AT&T has lost a case it appealed all the way to the U.S. Supreme Court to win favorable tax treatment for income it received from the Universal Service Fund program, designed to help underwrite the costs of providing rural telephone service.

AT&T was seeking a $500 million income tax refund on its 1998 and 1999 federal taxes from money the government provided AT&T.

Federal tax law requires phone companies to treat the USF revenue as income, subject to regular taxation.  AT&T argued the money was actually a “contribution to capital,” which would have substantially reduced the company’s tax burden.  Contribution to capital, as a concept, has been the subject of several corporate lawsuits over the years.  The genesis of court challenges comes from a 1925 case — Edwards v. Cuba Railroad Co., that held government subsidies provided to induce the construction of facilities and provision of service were not taxable income within the meaning of the Sixteenth Amendment.

AT&T believed that USF funding subsidized the delivery of phone service, so it cannot be considered taxable income.

The U.S. Supreme Court disagreed.  The justices elected to leave intact a lower court ruling that threw AT&T’s arguments aside.

Considering the long history of court losses for other corporate entities who have argued similar cases all the way back to the 1950s, the decision should not come as a surprise to the phone company, and AT&T’s reaction was muted.

“We are disappointed with the Supreme Court’s decision,” the company said in a statement. “However, AT&T does not expect any impact to our financial statements.”

The case is AT&T v. United States, 10-1204.

While most rural telephone companies are selling customers 1-3Mbps copper-delivered DSL service, Alcatel Lucent has announced the commercial availability of VDSL 2 Vectoring, a new way of delivering up to 100Mbps over the copper wire telephone network most rural North Americans still depend on for telecommunications service.

VDSL2 combines a fiber-copper hybrid network similar to Bell’s Fibe or AT&T’s U-verse, with interference-cancelling technology called “vectoring” to deliver speeds much closer to the 100Mbps theoretical limit of current DSL technology.

“Alcatel-Lucent’s plan to make VDSL2 vectoring commercially available is very timely,” said Rob Gallagher, Principal Analyst, Head of Broadband & TV Research, Informa.  “VDSL2 Vectoring promises to bring speeds of 100Mbps and beyond to advanced copper/fiber hybrid networks and make super fast broadband speeds available to many more people, much faster than many in the industry had thought possible.”

A new way to boost copper speeds even faster.

Different flavors of DSL are currently in use around North America and beyond.  The most basic form, ADSL, also happens to be the most commonplace among phone companies offering basic broadband service.  For customers up to 12,000 feet away from a phone company central office, DSL delivers speeds usually at 1Mbps or faster.  Customers enjoying the fastest speeds must live much closer to the phone company facilities.  The further away you live, the slower your broadband speed.  In rural areas, consumers can live further away than the maximum distance of the central office, which means no DSL service for those subscribers.

A combination of signal loss and interference, called “crosstalk,” from adjacent copper wire pairs are both the enemies of DSL broadband, because they can drastically reduce speeds.

Telephone companies can address this problem by building new satellite central offices located halfway between customers and their primary facilities.  These offices, usually connected by fiber, can successfully reduce the amount of copper wire between the customer and the company, boosting speeds.  Many phone companies also deploy DSL extensions called D-SLAMs, which can be attached to a phone pole or enclosed in a metal box by the roadside.  A fiber cable connects the D-SLAM back to the phone company, while existing copper phone wires go back to individual subscribers.

More modern forms of DSL: ADSL2, ADSL2+, and VDSL, share some of those concepts.  The key is cutting as much copper wire out of the network as possible, replacing it with fiber optic cable which does not suffer signal loss or interference in the same way.

Many European and Pacific broadband networks rely on ADSL2/2+, which can usually deliver reliable speeds in the 20Mbps range.  VDSL networks offer even more bandwidth, and are the basis of U-verse and Fibe, which split up broadband, phone service, and television on the same cable.  When customers demand even faster speeds, phone companies can “bond” several individual DSL connections together to deliver faster speeds.  Some traditional ADSL providers do that today for their customers, especially in areas where low speeds prevail.

An argument the phone company will love.

Alcatel Lucent says VDSL2 with Vectoring is the next best thing to fiber to the home, because it is cheaper to deploy with fewer headaches from local authorities when streets and yards are dug up for fiber cable replacements.  It also meets the growing speed needs of average consumers.  Alcatel Lucent predicts the minimum speed North Americans will need to support the next generation of online video is 50Mbps, more than 10 times the speed phone companies like Verizon, AT&T, Frontier, and CenturyLink provide over their traditional DSL networks, especially in rural and suburban areas.

Vectoring can deliver results for phone companies with aging copper wire infrastructure, more prone to crosstalk and other signal anomalies.  Alcatel Lucent compares vectoring with noise-cancellation headphones.  By sampling the current noise conditions on copper cable networks, vectoring can suppress the impact of the interference, boosting speeds and delivering more reliable results.

With technologies like VDSL2 with Vectoring promising speeds far faster than what rural North Americans currently enjoy, the Federal Communications Commission may want to re-evaluate its national minimum speed standard for broadband — 3-4Mbps — found in its National Broadband Plan.  Alcatel Lucent promises they can do much better.

[flv width=”640″ height=”324″]http://www.phillipdampier.com/video/Alcatel Lucent VDSL2.flv[/flv]

Alcatel Lucent produced this video to promote its new VDSL2 with Vectoring technology.  The video targets cost-conscious phone companies who are being pressured to deliver faster service, but don’t want to spend the money on a fiber to the home network.  (6 minutes)

Courtesy 9 to 5 Mac

AT&T has begun sending out warnings to wireless customers deemed to be using too much of their “unlimited data plans” and are now subject to speed throttling that will reduce their wireless Internet experience to one more familiar for dial-up users.

Life in the slow lane is the price AT&T customers pay for being a member of the Top 5% Data User Club.  Running the numbers, that means using more than around 4GB of wireless usage per month.  One customer who managed to rack up 11GB in September, even before the new speed throttle plan took effect Oct. 1, has already found himself in the speed reduction doghouse with a warning message he received Sept. 29.

Although the customer did not reveal what he was doing to achieve 11GB of usage in one month, the two most common ways to run up usage are watching a lot of streamed video or using your phone to tether to other wireless devices, especially laptops.  Some wireless customers are attempting to use their unlimited data plans as a home broadband replacement, especially in rural areas where cable or DSL service is not available.  That’s an option AT&T doesn’t seem to want customers to consider.

In addition to eliminating unlimited use plans for new customers more than a year ago, the company has increasingly cracked down on existing customers grandfathered into unlimited use plans.  In addition to banning third party tethering apps, AT&T is now simply reducing speeds for heavy users to make high bandwidth applications like video and even some forms of streaming audio impossible when residing in the penalty box.

But don’t worry: you can still use your data plan to read e-mail or browse simple web pages.  The company also advises customers can use unlimited amounts of Wi-Fi, whether they provide it or not.

The network envisioned with the help of a $30 million federal broadband grant, now in jeopardy.

A consortium of 15 rural north Florida counties awarded a $30 million federal broadband grant to provide a “middle-mile” wireless broadband network for the region has spent almost $7 million of its federal grant on consultants, design engineers, land acquisition and staffing without breaking ground on a single construction project.

In February 2010, the Obama Administration announced the broadband grant to deliver rural Florida residents a way to finally obtain high-speed access to the Internet within three years.  Now, a year-and-a-half later, not a single tower of the wireless network has been built, residents have been told they will never receive Internet service directly from the project, and one of the key members of the North Florida Broadband Authority charged with constructing the network has called one of the major contractors “incompetent.”

Last week, federal officials suspended the grant amid growing accusations of wasteful spending and lack of oversight.

NFBA was supposed to be building a wireless wholesale-access network across 15 counties that would deliver ISPs, government agencies, libraries, and other institutional users packages of 6, 12, 25, 60, 150Mbps or faster service, linked with fiber to Orlando and Tampa.

Although media coverage touted the project as delivering improved access to residential customers in Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, Union and Wakulla counties, the NFBA project will not directly make broadband service available to consumers.  Would be residential customers will have to hope an incumbent Internet Service Provider chooses to participate and resells access to the network across the region.  Otherwise, those taxpayers will only be able to use the network they paid for at a local library.

That is, if the project ever gets completed.

To date, financial statements from the NFBA reflect the biggest checks paid to-date have gone to architecture and design consultants, which have received a total of more than $3.37 million dollars.  In contrast, NFBA has paid $0.00 for on-site construction and site work as of the end of the last quarter.  Money has also been spent on “Administrative and Legal Expenses” amounting to more than $863,000, and $1.54 million has been spent on property appraisal, acquisition, and expenses related to establishing rights-of-way.

When questions began to be raised about why the project had spent so much on so little, the fur began to fly, according to the North Florida Herald:

Christopher Thurow of Bradford County, accused [contractor] Government Services Group of being “incompetent.” Government Services Group answers to the Authority and is in charge of managing the project.

Then Rapid Systems, one of the project’s engineering companies, began making accusations of not getting paid. But GSG pointed to what it said was inadequate documentation by Rapid Systems and not following payment procedures.

Adding to the controversy was that GSG had been let go from managing the Florida Rural Broadband Authority (FRBA), a program similar to the North Florida Broadband Authority.

Multiple FRBA meetings were canceled, and the project was behind schedule, said Rick Marcum, chairman of FRBA.

“We felt like we needed to move in a different direction,” he said.

Since then, Government Services Group has filed a lawsuit against FRBA, saying there is a breach of contract.

At the North Florida Broadband Authority, some members allege a conflict of interest between GSG and Capital Solutions, which was contracted by GSG to oversee the administration of the grant money.

The apparent conflict comes from the accusation that Government Services Group CEO Robert Sheets is 25-percent owner of Meridian Services group, where Lisa Blair is CEO and president. Blair also is the CEO of Capital Solutions.

NFBA project members seem content to blame most of the problems on others, as well as on a sudden discovery their initial network design would not meet the performance requirements of potential wholesale customers.  That meant a wholesale re-design of the project into a “interconnected-ring network” design topology.  The rest of the delay, according to the NFBA, was because the project was sitting around waiting for government approvals:

This entire process (which included design re-evaluation, engineering services procurement, and network redesign) was carried out over a period of two to three quarters, which was the period of time designated in the original Baseline Plan for the turnkey link design phase as well as for subsequent equipment procurement, site acquisition, and pre-deployment activities. Additional variance from the Baseline Plan resulted substantial delays that were incurred awaiting wage-rate determinations (more than 3 months), awaiting a response to a waiver request to allow eligibility of Long term Operational leases (requested process in December, 2010, AAR submitted in April 2011, received in June, 2011); and comments from the Program Office on a Route Change Request (2 months).

That explanation did not pass muster with grant administrators at the National Telecommunications and Information Administration, the federal agency overseeing broadband grants.

“NFBA has experienced a number of external and internal delays on its project and, as a result, NTIA has serious concerns regarding the project’s long-term viability and, in the short-term, its ability to implement and deploy the proposed project during the grant award period,” the NTIA wrote in a statement.

As a result, the NTIA has suspended the program, ending all work, pending some sort of oversight agreement with the NFBA being concluded before Oct. 10.

The NTIA wants all invoices and disbursements from the $30 million grant approved directly by them before any more money is spent on the project.

To date, filings indicate the project has no signed customers of any kind, institutional, commercial or otherwise.  NFBA anticipates it will “outline service to 308 anchor institutions by project closeout,” with “outline” at this point defined as “offer.”

However, NFBA claims to have received a “Commitment Letter for a substantial monthly service commitment from one of our last mile partners, and we expect to receive additional Commitment Letters over the next quarter as we continue to actively engage last mile providers in the network region.”

Last-mile partners are the ones that will ultimately deliver service to residential and business customers.

Dixie County resident and Stop the Cap! reader Jimmy Dixon, who alerted us to the latest developments, calls it “a good government program hijacked by greedy consultants and incompetent local officials.”

“This was supposed to be about serving the unserved — we the people — and instead the project will only sell to government buildings and libraries, and whatever ISPs choose to buy access,” he writes. “But when an ISP won’t sell DSL to your home today, nothing about this grant will make them sell it tomorrow.”

Indeed, Dixon says the local phone company in his area continues to have no plans to wire his neighborhood for DSL, grant or no grant.

“They frankly told me it did not make economic sense to extend DSL here, and unless the government directly defrayed those expenses, they never will service us,” Dixon shares. “But I guess until recently it was just fine to line the pockets of consultants with millions in taxpayer dollars to not deliver service to anyone else, either.”

“We’re all in the same boat, and it’s sinking fast.”

Read the special investigative report published by the North Florida Herald here.

If you are a current AT&T DSL customer, there is no reason you should be paying regular prices for their usage-capped broadband.  With the implementation of their 150GB usage cap on DSL (250GB on U-verse), now is a good time to call AT&T and tell them you are upset they reduced the value of your account with a usage limit.  But hint you may be persuaded to stay if you can sign up for the same deal some of your friends are getting.

At present, those deals include:

1. One year of AT&T DSL Elite service (typically 6Mbps) for $19.95-24.95 a month (this is the easiest deal to get and renew, even if you already took advantage of it — start by asking for the lowest price, but be willing to agree to the higher price if they won’t grant your first request — the price varies in different regions.)
2. One year of AT&T DSL Pro service (typically 3Mbps) for $14.95 a month;
3. One year of AT&T U-verse 12Mbps broadband for $25 a month.

These promotions should work for “naked DSL” (broadband service only) and for current customers who already subscribe to AT&T service.

You can get these offers by calling AT&T Retentions Department directly at:

• Midwest: 1-866-918-8377
• Southwest: 1-888-387-6270
• California: 1-877-377-0415
• Connecticut: 1-877-235-2293

If your promotion is about to expire, call and ask them to extend it.  They usually will.