And then there were three?

Deutsche Telekom has held talks about a possible merger with Sprint in exchange for a major stake in the combined entity, according to people with knowledge of the matter.

The German phone company, owner of T-Mobile, America’s fourth-largest cell phone company, has been pounded by analysts after revealing its earnings for 2011 were likely to be below expectations.  T-Mobile, DT’s American brand, has faced harsh criticism for its stagnant performance, declining earnings, and bleak future.

Michael Kovacocy, director of Equity Evolution Securities, told CNBC T-Mobile is essentially in last place among America’s major national carriers and is going to stay there so long as it targets value-conscious customers who care more about a lower bill than a robust network.

“We think in the long term, perhaps, their position is unsustainable,” Kovacocy said.

Deutsche Telekom, the German phone company, does considerably better in Europe than in the United States.

The analyst predicts T-Mobile will always be relegated to #4 status in an American market dominated by Verizon and AT&T, with Sprint behind in third place.  T-Mobile is further back than that and has stagnated.  Unless they make radical changes — changes Kovacocy feels will be destructive to shareholder value — such as price cuts or major infrastructure improvements, T-Mobile will remain an also-ran.

“They have the wrong customers, the wrong network, and we think their spectrum is very difficult because it’s uncompetitive versus some of the spectrum AT&T and Verizon has,” Kovacocy said.

T-Mobile saw the departure of at least 150,000 customers during the last quarter — most heading for other carriers.

Talks between the two companies have reportedly been difficult, however, over Sprint’s willingness to meet DT’s price.  Sprint has seen losses erode the value of its competitor, and may want to pay less than the $25 billion estimated value of T-Mobile’s network and operations.

Sprint has experience trying to integrate customers from two incompatible networks together, with less than spectacular results.

Another problem:  the two networks rely on different and incompatible standards — CDMA for Sprint and GSM for T-Mobile.  Sprint experienced major integration problems once before, when it acquired Nextel from Craig McCaw in 2005.  Nextel’s iDEN network enabled the popular “push-to-talk” feature beloved by construction workers and contractors, but made integrating the Nextel family into Sprint a hellish nightmare.  After initially promising to phase out the iDEN network by 2009, Sprint recently announced it had pushed back the date of decommissioning to 2013.

A buyout of T-Mobile could leave Sprint serving customers on three different networks — its own customers, those still on Nextel’s network, and T-Mobile.

Although predictions are already being made the merger would pass muster in Washington, public policy groups concerned about the ongoing loss of competition in the wireless marketplace will have a major example to show this practice at work.  Americans continue to face some of the most expensive cell phone service in the world, and T-Mobile’s aggressive pricing helped keep other carriers from raising prices much further.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Deutsche Telekom May Sell T-Mobile USA Unit to Sprint 3-8-11.flv[/flv]

Bloomberg News covers the possible sale of T-Mobile to Sprint.  (6 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Sell Deutsche Telekom 2-25-11.flv[/flv]

Back on Feb. 25, CNBC  interviewed one of several analysts who were upset with T-Mobile’s likely performance in 2011.  (4 minutes)

Avila’s bill, H129, is up for a vote early this afternoon.  If you live in North Carolina, this is your last chance to contact the members of the committee voting on the bill and encourage them to vote NO.  Tell them you are tired of these anti-competitive bills coming up year after year.  Let them know you support community broadband, that the bill does not exempt existing networks from its lethal regulatory requirements, and that there is no need for these kinds of bills, as local governments already answer to voters.

Rep. Marilyn Avila (R-Time Warner Cable) is getting significant blowback from some of her own constituents for introducing a bill that benefits a cable company, and almost nobody else.

Avila’s district extends into the northern part of Raleigh, the capital city of North Carolina.  Now, the city is making it clear it wants no part of Avila’s bill, H129, which will guarantee residents will continue to pay escalating cable bills year after year.

Raleigh’s City Council adopted a resolution opposing Avila’s legislation, written on behalf of Time Warner Cable.

H129 will destroy North Carolina’s community-owned broadband networks and prevent new ones from launching.

Council Member Bonner Gaylord, who authored the resolution, says passage of these kinds of anti-competitive bills would stop local governments from providing needed communications services, especially advanced high-speed broadband, and deny local governments the availability of federal grants under the American Recovery and Reinvestment Act to assist in providing affordable access to high-capacity broadband service in unserved and underserved areas.

North Carolina’s broadband rankings do not speak highly of the state’s existing broadband penetration, speeds, or pricing.  Large parts of western North Carolina lack broadband altogether, and what is available is often very slow speed DSL, often providing just 1.5Mbps service.  The mountainous western areas of the state are not well-reached by cable companies, and because of geographic and distance impediments, even telephone company DSL service is sporadically available.

Take Rockingham County, where the local government is pre-occupied with trying to find providers — any providers — to extend broadband service across the north central part of North Carolina.  Adjacent to Caswell County (which Stop the Cap! featured last year), it’s just one more example of how providers have ignored large sections of the state too rural, too poor, or too difficult for them to reach.

On Monday, Mark Wells, executive director for the Rockingham County Business and Technology Center, delivered a report to the county on his progress trying to get someone to provide service between the communities of Wentworth and Madison, which currently have no access to broadband.  Wells reports he is doing all he can to get CenturyLink, the area’s phone company, to step up and provide service, and the county is trying to see if Clearwire could extend service into the northern sections of the state.

Rockingham County, N.C.

Unfortunately, Clearwire has proved to be no broadband replacement, heavily throttling their customers to speeds that occasionally seem more like dial-up than actual broadband.

Rockingham County opposes H129 for the same reasons the city of Raleigh does.  The Board of Commissioners recognizes the broadband reality of northern North Carolina.  Unless local governments have a free hand to address the digital divide themselves, there will be no long-term solution for broadband availability in rural North Carolina.  That’s the message they are sending to their representatives in Raleigh.

Addressing the state’s broadband shortage requires public and private assistance.  Public governments can construct networks that require a longer window to pay off than private “return on investment” requirements allow, and private companies can access community networks to sell their services to the public they currently do not serve (or serve well).

But because companies like Time Warner do not want the competition, particularly from networks more advanced and capable than their own, they would prefer to see them shut down and banned — which is exactly what Avila’s bill would accomplish.

Last year, Sen. David Hoyle openly admitted Time Warner Cable wrote his bill.  There is little doubt the same is true for Avila’s bill this year.

The city of Raleigh, North Carolina

The city has an entirely different set of recommendations for Avila to consider:

1. The State of North Carolina adopt policies to encourage the development of high-speed broadband, including advanced, next-generation fiber-to-the-premises networks, in order to fully serve the citizens and advance education and economic development throughout the state;
2. The General Assembly provide incentives for both public and private development of high-capacity connections in order to handle rapidly growing data needs;
3. The General Assembly promote competition by curtailing predatory pricing practices that are used to push new providers and public broadband services out of the market; and,
4. The General Assembly reject any legislation similar to the Level Playing Field bills that would have a chilling effect on local economies and would impede or remove local government’s ability to provide broadband services to enhance economic development and improve quality of life for their citizens.

The resolution also noted that several North Carolina municipalities; including Wilson, Salisbury, Morganton, Laurinburg and Davidson, already have successfully launched local high-speed broadband networks in response to private provider’s unwillingness or inability to provide high-speed service “to serve the public and promote economic development in their respective areas.”

Meet Daniel and Kate Methot, proud owners of $5000+ in Bell data charges the company cannot explain.

A couple from Merritt, B.C. has received bills from Bell for more than $5,000 in data usage, even after the skyrocketing bills made the family so frightened of their phone, they turned it off.

This is the story of Daniel and Kate Methot, who purchased a smartphone from Bell in October of last year.  When the first bill arrived, it contained more than $1,000 in data charges.

“My wife looked at me and I thought ‘Oh boy, what did I do that I didn’t know that I had done? I am in trouble’,” Daniel told CBC News.

When Internet Overcharging of this magnitude occurs, most people first blame themselves, assuming they did something wrong.  The Methot family figured they downloaded a malfunctioning or data hungry app or left something running on the phone.

“We never thought we would be billed for something we weren’t using. That was sort of a new concept for us,” Daniel said, but the family still sought guidance from Bell on how the charges could get that high.

“They really couldn’t give us an answer,” Kate said.

The family deleted everything they could find on their new Samsung Galaxy phone in hopes of stopping the surprise charges.

But when the December bill arrived, the couple was horrified to discover their new bill was more than $3,500 — almost entirely for data usage that literally cost Bell pennies to provide.  In fact, the phone company managed to bill the couple for 30 hours of usage during one 24-hour day, a clear warning sign there was a severe billing problem at work here.

But when it comes to protesting charges with Bell, the Methots discovered customers are guilty until proved innocent.

“I felt like I was being treated like a criminal — like we were trying to essentially steal from them,” Daniel said. “When you call in to argue a bill, that’s what they do. They tell you to pay — and don’t ask questions.”

Kate got a stern lecture from Bell telling her to quit watching videos on her phone all day long.

Of course, the couple denied doing any such thing.  In fact, by the time January arrived, both Daniel and Kate became afraid of even going near their phone, much less using it.  The couple routinely shuts the phone off when they are not actually using it for calls, but still the data charges kept coming — more than $5,200 to date.

CBC News asked Bell several times for a response to the Methot’s complaint. While refusing an in-depth interview on the topic, Bell told CBC News it cannot yet explain what is happening with the account.

That hardly inspires confidence for the Methot family.  Despite Bell being unable to explain the charges, they continue to insist on being paid for at least some of them.

The couple even hired a lawyer for $400 to send a letter to Bell demanding better answers or the couple would not continue to pay the unexplained charges.

In that case, Bell would simply turn their account over to collections, and potentially ruin their credit rating.

Bell’s theories about the stratospheric bills include:

• They are running up the bill themselves and now trying to run away from the charges they incurred;
• They are using the phone’s Wi-Fi hotspot feature, inadvertently allowing the entire neighborhood to share their connection;
• They are watching Netflix all day and into the night;
• They ran across the border into the United States and are incurring roaming charges;
• They are tethering their computer to the phone and that consumes massive amounts of data.

The one explanation Bell hasn’t imagined is that their billing system is completely fouled up and their usage meter cannot be trusted.  One might imagine Bell could actually determine where the phone is being used, to dismiss the roaming theory.  Plus Daniel reports he is incurring data charges even when the phone is completely powered off.

Finally, Bell admitted they were responsible, credited the account for more than $3,000 of the charges, and the Methot family thought their long nightmare was over.

Only it isn’t.

Merritt, B.C.

Days later, though, they received a bill with $1,204 in new charges.

“It was just a temporary relief and then the stress is back again,” Kate said.

“At that point I wasn’t interested in being a Bell customer anymore,” Daniel added.

On top of that, Bell has reneged on their apology, now claiming they were not responsible for the faulty charges after all.  The Methot family can pay their $1,200 phone bill with cash, check, money order or credit card.  And if they plan to leave, they better be ready to cough up the early termination fee as well — another several hundred dollars.

Isolated incident?  Don’t bet on it.

“These customers are not alone,” Howard Maker, the head of the federal Commissioner for Complaints for Telecommunications Services told CBC News. “Unfortunately, Canadian telecom consumers do suffer from many billing errors from their providers.”

Maker said his office received more than 1,900 complaints about wireless providers last year, and 40 per cent of them were about overcharging.

With Bell insisting customers can trust their usage meter — the one that generates $5,000 in data charges for one family alone — Canadians should prepare themselves for the bills that will follow. With no oversight agency able to monitor the accuracy of the meter, Bell customers will just have to take their word for it.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/CBC News Couple’s huge bills unexplained by Bell 3-1-11.flv[/flv]

CBC News talks with the Methot family about their Internet Overcharging experience.  (5 minutes)

Consumers looking for better deals on AT&T phones have until March 8th to grab them because after that date, AT&T phones will no longer be sold by most third-party online retailers.

Wirefly, which runs its own online storefront in addition to selling phones through Dell and Amazon.com, is a major dealer of AT&T phones and routinely undercuts pricing offered by AT&T’s own website and retail outlets.

Andy Zeinfeld, Wirefly’s CEO announced the change on the company’s website:

Unfortunately, circumstances prevent us from being able to deliver on this promise with regard to AT&T phones. It is therefore with regret that I must inform you that effective March, 2011, we will no longer offer AT&T products and services on Wirefly.com.

[…] As circumstances allow, we will work with AT&T toward the goal of offering their products and services again in the future.

LetsTalk made a similar announcement to their affiliates: “We’re reaching out to let you know of an upcoming change to our carrier offering.  Effective March 8th, LetsTalk as well as other web indirect agents […] will no longer be able to offer AT&T Wireless as a carrier option to our customers.”

The change likely indicates AT&T has radically reduced compensation for third party sellers.  Most earn discounts and commissions on phone sales — part of that savings is passed on to consumers in the form of lower prices, part is pocketed as revenue.

Consumers looking for bargains will pay the price.

Take the HTC Surround. AT&T sells the phone to new customers for $49.99. Wirefly sells the same phone for as low as $24.99, and LetsTalk gives you the phone for free with a new, 2-year contract.  Motorola’s Droid X that Verizon sells for $199 can be had for free from Wirefly or LetsTalk — no sales tax either.

Both AT&T and Verizon have been scaling back discounts and promotions on new phones in an effort to cut costs.

Gov. Scott Walker’s administration in Wisconsin is under fire today for being allegedly caught blocking access to a website popular with protesters fighting the governor’s position on public unions.

Democratic party officials said that the website, www.defendwisconsin.org, run by the University of Wisconsin-Madison Teacher Assistants, was accessible after its launch last week until at least Friday.

But by Monday, the website organizers discovered the site was blocked for those using the state’s free Wi-Fi network available inside the Capitol building.  The website is used to coordinate protest actions and keep volunteers informed about the pushback campaign against the Walker Administration.

Wisconsin Democratic Party Chairman Mike Tate says that the site was put on a blacklist typically used to filter out pornography sites so that protesters inside the Capitol could not access the site.

Former Wisconsin Assistant Attorney General Charles Hoornstra said that, if Walker is blocking the website, it could be a violation of state and federal laws concerning free speech laws.

This isn’t the first time the state government has been accused of cutting off Internet access.  The Teaching Assistants Association earlier accused state authorities of cutting off Wi-Fi access to a room they had taken over as a headquarters inside of the Capitol.

Some of the activists in Madison used the occasion to draw comparisons with Internet shutdowns in Egypt and Libya. CNN picked up the story, taking it nationwide, and Sachin Chheda, a Democratic activist and former IT employee at the Capitol, said someone inside the government would have to consciously add the website to a blacklist for the software to block access.

The Walker Administration offered its own explanation of the blocked website, claiming the state’s software initially allows access to all websites until it is updated, then blocks sites until they are manually reviewed.

Department of Administration spokeswoman Carla Vigue said, “DOA’s security software automatically blocked the site, as it does all new websites.”

“No one here at DOA decided to block it or took action to do so,” he said. “The website is handled like any other website.”

Activists at the state Capitol tested Vigue’s explanation today, visiting newly registered domains with new websites, and had no trouble accessing any of them.

“The state got caught censoring and now they are making up stories to distract and deflect,” Paul Jeson tells Stop the Cap! “Since when does net nanny software require the manual review of every website in the world to unblock access — the whole point of the software is to arrive with a blacklist filter pre-installed and programming that checks content in real-time looking for triggers.”

Jeson says unless a protester exposed themselves in a photo republished on the site, there is no reason it should have been blocked.

“I doubt Gov. Walker himself ordered the block, but some of his associates treat the 1st Amendment as something worthy of defending only when it protects their point of view,” Jeson opines.  “Imagine what would happen if the Capitol Wi-Fi blocked Fox News or one of several anti-union, pro-Walker websites that popped up at the same time defendwisconsin.org was launched; I am not surprised none of those sites favorable to the governor’s position have complained about similar blocks.”

The governor’s office late in the day tried to change the subject.

“The Democratic Party should spend less time lying about Gov. Walker, and more time trying to get their AWOL State Senators back to Wisconsin,” said a statement released by the governor’s office.

CNN covered this statement from the Wisconsin Democratic Party on a poor telephone line. (1 minute)
You must remain on this page to hear the clip, or you can download the clip and listen later.