New York City Mayor Michael Bloomberg has called Verizon’s notification that phone service in lower Manhattan will not be back to normal until late next spring “unacceptable.”

Hurricane Sandy’s storm surge ruined at least 95 percent of Verizon Communications’ landline network in the lower half of Manhattan leaving numerous businesses without phone service with little hope service will be restored this year.

“Their schedule right now says that lower Manhattan is not going to be back up until May,” Bloomberg said in a recent speech.

The mayor is upset with Verizon’s timetable because a number of major buildings in the area cannot be reoccupied by business tenants until telephone service is restored, and Verizon is facing questions about why it will take a half-year to get phone service back up and running to everyone that wants it.

When local cable news channel NY1 asked Verizon how many customers were still without service, a spokesman told the reporter it did not know, adding some customers have priorities more pressing than phone service.

Verizon has chosen not to replace much of the damaged copper infrastructure and plans to invest in more reliable fiber optics in its ongoing effort to meet its FiOS rollout obligations in New York City, but that does not satisfy many business owners who cannot process credit card transactions or, in some cases, run their businesses as long as phone lines remain out of service.

This week a coalition of interest groups petitioned New York’s Public Service Commission asking them to impose new requirements on the state’s utility companies to develop comprehensive emergency response plans that acknowledge climate change and the extreme weather events that accompany it.

The petition was filed by the Columbia Law School Center for Climate Change Law, Natural Resources Defense Council, New York League of Conservation Voters, Pace Energy and Climate Law Center of Pace Law School, Municipal Art Society of New York, Earthjustice, Environmental Advocates of New York, and Riverkeeper.

The petition notes in the past two years alone, New York City has been hit by two of the largest hurricanes in history (Irene and Sandy).

The group’s observations are shared by some of the state’s highest elected officials.

“In just 14 months, two hurricanes have forced [New York City] to evacuate neighborhoods — something our city government had never done before,” New York City Mayor Bloomberg wrote in an editorial for Bloomberg View. “If this is a trend, it is simply not sustainable.”

New York Governor Andrew Cuomo echoed Bloomberg’s concerns:

Extreme weather is a reality. It is a reality that we are vulnerable. And if we’re going to do our job as elected officials, we’re going to need to think about how to redesign, or as we go forward, make the modifications necessary so we don’t incur this type of damage…. For us to sit here today and say this is a once-in-a-generation and it’s not going to happen again, I think would be short-sighted…. I think we need to anticipate more of these extreme weather type situations in the future and we have to take that into consideration in reforming, modifying, our infrastructure.

The coalition claims current utility policies are designed for short-term disaster response procedures, which they call inadequate.

Most utility companies develop plans based on historic weather patterns the environmental groups argue cannot take into account the more extreme weather patterns afflicting the state. The PSC can mandate utilities do more.

New York’s utility infrastructure is also deemed outdated, with much of it exposed above-ground, vulnerable to storm damage. The state also lacks more advanced technology including smart electricity grids, telecommunications fiber rings that can reroute around cable cuts, and reinforcement of vulnerably placed generator plants, telephone switches, and utility substations.

Despite the criticism, Verizon CEO Lowell McAdam remained upbeat about Verizon’s performance, particularly noting strong growth in wireless.

In the third quarter when Sandy struck, Verizon picked up 1.54 million more contract customers, exceeding the 901,000 estimate predicted by analysts polled by Bloomberg News. The wireless profit margin at Verizon also reached a new milestone – 50 percent, up from 49 percent in the second quarter.

[flv width=”534″ height=”320″]http://www.phillipdampier.com/video/NY1 Bloomberg Criticizes Verizon For Slow Recovery Of Service 12-6-12.mp4[/flv]

NY1 reports business customers in lower Manhattan are not too pleased waiting for Verizon to repair their landlines.  (2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Verizon Restoration of Verizon’s Lower Manhattan Cable Vault 11-12.flv[/flv]

Verizon produced this video showing off its own restoration efforts in a downtown Manhattan cable vault.  (3 minutes)

Eight channels are missing from Raleigh-area televisions.

Time Warner Cable dropped eight analog channels from its lineup in Raleigh recently, advising customers they will need either a digital transport adapter (DTA) or standard set top box to get those channels back.

But one Raleigh customer tells Stop the Cap! those DTA boxes are hard to come by at the moment, forcing some to get costly set top boxes instead.

“We have been told three times by Time Warner Cable there is a multi-week wait for the free boxes, but we can get all the set top boxes we want today, for more than $6 a month each,” complains Rachel, who has three TV’s that need a box solution. “You think they would have waited for enough equipment before they took the channels away.”

Now missing from the analog lineup: C-SPAN, CMT, Oprah Winfrey Network, VH-1 Classics, Discovery Fitness & Health, Lifetime Movie Network, TruTV and the Golf Channel.

Jim DuBreck thought he had nothing to worry about when Time Warner sent him a postcard alerting him those eight channels were only going to be available in digital starting this month. He told ABC11 he already has a digital TV. Time Warner did not tell him that was not enough to keep watching.

DuBreck later learned the cable company not only converted the channels to digital, it also encrypted them. His digital TV would still need either a set top box or DTA. Only he is still waiting for the five DTA boxes for his own televisions.

Time Warner told the station they have seen a much higher demand than anticipated for the adapters. So, there may be some temporary delays before receiving one. DTA boxes are free for two years, set top boxes are not.

Customers better get used to it. Time Warner is gradually converting their systems to digital lineups, so as time goes by, more analog channels will disappear.

Time Warner Cable explained why:

“Moving analog channels to digital frees up capacity in our network to bring customers faster internet like we just did last week when we boosted the speeds of our standard internet service by 50 percent. Providing channels digitally also allows us to offer customers more because it’s dramatically more efficient: We can deliver up to four HD channels, or as many as 12 standard-definition digital channels, using the same capacity as it takes to carry one analog channel.”

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/WTVD Raleigh Cable customer upset over Time Warner changes 12-14-12.flv[/flv]

WTVD in Raleigh helps Time Warner Cable customers understand where some of their analog channels are going.  (3 minutes)

Cox injected this pop up message when customers launched their web browsers over the weekend, notifying them about the e-mail outage. (Courtesy: Broadband Reports forum reader ‘bb44’)

Our friends at Broadband Reports have been tracking Cox’s near-nationwide e-mail outage that left millions of customers without access to their company-supplied accounts over the weekend.

Customers in Rhode Island, Nebraska, Virginia, Arkansas, Florida, Kansas, Louisiana, and beyond began noticing the problem on Friday. Only Cox’s customers in the western and mountain states seemed unaffected.

Cox blamed the problem on a “failing server.” In an effort to reduce calls from complaining customers, Cox used a browser injection notification message alerting subscribers whenever they opened their web browsers. Sending e-mail to all affected subscribers was obviously not an option.

Cox customers, including many small businesses that still rely on their Cox-supplied e-mail addresses were very unhappy about the length of the outage.

By Sunday afternoon customers like Bill Roland of Ocala, Fla. were fed up.

“Heads should roll over this one and we should all get a credit on our bills,” Roland wrote on Broadband Reports’ Cox Forum. “I don’t really care when it’s out for 15 minutes in the middle of the night due to a maintenance window, but going on 48 hours with no end is sight is not acceptable.”

Roland would have to wait until early Monday morning for the queued mail held since the outage to begin slowly arriving in his mailbox.

Cox shared this statement about the outage:

As of 6:30 am ET, access to Cox email has been restored to all customers previously affected by the email outage. All customers should now be able to send and receive email messages.

If you lost access to your email during this outage, we have queued your emails received since Friday. You may continue to receive these queued emails over the course of the next several days. These will arrive gradually and may not be delivered in chronological order.

Now that service is restored we are moving forward with replacing email storage platform equipment and implementing measures to prevent a reoccurrence of these issues. We will remain intensely focused on this effort until all queued email messages are successfully delivered. Technical teams continue to be on high alert and monitoring systems closely.

We deeply regret the impact this outage has had on our customers and truly appreciate their patience as all Cox resources continue to be focused on this restoration effort.

Cox customers can call the company and request a courtesy credit for the outage, which the company is providing to those particularly upset by the e-mail loss.

Among those hardest hit: small businesses like those in Providence, RI which are particularly dependent on answering e-mail from customers during the holiday season. Several made their apologies to customers on their websites.

The best solution to this dilemma is to avoid using ISP-supplied e-mail accounts. Cox customers using Gmail or other web-based e-mail providers never realized there was an outage.

“The best reason not to use your ISP e-mail account is that it ties you down with your broadband provider,” writes Cox customers and Stop the Cap! reader Sam Hernandez. “I bought my own domain name for around $7 and I use Gmail to handle everything and have been able to switch providers or move to another city and never have to change my e-mail address. Gmail has proved to be very reliable as well.”

[flv width=”640″ height=”363″]http://www.phillipdampier.com/video/WJAR Providence Cox reports email outages now fixed 12-16-12.flv[/flv]

WJAR in Providence reports Cox’s near-nationwide weekend e-mail outage caused problems for area small businesses during the critically-important holiday season.  (1 minute)

Enjoy arrest and deportation.

If Time Warner Cable was hoping to attract new customers, allowing employees to arrange for their arrest and deportation is probably not the best way to accomplish that.

But that is precisely what happened to a Burlington, N.C., mom who tried to order cable service for her daughter with a fake Social Security number. An off-duty local police officer working part time as a security guard in the cable office overheard the conversation and arranged for the woman’s arrest.

Now 27-year old Lorena Yanez-Mata faces deportation to Mexico because she is in the United States illegally.

Yanez-Mata tried to use her individual taxpayer identification number to order cable service. The cable company rejected that, insisting on a Social Security number. So she arrived at the cable store with a counterfeit card with a random nine digit number.

When the security officer overheard the conversation, Time Warner Cable says he acted on his own initiative to contact local police, who arrested Yanez-Mata as soon as she left.

Yanez-Mata was charged with obtaining property by false pretense because of the phony Social Security number. But her prospects are likely to be more serious when she arrives in a Charlotte immigration court for possible deportation.

Time Warner Cable tried to distance itself from the debacle, claiming it is against their policy to share personal information with law enforcement and the security officer was not following any company procedure or direction. The cable company has no interest in bringing charges against the woman.

The company did not explain what would happen to the security officer who apparently disregarded the cable company’s policies when he choose to share potentially confidential, personal information with authorities. Nor did the company say whether it planned to issue new directives to avoid similar situations in the future.

Although Triad area residents and the local media used the incident to debate the issue of illegal immigration, another question remains: should an off-duty police officer working as a security guard act on private information he overhears and initiate a police investigation contrary to the interests of his employer?

[flv width=”604″ height=”424″]http://www.phillipdampier.com/video/WFMY Greensboro Burlington Mom Faces Deportation After Trying To Get Time Warner Cable 12-12-12.flv[/flv]

WFMY-TV in Greensboro used the story of the Burlington mom to address the larger issue of why people illegally immigrate to the United States. We are wondering how Time Warner plans to handle employees sharing customer information with the authorities. (2 minutes)

Think your wireless service contract ties you down?

More than 500 Canadians filed comments about their wireless service with the Canadian Radio-television and Telecommunications Commission as the telecom regulator wrestles with a proposed code of conduct for Canada’s wireless industry and the contracts they hand customers. Why? Because of language like this from a typical contract with Rogers Communications:

Device Savings Recovery Fee (applicable to term commitment customers only for any new term entered into on or after January 22, 2012): A Device Savings Recovery Fee (DSRF) applies if you have been granted an Economic Inducement (as defined below) upon entering your new term, and if, for any reason, your wireless service or your new term is terminated prior to the end of the term of your Service Agreement (Service Agreement Term). The DSRF is the amount of the economic inducement (which may take the form of a discount, rebate or other benefit granted on the price of your Equipment), as stated in your Service Agreement (Economic Inducement), less the amount obtained by multiplying such Economic Inducement by a fraction representing the number of months elapsed in your Service Agreement Term as compared to the total number of months of your Service Agreement Term (plus applicable taxes). In other words, DSRF = Economic Inducement [Economic Inducement × (# months elapsed in your Service Agreement Term ÷ Total # months in your Service Agreement Term)] + applicable taxes. An Additional Device Savings Recovery Fee (ADSRF) also applies if, for any reason, your wireless data service, or your data plans commitment term (Data Term), is terminated prior to the end of your Data Term. An Additional Device Savings Recovery Fee (ADSRF) also applies if, for any reason, your wireless data service, or your data plans commitment term (Data Term), is terminated prior to the end of your Data Term. The ADSRF is the additional Economic Inducement you received for subscribing to your wireless data service, less the amount obtained by multiplying such Economic Inducement by a fraction representing the number of months elapsed in your Data Term as compared to the total number of months of your Data Term (plus applicable taxes), and applies in addition to the DSRF for termination of your Service Agreement. If you subscribe to a plan combining both voice and data services, both the DSRF and the ADSRF apply, up to the total Economic Inducement.

Despite contract confusion being an issue in the eyes of the CRTC, the overwhelming majority of comments focused on something else that irks Canadians above all else: being held hostage by the industry’s traditional 36-month wireless contract, one year longer than consumers in the United States find common.

“Get rid of the 36 months contract,” wrote one Canadian, noting contract creep is all the rage. “It first started with 12 months, then 24 months, now the standard is 36 months, which is ridiculous!”

Most of the comments came from customers of the chief three providers: Bell, Rogers, and Telus. All three received scorn from customers for uncompetitive, expensive service.

The state of competition in Canada:

Roger offers new plans:
– $55 1000min local, unlimited text, 200MB
– $65 unlimited local/text, 1GB
– $75 unlimited local/text, 2GB
– $95 unlimited canada/text, 5GB

Then Bell offers their new competitive plans:
– $55 1000 min local, unlimited text, 200MB
– $65 unlimited local/text, 1GB
– $75 unlimited local/text, 2GB
– $95 unlimited canada/text, 5GB

Then Telus offers their competitive plans:
– $70 unlimited local/text, 1GB
– $80 unlimited local/text, 3GB
– $100 unlimited canada/text, 5GB

Where is the competition? These plans are all the same.

Also unfamiliar to Americans, the automatically-renewing contract that snags Canadians that forget to cancel with a brand new service commitment complete with a cancellation penalty. Perhaps the most consumer-friendly provinces in Canada are Quebec and Manitoba, which ban certain kinds of termination fees and auto-renewing contracts. Canadians want these bans extended nationwide. The European Union already bans 36 month contracts and made 24 months the maximum. One former resident of the United Kingdom noted the EU also compels providers to offer 12 month contracts for those who want them.

The CRTC may not provide much relief if it remains convinced the marketplace remains competitive.

The agency points out under the Telecommunications Act, the CRTC will only intervene in a market if there is insufficient competition to protect the interests of users.  In the 1990s the CRTC decided to allow market forces to guide the growth of the mobile wireless industry.

The CRTC seems to have already made up its mind on this issue when it announced its proceeding:

In the decision issued on 11 October 2012, the CRTC found that there was competition sufficient to protect the interests of consumers and it did not need to regulate rates.  Although many consumers indicated concerns about wireless rates and the competitiveness of the wireless market, a number of market indicators demonstrate that consumers have a choice of competitive service providers and a range of rates and payment options for mobile wireless services. According to the CRTC’s 2012 Communications Monitoring Report, new entrants in the mobile wireless market continue to increase their market share and coverage. Companies continue to invest in new infrastructure to bring new innovative services to more Canadians. Moreover, the average cost per month for mobile wireless services has remained relatively stable.

The CRTC concluded that competition in the mobile wireless market continues to be sufficient to protect the interests of users with respect to rates and choice of competitive service provider.

That makes it more likely than not the agency will limit itself to ordering wireless carriers to better explain their wireless policies, not force them to change them.

The only relief potentially available outside of canceling service is considering one of several new competitors which offer relaxed terms and better prices to attract customers. So far, only 4% of Canadians have switched to WIND, Mobilicity, Vidéotron, or Public Mobile. Some may be trapped in current contracts with larger companies or are discouraged having to buy new equipment to switch providers. Most providers in Canada, like in the United States, lock phones so they cannot be easily used on another company’s network.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CRTC Cell Phone Contracts 12-12.flv[/flv]

The CRTC used this video to invite consumers to share comments about confusing wireless service contracts. Instead, criticism of tricky term contracts that auto-renew and last three years arrived in buckets. (2 minutes)