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Net Neutrality Now in Full Effect; The Internet Is Still Working, Providers Are Still Getting Rich

netneutralityThe Federal Communications Commission’s Net Neutrality rules took full effect Friday, after a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit denied petitions for a temporary stay of the rules made in separate lawsuits by AT&T and other telecom industry opponents.

“This is a huge victory for Internet consumers and innovators!,” FCC Chairman Thomas Wheeler exclaimed in a written statement. “There will be a referee on the field to keep the Internet fast, fair and open. Blocking, throttling, pay-for-priority fast lanes and other efforts to come between consumers and the Internet are now things of the past. The rules also give broadband providers the certainty and economic incentive to build fast and competitive broadband networks.”

The Net Neutrality rules govern both wired and wireless Internet services, and most observers predict the biggest impact will be felt by wireless customers. Wireless providers have experimented with speed throttling, priority access, data caps, and so-called “sponsored data” exempt from usage caps or usage billing. Some of these practices are now illegal under Net Neutrality rules and others are subject to increased scrutiny by the FCC.

Providers generally have not opposed rules blocking online censorship, paid prioritization, and selective speed throttling, but they are vehemently against the FCC’s catch-all “Internet general conduct rule,” that effectively allows the agency to oversee issues like interconnection agreements that connect content producers with each ISP, data caps/usage billing, and issues like zero-rating — providing an exemption from an ISP’s usage allowance for preferred content partners.

Providers argue the FCC could block innovative pricing and usage-based billing they argue customers would like to have.

Other industry groups claim Net Neutrality will lead to a significant decline in investments towards broadband upgrades and expansion. But Charter Communications CEO Thomas Rutledge, now in the middle of a multi-billion dollar merger deal with Time Warner Cable and Bright House Networks, disagreed, noting it will have no effect on Charter’s investment plans for its own cable systems or those it may acquire.

“The big news today is that there is no news,” said Timothy Karr, senior director of strategy for Free Press. “With Net Neutrality protections in place, there are no dramatic changes to the way the Internet works. Internet users are logging onto a network that’s open, as they’ve long expected it to be.”

What Happens When a Verizon Wireless Dealer Forgets to Hang Up: “Selling Lies!”

Wireless World of Emerson

Wireless World of Emerson

A Verizon Wireless salesman that left a voicemail message offering a customer a new service plan that could save her money forgot to hang up the phone when he finished his message and broke into song singing, “Lies, lies, lies, selling lies” while criticizing his co-workers for reneging on the savings he promises.

“David” from the “Verizon Wireless Store” called Kristin Capone because she had evidently bought a phone from him last year.

“I’m just calling my customers letting them know that earlier this month there were changes in the price plan and there is a chance I can save you money,” David offered.

After thanking her for her time, the employee at Wireless World of Emerson, a “Premium Verizon Dealer” in Emerson, N.J., did not bother to hang up, and had some choice words for Capone and his co-workers that Capone shared on YouTube.

“Lies! Lies! Lies!,” David sang. “Selling lies. Can’t save her a f@@@ing dime. Come in, we’ll save you some money. Just like that. She comes in, sees to one of you guys. You guys look in and say, oh no, there’s nothing we can do and then I end up looking like a dou@@e and then she won’t want to buy.”

“David” seems to acknowledge his bad attitude at the end of the message.

“I’m being a crabby car salesman.”

[flv]http://www.phillipdampier.com/video/Crabby Verizon Salesman Forgets to Hang Up.mp4[/flv]

A public relations headache for Verizon Wireless as one of its “premium dealers” decides to dismiss promises of savings as “selling lies.” (Warning: Contains profanity.) (1:42)

Verizon is Still Pushing Voice Link Wireless Home Phone Service

Phillip Dampier June 9, 2015 Consumer News, Public Policy & Gov't, Verizon, Video, Wireless Broadband Comments Off on Verizon is Still Pushing Voice Link Wireless Home Phone Service
Verizon Voice Link

Verizon Voice Link

The Communications Workers of America today claimed Verizon is refusing to repair broken landlines and is once again trying to steer customers to a controversial wireless landline replacement Verizon calls Voice Link.

“Verizon is systematically abandoning the legacy network and as a consequence the quality of service for millions of phone customers has plummeted,” Bob Master, CWA’s political director for the union’s northeastern region, told the Wall Street Journal.

The CWA will file public information requests this week with state regulators in New York, New Jersey and Pennsylvania seeking more detailed information about how Verizon is utilizing Voice Link.

Stop the Cap! has received several messages from Verizon customers over the last six months, most in New York City, that were offered Voice Link as a temporary solution to ongoing landline service problems including no dial tone, intermittently failing lines, and those with crosstalk or static problems.

“It is crazy how long Verizon can take to fix a phone line in Manhattan,” wrote our reader Helen. “The problems started in February and we lost service for what turned out to be almost a month. We had four broken repair appointments and every date they promised it would be fixed it wasn’t. Can you imagine a whole month without a phone line?”

Helen tells us that Verizon started leaving messages on her voicemail apologizing for the problems, but offered Voice Link, a wireless landline replacement in the interim.

“At least it was something I told my husband, but he didn’t like the idea because Verizon would probably forget about us after putting it in,” she said. “I won the argument but we lost in the end because Voice Link never worked properly.”

Verizon FiOS is coming to Fire Island.

Helen complained Voice Link made phone calls difficult to understand and often her phone didn’t ring when calls came in.

“Everyone sounded like they were underwater and it was hard to understand people,” she said. “Callers would tell me they heard five rings when calling me, but I only heard one, if that.”

“We switched to Time Warner Cable phone service and it was installed fast,” she said. “But then the fax machine wouldn’t work right so we still need Verizon after all.”

Helen’s apartment building is not yet wired for FiOS because of problems the building management allegedly had with Verizon technicians in the past. She is willing to sign up, but thinks Verizon is not doing itself any favors treating customers badly when their old landlines fail.

“It makes you think how long it will take them to show up if a rat chews through a fiber cable next year.”

The fact Verizon offers Voice Link to customers while phone repairs go uncompleted for extended periods worries the CWA, who accused Verizon of “steering” customers to the wireless replacement.

Verizon spokesman Rich Young says about 13,000 customers have decided to keep Voice Link as a permanent solution to their landline woes and have never gone back to their old copper service.

[flv]http://www.phillipdampier.com/video/Verizon Voice Link A Reliable Alternative.mp4[/flv]

Verizon calls its Voice Link wireless landline replacement a reliable alternative in this promotional video produced in 2013. (2:24)

Thomas MacNabb, Verizon’s director of operations, also defends Voice Link, claiming it represents Verizon giving customers the best possible service when weather-related outages arise.

But retired AT&T executive W. Kenneth Lindhorst counters Voice Link is no upgrade, relying on old 1990s technology, and does not work with credit card machines, faxes, security and home medical monitoring, or wireless data.

“They come in with the implication that they are upgrading services in the neighborhood. They do not tell you that they are switching from a regulated basic to an unregulated service,” Lindhorst said. “They don’t like to be regulated by government. They don’t like their customers to be protected by government.”

Lindhorst is part of Don’t Hang Up On New Jersey, a group fighting Verizon’s efforts to replace Superstorm Sandy-damaged telephone lines with Voice Link. Two bills in the New Jersey legislature: A2459/S278 are seeking a one year moratorium on Verizon replacing damaged copper wiring with any alternative technology, including wireless, until further studies can be done.

[flv]http://www.phillipdampier.com/video/Verizon Voice Link Hanging Up On NJ.mp4[/flv]

Verizon Voice Link is “hanging up on New Jersey” according to a consumer advocacy group. An interview with retired AT&T executive W. Kenneth Lindhorst suggests Verizon wants to use the service to escape regulatory oversight. (2:00)

Atlanta Reporter Discovers the Insidious World of ALEC, Gets Thrown Out of His Hotel Room

Chatham County Sheriff's Deputy O'Berry ejects a WXIA-TV news crew from a Savannah, Ga. hotel room at the direction of a senior official of the American Legislative Exchange Council.

Chatham County Sheriff’s Deputy O’Berry ejects a WXIA-TV news crew from a Savannah, Ga. hotel room at the direction of a senior official of the American Legislative Exchange Council. (Image: WXIA-TV)

When an Atlanta news crew from WXIA-TV asked questions about a closed-door meeting involving Georgia lawmakers, wireless industry lobbyists, and the American Legislative Exchange Council, Bill Meierling, vice president of communications for ALEC, directed four armed sheriff’s deputies to kick the news crew out of their hotel rooms and escort them to the street.

“I am a guest of the hotel, sir,” WXIA reporter Brendan Keefe told Chatham County sheriff’s deputy A. O’Berry.

“Not for long, we’ll take care of that,” responded O’Berry.

“Are we violating a law here?” Keefe asked another deputy who told them to gather their belongings.

“Don’t say nothing,” O’Berry told the other deputy.

“To protect Republicans and serve giant corporations,” said Atlanta resident Larry Jefferson, who tipped us off. “To watch a hack from ALEC wave his arm and see armed deputies throw a reporter who paid for his room out of a hotel for just asking questions should wake up every American about where this country has gone.”

In a resort hotel in Savannah, the newest crop of bills likely to end up before Georgia lawmakers are being written by corporate lobbyists for introduction by friendly legislators willing to do their bidding.

At ALEC’s Communications & Technology Task Force Luncheon, Keefe spotted Rep. Ben Harmon hobnobbing with a lobbyist for CTIA, the giant wireless lobby. When he approached Harmon, Keefe was pulled out of the room. He soon found Meierling in the lobby being watched over by four off duty Chatham County deputies paid to protect ALEC’s event.

“Turn off the camera,” Meierling demanded.

alec-logo-smWhen Keefe refused, Meierling told him he was going to have him thrown out of the hotel.

Keefe persisted and asked who was paying for the legislators to attend. “Lobbyists?” Keefe asked.

“No,” Meierling replied.

Unfortunately for Meierling, looser lips from an unidentified New England legislator and two lobbyists in the hotel bar the night before suggested otherwise. One lobbyist admitted she paid a higher fee to be there to help subsidize legislators’ travel expenses.

Meierling

Meierling

When confronted with that information, Meierling sighed deeply and waved over the officers to do their duty… to ALEC.

“I’m going to have to ask you to leave,” Deputy O’Berry immediately demanded as he walked up to the reporter. He was uninterested in the fact Keefe was a paid guest at the hotel. Keefe and WXIA had to go, to protect the interests and the secrecy of a group that is responsible for writing many state laws across the country.

“It’s a corporate bill mill,” said former ALEC member Sen. Nan Orreck. “The truth be told, they write the bills.”

“There are votes taken that have the corporate folks at the same table voting with the legislators on what bills to pick and that at its core just screams out inappropriate,” Orreck said. She left the group.

For the convenience of legislators, ALEC model bills come to their desks already written. All a legislator has to do is fill in the name of his or her state on a blank line and the bill is ready for introduction. To help educate lawmakers about the hot button issues bothering America’s largest corporations, ALEC’s legislative members — almost all Republicans — are paid “scholarships” in the thousands of dollars to attend resort meetings.

David Ralston, the speaker of the Georgia House of Representatives, even penned a fundraising letter on ALEC letterhead looking for $5,000 contributions to send fellow lawmakers to ALEC’s annual meetings.

“O’Berry and those other deputies should be suspended, fired, and then thrown in jail for dereliction of duty,” Jefferson believes. “These deputies either don’t know or don’t care about the law, something O’Berry was well aware of when he told another deputy to keep his mouth shut.”

“ALEC exists to subvert our democracy and any identified member of this group in public office should no longer be there.”

[flv]http://www.phillipdampier.com/video/WXIA Atlanta ALEC – The Backroom Where Laws Are Born 5-20-15.mp4[/flv]

WXIA-TV in Atlanta introduces viewers to the American Legislative Exchange Council, a group that can summon sheriff’s deputies to toss a reporter out of a hotel where he was a paid guest just for asking too many embarrassing questions. (6:31)

Verizon New Jersey: “It’s Good to Be King,” But Not So Good If You Are Without FiOS

Verizon's FiOS expansion is still dead.

Verizon’s FiOS expansion is over.

Some New Jersey residents and businesses are being notified by insurers they will have to invest in costly upgrades to their monitored fire prevention and security systems or lose insurance discounts because the equipment no longer reliably works over Verizon’s deteriorating landlines in the state.

It’s just one of many side effects of ongoing deregulation of New Jersey’s dominant phone company, Verizon, which has been able to walk away from service and upgrade commitments and oversight during the Christie Administration.

Most of the trouble is emerging in northwest and southeast New Jersey in less-populated communities that have been bypassed for FiOS upgrades or still have to use Verizon’s copper wire network for security, fire, or medical monitoring systems. As Verizon continues to slash spending on the upkeep of its legacy infrastructure, customers still relying on landlines are finding service is gradually degrading.

“The saving grace is that so many customers have dropped Verizon landlines, there are plenty of spare cables they can use to keep service up and running when a line serving our home fails,” said Leo Hancock, a Verizon landline customer for more than 50 years. “I need a landline for medical monitoring and besides cell phone service is pretty poor here.”

Hancock’s neighbor recently lost a discount on his homeowner’s insurance because his alarm system could no longer be monitored by the security company due to a poor quality landline Verizon still has not fixed. He spent several hundred dollars on a new wireless system instead.

Kelly Conklin, a founding member of the N.J. Main Street Alliance said he is required by his insurer and local fire department to have traditional landline service for his business’ sprinkler system, which automatically notifies the fire department if a fire starts when the business is closed. He has also noticed Verizon’s landlines are deteriorating, but he’s also concerned about Verizon’s prices, which the company will be free to set on its own five years from now, after an agreement with the state expires.

tangled_wires“The deal allows Verizon to raise basic landline phone rates 36 percent over the next five years and it allows them to raise business line rates over 20 percent over the next five years,” said Seth Hahn, a CWA staff representative. Beyond that, the sky is the limit.

Most of New Jersey wouldn’t mind the loss of traditional landlines so much if they had something better to replace them. Thanks to the state’s relatively small size, at least 2.2 million residents do. Verizon has managed to complete wiring its fiber to the home service FiOS to 358 towns in the state. Verizon hoped fiber optics, although initially expensive to install, would be infinitely more reliable and easily upgradable, unlike its aging copper-wire predecessor. Unfortunately, there are 494 towns in New Jersey, meaning 136 communities are either stuck using Verizon DSL or dial-up if they don’t or can’t receive service from Comcast.

So how did so many towns get left behind in the fiber revolution? Most of the blame is equally divided between Verizon and politicians and regulators in Trenton.

Verizon did not want to approach nearly 500 communities to secure franchise agreements from each of them, dismissed by then Verizon CEO Ivan Seidenberg as a “Mickey Mouse procedure.” Verizon wanted to cut a deal with New Jersey to create a statewide video franchise law allowing it to offer video service anywhere it wanted in the state.

A November 2005 compromise provided a way forward. In return for a statewide video franchise that stripped local authority over Verizon’s operations, Verizon would commit to aggressively building out its FiOS network to every home in the state where Verizon offered landline telephone service.

The entire state was to be wired by 2010. It wasn’t. Two events are responsible: The arrival of Gov. Chris Christie in 2010 and the retirement of Mr. Seidenberg the following summer.

Christie

Christie

Christie’s appointments to the Board of Public Utilities, which used to hold Verizon’s feet to the fire as the state’s telecommunications regulator, instead put the fire out.

“They were Christie’s cronies,” charged several unions representing Verizon employees in the state.

The then incoming president of the BPU was Dianne Solomon, wife of close Christie associate Lee Solomon. The BPU is a technocrat’s paradise with hearings and board documents filled with highly technical jargon and service quality reports. Solomon brought her only experience, as an official with the United States Tennis Association, to the table. Administration critics immediately accused the governor of using the BPU as a political patronage parking lot. When he was done making appointments, three of the four commissioners on the BPU were all politically connected to the governor and many were accused of lacking telecommunications expertise.

When communities bypassed by FiOS complained Verizon was not honoring its commitment, the governor and his allies at the BPU proposed letting Verizon off the hook. Instead of demanding Verizon finish the job it started, state authorities decided the company had done enough. So had Verizon’s then-incoming CEO Lowell McAdam, who has since shown almost no interest in any further expansion of fiber optics.

But the working-class residents of Laurel Springs, Somerdale, and Lindenwold are interested. But they have the misfortune of living in more income-challenged parts of Camden County. So while Cherry Hill, Camden itself, and Haddonfield have FiOS, many bypassed residents cannot even get DSL from Verizon.

(Image relies on information provided by the Inquirer)

(Image relies on information provided by the Inquirer)

The Inquirer recently offered readers a glimpse into the life of the FiOS-less — the digitally redlined — where the introduction of call waiting and three-way calling was the last significant telecommunications breakthrough from Verizon.

“All Verizon offers here is dial-up,” Dawn Amadio, the municipal clerk in Laurel Springs, said of the Internet service, expressing the frustration of many residents and local officials. “That’s why everybody has Comcast. What does Verizon want us to do? Live in the Dark Ages?”

Or move to a more populated or affluent area where Verizon’s Return on Investment requirements are met.

The state government could have followed Philadelphia, which demanded every city neighborhood be wired as part of its franchise agreement with Verizon in 2009. So far, Verizon is on track to meet that commitment with no complaints by next February.

Further out in the eastern Pennsylvania suburbs, Verizon got franchise agreements with the towns it really wanted to serve — largely affluent with residents packed relatively close to each other. Verizon signed 200 franchise agreements in Bucks, Delaware, Montgomery, and Chester Counties in Pennsylvania. It managed this without a statewide video franchise agreement. But at least 34 towns in those counties were left behind.

A deal between Verizon and Trenton officials was supposed to avoid any broadband backwaters emerging in New Jersey.

But state officials also allowed a requirement that mandated Verizon not skip any of 70 towns it sought guarantees would be upgraded for FiOS, mostly a mix of county seats, poor neighborhoods, and urban areas in the northern part of the state. Verizon could wire anywhere else at its discretion. Trenton politicians never thought that would be an issue because FiOS would sell itself and Verizon could not possibly ignore consumer demand for fiber optic upgrades.

But Verizon easily could after its current CEO found even bigger profits could be made from its prestigious wireless division. McAdam has shifted the bulk of Verizon’s spending out of its wireline and fiber optic networks straight into high profit Verizon Wireless. If he can manage it, he’d like to shift New Jersey’s rural customers to that wireless network as well, with wireless home phone replacements and wireless broadband. Only state oversight and regulatory agencies stand in the way of McAdam’s vision, and in New Jersey regulators have chosen to sit on the sidelines and watch.

That is very bad news for 99 New Jersey towns where FiOS is available to fewer than 60 percent of residents (Gloucester Township, Mount Laurel, Deptford, Pennsauken, and Voorhees, among others.)

Another 135 New Jersey towns, including a group of Delaware River municipalities along Route 130 in Burlington County and most of the Jersey Shore, have no FiOS at all. Other than in the county seats, Verizon has not extended FiOS to any other towns in Ocean, Atlantic and Cape May Counties, reports the newspaper.

Verizon never promised New Jersey 100% fiber, comes the response from Verizon spokesman Lee Gierczynski. Instead of future expansion, Verizon will step up its efforts to get customers away from the cable company in areas where Verizon offers FiOS service. The company says it spent $4 billion on FiOS in New Jersey and it is time to earn a return on that investment.

But local communities have already discovered Verizon earning fringe benefits by not offering fiber optic service.

verizonfiosIn Laurel Springs, customers have largely fled Verizon for Comcast, which is usually the only provider of broadband in the area. A package including broadband and phone service costs less than paying Verizon for a landline and Comcast for Internet access, so Verizon landline disconnects in the town are way up.

Mayor Thomas Barbera discovered that once Verizon serves fewer than 51% of phone customers in town, it can claim it is no longer competitive and devalue its infrastructure and assets to virtually zero and walk away from any business property tax obligations.

“Once they skip,” Barbera told the Inquirer, “we don’t get [Verizon’s] best product, and then they say we can’t compete and we don’t owe you our taxes. It’s good to be king.”

Correction: With our thanks to Verizon’s manager of media relations Lee Gierczynski for setting the record straight, we regrettably reported information that turned out to be in error. The amended Cable Act that brought statewide video franchising to New Jersey never required Verizon to build out its FiOS network to every home in New Jersey where it offered landline telephone service. Instead, the agreement required Verizon to fully build its fiber network to 70 so-called “must-build” municipalities

Gierczynski also offers the following rebuttal to other points raised in our piece:

No one is disputing the fact that Verizon is spending less on its wireline networks.  The spending is aligned with the number of wireline customers Verizon serves, which has declined by more than 50 percent over the last decade.  The implication that this decreased investment is leading to a deterioration of the copper network is what is wrong. Over the last several years, Verizon New Jersey has spent more than $5 million just on proactive copper maintenance initiatives that have led to significant decreases in service complaints. The BPU’s standard for measuring acceptable service quality is the monthly customer trouble report rate – which is the best overall indicator of network reliability.  The BPU’s standard is 2.3 troubles per 100 access lines.  Over the last several years, Verizon’s performance across the state has consistently been below that standard, even in places in northwest and southeast New Jersey primarily served by copper infrastructure.  The 2014 trouble rate for southeastern New Jersey towns like Hopewell (0.3 troubles per 100 lines) and Upper Deerfield (0.34 per 100 lines) are well below the BPU’s standard.

Verizon is on track to meet its build obligations in those municipalities by the end of this year as statutorily obligated to do (not 2010 as you wrote) and also has deployed its network to all or parts of 288 other communities across New Jersey.   Today Verizon offers its video service to more customers than any other single wireline provider in the state.

 

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