Consumer Reports has unveiled its second annual Naughty & Nice Holiday List, a compilation of companies who deliver more than they promise, or stick their customers with a lump of customer service coal.

Among telecommunications providers, the consumer magazine is slamming Verizon Wireless for its gouge-you-now, tell-you-about-it-later “early warning system” that is supposed to notify customers before they exceed their arbitrary data plan limits.  Verizon can’t let a little customer service get in the way of making a ton of money on extortionist overlimit fees for customers who dare to use too much:

The company tells the Federal Communications Commission that it voluntarily provides ample warning to customers who seem about to exceed their monthly allotment of minutes, messages, or data, so a mandatory rule that would make it issue such alerts isn’t necessary. But we caught Verizon doing — and admitting to — something else. Two staffers who are Verizon customers recently were notified only after they went over their allotment, at which time the company tried to upsell them to a pricier plan. When contacted by our reporter, a company spokesman acknowledged that its voluntary alert system isn’t always reliable. But it now looks like better protection from “bill shock” is on its way. Under a mid-October deal with the FCC, members of CTIA – The Wireless Association, a trade group representing 97 percent of wireless carriers, agreed to begin issuing alerts of impending overages. Full implementation of the alert system could take until April 2013.

That represents at least a year-long Money Party for Big Red, which began enforcing its idea of an “appropriate amount” of usage earlier this year.  Green, silver and gold are not just for the holidays at VZW.

SiriusXM‘s customer service don’t-care-bears also come in for a spanking. On top of hold times that can rival a typical workday, customers who don’t trust the satellite radio company with their credit card number pay a price for their wariness – a $2 monthly bill fee:

If a subscriber wants to receive a bill in the mail and pay by check (the old-fashioned way), he or she will get socked with a $2 surcharge every month. The penalty can be avoided if the customer gives Sirius credit-card information and elects to be billed electronically on a recurring basis.

While AT&T breathes a sigh of relief they are not on the naughty list this year, Cablevision is pleasantly surprised to find themselves with a nice stocking stuffer courtesy of CR.

Telecom companies are a frequent target of consumer displeasure, but this industry giant offers more to subscribers who sign up for its Optimum Triple Play – Internet, phone, and TV service – free movie tickets on Tuesdays and deeply discounted tickets on other days. Customers who sign up for Cablevision’s Optimum Rewards program (it’s free) also get perks like discounted popcorn and soda at participating theaters.

Considering popcorn and soda purchases at most theaters now warrant an accompanying easy financing credit application, that’s no snowjob.

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Watch Consumer Reports’ 2011 Naughty & Nice Holiday List of the good, bad, indifferent, and just plain lousy companies that want a piece of your holiday action.  (2 minutes)

Providers establishing Internet Overcharging schemes like usage caps, so-called “consumption billing,” and speed throttles that force subscribers into expensive upgrades are planning for a growth industry in data consumption.

According to new research from a firm that specializes in market strategies, data usage is going up and fast.  Providers that seek to monetize that usage could win enormous new profits just sitting back and waiting for customers to exceed the arbitrary usage caps some companies are now enforcing with their customers and take the proceeds to the bank.

iGR says the demand for connectivity inside the home is at an all-time high, with the biggest growth coming from wireless Wi-Fi connections.  The more devices consumers associate with their home broadband connection, the greater the usage.

That is one of the reasons why providers are increasingly supplying customers with free or inexpensive Wi-Fi routers, to make the connections quick, simple, and potentially profitable down the road.

Comcast's Wireless Gateway: A Future Money Machine?

Comcast announced this week it would supply a free 802.11N “home gateway” free of charge to every new customer signing up for Blast!, Extreme 50 or Extreme 105 broadband service.  In addition to wireless connectivity for every device in the home, the Xfinity Wireless Gateway also includes a built-in cable modem and phone service adapter.  Time Warner Cable strongly encourages new DOCSIS 3 customers use their equipment for Wi-Fi service as well.  AT&T has included its own wireless gateway with U-verse for a few years now.

The offer is hard to refuse.  Nearly 80 percent of homes use wireless access, connecting cell phones, tablets, laptops, personal computers, game consoles, and even set top boxes that let customers stream video entertainment to their television sets.

iGR found average usage in heavily-connected homes at the all time high of 390GB per month.  By 2015, that will rise to more than 440GB per month.  Both numbers are well in excess of average consumption limits by providers like Comcast and AT&T, which top out at just 250GB per month.  Of course, not all Wi-Fi usage is based on traffic from the Internet.  Some users stream content between computers or devices within the home.  But the research is clear — usage is growing, dramatically.

Video is by far the biggest factor, according to iGR.  Their report, U.S. Home Broadband & WiFi Usage Forecast, 2011-2015, says the appetite for downloaded and streamed video is only growing.

Matt Vartabedian, vice president of the wireless and mobile research service at iGR, says home Wi-Fi has become inextricably woven into the personal, social and business fabric of today’s life.

Broadband is increasingly seen by consumers as an essential utility, as important as the home wired telephone, safe drinking water, and reliable electric and natural gas service.

Providers are positioning themselves to take advantage of the growth market in data by establishing what, at first glance, may seem to be generous (often inflexible) usage limits that remain unchanged years after introduction.  While only a handful of consumers may cross those provider-imposed thresholds at first, within a few years, it will be more uncommon to remain within plan limits, especially if you watch online video.

AT&T pays a lot of money — millions annually — to make sure its business agenda does not run into political or legislative roadblocks in Washington, D.C.  With dozens of members of Congress effectively on AT&T’s campaign contribution payroll and the company’s unparalleled skill at convincing non-profit organizations to advocate for its interests, worrying about the government’s antitrust views on its proposed buyout of Deutsche Telekom’s T-Mobile was the least of its troubles.

“It’s a done deal,” several analysts predicted shortly after the deal was announced, especially after AT&T demonstrated its confidence level in the merger was as high as the enormous $6 billion dollar breakup concession payable to Telekom if it ever fell apart.

Then the government dared to put its two cents in, in the form of a “are you kidding me?”-lawsuit courtesy of the U.S. Department of Justice.  It seems, in the words of some Beltway cynics, the Obama Administration can manage to see a clear cut case of anti-competitive behavior when given enough time.

Since the lawsuit was announced on Aug. 31, it has been “all-hands-on-deck” for the company’s government relations division, packed full of the company’s top lobbyists.  While company lawyers desperately attempt to block what it sees as “pile on” objections and lawsuits from worried competitors, Sprint-Nextel in particular, AT&T lobbyists are trying to compromise away the Justice Department case with proposals of concessions and giveaways to make approval more palatable.

Further north, as fall turns into winter in New York’s financial district, Wall Street analysts are cold on the troubled deal themselves.

The Financial Times reports most analysts think there is now less than a 50-50 chance the merger will be completed unless the two companies agree to disgorge themselves of market share, territories, and increasing “shareholder value” that will come from eventual rate increases a wireless duopoly would inevitably bring.

Some are even less sanguine, predicting AT&T has only a 20 percent shot, and only if it sells off considerable chunks of valuable spectrum to competitors other than Verizon Wireless.

AT&T is retuning its “message” for the times, downplaying the original, ludicrous notion that urban-focused T-Mobile would be the keystone of a new era in 4G wireless service for rural America.  There is a reason T-Mobile isn’t the first choice for small town America’s cell phone buyers.

Instead, AT&T is now positioning the merger deal as a lifeboat for its troubled competitor.  AT&T suggests the number four carrier is in immediate peril — hemorrhaging customers, caught without a coherent 4G strategy, and an exodus of interest by its increasingly neglectful parent — Deutsche Telekom.

Could Time Warner Cable be an eventual part-owner of T-Mobile USA?

“Over the past two years, T-Mobile USA has been losing customers despite explosive demand for mobile broadband,” AT&T said in a statement this week. “T-Mobile USA has no clear path to 4G LTE, the industry’s next generation network, and its German parent, Deutsche Telekom, has said it would not continue to make significant investments in the United States.”

With AT&T predicting the demise of its smaller would-be cousin, consumers may not be in the mood to sign a two-year contract with a company that could soon be rechristened AT&T, especially those leaving AT&T for T-Mobile.

But don’t tell T-Mobile’s marketing department it’s a phone company on life support.  T-Mobile has beefed up its advertising and continues to irritate its larger competitors, particularly AT&T, with very aggressive pricing on its prepaid plans.

T-Mobile recently unveiled two disruptive $30 4G prepaid plans that offer either 1500 shared minutes/text messages and 30MB of data usage -or- 100 voice minutes combined with unlimited texting and up to 5GB of mobile data before the speed throttle kicks in.  Those prices are too low for AT&T and Verizon to ignore, especially when offered on a 4G network.

So far, the Justice Department shows no signs of backing down from their resolute opposition to the deal, minor concessions or not.  Shareholders may not appreciate giving the government too much of what it wants in order to win approval.  Washington lawmakers are split — virtually every Republican favors the merger, Democrats are less absolute, with most opposed.  Among those in favor, by how much is often a measure of what kind of campaign money AT&T has thrown their way.

AT&T absolutely denies they have a “Plan B” in case the merger eventually fails.  But the Times doubts that, reporting as time drags on, an alternative deal might emerge.  Some of the possibilities:

• T-Mobile USA could merge its spectrum with Dish Network, the satellite TV company, to launch a new 4G mobile operator in the USA;
• Combine forces (and spectrum) in a deal with leading U.S. cable companies like Cox, Comcast, and Time Warner Cable to launch a new cable-branded mobile operator;
• Sell or merge operations with MetroPCS, Leap Wireless’ Cricket, or one of several regional cell companies.

Perennial cable booster Craig Moffett from Sanford Bernstein predictably favors the cable solution, which would let companies offer a quad or quint-play of cable TV, wireless mobile broadband, wired broadband, phone, and cell phone service all on one bill.  It would also get the FCC off the backs of cable operators Time Warner and Comcast, who both control a total of 20MHz of favored wireless spectrum they have left unused since acquiring it at auction.  The Commission is increasingly irritated at companies who own unused spectrum at a time when the agency is trying to find additional frequencies for wireless providers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg ATTs 96000 Job Claim in T-Mobile Deal Questioned 11-8-11.flv[/flv]

Bloomberg News questions AT&T’s claim its merger deal with T-Mobile will create 96,000 new jobs. [Nov. 8] (3 minutes)

Winston-Salem Time Warner Cable customers can expect to pay around 4% more for cable service in 2012.

Time Warner Cable’s annual rate increases have now reached the Carolinas.

The company is mailing letters to customers that announce rate hikes for off-contract clients in the $2-4 a month range, including price increases for Road Runner broadband that will now cost between $49.45-$57.95 a month.

“Our new prices reflect dramatically higher programming costs, additional programming and features, and continued investment in our network and customer service,” said Time Warner spokesman Scott Pryzwansky. “Time Warner Cable invested more than $350 million in capital in the Carolinas over the past year to make our network even more robust and to enable our customers to get the services and features they want.”

The company also invested heavily in lobbying lawmakers to keep community-owned broadband competition at bay, helping pass a measure through the Republican-controlled legislature that makes municipal broadband competition much more unlikely.

The result is another year of unfettered rate increases for customers in cities like Winston-Salem:

• Cable TV increases from $10.23 to $11.49 for broadcast basic, $64.99-$69.49 for standard analog service, $80.99-$85.49 for digital cable;
• Broadband increases from $47.95 to $49.45 for customers who also have digital cable, $52.95 to $55.95 for customers with any other tier of cable TV, $57.95 for standalone broadband service;
• Telephone rates are unchanged.

Customers can avoid some of the price increases through creative bundling, threatening to take your business elsewhere, or by signing up for alternative providers:

1. Customers on discounted promotional packages, retention deals, and term contracts will not face the rate increases until their promotional rates or contract expires;
2. If you are unhappy with the rate increase, consider calling Time Warner and telling them to cancel your service 1-2 weeks from today’s date.  Then wait for them to start calling you with promotional “win-back” offers that deliver at least a year of substantial savings off regular rates;
3. If you are a broadband standalone customer, consider signing up for Earthlink under their six-month promotion for just under $30 a month.  You will continue to be billed by Time Warner Cable and receive the same speeds and service with two exceptions: no PowerBoost (a temporary speed increase during the first few seconds of downloading), and you lose your Road Runner e-mail address (which you are not actually still using, are you?)  Get a Gmail account, don’t worry about speed gimmicks, and save $28 a month.  At the end of six months, sign up for Time Warner’s Road Runner service under their promotional rate, which is around $30 a month for a year.  Total savings over the 18 month combined promotional rate term: $504!

More than two years after Time Warner introduced DOCSIS 3 speed upgrades in New York, Time Warner is finally completing broadband upgrades for their customers in the Carolinas.  The latest cities scheduled to get the company’s Wideband (50/5Mbps) and Road Runner Extreme (30/5Mbps) services are Wilmington, Jacksonville and Morehead City. The new services will be available by early 2012.

Most customers in eastern North Carolina and parts of South Carolina still get Standard service speeds of 10Mbps download, 512kbps upload.  After the upgrade, a boost in upstream speeds to 1Mbps for Standard service customers is expected.

Days after the citizens of Longmont, Col. turned their backs on an expensive lobbying and astroturf campaigned fueled (not by choice) by Comcast ratepayers, the so-called “community activists” opposed to the community using its own fiber network as it sees fit evaporated into dust, but not before one celebrating citizen took out a giant ad in the local Times-Call newspaper:

As Christopher Mitchell from Community Broadband Networks discovered, “citizen activism” has an expiration date when the industry money stops flowing:

If there had been a shred of local legitimacy among the “Look Before We Leap” group that was run by Denver-based strategists, it probably would have kept its website up for longer than a few days after the election. If I were them, I would want to keep a record for the future.

But they don’t. Because they were just a bunch of paid public relations people working a job. They didn’t oppose Longmont’s initiative, they didn’t know anything about it. They were collecting a paycheck.

And when the money ran out, the days of their website were numbered in the single digits.  The only thing left of lookbeforeweleap.org is a cached copy courtesy of Google.  (And by the way, Squarespace, the hosting company, wants the site owner to contact them.)

Americans for Prosperty's Phil Kerpen on Glenn Beck's show opposing Net Neutrality

Comcast’s propaganda campaign fooled no one.  Borrowing from the cable industry’s bag of old tricks, Look Before We Leap conflated Longmont’s fiber optic network with a few failed Wi-Fi projects run years earlier in concert with Earthlink in other states.

The editors at Times-Call had to respect Comcast and its merry band of dollar-a-holler followers for at least being bold.  After all, they tried to convince voters “that the city having control over its own property was somehow ‘risky.‘”  But of course the cable company would prefer Longmont stay out of the comfortable duopoly it has with phone company CenturyLink.

The newspaper had little time and patience for the antics of “Americans for Prosperity” either.  The hilariously misnamed group funded by large corporations to convince people to vote against their own best interests considers Net Neutrality and community broadband self-empowerment evidence of Marxism — at least that is what policy director Phil Kerpen said on Glenn Beck’s now defunct paranoia festival on Fox News Channel.

Longmont doesn’t put out the welcome mat for corporate influence peddlers.  Voters believe local government can be an effective steward of community resources, something Comcast subscribers don’t believe applies to a cable company that shovels hundreds of channels most people never watch and expects annual rate increases to help pay for them.

Times-Call’s Tony Kindelspire:

Ask a local businessperson how Longmont having its own electric utility is working out for them. We have some of the cheapest rates in the country.

It takes leadership to stand up against big business lobbyists to act on behalf of what you think is right, not what’s going to raise you the most amount of campaign cash the next time around. How very, very refreshing it was to see, and I hope it’s a lesson that spreads far and wide.

So do we.