Verizon is charging customers for text messages sent to mobile broadband devices, even though the devices themselves have no effective way to view the messages.  That allegation is the subject of a class-action lawsuit filed against the wireless carrier by Hagens Berman LLP, a law firm representing consumers who were unfairly billed for text messages from July 28, 2004 to the present.

The lawsuit, originally filed August 4, 2010, in the United States District Court for the District of New Jersey, seeks compensatory damages and an injunction prohibiting Verizon from billing customers for text messages sent to mobile broadband devices.  The law firm sent out a reminder this week for customers either billed in the past or still being billed they still have a chance to join the lawsuit.

Verizon’s mobile broadband devices allow its customers to access the Internet through Verizon’s wireless network. Each device is assigned a unique 10-digit telephone number and therefore, text messages can be sent to the 10 digit number associated with the device. However, according to the lawsuit, the devices have no screens and users have no effective way to view them.

If Verizon billed you for text messages you cannot access in connection with your Verizon Mobile Broadband device, you can request further information or join the case at the firm’s website or by email at [email protected].

Verizon Wireless will end its unlimited data smartphone plan on July 6th, pushing future customers to choose usage tiers priced at $30 for 2GB, $50 for 5GB, or $80 for 10GB.  But existing customers with either 3G or 4G phones can keep their existing unlimited data plans indefinitely, according to leaked Verizon memos.

Droid Life has become information central about the end of unlimited data at Verizon, thanks to some good connections with employees willing to share internal company memos.  They’ve learned Verizon also plans to make some other price adjustments effective July 7th:

Tethering pricing (in addition to your existing data plan, charged separately):

• 2GB — $20/month
• 4GB – $50/month
• 7GB – $70/month
• 12GB – $100/month

Overlimit fee: $10 per gigabyte.

Tablet plan pricing changes: Delete $20-1GB tablet plan, replaced July 7th with a $30-2GB plan.

From a Verizon memo to employees:

Data Pricing Evolution…The Present
Our legacy data pricing structure was designed to address a somewhat different customer need profile than what we are seeing and can expect in the future.

Consider this. Data usage has more than doubled over the last three years. Consumers and business users alike are doing more and more with their mobile devices. The notion of “send and end” has migrated to “managing multiple aspects of one’s lifestyle through mobility.” Whether it’s social media (85%+ of Smartphone users), mobile internet (88%+ of Smartphone users), or email/applications (71%+ of Smartphone users), this usage has one thing in common—dramatically increased demand for data and media consumption.

As a result, we are evolving our approach around how we package our data solutions and pricing to our customers. Coming soon, Verizon Wireless will move from our existing pricing format to a structure designed to allow customers to choose the right data solution that best aligns with their needs.

The Value Benefit Equation…
With the new usage based pricing plans, the vast majority of our customers will be able to enjoy their typical level of data consumption for the same value that they outlay today. Additionally, for those who have greater requirements for data, we will have solutions that they can tailor to their unique needs.

Perhaps more importantly, given our strong desire to continue to provide enhanced capability and value to our customers, the new data pricing will apply to both our 3G AND 4G LTE networks. So in essence, for those customers in our ever and rapidly expanding 4G LTE network coverage footprint, users will gain the benefit of the fastest and most advanced 4G LTE network in the U.S. all for the same usage based value. More speed. More functionality. Same value.

When Verizon first spoke about AT&T ending its unlimited use plans, we noted company officials seemed hesitant to sign on to AT&T’s specific pricing model.  We interpreted that to mean AT&T was being too stingy in Verizon’s eyes.  Stupid us. Instead, Verizon is going to charge $5 more than AT&T for most of its data plans, presumably milking its much-better reputation for service and reliability.

The existing price for Verizon’s unlimited smartphone data plan is $29.99 per month.  After July 7th, one penny more buys you only 2GB on Verizon’s network.

Customers can lock in unlimited data if they sign up for service before the end of the day on July 6th.  All existing customers who want to keep their unlimited data plan can, apparently even when changing phones, for the foreseeable future.  But nothing is forever with AT&T or Verizon.  We suspect “forever” will expire when average smartphone data usage approaches the 2GB limit their future $30 plan will feature.  Currently, the vast majority of smartphone users consume less than 750MB of data per month.

The Rochester, Minn. Amateur Radio Club spent months documenting potential interference from another problem technology: Broadband Over Power Lines.

Back in 2004, the Federal Communications Commission was looking for ways to expand broadband competition.  Borrowing from a mild success story in Europe, the Washington regulator, with the help of a well-financed lobbying campaign, approved new technology that would deliver broadband service over power lines, known as BPL.  The promises were great — fast access over an extensive, already-wired network that reached virtually every home in the country.  Glossy brochures promising a new generation of broadband and new competition were sent to every member of Congress.  Dollar-a-holler groups like the New Millennium Research Council produced “research reports” claiming the technology would advent a broadband revolution.  Some investors used to sleepy returns from utility companies dreamed about the promise of a rich new revenue stream pitching broadband service.

But there was a slight problem.  The technology worked better on paper than it did in real life.  Even more importantly, it carried more baggage than USAir.  Delivering wideband broadband signals over unshielded power cables never designed to carry radio frequencies meant interference — a lot of it, to any radio band the broadband signal occupied.  That meant a horrible listening experience on AM, and practically no listening at all over the shortwave bands, designated for military communications, international broadcasters, and the amateur radio community.

The FCC approved and supported the technology anyway, promising filters and other mitigation for those impacted by interference — a notion scoffed at by the American Radio Relay League, a group representing amateur radio operators.

So why don’t we have that third choice for broadband today?  BPL technology buried itself as its woeful performance could never match the high-flying marketing promises found in the brochure.

Fast forward to 2011 and manufacturers of satellite navigation devices, popularly known as GPS units, are terrified America is about to embark on another dreadful mistake.

LightSquared, a new entrant in the telecommunications marketplace, is constructing a nationwide 4G wireless broadband network with traditional ground-based antenna towers supplemented with a satellite system providing coverage in rural areas.  The company’s new network will occupy a frequency band just adjacent to that used by global positioning satellites, the backbone of the GPS system that some LightSquared critics contend will be crippled if the company’s 4G network is ever switched on.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/LightSquared Intro.flv[/flv]

LightSquared released this promotional video talking up their future network.  (2 minutes)

Early interference tests conducted by a federal working group show those critics may be right.  Because satellite signals are so weak, manufacturers like Tom-Tom and Garmin must create highly sensitive GPS receivers to handle the faint signals.  Because these units are not always selective enough to reject adjacent signal interference, a neighboring transmitter delivering a much more powerful signal — such as that from LightSquared — could overwhelm them.

Independent testing found serious interference problems even for professional grade GPS units used by civil aviation, ships, and emergency responders.  A sampling:

• GM’s OnStar system received significant interference, making it difficult to identify the location of crashed vehicles and disrupting turn-by-turn directions and other navigation services;
• In recent tests in New Mexico, LightSquared caused GPS receivers used by nearby police, fire and ambulance crews to lose reception;
• John Deere’s agricultural equipment incorporating GPS technology failed to receive signals during the LightSquared testing;
• Both the Coast Guard and NASA reported significant interference to their GPS receivers;
• The Federal Aviation Administration reports their GPS receivers completely failed while the tests were conducted.

The red box identifies the spectrum assigned to LightSquared. Its immediate neighbors are faint signals from communications satellites. (click to enlarge)

With complaints like that coming after a small-scale test, the thought of 40,000 ground-based LightSquared towers obliterating the nation’s access to GPS is more than just a little concerning to users and manufacturers.

“LightSquared’s network could cause devastating interference to all different kinds of GPS receivers,” Jim Kirkland, vice president and general counsel of Trimble Navigation Ltd., told the Washington Post.  Trimble manufactures GPS devices.

The Radio Technical Commission for Aeronautics advised the FAA its own independent tests of the LightSquared system found the consequences of turning this 4G wireless service on would be cataclysmic for GPS signals, making most satellite navigation equipment completely useless in most major metropolitan areas.

LightSquared executive vice president Jeffrey Carlisle told the Post he remained confident that the two systems could co-exist, even admitting he expected to find interference issues.  Carlisle says the real question is how to mitigate it.

This is not the first time interference issues have come before the FCC.  Nearby spectrum neighbors often don’t get along, especially when one licensed user relies on weak signals from space and the other utilizes more powerful ground-based transmitters.  The Commission has even fielded complaints over garage door openers interfering with certain military radios.

LightSquared’s network concept isn’t by itself the problem.  XM Radio manages to operate its mix of satellite-delivered radio and 900 ground-based repeater transmitters without creating interference for other users.

Deere Companies produced this diagram showing a comparison of the respective power levels of LightSquared signals vs. satellite navigation signals.

Unfortunately for LightSquared, it has several problems to contend with, the most significant being its “zoning problem.”  The souped-up 4G network is simply not in character for the spectrum neighborhood it calls home.  It’s a McMansion being built in a neighborhood of cottages.  LightSquared’s neighbors are low powered satellite signals in the 1-2Ghz range, including those from the satellites which provide GPS.  In certain cases, receiver equipment can be designed to reject the adjacent interference a network like LightSquared could create, but with millions of existing GPS units already in use, that may prove impractical.

LightSquared has tried to rope off its channel space as much as possible, trading spectrum with other nearby users to create a nearly contiguous 20Mhz slice it can dedicate to its signals, in hopes of reducing interference.  But the recent tests suggest this may not be enough.  General Motors suggested LightSquared needs to find a better neighborhood — one more suited to the kind of signal it wants to offer.  That could come from a spectrum trade or a frequency reallocation by the FCC.

The FCC is taking a “wait and see” approach so far, claiming further tests are needed.  But the agency earlier pledged it would not allow LightSquared to operate its network if it created major interference problems for other spectrum users.  Some GPS manufacturers think that commitment is too vague, because “major interference” is in the eye of the beholder.

Those concerns may be warranted, considering the FCC earlier found its way clear to ignore the documented interference Broadband Over Power Lines created over both the AM and shortwave radio dial.  Even after a blizzard of lobbying and campaign contributions won support for BPL in Washington, the ultimately inferior product that resulted couldn’t win the support of the group that ultimately mattered most — paying customers.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Ahuja Says LightSquared to Finish 4G Network Before 2016 6-11-11.flv[/flv]

Sanjiv Ahuja, chief executive officer of LightSquared, talks about the company’s efforts to build a wireless broadband network as other spectrum users challenge the company’s potential to create interference.  (7 minutes)

The U.S. Cattlemen’s Association this week took some time out to go all out for AT&T’s proposed merger with T-Mobile.  In addition to successfully navigating the FCC’s arcane comment filing system to submit their comments in favor of the merger, the group also penned a lengthy, favorable guest blog for Washington, D.C. inside-the-beltway-favorite, The Hill newspaper:

The expansion of next-generation wireless broadband envisioned by the T-Mobile and AT&T merger, for example, is critical for the next stage of rural America’s evolution and success. It will allow ranchers, farmers, and all rural residents who have been traditionally underserved to finally gain access to the best that mobile broadband has to offer, including faster and more reliable connections. We strongly encourage the Federal Communications Commission to support these developments as an investment in both the current and future generations of agricultural producers and small communities across rural America.

The cattlemen’s group has had a lot to say about telecommunications issues, especially mergers and acquisitions.  It was cited by Verizon as a supporter of its merger with Alltel in 2008, signed a joint letter in 2008 from industry-connected Connected Nation for a broadband plan compatible with the interests of the nation’s largest cable and phone companies, wrote a letter to the FCC opposing Net Neutrality in 2009, and submitted two pages of comments in May favoring the merger between AT&T and T-Mobile.

Apparently there is plenty of free time on the ranch to ponder billion dollar telecommunications mergers.

The argument from the group is that permitting mergers and blocking open net policies like Net Neutrality will convince carriers to provide enhanced service in rural areas where cattle ranches predominate.  But facts in evidence illustrate how wrong-headed that argument is:

• Verizon’s merger with Alltel has done nothing to bring its LTE network to rural America.  Verizon is focusing LTE upgrades on the markets where it makes the most business sense, and that does not include rural Texas or Oklahoma;
• The National Broadband Plan has directed stimulus funding for rural projects that are most likely to reach their ranch members — wireless ISPs and rural DSL.  The cattlemen’s group has nothing to say about either provider;
• Net Neutrality and the policies of an open and free Internet have no real impact on rural broadband deployment.  The same companies refusing to provide service yesterday are still refusing to provide service today, and that includes completely exempted wireless providers;
• T-Mobile’s urban-suburban focus is a mainstay of its business plan.  T-Mobile has never prioritized rural America as a viable service area, relying on roaming agreements to fill in service gaps.  Combining its urban-focused wireless infrastructure with AT&T will add nothing to the rural wireless experience.

The Washington Post finds financial connections between AT&T and the cattlemen group.

Advocating for a merger with T-Mobile makes about as much sense as the group advocating for a T-Mobile merger with Leap Wireless’ Cricket or MetroPCS.  All have a record of indifference about providing service in rural areas themselves.

So why does the group persist in fronting for AT&T’s public policy agenda?  Cecilia Kang at the Washington Post tweeted the obvious answer — they receive support from AT&T.

The piece for The Hill was penned by Jess Peterson, the cattlemen group’s executive vice president.  But Peterson has a second career: president of Washington, D.C.-based Western Skies Strategies, a lobbying firm that promises “success and profitability to our valued clients every time.”

The concept of dollar-a-holler public advocacy is not new, but AT&T is the Master of the Astroturf Universe.  The Center for Responsive Politics notes that from 1989 to 2010, no single company spent more on campaign contributions than AT&T.  Since 2008, more than $1.25 million has been “donated” to politically-connected charities and those willing to lend their name and reputation to back the company’s public policy agenda.

Facts have a hard time penetrating piles of cash, but here are some anyway:

1. T-Mobile’s combination with AT&T may create additional capacity for the combined company, but almost entirely in urban and suburban areas that will do nothing to help rural wireless.
2. No telecommunications company has a track record of providing service in areas unprofitable to serve or fail return on investment demands.  No merger will change that.
3. Promises for network upgrades already committed in long-range business plans do not sweeten a bitter deal for Americans concerned about competition in the wireless marketplace.
4. T-Mobile’s track record as being the most market-disruptive in pricing and innovation will be eliminated in a merger with America’s lowest rated wireless carrier.
5. Any excitement for rural wireless broadband from AT&T is tempered when would-be customers realize the company enforces a 2GB usage cap with an overlimit fee on their smartphone data plans — an Internet Overcharging scheme more punishing than either Verizon or Sprint.

Get government subsidized satellite "broadband" at speeds up to 1Mbps, as long as you honor strict usage limitations.

With much fanfare, ViaSat’s WildBlue has unveiled a special discounted satellite “broadband” offer that comes courtesy of United States government taxpayer funding:

WildBlue’s same great service at an ultra-low price, courtesy of the U.S. government.

WildBlue, through the U.S. Recovery Act brings a special offer for high-speed Internet to areas unserved by wireline providers. It’s the most affordable deal we’ve ever offered, and the monthly price for this special package is guaranteed for as long as you remain a WildBlue customer. Take advantage of government funds to get High Speed Internet at discounted rates.

For $39.95 per month, WildBlue will provide the satellite equipment to deliver qualified subscribers up to 1Mbps service, subject to a monthly download limit as low as 7.5GB per month for downloads, 2.3GB per month for uploads.  Customers who exceed the limits will have their 1Mbps service throttled to near-dial-up speed until usage falls below the company’s “fair access policy.”

WildBlue explains the limited-time offer is made possible by funding from the American Recovery and Reinvestment Act of 2009.  Through a grant from the Department of Agriculture’s Rural Utilities Service (RUS), certain rural customers might qualify for the discounted pricing.

WildBlue only received authorization to deliver the discounted service to locations west of the Mississippi — specifically those not within an existing RUS project zone, are located in a defined rural area, and cannot receive service from a telephone, cable, or fiber provider.  Current WildBlue customers also do not qualify.

The grant funding covers installation and equipment charges, the client only pays for the service itself.  But would-be customers are required to commit to at least one year of service or face an early termination penalty and must pass a credit check.

WildBlue customers, as well as those of other satellite providers, have given satellite Internet access low satisfaction scores, primarily because of speed and usage limitation issues.  But for some without any other choice, it is a service they live with for basic web access.