After years of financial problems, union problems, and service problems, customers of FairPoint Communications in northern New England report the company has stabilized operations and has been gradually improving service. A hedge fund holding 7.5% of FairPoint agrees, and is now pressuring FairPoint’s board of directors to sell the company, allowing shareholders that bought FairPoint stock when it was nearly worthless to cash out at up to $23 a share.

That almost guarantees shareholders a huge profit while likely saddling whoever buys FairPoint with the same kind of sale-related debt that bankrupted FairPoint in 2009.

Maglan Capital’s David Tawil and Steven Azarbad communicated their displeasure to FairPoint CEO Paul Sunu in a letter earlier this summer that complains “shareholders have been extremely patient with the company’s operational turnaround and have suffered because the board has not been vigilant in protecting shareholder value.”

“Not as patient as FairPoint’s own customers that spent several years of hell dealing with Verizon’s sale of its landlines in Vermont, New Hampshire, and Maine,” said FairPoint customer Sally Jackman, who lives in Maine. “It looks like the hedge funds want their pound of profits from another sale, exactly what FairPoint customers don’t need right now.”

Jackman endured three weeks of outages after FairPoint took over Verizon’s deteriorating landline networks in northern New England. The nearest cable company – Time Warner Cable, is almost 50 miles away, leaving Jackman with FairPoint DSL or no broadband service at all.

“Wall Street doesn’t care, they just want the money,” Jackman added. “They probably assume Frontier will pay a premium for FairPoint and then we can go through the kind of problems customers in Texas and Florida dealt with for over a month.”

The hedge fund managers argue that FairPoint “has made enormous strides” and notes “revenue is stabilizing and growth is coming.”

Maglan is well positioned to cash out with an enormous gain, having been an investor in FairPoint since the phone company declared Chapter 11 bankruptcy almost six years ago. The fund held shares when their price dipped below $4. Now, assuming FairPoint will put shareholders first “in ways that other wireline telecom companies do,” investors like Maglan hope to see a sale at a share price of $23, a 75% premium.

“With the company’s labor challenges behind it and with it $700 million of long-term debt removed from FairPoint’s balance-sheet, the time has come for the company to be sold or to be merged into a peer,” the hedge fund managers write.

Tawil (L) and Azarbad (R)

Maglan recommends the company be sold to Communications Sales & Leasing, a tax-sheltered Real Estate Investment Trust spun off from Windstream with no current experience running a residential service provider. CS&L primarily provides commercial fiber services for corporations, institutions, and cell phone towers. Shareholders would benefit and CS&L would benefit from diversification, argues Maglan. But the hedge fund has nothing to say about the sale’s impact on FairPoint customers.

Maglan also demanded that while FairPoint explored a sale of the company, it must turn its investments away from its network and operations and start “generating value for shareholders immediately.” Maglan wants FairPoint to turn spending towards a $40 million share repurchase program (to benefit shareholders with a boost in the stock price) and initiate a recurring shareholder dividend payout. To accomplish this, FairPoint will have to designate much of its $23 million of cash on hand and a hefty part of the $52 million of free cash flow anticipated in 2016 directly to shareholders. The company may even need to tap into its revolving credit line if financial results are worse than expected.

Tawil and Azarbad characterize their plan as “well within the range of comfort.”

“It is high-time that the company and the board turn its attention directly to shareholders and, specifically, unlocking shareholder value,” the hedge fund managers add. “We have been a very patient group.”

But perhaps not as patient as they thought. This week, Maglan demanded that FairPoint remove four of its board members — Dennis Austin, Michael Mahoney, David Treadwell and Wayne Wilson, demanding they “immediately tender their resignations” and warned Maglan would push for a special meeting if no action was taken. The reason? Tawil and Azarbad said they did not think the four were “critical to the board in any way.”

“Wall Street has been about as useful as cancer for those of us trying to communicate with the outside world up here,” Jackman said. “I hope all three states get copies of these temper tantrums, because if FairPoint does sell, maybe this time they won’t approve the deal. After all, even the Titanic only sank once.”

To be a Google Fiber city or not to be a Google Fiber city. It could make a big difference to your wallet if Comcast upgrades broadband speeds in your neighborhood before Google Fiber finally arrives in your “fiberhood.”

When Comcast first announced a major trial of DOCSIS 3.1 gigabit broadband service in Chicago, it confirmed it would cost $139.95 a month — double the price Comcast charges customers in cities where Google Fiber has expressed an interest in providing gigabit service as well. With Chicago nowhere on the Google Fiber upgrade list, it seemed Comcast was prepared to prove the point that competition can really make a difference in broadband pricing, at least until stories appeared headlining Comcast’s pricing policies. Within hours, Comcast “clarified” it was prepared to sell gigabit service in Chicago for $70 a month as well, with a three-year contract.

“We are now able to deliver gigabit speeds over the existing lines that already reach millions of homes in the Chicago area,” Comcast spokesman Jack Segal told the Chicago Tribune. “This is a major step in the evolution of high-speed broadband.”

This is not Comcast bringing a new fiber line to your home or business. This is gigabit download speed over Comcast’s current cable/fiber network — the same one that delivers your current broadband service. DOCSIS 3.1 allows Comcast to bond additional channels together to boost speeds, at least on the downstream side. This technology will not deliver gigabit speed in both directions, at least for now. Comcast’s DOCSIS 3.1 gigabit plan delivers 1,000Mbps download speed, but just 35Mbps upstream. Customers looking for something faster can pay dramatically more for Comcast’s Gigabit Pro fiber to the home service, offering 2,000Mbps speeds. But it will cost up to $1,000 to install and is priced at $300 a month with a two-year contract.

Comcast’s 1TB usage cap (with up to $200 in overlimit fees) will apply to Comcast’s DOCSIS 3.1 plans, unless you opt for unlimited service… for another $50 a month. Comcast gracefully includes unlimited with its Gigabit Pro service.

Chicago residents can sign up for either gigabit plan at www.xfinity.com/gig. A $50 installation fee applies and a service call is required. Customers signing up will need a new cable modem that supports DOCSIS 3.1, and there are only a handful on the market so far. Many more will be available in 2017.

This Comcast truck was involved in a hit and run accident that left a Georgia grandfather dead.

Georgia police are looking for information about a Comcast contract driver they say may have intentionally run over an East Point grandfather.

Local police originally assumed the July 17 accident along Camp Creek Parkway that fatally injured 60-year-old Dewey Skidmore was a drunk-driving incident, but new surveillance footage showed the driver looking out the window of his Comcast truck as he hit Skidmore, who died of blunt force trauma to his chest.

In such unfortunate circumstances, consulting an accident attorney, such as Aronfeld Trial Lawyers can be helpful. In addition, for DIY car dent repairs, make sure to use a durable glue for auto repair.

“If you look at the video you can see that the driver is driving at a slow pace, [but] begins to speed up as he runs over the victim,” East Point police spokesman Capt. Cliff Chandler told WSB-TV in Atlanta.

Comcast quickly distanced itself from the crime and the contractor, but has so far not released the driver’s name or truck ID to police. The cable company claims the contractor is not connected with Comcast, even though surveillance footage shows the company’s logo on the side of the vehicle. For the family of the victim, Bengal Law has the best personal injury attorney in Orlando that can help them.

“We extend our deepest sympathies to the victim’s family,” the company told the TV station in a news release. “We are cooperating with the police in their investigation of this incident, which we believe involved one of our contractors.” When it comes to car accidents, there’s no better experts to call than smflegal. Injured in Delray Beach, FL? The personal injury lawyers from Kogan & DiSalvo law firm can help. Injured in Bakersfield? Call the personal injury lawyer from Johnson Attorneys Group. After an accident, a Seattle car accident lawyer can guide you through legal processes and help secure the compensation you need to recover.

Comcast claims its contractors are “thoroughly vetted,” but as we’ve reported for the last several years, some of Comcast’s “vetted” contractors have committed serious crimes, including rape and murder, while on service calls.

Skidmore’s family is upset that more than a month has passed without any leads in the case.

Hulu’s still-to-be-announced live TV streaming service designed to give subscribers an alternative to bloated and expensive cable-TV packages will lose “real money” if it is priced at around $40.

BTIG Reseach analyst Brandon Ross’ research note to investors (reported by Fierce Cable) claims Hulu faces big expenses to include sports and CBS programming — the one network that isn’t a part-owner of Hulu — into its forthcoming package of live and on-demand programming. With most sources claiming Hulu intends to price the service starting at prices as low as $35-40 a month for a slimmed down package of cable television and over-the-air stations viewable on one device and $50 a month for those wanting to watch on multiple devices, Ross predicts the service will rapidly run into the red because of programming costs.

Hulu’s live streaming service could be a real game changer for online cable TV alternatives, because it is expected to contain a robust assortment of popular cable networks and regional sports channels that could appeal to a wider marketplace than even slimmer packages from Sling TV.

Video margins are dropping as programming costs continue to grow. Cable operators are turning to broadband to make up the difference, but virtual providers like Hulu don’t have that option.

“The ramifications of success could have an effect that goes far beyond just Hulu’s partners, from [competing cable TV providers] to cable networks to Netflix. A failed Hulu virtual [cable-TV provider] could dispel the idea of widespread competition for incumbent bundles from virtual bundled competitors,” Ross wrote in his research note. “We are skeptical that the Hulu bundle will meaningfully impact the [cable-TV] landscape from a subscriber standpoint. We simply wonder whether the price/value will be strong enough to attract customers at ~$40, with much less content than the current larger bundles.”

Ross predicted Hulu will bundle several expensive sports networks, as indicated in surveys Hulu sent to potential customers. Those surveys suggested Hulu’s service will include a variety of Regional Sports Networks from Hulu’s owners, which include Fox and Comcast-NBC. One potential exclusion is Madison Square Garden Network (MSG), a potential omission that concerned MSGN investors enough to drive the share price down after a significant spike in mid-August.

The issue of MSG could open an interesting new front in the war on cable television pricing. MSG’s viewership is focused in New York, New Jersey and Connecticut and one of the largest cable providers in the region is cost-conscious Altice USA, which took over Cablevision. Ross states MSG Network’s addition on the Hulu lineup could give Altice more leverage to force better contract renewal terms.

“For instance, Altice could theoretically tell those that want MSGN to switch their video provider to Hulu, while staying on Altice for broadband,” Ross wrote. “We do not believe this would be an ideal approach for either party, but it is possible.”

AT&T has gone over the top donating at least $70,000 to back Republican House Speaker Paul Ryan, more than the company has ever donated to anyone else.

It isn’t by coincidence.

According to Communications Daily (subscription req’d), one of Ryan’s top priorities for 2017 is a possible complete rewrite of the Telecommunications Act — the nation’s most important federal law governing telecommunications regulation and the operations of the Federal Communications Commission. Ryan and many of his fellow Republicans have been critical of the FCC’s growing interest in consumer protection and industry oversight.

Ryan’s efforts to push for further deregulation and policies that could lead to further industry consolidation could generate a windfall in the billions for AT&T. Past revisions of the Act have radically transformed the telecom landscape in the United States. President Bill Clinton’s signature on the 1996 Telecommunications Act opened the door to a tsunami of cross-media ownership and radio/TV station consolidation. Provisions in the ’96 Act were promoted as bolstering competition, but critics argued consolidation was favored over competition.

Howard Zinn summarized the effects of the ’96 law in his book A People’s History of the United States: “[it] enabled the handful of corporations dominating the airwaves to expand their power further. Mergers enabled tighter control of information.” Adding to the criticism, Latin American writer Eduardo Galeano echoed: “Never have so many been held incommunicado by so few.”

In 2000 Consumers Union blasted the ’96 Act as legislative bait and switch.

Ryan

“It is evident that the Telecommunications Act of 1996 has failed to produce the consumer benefits policy makers promised because competition has failed to take hold across the communications industry,” the group said. “The fundamental problem is that the huge companies that dominate the telephone and cable TV industries prefer mergers and acquisitions to competition.”

AT&T is reportedly interested in access to lawmakers to lobby for telecom reforms that will allow it to switch off its legacy copper wire phone network in rural America, force certain consumers to wireless-only landline service, get rid of Net Neutrality, allow more wireless industry consolidation, ban municipal broadband, have a louder voice on privacy and cybersecurity regulation, access to wireless spectrum, and preferably a de-fanged FCC.

Public Citizen government affairs lobbyist Craig Holman told Communications Daily AT&T’s contributions are a “fundamental way of gaining access and influence to policymakers,” as part of Washington’s “pay-to-play system.”

The only entity giving Ryan more money than AT&T was the deregulation-obsessed Koch Industries, which gave $75,000.

Ryan’s current chief of staff is a close friend to Big Telecom. David Hoppe lobbied for AT&T, USTelecom and Verizon before being hired by Ryan. Hoppe’s influence appears to be significant after Ryan introduced “A Better Way,” the GOP’s platform for what they will do if they keep control of Congress and win the White House. The plan makes it clear there is unhappiness with the FCC under the leadership of chairman Thomas Wheeler, opposition to Title II reclassification of broadband — a change that opened the door to enforcing Net Neutrality, and a belief the FCC lacks transparency and is living in the regulatory past.

Holman worries that lobbyist spending in Washington, already a problem, has become insane after Citizens United eliminated limits on campaign contributions.

“The lids have been blown off… it’s breathtaking,” Holman told the newsletter.