AT&T CEO Randall Stephenson’s public hissy fit against the Obama Administration’s sudden backbone on Net Neutrality may complicate AT&T’s plans to win approval of its merger with DirecTV. forcing AT&T to retract threats to suspend fiber buildouts if the administration moves forward with its efforts to ban Internet fast lanes.

Hours after Stephenson told investors AT&T wouldn’t continue with plans to bring U-verse with GigaPower fiber broadband to more cities as long as Net Neutrality was on the agenda, the FCC requested clarification about exactly what AT&T and its CEO was planning. More importantly, it noted responses would become part of the record in its consideration of AT&T’s proposed acquisition of the satellite television provider. The regulator could not send a clearer message that Stephenson’s statements could affect the company’s $48.5 billion merger deal.

AT&T responded – four days after the FCC’s deadline – in a three-page letter with a heavily redacted attachment that basically told the Commission it misunderstood AT&T’s true intentions:

The premise of the Commission’s November 14 Letter is incorrect. AT&T is not limiting our FTTP deployment to 2 million homes. To the contrary, AT&T still plans to complete the major initiative we announced in April to expand our ultra-fast GigaPower fiber network in 25 major metropolitan areas nationwide, including 21 new major metropolitan areas. In addition, as AT&T has described to the Commission in this proceeding, the synergies created by our DIRECTV transaction will allow us to extend our GigaPower service to at least 2 million additional customer locations, beyond those announced in April, within four years after close.

Although AT&T is willing to say it will deliver improved broadband to at least “15 million customer locations, mostly in rural areas,” it is also continuing its fiber shell game with the FCC by not specifying exactly how many of those customers will receive fiber broadband, how many will receive an incremental speed upgrade to their existing U-verse fiber/copper service, or not get fiber at all. AT&T routinely promises upgrades using a mix of technologies “such as” fiber to the home and fixed wireless, part of AT&T’s broader agenda to abandon its rural landline service and force customers to a much costlier and less reliable wireless data connection. It isn’t willing to tell the public who will win fiber upgrades and who will be forced off DSL in favor of AT&T’s enormously profitable wireless service.

Your right to know… undelivered. AT&T redacted information about its specific fiber plans.

Fun Fact: AT&T is cutting its investment in network upgrades by $3 billion in 2015 and plans a budget of $18 billion for capex investments across the entire company in 2015 — almost three times less than what AT&T is ready to spend just to acquire DirecTV.

The FCC was provided a market-by-market breakdown of how many customers currently get U-verse over AT&T’s fiber/copper “fiber to the neighborhood” network and those already getting fiber straight to the home. But this does not tell the FCC how many homes and businesses AT&T intends to wire for GigaPower — its gigabit speed network that requires fiber to the premises. Indeed, AT&T would only disclose how many homes and businesses it plans to provide with traditional U-verse using a combination of fiber and copper wiring — an inferior technology not capable of the speeds AT&T repeatedly touts in its press releases.

That has all the makings of an AT&T Fiber Snow Job only Buffalo could love.

AT&T also complained about the Obama Administration’s efforts to spoil AT&T’s fast lane Money Party:

At the same time, President Obama’s proposal in early November to regulate the entire Internet under rules from the 1930s injects significant uncertainty into the economics underlying our investment decisions. While we have reiterated that we will stand by the commitments described above, this uncertainty makes it prudent to pause consideration of any further investments – beyond those discussed above – to bring advanced broadband networks to even more customer locations, including additional upgrades of existing DSL and IPDSL lines, that might be feasible in the future under a more stable and predictable regulatory regime. To be clear, AT&T has not stated that the President’s proposal would render all of these locations unprofitable. Rather, AT&T simply cannot evaluate additional investment beyond its existing commitments until the regulatory treatment of broadband service is clarified.

AT&T’s too-cute-by-half ‘1930s era regulation’ talking point, also echoed by its financially tethered minions in the dollar-a-holler sock-puppet sector, suggests the Obama Administration is seeking to regulate AT&T as a monopoly provider. Except the Obama Administration is proposing nothing of the sort. The FCC should give AT&T’s comments the same weight it should give its fiber commitments — treat them as suspect at best. As we’ve written repeatedly, AT&T’s fabulous fiber future looks splendid on paper, but without evidence of spending sufficient to pay for it, AT&T’s piece of work should be filed under fiction.

Austin residents will receive Google Fiber service under three rate plans: $70 for 1,000/1,000Mbps or 5/1Mbps at no charge after paying a $300 construction fee. A package including television costs $130 a month.

Google Fiber announced its prices this week in anticipation of a December launch in the capital city of Texas. But Google Fiber will arrive with at least two competitors beating them to the gigabit space: Grande Communications and AT&T.

Austin is the first city in the country to have three concurrent gigabit providers. Only Time Warner Cable has elected to sit out the city’s gigabit broadband fight. Google Fiber is expected to face stiffer competition in Austin than in Kansas City and Provo, where it also operates gigabit fiber networks. AT&T U-verse with GigaPower matches Google’s $70 price and San Marcos-based Grande Communications beats it, charging $64.99 for its 1,000Mbps service.

Google is sweetening the deal by converting the former home of a children’s museum into a “Fiber Space,” a community center at 201 Colorado Street – hosting concerts, community meetings, and clubs, in addition to showcasing Google’s fiber network.

As with AT&T’s gigabit U-verse upgrade, only a limited number of residents in Austin will initially be able to get the new fiber service. Google is initially lighting up areas in south and southeastern Austin. For some, the wait to eventually sign up could take up to several years as Google slowly builds out its network in the city of 885,000 people.

Although it is unlikely to rival Starbucks, Comcast has launched a significant number of store openings in eastern Pennsylvania and New Jersey to handle customer support, bill payments, and equipment exchanges.

Last week the cable company held a special reception to open its 4,000-square foot Xfinity Store in the Roosevelt Mall in northeastern Philadelphia.

The small format stores will resemble the kinds of small stores wireless companies like AT&T and Verizon run to handle customer issues and put the latest equipment on display.

Comcast now operates more than 500 stores nationwide and in October announced it would accept walk in equipment returns at any of the 4,400 UPS Stores. Customers will be able to return unwrapped/unboxed equipment at no charge just by dropping it off.

Comcast has been notorious for its understaffed customer care centers that often force customers to stand in long lines, sometimes extending out the door.

Marcus

Time Warner Cable CEO Robert D. Marcus is a winner if he stays CEO of an independent Time Warner Cable or an even bigger winner if his efforts to sell the company to Comcast are eventually successful with regulators.

Marcus will enjoy a Thanksgiving holiday with his money — including an extra $2,272,320 he just won from a sale of 16,000 awarded shares of Time Warner Cable stock, sold at an average price of $142.02 a share on the open market.

He still has plenty of Time Warner Cable stock left — 61,281 shares worth nearly $9 million. If Time Warner Cable is ultimately sold to Comcast as he hopes, Marcus will walk away from the company after less than one year as its CEO with a golden parachute package worth at least $80 million.

A Nashville web developer who signed up for usage-cap exempted Business Class service in one of Comcast’s usage-based billing trial cities received a bill for nearly $3,000 in early termination fees after he was unable to transfer his Comcast Internet service to his new address.

Adrian Fraim followed the lead of other savvy Comcast customers who have managed to avoid the company’s usage caps by signing up for cap-free Business Class service. For years, Comcast has offered small businesses a commercial service for only slightly more than residential service, without any usage limits. But any customer is free to sign up.

Fraim thought he was getting a good deal and was happy with his broadband service, but Comcast took him to school when he tried to move service from Antioch to his new address in Clarksville, which he later discovered was outside of Comcast’s service area. The cable company treated his move as a violation of his three-year service contract and billed him an early termination fee of $2,789.

“I was just blown away,” Fraim told WSMV-TV. “That’s way too much money for somebody like me to be able to pay. They kept telling me the same thing, ‘you’re under contract, that’s what the contract says.'”

Only Fraim has never seen a printed Comcast contract. The company only offers its general service agreement and acceptable use policy online and it implies commercial customers are under a one-year contract.

In fact, Comcast’s terms require early-canceling customers to pay 75% of the amount they would have paid on their monthly bill under contract and 100% of any waived custom installation fees. A customer with a $100/mo broadband bill would owe a termination fee of $75 a month for each of up to 36 months of service.

“I didn’t think that was fair, to pay an early termination fee, because I wanted to keep their service,” Fraim said. “And due to them not offering it in my area, I feel like I was being punished because they don’t offer the service here.”

Comcast didn’t seem to care about Fraim’s predicament until reporters called the cable company.

Faced with the prospect of leading the local evening news, Comcast turned Fraim’s frown upside down and finally relented.

Spokesman Alex Horwitz said Comcast does have early termination fees, but because of the extenuating circumstances, “the new location is not serviceable by Comcast,” they will waive the fee.

Comcast has not modified its contract to offer that “get out of penalty jail free”-card to other customers, so be certain to carefully consider the term length of your contract and be sure you have no plans to move outside of a Comcast service area before signing it, unless you have very deep pockets.

[flv]http://www.phillipdampier.com/video/WSMV Nashville Man questions 3000 Comcast bill 11-17-14.mp4[/flv]

WSMV talks with Nashville web developer Adrian Fraim who discovered a nasty surprise when he moved outside of Comcast’s service area – a $2.789 early termination fee. (2:08)