After 10 months of negotiations between Frontier Communications and the Communications Workers of America (CWA) over the phone company’s job cuts, 1,400 Frontier workers in West Virginia and Ashburn, Va., walked off the job Sunday.

The Communications Workers of America claims they have been unable to reach an agreement on a fair contract with Frontier despite three extensions. The original contract expired in August, 2017. The CWA claims their members have waited long enough and called a strike.

“We have been very clear throughout the bargaining process that our top priority is keeping good jobs in our communities,” said Ed Mooney, vice president of CWA District 2-13. “Going on strike is never easy. It’s a hardship for our members and the customers who we are proud to serve. But the job cuts at Frontier have gone too far — we know it and Frontier’s customers know it. It’s time for Frontier to start investing in maintaining and rebuilding its network in West Virginia.”

The CWA claims Frontier has let go of some of its most experienced technicians while outsourcing an increasing number of jobs to outside contractors. Frontier has also cut over 500 jobs in the area since 2012 and has announced a plan for additional layoffs this month. The union claims Frontier’s customers are suffering too.

“We’re taking a stand,” said Johnny Bailey, president of CWA Local 2226 in Bluefield. “Customers are waiting way too long to have their problems resolved, and too often we’re back fixing the same problems over and over again. Frontier is leaving West Virginia behind. The network has been neglected and there are just not enough experienced, well-trained workers left to handle the service requests.”

According to CWA, complaints filed with the West Virginia Public Service Commission have increased steadily over the past three years, rising 69% from 639 in 2014 to 1,072 complaints in 2017.

“The complaints at Frontier have risen so high in the last few years it is has gotten to the point [… where] we are embarrassed by the product that we have to serve,” said Jeff Anderson, president of CWA Local 2004, which covers large parts of north-central West Virginia, including Harrison, Marion, Monongalia, Taylor, and Doddridge counties. “In some areas we have good service but we beg for that and we ask the company and we will do anything we can to get our people better service cause ultimately that is what keeps our jobs.”

Frontier countered the company is already extremely generous with its workforce.

“Frontier is one of West Virginia’s best employers,” the company said in a statement. “Average annual wages for the Company’s union employees exceed $64,500, and more than half of all union employees earn more than $75,000 per year. For comprehensive family medical coverage, most employees pay less than $150 per month for family coverage, with no annual deductible and low co-pays. Including employee benefits, the Company’s average employee cost per CWA member is more than $100,000.”

Frontier said it has activated its strike contingency plan, which will require Frontier’s management, outside contractors and Frontier employees from other areas to handle service calls and other tasks formerly done by striking workers.

Customers can expect to encounter Frontier’s picket lines in several places:

An undisclosed number of Frontier Communications customers in West Virginia were without phone service during the Christmas-New Year’s Day holidays because of copper thefts and slow repair crews that did not begin repairs for up to two weeks after the outages were reported.

Hardest hit was Mingo County, where multiple copper wire thefts caused significant service outages starting Dec. 20 in Matewan, Delbarton, and Varney. Many customers were without phone service over the Christmas holiday, and some are still without service two weeks later. One of them is Arlene Gartin at the two-month old Mudders restaurant, which depends on pickup and delivery orders.

“This has devastated us,” Gartin told WSAZ-TV. “Seventy-five percent of our business was our delivery and without the calls I’m hanging on by threads.”

In Iaeger in McDowell County, residents on Coonbranch Mountain report their Frontier phone and internet services have been out of service for two weeks. Carl Shrader told WVVA-TV that service went out on Dec. 23 and remained so throughout Christmas and New Year’s Day.

Mingo County, W.V., on the Kentucky border.

“We had a windstorm come through, and up here where the church is, at the top of my driveway, it blew the power line and the telephone line down,” said Shrader. “If you get a fire around your house, and the phone lines is down, how can you notify the fire department? If you have a burglar coming in on you, how can you phone and say, ‘9-1-1, I need help! There’s a burglar here.’ You can’t!”

Cell service in this part of West Virginia is spotty, making landline service very important for many West Virginia residents who live and work around the state’s notorious mountainous terrain.

Customers affected by service outages report long hold times calling Frontier and very little information or updates about outages. Many residents report Frontier’s outages are frequent and often take a long time to fix. Some have been told Frontier’s repair crews are short-staffed and busy elsewhere.

That comes as a surprise to officials at the Communications Workers of America who confirmed Frontier announced a “voluntary” reduction in force program on Dec. 20, seeking employees willing to accept a buyout offer. If enough workers do not take Frontier up on their offer, more than 50 Bluefield-based employees and about 30 in Ashburn, Va., are at risk of being laid off.

WSAZ-TV in Huntington, W.V. reports a significant number of residents in Mingo County have been without Frontier telephone and internet service because of copper wire thefts for the last two weeks. (1:49)

WVVA-TV in Bluefield/Beckley, W.V. reports some residents waited two weeks for Frontier repair crews to show up after a windstorm. (1:49)

Frontier is the dominant phone company in West Virginia.

Frontier Communications terminated the employment of West Virginia Senate president Mitch Carmichael just weeks after he refused to kill a pro-competitive state broadband expansion bill the company fiercely opposed.

Carmichael (R-Jackson), worked for Frontier for six years, most recently as a sales executive. Shortly after voting in favor of a bill making it easier for public broadband co-ops to deliver better broadband service in West Virginia, he was suddenly given two weeks notice his employment was being terminated.

Frontier refused to comment about its sudden decision to eliminate Carmichael’s job, but there is speculation the company was unhappy with Carmichael’s unwillingness to act on their behalf in the state legislature. Carmichael told the Charleston Gazette his dismissal came as a complete surprise, and he was not aware of any other layoffs in recent weeks.

“This was not something I wanted at all,” Carmichael told the newspaper. “They had a bad year, from a legislative perspective. They severed ties from me. 

Carmichael also noted Frontier was insistent on getting him to sign a nondisclosure agreement that would forbid him from talking about his job being terminated. He claims he refused to sign it.

The newspaper calls Carmichael Frontier’s most powerful ally in the state legislature. As Senate president, Carmichael was instrumental in killing a 2016 bill that would have launched a statewide municipal broadband network that Frontier never wanted to see get off the ground. Carmichael argued the competing network would have discouraged Frontier from investing in or expanding its own network, largely acquired from Verizon Communications in 2010. The bill died in the House of Delegates.

Carmichael

But as West Virginians continue to endure poor quality DSL service from Frontier and the company continues to experience financial pressures from its declining stock price and increasing investor discontent, it seemed unlikely Frontier would embark on dramatic new spending to boost internet speeds. This year, legislators proposed allowing up to 20 families or businesses to form nonprofit co-ops to offer internet service where Frontier and other providers have failed to expand service. The bill also permits up to three cities or counties to join forces and jointly construct new public broadband networks.

Frontier’s lobbyists loathed the bill, worrying about the prospects of facing new competition. The company devoted significant attention to block the bill in the legislature, but was apparently surprised when Carmichael refused to repeat his 2016 objections and recused himself from debate on the bill, and later voted for it. A short time later, his job was gone.

Whether Frontier assumed Carmichael’s primary loyalty should lay with the company and not the public that elected him to office isn’t known. Ironically, Carmichael tried to leave Frontier last summer after accepting a job with Frontier rival Citynet. Frontier offered a lucrative pay increase to convince Carmichael to change his mind. Ultimately, Carmichael returned to Frontier days later last August after he said the company begged him to stay.

Carmichael makes it clear he wasn’t in office just to represent Frontier’s political and corporate interests.

“The one thing I’m not going to do here as Senate president is advance special interests,” Carmichael told the newspaper. “It was obvious the body [Legislature] wanted that bill, and I wasn’t going to stand in the way of it.”

Frontier Communications had to be chased by West Virginia Attorney General Patrick Morrisey to improve broadband speeds for at least 28,000 DSL customers who thought they were buying 6Mbps DSL service but ended up with maximum speeds of 1.5Mbps or less.

Frontier today agreed to a settlement with state officials to spend an extra $150 million to boost DSL speeds for rural customers around the state and offer deep discounts for affected customers until they can receive at least 6Mbps service. Today’s settlement has no impact on a separate class action lawsuit brought by Frontier customers who accuse the company of throttling broadband speeds to save money and reduce traffic on its network.

The agreement is the largest, independently negotiated consumer protection settlement in West Virginia history and is expected to improve broadband service over the next three years.

“This agreement is a game changer for the Mountain State,” Morrisey said. “The settlement helps consumers receive the high-speed service they expected, while directing significant monies to help fix connectivity issues that consistently keep our state from achieving economic success.”

For at least two years, Frontier customers sent Morrisey’s office complaints stating they were not getting the speed and performance Frontier advertised for its DSL service. While the company told both customers and investors it had blanketed West Virginia with speeds “up to 6Mbps,” many customers discovered the phone company locked their modems to receive no better than 1.5Mbps.

Attorney General Morrisey

Frontier denied any allegation of wrongdoing and says it entered into the settlement to resolve disputed claims without the necessity of protracted and expensive litigation. But it will cost the company at least $150 million in additional upgrades, not including the $180 million Frontier already earmarked for broadband expansion in West Virginia, partly subsidized by the ratepayer-funded Connect America Fund.

About 28,000 customers identified by Frontier with modems the company provisioned for service at speeds of 1.5Mbps or lower will begin seeing an ongoing credit applied to their bills beginning Jan. 25, 2016, reducing the price of Frontier’s DSL service to $9.99 a month.

Affected customers can verify if they are included in the settlement on a special website Frontier has set up for its West Virginia customers.

The discounts will continue individually for each customer until the company can demonstrate it can deliver the 6Mbps speeds customers in West Virginia paid to receive. New Frontier DSL customers with speeds no better than 1.5Mbps will also qualify for the discount. Those with modems locked at speeds above 1.5Mbps but still getting less than 6Mbps will not benefit from this settlement, but may still get relief from a separate class action lawsuit covering customers in the state being heard in Lincoln County.

Last week, Lincoln County Circuit Judge Jay Hoke rejected an effort by Frontier to have the class action case dismissed. The company insisted its terms and conditions forbade customers from taking Frontier to court, requiring them to pursue arbitration instead.

Judge Hoke rejected Frontier’s arguments, finding the phone company “buried” the arbitration clause in fine print on its website and on the last pages of customer billing inserts. Hoke also ruled Frontier was attempting to retroactively apply its arbitration clause years after customers initially signed up for broadband service.

“We are finally going to get our day in court,” Michael Sheridan, a Frontier customer in Greenbrier County and Stop the Cap! reader told the Charleston Gazette. Sheridan is suing Frontier over its poor performance in West Virginia. “We think this lawsuit is the best chance we’ll ever have of bringing real Internet to rural West Virginia.”

Frontier argued if customers were dissatisfied with its DSL service, they could have canceled but never did. The company did not mention many of the affected customers have no other options for broadband service except satellite Internet, which receives poor reviews.

“We respectfully disagree with the court’s ruling,” said Frontier spokesman Andy Malinoski. “In our view, arbitration provides for fair resolution of consumer concerns that is quicker, simpler, and less expensive than lawsuits in court. We plan to appeal.”

Frontier’s decision to appeal might take longer and cost more than addressing problems for at least some of the affected customers.

Judge Hoke also took a dim view of Frontier’s style of disclosing changes to its terms and conditions.

‘On the website, computer users must scroll to the bottom of the page and click on a “Terms & Conditions” link that’s “buried among 25 other links,” then click on two other links to find the arbitration provision that denies customers’ rights to a jury trial,’ Hoke wrote in his order. ‘There’s no button to click or box to check that allows customers to agree to Frontier’s terms. In monthly bills, the arbitration clause shows up one time on the “fourth and last page” of an insert and another time in “miniscule font,” Hoke found.

Customers would have to be psychic to guess Frontier had important news restricting their right to take a dispute to court.

“There is no reason whatsoever for a customer to turn to the last page,” Hoke wrote. “Additionally, the bills contain no prompting that customers should flip to the last page for information concerning Frontier’s desire to alter the customer’s right to a jury trial.”

While Frontier pursues its appeal at the state Supreme Court, Frontier is expected to lose million in revenue from the settlement with the Attorney General.

“The reduced rate gives Frontier a strong incentive to raise speeds for these customers,” Morrisey said.

Another provision in the settlement requires Frontier to pay $500,000 to the state’s Consumer Protection Fund. That payment will offset investigative and monitoring expenses in addition to helping defray the costs of transitioning consumers to higher Internet speeds.

Frontier spokesman Andy Malinoski said the company had planned to address the issues all along. He said the settlement will accelerate the improvements.

West Virginians seeking more information about the maximum speed their modem is provisioned to receive can call Frontier at 1-888-449-0217 for more information.

Those with further questions can contact the Attorney General’s Consumer Protection Division at 800-368-8808 or visit the office online at www.wvago.gov.

The Republican leadership of West Virginia’s House of Delegates is alleged to have quietly placed a ban on considering any bill that could potentially offend Frontier Communications, frustrating state lawmakers attempting to introduce broadband improvement and consumer protection measures.

In a press release posted to his Facebook page, Delegate Randy Smith (R-Preston) complained that the House GOP leadership told him his two broadband-related bills waiting for consideration would “go nowhere because it would hurt Frontier.”

“Frontier has its hands in the state Capitol,” Smith said in the release obtained by the Charleston Gazette. “The company knows how to play hardball with the legislative process.”

When asked to name names of those obstructing his broadband-related measures, Smith declined, at least for now.

“It was one individual,” Smith said. “He said leadership wouldn’t support this because they feel like it’s targeting Frontier. If it comes to the point I have to, I’ll give names. I know you’re wanting names.”

Last December, Smith’s frustration with Frontier boiled over.

Smith

“For too long, West Virginia has lagged behind other states when it comes to accessible computer technology and infrastructure,” Smith said. “We’ve been offered excuses about our state being too mountainous for improving conditions here. But it’s not the state’s rugged terrain holding us back. Although a few areas of the state have a choice of service providers, most are stuck with whatever Frontier decides is enough. And not only do I receive complaints about their service, there are multiple grievances about how they bill their customers. We can, and must, do more to create competition to drive the quality of services up and drive costs down.”

“This is not a Republican or Democrat issue. This is a West Virginia issue,” Smith said. “And we need to catch up to other states in the 21st century.”

For the first time in 80 years, Republicans won a majority in the House of Delegates, pledging to transform West Virginia into a “business friendly state.” But even Smith, an assistant majority whip for the new Republican leadership, seemed stunned by the willingness to grant Frontier de facto veto power over telecom-related legislation.

Last week he learned his two broadband bills were essentially dead on arrival, because they would not be supported by Frontier.

• HB2551, co-sponsored by 10 GOP delegates, would prohibit Internet providers from advertising broadband service as “high-speed Internet” unless the company offered a download speed of 10Mbps or higher. The majority of West Virginia experiences real world speeds far slower than that from Frontier;
• HB2552, intended to address chronic billing problems by Frontier, would allow Internet customers to take billing disputes to Attorney General Patrick Morrisey’s office, if the state Public Service Commission refuses to review their complaints.

Speed tests on Frontier’s “High-Speed Max” Internet service aren’t high speed at all.

When Smith’s accusations went public in the pages of the Gazette, Republican leaders scrambled to deny his allegations.

House Majority Leader Daryl Cowles (R-Berkeley) told the Gazette House Republicans have no “blanket position” against bills that Frontier opposes.

“There’s no policy by leadership that these bills should move or shouldn’t move based on who’s supporting them or who doesn’t,” Cowles said. “It sounds like Randy is frustrated. He, like many out there, are frustrated by their Internet speeds and service.”

“I was told Friday that there’s no way those bills were going to run,” Smith countered.

Frontier won’t deny its disapproval of Smith’s bills.

“We’re the only provider that chooses to serve much of rural West Virginia, and we see the legislation as having a negative effect on further development of rural broadband services,” said Frontier spokesman Dan Page.

Frontier customers in West Virginia are among the company’s most vocal critics nationwide, complaining about unavailability of DSL, billing errors, poor service, and most common of all: selling service and speed the company cannot consistently deliver. A statewide class action lawsuit against Frontier for failing to provide advertised speeds has attracted hundreds of Frontier customers. The suit maintains Frontier has engaged in “false advertising,” a violation of the state’s Consumer Credit and Protection Act.

Smith introduced the two broadband measures partly out of his own frustration with the company.

Cowles

“I regularly conduct speed tests on my Internet connection and the results are laughable,” Smith told his mostly rural constituents. “I’ve had download speeds of around 0.20Mbps. No wonder they’re called Frontier. Those are the kinds of speeds you’d expect on the American frontier in the 17th century.”

Smith recognized some members of his own party will take Frontier’s side over his.

“Of course, my bills don’t go over well with some members of my own party,” Smith said. “But right is right and wrong is wrong.”

On cue, Cowles rushed to Frontier’s defense.

“Frontier has been trying to spend money to upgrade service, but it hasn’t been easy for those guys,” Cowles said. “We’re trying to expand broadband and improve the speeds everywhere we can. We try to nudge Frontier when we can, push them when we can, while we respect their investment.”

A considerable part of that “investment” came at the cost of U.S. taxpayers. Last fall, the U.S. Department of Commerce’s inspector general announced an investigation into how Frontier spent a $42 million federal stimulus grant in the state. The inspector general is reviewing thousands of pages of documents turned over by the company. Critics contend Frontier spent the stimulus funds to defray the cost of a statewide fiber network Frontier now owns and controls.

Cowles told the Gazette that despite the media attention on the issue, he remained unsure if Smith’s bills would ever reach the House floor for consideration.

At least three House members — two Republicans and one Democrat — work for Frontier.