AT&T customers in western Colorado are furious at AT&T for suggesting expensive phone upgrades were required to get back cell phone service that actually went out because of a cell tower failure.

Stop the Cap! first reported this story earlier this week, when Grand Valley customers discovered their cell phone service (and 2G data services) suddenly stopped working last weekend.  Customers lined up inside and outside the doors of AT&T stores in the Grand Junction area to get an explanation for the service disruption, only to be told their 2G data service had been discontinued and they’ll need to buy new phones to get their service restored.

An undisclosed number of customers signed new two year contracts and upgraded to smartphones — which carry a considerably upgraded price to cover the mandatory data plan that accompanies them.

But now AT&T says a cell tower failure was responsible for customers losing access to voice calling, and any disruption to 2G service will be temporary until the company completes shifting that data service to a different frequency band.

Now customers are complaining they were defrauded by AT&T store employees who emphatically told them no cell service outage existed in the area.

“Is that fraud,” AT&T customer Bill Somerville asked KJCT-TV. “Are they taking advantage of people by not giving them the information they should have gotten?”

“They categorically lied about the status of the service and [forced] people into a new contract and new equipment,” said AT&T customer Jay Anderson.

“If that is customer care, that’s not the customer care I’d like to have,” added Somerville.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KJCT Grand Junction ATT Customers Without Service And Definite Answers 9-21-11.mp4[/flv]

KJCT-TV talked to more angry customers who feel AT&T mislead them into signing expensive new two year contracts for new phones when a tower outage actually was responsible for the disrupted service.  (3 minutes)

Divided Loyalties? -- Mayor John Marks

A growing scandal involving AT&T and the mayor of the state capital of Florida has further exposed the link between AT&T’s pay-for-play public policy agenda and the politicians willing to act as puppets for the phone company’s interests.

Tallahassee Mayor John Marks strongly promoted an Atlanta nonprofit group to participate in a $1.6 million dollar federal broadband grant to expand Internet access to the urban poor and train disadvantaged citizens to navigate the online world, without disclosing he was a paid adviser to the group.

What the rest of the city never knew is that the Alliance for Digital Equality (ADE) is little more than an AT&T astroturf effort — a front group almost entirely funded by AT&T that actually did almost nothing to bring Internet access to anyone.

The Alliance for Digital Equality, a group supposedly focused on erasing the digital divide, spends an inordinate amount of time running radio ads under the alias of “Alliance for Equal Access” for competition in cable-TV… when that competition comes from AT&T U-verse. Listen to two radio commercials run in Georgia and Tennessee, both AT&T service areas, promoting legislation that was introduced at the behest of AT&T and promoted by ADE. (2 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

In fact, an investigation by a Tallahassee newspaper reviewing the group’s federal tax returns found four of every five dollars spent by ADE went to board members, consultants, lawyers, and media companies for the purpose of promoting AT&T’s agenda against Net Neutrality and for the company’s various business interests:

Marks also didn’t mention when he brought ADE to the City Commission in September 2010 that AT&T has been paying him since the early 1990s as a lawyer and consultant.

Tax returns for ADE show it got $7.36 million from AT&T from 2007 through 2009. Among its expenses, it spent $2.7 million on consulting and legal fees, $1.2 million on travel, $1.1 million on media and communications and $931,509 in pay to officers and board of advisers members.

ADE spent nothing on projects to provide Internet access to underserved areas from 2007-09. It wasn’t created to do so. The group’s mission, as reported to the IRS, was to advocate “technology inflows to underserved communities by interacting with elected officials, policymakers at all levels of government and private sectors.”

In those interactions, ADE presented the same message as AT&T in opposition to greater price regulation of the Internet.

View the 2007, 2008, and 2009 tax returns for the Alliance for Digital Equality yourself.

Some of ADE’s officers and board members are familiar to Stop the Cap! readers as loyal AT&T advocates.  Even worse, many of them routinely play the “race card” whenever AT&T’s agenda is threatened.  Take Shirley Franklin.  She is the former mayor of Atlanta, but these days her biggest constituent is AT&T.  Last August, Franklin helped lead an attack against Free Press, a consumer advocacy group, that she said “target[ed] women, African-Americans and other minorities” after the group complained about the ties between several civil and minority rights organizations and AT&T.

ADE unsurprisingly is also all-for the merger of AT&T and T-Mobile

Julius Hollis, chairman and founder of the Alliance for Digital Equality, was even more strident.

“I am extremely disappointed in the Free Press, not only in its policies and tactics that they are attempting deploy in their strategy paper, but equally disturbing are its attempts to portray the African-American and Latino consumers as expendable in their efforts to promote Net Neutrality,” Hollis said last year. “In my opinion, this is going back to the tactics that were used in the Jim Crow era by segregationists. It’s no better than what was used in the Willie Horton playbook by Lee Atwater who, upon his deathbed, asked for forgiveness for using such political behavior tactics.”

Stop the Cap! exposed ADE ourselves as a “dollar-a-holler” advocate in August 2010 when we learned the majority of the group’s funds came from AT&T.

Anne Landman, managing editor of the Center for Media and Democracy, told the Tallahassee Democrat the purpose of groups almost entirely sponsored by a single corporate interest is to obfuscate the messenger. “It’s a nontransparent way of operating,” she said. “People don’t know who’s behind these efforts. So it’s fake, and it’s phony, and it gives people wrong information. It’s designed to purposely fool people.”

The newspaper spent months trying to track down financial reports, tax filings, and other documentation about the group, and ran into repeated resistance.  At one point, written requests sent to the group’s headquarters in Atlanta were returned unopened and marked “refused.”

ADE’s corporate influence is bad enough, but when the group uses race, gender, and economic cards to attack real public interest groups, it raises eyebrows, particularly when the group doing the attacking is financed by a corporate entity.  The Black Agenda Report, a website that can hardly be accused of racism, called out Franklin and the organization she represents.

The newspaper’s investigation also found all of ADE’s employees were actually independent contractors.  Non-profit group experts claim the entire structure of ADE is unusual because it funnels all of its money through contractors.

Tallahassee Mayor John Marks is apparently one of them, having received $86,000 as a member of ADE’s board of advisers in addition to AT&T paying him directly as a lawyer and consultant.

With the recent revelations, Tallahassee’s broadband grant is now in ruins and will be returned, unspent.  Marks is reportedly under investigation by the FBI for potential corruption.  And another AT&T astroturf effort has been exposed and has blown up in the company’s face.

[flv]http://www.phillipdampier.com/video/WCTV Tallahassee Mayor Under Fire Over ATT-ADE Ethics Scandal 3-29-11 – 9-15-11.flv[/flv]

Stop the Cap! has compiled almost a year of coverage of the burgeoning scandal in the Tallahassee mayor’s office, courtesy of WCTV-TV, which has doggedly pursued the scandal with assistance from its news partner Tallahassee Reports.  (10 minutes)

According to Edmonton city Councillor Kerry Diotte (11th Ward), Rogers Communications told him the company needs up to 1,000 new cell towers in the Edmonton area alone to meet the growing demands from cell phone, smartphone, and tablet owners who are putting pressure on the company’s wireless network.  That’s a number Rogers disputes, but regardless of how many towers eventually get erected, few residents want to live next door to one.

Diotte is caught in the middle of a major, some say inevitable, fight between the telecommunications giant and homeowners living near the proposed home of a new 25 meter cell tower that is as tall as an eight story building.

Diotte

Diotte attended a heated public meeting Tuesday evening between residents of Hazeldean and Rogers officials over plans to place the new monopole antenna right in the center of town in a residential district.

“I will absolutely bring everything that I can to try to stop this,” Diotte told CTV Edmonton. “It’s the will of the people in this ward.”

CBC Radio in Edmonton explored the cell tower controversy in Hazeldean back in July when Rogers first announced plans to erect an 82 foot monopole cell tower at a local senior’s center. Rogers says increased demand requires the company to place new cell towers in residential neighborhoods to meet demand. July 14, 2011. (7 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Rogers officials found themselves shouted down at times during Tuesday evening’s meeting, as dozens of residents complained the new tower would reduce property values and could pose a health risk.  At least one resident wants Rogers to pay moving expenses to allow her family to leave the area before the tower is built.

Hazeldean residents say a better spot for the antenna would be in an industrial neighborhood a few blocks away.

Rogers Communications says wireless data demands are growing exponentially, and constructing new cell towers improves reception, data speeds, and divides up the increasing load of data traffic on their network.  Unfortunately, cell towers are increasingly required where customers live, work… and use their wireless devices.

For the immediate future, Rogers has plans for 20 new cell towers in Edmonton, a number dwarfed by their competitor Telus, which has plans to install 80 new cell towers across the province this year.

Industry Canada has the final say on whether Rogers will ultimately win approval to place its proposed cell tower in Hazeldean.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Edmonton Residents Upset Over Rogers Cell Tower 9-21-11.flv[/flv]

CTV Edmonton covered the Hazeldean cell phone tower controversy and spoke with a city councilman who shared Rogers told him they would need another 1,000 cell phone towers in the Edmonton area alone to meet growing demands for cell phone users.  (5 minutes)

Burlington Telecom offices in Burlington, Vt.

Citibank has sued the city of Burlington, Vt., and the city’s legal firm demanding municipal-provider Burlington Telecom hand back their fiber-to-the-home network and pay damages in excess of $33.5 million dollars.

Citicapital, which owns the equipment that operates Burlington’s community network, says Burlington Telecom has defaulted on their lease payments, and has demanded the city “de-install and return” the fiber network — everything from set-top boxes and in-home wiring to ripping fiber cables directly out of underground vaults and off telephone poles.  Citi also wants BT’s vehicle fleet turned over to them.

Burlington Telecom has been a poster child of poorly-planned and implemented city-owned broadband, and a series of financial and operational scandals led state investigators to consider criminal charges for misappropriating taxpayer funds to sustain the network.  While prosecutors ultimately declined to file charges, the resulting scandal in the mayor’s office has left the city with a network it stopped paying for, and the potential much of it could be auctioned off to the highest bidder, which could turn out to be Comcast or FairPoint Communications.

Citicapital claims the city has not made a direct lease payment since November, 2009.  The bank had been drawing down funds deposited in a special escrow account the city was required to open as part of the lease-to-purchase transaction.  That account has also run dry, and the bank claims it has received no payments since May of 2010.

Citibank’s attorneys filed suit:

“BT continues to use Citibank’s equipment and vehicles unlawfully and without its permission and continues to depreciate the value of Citibank’s assets in order to generate revenue for itself,” the bank’s attorneys charged.

Citibank wants a judge to award punitive damages in excess of its remaining loan balance “because Burlington’s intentional breach of the agreement amounts to a reckless or wanton disregard of Citibank’s clear contractual rights.”

“It’s ironic that a bank that received a taxpayer-financed multi-hundred-billion-dollar bailout now wants taxpayers in Burlington to pay them excessive damages,” shares Stop the Cap! reader and Burlington resident Joe, who shared the story with us.  “I think we should be calling it even after three years of big bank bailouts.”

The lawsuit has city residents worried because attorney fees, and any resulting damages or settlement agreement with the bank, will likely run well into the millions of dollars.  Every month the city remains in arrears, Citibank’s agreement calls for at least $235,000 in missed payment fees and interest.  Taxpayers will likely cover most, if not all of that amount.

“I don’t think anybody should be surprised,” City Councilor Paul Decelles, R-Ward 7 told the Burlington Free-Press. “I always believed this day was going to come. Now we have enormous mess on our hands.”

Citibank wants their fiber back.

Christopher Mitchell from Community Broadband Networks notes Burlington Telecom was an aberration in a country with many successful community-owned broadband networks.

“We have watched in dismay as Burlington Telecom transitioned over the past four years from a model community network to the worst case scenario,” Mitchell wrote on the group’s blog. “This situation proves only that community networks can suffer from bad management in some of the many ways private telecom companies can suffer from bad management (resulting in anything from bankruptcy to prison).”

“Communities can learn lessons from Burlington’s situation — chief among them that transparency is important,” Mitchell observed. “As with other public enterprise funds, the operation should be regularly audited and oversight must be in place to catch errors early, when corrections are easier and less costly.”

Among Burlington Telecom’s problems included overpriced, uncompetitive broadband service that never took full advantage of fiber’s speed and versatility.  Earlier news accounts included speculation BT had trouble securing sufficient connectivity with a backbone provider to sustain faster speeds, but it left the company at a competitive disadvantage against incumbent cable operator Comcast.  Burlington Telecom also failed repeatedly to build community support to establish a firewall against frequent political shots fired at the network as it became a partisan hot potato.

The city promises a “vigorous defense” against the lawsuit, and observers suspect a judge will not order the city to shut the network down, because it would cease the only revenue stream the company generates that could be used to pay a negotiated settlement with the bank.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WCAX Burlington Citibank Sues BT 9-20-11.mp4[/flv]

WCAX in Burlington explores how much of a case Citibank has in its lawsuit against the city and its attorneys over Burlington Telecom.  (4 minutes)

A Tampa woman claims that a cable installer who engaged in alleged inappropriate sexual conduct has left her traumatized for life, and she may end up moving to cope with the bad memories that she cannot escape.

Katelyn Breadmore broke her silence Tuesday in an exclusive interview with WWSB-TV in Sarasota-Bradenton, Fla.

Breadmore told the station she has trouble sleeping at night and dreams that the installer is hiding in her closet.

Since Stop the Cap! originally reported this story, new facts have come to light:

Comcast has released a statement indicating the accused installer, Shane Wheatley, is not a Comcast employee.  He is a contractor working for FTS Communications, a third party company hired by Comcast to handle installations and other customer service work.

“We are appalled by the alleged behavior of Mr. Wheatley and can confirm that he is no longer working on any Comcast accounts. Comcast is prepared to cooperate fully with authorities in their investigation if asked,” said Bill Ferry, Regional Vice President of Government Affairs, Comcast Cable.

The Sarasota County’s Sheriff Office also reported Wheatley was charged after a lengthy investigation which included at least one failed lie detector test — a test Wheatley demanded.

A trial date for Wheatley has not yet been announced.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WWSB Tampa Victim speaks about cable man’s lewd behavior 9-20-11.mp4[/flv]

WWSB aired this exclusive interview with a Tampa-area woman who says a contractor working for Comcast left her traumatized for life.  (3 minutes)