FCC Chairman Julius Genachowski

FCC Chair Julius Genachowski announced a proposal that would prevent cable, wireless and telecommunications companies from blocking certain information on the Internet. A panel of industry analysts then discussed the concept called “net neutrality,” along with their ideas for improving broadband access.

Event Information

When

Monday, September 21, 2009
10:00 AM to 12:00 PM

Speedy internet connections have yet to take off in many parts of South Africa because of a shortage in bandwidth.

One leading internet provider says it is not to blame for the slow connection, but frustrations have led one IT group to adopt an unusual method of delivery.

Al Jazeera’s Haru Mutasa reports on the pigeon that beat the internet in Johannesburg.

Service providers across the continent blame the expensive and slow Internet reality for much of Africa on a shortage of connectivity, particularly between Africa and the rest of the world. One African-owned firm, Seacom hopes to change that with the introduction of a new fiber optic cable that went live in July. The new connection enhances service between much of East Africa, including South Africa, Tanzania, Kenya, Uganda and Mozambique. The cable also provides a new path to reach Europe and Asia at speeds superior to what used to be common across Africa.

But while bandwidth may slowly be on the increase, savings are much harder to find. Businesses routinely pay $600 per month for 1Mbps service. But some providers suggest that does represent savings. Satellite service at the same speed is priced at an average of $3,000 per month.

Consumers in South Africa find broadband pricing very high, with most relying on Telkom, the nation’s primary phone company, for DSL service. Usage caps are prevalent across the continent as well, stifling the development of African broadband services and making services like online video all but unaffordable.

Africa's Internet Connectivity

Thanks to Stop the Cap! readers Jeff, Bones, Terry, and a few others who let us know about this story.

Back in the mid-1980s, I first got involved in the fight against the cable television industry’s consumer abuses.  Cable had gotten cocky, and began to use their monopoly position to extract ever-increasing amounts of money from consumers, providing lousy service and engaged in anti-competitive abuse all over the marketplace.  Back then, competition for the overwhelming majority of consumers came from just one place – giant 10-12 foot satellite dishes.  These were the days before Direct Broadcast Satellite providers like Echostar/DISH and DirecTV (and PrimeStar, the cable industry’s own satellite provider that claimed to ‘compete’ with cable) provided competition to cable.

In the mid and late 1980s, your choice was a giant TVRO (TV-Receive-Only) satellite dish in the backyard or you hooked up to cable.  A tiny handful of communities had wireless cable, a service that was supposed to compete with cable but was seriously limited in channel capacity (in many communities, wireless cable ended up providing access to ‘adult’ content that cable wouldn’t carry as their biggest selling point) and quickly faded from view by the mid 1990s.

The abusive practices were all over the place back then:

• Cozy arrangements between cable companies and local governments resulting in outright bans of satellite dishes for aesthetic reasons, using zoning laws either prohibiting their installation or requiring landscaping to hide them from view (to the neighbors and to the satellites they were trying to receive, making them useless), or requiring expensive permit fees;
• A rush to scramble/encode satellite signals and then require consumers to purchase, outright, a costly descrambler from General Instruments called the VideoCipher II for $399 (or have it incorporated within a satellite receiver that typically cost $800-1000 and was available only for purchase), only to be replaced a few years later by the VideoCipher II+ (which consumers were also forced to purchase).
• Cable companies, which had ownership interests in most cable networks (which was nearly a pre-condition for getting your network on cable systems), often had exclusive rights to sell that programming, and frequently provided it “only on cable” or to satellite customers who could not subscribe to cable.  Some networks refused to sell to competitors, including dish owners, at any price.
• Anti competitive pricing was by far the biggest problem.  Prices for programming packages encrypted on satellite were sold to consumer dish owners in small or large bundles at pricing comparable or above what cable subscribers paid, despite the fact all of the costs to provide, install, and service reception equipment were borne by consumers.  No cable TV company overhead, no infrastructure or staffing and support costs, yet satellite dish owners were expected to pay the same high costs that cable subscribers paid, and also purchase their own equipment.  That was quite an investment: a 12 foot dish, satellite reception equipment, decoder, and installation routinely ran well over a thousand dollars, depending on the equipment and installation complexity, and that was before programming costs were factored in.

Rural consumers really got the short end of the cable stick, not able to buy cable even if they wanted to, and forced to spend big money, upfront, just to get satellite TV.

That inspired the consumer groundswell of support for legislation to stop the abuses, which overrode a White House veto by President George H.W. Bush.  Among other things, the Cable Act of 1992 put a stop to exclusive programming contracts which denied competitor access to cable networks.

Without that legislation, there would be no DirecTV or DISH today.

Now the cable industry is back, high-fiving over their victory to have the 30% ownership cap dispensed with, and are now taking on the next provision of the 1992 Cable Act they don’t like — the ban on exclusive programming contracts.

That’s right, it’s Back to the Future as Comcast and Cablevision take their legal business to the same friendly DC Court of Appeals that savaged the 30% cap, now seeking an immediate repeal of the exclusivity ban as well.

Oral arguments start September 22nd.

Most amusing of all is the argument made by Comcast and Cablevision, who claim despite the time and attention they are spending on overturning the law, not to mention the legal expense, the practical effect of an end to exclusivity bans would be… absolutely nothing.

“Widespread withholding is now implausible,” said the attorneys in the filing. “[T]here are proportionally fewer services to withhold. The limited withholding that may still occur will not threaten competition: most vertically integrated services have closely similar substitutes, and, when competitive MVPDs [multichannel video programming distributors] have sunk massive investments, withholding can no longer cause market exit.”

That’s right.  Big cable companies throw money away on attorneys who will presumably fight this case and the inevitable appeals for the next few years for no practical change whatsoever in the current competitive landscape.  The believe people will accept that an industry that had to be forced by regulation to compete on a level playing field will continue to respect that playing field once they plow it up.

Just trust us.  We’re your cable company.  You love us.

So it could be “nothing” as they suggest, or it could be a defensive response to challenges of their business plans from telephone company TV and online video competition.  Would you subscribe to a competitor that didn’t offer the networks you wanted to see because they were “exclusively” available only from the cable company?

Be it usage caps, consumption billing, exclusive contracts, “price protection agreements” that hold customers in place for 12-24 months (or longer), the war to keep consumers from choosing when, where, and how they access content is becoming fully engaged.

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Satellite television in the mid-1980s was highlighted by Granada Television

It’s bad enough when service providers overcharge us for service we use, but it’s even worse when they bill you for services you don’t.

Verizon Wireless may be looking at millions of dollars in refunds for customers who got dinged $1.99 monthly fees on their Verizon Wireless bills labeled mysteriously as “Usage Charges, Data.”

Two dollars on a phone bill that typically exceeds $50 or more is likely to be missed by a lot of consumers skimming the fees, surcharges, taxes and other impenetrable charges that get tacked on to your monthly service.  Even worse, since Verizon charges a fee for a printed bill, most customers never even bother to look at the electronic online bill beyond the general e-mail notification received each month letting you know it has arrived.  But some Cleveland-area residents did bother to take a look, and they didn’t like what they saw:

The Money Matters column chronicled the writer’s six-month ordeal with $1.99-per-month data charges and the possible causes given by Verizon’s customer service workers. All, it turned out, were wrong or only partly true.

More than 400 Plain Dealer readers responded to the newspaper with complaints similar to the ones in the column. The readers collectively pay for more than 1,000 phone lines. In addition, calls to customer service and visits to Verizon stores increased noticeably after the column.

Take a look at your bill

Where to look for the data usage charge: The first page of your bill should have a section labeled “Quick Bill Summary.” Look under the summary for “Usage Charges, Data.”

What to do if you spot an error
Call Verizon customer service (800-922-0204) or visit a full-service store to investigate the charges and ask for a credit.

If Internet usage is the issue, ask technical support to track down the Web sites visited, and dates and times.

If premium text messages are the issue, determine whether you have applications that are downloading information automatically. Go to your “menu,” then click “media center.” You may need Verizon’s help determining what applications cost money.

You can block features you don’t use and don’t want to be charged for by accident, such as Internet access or the weather forecast. Access your account online, call customer service or visit a store.

At a minimum, thousands of customers apparently have been charged $1.99 per month for Internet “data usage” even though they had not tried to go online. In some cases, customers were charged when their phones were off, the batteries were dead, the phone’s Internet access was blocked or even when the phones didn’t have the software to go online.

One clue might be customers who inadvertently accessed the Internet browser just for a few seconds by mistakenly pressing the wrong keys on the phone.  Even a momentary activation of a Mobile Web service could generate the access fee, even if you hit the “end” key on the phone within seconds.

Frustrated customers catching the charge on their bills each month then have to pursue the ordeal of contacting customer service to have the charge removed, and frequently run into misinformed customer service representatives who argue the fees are valid for services customers don’t even have, or are offered free of charge by Verizon Wireless.

Some readers say they’ve been battling the charges for more than a year. Most said they’re tired of calling Verizon month after month. Some were irate because they’d punished their children because they wrongly believed the kids had gone on the Internet. One reader said his mom’s phone was charged for Internet access – weeks after the mother had died and her phone sat idle in her empty home.

Karen Fullerman of Twinsburg is typical of customers who complained to The Plain Dealer last week.

Fullerman has three phone lines; two are for her 23-year-old twin daughters. Fullerman has been charged $1.99 on one or two phones every month. And sometimes there’s an extra $9.99 download fee. Fullerman, who recently lost her job, said every dollar counts these days.

She insists that none of the three has gone on the Internet. And she said Verizon has told her repeatedly that the company has blocked the phones’ ability to go on the Internet – yet the Internet charges continue.

The same is true for James Grega of Brunswick, whose four phone lines with Verizon have been getting charged sporadically for about four months.

“The phones are still being charged after I had them blocked,” Grega said. “Their assurance that the $1.99 charges would stop has been a joke.”

Now, some customers who have repeatedly been credited for erroneous charges are being denied for future requests, and that is partly what prompted The Plain Dealer to get involved.

Verizon Wireless claims to be investigating the problem and promises customers full credit, assuming they specifically request it.  Therein lies a major problem for consumers, one that benefits providers with billing problems.  Consumers frustrated by long hold times or the aggravation of requesting credits may forego doing so, providing a windfall for the service provider based on a billing error.

Roger Tang, a regional vice president for Verizon, told The Plain Dealer it would resolve accidental web browser access when consumers hit the wrong buttons on their phones.  The default home page for most Verizon phones is Verizon’s own web page.  The company will make visits to that page exempt from Internet time charges “as soon as possible.”

[flv width=”320″ height=”240″]http://www.phillipdampier.com/video/WMAR Baltimore Verizon Wireless 199 Mystery Fee 9-8-09.flv[/flv]

WMAR Baltimore ran a Scam Alert on Verizon Wireless Overcharging (9/8/09)

Competition does occasionally bring lower prices, but only to those who threaten to abandon their current provider to take their business elsewhere.

Residents in several suburbs of Syracuse, New York have learned that trick as Verizon nears the launch of FiOS service in their area, and the result is significant savings of more than $240 a year, just for the asking.

“Where we find the competition really paying off is for those consumers who might already be with Time Warner,” Doug Williams, a Cambridge-based analyst with Forrester Research told the Syracuse Post-Standard.  “People whose promotional deals are ending are often able to get a sweet deal with nothing more than a phone call and a mention of the word “FiOS.”

It worked for Doug himself up in Boston, where his mother is served by Comcast:

Doug Williams had a fool-proof plan for his mother-in-law to get at least $20 knocked off her cable bill: Call the cable company and tell them Verizon FiOS television was in her neighborhood.

It worked without a hitch. The operator looked up her address, then gave her a discount without any hesitation. Williams’ family lives in the Boston area, where Verizon’s fiber optic television service is the first real competition to the area’s entrenched cable provider, Comcast.

The Syracuse suburbs of Clay, Cicero, East Syracuse, North Syracuse and Fleming already have, or will soon have access to FiOS.  The towns of DeWitt and Salina last week approved franchise agreements with Verizon to provide the service, and Camillus approved the franchise agreement on August 25.

The addition of the Camillus television franchises brings to 161 the total number of New York municipalities that have authorized Verizon to provide FiOS TV service.

The company is in the process of building and installing the necessary video equipment in local central offices in the central New York region, and anticipates that FiOS TV service will be turned on for new customers in
municipalities there in the fall.

[flv width=”296″ height=”222″]http://www.phillipdampier.com/video/WSYR Syracuse FiOS Coming to CNY.flv[/flv]

WSYR-TV Syracuse covers the announcement by Clay officials of Verizon’s first franchise agreement in the area. (3/16/2009)

Time Warner Cable has been preparing for Verizon for at least a year, starting with complaints about how the franchise agreement was handled in Clay, where Time Warner officials claimed they were given insufficient notice to review the franchise proposal.  That claim was brushed aside by the New York Public Service Commission, which has a history of rubber stamping franchise proposals anyway.  Time Warner has had little to say about other franchise agreement negotiations since.

The cable company has also been wringing its hands about fears Verizon’s construction crews will be digging up their customers’ lawns, making a mess, and accidentally interrupting service for their customers.  Time Warner’s concerns may have come in part from a WSYR-TV report back in June highlighting the frustrations of Clay residents who have been inconvenienced by Verizon’s slow work in their area.  But most consumers welcome the competition.

[flv width=”296″ height=”222″]http://www.phillipdampier.com/video/WSYR Syracuse Preparing for FiOS.flv[/flv]

WSYR-TV Syracuse highlights the plight of Clay residents running out of patience as Verizon wires their community for FiOS. (6/4/09)

“People are excited. It looks like there will be an opportunity for choice,” Cicero town supervisor Chet Dudzinski told the newspaper.

Verizon FiOS installation crews start to wear out welcome in Clay, N.Y.

Time Warner claims it’s not worried by the competition, noting it successfully competes in many other FiOS-wired communities.  But Time Warner’s marketing efforts have changed with the looming threat of competition.  First, the company brought a “price protection agreement” to the area, trying to lock in existing customers to a lengthy contract before the competition arrived, limiting their chances to switch providers.  Then the company embarked on a major HD channel expansion, quickly bringing Syracuse residents more than 100 HD channels.  Time Warner promoted their heavy emphasis on local sports programming, touting Syracuse University football and basketball games, and local high school sports coverage.

Verizon shot back they will feature more than 115 HD channels, and 70% of their 15,000 videos on demand are available for free.  Verizon also will carry many Syracuse sports events, and will also bring NFL Network and ESPN 360 to the area, services Time Warner has refused to carry.

Consumers enjoy the competitive choice, and with the possibility walking their cable and broadband service to the “other guy” across town, will be able to leverage some additional savings off their service.

For Syracuse city residents, the wait will be somewhat longer.  City officials are wrangling over the kinds of public access programming and service policies Verizon will be required to provide before they will negotiate a franchise agreement with them.  The foot dragging may last a year or longer, as the city will vote Monday on whether to spend $30,000 of taxpayers’ money just to ascertain what the city needs from Verizon when negotiations begin.  City residents who want competition now may want to inform their elected officials spending $30,000 to “study” the issue is just a tad excessive, especially considering The Google provides ample information, for free, about what other communities across the northeast have accomplished as part of their negotiations with the dominant phone company in the region.

Verizon’s complete list of franchises in New York state is below the jump.

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