The West Virginia Public Service Commission has denied a request from the agency’s Consumer Advocate Division to reconsider the sale of Verizon landlines to Frontier Communications.

The CAD criticized the proposed sale, pointing to earlier failures of similar transactions in Hawaii and northern New England which harmed consumers and businesses in those areas.  The consumer advocate sought a formal independent audit of the deal and increased safeguards to protect service quality and the customers soon to be served by Frontier.

The PSC claimed the CAD didn’t supply any new evidence in its filing justifying a reconsideration of its earlier order approving the sale.  It turned the request down on Monday.

Both Verizon and Frontier had asked the commission to reject the CAD’s request.

Take the money and run

The Federal Communications Commission’s approval of Frontier’s takeover of 4.8 million Verizon landline customers in 14 states comes a year after the company announced the deal.  Frontier joins three other independent phone companies — FairPoint Communications, Windstream Communications, and CenturyLink zealously trying to grow their companies with additional mergers and acquisitions to avoid being swallowed up themselves.

What is common among all four companies is they rely heavily on dividend payouts to keep their stock price as high as possible.  That was a formula for disaster for FairPoint, the first of the four to end up in bankruptcy after a similar deal with Verizon in northern New England caused the company to falter.  Service and billing deteriorated, customers fled, and promises for better broadband were broken.  Now Frontier is following in FairPoint’s footsteps with more than 4.8 million new customers Frontier hopes they can swallow.

The FCC’s statement approving the merger reads like a press release for all involved, and delighted FCC Chairman Genachowski, who called these meager requirements “robust”:

Coming one week after the final state approval for the transaction, the FCC’s Order holds the applicants, Verizon and Frontier, to enforceable voluntary commitments, including:

• Extend faster broadband to more Americans: Frontier will significantly increase broadband deployment for the lines involved in this transaction, only 62 percent of which are broadband-capable today. Specifically, Frontier will deploy broadband with actual speeds of at least 3 Mbps downstream to at least 85 percent of transferred lines by the end of 2013, and actual speeds of at least 4 Mbps downstream to at least 85 percent of the transferred lines by the end of 2015, with all new broadband deployment offering actual speeds of at least 1 Mbps upstream.

Frontier's Fast One: 3 Mbps DSL Service with a 5GB Monthly Usage Allowance

Frontier’s broadband commitment gives the company a full five years to meet the bare minimum speed considered to constitute broadband in the National Broadband Plan.  One hopes Frontier doesn’t break into a sweat offering a piddly 3 Mbps service to homes using yesterday’s DSL service until then.  While Verizon’s rural castoffs get stuck eventually with 4 Mbps DSL, many of the company’s remaining customers are enjoying 50Mbps service over an all fiber network.  The FCC is accepting an urban-rural divide for broadband which will benefit the phone companies while leaving rural customers in the dirt.

Deploy fiber to libraries, hospitals, and other anchor institutions: Frontier will launch an anchor institution initiative to deploy fiber to libraries, hospitals, and government buildings, particularly in unserved and underserved communities.

Fiber for these locations sure, but no fiber for you or I.  Frontier, like most other telecom companies, loves to promote the benefits of fiber without actually deploying it to homes.

Promote competition: Frontier and Verizon have made a series of commitments to protect wholesale customers, including honoring all obligations under Verizon’s current wholesale arrangements that are in effect at closing.

Since wholesale customers often depend on the same network other customers do, if a company doesn’t deliver robust broadband into a state like West Virginia, there isn’t a robust service to sell to those wholesalers.

Improve data quality and collection: Frontier will make available to the Commission data on its broadband deployment progress at an unprecedented level of detail to enable effective monitoring of Frontier’s compliance with its commitments.

The Commission concluded that the commitments that applicants have offered, coupled with monitoring and enforcement by the Commission, will minimize the risks of harm and ensure that this transaction is in the public interest.

Phillip "Living on the Frontier" Dampier

Considering how weakly the FCC is committing itself to protecting rural customers from being dumped into the broadband backwater Frontier has on offer (complete with the 5GB monthly usage allowance), does collecting statistics help when things go sour?  Regulators collected statistics in New England when FairPoint failed, but that didn’t get service levels back until Maine, New Hampshire, and Vermont threatened to toss FairPoint out.  Now the company is in bankruptcy and regulators are negotiating which of the promises FairPoint made can be let go ‘for the sake of the company.’

That’s why it’s so ironic to read editorials that proclaim the FCC is on some sort of power grab when they seek to restore what meager authority they exercised over broadband before a DC Court effectively excluded broadband oversight from their portfolio.

It will be a good day when federal agencies like the FCC start worrying first and foremost about consumers instead of how to make a parade of overpriced mergers and acquisitions succeed for the companies involved.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WANE Ft Wayne Verizon hanging up on local landlines 5-24-10.flv[/flv]

WANE-TV in Fort Wayne warns viewers their landline company is about to change asVerizon vacates the area by July 1st.  (1 minute)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CWA Verizon Dont Take the Money and Run in WV.flv[/flv]

Too late.  The Communications Workers of America ran this ad spot asking the West Virginia governor to intervene and stop the sale.  (1 minute)

Fayette County, Pennsylvania

Brazen copper thieves have taken to ripping phone cable right off the poles in an effort to cash in on resurgent copper pricing, usually to feed expensive drug habits like the ones discussed when you visit this web-site.

In southwestern Pennsylvania, repeated thefts have gotten so bad Verizon announced a $50,000 reward for information leading to the prosecution of those involved.

The epidemic of copper theft in Fayette County has reached an all-time-high as Verizon finds large sections of working cable stripped right from telephone poles.  When the cables come down, phone and broadband service goes out.

“These thefts are incomprehensible because they put people’s lives in danger and can cost thousands of dollars to repair,” said Michael Wagner, director of construction for Verizon Pennsylvania.  “We will not tolerate these deliberate and malicious acts against our telephone network and our customers.”

As a result of these crimes, hundreds of Verizon local phone customers have unnecessarily experienced telephone service delays – up to several days in some cases – and endured risks to their personal safety.

“They’re putting people who rely on phone service out of service,” Verizon spokesman Richard Young explained. “They’re putting customers who need service in danger in the event of an emergency to call an ambulance, to call the fire department. This person is putting the lives of people at risk.”

Verizon has suffered nine losses across the county in just a month:

• April 22 in Uniontown – A 360-foot section of copper cable was cut and stolen.
• April 25 in Farmington – A 600-foot section of copper cable was cut and stolen.
• April 26 in White House – Nearly 400 feet of copper cable and a fiber-optic cable were cut and stolen.
• May 5 in White House – A 290-foot section of a copper cable and a fiber-optic cable were cut and stolen.
• May 11 in Shoaf – A 300-foot section of cable was cut and stolen.
• May 11 in Smithfield – A 230-foot section of cable was cut and stolen.
• May 12 in Haydentown – More than 1,200 feet of copper cable and a fiber-optic cable were cut and stolen.
• May 14 in McClellandtown – Two sections of copper cable totaling 500 feet were cut and stolen.
• May 17 in Gates – A 350-foot section of copper cable was cut and stolen.

Southwestern Pennsylvania is by no means alone in confronting copper theft.  Across the country, thieves are stealing copper wiring from every utility.  Thieves also steal copper pipes from homes, and in a new trend, are stripping copper coils from air conditioning units.

The reason for the interest in copper is its ever-increasing value.  Copper prices exploded a few years ago, and have trended upwards ever since.

Copper price trends

In January 2009, copper was bringing “just over a dollar a pound,” according to Lee Swann, a security contractor who works with Georgia Transmission Corporation. Today — “depending on what type of copper it is” — the metal is bringing $2.80-$3.10 per pound — an all-time high for many recyclers, even as prices have recently declined on the spot market.

At those prices, the incentives are there for theft.  Recovering and recycling copper has been a growth business for years, and many companies aggressively advertise “top dollar paid for recovered metals” promotions in newspapers and circulars.

Some recycling facilities are vigilant for suspicious truckloads of “recovered” copper while others are less so.  But as law enforcement confronts the growing trend in copper theft and utility companies begin offering rewards to stop it, many facilities are now regularly cooperating with local police.

Most of the proceeds from stolen copper likely go towards illegal drugs, particularly methamphetamine, believes the Coalition Against Cable Theft, a Washington-based advocacy group funded by home builders, contractors, and utility companies who are usually the victims of copper theft.  The Coalition wants strengthened laws to deter recyclers from accepting and paying for questionable sources of recovered copper.

Perhaps copper theft would be just one more reason why providers should dump copper wire for fiber optic networks, but many of the thieves are stupid — indiscriminately cutting and tearing down cables of all kinds, only later to find they were stuck with fiber optic cable, which most immediately discard at the base of poles, deemed worthless.

Anyone with information about the Pennsylvania copper capers can contact Verizon Security at 412-633-4902 or the Pennsylvania State Police at 724-439-7111.  In other areas, if you discover suspicious activity, call 911.

The money and utility service you save may be your own.

[flv]http://www.phillipdampier.com/video/KDKA Pittsburgh WALA Mobile Copper Thieves 5-10.flv[/flv]

KDKA-TV in Pittsburgh covered an earlier copper theft of Verizon wiring and WALA in Mobile ran a very similar story about copper thieves plaguing AT&T.  (4 minutes)

Real estate listings increasingly are promoting Verizon FiOS availability to would be buyers and renters

Real estate listings that prominently mention Verizon FiOS availability?

It’s true.  The much-coveted fiber-to-the-home service from Verizon has increasingly become important in residential home sales and rentals, according to realtors.  With the housing market still a shadow of its former self, just having broadband access is no longer good enough for many homebuyers and renters.  They want assurances that they can obtain fiber optic service, particularly as Verizon ceases expansion of its fiber deployments for the time being.

Despite claims from some providers that the type of broadband doesn’t really matter, real estate agents, such as those on www.hpw.com/, beg to differ.  The only thing worse than slow broadband is no broadband.  Those homes without broadband access of any kind can be a dead weight in an agent’s portfolio.  Practically nobody wants a home stuck with dial-up.  It’s like buying a home without electricity.

Just closing a sale on property that can only obtain slow speed DSL service or is served by a lackluster cable operator can also be a nuisance if a better provider is available nearby.

Some real estate listings have even begun providing Verizon FiOS certification guaranteeing would-be buyers of renters that FiOS service is ready and available.

None of this escaped Verizon’s attention, of course.  The company has used demand for FiOS in its advertising and communications strategies, and even has a rewards program for real estate professionals who convince buyers they are missing out if they aren’t Verizon FiOS customers.

Verizon claims up to 65 percent of home buyers say fiber optic broadband, including Internet connectivity, TV and phone service is an important and growing part of their home buying decision.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/Verizon FiOS Real Estate.flv[/flv]

Verizon produced this video about how important their FiOS product is becoming to home buyers and renters.  (2 minutes)

[flv]http://www.phillipdampier.com/video/Verizon Agent Rewards Program benefits Real Estate with FIOS.flv[/flv]

Verizon has an Agent Rewards Program that rewards real estate professionals with $100 gift cards for signing up home buyers and renters for Verizon service.  (1 minute)

West Virginia residents are assured of an indefinite future with 1-3Mbps usage-capped “broadband” as Frontier won conditional approval of its plan to assume control of the majority of the state’s landlines.

Frontier Communications, the phone company with the 5 gigabyte monthly acceptable usage allowance, won approval from West Virginia’s Public Service Commission after nearly a year of opposition from several unions and consumer advocacy groups.  The opposition, led by the Communications Workers of America, charged that Frontier’s balance sheet made it impossible for the company to fulfill promises to deliver quality phone and broadband service to the majority of the state’s residents.  Consumer groups, including Stop the Cap!, argued Frontier’s DSL broadband service is inadequate for the state’s needs, because it typically only provides 1-3Mbps speed and is usage-limited for residential customers.

Verizon’s history of bad service in the state helped drive some to believe Frontier can do better

Verizon’s West Virginia division has frequently achieved a poor rating among many West Virginians upset with the company’s service record and broadband deployment.  Last Monday, the PSC announced that Verizon’s service in the state was so poor, it ordered the company to place $72.4 million in an irrevocable escrow account to be used to improve the quality of service.  The PSC found Verizon’s disinterest in delivering service in West Virginia had resulted in the deterioration of Verizon’s essential infrastructure.

The PSC-ordered escrow account will be used to maintain and improve everything from restoring copper wiring to vegetation control and pole replacement.

With a history of complaints like that, it comes as no surprise West Virginians are ready to wave goodbye to Verizon, hoping for better times with Frontier Communications.

Bray Cary

Bray Cary, a TV station owner in West Virginia, has hosted editorials on his network of local stations across the state promoting the transaction, believing it will bring a better future for the state’s telecommunications needs.  Just two weeks ago, he demanded the PSC make a decision on the proposed merger, claiming the state needs a “modern, cutting edge communication system that will bring high-speed Internet to every corner of this state.”  Unfortunately for Cary, there is nothing from Frontier that comes close to “cutting edge,” with the exception of the company’s brazen Internet Overcharging scheme now being tested in Minnesota that threatens to bring $250 monthly broadband bills to some residents.

[flv]http://www.phillipdampier.com/video/WOWK Charleston State Must Act on Verizon-Frontier Deal 5-4-10.flv[/flv]

WOWK-TV’s Bray Cary criticized the West Virginia Public Service Commission for stalling on a decision to move forward the Verizon-Frontier landline transfer in the state.  Just about ten days later, the PSC conditionally approved the deal.  [Video problems were a part of the original clip] (Aired: May 4, 2010 — 1 minute)

Frontier specializes in delivering slow-speed DSL service to most of its rural service areas, usually less than 3Mbps in speed.  Even in its largest service area, Rochester, N.Y., the company’s broadband options are an also-ran against the far faster and more reliable cable modem service from Time Warner Cable, which also beats Frontier’s out-the-door price.

Unfortunately, West Virginian media has never given important details to residents about the specific services Frontier is willing and able to offer residential customers.  It also never informed customers about the important limitations the company attaches to its “high speed Internet” Cary hopes to see available in every corner of the state.

Sometimes change for change’s sake is not an improvement.

The PSC attaches conditions to its approval

The Commission did not grant blanket approval to the transaction.  The PSC is requiring that Frontier:

• Honors all existing obligations of Verizon following the close of the sale, including the currently effective Retail Quality Service Plan approved by the Commission to continue through at least July 2, 2011.
• Makes capital investments in Verizon of $30 million during the second half of 2010, $75 million in 2011 (including $12 million targeted at service quality), $63 million in 2012 and $63 million in 2013.
• Makes additional capital investments of at least $48 million to increase broadband deployment and subscription in the Verizon service territory.
• Expands broadband availability in Verizon service areas so that by no later than the end of the fourth year following the close of the sale, access to broadband service will be available to no less than 85 percent of the households within Verizon service areas.
• Locates its Southeast regional headquarters in Charleston, WV, after closing the sale. Charleston will be Frontier’s Southeastern regional headquarters, and will be a major employment center for Frontier in the region. It will be the hub for engineering, technical, operation and executive personnel for Frontier’s operations in West Virginia, Tennessee, North Carolina, South Carolina, Mississippi, Alabama, Georgia and Florida.
• Adopts all of Verizon’s tariffs, price lists and contracts, including long distance, under the same terms and conditions at closing.
• Caps all regulated rates subject to jurisdiction of the Commission for one year after close of the transaction.
• Provides E-911 functionality provided by Verizon prior to close.
• Waives early termination fees for current Verizon customers participating in a Verizon bundled service package for the first 90 days after closing.

Reactions from all over

“We’re pleased the commission has approved the transaction. The record developed in this case provides comprehensive evidence and assurances that the transaction with Frontier Communications is in the public interest and will provide many benefits to West Virginia residents, including increased investment and broadband availability in the state, while protecting jobs and promoting employment.”

— Verizon-West Virginia President B. Keith Fulton

“We’re in the process of evaluating the order. After full review we’ll look at what we can do that will best serve West Virginia consumers and CWA members. Of course, we’re disappointed but we’re heartened by the fact that at least one person on the three-member commission agreed with us and more than 80 legislators, several county commissions and a broad coalition of consumer, union and first responder organizations that this deal is too risky and not in the public’s interest. The split decision shows our arguments about the deal had validity.”

— Communications Workers of America, District 2 Vice President Ron Collins

Byron L. Harris heads the Consumer Advocate Division of the West Virginia Public Service Commission

“There are many areas of West Virginia that will always be dependent on landlines, absent some sea of change in technology. Those are the people I’m most concerned about. They’re the truly captive customers of now Verizon and, in the future, Frontier.”

— West Virginia Public Service Commission’s consumer advocate Byron Harris

“We’ve seen how Wall Street’s investments can backfire. Like Frontier today, Wall Street once put its confidence in Global Crossing and that led to a disastrous bankruptcy. We’re concerned that the Rochester-area and other existing Frontier properties may be starved to fund this expansion.”

— John Pusloskie, President of CWA Local 1170 in Rochester, N.Y.

“Today’s approval is a welcome and important step. Our goal is to gain the approval of the FCC so that we can close the transaction and begin bringing its benefits to consumers and businesses.”

— Maggie Wilderotter, Chairman and Chief Executive Officer of Frontier

West Virginian media covers the conditional approval

A handful of television stations covered the conditional approval, most without much depth.  West Virginian newspapers covered the fight between Verizon and Frontier and the unions and consumer groups, but no paper really provided in-depth coverage into the challenges of West Virginia broadband and what precisely Frontier is capable of providing to solve it.  Consumers will discover soon enough that West Virginia has yet again gotten the short end of the online stick.  Only this time, they better not wave it around too much — it might exceed your monthly stick-waving allowance.

[flv width=”500″ height=”395″]http://www.phillipdampier.com/video/WOWK Charleston Union – Verizon-Frontier Deal Bad for W.Va., Verizon Responds 5-14-10.flv[/flv]

WOWK-TV in Charleston delivered the most substantial report on the sale, including this brief interview with PSC spokeswoman Sarah Robertson.  (2 minutes)

[flv]http://www.phillipdampier.com/video/WTAP Parkersburg Verizon-Frontier Deal Approved 5-14-10.flv[/flv]

WTAP-TV in Parkersburg ran this brief in-studio report about the Verizon-Frontier approval.  (1 minute)

[flv]http://www.phillipdampier.com/video/WDTV Bridgeport Verizon Sells Land Lines to Frontier 5-14-10.mp4[/flv]

WDTV-TV in Bridgeport explained the requirements of the conditional approval.  This was the only report on the approval that included the opposition’s perspective.  (1 minute)