(Reuters) – CenturyLink, Inc. said it would buy Level 3 Communications, Inc., in a deal valued at about $24 billion to expand its reach in the competitive market that provides communications services to business customers.

CenturyLink’s shares slumped 12.4 percent to $26.61 in afternoon trading on Monday, while shares of Level 3 surged 4.9 percent to $56.73.

The cash-and-stock deal, expected to close in the third quarter of 2017, comes as the companies struggle with a slowdown in their core operations and as they face telecommunications rivals like AT&T Inc., Comcast, and Verizon Communications Inc., who also offer internet and phone services to businesses.

CenturyLink aims to create a formidable enterprise telecom player as business clients seek more bandwidth and faster networks to move data traffic.

“We’ve become a much larger and more focused enterprise player,” CenturyLink Chief Executive Glen Post said in an interview after the deal was announced on Monday.

“Together with Level 3, we will have one of the most robust fiber network and high-speed data services companies in the world,” Post said separately in a statement.

Post, who has worked at CenturyLink since 1976, will lead the combined company, while Level 3 Chief Financial Officer Sunit Patel will be chief financial officer.

Analysts were concerned over the fact that CenturyLink will be using its shares to cover the purchase price, which they said would raise its debt-to-equity ratio.

“Our hangup on valuation stems from the fact that CenturyLink is using its shares to fund 60 percent of the purchase price,” Morningstar analyst Michael Hodel said in a research note.

Big Premium

The offer of about $66.50 per share represents a premium of 42 percent to Level 3’s close on Wednesday before reports surfaced on a potential pact between the two companies.

CenturyLink CEO and President Glen F. Post

CenturyLink, which reported third-quarter earnings on Monday, forecast lower-than-expected fourth-quarter revenue of $4.28 billion-$4.34 billion, dragged by a decline in its wireline business. The company expects an adjusted profit of 53-59 cents per share for the quarter.

Analysts polled by Reuters expect revenue of $4.38 billion and earnings of 64 cents in the fourth quarter.

Monroe, La.-based CenturyLink, which provides telephone services mainly in rural areas, has been investing to grow its enterprise business and upgrade its networks in recent years. Level 3 has one of the most desirable global fiber networks and provides internet services to clients like Apple and Netflix.

Including debt, the deal is valued at about $34 billion and would result in cost savings of $975 million per year, CenturyLink executives said on a conference call with investors.

“These are two companies looking for scale and synergies in reaction to the struggles that both companies are facing in their core business to deliver on growth,” BTIG analyst Walter Piecyk said in an email.

CenturyLink, which operates more than 55 data centers in North America, Europe and Asia and provides broadband, voice, video, data and managed services, has been exploring a sale of some of its data center assets. That sale process is underway, CenturyLink executives said on the call.

Colorado-based Level 3 narrowly avoided bankruptcy in the early 2000s and was helped by got a cash infusion of $500 million in 2002 from investors including Warren Buffett. It purchased enterprise company TW Telecom in 2014 for $5.65 billion.

It’s unlikely that the CenturyLink-Level 3 deal would face regulatory hurdles, analysts said.

The global enterprise market is “so crowded with competition, with more and more new entrants building fiber every day that we see little cause for concern by regulators,” Drexel Hamilton analyst Barry Sine said in a research note.

The breakup fee is of a “normal size” and will be divulged when CenturyLink files its merger agreement with regulators shortly, Post said without providing details.

(Reporting by Malathi Nayak in New York; Narottam Medhora and Supantha Mukherjee in Bengaluru; Additional reporting by Lauren Hirsch in New York; Editing by Shounak Dasgupta and Bernadette Baum)

Goei, CEO of Altice USA

Altice USA’s Dexter Goei is on a buying spree, putting down $31 million to buy a five-story multifamily building in Greenwich Village with plans to convert the 10-unit building into his personal megamansion. Cablevision customers will help cover Goei’s extravagant salary and his shopping list with a rate hike on set-top box rentals that will reach an all-time high of $10/month.

Cablevision is notifying customers that effective Dec. 1, customers will need to pay more, in part because Altice wants to make sure its charges “align with the industry” and are “competitive with other providers.” In other words, they are not charging enough.

Optimum’s Broadcast Basic Tier is rising to $17.95/mo for new customers, with existing customers facing a price hike up to $2.39/mo. Customers with Optimum Value or higher level of service will pay $2.98 a month more for Cablevision’s Sports & Broadcast TV fee, split into a $3.99/mo fee for “Broadcast TV” and $4.97/mo for “Sports TV.”

While Altice executives continue to look for at least $900 million in cost-cutting and savings at Cablevision, top executives are under no such constraints. Goei tried to hide his megamansion deal using the name of a Limited Liability Company as the buyer of the property, located down the street from Sarah Jessica Parker’s proposed megamansion at 273-275 West 11th Street. The super wealthy often evict current tenants and then knock the walls down between each apartment to create a larger open space for themselves in otherwise notoriously cramped Manhattan real estate.

“We can’t replace the five-year old broken coffee maker in our break room without appearing before a committee which writes down the names of those who want to spend $150 on a new machine but our new CEO (Goei is CEO of Altice USA) signs off on $10 box rentals and pays himself a salary that lets him shop until he drops,” one Cablevision middle manager on Long Island tells Stop the Cap! “It’s like letting Gordon Gekko run a cable company.”

After gracing Cleveland, Ohio with the dubious honor of being the first Cox service area in the country to be treated to compulsory data caps and overlimit fees, Cox Communications has announced it is expanding its internet overcharging scheme to customers in Florida and Georgia starting Nov. 21.

Stop the Cap! readers in both states shared Cox’s service change notification introducing hard caps in both states next month.

“Cox High Speed Internet packages include 1 TB (1,024 GB) of data,” Cox explains. “Approximately 99% of Cox customers are currently on a data plan that more than adequately meets their monthly household needs.”

That begs the question: if 99% of customers are unaffected by a data cap, then why have a data cap at all?

Cox “Data Plans”

Note: Unused data does not carry over to the next month.

Content managed by Cox included in Cox-provided services do not count toward data usage:

• TV and On Demand content accessed in the Contour app while connected to Cox in-home Wi-Fi
• Cox Digital Telephone
• Cox Homelife

Note: Third party content and content identified as internet services on receivers or TVGO in the Contour app may count toward data usage.

Customers in these areas who exceed their allowance will be billed $10 for each 50GB of excess usage. Customers will get a two-month grace period to become accustomed to internet rationing before the overlimit fees are added to customers’ bills.

Cox has not said if or when it will expand the data caps to other markets.

Customers can send Cox a message by calling the company and threatening to take your business to another provider specifically because of data caps and overlimit fees. Affected customers should also file a complaint with the FCC asking the federal agency to ban data caps as unnecessary and discriminatory against competing online video services.

Let the FCC know data caps are a major concern and are unnecessary considering the steep decline in internet provisioning and transit costs and the extremely high price (and profitability) providers already get from offering unlimited broadband service.

Expect a notice similar to this in a future cable or telephone company bill.

Cable and phone companies will now need your permission before they can market sensitive private information about you to third parties.

In a 3-2 decision (Democrats in favor, Republicans opposed), the Federal Communications Commission today issued new rules that will limit how providers collect and share information about your location, the websites you visit, and the subjects you are interested in based on your online travels. Broadband providers will have to get explicit approval from their customers before they can trade or sell information they have gathered. Providers will still be able to sell your name and address to advertisers, as long as they offer a provision allowing customers to opt-out of shared marketing.

The FCC’s decision has major implications for providers’ future revenue from lucrative targeted advertising. For that reason, and others, providers were angered by the new restrictions, particularly because they don’t apply to content providers like Google, which was largely built on revenue from targeted web advertising. Consumers can avoid using Google and its services, but they cannot avoid their broadband provider, which may be why the FCC targeted the privacy measures on those selling broadband instead of those pushing web content.

Wheeler

“It is the consumer’s information. How it is to be used should be the consumers’ choice, not the choice of some corporate algorithm,” said FCC chairman Thomas Wheeler.

The two Republicans on the Commission immediately attacked the privacy protections as unnecessary, echoing the sentiments of the cable and phone companies.

Commissioner Michael O’Reilly warned broadband providers could still buy the information they would have collected themselves, and as a result, prices will rise for consumers. Commissioner Ajit Pai accused the Democrats on the Commission of “corporate favoritism” towards Google.

Here are the full details about the new privacy policies:

The rules separate the use and sharing of information into three categories and include clear guidance for both ISPs and customers about the transparency, choice and security requirements for customers’ personal information:

• Opt-in: ISPs are required to obtain affirmative “opt-in” consent from consumers to use and share sensitive information. The rules specify categories of information that are considered sensitive, which include precise geo-location, financial information, health information, children’s information, social security numbers, web browsing history, app usage history and the content of communications.
• Opt-out: ISPs would be allowed to use and share non-sensitive information unless a customer “opts-out.” All other individually identifiable customer information – for example, email address or service tier information – would be considered non-sensitive and the use and sharing of that information would be subject to opt-out consent, consistent with consumer expectations.
• Exceptions to consent requirements: Customer consent is inferred for certain purposes specified in the statute, including the provision of broadband service or billing and collection. For the use of this information, no additional customer consent is required beyond the creation of the customer-ISP relationship.

In addition, the rules include:

• Transparency requirements that require ISPs to provide customers with clear, conspicuous and persistent notice about the information they collect, how it may be used and with whom it may be shared, as well as how customers can change their privacy preferences;
• A requirement that broadband providers engage in reasonable data security practices and guidelines on steps ISPs should consider taking, such as implementing relevant industry best practices, providing appropriate oversight of security practices, implementing robust customer authentication tools, and proper disposal of data consistent with FTC best practices and the Consumer Privacy Bill of Rights.
• Common-sense data breach notification requirements to encourage ISPs to protect the confidentiality of customer data, and to give consumers and law enforcement notice of failures to protect such information.

AT&T made a fortune spying on average Americans and sold what they learned to law enforcement agencies who only needed a paid account to access the data, not a subpoena signed by a judge.

The newest revelations of AT&T’s Project Atmosphere by the Daily Beast sucked the oxygen out of the room from collective gasps of those learning the enormity of private information AT&T is selling to any government agency willing to pay. The first news story about the program came in a 2013 New York Times report. But new evidence suggests AT&T’s project may represent the most extensive private surveillance program ever uncovered.

“The for-profit spying program that these documents detail is more terrifying than the illegal NSA surveillance programs that Edward Snowden exposed… If companies are allowed to operate in this manner without repercussions, our democracy has no future,” Evan Greer, campaign director at Fight for the Future, told Newsweek.

AT&T stores details for every call, text message, Skype chat, or any other form of communication that passes through its infrastructure, and has kept that data as far back as 1987, according to the Times 2013 Hemisphere report. The scope and length of the collection has accumulated trillions of records and is believed to be larger than any phone record database collected by the NSA under the Patriot Act.

AT&T’s Hemisphere program operates in the shadows and does not require compliance with the kinds of federal privacy laws and constitutional protections required to be honored by the nation’s law enforcement agencies. AT&T’s database allows anyone with a procedural administrative warrant (no judge’s signature required) to search through trillions of call records and obtain precise cellular location data to discover where a person is located, who he speaks to, and often why.

A suspect claiming to be in one location at the time of a crime can be challenged when AT&T’s data reveals a subject’s cell phone was actually located somewhere else. If a prosecutor wants to know who a suspect has called for the last five years, he can order a report from AT&T showing every call, every number dialed, how long the call lasted, and details about the person called (and who they, in turn, called).

Privacy advocates call the revelations “chilling” and claim AT&T goes well beyond the kind of surveillance practiced by federal government agencies revealed by Edward Snowden.

AT&T customers have it worst, because the company has direct access to any type of communication made over AT&T’s network. But customers of other telecommunications companies are also affected because communications regularly travel over networks owned and operated by AT&T. The spying program involves cell phone lines, landlines, and internet connections.

The secretive project also turns out to be extremely profitable for AT&T.

Spying is profitable.

“AT&T customers are outraged but this affects everyone,” Greer told Newsweek. “AT&T went far beyond complying with legal government requests and actually built a powerful data mining product to sell our private information to as many government agencies and police departments as they could.”

Taxpayers cover almost all the costs because AT&T Hemisphere clients are government agencies. Small rural police departments pay at least $100,000 for access to AT&T’s data, but significant-sized suburbs and cities can pay AT&T well into the millions.

The 2013 Times report mischaracterized AT&T’s effort as a “partnership” between AT&T and the U.S. government. The Obama Administration’s Justice Department defended AT&T’s efforts calling Hemisphere “an essential, and prudently deployed, counter-narcotics tool.”

But the Justice Department may have been smoking some of the contraband they seized when they made that claim, because this week’s revelations show the program was used for far more than fighting the War on Drugs. Law enforcement agencies have accessed AT&T’s database as part of investigations of everything from Medicaid fraud to homicide.

AT&T’s pay-per-spy program was developed independent of law enforcement agencies and was designed, packaged, and marketed to make AT&T a fortune from American taxpayers. It has raked in millions of dollars annually, according to the Daily Beast.

No pesky warrants are required, only a solemn promise to keep Hemisphere a secret if an investigation that uses the data ever becomes public. AT&T specifically engineered an “end run” that may ultimately prove illegal because law enforcement agencies may have created phony or misleading evidence to cover up for AT&T:

But those charged with a crime are entitled to know the evidence against them come trial. Adam Schwartz, staff attorney for activist group Electronic Frontier Foundation, said that means AT&T may leave investigators no choice but to construct a false investigative narrative to hide how they use Hemisphere if they plan to prosecute anyone.

Once AT&T provides a lead through Hemisphere, then investigators use routine police work, like getting a court order for a wiretap or following a suspect around, to provide the same evidence for the purpose of prosecution. This is known as “parallel construction.”

“This document here is striking,” Schwartz told The Daily Beast. “I’ve seen documents produced by the government regarding Hemisphere, but this is the first time I’ve seen an AT&T document which requires parallel construction in a service to government. It’s very troubling and not the way law enforcement should work in this country.”

The federal government reimburses municipalities for the expense of Hemisphere through the same grant program that is blamed for police militarization by paying for military gear like Bearcat vehicles.

AT&T isn’t feeling threatened by this week’s revelations or their implications, releasing a lukewarm statement implying Hemisphere is just a way for AT&T to efficiently respond to law enforcement subpoenas:

“Like other communications companies, if a government agency seeks customer call records through a subpoena, court order or other mandatory legal process, we are required by law to provide this non-content information, such as the phone numbers and the date and time of calls.”

AT&T is being misleading, according to ACLU technology policy analyst Christopher Soghoian.

“They say they only cooperate with law enforcement as required, and frankly, that’s offensive when they are mining the data of millions of innocent people, and really built a business and services around the needs of law enforcement,” Soghoian told the Daily Beast.