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Cell Phone Companies Back for More: Price Hikes, Mandatory Data Plans, Huge Bills

Verizon prepaid customers can buy this basic phone from Walmart for just $15.88. But if you want to use this phone on a postpaid plan, Verizon charges up to $200 for the same phone unless you renew your contract.

As AT&T and Verizon discover an increasing amount of their revenue and profits come from their respective wireless divisions, they’re testing the waters to determine just how much more consumers are willing to pay for cell phone and wireless broadband services.

Verizon Wireless has spent the past year closing loopholes of various kinds and herding an increasing number of customers into mandatory data plans which can add up to $30 a month per phone to your monthly bill.  AT&T wants more if you plan on early upgrades for your cell phone.  A quick review:

Verizon Wireless Locks Down Prepaid Phone Models: Anyone who has shopped for a prepaid phone has probably noticed them dangling from hooks in Walmart and other stores at prices starting around $20.  Most of these prepaid phones are basic models or those deemed cutting edge a few years ago.  Take the LG 5600 — the Accolade.  It’s a phone your father would be comfortable with, covering the basics and designed primarily for making and receiving phone calls.  Verizon Wireless’ retail price for its “postpaid” customers (those who get and pay a bill every month) is $199.99 for the Accolade.  Of course, if you sign a new two-year contract, the phone is free.  But you can find the exact same phone, labeled for Verizon’s prepaid service at prices as low as $15.88.

Verizon claims the deep, deep discounts on prepaid phones are made back from the higher prices prepaid customers pay for airtime.  Some enterprising Verizon postpaid customers have sought these models out to replace or upgrade a worn out or broken phone without having to sign a new two-year contract.  Some other prepaid companies have also activated Verizon’s prepaid phones on their own network, including Page Plus.

Verizon has put the kibosh on both practices.  Customers seeking to activate a prepaid phone on a postpaid account must first use the phone in prepaid mode for a minimum of six months prior to its conversion to postpaid use.  Until very recently, some customers discovered a loophole around this requirement — registering a prepaid phone first on Verizon’s website and then activating it by dialing *228.  So long as a phone had never been activated, it often could be used on a postpaid account from the date of purchase.  But now Verizon tracks which phones are intended for postpaid and prepaid use, and that loophole has been closed.

Page Plus, which resells Verizon’s network, also had to stop activating Verizon prepaid phones almost a year ago.

As a result, those who want discounted cell phone service but keep Verizon’s robust network coverage have been forced to buy handsets at retail pricing, purchase one of several mostly refurbished phones direct from Page Plus, or activate an older phone no longer in use.

Avoiding the Data Plan: What drives an increasing number of Verizon off-contract customers towards “creative solutions” for upgrading their more than two year old phones is resistance to the expensive data plan required for most of their newest and best phones.  For these customers, renewing a contract means a plan change that includes $30 a month extra for data services or a phone downgrade to a basic model to avoid a data plan. Verizon’s remaining data-plan exempt handsets are:

  • Verizon Wireless CDM8975
  • LG Accolade™
  • LG Cosmos™
  • Pantech Jest™
  • Samsung Gusto™
  • Verizon Wireless Salute™
  • Verizon Wireless Escapade®
  • Samsung Haven™
  • Samsung Intensity™
  • Samsung Convoy™
  • Motorola Barrage™

Would you renew a two-year service contract if you had to downgrade your next new phone to a basic model to avoid a mandatory data plan?

For large families accustomed to mid-level phones, the prospect of being stuck with a Jitterbug-like-downgrade or a $30 data plan has kept many from renewing their contracts, sticking with what they already own.

When AT&T announced the end of its flat rate smartphone plan, it said the lower pricing on smaller allowance data packages would represent “savings” for consumers reluctant to upgrade.  It’s hard to accept the same company that set prices so high for data usage in the first place has consumer interests at heart with usage-limited alternatives, especially when they no longer offer an unlimited option for customers who want one.

Verizon also plans to drop its unlimited plan in the near future.  Also on tap is a gradual shift away from so-called “mid-level” phones that consumers can purchase with a reduced rate, but still-mandatory $10 data plan.  Verizon increasingly will push customers between two stark choices — a high-powered, battery-eating smartphone that will give you a heart attack if you drop it or a very basic, stripped down phone with features commonly found on handsets five years ago.

This kind of pricing is driving some cash-strapped consumers to prepaid alternatives, such as Page Plus and Straight Talk on Verizon’s network and Wal-Mart’s new family prepaid plan on T-Mobile.  This is especially true if customers just want to talk and text.

AT&T’s Increases ‘Early Upgrade Price’ for Data-Friendly Smartphones by $125

Boy Genius Report obtained a copy of an AT&T memo to its sales force notifying them the price for “Early Upgrade Pricing,” traditionally charged customers who must have the latest and greatest, or accidentally lose or destroy their existing phone, is going up — way up, from $75 to $200:

Beginning Oct. 3rd, Early (Exception) Upgrade pricing for Smartphones will increase from the two-year price plus $75 to the two-year price plus $200.  This change does not apply to iPhone or Basic and Quick Messaging Phones.

Example: BlackBerry Torch $199.99 two-year price + $200 Early Upgrade fee = total price $399.99, a savings of $100 off the No-Commitment price of $499.99.

In return for just a $100 discount, customers sign a new two-year contract that begins with the phone’s replacement.  That contract includes the usual early termination fee of $325, which decreases by $10 per month.  AT&T watchers speculate the price change was designed to stop resale of relatively new phones on sites like eBay or Craigslist, where sellers charge near-retail prices and eat the formerly low penalty for an early upgrade.  It also makes the price of getting the very newest phones that much higher.

Courtesy: Boy Genius Report

Cell Phone Lobby Resists Requirement for Early Warnings Alerting Customers Their Data Allowance Is Almost Gone: “It Will Cause Customer Confusion and Frustration”

Liz Szalay had to dip into her 401(k) retirement account to pay the family’s $2000 Verizon Wireless bill, gone wild with data fees her 14-year old son ran up searching for and downloading songs.

“I would never have allowed my son to accrue such charges, if I had known,” Szalay, a secretary in Niles, Michigan, told Bloomberg News. “What I did to prevent this from happening in the future was have his Internet access completely blocked by Verizon, but not before they made off with a boatload of money.”

Had Szalay received a text and/or e-mail message warning her one of the phones on her account was approaching 80 percent of its monthly data allowance, or was already at risk of racking up huge fees, it would have been possible to stop the damage before it began.

Sen. Udall wants legislation to warn consumers before they run up enormous wireless bills. The industry calls such warnings "confusing and frustrating" for consumers.

Senator Tom Udall, a New Mexico Democrat, wants to make sure she gets that warning.  Udall drafted legislation that would require companies to warn customers when they have used 80 percent of their allotment.

“It’s difficult for the carriers to get up and argue against greater transparency on bills and notifications,” Christopher King, an analyst at Stifel Nicolaus & Co. in Baltimore told Bloomberg. “It’s becoming an issue on the front burner of regulators’ minds.”

The industry’s lobbyists are trying to block the legislation anyway.

The CTIA, the wireless industry lobbying group, is fiercely trying to kill Udall’s bill, claiming warnings will cause “customer confusion and frustration” and that carriers already offer customers the opportunity to check their usage by visiting carrier websites or via a text message.

The lobbyist solution requires consumers to be vigilant and check daily to make sure they don’t exceed any limits.  Udall’s idea puts the onus on phone companies to warn customers, who often have family members that have no idea what kind of cash bonanza they can provide a wireless provider just by using data features built into their phones.

Szalay’s son has a phone that doesn’t require a data plan, but incurs an enormous $1.99 in charges for every megabyte accessed online.  Verizon’s own website notes customers can consume 183 megabytes of data streaming music just five minutes a day for a month.  That’s $364 in data charges.  Five minutes downloading games — 440 megabytes or $875 in data fees.  One need not use their phone for hours a day to incur enormous fees for data usage.  Szalay’s son could have managed the $2,000 bill he caused using his phone for less than 15 minutes each day.

Verizon does not allow customers hit with these bills to retroactively sign up for a data plan to cover the costs, which are the same to Verizon whether a consumer incurs them on an unlimited $30 monthly data plan, or on a pay per use plan with a stinging penalty rate.

And the company objects to any government official telling them to warn customers before the overlimit fees kick in.

“We have several measures in place that allow our customers to monitor their usage and protect against overages — this is a proactive approach on Verizon’s part,” Verizon’s Smith told Bloomberg in an e-mailed statement.

How to Protect Yourself

Both Verizon and AT&T are masters of extracting a maximum amount of money from customers’ pockets.  Verizon is increasingly risking its high rating for customer service and quality by finding new ways to nickel and dime even long time customers to death.  AT&T already has earned a bad reputation and can’t drop much further unless it adopts Sprint’s old strategy of driving its own customers away.  Only through education and careful consideration of your family’s actual usage can you safely navigate around these shark-like wallet biters.

1.  Avoid cell phone company insurance plans unless you are concerned about theft.  With “early upgrade” plans, even at AT&T’s $200 price, it may not be worth paying an expensive monthly fee for insurance.  Also consider Squaretrade, a third party warranty/replacement provider.  They charge considerably lower prices than most (Google around for coupon codes offering up to 30 percent off).  If your phone breaks or is damaged, and you are not on a contract, you might find a suitable refurbished replacement through websites like eBay.  Just make sure the phone wasn’t designated for prepaid service to avoid activation hassles.

2.  If you want Verizon network quality, but don’t want to pay Verizon’s diamond-platinum pricing, consider doing business with one of the new prepaid providers offering month-to-month service that uses the same network as Verizon itself.  Walmart sells Straight Talk, but also consider Page Plus, which offers 1,200 minutes of call time, 1,200 texts, and 50MB of data use for $29.95 per month.  The only downside is that most prepaid providers don’t sell family plans, meaning each user pays the same price.  Walmart’s new prepaid plan changes that with the introduction of a shared family plan, with additional lines given discounted pricing.  But the discounts are not as good as postpaid plans offer, and the service relies on T-Mobile, which is not well-regarded for coverage outside of metropolitan areas.

3.  Smartphones, in addition to being expensive, often deliver horrible battery life.  Some won’t even make it through an entire business day.  Before seeking out one of these premium phones, consider whether you will actually use their features.  Is it worth the price of a $30 a month data plan if you only occasionally use the phone for wireless Internet?  Bragging rights come with a $200 up front price tag and a two year contract that will run up to $720 just for the data plan over two years.  If you drop it, lose it, or it gets stolen, the retail price for most of these phones is north of $500.

4.  Carriers design “gotcha” data pricing into their assumed revenue models.  They know even with online tools, nobody wants the hassle of checking their allowance for data every day, especially when most stopped checking their voice minutes allowance years ago.  While carriers occasionally waive gigantic bills, especially when the media gets involved, you can restrict data access on some or all of your phones if you do not have a data plan and don’t care about this feature.  You should support Senator Udall’s bill as well.  Carrier excuses that a warning message will cause confusion and frustration are laughable.  Getting a $2,000 wireless bill in the mail will cause far more of both.  That the industry objects to even this common sense approach illustrates just how rapacious wireless companies are for additional profits.

5. Educate everyone on your plan about the implications of using the phone to download music and games or watch video.  Unless you are on a flat rate plan, you may want to simply tell your family not to use their phones for these kinds of services without asking permission first.  This gives you an opportunity to check your allowance before Verizon gets a chance to reduce your bank balance.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Cell Phone Savings 10-12-10.flv[/flv]

We have four reports covering consumer news on cell phones that can save you money:  KSHB-TV in Kansas City takes a look at Walmart’s new prepaid family plan using T-Mobile’s network, WIVB-TV in Buffalo reports Sen. Kirsten Gillibrand (D-N.Y.) wants carriers to stop international roaming charges when customers end up making and receiving calls on a Canadian provider’s network from the American side of the border, WFTS-TV in Tampa provides tips on getting lower rates from your cell phone company and WTEV-TV in Jacksonville helps customers analyze cell phone bills for savings.  (6 minutes)

Telstra: You Don’t Need Virtually Unlimited Broadband When You Can Have Our Overpriced Service

Phillip Dampier October 11, 2010 Broadband Speed, Competition, Data Caps, Editorial & Site News, Telstra Comments Off on Telstra: You Don’t Need Virtually Unlimited Broadband When You Can Have Our Overpriced Service

Bigpond is Telstra's broadband service

Telstra, Australia’s dominant telecommunications company, is openly concerned about the prospect of Australians finally shedding themselves from Internet Overcharging schemes like low usage caps and throttled speed.  But instead of doing away with these profit-boosting schemes themselves, they’ve decided to argue that consumers don’t need the country’s newest 1TB usage allowance plans, calling them publicity gimmicks.

Of course, Telstra doesn’t offer a 1TB plan.

Heath Gibson tries to explain away Telstra’s Internet Overcharging in a company blog post:

A terabyte is a lot of data. One provider claimed it’s enough to download about 200 DVD quality movies and still have quota left over.  Whilst my inner geek is salivating at the possibilities, the analyst in me is questioning just how many people currently need, or could even use, a terabyte of data each and every month.

Gibson

Gibson believes the average Australian is better off plans like Telstra’s 50GB DSL service, running $49.30US per month on a two-year contract.  When all the charges and fees are totaled, Australians will pay Mr. Gibson’s company $2,364.50US for two years of service that slows to 64kbps once your monthly 50GB allotment is used up.

“Terabyte plans will have appeal to a special niche and demand for these plans will no doubt grow over time,” Gibson wrote. “But for now my advice to most people would be to look past the attention grabbing headline, check how big a plan you really need and keep in mind all the other things that go in to making a great ISP.”

Australians have already made that decision and they have been voting with their feet to other providers.  On the same day Gibson was dismissing the competition, Telstra CEO David Thodey was responding to it, recognizing the company has lost significant market share because of high prices and poor customer service.

He told The Advertiser improvements were underway.

“The focus on customer service is something that is innate within Telstra, but our delivery leaves a lot to be desired,” he said.

So is their pricing.  Gibson’s views defending rationed Internet service are similar to the arguments broadband providers in the States use to defend their failure to keep up in the global broadband speed race.  Only instead of dismissing the need for unlimited service, American providers try and convince customers they don’t need the faster speeds they don’t deliver.

Verizon’s LTE Network On The Way, But At What Price? (And Buffalo Is Upset They’re Not on the List)

Verizon hopes to herd its smartphone owners onto limited use data plans on its new LTE high speed network

Verizon this week unveiled a list of 38 major cities where the company’s much-faster LTE wireless broadband service will launch by year’s end.  Dubbed by some as the “list of cities with NFL franchises,” Verizon’s choices delighted some, but puzzled others.

But before the celebrations get out of hand, incoming Verizon CEO Lowell McAdam warned customers need to prepare themselves, and their wallets, for major price changes.

Specifically, the company intends to treat its new 4G network, with top speeds of 5-12Mbps downstream and 2-5Mbps upstream, as a premium product with a premium price.  It comes complete with a classic Internet Overcharging scheme.

“We think there’s a place for unlimited plans,” McAdam announced, “but we think that over time, because we have finite resources, our customers are going to have to shift to a pay-as-you-use model. I would say that clearly over time we will be migrating to a bucket-of-megabytes” price schedule.

Verizon’s finite resources are more infinite than those of its customers, however.

Much like its partner-in-pricing – AT&T, Verizon is preparing to ditch its unlimited data plan for smartphone customers.  Despite the fact its new LTE network will offer a more efficient network experience for both Verizon and its customers, the nation’s largest wireless carrier wants limits on how much data customers can exchange over their new network, with overlimit fees for those who use too much.

Exact pricing has yet to be announced.

Amidst the flurry of excitement over McAdam’s appearance at the San Francisco wireless industry conference, yet more rumors of the forthcoming arrival of a Verizon iPhone also made headlines.  Apple is reportedly releasing a CDMA version of its popular phone soon, and despite the fact there are other CDMA networks in the world, reporters presumed it must be intended for the American market.

After the press conference, the list of cities to get Verizon’s new LTE network became a hot topic for debate.  In western New York, only Rochester made the cut.  For residents in Buffalo, who would like to remind Verizon they have an NFL team, the slight did not go unnoticed.  It made news on the city’s most watched nightly local newscast.

But those of us in Rochester remind our friends in the Queen City they have Verizon FiOS while we are stuck in a broadband backwater with Frontier Communications.  (Besides, the Buffalo Bills training camp is in Rochester.)  The broadband gap between the two cities could have made Rochester a ripe target for Verizon, assuming customers can afford the price of the service plan.

Folks in Austin noted they are not on Verizon’s list either, despite the Texas city’s high-tech-embracing reputation.  Houston, the Dallas-Ft. Worth Metroplex, and San Antonio did make the list.  But fear not Austin, you will be able to use LTE at the Austin-Bergstrom International Airport.

For existing Verizon customers in the chosen places, the imminent arrival of 4G may stall customers from upgrading phones until new LTE-capable models arrive in time for the holidays.  But the Data Grinch That Stole Flat Rate Wireless may still be confounded by the number of customers who let their contracts expire and stick with their existing phones, refusing to expose themselves to mandatory, overpriced data plans.

Verizon Wireless 4G LTE Initial Major Metropolitan Area Deployment

Akron, Ohio
Athens, Georgia
Atlanta, Georgia
Baltimore, Maryland
Boston, Massachusetts
Charlotte, North Carolina
Chicago, Illinois
Cincinnati, Ohio
Cleveland, Ohio
Columbus, Ohio
Dallas-Fort Worth Metroplex, Dallas, Texas
Denver, Colorado
Fort Lauderdale, Florida
Houston, Texas
Jacksonville, Florida
Las Vegas, Nevada
Los Angeles, California
Miami, Florida
Minneapolis/Saint Paul, Minnesota
Nashville, Tennessee
New Orleans, Louisiana
New York, New York
Oakland, California
Oklahoma City, Oklahoma
Orlando, Florida
Philadelphia, Pennsylvania
Phoenix, Arizona
Pittsburgh, Pennsylvania
Rochester, New York
San Antonio, Texas
San Diego, California
San Francisco, California
San Jose, California
Seattle/Tacoma, Washington
St. Louis, Missouri
Tampa, Florida
Washington, D.C.
West Lafayette, Indiana
West Palm Beach, Florida

Verizon Wireless 4G LTE Initial Commercial Airport Deployment (Airport Name, City, State)

Austin-Bergstrom International, Austin, Texas
Baltimore/Washington International Thurgood Marshal, Glen Burnie, Maryland
Bob Hope, Burbank, California
Boeing Field/King County International, Seattle, Washington
Charlotte/Douglas International, Charlotte, North Carolina
Chicago Midway International, Chicago, Illinois
Chicago O’Hare International, Chicago, Illinois
Cincinnati/Northern Kentucky International, Covington, Kentucky
Cleveland-Hopkins International, Cleveland, Ohio
Dallas Love Field, Dallas, Texas
Dallas/Fort Worth International, Fort Worth, Texas
Denver International, Denver, Colorado
Fort Lauderdale/Hollywood International, Fort Lauderdale, Florida
George Bush Intercontinental/Houston, Houston, Texas
Greater Rochester International, Rochester, New York
Hartsfield-Jackson Atlanta International, Atlanta, Georgia
Honolulu International, Honolulu, Hawaii
Jacksonville International, Jacksonville, Florida
John F. Kennedy International, New York, New York
John Wayne Airport-Orange County, Santa Ana, California
Kansas City International, Kansas City, Missouri
La Guardia, New York, New York
Lambert-St. Louis International, St. Louis, Missouri
Laurence G. Hanscom Field, Bedford, Massachusetts
Long Beach/Daugherty Field, Long Beach, California
Los Angeles International, Los Angeles, California
Louis Armstrong New Orleans International, Metairie, Louisiana
McCarran International, Las Vegas, Nevada
Memphis International, Memphis, Tennessee
Metropolitan Oakland International, Oakland, California
Miami International, Miami, Florida
Minneapolis-St. Paul International/Wold-Chamberlain, Minneapolis, Minnesota
Nashville International, Nashville, Tennessee
New Castle, Wilmington, Delaware
Newark Liberty International, Newark, New Jersey
Norman Y. Mineta San Jose International, San Jose, California
North Las Vegas, Las Vegas, Nevada
Orlando International, Orlando, Florida
Orlando Sanford International, Sanford, Florida
Palm Beach International, West Palm Beach, Florida
Philadelphia International, Philadelphia, Pennsylvania
Phoenix Sky Harbor International, Phoenix, Arizona
Phoenix-Mesa Gateway, Mesa, Arizona
Pittsburgh International, Pittsburgh, Pennsylvania
Port Columbus International, Columbus, Ohio
Portland International, Portland, Oregon
Rickenbacker International, Columbus, Ohio
Ronald Reagan Washington National, Arlington, Virginia
Sacramento International, Sacramento, California
Salt Lake City International, Salt Lake City, Utah
San Antonio International, San Antonio, Texas
San Diego International, San Diego, California
San Francisco International, San Francisco, California
Seattle-Tacoma International, Seattle, Washington
St. Augustine, Saint Augustine, Florida
St. Petersburg-Clearwater International, Clearwater, Florida
Tampa International, Tampa, Florida
Teterboro, Teterboro, New Jersey
Trenton Mercer, Trenton, New Jersey
Washington Dulles International, Dulles International Airport, Washington, D.C.
Will Rogers World, Oklahoma City, Oklahoma
William P. Hobby, Houston, Texas

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Verizon Wireless LTE Announced 10-7-10.flv[/flv]

Verizon Wireless’ announced LTE network was a common topic on local newscasts in several cities. We include WIVB-TV in Buffalo, noting that city didn’t make the cut, WCVB-TV in Boston which spent plenty of time on the resurgence of the rumored Verizon iPhone, WLFI-TV in West Lafayette, Indiana which discussed the network’s implications for Purdue University students, and a promotional video from Verizon itself interviewing visitors to a Boston pizzeria gushing over the speed of Verizon’s newest technology. (5 minutes)

Clear Hates Peer-to-Peer Traffic, So Why Were They Advertising on The Pirate Bay?

Stop the Cap! reader Kevin dropped us a note again this evening to let us know Clear users are still being throttled even without running peer-to-peer software, and that those throttled experiences run into days, not the 15-minute increments a company official claimed yesterday.  Perhaps Clear’s definition of “minutes” differs from the acceptable norm.  Regardless of the reason, it’s an unpleasant experience at best to pay a generous fee every month for service that effectively tops out at 250kbps (that’s 0.250Mbps) when the punishment throttle is active.

But even more ironic, Clear’s annoyance with a purported flood of customers running peer-to-peer applications on their network could have been tempered had the company avoided advertising the service in 2009 on the very notorious Pirate Bay:

Ahoy mateys: Clear's 2009 advertisement on The Pirate Bay, as captured by one of our readers. (click to enlarge)

Although we enjoy the irony ourselves, it is fair to mention Clear probably didn’t intentionally target the world’s largest torrent tracker website, but was instead mass advertising on a range of websites targeting users thought to be “early adopters.”  But every advertising network we’re aware of allows advertisers to opt-out of specific websites, and Clear hadn’t bothered when our reader captured this image.

That makes Clear’s apparent battle with peer to peer traffic partly one of their own making.

AT&T: We Love the Internet Our Way — Hold the Non-Preferred Traffic, Please

Back in the 1980s, a group of ragtag rural home satellite dishowners with 10 foot dishes took on the cable television industry for forcing viewers to purchase a set top decoder unit ($395) and paying programming prices higher than what cable viewers paid.  It was all part of an effort by the cable industry, which had an ownership interest in most cable networks back then, to discourage consumers from purchasing satellite dishes to escape ever-increasing cable rates.

Back then, these consumers ran into the same kind of Congress we endure today — quick to listen to industry representatives bearing campaign contributions and slow to respond to the needs and interests of their constituents who elected them.  Indeed, in one infamous example, a call placed to then-New York Senator Al D’Amato resulted in a staff member asking “what company are you with?”

Despite the power and influence of corporate interests protecting their turf, earning enormous profits along the way, many satellite dishowners stayed in the fight, and as cable rate increases continued, major reforms were finally enacted in the 1992 Cable Act which made small satellite dish services like DISH and DirecTV possible.

The struggle for Net Neutrality reminds me of that fight, and the fact it would take time to overcome the special interests and obtain important reforms.  Here at Stop the Cap!, we’ve won more battles than we’ve lost thanks to a small army of consumers who despise Internet Overcharging schemes and are tired of paying outrageous high prices for broadband and other telecommunications services.  Giving up the fight is not an option.

As the 111th Congress draws to a close, efforts to enact Net Neutrality through legislation this year have come to naught.

We were also disappointed by Julius Genachowski, the chairman of the Federal Communications Commission.  Despite his promising start at the agency, after more than a year watching his performance he has proven to be far better at making speeches than actually implementing policy.  His indecision and dawdling has resulted in a failure to deliver on his promise to reclassify broadband as — what it is — a telecommunications service.  That leaves standing a federal court decision that swept away the Commission’s authority to oversee broadband and stop abusive behavior.  For providers, that’s a dream come true.  Just consider this week’s story that Clear is throttling their customers despite marketing claims they would never do such a thing.

But not to worry, America.  AT&T is “committed to an open Internet,” proclaims the company in a new, feel-good advertisement.  AT&T’s public policy ad claims the company stands with the Obama Administration on delivering universal access to broadband by 2020.

“The future,” the ad claims, “has always been our business.”

The notion is just so warm and fuzzy, it makes me want to adopt puppies and kittens.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Public Policy Commercial.flv[/flv]

AT&T’s newest ad promotes the company’s public policy agenda, which opposes Net Neutrality while still claiming to respect its core principles.  (1 minute)

Of course, AT&T is not so warm and friendly in Washington.  This is the company that dwarfs all other Big Telecoms in spending its customers’ money on hardcore lobbying blitzkriegs on Capitol Hill, drowning Washington in cash and fooling consumers with fake front groups pretending to represent their interests.

Suz, a third-year graduate student at Georgetown University’s Communication, Culture and Technology (CCT) program, noticed some of our earlier coverage on the topic of AT&T and wrote this is a company with a history:

The ad really struck me because of its message and because of the medium. In another class I’m currently taking – The Development of Electronic Media – we just came to the chapter on the development of the telephone and the major influence that AT&T held over that field for the majority of the 20th century. In part because of government regulations supporting the idea of “universal service” and in part because of the desire to connect rural areas with urban areas on the same line of service, the federal powers – though they put a little pressure on after AT&T acquired Western Union with the threat of anti-trust lawsuit – eventually support AT&T’s decompetitive nature by insisting on a compatible network and blocking “duplicative” services, giving AT&T the far-and-away lead in the market.

“The future has always been our business – AT&T.”

Now, there was a lot of history between this “golden age” of monopoly for AT&T and its eventual position today. But what I find striking is the similar-sounding stance to then-CEO Vail’s mission statement of universal service. Their motive may not have been as altruistic as the motto was (one way to attain universal service is to place it in the hands of one provider), but it eventually convinced the government that its powers could be used for good, even at the expense of a competitive (and innovative) marketplace.

Welcome to AT&T v2.0.

AT&T’s dominance in landlines is now at an end, but its influence over the telecommunications medium of the 21st century — the Internet, is just beginning.

The timing could not be more ironic, either.  While AT&T supports the goal for universal broadband service, it is fiercely lobbying to abandon a promise it made a generation earlier to deliver universal landline telephone service.  For that earlier commitment to wire every home, it was granted monopoly status for much of the 20th century.

AT&T has promised to be benevolent if it can remain a completely unregulated mega-player in the broadband industry.  It won’t openly censor opposing viewpoints, but it reserves the right to slow them down to make room for its preferred content partners.  AT&T won’t control what you see or do online, but it does want the right to limit how much of the seeing and doing you can do without overlimit usage fees kicking in.  But no worries, America — AT&T promises full disclosure, so at least you will know you’ve been network managed and overcharged for service.

Jeffrey Burnbaum — writing for the Washington Postnotes AT&T was the gold standard of high powered lobbying and little has changed today:

In the 1980s, AT&T was known for having one of the largest and most skilled corporate offices in Washington. Its representatives were everywhere and well-regarded on Capitol Hill. I remember one encounter between a tall AT&T lobbyist and an elegant McLean matron at a congressional cocktail party. The woman pecked the lobbyist on the cheek and then teased him: “I see you’re wearing your sincere blue suit.” He laughed knowingly — as did the lawmakers standing nearby and with whom he held much sway.

But personal respect wasn’t enough to hold back the tide, either. The telecommunications act of 1996 demonstrated the growing clout of the Baby Bells and AT&T made one last stab at restoring its prowess. In 1998 it hired a former White House deputy chief of staff, James W. Cicconi, to reorganize its Washington presence.

The former aide to George H. W. Bush put together what stands to this day as the model of a contemporary lobbying campaign. Under his guidance, AT&T dispensed tons of campaign cash, formed coalitions with sympathetic-sounding organizations, hired some of the biggest names in downtown Washington as lobbyists and spent millions of dollars on television advertising.

Net Neutrality advocates believe broadband reform is essential in the marketplace duopoly that exists today for most Americans.  With limited options, providers must do more than commit to an open Internet — they must be compelled to deliver it.  The industry’s scare tactics of slowed investment, job losses, and lost innovation are as patently ridiculous — and offensive — as similar claims made by the company over its breakup in the early 1980s.  With the power and influence of lobbying, telecommunications deregulation has allowed them to start putting the pieces back together again.  They are richer and more powerful than ever.

But can they be overcome?  Considering the cable industry deeply underestimated the impact of a consumer outcry over the industry’s abusive practices in the 1980s and early 1990s, the answer remains yes.  Just like the speeds of AT&T’s DSL service, it is just going to take awhile.

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