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Man Who Says Comcast Got Him Fired From Job Now Seeking $5 Million In Damages for Invasion of Privacy

Phillip Dampier March 31, 2015 Comcast/Xfinity, Consumer News, Public Policy & Gov't Comments Off on Man Who Says Comcast Got Him Fired From Job Now Seeking $5 Million In Damages for Invasion of Privacy

Comcast-LogoAfter Comcast customer Conal O’Rourke spent more than a year trying to get the cable company to stop overbilling him, Comcast allegedly got their revenge by having O’Rourke fired from his job at PriceWaterhouseCoopers, which just so happened to count Comcast as an important client.

O’Rourke sued Comcast after the company allegedly complained about O’Rourke’s persistence to his boss at the accounting firm. After months of discovery motions surrounding the lawsuit, O’Rourke’s legal team has amended their complaint to add a seventh cause of action — invasion of privacy — after Comcast’s damage control efforts exposed private conversations between O’Rourke and Comcast customer service representatives.

The Consumerist was the first to tell O’Rourke’s story, and it has now learned Comcast allegedly recorded and used O’Rourke’s private conversations with the cable company to further disparage O’Rourke to protect its own image. His attorneys are now asking for additional damages, up from the original $1 million to more than $5 million:

After Conal filed suit, Comcast released a statement to Consumerist and others, explaining that, “As part of this investigation, we have listened to recorded calls between Mr. O’Rourke and our customer service representatives and his treatment of them and his language is totally unspeakable.”

This statement and description of the customer service calls goes too far, says Conal in the revised lawsuit.

“The recorded customer service telephone calls between Mr. O’Rourke and Comcast are private, and are not the subjects of legitimate public concern,” reads the amended complaint. “Comcast’s public disclosure of the existence and nature of Mr. O’Rourke’s private calls to Comcast customer service – which disclosure falsely portrays Mr. O’Rourke as an individual lacking in decency, ethics and integrity – is offensive and objectionable to a reasonable person of ordinary sensibilities.”

The lawsuit claims that “Comcast’s conduct towards Mr. O’Rourke was wanton, willful and intentional, and committed with malicious intent.”

Comcast apparently intends to drag the case out in court, potentially for years.

“That’s how long hard-fought federal lawsuits are taking in this district these days, and Comcast will be opposing it hard,” Conal’s lawyer Harmeet K. Dhillon told Ars Technica. “I can’t say on the record why it didn’t settle, but you can see from Comcast’s public statements that they want to be ‘vindicated.’”

“Free State Foundation” Sock Puppetry: Big Telecom Front Group Hosts Net Neutrality Bashing Session

Walden

Walden

When a group advocating broad-based deregulation and less government suddenly takes a laser-focused, almost obsessive interest in a subject like Internet Net Neutrality, it rarely happens for free.

Randolph May’s Free State Foundation claims to be a non-profit, nonpartisan think tank to promote the free market, limited government, and rule of law principles. But in fact it primarily promotes the corporate interests of some of the group’s biggest financial backers, which include the wireless and cable industry.

Rep. Greg Walden (R-Ore.), no stranger to big checks from cable companies himself, was in friendly territory at the group’s annual Telecom Policy Conference, a largely consumer-free affair, where he served as keynote speaker. Walden used the occasion to announce a solution to the Net Neutrality problem — defunding the FCC sufficiently to make sure it can never enforce the policy.

Walden, ignoring four million Americans who submitted comments almost entirely in favor of Net Neutrality, said the idea of the FCC overseeing an open and free Internet represented “regulatory overreach that will hurt consumers.”

Big Telecom Funded

Big Telecom Funded

Walden serves as chairman of the House Subcommittee on Communications and Technology. Walden told the audience he will be spending his time in Congress taking a hard look at the FCC, its budget request, and its policies after Net Neutrality became official FCC policy. Walden’s plans to punish the agency include a limit on FCC appropriations, making enforcement of Net Neutrality more difficult, if not impossible. Longer term, he hopes to bleed the agency dry by depriving it of resources to manage its regulatory mandate.

Walden’s third largest contributor is Comcast. He also receives significant financial support from the American Cable Association and Cox Cable. He spoke to a group that depends heavily on contributions from the same telecom industry Walden’s campaign coffer does.

According to tax filings by two cable and wireless lobbying groups, the Free State Foundation has cashed almost a half a million dollars in checks written by the groups in the last five years. The National Cable and Telecommunications Association (NCTA) paid FSF $280,000. The wireless lobby, represented by CTIA-The Wireless Association, managed $213,000 in contributions. These two groups are likely among FSF’s most substantial donors.

In 2012, Free State Foundation reported a total of $797,500 in contributions. After Stop the Cap! and other groups began reporting on the connection between the Free State Foundation’s agenda and its Big Telecom sponsors, the group began hiding its donor list. That earned FSF an “F” for donor transparency by PCWorld.

[flv]http://www.phillipdampier.com/video/Free State Foundation Seventh Annual Telecom Policy Conference March 2015.mp4[/flv]

Rep. Greg Walden (R-Ore.) delivered the keynote address at the 7th Annual Telecom Policy Conference of the Free State Foundation. Despite receiving nearly a half million dollars in contributions from the cable and wireless lobbies, the group did not think to invest in a tripod to keep the camera steady. (38:42)

Spain’s Telefónica Junking Copper; Switching Customers to 300/30Mbps Fiber Broadband (And Charging $41/Mo)

Phillip Dampier March 30, 2015 Broadband Speed, Competition, Online Video, Public Policy & Gov't Comments Off on Spain’s Telefónica Junking Copper; Switching Customers to 300/30Mbps Fiber Broadband (And Charging $41/Mo)

telefonicaSpanish telephone company Telefónica knows the days of traditional ADSL broadband are numbered, so the company is junking its copper wire network and upgrading customers to fiber broadband at no extra charge.

Telefónica president Luis Miguel Gilpérez said the upgrade is part of Spain’s march to be the most digital country in Europe. It also establishes a modern broadband platform on which Telefónica can sell its streaming video and pay TV services to the public. The company holds an 85 percent share in the fiber network.

Gilpérez likened the company’s current top-tier of 100Mbps as yesterday’s news.

“It appears that 100Mbps falls short and customers demand more speed, so the company is looking to develop these services [with] an increase in speed,” Gilpérez told El País.

Spain already has 10.3 million households connected to fiber. Telefónica hopes to reach an additional 3.6 million homes this year, but is threatening to cut its investment if it is forced to share its fiber network with competitors.

Telefónica is already required by Spanish regulators to open its copper network to competing ISPs at a regulated wholesale price. The Comisión Nacional de los Mercados y la Competencia (CNMC), the Spanish trade and competition regulator, is currently proposing to extend open access to Telefónica’s fiber network as well.

At present, the telephone company faces competition from Vodafone/Ono, Jazztel and Orange, which all offer up to 200Mbps speeds. Most expect competitors will boost speeds to match or exceed Telefónica’s new speed offer.

Incumbent Cable, Phone Companies Will Tighten Bundle Pricing to Battle Cord-Cutting

Phillip Dampier March 26, 2015 Competition, Consumer News, Data Caps, Online Video 6 Comments
triple play

A typical promotional offer from Comcast for a bundle of broadband, TV and phone service.

Cable and phone companies will continue to raise the price of broadband-only service while also increasing the value proposition of bundled packages of broadband, television, and phone service to keep customers from cutting the cable television cord.

For at least four years, cable companies have refocused rate increases and fees on Internet access, especially for broadband-only customers. At the same time, cable-TV rate hikes are easing, especially for customers subscribed to two or more services. Today, customers face prices as high as $67 a month for standalone Internet service. But that price can drop in half if customers bundle broadband with television and phone service. Most triple play promotions in markets where AT&T U-verse and Verizon FiOS compete can be as low as $90 a month. In less competitive markets, a similar promotion often costs $99-119 a month.

Recent research by Sanford Bernstein reveals these pricing strategies are not happening by accident.

Media analyst Todd Juenger recently held his second cord-cutting focus group in Comcast-dominant San Francisco and found some of those most likely to cancel cable television decided to keep their Comcast bundle after they discovered the cable company charges $66.95 a month for Internet-only service, excluding the modem rental fee. For $10 more per month during the first year, customers can get that same 25Mbps broadband service bundled with 140 TV channels. Assuming the customer doesn’t protest the subsequent rate increase beginning a year later, that rate will eventually reset to $136.90 a month. But price-sensitive customers who complain often avoid any rate increase at all.

Juenger’s focus group surveyed 18 men and women in the age group most likely to drop cable television – 21-38 year-olds. Despite their love for Netflix, Hulu, Amazon, and other online video services, the participants broadly recognized the cable/telco bundle now delivers a better value proposition and as long as cable and phone companies continue to price up standalone Internet service, many will choose to stay with the company they hate and not try to cobble together a comparable package of broadband and television service from other providers.

cablecord“Hence, we remain cautiously optimistic that cord-cutting, in large numbers, isn’t likely to happen,” Juenger wrote his clients. “It’s one of those ideas that sounds great in the abstract but crumbles when faced with the reality.”

As cable television pricing continues to exceed many household budgets, providers are seeking new customers that can afford cable TV but choose not to subscribe. One of their primary targets: broadband-only customers and cord-nevers who might be persuaded to add cable television at a starting price of $10-20 above what they pay for broadband service. That price is less than what Sling TV or PlayStation Vue charges for far fewer channels.

The challenge competing online video providers face is finding a compelling limited channel lineup that will appeal to all-comers. Although the average cable subscriber generally watches fewer than a dozen cable channels regularly, not having access to one or more of those favored channels is a deal-breaker for many.

Juenger’s focus group was most open to a hypothetical a-la-carte package of any 10 customer-chosen channels for $20 a month. But Juenger reminded his investor clients no such package currently exists and probably never will.

“Simply put, for existing pay-tv subs, the content [available to Sling or View customers] is too limited (relative to the cost savings); and for cord-nevers, the price is too high (relative to the appeal of the content),” Juenger wrote.

But Juenger did warn that customers are enthusiastic about sticking it to their current provider, if they can get the programming they want. That could make some programmers, especially broadcast stations and networks, more vulnerable to revenue loss. If a company can reliably offer a variety of theme-based slimmed down cable packages coupled with an effective and seamless over-the-air antenna, no retransmission fees would be paid to over-the-air stations and networks.

If the bundled package pricing argument doesn’t work with cord-cutters, the broadband usage cap probably will. Customers will quickly learn they can eat through their monthly Internet usage allowance watching live television online, or avoid that prospect by subscribing to cable TV, which offers unlimited viewing.

Time Warner Cable Restoring Service in Parts of SE Texas Nine Years After Hurricane Rita

Phillip Dampier March 26, 2015 Competition, Consumer News, Data Caps 13 Comments
The Golden Triangle of southeastern Texas encompasses the cities of Orange to the east, Port Arthur to the south, and Beaumont to the west.

The Golden Triangle of southeastern Texas encompasses the cities of Orange to the east, Port Arthur to the south, and Beaumont to the west.

Nine years after Hurricane Rita swamped parts of the Golden Triangle region of southeastern Texas, Time Warner Cable is finally getting around to restoring service to parts of Orange County that haven’t had cable broadband since 2005.

A warm spring has allowed crews to start construction to parts of Orange County affected by the storm that wreaked havoc on the area nearly a month after Hurricane Katrina struck New Orleans. Although some properties were severely damaged by the hurricane, other utilities restored service to the area years ago. Time Warner Cable is the last, and it cannot come soon enough for Chelsey Walters.

The Orange, Tex. resident is forced to get usage-capped DSL broadband from AT&T, and her last monthly bill reached over $750.

“Both of my car notes are less than that and even with our Internet you cannot do anything because it drops and there are times when it does not work,” Walters told KBMT-TV in Beaumont. “When we first moved out there, they (Time Warner) came out and ran all the cables in my house, then called us and said – oh we do not service that area.”

The construction schedule for Orange County, Tex.:

  • Hwy. 105 East on Hwy. 62 to Caribou Ln. is forecast to be serviceable by the middle of May
  • From Woodcock St. to Michell Rd. is forecast to be serviceable by the middle of May
  • On Hwy. 62 from S. Meadow Dr. to Egan Dr. is forecast to be serviceable by the middle of May
  • On Tulane Rd. from Hwy. 62 to Burton Dr. is forecast to be serviceable by the middle of June
  • On Tulane Rd. from Burton Dr. to Old Hwy. 90 is scheduled to be on by the middle of June
  • On Old Hwy. 90 from Tulane Rd. to E. Wood Fern St. is forecast to be serviceable by the end of June
  • I-10 west from Med Davis Rd. to N. Lewis Dr. is forecast to be serviceable by the first of July
  • I-10 West from Naquin Rd. to Peru Rd. is forecast to be serviceable by the first of July
  • From Moss Ln. to Hartzog Rd. is forecast to be serviceable by the first of August

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