A telecom industry mouthpiece claims candidates lost at the ballot box because of Net Neutrality.

Scott Cleland, a paid mouthpiece for the nation’s Big Telecom companies, claimed last week’s election results were a national referendum on Net Neutrality broadband reform, and Americans ran to the polls to defeat it.

“So the best available national proxy vote gauging political support for [that] vision of net neutrality lost unanimously 95-0,” Cleland said, referring to 95 Democratic candidates who pledged to “protect network neutrality,” all of whom lost.

Cleland, who chairs the cable and phone company-financed “Netcompetition.org” website, thinks Americans hurried to polls to deliver a message against broadband reform policies at a time when the country continues to face nearly 10 percent unemployment, tight credit, poor housing values, concerns about government spending, and a continued sour outlook things will improve anytime soon.

The Net Neutrality pledge came from the Progressive Change Campaign Committee (PCCC), a liberal group trying to elect like-minded legislators to office in a year that saw major losses for Democrats, especially in the House.  The 95 signers were mostly candidates challenging open or Republican seats, often in conservative districts.

Take Ann Kuster, who sought office in New Hampshire’s conservative 2nd district.  Won by Democrat Paul Hodes in the Democratic “wave election” of 2006, Hodes relinquished the long-standing Republican seat to run for Senate (and lost).  His immediate predecessor, Charlie Bass, a “Republican Revolution” victor swept into office in 1994, held the seat for a dozen years.  Bass ran to reclaim his old seat against newcomer Kuster, who faced considerable criticism in the Democratic primary for her lobbyist ties to Big Pharma.  Despite Kuster’s alienation of the Democratic party base because of her prior career lobbying against drug pricing reform, she lost the election last week by just a single point.

One issue definitely not in contention in the 2010 election in New Hampshire’s Second District was… Net Neutrality.  In fact, the last time the issue flared up in a significant way in western New Hampshire was in 2006, when Bass was criticized for his pro-telecom industry views opposing the broadband reform policy.

Charlie Bass recaptures his seat in Congress

Bass did not even make Net Neutrality an issue this year.  Even Kuster gave short shrift to the issue on her campaign website, putting her telecommunications policy views at the bottom of a list that emphasized jobs, the economy, foreign policy, and health care.

PCCC co-founder Adam Green noted Cleland’s political allies, including Bass, kept their mouths shut about the issue during this year’s elections.

“The only significant thing about Net Neutrality in 2010 is that 95 Democratic challengers felt confident enough to actively tell voters they support this pro-consumer position,” Green observed.  “Zero candidates across the country felt confident enough to actively tell voters they opposed Net Neutrality for the obvious reason that opposing the free and open Internet would be a ridiculously stupid political move.”

Net Neutrality is still an obscure topic for many broadband users, unaware of its meaning or the implications of having net protections swept away by broadband providers intent on boosting profits.

One thing is certain — as a result of last week’s elections, Republicans in the House and Senate, who have almost universally opposed against Net Neutrality, will almost certainly be able to block legislative efforts to enact such reforms into law for the next two years.

Telecom-focused Heavyweight Faces Surprising Loss

Boucher

In the House, the surprising loss of Rep. Rick Boucher (D-Va.) in last week’s election will have a major impact on telecommunications policies.  Boucher, first elected in 1982, is a veteran of battles between consumer groups and big cable and phone companies.  Boucher championed home satellite dish-owner rights at a time when major cable companies were attempting to lock down competition from 10-12 foot backyard satellite dishes. Boucher also fought for net privacy regulations, rural telecommunications services, and supported broadband expansion.  His loss means uncertainty for telecommunications policy, as he gives up his leadership of the House Communications, Technology and the Internet Subcommittee.

“I was saddened to learn of the electoral loss of Representative Rick Boucher in the House,” Federal Communications Commission member Michael Copps said in a statement praising Boucher for nearly three decades of public service. “He has been an extraordinary public servant and a great leader across the whole gamut of telecommunications issues.  His dedication to broadband, his leadership to reform Universal Service to make sure the wonders of advanced telecommunications are available to all our citizens, and his uncommon ability to bring contesting parties to the table to forge workable compromises are the stuff of legend.”

Virginia's largely rural 9th District encompasses the western third of the state

Boucher’s loss could have dramatically negative results on rural Americans with respect to telecommunications services.  Boucher advocated heavily for the telecommunications challenges faced in rural areas like his own 9th District, located in western Virginia bordered by West Virginia, Kentucky, North Carolina, and Tennessee.  Inside his district, broadband service has been challenging to provide in many areas.  The city of Bristol decided to build its own broadband service, a fiber to the home network constructed by Bristol Virginia Utilities.  The network has been so successful, the southern half of the city — actually located in Tennessee — is following Virginia’s lead.  Boucher was a strong advocate for such community networks.

Boucher’s replacement is expected to be either Rep. Anna Eshoo (D-Calif.) or Ed Markey (D-Mass.), both of whom serve more urban districts.

But did Boucher go down because of his strong advocacy of Net Neutrality?  Not even close.  The Bristol Herald Courier reports just one issue was almost certainly responsible for Boucher’s loss: Cap and Trade, legislation that would regulate carbon dioxide by capping total emissions and allowing polluters to trade credits among themselves.  Boucher favored the policy, his opponent opposed it.

Back to the Future Under GOP Leadership

Republican tech policy, potentially under the leadership of congressmen like Rep. Cliff Stearns (R-Florida), is expected to be “Back to the Future,” a return to a more hands-off policy advocated under the former Bush Administration.

The result will be a tech agenda legislatively frozen in place.  Republicans will be unable to pass deregulation bills or block any surprise moves by the FCC to flex its regulatory muscles, thanks to Democrats in the White House and Senate.  Democrats will be unable to enact any broadband reform policies because of “majority-rules”-roadblocks in the Republican-controlled House.  The FCC, already frightened by Congressional dissent, may be less willing than ever to declare a firm position… on anything.  That’s particularly likely with issues considered “hot buttons” on Capitol Hill.

Republicans may even seek to end spending on broadband expansion and other publicly funded projects, assuming there are any funds yet to be allocated.  It is much easier to block annual re-authorizations than to cancel funding already appropriated.

New Consumer Champion Emerging in Senate from Connecticut?

Richard Blumenthal: New consumer champion?

One potential piece of good news for pro-consumer forces is the election of Sen. Richard Blumenthal, the former state attorney general.  Blumenthal’s highly aggressive investigations into wrongdoing by technology firms are likely to continue in his new role as Connecticut’s newest Democratic senator.  Blumenthal has taken aim at privacy violations at Google and prostitution advertising on Craigslist in the past, and his interest in telecommunications consumer protection could be a big help.

For issues like Net Neutrality, all eyes are turning back to FCC Chairman Julius Genachowski, perhaps the only man in Washington with the power to deliver a free and open Internet for at least the next two years.  Will he act?

Frontier Communications is continuing to suffer service outages and problems across many of their respective service areas.  Some of the most serious continue in West Virginia, especially in the northern panhandle region where emergency response agencies continue to complain about sub-standard service from the phone company that took over Verizon phone lines this past summer.

Hancock County officials report their T1 line that connects emergency dispatchers with the county’s dispatch radio system was out of service again early Wednesday evening.  This Frontier-owned and maintained circuit has suffered repeated outages over the past year, and the latest outage comes after company officials promised to inspect the 12,000 foot line inch-by-inch.  Once again, the county’s emergency agency is relying on help from nearby counties and a backup radio system to communicate with at least some of the area’s police and fire departments.

Outages of 911 service are not just limited to West Virginia.  Illinois Valley (Oregon) Fire District Chief Harry Rich was forced to rely on amateur radio operators and extra staffing in county firehouses to cope with a 911 system failure caused by Frontier service problems in late September.  Rich called a public meeting in late October with Cave Junction Mayor Don Moore, Josephine County Sheriff Gil Gilbertson and Josephine County Commissioner Dave Toler to discuss the implications of Frontier’s outage and what steps the region needs to take to mitigate future outages.

In Greencastle, Indiana a Frontier phone outage disrupted service for DePauw University and the Putnam County Hospital Oct. 20.  In Meshoppen, Pennsylvania an outage caused by a downtown fire on Oct. 24 left 1,200 homes in the community without telephone service for most of the day.  Frontier has also suffered periodic copper wire thefts, particularly in the Appalachian region where illicit sales of copper can bring quick cash for those addicted to drugs.  In Eastern Kanawha County, West Virginia, some 100 customers lost service for at least a day after thieves yanked phone cables right off the poles.

Sandman

In Minster, Ohio village officials have hired a law firm to sue Frontier Communications over a wiring dispute.  Village officials accuse Frontier of being intransigent over the removal of telephone lines from poles to bury them underground.  Village Solicitor Jim Hearn told the local newspaper utility companies should be responsible for the costs of installing underground wiring.

In Wenatchee, a community in north-central Washington state, Frontier’s general manager is going all out to try and assuage customers Frontier will provide better service than Verizon.  Steve Sandman went as far as to hand out his direct number to the local media, inviting residents with service problems to call.  It’s (509) 662-9242.

Sandman promises other changes for his customers, according to The Wenatchee World:

Sandman said all Frontier technicians will be fully trained in the installation of phones, internet and TV. No more modems sent through the mail for the customer to install by themselves, he said.

“We’ll be there on the premises for complete installation,” he said. “And, if the customer needs it, we’ll provide some fundamental training on how to turn on the computer, hook up to the internet and get started using online services. Or give advice on how to use the TV remote.”

But all of these issues pale in comparison to the all-out battle forming in the state of West Virginia over broadband stimulus money awarded to help Frontier extend fiber broadband service to local government and community institutions.  One of their biggest competitors, Citynet, has launched a well-coordinated attack on what it calls “a flawed plan that does nothing to provide faster Internet speeds or lower the majority of Internet costs for West Virginians.”

Frontier will spend $40 million of federal broadband stimulus money on a network that will deliver fiber-fast speeds only to government, educational, and health care institutions.

Martin

James Martin II, president and CEO of Citynet argues Frontier is building a state of the art fiber network very few West Virginians will ever get to use, from which it will profit handsomely delivering service to government entities with which it already has contracts.  For the rest of West Virginian homes and businesses, Frontier will deliver outdated DSL service delivering an average of 3Mbps service at a time when adjacent states are enjoying service 2-4 times faster.

Citynet argues funding would be better spent on a middle mile, open fiber backbone available for use by all-comers.  Martin notes West Virginia is one of the few states in the northeast and mid-Atlantic region almost completely bypassed by the core Internet backbone.  The only exception is a fiber link connecting Pittsburgh with Columbus, Ohio, which briefly traverses the northern panhandle of West Virginia.  Citynet’s perspective is that West Virginia cannot improve its poor broadband standing — 48th in the nation, unless it has appropriate infrastructure to tap into for service.

As an example, Martin points to the community of Philippi, served by fiber to the home cable TV and broadband service.  The community’s fiber network is capable of Lamborghini speeds between homes within Philippi. But the community can only afford a single 45 megabit DS-3 connection to the outside world, provided by Citynet for just under $8,000 a month.  That line is shared among every broadband customer in Philippi trying to get out onto the Internet. The result is that Philippi residents can only buy a broadband account with speeds up to 2Mbps for $60 a month on that all-fiber network. That’s equivalent to being forced to drive that Lamborghini on a dirt road.

Martin says if the broadband stimulus money was spent on constructing a statewide open fiber backbone, they could sell the community a 1Gbps pipeline for around $3,000 a month.

Philippi's fiber optic broadband is not so fast, thanks to a bottleneck between the community and the rest of the Internet

“West Virginia is at a crossroads,” Martin said in a prepared statement. “We can build a ‘middle-mile’ solution for high-speed Internet infrastructure and create jobs, or we can stick with the status quo and watch West Virginia fall behind once again. The outcome will determine our state’s economic growth for years to come.”

The state, according to Martin, is reneging on its promise to build a broadband network that will deliver improved service to institutional users as well as at least 700,000 homes and 110,000 business in the state.

Instead, the project would only serve 1,000 “points of interest,” he said. The state’s plan would limit Internet speeds and make broadband service unaffordable, Martin argues.

“If the state were to build a true middle-mile solution, then businesses and residential Internet customers would see a significant reduction in price, as well as an increase in quality, capacity and speed,” Martin said. “Regretfully, the state chose to support a plan that relies on outdated telephone lines and a monopoly.”

Of course, Citynet does have a vested interest in the outcome of the project.  As a provider specializing in selling bulk broadband lines, they would be a prime beneficiary of a government-backed middle-mile broadband network.  Citynet’s argument that funding should be spent primarily on that network ignores the reality few new entrants are likely to enter West Virginia’s rural broadband market, with or without the benefit of a robust broadband backbone.  One of the biggest flaws of broadband stimulus spending is that much of the money will never directly provide “last mile” access to individual consumers and businesses that want broadband service where none is available.

Citynet needs to acknowledge much of West Virginia’s broadband is going to come from the phone company or a local municipality that elects to build its own network.  While cable companies deliver service in larger cities and suburban areas, large swaths of the state will never be wired for cable.  In fact, West Virginia is poorly covered even by wireless companies who see little benefit building extensive cell tower networks in the notoriously mountainous areas of the state that serve few residents.  The only existing rural telecommunications infrastructure universally available is copper telephone wires.  Like it or not, Frontier Communications will be the biggest provider of broadband in rural West Virginia.  A fiber backbone network alone delivers minor benefits to those residents who either cannot connect at any broadband speed, or are stuck with Frontier’s current 1-3Mbps DSL service.

Still, Citynet’s campaign is a useful reminder that too many broadband stimulus projects direct most of their money to networks ordinary consumers and businesses will never access.  And so long as local governments, schools, and hospitals “get theirs,” they have little interest in fighting to share those networks with consumers and for-profit businesses.

Citynet produced two radio ads criticizing West Virginia’s allocation of broadband stimulus money, and Jim Martin appeared on a local radio show to explain to West Virginia why this issue matters. (Ads from 11/2010 — Interview with Jim Martin: September 16, 2010) (18 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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Ultimately, Verizon may get the last word, even after they abandoned the state’s landline customers.  Charleston, the state capital, has been selected as one of the early communities to receive Verizon Wireless’ new 4G LTE wireless broadband network, according to WTRF-TV:

Verizon subscribers in Charleston with devices that are 4G compatible will see changes within the next six to seven weeks. The whole city is expected to be covered by the network by mid-2011, according to company officials. From there, it will be expanded to cover Huntington, Parkersburg, Wheeling, Weirton, Beckley, Clarksburg, Morgantown, Fairmont and Martinsburg by 2013.

The company also plans to expand coverage along the entire Interstate 79 corridor from Charleston to Clarksburg.

The decision to include Charleston among the 39 metropolitan areas where Verizon would deploy its 4G network left many analysts of the industry scratching their heads, although they noted in online posts that Rockefeller chairs the Senate committee that regulates the telecommunications industry.

Should West Virginians find Verizon Wireless a suitable replacement for their landlines, Frontier may have bought themselves a pig in the poke.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/West Virginia Frontier 11-4-10.flv[/flv]

WTOV-TV covers the emergency services outage in northwestern West Virginia in two reports, WBOY-TV covers the Citynet-Frontier controversy, and WTRF-TV covers the arrival of Verizon’s LTE upgrade, starting with Charleston.  (7 minutes)

Telephone companies will lose up to half of their broadband market share if they insist on sticking with DSL technology to deliver Internet access, according to a new report from Credit Suisse analyst Stefan Anninger.

Anninger predicts DSL will increasingly be seen as the “dial-up” service of the 2010s, as demand for more broadband speed moves beyond what most phone companies are willing or able to provide.  Credit Suisse’s analysis says DSL accounts sold in the United States top out at an average speed of just 4Mbps, while consumers are increasingly seeking out service at speeds of at least 7Mbps.  The higher speeds are necessary to support high quality online video and the ability for multiple users in a household to share a connection without encountering speed slowdowns.

A lack of investment by landline providers to keep up with cable broadband speeds will prove costly to phone companies, according to Anninger. He believes a growing number of Americans understand cable and fiber-based broadband deliver the highest speeds, and consumers are increasingly dropping DSL for cable and fiber competitors.  Any investments now may be a case of “too little, too late,” especially if they only incrementally improve DSL speeds.

Anninger says providers may be able to offer up to 18Mbps in five years by deploying ADSL 2+ or VDSL technology, but by that time cable operators will be providing speeds up to 200Mbps, and many municipal providers will have gigabit speeds available.

The impact on phone company broadband market share will prove bleak for phone companies in all but the most rural areas, Anninger predicts.  He says by 2015, cable companies will have secured 56 percent of the market (up by 2 percent from today), phone companies will drop from 30 percent to just 15 percent, Verizon FiOS, AT&T U-verse, and wireless broadband will each control around 7 percent of the market, with the remainder split among municipal fiber, satellite, and other technologies.

Anninger is also pessimistic about wireless broadband being a wired broadband replacement in the next five years.

A Credit Suisse online survey of 1,000 consumers in August found that less than half would consider going wireless only.  The reasons?  It’s too slow, too expensive and most plans have Internet Overcharging schemes like usage caps and speed throttles.

Although cable companies are on track to be the big winners in broadband market share, still have one giant hurdle to overcome — a lousy image.  Just 36 percent of cable customers say they are “very satisfied” with their local provider.  More than 60% of FiOS and U-verse’s broadband customers said they are “very satisfied” with the services these advanced telephone company networks provide.  Consumer Reports has regularly awarded top honors to Verizon FiOS for the last several years.

Independent phone companies and smaller cable operators routinely score at the bottom, typically because they are relying on outdated technology to supply service.

This makes the marketplace ripe for disaffected consumers to jump to an alternative provider.  Unfortunately, as most Americans face a duopoly of the cable company they hate and the phone company that doesn’t deliver the services they want, there is no place for them to go.

Anninger also predicts the risk of broadband reform by reclassifying broadband under Title II at the Federal Communications Commission is now “minimal.”  That suggests Net Neutrality enforcement at the FCC is not a priority.  The Credit Suisse analyst says if action hasn’t been taken by winter or spring of next year, it’s a safe bet the Commission will never re-assert its authority.

Verizon’s lobbyists are warning western New York politicians that unless they defeat a state measure to allow Verizon ratepayers to share in the proceeds of any future landline network sell-offs, Verizon may take a multi-billion dollar proposed data center elsewhere.

The Niagara county community of Somerset, population 2,900, is the planned home for the new high-tech infrastructure project.  Verizon officials propose to use Lake Ontario breezes and water to help cool the energy-intensive facility, to be located on 160 acres just yards from the shoreline.  In all, the Verizon campus will consist of three buildings — each 300,000 square feet in size.  If built as proposed, it would be among the largest of Verizon’s 250 data centers around the world.

But there’s a hitch.

While Verizon project manager Bruce Biesecker showed drawings and answered questions from an eager audience of local residents, Verizon lobbyists were telling reporters the entire project could end up in another state because of legislation under consideration in the state legislature.

Our regular reader Smith6612 dropped us a note wondering if we knew about the project.  Yes, we did.  But we also noticed company officials spending almost as much time complaining about interference from Albany threatening to derail the data center as they spent talking about the project itself.  Company officials also rarely named the exact bill in question or how it would directly threaten its data center investment.

Stop the Cap! covered the introduction of New York Assembly Bill 2208/Senate Bill 7263 earlier this year.  Introduced by Assemblyman Richard Brodsky (D-Westchester) and Senator Brian X. Foley (D-Blue Point), the companion bills came in response to watching Verizon sell off large segments of its landline network in a dozen states to Frontier Communications.  Both legislators were concerned the deal forced subscribers to deal with a new phone company that earned an “F” rating from the Better Business Bureau, all while personally enriching company executives and shareholders in a tax-free transaction.  They don’t want to see a repeat performance for rural New York residents.

Brodsky and Foley argue that such sales should be in the interests of ratepayers, especially rural customers who have few alternative choices.  Their legislation would compel Verizon to share 40 percent of the proceeds of any sale with their customers — the ones that pay the monthly bills that made Verizon’s network possible.  Alternatively, Verizon could spend an equal amount on verifiable infrastructure improvements and escape writing checks to ratepayers.  In either case, the legislation forces Verizon to spend less on bonus bonanzas for a handful of deal-making executives and more on the customers who have to live with the results.

Verizon lobbyists and company officials have routinely mischaracterized the legislation, claiming it singles out the state’s largest phone company with a “40 percent tax” that “exempts cable companies.”  They have also repeatedly hinted the legislation could force Verizon out of the state.

“That weighs as heavily in our decision as do things like power, taxes, environment,” Verizon spokesman John Bonomo said. “The business climate in the state is as important as some of those other factors.”

Verizon officials have not exactly been subtle about what they want to get the multi-billion dollar project ultimately built:  solid opposition to the two bills, which garnered support from consumer and ratepayer groups and the Communications Workers of America.  The legislation passed the state Assembly but ultimately died in the Senate several weeks ago.  Verizon is obsessed about keeping such bills from being reintroduced.

With billions at stake, the western New York delegation of politicians in Niagara and nearby Erie Counties have been especially supine to Verizon’s arguments.  In particular, some Republicans in the state legislature have made it their mission to see the bill permanently killed.

Unfortunately, the quality of the reporting done by local media about Verizon’s lobbying agenda has been especially underwhelming — frequently shallow, lazy, and downright inaccurate.  The assertions raised about the Brodsky/Foley legislation in area newspapers and television news reports makes one wonder if any of the reporters actually read the bills in question.

Take Bill Wolcott’s piece in the Lockport Union-Sun & Journal.

Wolcott never strays far from Verizon’s talking points, describing the bills as “[containing] conditions for givebacks of 40 percent for telephone providers, but does not do the same with cable TV corporations.”

Wolcott does not bother to accurately depict “givebacks” in terms of what they actually are — refunds to Verizon customers.

Verizon’s red herring complaint of unfair treatment is also repeated by the reporter, who apparently does not realize there are major differences between Time Warner Cable, which controls the overwhelming majority of cable subscribers in western and central New York and Verizon’s telephone operations:

1. Time Warner Cable has no plans to sell off its network to the highest bidder, abandoning rural and suburban areas served today.  Verizon did exactly that in most of the dozen states it left on July 1st;
2. Verizon’s landline network provides universal service to New York telephone customers, for which it receives a substantial subsidy from the Universal Service Fund;
3. Time Warner Cable is not held to universal service standards, something Verizon rarely complains about these days now that the phone company is in the same business as Time Warner through its selectively deployed FiOS network (which incidentally is not available in the Niagara county area where the data center is proposed.)
4. Verizon’s prior landline selloffs have almost always resulted in bankruptcies for the buyers, leaving phone customers uncertain about the level of service they will ultimately receive.

The proposed site for Verizon's data center in Somerset. Lake Ontario is visible in the distance. (Courtesy: WIVB-TV Buffalo)

The Buffalo News reporter did little better, misrepresenting a fundamental part of the bill (underlining ours):

Under the weight of a multibillion- dollar deficit, the State Assembly in the spring passed a bill that would require telephone companies to return 40 percent of their proceeds to the state if they reached a joint venture with another company or sold off some of their properties in New York.

Reporter Teresa Sharp managed to bungle an important fact.  The state of New York would not receive the proceeds — Verizon ratepayers would.

Most television coverage didn’t bother to challenge the inaccurate assertions made by Republican lawmakers or Verizon representatives either.  Talking points were read and reporters simply nodded their heads.

As a public service to the Buffalo-area media, Stop the Cap! presents a primer on the actual language of the legislation Verizon wants to see dead (underlining ours):

         (1) PROVIDES SHORT-TERM AND LONG-TERM ECONOMIC BENEFITS TO RATEPAYERS.
   49    (2)  EQUITABLY ALLOCATES, WHERE THE COMMISSION HAS RATEMAKING AUTHORI-
   50  TY, THE TOTAL SHORT-TERM AND LONG-TERM FORECASTED ECONOMIC BENEFITS,  AS
   51  DETERMINED  BY  THE  COMMISSION, OF THE PROPOSED MERGER, ACQUISITION, OR
   52  CONTROL BETWEEN SHAREHOLDERS AND RATEPAYERS.  RATEPAYERS  SHALL  RECEIVE
   53  NOT  LESS  THAN  FORTY  PERCENT OF SUCH BENEFITS; PROVIDED, HOWEVER THAT
   54  REINVESTMENT OF SUCH BENEFITS  IN  A  TELEPHONE  CORPORATION'S  IN-STATE
   55  INFRASTRUCTURE MAY BE DEEMED TO SATISFY SUCH REQUIREMENT.

What this means is that Verizon has two choices if it chooses to throw its rural New York landline customers overboard — before paying enormous cash bonuses to executives and deliver subscribers into the waiting hands of a potentially unstable buyer, up to 40 percent of the proceeds must be reinvested in improving the existing telephone network.  Barring that, the same percentage of proceeds must be returned to ratepayers in the form of refund checks or service credits.

Verizon may have a major problem giving customers their fair share, but they have no problem asking New York taxpayers for generous tax breaks.

Verizon has applied for a 20-year payment-in-lieu-of-taxes, or PILOT agreement, which would deliver substantial property tax savings, not a small matter in a region with the highest property taxes in the country.  It also wants a sales tax exemption on building materials and the equipment to be installed at the data center.  The sales tax break alone is expected to cost state taxpayers up to $330 million in lost tax revenue.

Because Verizon is upset about the legislation, local politicians have done one better expressing outrage that Albany politicians could drive Verizon to pack up its data center and head out of state.

Corwin

Somerset Supervisor Richard Meyers was quoted in Wolcott’s piece suggesting New York residents don’t want any part of a bill that returns money to phone customers if Verizon sells them out.

“I’ll tell you who’s calling the shots in the Senate, and that’s the residents of New York state,” Meyers said. “The average citizen in New York state does not like this bill, and I don’t either. I think it stinks. It’s not a necessary bill, and there’s a lot of time and energy wasted.”

Assemblywoman Jane Corwin, (R-Clarence) characterized the legislation as a union plot, quoted bashing the bills in the Lockport newspaper:

“It’s a very bad bill, being pushed by the Communication Workers of America, the union that represents the workforce at Verizon,” she said. “Of all the people that stand to get hurt, it’s the employees that would get hurt the most, and the investors as well. The whole bill doesn’t make sense.”

“This bill chills any business incentive to invest in New York state … because they stand to lose 40 percent of that investment down the line. The playing field will be made uneven, if we start taking 40 percent of that potential away from Verizon and not from the cable companies and Internet companies.”

She  contends that the CWA was putting pressure on the Assembly. “The shame of it all is that it’s been driven by a special interest group. They are the ones pushing this bill.”

What is especially chilling is that Corwin never bothers to mention concern for the one group affected above all others: Verizon landline customers.  To her, they are incidental.  The CWA?  A “special interest group.”  Verizon?  A source of campaign contributions for her.  This year, she has already picked up some nice change from the folks at Big Red:

Source: New York State Board of Elections

That’s not bad for a New York Assemblywoman serving a rural district whose total campaign take since her first election is just under $125,000.

State senator George Maziarz (R-Newfane) is just as bad.

“It’s a terrible piece of legislation, and I’m doing all I can to make sure it doesn’t pass,” said Maziarz, who heads the Senate’s Energy and Telecommunications Committee.

Verizon also thanks Maziarz for his efforts, for which he has been well-rewarded in the last two election cycles:

Source: New York State Board of Elections

Maziarz

The prospect of new high technology jobs and investment are more than promising to an upstate economy that has suffered difficult economic times for years.  But Verizon’s threats to skip Somerset for its new data center because of “anti-business” hostility ignores the company’s own willingness to abandon its rural customers.  In states where Verizon has sold off landline service — ending the prospects for real improvements in broadband and other modern services — communities like Somerset were the first to go, seen as too small and isolated for Verizon’s urban-based business plans.

The legislation Verizon fears protects New York residents, including those in Niagara County, from deals that enrich a handful of executives and Wall Street bankers while delivering sub-standard service to customers left behind.  Verizon’s record of sell-offs has been a disaster for customers, forced to endure long-term service disruptions, inaccurate bills with unfair charges, low quality broadband, and high prices.

Ironically, Verizon’s fear is totally misplaced, assuming they intend to remain committed to serving customers across the state — from cities as large as New York -and- towns as small as Somerset.  Even using Verizon’s own language, they can avoid the 40% “tax” if they simply keep providing service to their customers.

That’s just one of many facts the media in western New York needs to do a much better job of communicating to their readers and viewers.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Verizon Data Center 10-18-10.flv[/flv]

WIVB and WKBW-TV in Buffalo delivered several one-sided reports about the proposed Verizon Data Center while allow inaccurate information about Assemblyman Brodsky’s proposed bill to go unchallenged.  (8 minutes)

Frontier Communications continues to alienate customers up and down the state of West Virginia with more service outages, billing problems, and emergency 911 service interruptions.

This time, it’s the community of Marmet that suffered an outage the company described as “temporary.”  Service to the area’s Metro 911 emergency operations center was interrupted Monday and residents knew what to do when Frontier could not deliver landline service that works — they grabbed their cell phones.

In Dunbar, the funeral director at Keller Funeral Home noticed he stopped getting calls from local area customers after Frontier took over operations July 1st.  Michael McCarty told a Charleston television station Frontier initially blamed him for the problems, but later discovered malfunctioning switching equipment was at fault and forked over a $344 refund.  McCarty’s business probably took a bigger financial hit than that when potential customers could not get through — for months.

“People would call, but it wasn’t ringing here,” McCarty told the Charleston Gazette. “There really wasn’t much we could do but wait it out.”

Two dozen complaints about Frontier’s performance are still pending at the West Virginia Public Service Commission.  The state’s consumer advocate says Frontier’s service quality in the state is not improving.  Frontier blames Verizon’s aging and poorly maintained network for most of the problems.

But many of Frontier’s complaints, not just in West Virginia, are about unfair early cancellation fees, inaccurate billing, lost service orders, and lousy customer service.  Here’s a sample:

• “The customer service representative was extremely rude and angry. We called in response to the unfair cancellation fee of $250.00. Last week we were told that we had until 9/30 to opt for other phone service without a cancellation fee. Each representative gives different information. Small business were treated horribly by Verizon and now Frontier. After the rudeness, I will never bring my business service back to Frontier!”
• “I have fought this company for six months because every month they cannot get billing right. They are the absolute WORST I have ever dealt with. They charge for services not wanted. They charge late fees when none should have been charged and then didn’t remove them after admitting their mistakes. If you have any other choice, avoid Frontier like it’s a plague, because it is.”
• “They never processed my order to transfer my service. I called back 4 times in a week to get them to do their job. On the last day, I was left on hold for 2 hours in the morning and then 1.5 hours in the afternoon, only to be told I would have to wait another 3 days for a servicemen to come out. The wait times were nothing less than abusive.”
• “Horrible folks to do business with. Verizon sold my FiOS/Phone account to Frontier and soon afterward mysterious charges for “ID protect” etc. started appearing on my bill. Whenever I call their service, it loops and hangs up. I tried the option for “we will call you back” – when it calls back , it will give another number to call back, where you have to wait again. Can’t wait to get rid of them.”
• “Frontier recently bought out Verizon’s service in my area. The automated phone tree system goes in loops and hangs up on you. Furthermore, once I finally figured out how to get someone on the line (responding to every question the automated system asked with “operator”) and moved up to a supervisor… the supervisor got very short with me when I tried to cancel my service and then hung up on me. When I called right back, I got an automated message saying the offices were closed.”

Some enterprising Frontier customers have learned their hold times will be much shorter if they opt to speak with a Spanish-speaking operator.  “Many of the call centers are in Florida anyway, so you may get a bilingual operator no matter which language you choose,” writes our reader Danielle.  “I cut my hold times from over an hour to less than five minutes this way.”

Meanwhile, one of Frontier’s primary competitors in the state, Citynet, accused Gov. Joe Manchin’s office of wasting $126 million in taxpayer money that will benefit Frontier Communications far more than state residents starved for broadband.

Citynet CEO Jim Martin urged federal officials Wednesday to suspend the grant after the state defended plans to allocate a large amount of the grant exclusively to connect state agencies.

“The state’s response clearly highlights why the federal government needs to suspend the award until there are major modifications to the plan,” Martin said. “It is clear from the state’s letter that little will be done with the federal taxpayer funds to increase the availability of adequate and competitively priced high-speed infrastructure in West Virginia. The current approach will cost the state future job growth.”

Martin is upset that more than half of the grant, $69 million dollars, will be spent on Frontier’s behalf to construct a broadband network for the state government.  The agencies who get access will still have to pay Frontier market rates for high speed broadband access, despite the fact taxpayer dollars were spent to construct the network Frontier will operate.

Manchin

Citynet wants stimulus funding diverted to construct a “middle mile” broadband network that every telecommunications company can access at wholesale rates to deliver improved broadband services to residents and businesses, not just government buildings.

Martin says the Manchin Administration is making “blatantly false” claims that the stimulus money would deliver high-speed Internet to 700,000 homes and 110,000 businesses.  Unless those homes and businesses are stuffed into government agency buildings, it won’t.

According to Martin, all of the benefits will go to only two places — state agencies and Frontier’s pockets.

“It’s a political favor to Frontier,” Martin charged.

“The citizens of West Virginia deserve transparency and accountability from their public servants, and this is even more true given the magnitude and importance of the need for broadband enablement in our state,” Martin said Wednesday. “I was born and raised in West Virginia, and I am aware of the consequences this program could have for West Virginia in terms of job growth and competing for high-paying 21st century jobs.”