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Verizon Wireless Arrives in Alaska; Helps Drive Alaska Communications Out of the Wireless Business

acs logoWhen Verizon Wireless finally fired up its network in Alaska in September of 2014, the writing was on the wall for at least one of Alaska’s homegrown wireless competitors.

Faced with competing against Verizon’s $115 million, state-of-the-art advanced LTE network that already supports new features like Voice over LTE (far ahead of what many customers in the lower 48 states get) Alaska Communications System Group, Inc., decided it was time to sell.

An ACS and GCI-shared cell tower. (Photo: Rosemarie Alexander)

An ACS and GCI-shared cell tower. (Photo: Rosemarie Alexander)

ACS’ 109,000 wireless customers won’t be going far. The buyer, General Communications, Inc., (GCI) is a co-investor in the Alaska Wireless Network that ACS also relies on to offer wireless service. Besides billing and rate plans, most ACS customers won’t notice much of a change after the $300 million sale is complete during the first quarter of this year. GCI will end up with about 253,000 customers after the transaction is finished, which represents about one-third of the Alaskan wireless marketplace. The sale will mean most Alaskans will have a practical choice of three major wireless carriers — AT&T, Verizon Wireless, and GCI.

ACS, weighed down by debt, wanted out of the wireless business because it has proven expensive to support a network serving a high-cost, low margin state like Alaska, where small communities are often far apart. Serving cities like Fairbanks and Juneau is one thing. Serving hundreds of settlements like Meyers Chuck (pop. 21) or towns like Unalakleet (pop. 688) is another.

Like many traditional rural or independent telephone companies, ACS sees gold in its future focusing on selling lucrative broadband service to residential and business customers, where profit margins often exceed 50 percent. There is plenty of room to grow if ACS invests in network upgrades. ACS currently only has a 20 percent share of Alaska’s broadband market, primarily selling DSL service. GCI, which sells cable broadband, has managed a speed advantage.

Both companies have reassured Wall Street that despite ACS’ renewed focus on broadband, there will be no fierce competition, no price wars, or lower prices for consumers. ACS will devote considerable resources into bolstering its business broadband marketing and has already secured contracts with the state government and a regional health consortium.

Despite the $300 million windfall, ACS plans to turn most of that money towards paying off its debts and possibly reinstating a dividend payout program for shareholders. The company is expected to only spend $35 million to $40 million annually on capital investment projects and executives promise they will only open their wallet for projects that guarantee a high return on that investment. As a result, ACS will likely not spend much on rural broadband expansion.

California County Goes to War with Frontier Communications; Calls Company Officials ‘Liars’

Phillip Dampier January 7, 2015 Frontier, HissyFitWatch, Public Policy & Gov't 4 Comments
Greenville, Calif. is in Plumas County.

Greenville, Calif. is in Plumas County.

Frustrated officials in Plumas County, Calif. are at the end of their patience with local phone company Frontier Communications.

“You’re lying to me,” Supervisor Kevin Goss (District 2) told representatives from Frontier Communications in the latest heated exchange.

Goss and other community leaders are upset because Frontier is the company most likely to make or break the county’s beautification efforts by placing utility cables underground in Greenville.

County officials are certain they notified Frontier of their intent to transition to underground service throughout Greenville, with the full support of the area’s other utility, Pacific Gas & Electric.

But Frontier officials are now claiming they can’t find the paperwork and are unwilling to invest in the project. If Frontier will not join PG&E, the utility poles will stay in the ground and the project will be canceled.

“We did search all of our records and didn’t uncover any documentation,” said Charlie Born, the manager of government and external affairs for Frontier.

The project had been on the county’s public agenda since 2008.

Plumas_seal“It’s never going to pencil; it’s whether the company will do what’s right,” argued Board chairman Jon Kennedy.

It was the second heated meeting between Goss and Frontier’s representatives.

Frontier claims it was never notified about the extent of the project, despite sending a letter to county officials dated Oct. 1, 2014 where it acknowledged the project and indicated it was willing to talk, as long as “Frontier is not responsible for any costs.”

In November, Goss testily responded to Frontier’s sudden intransigence to cover its share of the underground project, despite being a part of a joint planning process underway for nearly seven years.

“Basically you don’t have any money?” Goss asked two Frontier representatives during a public hearing in front of the Board of Supervisors on Nov. 4.

Born complained the county was asking Frontier to pay $275,000.

“With 10 working lines, that’s about $27,000 per line,” said Born. “This chunk of money is a hard pill to swallow. We choose to put our money into improving services.”

In November, Goss publicly pondered Frontier’s refusal to invest in the project while finding plenty of money — $10 million — to spend on a high-profile campaign with its satellite partner DISH Network that claimed would “invigorate rural communities.”

The Plumas County News noted Frontier’s America’s Best Communities is a multistage, three-year contest that provides $4 million in seed money and other support to assist communities as they develop growth and revitalization plans. The top three communities will receive a total of $6 million in prize money.

Goss read from a statement written by Frontier CEO Maggie Wilderotter introducing the contest.

“Frontier is committed to the small cities and towns we serve, and one of the best ways to demonstrate that is through our new America’s Best Communities prize competition,” read Goss. “I don’t think she’s very committed when the rug is getting pulled out from under us in our small town. It’s frustrating to me; absolutely frustrating.”

The county is now hoping the California Public Utility Commission will intervene, but that has not happened yet, leaving the project in limbo.

“We’ve had no feedback from the California PUC in regard to our concerns with Frontier not financing,” said Public Works director Bob Perreault. “PG&E is in a holding situation and is supportive of the county.”

AT&T to Federal Trade Commission: Our Speed Throttling is None of Your Business

Image courtesy: cobalt123AT&T has asked a federal judge in California to throw out a lawsuit filed by the Federal Trade Commission over wireless speed throttling, claiming the federal regulator has no authority over how AT&T manages its network.

The FTC filed a lawsuit in October 2014 alleging AT&T was throttling the speeds of its grandfathered “unlimited data” customers by as much as 90 percent and failed to sufficiently disclose the practice in violation of the FTC Act.

Although AT&T discloses its network management policies in broad terms deep within its website, the original complaint charges AT&T failed to directly notify customers identified as the ‘heavy unlimited users’ targeted for wireless speed reductions reportedly as low as 56kbps for up to 30 days or more.

AT&T’s lawyers claim the FTC has no jurisdiction to file the lawsuit because a portion of AT&T’s business — cellular voice service — is defined by the Communications Act as a regulated common carrier service by the Federal Communications Commission. The FTC had argued AT&T’s mobile data services are unregulated and do not fall under the FCC’s exclusive jurisdiction.

AT&T’s attorneys argue two apparently contradictory assertions about wireless regulation that both require the court, in AT&T’s view, to dismiss the FTC’s case:

  1. AT&T acknowledges that its mobile data services are not subject to Title II regulatory oversight by the FCC as a common carrier service. Therefore, federal agencies like the FTC have no jurisdiction to interfere in AT&T’s private business decisions on issues like data caps and speed throttling because it is an unregulated service;
  2. AT&T claims the FCC has asserted sweeping authority over wireless services under Section 706 of the Telecommunications Act of 1996. Therefore it should be up to the FCC alone (and not the FTC) to decide the fairness of AT&T’s network management practices. But AT&T doesn’t remind the court this is the same authority that large telecom companies sued into impotence by successfully arguing the FCC exceeded its mandate attempting to assert jurisdiction on data services to enforce concepts such as Net Neutrality and attempting to fine Comcast for throttling peer-to-peer network traffic.

ftcAT&T calls the FTC’s claims it can intervene in services not regulated by the FCC “irrelevant,” arguing once one of AT&T’s services is subject to the FCC’s common carrier regulation, all of its services become untouchable by the FTC.

“The FTC lacks jurisdiction to prosecute this action because AT&T is a common carrier subject to the Communications Act and therefore outside the FTC’s authority under Section 5 of the FTC Act. 15 U.S.C. § 45(a)(2),” argues AT&T. “Indeed, the FTC itself has recognized that, as drafted, the exemption altogether removes common carriers such as AT&T from its jurisdiction and has asked Congress to modify the statute. So far, Congress has refused.”

“But whether AT&T’s network management program is ‘unfair’ and whether its disclosures were ‘inadequate’ are issues for the FCC to decide, and in fact the FCC is in the process of so deciding, just as Congress intended,” AT&T said. “Congress drafted Section 5 to avoid subjecting common carriers like AT&T to precisely this sort of conflicting authority of separate federal agencies over the same conduct.”

Should the FCC find AT&T in violation of its transparency rules, AT&T will have a strong legal case to have that ruling tossed as well on the grounds the agency has no mandate from Congress to regulate mobile data services under Section 706/Title III of the Communications Act — the same case other telecom companies have successfully argued in the D.C. Court of Appeals.

Ironically, AT&T’s apparent regulatory loophole will vanish should the FCC order that broadband services of all kinds be reclassified as Title II telecommunications services as part of the ongoing effort to implement strong Net Neutrality policies.

FCC Introduces New Consumer Complaint Center; Will Forward Your Sad Story… Back to the Cable Company

Phillip Dampier January 6, 2015 Consumer News, Public Policy & Gov't 2 Comments
Lily Tomlin as Ernestine the telephone operator.

Lily Tomlin as Ernestine the telephone operator.

The Federal Communications Commission has mildly beefed up its largely toothless cable complaint hotline with a brand new consumer online complaint center that guarantees to forward submitted angergrams back to your telephone or cable company within one business day.

As Congress largely deregulated cable and competing local telephone exchange carriers and put them out of reach of most federal and state oversight, the FCC has largely been left acting as a concierge – managing and forwarding consumer complaints received on its 1-888-CALL-FCC hotline. Now it has an online complaint center to keep the toll-free number company.

The new FCC website is a one-stop place to file complaints about cable, phone, and other telecom companies and has been simplified to make it easier to understand – a welcome change from the nearly impenetrable Electronic Comment Filing System that dates back to the Clinton Administration.

But in reality, there isn’t much the FCC can actually do to enforce any action in your favor. So if your complaint deals with any of these issues, it is technically outside of the FCC’s jurisdiction:

  • Burial of telephone or cable wires
  • No dial tone to local phone service
  • Stand-alone satellite TV billing, rates and programming
  • Installation of non-bundled service
  • Stand-alone cable TV service, rates and programming (not including basic tier)
  • Internet services, rates, and billing

Despite the limitations, most cable and telephone companies assign executive-level customer service agents and supervisors to manage complaints forwarded from state or federal regulators that could give them headaches later on. That will get you a more empowered representative that can make things happen that “Miss Raisin” in the provider’s Philippines-based call center cannot.

The FCC also gets to track and monitor both the complaints received from consumers and the response from your provider. That can help the FCC identify hot-button issues that need more attention and uncover bad actors that might need special scrutiny, especially if those companies later seek approval for their merger deal or have other business before the FCC.

So far, the largest number of complaints received are about relentless telemarketing robocalls. Since telemarketers have discovered the Federal Trade Commission’s Do Not Call Registry and accompanying enforcement is more “bark” than actual “bite,” an increasing number are ignoring the law with little or no consequences.

The FCC’s disclaimer on such matters does not exactly leave providers quaking in their boots:

We do not resolve individual complaints on these issues. However, the collective data we receive helps us keep a pulse on what consumers are experiencing, may lead to investigations and serves as a deterrent to the companies we regulate.

Comcast Announces 2015 Rate Hikes – Broadcast TV Surcharge More Than Doubles; New Regional Sports Fee

Phillip Dampier January 6, 2015 Comcast/Xfinity, Competition, Consumer News 24 Comments

comcast highwayComcast Internet-only customers looking for speeds up to 100Mbps will pay Comcast an unprecedented $88.95 a month for a package containing the company’s Blast! broadband service with a rented cable modem.

The company has begun informing subscribers of the first of its 2015 rate increases that took effect in some areas on Jan. 1.

“We have worked very hard to hold down price adjustments, and there are no price changes for our Limited Basic ($16.10), Digital Preferred ($85.90) or Internet Essentials ($9.95) services,” said Bob Grove, Comcast’s vice president of public relations. “While we continue making investments in our network and technology to give customers more for their money, including more video across platforms, better experiences like X1 and faster Internet service, we periodically need to adjust prices due to increases we incur in programming, business costs and new technology. On average, nationally, the customer bill will increase by 3.4 percent.”

Some will pay more than others. Here is a sample:

  • Customers with DVR service face a $2 rate hike for the monthly DVR service charge, which now stands at $10 a month;
  • Digital Premier, which includes an assortment of premium movie channels, is rising from $131.75 to $140.35;
  • The hourly service charge for service calls is increasing from $33.80 to $35.80;
  • Each extra cable outlet in your home will cost a one time service fee of $33.20, up from $32.75;
  • Any pre-existing outlet in your home will now be charged a one time activation fee of $22.95, up from $22.05;
  • Service upgrades that require an in-home visit will be charged $28.45, an increase from $26.30;
  • The in-home wiring service protection plan that covers you in case of an inside cable wiring or service deterioration problem will see a price increase of $1 to $4.95 a month. Customers without the plan will now pay $35.80 an hour for service calls.

Cable television customers face an increase of more than 100% for the company’s Broadcast TV surcharge introduced in 2013. In most areas, the fee is rising from $1.50 per month to $3.25. A previously announced $2 increase in modem rental charges will raise the cost of using Comcast-supplied equipment including Comcast’s Gateway to $10 a month.

Comcast is also introducing a new compulsory regional sports network surcharge of $1 a month for all XFINITY TV packages starting with Digital Starter and higher tiers and XFINITY 450 Latino.

Customers with analog-only televisions using a DTA converter box to handle digital cable television channels on these older sets face an even more dramatic price hike. Customers that used to pay as little as $0.50 for Digital Adapter Additional Outlet Service will now pay $2.99 a month.

Premium channels such as HBO have seen price reductions, possibly in response to declining subscriber numbers. HBO drops to $15 a month and all other premiums decrease to $12 a month.

Comcast customers looking for the biggest bang for their buck should consider bundled service packages which discount Internet, television, and telephone service. Current customers should also consider letting Comcast know they are shopping the competition for a better deal. Ask them to lower your rates if they want you to stay.

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