AT&T has agreed to pay an extra $3.5 million in addition to the $18.25 million already paid to settle Justice Department claims the company knowingly overbilled the government for reimbursement of fraudulent international relay calls usually made by scammers originating from countries like Nigeria.

The government joined a whistle-blower lawsuit in a Pittsburgh court in March 2012 after learning as many as 95 percent of relay service calls were initiated by ineligible individuals using a service intended for the hard of hearing.

AT&T was accused of knowingly allowing and profiting from fraudulent use of its relay service, collecting $1.30 a minute in reimbursement from a ratepayer-funded account administered by the government. The lawsuit claimed virtually all of the relay traffic was initiated by swindlers using untraceable text messaging.

Under the scam, an overseas individual pretending to be deaf would text message an AT&T relay operator to connect a call to a U.S. business or individual. Operators were compelled to relay any messages sent over the texting system, even if they suspected the calls were fraudulent. A large percentage of the calls originated in Nigeria and often involved placing orders with U.S. companies using stolen credit cards or counterfeit checks. Any subsequent investigation would reach a dead-end at one of AT&T’s relay operator centers, where the voice calls originated.

The federal government accused AT&T of profiting from the fraudulent calls and not suitably screening users to verify eligibility. The rules mandate individuals must certify they are deaf or hard of hearing and that they are United States residents. The federal government said AT&T skirted those requirements “out of fears that fraudulent call volume would drop after the registration deadline.”

“Taxpayers must not bear the cost of abuses of the Telecommunications Relay system,” said David J. Hickton, U.S. Attorney for the Western District of Pennsylvania. “Those who misuse funds intended to benefit the hearing- and speech-impaired must be held accountable.”

Today, the Justice Department announced AT&T agreed to pay another $3.5 million to resolve civil allegations under the federal False Claims Act.

AT&T said through a spokesperson settling the case was the “most productive course” of action.

Set-top box-less Time Warner Cable subscribers in parts of New York City will find more than 90 percent of the basic cable lineup missing from their QAM-equipped televisions as the cable company completes a transition away from analog cable television and begins encrypting almost all its digital channels.

The Federal Communications Commission changed the rules last year allowing large cable operators to begin encrypting basic cable, requiring customers to rent cable boxes or CableCARD units to keep watching.

Time Warner Cable began the all-digital, encrypted channel conversion earlier this year in Mount Vernon, Staten Island and Bergen County, N.J., and is now switching on encryption in the New York City region on a neighborhood-by-neighborhood basis.

The switch renders televisions useless for receiving cable channels without extra equipment supplied by Time Warner Cable. Encryption is deployed as an anti-theft measure, but it also inconveniences customers who have to rent equipment for each of their televisions. Encrypting basic channels also benefits Time Warner Cable by allowing service authorizations and disconnects to be handed from the office, reducing in-home appointments.

Customers will need a traditional set-top box, a Digital Transport Adapter (DTA), or a CableCARD to get the channels back. DTA boxes are being provided at no charge until 2015, after which they will cost $0.99 a month each.

Some customers also complain Time Warner is testing “copy protection” permissions, preventing some channels from being recorded. In Queens, one customer noted copy protection was active on C-SPAN, preventing recordings of the network. Some programmers may insist on copy protection technology being implemented as part of future cable carriage contracts. Most expect pay-per-view and on-demand events will be the first blocked from recording, potentially followed by premium movie channels.

At this time, Time Warner Cable says its encryption initiative is limited to the New York City area.

Wheeler

Incoming Federal Communications Commission chairman Tom Wheeler believes competition can be a more effective regulator of telecom industry practices and pricing than “micromanaging” the companies selling service.

“The first goal ought to be to make sure there is effective competition,” Wheeler told the Wall Street Journal in an interview Wednesday. “But I also know competition isn’t something that happens all by itself. We very much have a responsibility to make sure that there is access, at reasonable prices, to competitive broadband services. The way you do that is go back to competition.”

But Wheeler refused to share his views on whether Americans now enjoy his definition of “effective competition” from a wireless industry dominated by AT&T and Verizon and wired broadband service available from only one cable and telephone company in most communities.

“The reason why the U.S. is the world leader on the Internet is because we have the home-field advantage,” Wheeler said. “We want to keep that home-field advantage. One of the ways to do that is to keep the environment competitive, so it’s not the regulators determining what companies do.”

But the United States is not a broadband leader in speed, price, or penetration according to the OECD.

Wheeler seems reluctant to intervene in the market unless he is convinced competition is lacking. As a former lobbyist for the same companies he is now tasked with overseeing, a key test will be if Wheeler adopts the industry view that broadband is already a fiercely competitive and highly regulated business, or the one held by many consumer groups that a consolidated telecommunications marketplace retards competition, leading to higher prices and more restrictive service.

In an article posted on the FCC website, Wheeler described the philosophy governing his chairmanship of the FCC:

During my confirmation hearing I described myself as “an unabashed supporter of competition because competitive markets produce better outcomes than regulated or uncompetitive markets.” Yet we all know that competition does not always flourish by itself; it must be supported and protected if its benefits are to be enjoyed. This agency is a pro-competition agency.

We stand for the things that are important regardless of the network technology being used:

• To promote economic growth – technological innovation, growth and national economic leadership have always been determined by our networks; competition drives the benefits of those networks; and we have a responsibility to see to the expansion of those networks, including the appropriate allocation of adequate amounts of spectrum.
• To maintain the historic compact between networks and users – a change in technology may occasion a review of the rules, but it does not change the rights of users or the responsibilities of networks.
• To make networks work for everyone – it isn’t just that we expand high-speed Internet, but what we will be doing with that capacity. How networks enable a 21st century educational system, enable the expansion of capabilities for Americans with disabilities; and assure diversity, localism and speech are basic underpinnings of our responsibility.

One surprising appointment announced by Wheeler was Public Knowledge’s Gigi Sohn, who will become special counsel for external affairs. Sohn has been a frequent critic of the FCC and its former chairman, Julius Genachowski. She is also a strong advocate of Net Neutrality.

Frontier Communications’ new simplified pricing with no equipment fees or surprise contracts was well-timed for the phone company as it picked up a growing number of disgruntled Comcast and Time Warner Cable customers fed up with increasing modem rental fees.

Frontier depends a great deal on its residential broadband service to win back revenue the company has lost from years of landline cord-cutting. The company reported slowing revenue losses, now down to less than one percent for the quarter ending Sept. 30. Frontier’s profits reached $35.4 million this quarter, reduced by increased investment in broadband upgrades and pension fund-related expenses.

The independent phone company is still losing residential and business phone customers, but those losses have begun to stabilize. Frontier has 2.82 million residential customers and 275,000 business customers. While Time Warner Cable lost customers during the recent quarter, Frontier picked up 27,000 new ones. For all of 2013, Frontier added 84,500 new broadband customers. Nearly 84 percent of them added broadband as part of a bundle, which leads analysts to suspect most of Frontier’s new broadband customers are located in rural areas that never had access to broadband speeds before.

Frontier’s greatest opportunity is in the rural residential broadband business, and the company’s investment in improved broadband speeds has made a major difference in growing market share especially where it has a cable competitor. Currently, Frontier has 20-25 percent market share in most of its service areas. It wants 40%, but is unlikely to achieve it selling broadband speeds that often top out at around 10Mbps. Winning customers back to a landline provider has also proved difficult without an attractive bundled offer. In all but a few cities, Frontier bundles landline service with DSL broadband and a satellite television package.

Wilderotter

In rural markets, Frontier has had better success, particularly in areas formerly served by Verizon.

With help from the federal government’s Connect America Fund (CAF), Frontier invested over $21 million to expand rural broadband service in 2013. In the third quarter, the company expanded service to another 37,000 possible homes and businesses, with 30,000 more on the way in the fourth quarter. The company applied for $71.5 million in CAF funding for 2014.

Broadband speeds have also gradually increased in an expanding number of communities. As of today, 45 percent of homes can receive 20Mbps or better, 58 percent are capable of 12Mbps. A year-end commitment to offer at least 3Mbps speeds to 85% of customers in the most rural areas also appears within reach. Customers can upgrade to the next speed level in $10 increments.

But not every customer has gotten speed upgrades. In their largest legacy market — Rochester, N.Y., DSL speeds have remained unchanged in many areas. At the headquarters of Stop the Cap!, Frontier pre-qualified us this afternoon for the same 3.1Mbps DSL speed they offered in 2009, despite being blocks away from the city line.

Those increasing speeds have led to more traffic on Frontier’s broadband network, but the company says it has enough capacity to handle it.

“The average usage of all our customers across both fiber and the copper has grown to about 24GB per month at this point, and we see that increasing and people are comfortable with [our] facilities as well as our backhaul to support that growth,” said chief operating officer Dan McCarthy. “We’ve seen that grow virtually every month as we move forward.”

Frontier analyzes what customers do with their broadband connection and found 30 percent of customer usage is online video. That number is growing. Customers upgrading to the fastest speeds are often telecommuters or have a home full of avid broadband users.

“On the residential side [these high-end customers] are usually working at home, they are VPNing, they are gamers, and they are very active on video services and social media as well,” said CEO Maggie Wilderotter.

The average Frontier DSL customer still subscribes to 6Mbps service, which Wilderotter said was adequate for Netflix, web surfing, and e-mail. But the company is preparing to market speed upgrades to these customers to earn extra revenue.

So far, Frontier’s broadband growth has gone relatively unnoticed by their cable competitors.

“We really haven’t seen any sustainable programs that cable has put against us in the market and we do know that several cable operators have said they’re going to do more in those areas,” said Wilderotter. “We are very well prepared for that. We are giving everyday low pricing to the customer that’s simple and predictable and there are no add-on fees or modem rental costs.”

Most Frontier customers are offered $19.99 or $29.99 broadband pricing that can be bundled with other products for discounts. There is no term contract.

“Time Warner Cable has increased their modem fees [to] between $6 and $9 a month,” said Wilderotter. “That’s a huge price increase for a lot of customers. You compare that with Frontier which has no modem cost and customers understand where price value lies.”

Wilderotter noted Comcast has raised rates as well. Frontier intends to remind cable customers they have a choice, and will tailor offers to continue to increase market share.

Netflix and the rise of online video has taken its toll on what used to be a household name in DVD rental.

DISH Network Corporation today announced its subsidiary Blockbuster will close its 300 remaining retail rental locations and end its DVD-by-Mail rental service in mid-December.

“This is not an easy decision, yet consumer demand is clearly moving to digital distribution of video entertainment,” said Joseph P. Clayton, DISH president and chief executive officer. “Despite our closing of the physical distribution elements of the business, we continue to see value in the Blockbuster brand, and we expect to leverage that brand as we continue to expand our digital offerings.”

At its peak in 2004, Blockbuster had nearly 60,000 employees and more than 9,000 video rental stores. The company’s inadequate response to the rise of Netflix, which rented out its DVD’s by mail, caused revenue to plummet and Blockbuster filed for bankruptcy in September 2010.

Legendary investor Carl Icahn called Blockbuster “the worst investment I ever made.” DISH may feel the same way.

After acquiring the remnants of Blockbuster for $233 million and assuming $87 million in debt and liabilities at a 2011 bankruptcy auction, DISH found itself quickly in retreat, closing 200 Blockbuster rental stores in 2011, 500 more in 2012, and another 300 this year. Despite efforts to compete head-on with Netflix, Blockbuster’s DVD-by-Mail business never achieved much success because Netflix maintained a better selection and faster delivery from a more extensive network of regional distribution sites.

Today’s announcement marks the end of Blockbuster’s retail rental experience and its DVD rental distribution centers will close by early January as customer DVD rentals are returned in the mail.

Over the past 18 months, Blockbuster has divested itself of assets in the United States, as well international assets, including operations in the United Kingdom and Scandinavia. DISH will continue to support Blockbuster’s domestic and international franchise operations, relationships and agreements.

DISH will keep licensing rights to the Blockbuster brand, and key assets, including the company’s significant video library. DISH will focus on delivering the Blockbuster @Home service to DISH customers, and on its streaming service, Blockbuster On Demand.