Stop the Cap! readers Tom and Scott both sent word that the music industry, Hollywood studios, and your Internet Service Provider have teamed up to begin inspecting your downloading activity looking for evidence you are grabbing illegal, copyrighted content from the Internet.

ISPs ranging from Comcast, Verizon, Time Warner Cable, Cablevision, and AT&T are installing the “Copyright Alert System,” an industry-approved “solution” to copyright theft of online content.  Your ISP will receive word if either the music or movie industry suspects you are trying to download an episode of your favorite TV show or latest Hollywood film from an “unauthorized” download site.  Then, the ISP will start sending you warnings or redirect your web browsing to Alert Purgatory, the place where you learn you are suspected of copyright theft, but haven’t yet been convicted for it.

If you don’t contact your ISP straight away to protest your innocence, your provider may then begin redirecting all of your web journeys to the copyright theft warning website and leave you there until you convince your ISP you are not doing anything wrong.

The voluntary agreement between service providers and copyright owners delivers very little to consumers, despite protestations to the contrary by the cable industry lobbying group — the National Cable & Telecommunications Association.

“Consumers have a right to know if their broadband account is being used for illegal online content theft, or if their own online activity infringes on copyright rules—inadvertently or otherwise—so that they can correct that activity,” said James Assey, executive vice president of the NCTA.

Innocent or not, consumers who wish to seek an independent review before their ISP redirects every web address to the enforcement page, can get one — for the low, low price of $35.

Where that money ultimately goes is anybody’s guess, and nobody yet understands the exact mechanism of how consumers can prove their innocence.

Stop the Cap! believes this system does not serve consumers well.  Copyright enforcement measures taken by the music and movie industry in the past have proven to be far from well-targeted, using a “sue first, ask questions later” approach that has cost some consumers thousands of dollars to settle threatened litigation that would have cost far more to defend in court — guilty or not.

YouTube videos cited for copyright enforcement claims may irritate those who uploaded them, but never put YouTube visitors at risk of the Copyright Alert System just for landing on one that a studio executive deemed copyright theft.  Forcing a consumer to pay $35 to defend themselves from watching that New Order music video from the 1980s is simply unacceptable.

Copyright theft is a serious problem, and we don’t blame content owners for seeking to protect what is rightfully theirs.  But as we have learned over the last 20 years, overzealous protection measures have always backfired.  Openly available, legally accessed content from sites like Hulu have put a major dent in illegal downloading of entertainment from torrent sites and file hosting providers.  It’s more convenient, and the studios sell well-tolerated advertising to help pay for the costs.

Solutions like that are far superior than spying on web traffic looking for “illegal downloads” using unknown mechanisms which could prove as unreliable as earlier copyright enforcement efforts.  In the past, profit-making companies with an incentive to identify “theft” have been hired to ferret out those suspected to stealing online movies and music.  With a financial motive to lean towards guilt before innocence, subscribers confront the very real possibility they’ll have to pay $35 to try and prove a negative – that they didn’t engage in illegal downloading.

One of the “benefits” AT&T’s lobbying team claims will come with a merger between AT&T and T-Mobile is improved wireless service for rural America.

But an investigation into T-Mobile’s urban-focused coverage, and AT&T’s own recent rural past prove those claimed benefits simply don’t make any sense.

Although rural and small town America is increasingly aware of AT&T, that comes mostly from the company’s recent acquisitions, not from mass expansion projects to blanket rural America with AT&T iPhones.  AT&T has been on a shopping spree for smaller regional wireless carriers for the last five years, picking up resources through acquisition, not from independent investment.  But a buyout of T-Mobile will bring no new assets for AT&T’s presence in rural America.  It will simply reduce competition in larger communities the same way AT&T cut out competitors in rural markets.

Just ask customers of Dobson Cellular.  In 2007, AT&T bought the rural provider, doing business as Cellular One, for $2.8 billion dollars and converted customers to AT&T.  Dobson was the largest cell phone company around in Alaska and rural Michigan.  In fact, the company provided roaming capability to customers of AT&T and T-Mobile who ventured into the rural areas Dobson specialized in serving.

After the conversion, did service improve for the newly acquired AT&T customers?

“No way,” says ex-Cellular One customer Jim Duncan who lives in a former Dobson service area in Michigan. “AT&T ruined cell phone service when they got here with dropped calls and phantom busy signals, turning a friendly local-focused company into one where you are just an account number reaching some national call center.”

Duncan says AT&T never cared one bit about rural Michigan before buying Dobson, and in his view, still doesn’t.

“Smaller markets are an afterthought for AT&T and T-Mobile has zero impact (and customers) in my area, so I have no idea what great improvements a merger will bring to our part of Michigan that neither company paid much attention to,” Duncan says.

That same year, AT&T also grabbed spectrum worth $2.5 billion with its acquisition of Aloha Partners, which spent time at FCC auctions buying up 700Mhz spectrum and then eventually reselling it at a profit to wireless carriers.  AT&T didn’t just buy some of Aloha’s spectrum, it acquired the whole partnership.

In April 2008, Edge Wireless customers in southern Oregon, northern California, southeastern Idaho and Jackson, Wyoming discovered they were well on their way to becoming AT&T customers, too.  AT&T acquired Edge and rebranded it AT&T. That hardly represents investment and dedicated expansion into rural Rocky Mountain states — AT&T simply bought up another company that did.

Also in 2008, AT&T snapped up Centennial Communications, a considerable-sized regional player in the central United States.  Centennial delivered service in less urban areas in Indiana, Ohio, and Michigan in the north, and Louisiana, Texas, and Mississippi in the south.  One million customers, Centennial’s spectrum and name all became part of AT&T.  Did service improve for Centennial customers with that merger?

“Overall, it stayed the same when it was Centennial and switched to AT&T,” says our reader Kevin, who now lives in Ft. Wayne, Ind.  “We did get access to the iPhone, but along with it came AT&T’s infamous dropped calls and lousy customer service.”

Kevin switched to Verizon Wireless earlier this year.

“If I was the FCC, I wouldn’t approve this merger because it promises nothing for rural America or anyone else,” says Kevin. “AT&T had a presence in Indiana before they bought Centennial, so all the deal did was reduce competition in this state.”

Centennial’s service areas were not exactly among T-Mobile’s priority coverage areas, either.

“T-Who?,” Kevin asks.  “We’re aware of them now, but I don’t know anyone who has service with them.”

The real unanswered question is what AT&T is doing with all of the rural spectrum it already owns, controls, or has acquired.  How will an acquisition of an urban-focused carrier help deliver improved service in the rural markets both companies have traditionally ignored?

Answer: It won’t.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WANE Ft Wayne Centennial Joins ATT 10-09 and 02-10.flv[/flv]

WANE-TV in Ft. Wayne, Ind., covered the merger of Centennial and AT&T back in 2009 and early 2010.  Fort Wayne was the home of a major regional office for Centennial.  (4 minutes)

 

[flv width=”490″ height=”380″]http://www.phillipdampier.com/video/RT ATT Buys Support from Non-Profits 6-10-11.flv[/flv]

It’s a bad day for American television journalism when Russian State Television manages to tell viewers the facts about the merger of AT&T and T-Mobile that American networks ignore.  Russia Today is Moscow’s external television service, and delivers English language news to a global audience.  Public Knowledge’s Art Brodsky gets to tell RT viewers the real facts about dollar-a-holler groups advocating for AT&T,  a story American networks might not want to share with AT&T ad dollars at risk!  (7 minutes)

AT&T’s record of delivering reliable landline service has remained an open question for Bakersfield, Calif. residents for more than six months, as repeated outages leave several AT&T landline customers without access to a dial tone.  Even worse, some of the customers impacted have been left without any phone service for weeks on end, including one woman whose life literally depends on a working phone.

Andrea Williams, who lives alone in her Bakersfield home, suffered a stroke and has a heart condition — making access to a phone absolutely essential to her well-being.  Williams is also legally blind, making a cell phone an insurmountable challenge.  Instead, Williams says she has memorized the location of the buttons on her long-standing cordless landline phone, a phone that was out of service just after Christmas and largely stayed that way for three weeks.

Despite having made numerous calls to AT&T trying to get the problem corrected, Williams says no one from AT&T ever showed up.  It took an investigative report from Bakersfield’s KGET-TV newsroom to finally get AT&T to respond.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KGET Bakersfield ATT Phone Lines Crossed 12-29-10 and 1-10-11.flv[/flv]

Back in December, AT&T in Bakersfield left hundreds of customers without service or cross-connected with other customers’ phone lines.  It all culminated three weeks later in one health-challenged resident breaking out in tears when local TV station KGET finally helped get her service restored.  (5 minutes)

Fast forward to late June, and AT&T’s reliability is again up for a challenge, as some residents in the unincorporated community of Glennville, 30 miles north of Bakersfield, are fed up with repeated outages, even after eight families collectively paid $16,000 to AT&T to extend wired phone service and broadband to their neighborhood.

Around the same time Williams was experiencing problems with her phone line in December, residents in Glennville began experiencing repeated outages of their own.

“I think from December to January, it was 15 times it went out,” said resident Ray Schill.  “From February to now, [the lines have been out] another 10-15 times.”

Residents in Glennville are especially concerned because they cannot count on their landlines, and cell service is spotty to non-existent in the area.

“My major concern is we’re going to have a big problem up here — someone is going to be ill, we’re going to have a fire, someone’s going to die — who is liable,” Kathryn Ervin, a Glennville resident told KGET News.

What happens when residents call AT&T for help?

We get the runaround, says Schill, with promises extending through the months of May, June, and now July 15.

Schill doesn’t hold much confidence in AT&T’s promises, especially after the company responded to an inquiry from the state’s Public Utilities Commission which culminated in his complaint being closed-as-resolved.

Once again, KGET-TV was on the case for the benefit of its viewers, and reporter Kelsey Thomas received a remarkable response from AT&T — the company “couldn’t handle the number of people using the phones in Glennville.” (population: 280)

The company promises to “upgrade its software” to resolve the problem, but could not give Thomas a time frame for when that would be complete.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KGET Bakersfield Folks in Glennville fed up with ATT 6-27-11.mp4[/flv]

KGET-TV gets involved with AT&T once again, this time to help hundreds of residents of Glennville, Calif., who are also experiencing trouble with the company’s landline service.  (3 minutes)

While AT&T and Verizon trade customers back and forth and enjoy fighting it out for “number one” in wireless service, smaller providers like Sprint are finding it increasingly difficult to compete with its two larger competitors, who have access to the best phones, most coverage, and don’t need to discount prices to attract new customers.

Forbes’ financial blog shares its impressions of the anticipated financial performance of the three biggest players in the U.S. market:

AT&T: Still the financial darling of Wall Street, AT&T will see some pressure on earnings from its integration of acquired assets of Alltel Verizon sold to win approval of its merger with the smaller carrier a few years ago.  Since Alltel’s network used CDMA technology, AT&T had to supply free new phones to every customer it acquired, as the GSM network it operates is not compatible.  AT&T is also still dealing with a slow bleed of iPhone customers departing for Verizon as contracts expire.  It will be interesting to see if Verizon’s imminent end of “unlimited smartphone data” will create a last minute rush from AT&T to VZW before Verizon terminates its unlimited data plan Wednesday night.

Verizon: Verizon will achieve the top spot for the number of new customers it has added during this quarter, mostly from new iPhone users.  The end of “unlimited data” could mean increased “average revenue per user” if new customers have to pay for a pricier data plan, but some analysts are keeping a “neutral” rating on Verizon’s stock, concerned about the margin squeeze created when Apple releases iPhone 5 this fall.  Customers off-contract or nearing expiration could jump for the new phone.  With the subsidy Verizon provides to new iPhone owners, it could bring down margins.

Sprint: The biggest challenge remains with the number three carrier Sprint, which had been picking up disaffected customers from AT&T, Verizon, and even T-Mobile.  That growth has since slowed, and now the company is depending on increased revenue from price hikes, especially on smartphones which now carrier a $10-higher price tag.  But Sprint is aggressively trying to hold the line on customer defections, sometimes approaching “giving away the store” in order to keep customers from leaving for AT&T or Verizon.  In addition to accelerating free/discounted upgrades to new smartphones, the company has also increased the number of calling minutes for its Everything Data plan from 400 to 750.

Sprint’s distant-third position requires the company to price its service plans more aggressively than its larger competitors, especially to counter the image it runs a smaller network with less-reliable coverage.  If AT&T succeeds in acquiring T-Mobile, the dominance of AT&T and Verizon will become even more solidified, threatening Sprint’s position as a viable alternative to the larger two.  That could leave Sprint in the difficult position of trying to finance upgrades even as it has to heavily discount service to keep its current customers loyal.

[flv]http://www.phillipdampier.com/video/CNBC Sprint Going the Distance 4-28-11.flv[/flv]

On April 28, Sprint Nextel CEO Dan Hesse talked with Jim Cramer about his initial impressions of the announced AT&T/T-Mobile merger and how Sprint would cope with it.  (9 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Sprint Nextel CEO Speaks Out 6-9-11.flv[/flv]

Back in June, Dan Hesse was back with CNBC’s Jim Cramer to expand on Sprint’s strategy to deal with a wireless duopoly and how it hopes to compete in a market where two companies would control nearly 80 percent of all American wireless revenue.  (11 minutes)