AT&T’s attempt to avoid oversight and enforcement of consumer protection laws by the Federal Trade Commission (FTC) failed in a federal appeals court Monday, overturning a 2016 decision that agreed with AT&T the FTC could not oversee or punish AT&T for its business practices.

In a unanimous 11-0 decision by the Ninth Circuit Court of Appeals, the court found AT&T’s interpretation of a law it said gave the Federal Communications Commission exclusive authority to regulate and oversee “common carrier” telecom companies was overly broad and based on a misinterpretation of the law. The decision means the FTC will continue to pursue AT&T in court to secure relief for AT&T’s wireless customers that the FTC claims were misled by AT&T’s unlimited data plan that was not truly unlimited.

“The phrase ‘common carriers subject to the acts to regulate commerce’ thus provides immunity from FTC regulation only to the extent that a common carrier is engaging in common-carrier services,” the court ruled Monday. In laymen’s terms, the judges found that the FCC does have the regulatory authority to oversee common carrier services like basic telephone service, but the law does not prevent other government agencies like the FTC to oversee AT&T’s conduct in non common-carrier services.

The FTC and the FCC both argued that allowing AT&T and the 2016 lower court opinion to stand would create a regulatory loophole through which virtually any corporation with even the slightest ownership stake in a common carrier telecommunications company could escape all oversight and enforcement of consumer protection laws.

The dispute began in 2014, when the FTC sued AT&T in court for intentionally throttling wireless internet speeds of millions of AT&T customers hanging on to their legacy unlimited data plans.

The FTC’s complaint alleged that the company failed to adequately disclose to its customers on unlimited data plans that, if they reached a certain amount of data use in a given billing cycle, AT&T reduced – or “throttled” – their data speeds to the point that many common mobile phone applications – like web browsing, GPS navigation and watching streaming video –  become difficult or nearly impossible to use.

“AT&T promised its customers ‘unlimited’ data, and in many instances, it has failed to deliver on that promise,” said former FTC Chairwoman Edith Ramirez in 2014. “The issue here is simple: ‘unlimited’ means unlimited.”

According to the FTC’s complaint, AT&T’s marketing materials emphasized the “unlimited” amount of data that would be available to consumers who signed up for its unlimited plans. The complaint alleged that, even as unlimited plan consumers renewed their contracts, the company still failed to inform them of the throttling program. When customers canceled their contracts after being throttled, AT&T charged those customers early termination fees, which typically amount to hundreds of dollars.

The complaint accused AT&T of violating the FTC Act by changing the terms of customers’ unlimited data plans while those customers were still under contract, and by failing to adequately disclose the nature of the throttling program to consumers who renewed their unlimited data plans.

AT&T responded in court asking the case be dismissed, arguing that the FTC could not bring a case against AT&T because, as a common carrier, only the FCC has jurisdiction over the company.

The case was largely decided on whether Congress intended to exempt common carrier companies from FTC oversight based on their “status” or their “activities.” AT&T argued the law clearly gave companies deemed to be common carriers a blanket exemption from FTC oversight. The FTC argued Congress only intended to exempt the specific common carrier “activities” or services sold by a company from FTC oversight, not the entire company. The three-judge panel of the Court of Appeals agreed with AT&T’s view, affirming AT&T’s claim it was untouchable by the FTC and dismissed the FTC’s lawsuit.

Judge Kozinski, questioning AT&T: “I’m regulated by the FTC and I don’t like it. I go out and I buy a small, money-losing common carrier. Do I say, ‘bye bye FTC,’ under your reading of the statute?”

The decision was a stunner in D.C. regulatory circles and opened a chasm-sized loophole for almost any company to completely escape the FTC’s oversight and enforcement of consumer protection laws just by providing a single common carrier service (or acquiring a small phone company that does) to secure blanket immunity. The FTC appealed the decision before the Ninth Circuit Court of Appeals.

Both the FTC and at least one judge hearing the federal agency’s appeal saw the potential impact of the earlier 2016 decision immediately.

“I’m regulated by the FTC and I don’t like it,” Judge Alex Kozinski said to AT&T’s attorney. “I go out and I buy a small, money-losing common carrier. Do I say, ‘bye bye FTC,’ under your reading of the statute?”

The FTC warned if AT&T’s view was upheld, any company could buy a common carrier and violate federal consumer protection laws with no recourse for consumers and no available FTC enforcement action.

This week’s decision, called “common sense” by the judge who wrote the summary of the court’s finding, restores the FTC’s authority over non-common carrier services at companies large and small, including AT&T. It is also a relief to FCC Chairman Ajit Pai, who earlier argued the FTC had jurisdiction over abusive ISPs and would effectively oversee broadband providers without any need to continue the net neutrality policies of his predecessor. Had the court ruled in favor of AT&T, Pai’s policy would have transferred oversight of internet services to an agency legally prohibited from overseeing most broadband providers.

The FTC was pleased with the decision.

“It ensures that the FTC can and will continue to play its vital role in safeguarding consumer interests including privacy protection, as well as stopping anti-competitive market behavior,” Maureen Ohlhausen, acting Chairwoman, said in an emailed statement.

AT&T was not, and claimed the court ignored the merits of the case.

“We are reviewing the opinion and continue to believe we ultimately will prevail,” the representative said in an emailed statement, which did not definitively state whether AT&T intended to appeal the decision.

Spectrum workers on strike march in the 2017 Labor Day parade in New York City. (Image courtesy: IBEW/Local 3)

Charter Communications’ list of addresses of some of its “locally based contractors” turned out to be self-storage locations, leading to accusations the company could potentially be in default of its franchise agreement with New York City.

Charter agreed to use city-based contractors wherever possible to maintain and upgrade its expansive cable system in the Big Apple. But an audit by the Department of Information Technology and Telecommunications found only seven of 26 vendors Charter uses are in the city, despite claims by Charter that 77% of its vendors are NYC-based.

On its own, the violation might seem minor, except for the fact Charter Communications has left 1,800 of its best-trained workers in New York and New Jersey out on strike for 11 months, the longest unresolved labor action of 2017.

Workers’ demands, presented by the International Brotherhood of Electrical Workers (IBEW) Local 3, have been largely ignored by Charter, in part because the company can find replacement workers outside of the area.

Charter’s denial of the accusation it was in violation of its agreement to use local labor included an attempt to broaden the definition of “located,” followed by an effort to change the subject to what the company alleges are more than 100 acts of vandalism committed by striking workers or those sympathizing with them.

“We continue to meet our franchise obligations, and our response to their findings is included in the report,” a Charter spokesman told the New York Daily News over the weekend.

Although union resources supporting the striking workers have been tested to their limits, the union and most of its members persevere. But it remains a difficult struggle, with some members on the verge of losing their apartments, and many more now relying on food banks and public assistance.

The dispute began after the former Time Warner Cable employees were transitioned to Charter Communications. Charter announced it wanted to pull out of the union’s pension and healthcare plans and replace them with a company-sponsored healthcare offer and a 401(k) retirement plan.

“They basically said that until we agree that they don’t have to contribute to our pension and health plan, they won’t talk about anything else,” Chris Erikson, business manager of Local 3, told the Daily News last fall. “That’s a gun to our head, they said ‘Take it or leave it.’ And our membership understands the value of what’s at stake here, and they decided to leave it.”

Efforts by large corporations to abandon employee care and retirement plans administered by the unions themselves is part of a broader national attack to make unions irrelevant, argue union defenders. The replacement plans offered by Charter are greatly reduced from what Local 3 fought for and won from Time Warner Cable.

“The practical side of the medical plan that the members have is: my son had a kidney transplant and I got the bill from Columbia Presbyterian hospital and it was $96,000. My share of that was 200 bucks. If I was in Charter’s medical plan I’d probably have to take a loan to pay the hospital bill – that’s with coverage,” Erikson told The Guardian.

Charter can certainly afford to cover its workers’ needs. The company’s CEO was the highest paid in the country in 2016, earning $98 million. The impact of the Trump tax cuts also delivered soaring profits for Charter Communications as a whole.

Profits for the fourth quarter of 2017 hit $9.6 billion, compared with $454 million during the same period in 2016. Profits for the year reached $9.9 billion, compared with $3.5 billion in 2016. Charter earned $41.6 billion in revenue in 2017.

New York Mayor Bill de Blasio thinks the strike has gone on for too long.

“It’s been almost a year that Local 3 workers have been on strike. It’s far past time for management to come to the table with a fair deal,” he said.

Verizon has announced a wave of call center closures in several states that will results in layoffs, although some employees will be invited to reapply for their position if they are willing to move to another state or continue their work as a “Home Based Agent” taking customer service calls from a home office.

Verizon is cutting back on customer service call centers, after looking for ways to cut expenses and direct customers to use “self-service” options on Verizon’s website. For those who still want to speak to ‘a real person,’ increased hold times may be the result. Verizon maintains 16 call centers around the country, with at least six scheduled to close and a seventh closure already in progress.

Affected customer service call centers:

• Mankato, Minn. — Originally a call center for Midwest Wireless and Alltel before being acquired by Verizon Wireless, about half of the estimated 600 workers will be invited to continue as Home Based Agents, while others will be laid off or invited to apply for another position if they are within 90 miles of another Verizon call center and are willing to commute or relocate. Just a few years ago, this call center was desperate to hire a bookkeeper, and handing out lucrative signing bonuses and other incentives.
• North Charleston, S.C. — Formerly a Montgomery Ward department store, Verizon Wireless repurposed the 150,000 square foot facility and hired up to 1,000 workers when it opened in 2004. About 500 workers are being invited to transition into Home Based Agents, “supporting customers the same way and with similar tools as if they were working from a traditional brick-and-mortar call center,” according to a Verizon spokesperson. Verizon will save almost $2 million a year in rent closing the call center. The layoffs and call center shutdown are expected to be complete by September.
• Huntsville, Ala. — The call center in Research Park will be shuttered “in the coming months,” with workers invited to participate in the Home Based Agents program. Verizon claims it will cover “most” of the equipment and supplies needed to work from home, and will pay a stipend of $65 a month for internet access. But other ongoing home office-related expenses, including electricity, furniture, insurance, and other related costs will the employee’s responsibility.
• Albuquerque, N.M. — Verizon Wireless will shut down its 197,000 square foot call center by October 2019, with workers selected for its Home Based Agents program transitioned out of the building by May of 2019. At least 1,000 workers are likely affected. The call center cost $30 million to open in 2006 and by 2009 employed 1,600 workers.
• Hilliard, Ohio — A Verizon call center that formerly absorbed a lot of displaced Verizon call center employees across the region is itself shutting down by November of this year. Qualified workers are invited to continue as Home Based Agents. Verizon employees complain Home Based Agents lack job security and are usually among the first to be laid off in any future downsizing actions. Some recommend relocating to another call center instead of working from home.
• Little Rock, Ark. — Verizon has informed its 600 Little Rock call center employees they are shutting down the office by this October, and workers that want to stay with Verizon will be able to transition to a work-at-home model or apply for a job elsewhere in the company.
• Franklin, Tenn. — Already downsizing, this call center will be shuttered sometime this year, with workers invited to apply for the Home Based Agents program. But some workers with experience working from home warn there are significant downsides: “You can’t relocate to another call center or move to the Home Based Agents program if you are on ‘corrective action’ (for attendance or performance),” said one worker. Those employees will lose their jobs and receive severance packages. “Moral of the story, don’t let yourself get an attendance warning for your kids having the flu [thinking] ‘I will [accept a write-up]’ because if your center closes, you cannot relocate.”

Verizon spokesperson Jenny Weaver told the Albuquerque Journal a very different story about home agents.

“At other places, we’ve found it’s a satisfaction driver for employees,” Weaver said. “Happy employees translates to happy customers, so we’re excited about this.”

Charter Communications has introduced internet-delivered cable television packages that its cable TV subscribers have requested for years, including one offering a true a-la-carte lineup of network TV channels and the customer’s choice of 10 cable channels for $25 a month.

Spectrum Choice was soft-launched this week and is a companion to a larger internet-delivered package of TV services targeting cord-cutters called Spectrum Stream, which is also available in many areas.

Although Spectrum customers can visit the order page to sign up for Spectrum Choice immediately, when we tested it this afternoon we found the website was not able to complete an order. It turns out Spectrum is initially “hand-selecting” about 100,000 customers in selected areas for Spectrum Choice, but won’t disclose exactly where those areas are. We know from some reviews, it is available in parts of Ohio.

For now, would-be customers can try building their own package from at least 65 cable networks, including several networks Spectrum usually bundles into higher cost Silver and Gold packages. For example, Turner Classic Movies, Hallmark Movies and Mysteries, and FX Movie Channel are all available to choose. Spectrum Choice also offers all three major cable news networks as well as Spectrum News (where available). ESPN, ESPN II, FOX Sports, NBC Sports Network, and NFL Network are also available for sports fans. Even Music Choice is included.

Spectrum Choice customers are not tied down with a bloated package of channels, except for the included large bundle of local stations, which includes ABC, CBS, NBC, FOX, CW, MyNetworkTV, PBS, and independent/foreign language over the air stations. The availability of public television is a rarity among online cable TV alternatives. In most areas, digital subchannels like Grit and MeTV are also included, depending on what networks are provided by stations in your area. You will also get several shopping channels, C-SPAN I, II, and III, and local Public, Educational, and Government Access channels as seen on your local cable system.

If you visit their website can complete an order online, you are qualified to receive their service. If there is no option to move forward to complete an order, you are not qualified to sign up at this time, but check back later or call Spectrum and ask.

The service relies on the Spectrum TV app (available on iOS, Android, Roku, and Xbox One) and the Spectrum website to stream video programming to customers, and no set-top box is required. DVR service is not worth the effort or cost. It requires a traditional DVR set top box and you can only watch recorded shows on the television connected to the DVR. Be aware there are also restrictions viewing some channels outside of the home, just as Spectrum’s cable TV customers already understand:

Linear OOH: Watching a live channel while away from home
VOD OOH: Watching on-demand content while away from home
TVE App Name: TV Everywhere App Name – Independent apps used by programmers or viewing on their websites
VOD Parity: Cable TV and Spectrum Choice customers get access to the same on-demand programming options.

Details (click the name of the package for more information):

Spectrum Choice TV

If you don’t mind Charter/Spectrum choosing your channel lineup, a second option offers more channels for about the same price.

• 7-day money back guarantee/trial, then $15 for the first month
• To get the service, you must have an internet-only plan or an internet + voice plan from Spectrum. You cannot be a current traditional cable TV subscriber
• After the first month, the service costs $25 per month for the first two years, including the Broadcast TV Surcharge, but excluding tax
• After 24 months, price increases to $30 a month
• Your assigned Spectrum TV username and password will also work on websites that authenticate you as a qualified cable TV customer
• Premium channels are $7.50 each for HBO, Showtime, The Movie Channel, Starz, and Starz Encore or bundle all-five for $15 a month for two years. Epix is also available a-la-carte.

Spectrum Stream TV

• $21.99 a month (not including $3 Broadcast TV Surcharge) for 25+ pre-selected channels including local stations and major basic cable networks
• All features included with Choice TV work similarly except the lineup is not a-la-carte. But you may get more channels at a comparable price.
• After two years, the price increases to $26.99. Starting in year three, the price rises again to $34.99.
• The same $15 promotion for five premium movie networks noted above applies, if interested.

Spectrum’s promotion of Stream TV. (1:00)

CenturyLink Stream, the phone company’s planned nationwide alternative to cable television, will shut down its streamed package of nearly 50 channels on March 31.

The phone company had contemplated using CenturyLink Stream to compliment its package of phone and broadband service to budget-conscious customers. But Multichannel News reports subscribers were notified this week CenturyLink was pulling the plug on the service and its companion $89.99 Android TV set-top box that interfaced between a customer’s broadband connection and their television.

“Thank you to all who have streamed with us and provided feedback,” the company noted on its website. As compensation, customers are getting free on-demand rentals of movies on the service until it shuts down.

CenturyLink Stream’s “Ultimate” package sold for $45 per month, with a $5 discount if a CenturyLink customer bundled the company’s broadband service. It included a 50-hour cloud DVR service and access in some markets to local stations and regional sports channels.

CenturyLink’s Prism TV continues.

The company has stayed silent on exactly why it is pulling the plug on the service, which had been beta testing over the past year. Independent telephone companies beyond AT&T and Verizon have struggled to deliver credible triple play packages of fast broadband, phone service, and a lineup of cable television programming. Frontier Communications has avoided expanding its FiOS TV package outside of service areas acquired from AT&T and Verizon. Windstream recently announced a deal with AT&T to resell its DirecTV and DirecTV Now video packages, which could spell trouble for Windstream’s Kinetic TV platform, which has only slowly expanded since being announced in 2015.

Analysts say it is increasingly difficult for smaller companies to profitably sell video programming because of generous volume discounts on wholesale rates offered to the country’s biggest satellite TV, cable, and telco TV providers. AT&T itself acquired DirecTV to get better video pricing for its U-verse TV customers. Smaller phone companies cannot afford similar acquisitions. Instead, some companies have partnered with third-party providers already in the video business.

The National Cable TV Cooperative, which offers group pricing to small and medium-sized independent cable companies and municipal providers, have already announced partnerships with sports-oriented fuboTV and PlayStation Vue, which both sell packages of cable TV programming streamed over the internet.

That is the likely direction CenturyLink will head in, if it continues its interest in selling a television package.

“[W]e are open to looking at other options,” Glen Post, CenturyLink’s CEO, said last August on the company’s Q2 earnings call, noted Multichannel News. “Matter of fact, we continually talk with some of these other providers, look at the best ways we can bring that service and also other ways in working with them to reduce our content cost…It does not have to be our product.”