Retirees enjoying employer-based discounts on wireless service are learning they are often ineligible to continue getting a break on their Verizon Wireless bill after the phone company began auditing its discount program.

Verizon Wireless, like many wireless providers, has agreements with many companies extending discounts to workers as an employee benefit. But with millions out of work, ongoing downsizing, and early retirement, Verizon Wireless decided to start periodic audits to re-verify its wireless customers receiving discounts of 15-25% or more they may no longer be qualified to receive.

The audit is likely to earn millions in extra revenue as unqualified customers are dropped from the program.

Among the hardest hit are retirees who find they no longer qualify.

Verizon Wireless blames companies for not including retirees in their employer discount program and several human resources departments blame Verizon Wireless for not giving them that option as part of the employer discount contract.

Among those losing discounts are law enforcement personnel, retirees from the U.S. Post Office, Lockheed Martin, and countless other corporations. Most federal and state government retirees also no longer qualify. A handful of large companies that have major accounts with Verizon Wireless have negotiated discounts for retirees, but they are reportedly few in number.

Most retirees discover they are about to lose their discount when Verizon Wireless auditors request they revalidate their employment in a text message or letter. Every customer getting a discount will now be periodically reverified.

“Verizon Wireless will periodically ask you to validate your current employment status to ensure we have accurate information for the company for which you work, and the discount for which you are eligible to receive,” indicates the company’s employment verification website. “It is our goal to ensure that you continue receiving a discount on eligible plans and features on your wireless service based on your employment with a company that has a business agreement with us. Verizon Wireless has agreements with a large number of companies. If you have changed employers since we last validated your employment status, you may still be eligible for a discount.”

Verizon Wireless’ Current Operational Profitability

“Verizon gives the discount because it wants to,” complained one customer. “Verizon could just as easy give that discount to every retiree if they wanted to, but Verizon chose not to.”

Critics contend Verizon can afford the discount. In one quarter last year, the company earned $20 billion in revenue from its wireless service, up 7.5 percent year over year.

Eliminating discounts, charging new service, activation, and upgrade fees, lengthening the device upgrade window, and launching new, higher-priced, bundled service plans that include services many customers don’t use have all helped the company continue to boost its earnings.

“Shame on you, Verizon,” wrote another recent retiree. “I will take my business elsewhere as soon as I can. Verizon has always been more expensive, but coverage was the best, so I stuck with them.  This is the thanks you get for being a loyal customer for many years.”

A U.S. appeals court today ruled the FCC’s Net Neutrality policy requiring all Internet Service Providers to treat Internet traffic equally lacks legal authority.

The court found the FCC relied on an untenable foundation for its Net Neutrality policy that lacked legal standing, handing a victory to Verizon Communications that claimed its free speech rights were being violated.

The three judge panel were unanimous, finding the FCC could not regulate the Internet under the existing regulatory formula, in place since 2011 under the chairmanship of Julius Genachowski.

“Even though the commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates,” Judge David Tatel said.

Many analysts predicted the FCC had a shaky case from the outset, relying on a controversial classification of broadband as an “information service” that was unlikely to survive a court challenge.

“Given that the commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the commission from nonetheless regulating them as such,” Tatel wrote.

Many consumer groups argued the FCC should have reclassified broadband as a “telecommunications service” before implementing Net Neutrality. Today’s court decision seems to agree.

Wheeler

“The FCC — under the leadership of former Chairman Julius Genachowski — made a grave mistake when it failed to ground its open Internet rules on solid legal footing,” said Craig Aaron, president of Free Press. “Internet users will pay dearly for the previous chairman’s lack of political will. That’s why we need to fix the problems the agency could have avoided in the first place.”

FCC chairman Tom Wheeler expressed disappointment in today’s ruling and suggested the court would not have the last word.

“I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment,” Wheeler said in a statement. “We will consider all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans.”

“We’re disappointed that the court came to this conclusion,” said Aaron. “Its ruling means that Internet users will be pitted against the biggest phone and cable companies — and in the absence of any oversight, these companies can now block and discriminate against their customers’ communications at will.”

But the cable industry denies it will attempt to interfere with Internet traffic.

Former FCC chairman Michael Powell, who helped design the “information service” framework for Internet oversight during the Bush Administration, said the cable industry he now represents as president of the National Cable and Telecommunications Association will maintain a “hands-off” approach to Internet traffic.

“The cable industry has always embraced the principles of an open Internet and the Court decision will not change that,” Powell said. “Consumers have always been entitled to enjoy the legal web content of their choosing and they will continue to do so. An open Internet is good for our customers, and good for our business. The cable industry has always made it clear that it does not – and will not – block our customer’s ability to access lawful Internet content, applications or services.”

[flv]http://www.phillipdampier.com/video/CNBC FCC Loses Net Neutrality Case 1-14-14.mp4[/flv]

CNBC reports today’s Net Neutrality decision could impact online services like Netflix with an Internet “toll road” for video content. (1:48)

Klobuchar

After months of fruitless discussions with cell phone carriers, the U.S. Senate is moving closer towards legislation that would stop phone companies from blocking “kill switch” technology that could disable lost or stolen phones, discouraging would-be thieves.

Sen. Amy Klobuchar (D-Minn.) sent letters this week to Verizon Wireless, AT&T, Sprint and T-Mobile asking the carriers to do more to protect customers from phone theft.

Klobuchar is concerned wireless companies may be blocking cell phone manufacturers from enabling anti-theft technology customers could activate to disable missing phones and prevent unauthorized access or reactivation without the customer’s consent.

“Mobile devices aren’t just telephones anymore – increasingly people’s livelihoods depend on them,” Klobuchar said. “That’s why we need to do more to crack down on criminals who are stealing and reselling these devices, costing consumers billions every year. The wireless industry needs to step up to the plate and address these thefts, and make sure consumers have the most advanced security technology at their fingertips.”

The technology is already widely available internationally and has dramatically reduced smartphone theft by eliminating most of the resale value of the expensive devices, which are rendered useless once the phone is disabled.

Apple has contractual control over its products unlike most cell phone manufacturers.

But American carriers have so far refused permission to allow manufacturers like Samsung to introduce the feature in North America. Apple has successfully introduced a “kill switch” on many of its latest devices thanks to favorable contractual language that limits outside interference with the software Apple develops for its wireless devices. Other manufacturers are generally required to bow to carrier demands.

“I think that this is motivated by profit,” San Francisco district attorney George Gascon told CNN. Gascon reported he had seen e-mails from carriers that rebuffed Samsung’s efforts to introduce the technology in the American market.

Companies like AT&T claim that a “kill switch” feature could be exploited by hackers and make restoring service extremely difficult. But manufacturers and proponents of kill switch technology dismiss that argument, claiming the process is easily reversible once a customer enters a correct name and password. Critics believe carriers are motivated by the potential loss of millions from the sale of insurance plans, replacement phones, and the increased revenue earned from the reactivation of stolen phones.

With more than 1.6 million smartphones stolen or lost annually, carriers sell more than $800 million of replacement phones worth at least $500 each. Wireless phone companies also profit selling insurance plans priced at $7 or more monthly that offer free or discounted, typically refurbished cell phone replacements. Most customers never use the insurance plans, earning providers an extra $84 a year in revenue per customer.

Without kill switch technology and other theft prevention measures, the incentive to steal valuable smartphones continues to increase. As the price of sophisticated smartphones continues to increase, they are a prime target in street crime incidents. In San Francisco, 67% of robberies are related to mobile devices, according to the police department. Ten percent of phone owners have had a phone stolen, according to a Harris poll.

For now, the industry has only agreed to develop a voluntary database of phones reported lost or stolen. But participating carriers are largely American, allowing crooks to bypass the list by exporting phones overseas where they are quickly reactivated.

Klobuchar wants carriers to go on the record about kill switch technology, and her letter requested a formal response to three questions:

• Whether companies received offers from handset manufacturers to install “kill switch” technology;
• Have companies introduced the technology and, if not, why not;
• How companies will introduce such technology in the future.

[flv]http://www.phillipdampier.com/video/CNN Kill Switch Smartphones 11-20-13.flv[/flv]

CNN reports American cell phone companies aren’t interested in allowing customers to remotely disable their lost or stolen cell phones. (0:43)

Two years after energy conservation groups revealed many television set-top boxes use almost as much electricity as a typical refrigerator, a voluntary agreement has been reached to cut the energy use of the devices 10-45 percent by 2017.

The Department of Energy, the Natural Resources Defense Council, the American Council for an Energy-Efficient Economy, the Appliance Standards Awareness Project, the Consumer Electronics Association, and the National Cable & Telecommunications Association agreed to new energy efficiency standards for cable boxes expected to save more than $1 billion in electricity annually, once the new equipment is widely deployed in American homes. That represents enough energy to power 700,000 homes and cut five million tons of CO2 emissions each year.

“These energy efficiency standards reflect a collaborative approach among the Energy Department, the pay-TV industry and energy efficiency groups – building on more than three decades of common-sense efficiency standards that are saving American families and businesses hundreds of billions of dollars,” said Energy Secretary Ernest Moniz. “The set-top box efficiency standards will save families money by saving energy, while delivering high quality appliances for consumers that keep pace with technological innovation.”

DVR boxes are the biggest culprits. American DVRs typically use up to 50W regardless of whether someone is watching the TV or not. Most contain hard drives that are either powered on continuously or are shifted into an idle state that does more to protect the life of the drive than cut a consumer’s energy bill. A combination of a DVR and an extra HD set-top box together consume more electricity than an ENERGY STAR-qualified refrigerator-freezer, even when using the remote control to switch the boxes off.

Manufacturers were never pressed to produce more energy-efficient equipment by the cable and satellite television industry. Current generation boxes often require lengthy start-up cycles to configure channel lineups, load channel listings, receive authorization data and update software. As a result, any overnight power-down would inconvenience customers the following morning — waiting up to five or more minutes to begin watching television as equipment was switched back on. As a compromise, many cable operators instruct their DVR boxes to power down internal hard drives when not recording or playing back programming, minimizing subscriber inconvenience, but also the possible power savings.

In Europe, many set-top boxes are configured with three levels of power consumption — 22.5W while in use, 13.2W while in standby, and 0.65W when in “Deep Sleep” mode. More data is stored in non-volatile memory within the box, meaning channel data, program listings, and authorization information need not be re-downloaded each time the box is powered on, resulting in much faster recovery from power-saving modes.

The new agreement, which runs through 2017, covers all types of set-top boxes from pay-TV providers, including cable, satellite and telephone companies. The agreement also requires the pay-TV industry to publicly report model-specific set-top box energy use and requires an annual audit of service providers by an independent auditor to make sure boxes are performing at the efficiency levels specified in the agreement. The Energy Department also retains its authority to test set-top boxes under the ENERGY STAR verification program, which provides another verification tool to measure the efficiency of set-top boxes.

Comcast, DirecTV, DISH Network, Time Warner Cable, AT&T, Verizon, Cox Communications, Charter Communications, Cablevision, Bright House Networks and CenturyLink will begin deploying new energy-efficient equipment during service calls. Some customers may be able to eventually swap equipment earlier, depending on the company.

[flv]http://www.phillipdampier.com/video/WCCO Minneapolis Check Your Cable Box 6-27-11.mp4[/flv]

WCCO in Minneapolis reported in 2011 cable operators like Comcast may make subscribers wait 30 minutes or more for set-top box features to become fully available for use after plugging the box in. (1:50)

Cablevision CEO Jim Dolan may have to eat his words when he told shareholders he was done giving promotional discounts to customers bouncing back and forth between competing providers. Now Verizon has given Cablevision customers an excuse to say goodbye to the cable company for at least the next two years.

The Verizon FiOS $79.99 Triple Play promotion is back and includes a $300 Visa rebate card and free activation when ordering from Verizon’s website.

The package includes: