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AT&T Fined for Letting Drug Dealers/Money Launderers Run Sham Directory Assistance

Phillip Dampier August 8, 2016 AT&T, Consumer News, Public Policy & Gov't 3 Comments
phone fraud

…for AT&T’s complacency.

AT&T will pay $7.75 million to the Federal Communications Commission’s Enforcement Bureau and to its customers to settle a phone cramming investigation that revealed the phone company allowed drug dealers and money launderers to offer a scam paid directory assistance service for AT&T’s landline customers.

AT&T allowed the scammers to charge many of its landline customers $9 a month for a directory assistance service investigators called “a sham” from day one. AT&T collected a “billing fee” for each charge and collected another $1.50 in “complaint fees” each time a customer complained about the charge on their phone bill.

It took the U.S. Drug Enforcement Administration (DEA) to uncover the scam while investigating two Cleveland-area companies — Discount Directory, Inc. (DDI) and Enhanced Telecommunications Services (ETS) for drug-related crimes and money laundering the proceeds.

In the course of seizing drugs, cars, jewelry, gold, and computers (totaling close to $3.4 million) from the companies’ principals and associates, DEA investigators discovered financial documents related to a scheme to defraud telephone customers. The key participants in the scheme told DEA agents that the companies were set up to bill thousands of consumers (mostly small businesses) for a monthly directory assistance service on their local AT&T landline telephone bills. The DEA referred this investigation to the FCC’s Enforcement Bureau in 2015.

AT&T received a fee from the companies for each charge AT&T placed on its customers’ bills. Although DDI and ETS submitted charges for thousands of AT&T customers, they never provided any directory assistance service. Neither DDI, ETS, nor AT&T could show that any of AT&T’s customers agreed to be billed for the sham directory assistance service, but AT&T kept on billing and collecting money from customers anyway, despite their responsibility to ensure the services were legitimate.

“AT&T ignored a number of red flags that the charges were unauthorized, including thousands of charges submitted by the companies for nonexistent, disconnected, or otherwise ‘unbillable’ accounts,” the consent decree stated.

Under the terms of today’s settlement, AT&T will issue full refunds to all current and former consumers charged for the sham directory assistance service since January 2012. These refunds are expected to total $6,800,000. AT&T will also pay a $950,000 fine to the U.S. Treasury. The Enforcement Bureau has also secured strong consumer protections in the settlement that include requirements that AT&T cease billing for nearly all third-party products and services on its wireline bills, adopt processes to obtain express informed consent from customers prior to allowing third-party charges on their phone bills, revise their billing practices to ensure that third-party charges are clearly and conspicuously identified on bills so that customers can see what services they are paying for, and offer a free service for customers to block third-party charges.

Hulu Ending Free Streaming; Yahoo Will Pick Up Where Hulu Quit

Phillip Dampier August 8, 2016 Competition, Consumer News, Online Video 1 Comment

huluTM_355Ad supported free streaming of current TV shows and movies on Hulu will come to an end over the next several weeks as it converts to an all-paid subscription service.

For the last few years, Hulu has progressed towards a goal of creating an online streaming alternative to cable television that is owned and operated by content creators, cutting out the middlemen — traditional distributors like cable, phone, and satellite companies.

When it launched in 2007, Hulu offered a central website for television shows from three of the four major networks – ABC/Disney, NBCUniversal, and 21st Century Fox all offered full-length shows and clips on Hulu. (CBS has always preferred to showcase its own content in-house or through very restrictive contracts with third-party distributors.)

Hulu began with a limited commercial load, but has gotten progressively more ad-heavy over the last nine years. Most of Hulu’s free content has been limited to a maximum of the five most recent episodes of a current show, each appearing about a week after it originally airs. Those looking to view Hulu on a variety of wireless devices have been required to subscribe to a subscription tier since 2010, dubbed Hulu Plus. Subscribers still saw commercials, but also received access to more content viewable on more devices.

plans

Hulu’s growth has always been stunted by its marketing — charging a subscription fee and continuing to show 15-20 minutes of ads each viewing hour. In 2015, Hulu began offering customers an ad-free option for $11.99 a month, as much as $3 more than Netflix. But Hulu began adding new customers willing to pay their price to avoid commercials.

In the last two years, Hulu’s content library has grown substantially, and relying on viewers watching free content has become less important to a service with 12 million paying subscribers.

“For the past couple years, we’ve been focused on building a subscription service that provides the deepest, most personalized content experience possible to our viewers,” said Ben Smith, Hulu senior vp and head of experience. “As we have continued to enhance that offering with new originals, exclusive acquisitions, and movies, the free service became very limited and no longer aligned with the Hulu experience or content strategy.”

It has gotten so limited that new site visitors have trouble even finding the remaining free content.

Hulu is also preparing to launch a $40/month cable-TV replacement service sometime next year that will offer dozens of live cable channels bundled with Hulu’s on-demand content. The service could become a significant threat to traditional cable TV and promote more cord-cutting.

Hulu's free content is moving to Yahoo View

Hulu’s free content is moving to Yahoo View

Hulu has shown no interest in slowing down. In fact, in response to increasing competition for content, last week Hulu agreed to sell a 10% interest in itself to Time Warner (Entertainment) in a deal worth $583 million. That deal assures Time Warner-owned channels (TNT, CNN, Turner Classic Movies, TBS, etc.) will be on Hulu’s cable-TV service next year. Hulu is expected to spend that money on licensing more content for subscribers.

Current free Hulu viewers need not worry about the change in Hulu’s status. Visitors will be offered free trials of Hulu’s premium options and Yahoo has agreed to adopt Hulu’s player and its existing free ad-supported library of TV shows, movies and clips for its Yahoo View service, which launched this morning.

Consumer Groups to Tom Wheeler: Keep Pushing Forward on Real Reforms

Phillip Dampier August 4, 2016 Competition, Data Caps, Editorial & Site News, Net Neutrality, Public Policy & Gov't 2 Comments
Wheeler

Wheeler

One of the biggest surprises of the Obama Administration has been FCC chairman Thomas Wheeler, whose industry background made his appointment immediately suspect among consumer advocates, including Stop the Cap!

But over the last few years of his tenure, he has built one of the strongest pro-consumer records of accomplishments the commission has seen in decades. Not only has Wheeler outclassed Kevin Martin and Michael Powell — the two chairmen under the prior Bush Administration, he has also demonstrated strong conviction and consistency lacking from his immediate predecessor, Julius Genachowski. Wheeler has won praise from consumer groups after pushing through Net Neutrality, adding stronger terms and conditions to the Charter-Time Warner Cable-Bright House merger to extend a ban on usage caps for seven years, discouraging more wireless provider mergers, and several other pro-consumer measures dealing with persistent problems like phone bill cramming.

Many top telecom executives and lobbyists and many Republican members of Congress have been highly critical of Mr. Wheeler and have bristled at media reports suggesting he might not exit with the outgoing Obama Administration. More than a few have hinted they would like to see Wheeler depart sooner than later.

The Wall Street Journal is now questioning whether Wheeler can complete at least three more of his important agenda items before President Obama’s term ends early next year.

His “open standards” for set-top boxes reform is mired in a full-scale cable industry push-back, efforts to impose strong privacy rules on what cable and phone companies do with your private information apparently violates Comcast’s right to offer you a discount if you agree to let them monitor your online activity, and even an effort to clean up business telecommunications service rules has met opposition, mostly from the companies that are quite happy making enormous profits with the rules as written today.

“Chairman Wheeler has accomplished a lot during his tenure, but with the election fast approaching, he probably has time to get one more big thing done,” Rep. Frank Pallone of New Jersey, the top Democrat on the House Energy and Commerce Committee, told the newspaper.

Some Republicans in the Senate are holding up a vote on a second 5-year term for Democratic Commissioner Jessica Rosenworcel after hearing media reports Wheeler may be thinking of remaining as FCC chairman after the end of the Obama Administration. Wheeler’s term doesn’t expire just because the president that appointed him leaves office, but it would be unusual for Wheeler to stay. But then a lot of traditions in Washington are not necessarily good ideas and we see no reason to hurry Wheeler out of his chairmanship. The chances we will get someone as tenacious as Mr. Wheeler has proven to be from the next president is unlikely. Those blocking the vote on Ms. Rosenworcel are playing the usual Washington power games, simply looking for a commitment Wheeler will leave with President Obama.

Wheeler has few allies among Republicans, who don’t like his Net Neutrality policies, don’t want Wheeler’s open-standard set-top box plan, and believe he is a regulator more than a preferred deregulator. Rosenworcel has recently been wavering on support for Wheeler’s set-top box plan and his internet privacy plan, which worries us because her vote is critical to assure passage. Rosenworcel could be trying to be seen as an independent to improve her chances at winning reappointment, but she risks alienating consumer groups if she sides with the two Republican FCC commissioners, who have shown themselves to be engaged in almost open warfare against consumers. Rosenworcel would do better to vote with consumers and avoid any appearance she is more interested in protecting her position in Washington.

“Sure, there are headwinds, but that’s often a sign that they’re doing something right,” Todd O’Boyle, program director for the media and democracy reform initiative at Common Cause told the newspaper. “There’s reason to think that the FCC will advance all three reforms.”

As far as Mr. Wheeler, as long as he represents the interests of the American people over those of AT&T and Comcast, he should feel free to stay as long as his term allows.

Technical Matters

Phillip Dampier August 4, 2016 Editorial & Site News 3 Comments

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Editorial: N.Y. Governor’s Broadband Initiative Saddles Us With a Slower Internet

Phillip Dampier August 4, 2016 Broadband Speed, Charter Spectrum, Competition, Consumer News, Data Caps, Editorial & Site News, Public Policy & Gov't Comments Off on Editorial: N.Y. Governor’s Broadband Initiative Saddles Us With a Slower Internet
Thanks, Gov. Cuomo

Thanks, Gov. Cuomo

In Gov. Andrew Cuomo’s zeal to take credit for broadband enhancements across New York State, he also took partial-credit for convincing Charter Communications to speed its plan to deliver internet speeds of 100Mbps across upstate New York by early 2017, calling it “sweeping progress toward achieving its nation-leading goal of broadband for all.”

Unfortunately for New Yorkers, the governor forgot to mention his plan, coupled with the state government’s approval of Charter’s merger with Time Warner Cable, will actually result in slower and more expensive broadband for all of upstate New York.

“Access to high-speed internet is critical to keeping pace with the rising demands of the modern economy,” said Gov. Andrew Cuomo. “The New NY Broadband Program is advancing our vision for inclusive, interconnected communities that empower individuals, support small businesses, and advance innovation. These actions are a major step forward in creating the most robust broadband infrastructure network in the nation, and ensuring that reliable, high-speed internet is available to all New Yorkers.”

While the governor’s goals for rural broadband expansion in New York are laudable and have actually produced significant results, his belief in Charter’s broadband enhancement plan is misplaced and will actually leave cities in upstate New York at a serious broadband speed disadvantage that could remain an indefinite problem.

It is difficult to admit that New York was better off leaving Time Warner Cable as the dominant cable operator in New York State. As we warned last fall in our testimony to the N.Y. Public Service Commission, Charter’s merger proposal included promises of broadband enhancements considerably less robust than what Time Warner Cable had already undertaken on its own initiative. Time Warner Cable Maxx would have brought upstate New York free speed upgrades ranging from 50/5Mbps for Standard internet customers (up from 15/1Mbps) to 300/20Mbps (up from 50/5Mbps) for customers subscribed to Time Warner’s Ultimate tier.

Charter only advertises its 60Mbps tier. You have to dig to discover they also sell 100Mbps, for $100 a month and a $200 installation fee.

Charter only advertises its 60Mbps tier. You have to dig through their website to discover they also sell 100Mbps, for $100 a month and usually a $200 installation fee.

Charter this week made it clear those Maxx upgrades are dead, except in areas where they have already been introduced. Instead, upstate New York (and likely other Maxx-less areas around the country) will get two internet speed tiers instead: 60 and 100Mbps.

Getting 100Mbps is better than 50Mbps, at least until you check the price. Customers should be sitting down for this. Charter’s 100Mbps tier costs $100 a month after a one-year promotional rate and often includes a one-time $200 installation fee. In contrast, Time Warner Cable charges about $65 a month for 300/20Mbps internet-only service, which incrementally rises after one year if you don’t threaten to cancel service. There is usually no installation or upgrade fee.

This is the “benefit” Gov. Cuomo is touting?

In fact, with Charter Communications to be the overwhelmingly dominant cable operator throughout upstate New York, this leaves cities like Buffalo, Rochester, Syracuse, Albany, and Binghamton in a relative broadband swamp. While cities of similar sizes in other states are qualifying for Google Fiber, AT&T’s gigabit fiber upgrade, or fiber to the home service from community-owned broadband providers, Charter’s competition includes a barely trying Frontier Communications which still offers little more than slow speed DSL, Verizon Communications which stopped expanding FiOS in New York (except Fire Island) in 2010, and a handful of small independent phone companies and fiber overbuilders serving very limited service areas.

Charter is still required to offer 300Mbps service… by 2019 in New York as part of a commitment to regulators we fought for and won. That represents a speed equal to Time Warner Cable Maxx, but Charter has three years to offer what many New Yorkers either already had or were slated to get by next year from Time Warner Cable for much less money.

It takes chutzpah to proclaim broadband victory from this kind of avoidable defeat. Gov. Cuomo’s plan for better broadband allows Charter to cheat millions of New Yorkers out of Time Warner’s much better upgrade that was scheduled to be finished this summer in Central New York and ready to commence in Rochester this fall and Buffalo early next year. The governor should be on the phone with Charter management today insisting that all of New York get the 300Mbps internet service Time Warner Cable was planning for this state. Anything less leaves New York worse off, not better.

Consider again this cold, hard reality: Time Warner Cable was the better option — that is how bad things are in New York.

Upstate cities considering their economic future must not rely on the state or federal government to solve their broadband problems. Considering what Charter and Gov. Cuomo are proposing, waiting for the cable company to make life better isn’t a solution either. The only alternative is for local community leaders to start taking control of their own broadband destiny and launch community-owned, gigabit-capable, fiber to the home service. Charter won’t do it, Frontier can’t, and Verizon is too busy making piles of money from its wireless network to worry if your city will ever have 21st century internet access it needs to compete in the digital economy.

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