The slow lane

Frontier Communications customers in West Virginia are part of a filed class-action lawsuit alleging the phone company has violated the state’s Consumer Credit and Protection Act for failing to deliver the high-speed Internet service it promises.

The lawsuit, filed in Lincoln County Circuit Court, claims Frontier is advertising fast Internet speeds up to 12Mbps, but often delivers far less than that, especially in rural areas where the company is accused of throttling broadband speeds to less than 1Mbps. The suit also alleges Frontier’s broadband service is highly unreliable.

“The Internet service provided by Frontier does not come anywhere close to the speeds advertised,” wrote Benjamin Sheridan, the Hurricane lawyer filing the lawsuit on behalf of three Frontier customers. The attorney is seeking to have the case designated a class action lawsuit that would cover Frontier customers across the state.

“Although we cannot guarantee Internet speeds due to numerous factors, such as traffic on the Internet and the capabilities of a customer’s computer, Frontier tested each plaintiff’s line and found that in all cases the service met or exceeded the ‘up to’ broadband speeds to which they subscribed,” Frontier spokesperson Dan Page told the Charleston Gazette. “Nonetheless, the plaintiffs filed their case in Lincoln County, where none of them lives. If necessary, we are prepared to defend ourselves in court and bring the facts to light.”

Frontier’s general manager in West Virginia, Dana Waldo, may have helped the plaintiffs when he seemed to admit Frontier was purposely throttling the Internet speeds of its customers, a move Sheridan claims saves Frontier “a fortune” in connectivity costs with wholesale broadband providers like Sprint and AT&T.

Sheridan

“If as you suggest, we ‘opened up the throttle’ for every served customer, it could create congestion problems resulting in degradation of speed for all customers,” according to Waldo as part of an email exchange with one of the class members cited in the lawsuit.

The lawsuit also cites a state report issued over the summer that found just 12 percent of Frontier customers receive Internet speeds that actually qualify as “broadband” under federal and state standards. Frontier’s speed ranking is the slowest of any provider in the state. That is especially significant because Frontier is the largest ISP in West Virginia, and is often the only choice rural residents have for broadband service.

Frontier dismissed the state’s report claiming it was based on voluntary speed tests performed by disgruntled customers.

“As we’ve said before, the speed tests are the result of self-selected, self-reported samples,” Page said. “People who take speed tests tend to be those with speed problems or low speeds.”

“Even if that were true, it doesn’t account for Frontier’s poor performance,” said Frontier customer William Henley. “If every person that ran a speed test in West Virginia was annoyed with their provider, Frontier still came in last place.”

Frontier’s competitors scored better:

• Comcast: 88% of customers met or exceeded state and federal standards;
• Suddenlink Communications: 80%
• Time Warner Cable: 77%
• Shentel: 71%
• Armstrong Cable: 67%
• LUMOS Networks: 44%

“…Frontier’s practice of overcharging and failing to provide the high-speed, broadband-level of service it advertises has created high profits for Frontier but left Internet users in the digital Dark Age,” Sheridan wrote. “As a result, students are prevented from being able to do their homework, and rural consumers are unable to utilize the Internet in a way that gives them equal footing with those in an urban environment.”

Sheridan also accused Frontier of delivering its fastest speeds only in areas where it faces competition. Where there is none, Frontier can afford to go slow.

But slow speed is not the only issue. One plaintiff — April Morgan in Marion County — says she has to reset her modem up to 10 times a day to stay connected to the Internet. Her modem has been replaced several times by Frontier, but that has done little to solve her problem.

Frontier customers who check the company’s terms of service agreement may question whether Sheridan can get very far suing the company. A clause in the contract states customers must settle disputes only through binding arbitration or small claims court. Individual lawsuits, jury trials, and class-action cases are prohibited.

Sheridan points out customers have to go online to read the agreement – it is not provided to customers signing up for Internet service. A contract that forces customers to agree to its terms without getting informed consent may turn out not very binding under West Virginia law.

Lincoln County Judge Jay Hoke, assigned to hear the case, will likely face that matter in pre-trial motions.

West Virginia residents interested in the class action case can register here for updates.

The Charleston Gazette

While the eastern seaboard begins to assess the damage of several feet of water invading New Jersey and New York, West Virginia continues to contend with several feet of heavy snow left by Hurricane Sandy. More than 8,400 customers and climbing have reported service outages to the state’s largest phone company — Frontier Communications, which has crews contending with storm-damaged infrastructure ranging from widespread power outages to downed trees and utility lines.

Although parts of the state anticipated heavy snows from Sandy, cities further south including Charleston were unprepared for the wallop of wet, heavy snow that was expected to remain further to the north. Sandy’s heaviest precipitation bands were on the west side of the storm — bad news as far west as central Ohio and Kentucky. While temperatures remained in the 50’s further north, the cold core of Sandy resulted in precipitation falling largely as snow in the Appalachians.

As of noon, more than 200,000 homes in the state remain without power, which also impacts Frontier Communications’ operations.

Sandy knocked out power to at least 32 of the company’s 230 central offices in West Virginia, but the company reports all but three are still running with the assistance of backup generators — some acquired after last summer’s derecho, which knocked out power at half of Frontier’s switching offices.

Frontier says it is trying to get the remaining three switches back in operation, but some remote locations remain inaccessible because of poor roads and downed trees. Tucker County is reportedly among the most difficult to reach.

West Virginia’s Panhandle region has an estimated 1,000 customers without Internet service as of yesterday, particularly in hard-hit Jefferson, Berkeley, and Morgan counties.

Although customers may find their landline phone service working, broadband service could be more intermittent because of power outages affecting remote terminals that help extend service into rural locations. Those are vulnerable to electricity interruptions which Frontier’s Dan Page reports are widespread across the state, with the exception of the Wheeling area.

Frontier won’t say how many customers in West Virginia are currently without service, but noted many will have to wait until power restoration efforts are complete. Frontier’s crews have secondary priority and will repair services after electric service crews move on.

The storm impacted Frontier customers all the way west to Indiana, where fewer than 1,000 customers were without service in the Terre Haute area.

Any customer experiencing trouble with their phone or Internet should call Frontier at 1-877-462-8188, option 2 to request repair (or 1-800-921-8101). Repair technicians are available 24 hours a day, 7 days a week.

Pendleton County, W.V.

Pendleton County, W.V. residents are frustrated by another landline service outage afflicting Frontier Communications in the eastern panhandle region of the state.

The latest disruption began early Friday morning, leaving limited phone service throughout the county, with customers unable to dial any number that was not within the local 249 exchange.

Customers found cell phone service spotty, as it traditionally always is in the county, leaving some with no way to communicate and frayed nerves.

WHSV-TV reports Rosa Propst was extremely upset by the outage which dragged on for nearly two days. Propst’s father was hospitalized in another county and medical personnel could not reach her to report her father’s deteriorating medical condition.

Her ill father was also upset because he could not reach his daughter — or just about anyone else in Pendleton County over the weekend.

“I would have held Frontier responsible for not giving us an emergency services line where we could get to a hospital or call the hospital,” Propst told the station.

Frontier eventually found the problem — a series of fiber cuts over the length of 1,000 feet of cable. A Frontier spokesperson said the company had to replace about 7,000 feet of cable and had to find workers willing to climb 40 foot telephone poles in what was characterized as a rugged area.

Customers complained this was not the first significant outage for Frontier customers in the area.

The company eventually repaired service early Sunday morning.

Frontier has been accused of lacking network redundancy, letting phone companies bypass damaged lines by switching to backup infrastructure.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WHSV Harrisonburg Customers in Pendleton County Frustrated Over Limited Phone Service 6-10-12.flv[/flv]

WHSV first reported the major service outage to viewers during the weekend local news, noting customers between Brandywine and Sugar Grove had lost landline service. (2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WHSV Harrisonburg Family in Pendleton County Frustrated Over Phone Service 6-12-12.flv[/flv]

 In this second report, WHSV talks with the Propst family about the human impact extended service outages can have on customers.  (2 minutes)

Broadband life in Frankford, Greenbrier County, W.V. may be slow, but few customers of Frontier Communications thought things could get even slower.  And then they did.

Stop the Cap! reader DJ has been frustrated with the performance of his phone company — Frontier, that took control of Verizon’s landline network across the state.  Verizon rarely got the hopes up for customers waiting more than a decade for broadband service to reach them.  Dana Waldo, Frontier’s senior vice president and general manager did, telling West Virginians Frontier would propel the Mountain State from its current rank of 47th in the country to the top 5.  Achieving that goal seems unlikely when the company quietly reduces some customers’ broadband speeds.

“We are on the High Speed Max plan which gives us, or should I say gave us 3.5Mbps,” DJ shares.  Although his phone line supported that speed, Frontier’s congested network could not, especially at night when speeds dropped dramatically.  It took several months for Frontier to upgrade local facilities in the county to better manage the broadband demands of customers who pay $110 a month for DSL and phone service.

Frontier representatives promised the Pocahontas Times further upgrades were on the way by February of 2011, DJ says. February came and went and promised speeds of 5Mbps never arrived and Frontier representatives told DJ they didn’t know a thing about a 5Mbps broadband plan.

Fast forward to last spring: Frontier’s website suddenly advertised speeds up to 12Mbps.

Frontier's Mysterious Upgrade List

“I first contacted them through their Twitter account and was told I could receive 8Mbps, went through all the processes and a few days later I was told I [already] had the maximum speed available for my area and nothing was ever done,” DJ writes.

The Phantom “Network Upgrades” List

More discouraging to DJ was the surprise appearance of a Network Upgrades listing on the company’s website that again promised better days for customers in states like West Virginia.

“The geniuses at Frontier listed us as Frankfort instead of Frankford but either way we were listed to get upgrades at the end of [this past] November,” DJ says. “The date came, the date passed. Never once did I see a Frontier truck out working. I still found myself [with] 3.5Mbps and after being lied to about upgrades for the third time in a few years I was ticked.”

Frontier representatives would later wonder where DJ obtained the Network Upgrades list, which has since disappeared from the company’s website.  Stop the Cap! has an archived copy here (PDF).

The worst part of DJ’s story came on Jan. 24, when Frontier reduced his speed from 3.5Mbps to 1.3Mbps without notice or explanation.  Frontier, the phone company that provides free speed decreases for customers, is not part of any marketing plan DJ knows about, so he began calling the company for answers.

“I was told my speed would be fixed when “upgrades” were complete,” DJ reports. Later that day, after a series of complaint calls, his old speed returned, leaving him right where he started in 2010.

“There is no excuse for that kind of treatment and it has been going on for years,” DJ says. “It’s a shame we can’t get anything else; Suddenlink literally stops serving just down the road with 10Mbps service — sad.”

[Updated 3/26 2:31pm ET:  Changed piece to reflect unincorporated Frankford is actually in Greenbrier County, not Pocahontas.]

An Oak Hill, W.V. contractor has said Frontier Communications’ unwillingness to pay a $1.6 million dollar balance is behind a layoff of more than 50 employees who handled cable work and phone installations on behalf of West Virginia’s largest phone company.

S&N Communications laid off the workers indefinitely Jan. 9, telling them the phone company had not paid the contractor.

Frontier Communications issued a statement indicating the “contractual relationship between Frontier Communications and S&N Communications has ended.  Both parties consider such contractual arrangements to be confidential.”  It had no comment about S&N’s claim Frontier had an outstanding balance.

Frontier has experienced several challenges providing phone and broadband service in West Virginia.  A plague of copper thefts, poor service, and a broadband service interruption last Thursday affecting 9,000 residents have all presented problems for Frontier’s customers. On Sunday, a squirrel chewed through a fiber line that disrupted service for hundreds of customers in Brooke and Ohio counties, also knocking out service for Brooke County’s 911 center and sheriff’s office.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WVNS Ghent Telecommunications Company in Fayette County Lays Off Workers 1-11-12.mp4[/flv]

WVNS in Ghent, W.V. reports on the layoffs at S&N Communications.  (1 minute)