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Rural Broadband Stimulus Under Fire, But Is It All Really an AT&T-Sponsored Smoke Screen?

One of the things we have tried to teach readers over the last few years is how important it is to follow the money trail when encountering a group, politician, or researcher counter-intuitively arguing “up is down” or “right is left.”  So when a business columnist in the Press of Atlantic City slammed rural broadband as a service provided “to a group of people who mostly don’t want it,” we started digging:

The FCC claims this effort will give 7 million rural people reliable access to high-speed Internet connections. So the hundreds of millions of urban and suburban Americans who wish their Internet was faster and more reliable will pay for 2 percent of us to get just that.

Or maybe we’ll be paying for redundant, overpriced telecom work by companies that donate to rural politicians.

Federal stimulus spending in response to the recession already included $7.2 billion for this same purpose. An analysis by Navigant Economics of three big projects under that Broadband Initiatives Program found:

Even “areas in which very high proportions of households were already served by multiple existing broadband providers” were eligible for subsidized broadband work.

The author’s suspicion that money was involved in all this was correct, but he completely missed who was boarding the money train.

Navigant Economics, the “research group” that produced the inflammatory report slamming rural broadband funding, happens to count AT&T as one of its important clients.

The group, a subsidiary of Navigant Consulting, provides economic and financial analysis of legal and business issues to law firms, corporations and government agencies.

In fact, Navigant pitches its services to a range of corporate clients:

Navigant Economics provides economic analysis in litigation and regulatory proceedings involving competition issues. Our experts have provided testimony in proceedings before District Courts, the Department of Justice, the Federal Trade Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, and numerous state Public Utilities Commissions.

We provide economic analysis and testimony in connection with mergers and acquisitions and antitrust claims of:

  • Anticompetitive horizontal agreements (price fixing, bid rigging, potential anticompetitive effects of joint ventures)
  • Unilateral conduct (predatory pricing, refusals to deal, monopolization via patent fraud)
  • Vertical restraints (exclusive dealing, requirement contracting, tying and bundling)

We also offer economic analysis and testimony on issues of price and rate of return regulation, mandatory access, quality of service, and benefit-cost analysis, with especial expertise in regulatory proceedings involving communications and the Internet (software and hardware sectors, network unbundling and “net neutrality” issues affecting telecom and cable firms, retransmission consent and other content-related issues, and the range of wireless spectrum issues) and all types of energy markets.

Phillip "Making Sense, Not Dollars" Dampier

The result is what critics refer to as “dollar a holler research” — bought-and-paid-for-results that coincidentally fit the framework of a client’s public policy agenda.  In this case, AT&T (among other phone companies) has fretted about broadband stimulus funding ever since the Obama Administration made it clear the industry would not collectively control the program or reward themselves at taxpayer expense.  In addition to criticizing the decision-making process, phone and cable companies have objected to numerous applicants who applied for grants to build networks serving communities those companies have ignored or under-served for years.

To say AT&T has no vested interest in the outcome of rural broadband would be the first major understatement of 2012.

Martyn Roetter with MFR Consulting said Navigant was giving a bad name to researchers.

“Navigant Economics as well as other economists in academia and the consulting profession seem increasingly prepared to support arguments in favor of their clients’ desires and goals regardless of whether they are reasonable or preposterous,” Roetter wrote. “Unfortunately this behavior tends to blur the distinction between (a) respectable advocacy with findings based on evidence and rational arguments and (b) indefensible nonsense, discrediting both academics and consultants.”

Navigant spent much of 2011 trying to convince regulators and the public that T-Mobile actually doesn’t compete with AT&T, so there should be no problem letting the two companies merge.  Readers win no prizes guessing who paid for that stunner of a conclusion.  Thankfully, the Department of Justice quickly dismissed that notion as a whole lot of hooey.

Navigant’s second ludicrous conclusion is that there is no rural broadband availability problem.  Navigant has a love affair with slow speed, spotty DSL (sold by AT&T) and heavily-capped 3G wireless (also sold by AT&T) as the Frankincense and Myrrh of rural Internet life.  With those, you don’t need any broadband expansion (particularly from a third party interloper).

“The notion that a nominal maximum speed in a shared radio access network is comparable to a nominal maximum speed of a fixed broadband line to a location is a striking example of ignorance, wilful or otherwise, of the very different operating characteristics and capabilities of these two transmission media,” Roetter soberly observed.

But he knows better.

Roetter

Kevin Post, columnist for the Press of Atlantic City, bought Navigant’s conclusions hook, line, and sinker and repeated them in the press.  In fact, he upped the ante parroting the time-honored provider argument that rural America doesn’t need 21st century broadband because, well, they just don’t want it:

This costly effort is aimed at bringing broadband to a group of people who mostly don’t want it, according to a 2010 Pew Internet survey.

Half of Americans who don’t use the Internet told Pew that the main reason is they don’t find it relevant to their lives.

Only one in 10 nonusers said they would be interested in starting to use the Internet sometime in the future.

Actually, the Pew Internet survey came well before Navigant’s outlandish conclusions, and didn’t directly address the rural broadband availability problem.  Instead, Pew was looking at broadband adoption rates, primarily in places that already have one or more broadband providers.  Pew found what providers have already realized themselves: broadband growth and adoption is slowing; everyone who wants the service in urban America already has it or wants it.  Those that don’t are typically older and lack computers or are too poor to afford the asking price.

Post’s suggestion that a Pew Study concluded rural America does not want broadband service is an exercise in fixing the facts.

That’s the magic of the Dollar-a-Holler Echo Machine.  Big telecom companies hire public policy consultants and researchers to find their way to “scientific” evidence proving their corporate agenda, and then feeds the “facts” and “research” to receptive reporters, astroturf “consumer groups,” and politicians to bolster their case.  It’s not AT&T suggesting there is no rural broadband problem — it’s Navigant Economics.

As Roetter writes, “A basic knowledge of wireless markets exposes the […] indefensible nature of the positions outlined above. A policy based on ‘tell me what you want to hear, pay me, and I will reproduce it all regardless of its merits’ is a disservice to professionals who try to remain objective and independent, i.e. professional.”

Updated: AT&T Roadside Ripoff: Florida Customers Getting Their Money Back for Unwanted $3 Extra

AT&T Mobility has agreed to refund Florida wireless customers for a $2.99 Roadside Assistance Plan many never signed up for and didn’t want.

An agreement with Florida Attorney General Pam Bondi could net full refunds for as many as 600,000 Florida customers who discovered they were enrolled in the add-on plan. The agreement requires AT&T to fully refund all charges for those who didn’t ask for the plan and never used it.

“All customers who paid for unwanted services deserve to be made whole, and we have guaranteed that AT&T Mobility will fully refund their money,” the Attorney General said. “Additionally, AT&T Mobility must notify customers via text message of added charges and service cancellation procedures.”

Specifically, AT&T will send a text message to customers five days after enrolling in the option confirming forthcoming charges.  The message will include cancellation instructions.

Customers complained AT&T automatically enrolled them in a 30-day free trial of Roadside Assistance without their knowledge or consent and began charging them for the service when the trial expired.  Some claim they were never given notification of the trial and assumed the charges were part of their cellular service.

In addition to full refunds for Florida customers, AT&T Mobility will:

  • Provide prepaid telephone cards with a face value of $550,000 for donation to members of the U.S. military;
  • Donate $10,000 to the Florida Law Enforcement Officer of the Year program;
  • Pay $1.2 million to the Attorney General’s Office for future enforcement and attorneys’ fees and costs.

Impacted customers will be notified by postcard or letter with further details about the AT&T settlement at a future date.

[Updated 12:35pm EDT 3/21/2012: Please note Stop the Cap! is in no way affiliated with AT&T.  Readers have been leaving comments attached to this article requesting removal/refunds for the Roadside Assistance program. We are not AT&T so we cannot handle these requests.  We recommend you scrutinize your AT&T monthly bill and look for a $2.99 charge labeled “Roadside Assistance.” If you see this on your statement, you -are- being billed for this feature. If you do not see it specified, you are not being billed for it.

Those who have been charged should call AT&T customer service at the number shown on your bill. 

We recommend you follow this procedure:

  1. Tell AT&T you never requested this feature.
  2. If you have never used this service, ask AT&T to retroactively credit you for -ALL- charges billed to your account all the way back to the first month you were billed for them. This would appear as a credit on a future AT&T invoice.
  3. Make sure AT&T removes future charges from your bill as well.

At some point in the future, you will receive a plain-text settlement postcard in the mail from the class action settlement fund. But you can pursue a full refund from AT&T yourself without waiting around for that. Just remember you cannot get your money back telling us about it. You need to contact AT&T directly.]

Verizon Wireless Shoots Itself in the Foot With $2 “Convenience Fee,” Now Rescinded

Verizon Wireless became the Bank of America of late 2011 when it attempted to impose a $2 “convenience fee” on select customers who prefer to pay their monthly phone bills online or through an automated telephone attendant.  It’s just the latest experiment in customer gouging — the same kind of toe-in-the-water strategic experimenting that unleashed ubiquitous baggage fees on airlines, low balance fees on checking accounts, and the increasingly-common practice of charging customers extra to mail them their monthly bill.

An entire industry of consultants pitch their creative talents to companies like Verizon who want “a little extra” from captive customers.  These specialists sell their expertise identifying the most vulnerable (and least likely to leave), who will grin and bear just about any kind of abuse heaped on them. Many income and resource-challenged consumers are left feeling powerless to protest and reverse unwarranted extra charges.

The consultant gougers-for-hire made millions for large banks when they figured out how to score the biggest bounced check and overdraft fees (simply pay the biggest check first, opening the door to $39 bounced check fees for all the little checks that follow).  Verizon’s $2 fee targeted customers who couldn’t afford to let the company automatically withdraw their monthly payment, or didn’t trust the company to do it correctly.  Even more, Verizon’s fee would target more desperate past-due customers who needed to make a fast payment to avoid service interruption.  Consumer advocates wondered if Verizon was successful charging these customers more, would they expand the fees to cover all online or pay-by-phone payments?

We’ll never know because the public outcry and intensive media coverage during a slow holiday week combined to force Verizon into a fourth quarter revenue retreat, rescinding the fee 24 hours after announcing it.  But Verizon may be pardoned if they feel they were unfairly singled out.  That is because other telecommunications companies have been charging certain customers bill payment fees of their own for years:

Verizon's evolved position on the $2 convenience fee (Courtesy: WTVT)

  • Stop the Cap! reader Larry writes to share TDS Telecom, an independent phone company, charges a $2.95 “third party processing fee” when accepting payments by phone.  “In its place you either have to revert to U.S. Postal Service, or agree to electronic billing for on-line payment access.”
  • AT&T charges a $5 bill payment fee for “certain customers.”
  • Sprint/Nextel not only has its own $5 bill payment fee for those paying at the last minute,  it also forces customers with spotty credit to sign up for auto-pay to avoid a mandatory surcharge.  Want a paper bill?  That’s $2 extra a month.
  • Comcast charges a $5.99 payment fee, but only in certain states.
  • Time Warner Cable charges fees ranging from an “agent assisted payment” fee ($4.99) to a statement copy fee ($4.99) in some locations.

While Verizon has agreed to drop its latest new charge, the company’s carefully-named bill-padding extra fees attached to monthly bills remain.  In addition to breaking out and passing along all government fees and surcharges, Verizon also bills customers administrative and regulatory recovery fees that, for other companies, would represent the cost of doing business.  These latter two go straight into Verizon’s pocket, despite the implication they are third party-imposed mandatory surcharges.

Had Verizon called their new $2 “convenience” fee a “business efficiency accounting recovery fee,” would they have snookered enough consumers to get away with it?

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WTVT Tampa Verizon cancels planned 2 bill-pay fee 12-30-11.mp4[/flv]

WTVT in Tampa says Verizon did a complete 180 on its $2 bill payment “convenience fee.”  (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CNN Verizon Dumps Fee 12-30-11.flv[/flv]

CNN hints the FCC’s potential involvement in Verizon’s business may have had something to do with the quick shelving of the $2 fee.  (2 minutes)

 

Bell’s Limbo Dance — Company Lowers Usage Caps, Raises Max Overlimit Fee to $80

Phillip Dampier January 3, 2012 Bell (Canada), Canada, Data Caps, Editorial & Site News 9 Comments

Usage caps low enough to set your hair on fire.

Bell customers across Ontario and Quebec are noticing the limbo dance is back in vogue as Bell Canada lowers the bar on usage caps for its Fibe fiber to the neighborhood service and boosts the maximum overlimit fee to $80.

Late last week, Bell’s website published the new, lower usage caps for broadband customers:

  • Fibe 10 — 75GB 60GB (per month) (Quebec)
  • Fibe 12 — 50GB 40GB
  • Fibe 16 — 75GB 65GB (Ontario) 90GB 80GB (Quebec)
  • Fibe 25 — 125GB 100GB (Ontario) 100GB 90GB (Quebec)

Users who exceed the new usage allowances face an overlimit fee of $1/GB — maximum $80 a month (up $20 effective Jan. 1, 2012).

New customers enjoy aggressively discounted introductory offers, but with usage allowances in decline, customers are being conditioned to use less or pay more.  It is the classic one-two punch of Internet Overcharging:

  1. Gradually reduce usage allowances exposing customers to overlimit fees;
  2. Increase the maximum penalty rate for exceeding the limit.

“I am watching my bill to see if they attempt to impose the new limits on existing customers,” shares Stop the Cap! reader François who lives in Toronto. “You pay Bell more for less and even as a new customer you might first pay less and also get less.  The ‘pay more’ comes after the first year.”

Want to use more?  You will have to buy Bell’s Usage Insurance in advance:

  • $5/month for an extra 40GB
  • $10/month for an extra 80GB
  • $15/month for an extra 120GB

Updated: Stop the Cap! Helps Verizon Wireless Customers Sign Up for Unlimited Data Through Loophole

Phillip Dampier January 3, 2012 Consumer News, Data Caps, Verizon, Wireless Broadband 1 Comment

No need to be herded into a Verizon Wireless usage-limited mobile data plan.

New to Verizon Wireless and unhappy being constrained with a usage-capped wireless data plan?  Thanks to a loophole, customers can buy their way into an unlimited access plan Verizon was supposed to discontinue last July.

Some background: Verizon Wireless spent 2011 enticing customers to upgrade to their new 4G LTE phones which use the company’s much faster mobile broadband network.  One of the benefits early adopters received was a free, ongoing trial of Verizon’s mobile hotspot feature, which turns your phone into a Wi-Fi device your other devices (and friends’ phones) can share.  When Verizon elected to discontinue its unlimited data plans in July, the free trial of the mobile hotspot feature went with it.  In its place, Verizon pitched 4G phone owners an unlimited mobile hotspot feature add-on for $30 a month (in addition to the price of your data plan.)

Those who travel often or who want a backup Internet service in case their home or business Internet connection goes down found this a reasonable deal, especially because it carries no data limits or speed throttling, and works on both Verizon’s 3G and 4G networks.

But it turns out this little-known add-on promotion also unlocks the door to an unlimited smartphone data plan Verizon intended to stop selling last summer.

As we explained earlier, just signing up for the unlimited use mobile hotspot plan involved jumping through a few hoops.  But with the help of a feature code, any Verizon representative should be able to look it up and add it to your account.

When they do, something interesting happens.  Verizon cancels any existing usage-limited plan and converts it into an unlimited use plan ($29.99) they stopped selling.  That leaves you with Verizon’s Mobile Hotspot feature for $30 a month and unlimited smartphone data for $29.99 a month.  But here is the exciting part: you can quickly cancel the $30 mobile hotspot feature and will remain grandfathered on Verizon’s unlimited use smartphone data plan.

Slickdeals provides a helpful step-by-step guide, and it sometimes takes a few calls to reach a representative who can manage this successfully:

  1. Dial *611 from your Verizon phone, or 1-800-922-0204 from any phone.
  2. Wait for computer CSR to go through the main menu. You will need your Verizon phone # and account PIN or last 4 of SSN.
  3. Hit option 4.
  4. When it asks you what you would like to do today say “Add a feature.” You will be transferred to a live Verizon Customer Service representative.
  5. If you have a 3G device (which includes all iPhones): Say you would like to add the $20 2GB 3G Mobile Hotspot FEATURE to your phone. When you add this MHS feature, you will be charged $20/month in addition to the $29.99 unlimited data plan.
    If you have a 4G device: Say you would like to add the $30 Unlimited 4G Mobile Hotspot FEATURE to your phone. According to http://stopthecap.com/2011/07/12/…r-account/ , they may be able to locate this feature via referencing feature code #76153. When you add this MHS feature, you will be charged $30/month in addition to the $29.99 unlimited data plan.
  6. After one of the MHS features above are added to your account, you will now have the $29.99 unlimited data plan, which can be verified via the My Verizon app on your device or at http://www.verizonwireless.com/myverizon
  7. {OPTIONAL – if you don’t want the Mobile Hotspot feature} Log into My Verizon and remove the Mobile Hotspot FEATURE from your account. It is recommended to wait at least a day to remove the feature. The $29.99 unlimited data plan should remain on your account.
  8. If they say they can’t add that feature to your plan, or that you must bundle your data + mobile hotspot service together as a single data plan, tell them thank you, hang up, and repeat the steps above.

Updated 2:45pm EST:  Our regular reader Duffin reports this loophole may be in the process of being closed.  See this article from The Consumerist for further details.

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