The price of providing lousy telephone and broadband Internet service in three New England states?  $2.8 million dollars in fines, and counting.

FairPoint Communications has been piling up fines and penalties for almost a year now, providing third world phone service with the competitive spirit of Hugo Chavez.  Maine, New Hampshire, and Vermont officials started fining the company after it blasted FairPoint’s “failure to meet certain standards for quality and timeliness of interconnections.”  FairPoint is required by law to open its networks to local competitors, and the results of those trying to purchase access at wholesale rates have been about as acceptable as those residential customers have dealt with since Verizon threw them under the bus and left town more than a year ago.

The company’s response?  It wants Maine’s Public Utilities Commission, for one, to waive the $845,000 it owes to local phone carriers.  In a filing with the PUC, it asks that waiving or modifying the payments will let it return its focus to fixing faulty networks to normal operating levels.

In other words, it was penalized for not doing its job and promises, if the penalties go away, it will do its job.  What happens if the penalties don’t go away?

FairPoint’s plans for broadband expansion in its service area were called into question when the company announced it has the potential to go bankrupt if bondholders don’t agree to waive certain payment requirements.

Without an agreement by Fairpoint’s bondholders to delay repayment of at least 95% of FairPoint’s debt, the troubled phone company could find itself in bankruptcy by the end of the year.

That is the company’s own assessment in its most recent filings with the Securities and Exchange Commission.  FairPoint’s crushing debt was taken on in order to purchase the assets of Verizon Communications in three New England states — Maine, New Hampshire, and Vermont.  Verizon has been dumping customers in less proftable areas to concentrate on more populated areas.

Since the sale, it has been one nightmare after another for consumers in those three states, dealing with a phone company called “abysmal,” and a “third-world telephone company” by its customers, and “completely unacceptable” by several state regulators.  From Vermont, where inept employees bungled even the simplest tasks of maintaining basic telephone and Internet service, to New Hampshire where incompetence forced a few businesses to seriously contemplate moving to Massachusetts just to get a telephone line installed, to Maine, where life-threatening 911 failures caused havoc, FairPoint has not proven worthy of running telephone service for any customer in New England.

“There’s no satisfaction in saying I told you so,” said Rand Wilson, a spokesman for the International Brotherhood of Electrical Workers Local 2222 in Boston. “FairPoint said their experience would be different.”

The IBEW was one of the first critics of the sale, and focused their attention directly on point – the debt the company would take on to make the deal.  They ran advertising in all of the impacted states and also pressured lawmakers to review the deal more carefully.

Audio Clip: International Brotherhood of Electrical Workers Radio Spots (3 minutes)
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The IBEW has experience with bad telephone companies.  In Hawaii, their members blasted a deal where a private equity firm borrowed heavily to purchase Hawaii’s largest phone company from Verizon in 2005.  It was also a disaster for consumers, with lousy customer service, declining revenue, and eventual bankruptcy.  IBEW warned state officials pondering a Verizon-FairPoint deal about their experiences.  State officials didn’t listen.

Now those same officials are hiring consultants to prepare their states for the real possibility of FairPoint going bust by the end of the year.  Should that happen, phone service will almost certainly continue for millions of New England FairPoint customers.  But as far as a restructured FairPoint keeping all of the promises it made to get approval of the deal, residents may find those deals are disconnected or no longer in service.

Verizon is concerned about potential risks for data hacking and security breaches associated with mergers and acquisitions in undertakes.  The Verizon Business Risk Team reported that 13% of the breaches studied in 2008 involved companies undergoing transition as part of a merger or acquisition.

Verizon signaled caution to prospective Frontier Communications territories about to be spun away from Verizon:

“Mergers and acquisitions bring together not only the people and products of once separate organizations, but their technology environments as well. Integration rarely happens overnight or without a hitch.”

TheDeal.com writes Verizon has the experience to understand the risks, as both a buyer and seller.

Verizon’s selling of its operations in New England to FairPoint Communications was particularly noted, because of ongoing billing, customer care, and other transition problems, some of which are still unresolved to this day.

In this wrap-up report on the saga of FairPoint, it's not hard to see a risk for establishing "telecommunications backwaters" in states where major phone companies exit for "greener pastures." The companies taking over service must be held to high standards, even if it means rejecting the deal. (Image courtesy: pfly)

Unlucky part thirteen is especially appropriate.  Is this the final chapter?  Hardly, as the telephone company’s endless problems perpetuate a never-ending saga of bad service, woefully inadequate planning, and unprepared regulators.  It’s an illustration of the future telecommunications backwaters that many communities will cope with as major providers leave for richer returns elsewhere.

However, we have reached the end of the beginning — the review of the entire sordid history of Verizon-FairPoint transaction from its beginning in 2007 until June 2009.

In this wrap-up, the states of Maine, New Hampshire, and Vermont are coping with ongoing delays in service requests, major billing problems from FairPoint, and company requests to begin enforcing collection action against those with past due accounts.

We begin with a friendly interview, from FairPoint’s perspective, with WMUR’s New Hampshire Business.  Host Fred Kocher is one of the few people we’ve seen speak in positive terms about FairPoint.  FairPoint spokesperson Jill Wurm didn’t exactly need to squirm in her seat in this interview on May 22nd.

[flv width=”480″ height=”360″]http://www.phillipdampier.com/video/WMUR Manchester Status Check On FairPoint Issues 5-22-09.flv[/flv]

Billing issues have been part of the long lasting problems customers have faced with the switch from Verizon to FairPoint, with wrong amounts, payments going unapplied, and new charges for disconnected lines driving customers crazy.  FairPoint sought approval to begin collection activity on past due accounts, and as WMUR reports on June 3rd, state regulators wanted to monitor the process to make sure a new nightmare wouldn’t begin:

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March ended with yet another public hearing on the seemingly endless series of problems customers in New Hampshire were experiencing from FairPoint.  The Public Utilities Commission sent FairPoint a letter in April laying out benchmarks it expected the company to comply with to address the problems once and for all.

Meanwhile, a FairPoint spokesperson pushed the goal post even further away, now claiming the company’s “plan all along” was to resolve problems by June 30, 2009.  WMUR summed up the problems, and what New Hampshire regulators hoped would finally be the solution.

[flv width=”320″ height=”240″]http://www.phillipdampier.com/video/WMUR Manchester FairPoint Says It’s Working To Improve Performance 04-10-09.flv[/flv]

By May of this year, FairPoint finally started putting a dent in the number of customer complaints filed with Public Utilities regulators in Maine, Vermont, and New Hampshire.  Billing problems were now the biggest challenge for the company.  Customers receiving incorrect bills (or not receiving them at all) started refusing to pay until an accurate bill could be sent.  Many others found they were still being billed for lines disconnected weeks or even months earlier.

Wall Street, and credit rating agencies were following the chaos in New England, and didn’t like what they saw.  Customers were fleeing to the competition in high numbers.  The company cannot pay its debt without paying  customers.  The stock price had been declining as well.  Considering all of those factors, along with FairPoint’s quarterly earnings report, a range of rating services downgraded FairPoint’s credit rating, with one openly speculating FairPoint could face bankruptcy.

WCSH in Portland, Maine picks up the story on May 8th:

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