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Fidelity Communications Caught Running Astroturf Website to Kill Broadband Competition

Sock Puppet “consumer group” opposing municipal broadband in Missouri is outed by their own website.

Fidelity Communications, a small Missouri-based independent cable operator providing service in Missouri, Oklahoma, Arkansas, Louisiana and Texas, has been outed as the creator and backer of a ‘grassroots’ group trying to prevent West Plains, Mo., from launching a public broadband network that would directly compete with Fidelity.

West Plains, a community of 12,000 in south-central Missouri, runs a public fiber network originally envisioned connecting city buildings, a local medical center, fire, police, and highway offices together. Local cable company Fidelity Communications had shown no interest in providing fiber connectivity in West Plains, so city officials explored the idea of building a city owned and operated fiber network itself. As word spread around town that fiber broadband was under consideration, locals began lobbying city officials to open the network up for private commercial and residential users as well.

By January 2016, supported by a dozen major employers willing to participate as network “anchors,” the city of West Plains got into the internet provider business.

West Plains has been challenged by a lack of digital infrastructure and has seen at least 500 jobs disappear over the past few years. Inadequate service from cable company Fidelity Communications, which suffered from frequent speed slowdowns and service interruptions, drove demands for an alternative.

Local officials have been extremely cautious about entering the broadband business, and have been reluctant to grow their network too quickly. The goal of the network these days is to provide robust and reliable high-speed internet access essential for the local digital economy and the jobs it creates. But city administrator Tim Stehn is also concerned about being a careful steward of the community’s finances.

“Of course, as a city administrator, I’m concerned, because if we would go completely to all businesses and residents, we’re looking at a high price tag that is estimated at $15 million,” Stehn told Christopher Mitchell in a 2017 interview for Community Broadband Bits. “What scares me the most is the customer service aspect of this. If we’re going to do this, I want to make sure the city is successful and that we can respond at serving the customer service. That’s the piece that really scares me the most.”

West Plains’ fiber network has grown carefully over the last few years, both in terms of its reach and its capabilities. At the outset, the network offered 25/25 Mbps dedicated connections primarily to business customers. But where West Plains’ fiber loop passes residential homes, the city has also been willing to provide service to local homeowners as well.

Last September, the city announced a three-month trial of the city’s 1 Gbps Gigabit Passive Optical Network (GPON). Up to 80 businesses and 14 homes in the Southern Hills district were invited to participate. West Plains’ GPON network offers participants a shared 1 Gbps connection. City officials were confident that even though the network is shared, there will be plenty of capacity available — much more than what DSL and cable broadband networks offer. The results of the pilot are designed to ascertain how much peak usage traffic the network will face and help local officials decide on what kinds of speed tiers to offer going forward.

The community’s progress since 2016 has not gone unnoticed. As Stop the Cap! has documented before, one of the best ways to force a stubborn incumbent phone or cable company to upgrade their network is to threaten to compete with it. Last September, Fidelity Communications suddenly announced it, too, was now offering gigabit internet service — at least for download speeds — within West Plains.

The residential service features 1 Gbps download speeds with 10 Mbps uploads, with a flat price of $79 per month, fees and Wi-Fi included, taxes may still apply. The higher speeds support multiple video streams, high-end online gaming, unlimited wireless devices and rapid transfer of huge data files, along with the capability to handle other bandwidth-hungry applications.

Over the past several months, Fidelity completed network upgrades, acquired 1 Gig-capable customer modems and freed up the bandwidth necessary to support the new 1 Gig speeds. These improvements will bring convenience and ease to those using the Internet in West Plains.

“As time goes on, technological demands keep increasing,” said Don Knight, Missouri general manager for Fidelity. “Fidelity intends to meet that demand by providing broadband speeds not normally available in rural areas.”

West Plains receiving gigabit service from two gigabit providers should be welcome news for local residents and businesses. But it apparently was not good news for Fidelity, which does not appreciate the competition.

Stop City Funded Internet has references to “Fidelity” — the area’s local cable company in certain file paths to images and other documents on its website.

StopCityFundedInternet.com was registered on Dec. 13, 2017 (and last updated Jan. 23, 2018, concealing the identity of the entity that registered the domain name behind an anonymous proxy service provided by Namecheap, a well-known domain name registrar.)

When the website went live, it claimed to be a “collection of fiscally conservative Missourians who believe that the role of government is to provide essential services that enhances the lives, safety and prosperity of local communities as opposed to leveraging taxpayer funds on high-risk endeavors that compete with services already provided by the private sector.”

This “independent” website coincidentally promotes the products and services of Fidelity Communications.

The website appeared to borrow heavily from a similar (failed) campaign to stop municipal broadband in Fort Collins, Col. The most common message of anti-municipal broadband campaigns is ‘taxpayer dollars will be wasted on failing broadband networks that take away from investments in schools, local infrastructure spending, and reducing crime.’ The Stop City Funded Internet campaign hit on all three of these messages, along with what it claims are examples of “failed” public broadband projects. The group’s website links to several “news articles” about municipal broadband that are actually opinion pieces typically written by industry-funded groups and individuals.

“West Plains is already a “Gig City,” with other private internet providers,” the website claims, without referring to Fidelity Communications directly. “In fact, residents already have access to a Gig connection for $80 per month. $80 per month is a price that is in line with many other cities around the country. The City of West Plains should focus its limited taxpayer funding on more pressing priorities, like fixing our roads and bridges, improving public safety and supporting our schools. And spending taxpayer dollars subsidizing a broadband utility would mean fewer resources for other services residents need and enjoy.”

The group invites those who oppose public broadband to register for e-mail updates, which will likely involve a $15 million bond and public referendum that would be needed to build out the city’s fiber to the home network to the entire community.

Isaac Protiva of West Plains found something unusual about the sudden appearance of the group and its website, which had no presence in the community before. For one, the group seemed to have an ample budget to spend on targeted Facebook ads for local residents. The ads promote the group’s website and Facebook page. That isn’t the case for Protiva’s own website: Internet Choice West Plains, which promotes the public broadband effort out of his own pocket.

Protiva also discovered certain elements on the group’s web page directly referenced “Fidelity:”

  • Header image: The main image from the homepage has a file name of “Fidelity_SCFI_Website_V2”
  • Privacy Policy: An image from the Privacy Policy page was hosted, or stored, on a website named “Fidelity.dmwebtest.com”

The website’s attempt to painstakingly avoid any connection to Fidelity Communications makes it a classic industry-sponsored astroturf operation. A private company secretly finances an “independent consumer group” that falls in line with the company’s public policy agenda. Many companies even brazenly reference such groups as evidence that their business views are in line with those of the public. In this case, the website developer accidentally outed the operation.

After Protiva began to publicize his efforts to document Fidelity’s funny business, the company initially responded by trying to hide the evidence. The website owners disabled the Internet Achive’s ability to snapshot the website’s history to scrub evidence of the accidental ties to Fidelity, Protiva claims. He also claims the group is heavily censoring its Facebook page.

Presented with strong evidence of the connection between Stop City Funded Internet and Fidelity Communications, the company finally came clean in a Facebook post:

More Than 2,000 AT&T Workers Getting $1,000 Bonus and Termination Notice

Phillip Dampier December 27, 2017 AT&T, Consumer News, Public Policy & Gov't 1 Comment

AT&T’s promised more jobs as a result of a large corporate tax cut, but is now reneging on the deal.

More than 2,000 AT&T employees will be given a one-time bonus of $1,000 as a consequence of the passage of the Republican tax cut legislation signed into law late last week by President Donald Trump and then will see their jobs terminated as AT&T begins sweeping job cuts across several of its divisions.

In the midwest, at least 600 employees working to maintain AT&T’s wireline network have been notified their jobs will be lost by early 2018. Additional layoffs include more than 700 DirecTV home installers whose jobs will be eliminated or outsourced to third-party contractors, 215 “high skilled technicians in nine southern states” whose jobs will not be replaced, and almost 700 workers in Texas and Missouri will see their jobs disappear beginning in February.

“Technology improvements are driving higher efficiencies, and there are some areas where demand for our legacy services continues to decline, and we’re adjusting our workforce in some of those areas as we continue to align our workforce with the changing needs of the business,” AT&T explained in a statement. “Many of the affected employees have a job offer guarantee that ensures they’ll be offered another job with the company, and we’ll work to find other jobs for as many of them as possible.”

Workers report AT&T’s promises do not tell the whole story. Most offered replacement jobs will have to move to other states and accept compensation reductions and a loss of seniority. If those workers were to need professional help, they can put their utmost trust on a workers comp lawyer.

“How can you lay people off and then give them $1,000 and say that there’s going to be more jobs available? I wish someone could tell me how that’s possible because I have to explain that to my members, and right now at this time of year, this is a difficult pill to swallow,” Joseph Blanco, president of Local 6360 Communication Workers of America Union in Kansas City, told Fox 4 on Thursday.

Randall Stephenson, CEO of AT&T, joined with Republicans in a press statement that claimed the new tax bill would improve the U.S. economy and the company’s standing.

In the spring of 2017, Stephenson promised an additional 7,000 jobs for every $1 billion in investment:

“The arithmetic for us is simple: For every billion dollars of additional investment we make is 7,000 additional jobs we have to put on to put that capital into the ground or on cell towers and so forth,” he said, adding that those jobs would likely be “hard hat” jobs that pay well.

“Congress, working closely with the president, took a monumental step to bring taxes paid by U.S. businesses in line with the rest of the industrialized world. This tax reform will drive economic growth and create good-paying jobs,” Stephenson said, according to CNBC. Except those “good-paying jobs” likely won’t be with AT&T. In statements to investors, Stephenson reiterated his plans for sweeping job cuts in the form of “cost savings.”

Last year, senior executives at AT&T told The New York Times that “shrinking the [company’s] workforce by 30 percent is not out of the question.”

FCC Commissioners Clyburn and Rosenworcel Blast Republican Colleagues Over Net Neutrality Repeal

Phillip Dampier December 14, 2017 Competition, Consumer News, Net Neutrality, Public Policy & Gov't Comments Off on FCC Commissioners Clyburn and Rosenworcel Blast Republican Colleagues Over Net Neutrality Repeal

The two Democratic minority members of the Federal Communications Commission shared their strong sentiments today in remarks condemning the 3-2 vote to repeal net neutrality. Commissioners Mignon Clyburn and Jessica Rosenworcel appeared irritated at today’s Open Commission Meeting. They expressed concern that today’s vote appeared politically motivated and ignored more than 20 million comments filed by members of the public, most in favor of net neutrality.

FCC Chairman Ajit Pai did not reference any comments from the public in his remarks supporting net neutrality’s repeal, which the FCC website celebrated as, “Reversing Title II Framework, Increases Transparency to Protect Consumers, Spur Investment, Innovation, and Competition.”

Jessica Rosenworcel

“Net neutrality is internet freedom. I support that freedom. I dissent from this rash decision to roll back net neutrality rules. I dissent from the corrupt process that has brought us to this point. And I dissent from the contempt this agency has shown our citizens in pursuing this path today. This decision puts the Federal Communications Commission on the wrong side of history, the wrong side of the law, and the wrong side of the American public.

The future of the internet is the future of everything. That is because there is nothing in our commercial, social, and civic lives that has been untouched by its influence or unmoved by its power. And here in the United States our internet economy is the envy of the world. This is because it rests on a foundation of openness.

That openness is revolutionary. It means you can go where you want and do what you want online without your broadband provider getting in the way or making choices for you. It means every one of us can create without permission, build community beyond geography, organize without physical constraints, consume content we want when and where we want it, and share ideas not just around the corner but across the globe. I believe it is essential that we sustain this foundation of openness—and that is why I support net neutrality.

Net neutrality has deep origins in communications law and history. In the era when communications meant telephony, every call went through, and your phone company could not cut off your call or edit the content of your conversations. This guiding principle of nondiscrimination meant you were in control of the connections you made.

This principle continued as time advanced, technology changed, and Internet access became the dial tone of the digital age. So it was twelve years ago—when President George W. Bush was in the White House—that this agency put its first net neutrality policies on paper. In the decade that followed, the FCC revamped and revised its net neutrality rules, seeking to keep them current and find them a stable home in the law. In its 2015 order the FCC succeeded—because in the following year, in a 184-page opinion the agency’s net neutrality rules were fully and completely upheld.

So our existing net neutrality policies have passed court muster. They are wildly popular. But today we wipe away this work, destroy this progress, and burn down time-tested values that have made our Internet economy the envy of the world.

Rosenworcel

As a result of today’s misguided action, our broadband providers will get extraordinary new power from this agency. They will have the power to block websites, throttle services, and censor online content. They will have the right to discriminate and favor the internet traffic of those companies with whom they have pay-for-play arrangements and the right to consign all others to a slow and bumpy road.

Now our broadband providers will tell you they will never do these things. They say just trust us. But know this: they have the technical ability and business incentive to discriminate and manipulate your internet traffic. And now this agency gives them the legal green light to go ahead and do so.

This is not good. Not good for consumers. Not good for businesses. Not good for anyone who connects and creates online. Not good for the democratizing force that depends on openness to thrive. Moreover, it is not good for American leadership on the global stage of our new and complex digital world.

I’m not alone with these concerns. Everyone from the creator of the world wide web to religious leaders to governors and mayors of big cities and small towns to musicians to actors and actresses to entrepreneurs and academics and activists has registered their upset and anger. They are reeling at how this agency could make this kind of mistake. They are wondering how it could be so tone deaf. And they are justifiably concerned that just a few unelected officials could make such vast and far-reaching decisions about the future of the internet.

So after erasing our net neutrality rules what is left? What recourse do consumers have?

We’re told don’t worry, competition will save us. But the FCC’s own data show that our broadband markets are not competitive. Half of the households in this country have no choice of broadband provider. So if your broadband provider is blocking websites, you have no recourse. You have nowhere to go.

We’re told don’t worry, the Federal Trade Commission will save us. But the FTC is not the expert agency for communications. It has authority over unfair and deceptive practices. But to evade FTC review, all any broadband provider will need to do is add new provisions to the fine print in its terms of service. In addition, it is both costly and impractical to report difficulties to the FTC. By the time the FTC gets around to addressing them in court proceedings or enforcement actions, it’s fair to assume that the start-ups and small entities wrestling with discriminatory treatment could be long done. Moreover, what little authority the FTC has is now under question in the courts.

We’re told don’t worry, the state authorities will save us. But at the same time, the FCC all but clears the field with sweeping preemption of anything that resembles state or local consumer protection.

If the substance that got us to this point is bad, the process is even worse.

Let’s talk about the public record.

The public has been making noise, speaking up, and raising a ruckus. We see it in the protests across the country and outside here today. We see it in how they lit up our phone lines, clogged our e-mail in-boxes, and jammed our online comment system. It might be messy, but whatever our disagreements are on this dais I hope we can agree this is democracy in action—and something we can all support.

To date, nearly 24 million comments have been filed in this proceeding. There is no record in the history of this agency that has attracted so many filings. But there’s something foul in this record:

Two million comments feature stolen identities.

Half a million comments are from Russian addresses.

Fifty thousand consumer complaints are inexplicably missing from the record.

I think that’s a problem. I think our record has been corrupted and our process for public participation lacks integrity. Nineteen state attorneys general agree. They have written us demanding we halt our vote until we investigate and get to the bottom of this mess. Identity theft is a crime under state and federal law—and while it is taking place this agency has turned a blind eye to its victims and callously told our fellow law enforcement officials it will not help.

This is not acceptable. It is a stain on the FCC and this proceeding. This issue is not going away. It needs to be addressed.

Finally, I worry that this decision and the process that brought us to this point is ugly. It’s ugly in the cavalier disregard this agency has demonstrated to the public, the contempt it has shown for citizens who speak up, and the disdain it has for popular opinion. Unlike its predecessors this FCC has not held a single public hearing on net neutrality. There is no shortage of people who believe Washington is not listening to their concerns, their fears, and their desires. Add this agency to the list.

I, too, am frustrated. But here’s a twist: I hear you. I listen to what callers are saying. I read the countless, individually written e-mails in my in-box, the posts online, and the very short and sometimes very long letters. And I’m not going to give up—and neither should you. If the arc of history is long, we are going to bend this toward a more just outcome. In the courts. In Congress. Wherever we need to go to ensure that net neutrality stays the law of the land. Because if you are conservative or progressive, you benefit from internet openness. If you come from a small town or big city, you benefit from internet openness. If you are a company or non-profit, you benefit from internet openness. If you are a start-up or an established business, you benefit from internet openness. If you are a consumer or a creator, you benefit from internet openness. If you believe in democracy, you benefit from internet openness.

So let’s persist. Let’s fight. Let’s not stop here or now. It’s too important. The future depends on it.”

Mignon Clyburn

“I dissent. I dissent from this fiercely-spun, legally-lightweight, consumer-harming, corporate-enabling Destroying Internet Freedom Order.

I dissent, because I am among the millions who is outraged. Outraged, because the FCC pulls its own teeth, abdicating responsibility to protect the nation’s broadband consumers. Why are we witnessing such an unprecedented groundswell of public support, for keeping the 2015 net neutrality protections in place? Because the public can plainly see, that a soon-to-be-toothless FCC, is handing the keys to the Internet – the Internet, one of the most remarkable, empowering, enabling inventions of our lifetime – over to a handful of multi-billion dollar corporations. And if past is prologue, those very same broadband internet service providers, that the majority says you should trust to do right by you, will put profits and shareholder returns above, what is best for you.

Each of us raised our right hands when we were sworn in as FCC Commissioners, took an oath and promised to uphold our duties and responsibilities ‘to make available, so far as possible, to all the people of the United States, without discrimination… a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges.’ Today the FCC majority officially abandons that pledge and millions have taken note.

I do not believe that there are any FCC or Congressional offices immune to the deluge of consumer outcry. We are even hearing about state and local offices fielding calls and what is always newsworthy is that at last count, five Republican Members of Congress went on the record in calling for a halt of today’s vote. Why such a bipartisan outcry? Because the large majority of Americans are in favor of keeping strong net neutrality rules in place. The sad thing about this commentary, it pains me to say, is what I can only describe as the new norm at the FCC: A majority that is ignoring the will of the people. A majority that will stand idly by while the people they serve lose.

We have heard story after story of what net neutrality means to consumers and small businesses from places as diverse as Los Angeles’ Skid Row and Marietta, Ohio. I hold in my hand letters that plead with the FCC to keep our net neutrality rules in place but what is striking and in keeping with the new norm, despite the millions of comments, letters, and calls received, this Order cites, not even one. That speaks volumes about the direction the FCC is heading. That speaks volumes about just who is being heard.

Clyburn

Sole proprietors, whose entire business model, depends on an open internet, are worried that the absence of clear and enforceable net neutrality protections will result in higher costs and fewer benefits because you see: they are not able to pay tolls for premium access. Even large online businesses have weighed in, expressing concern about being subject to added charges as they simply try to reach their own customers. Engineers have submitted comments including many of the internet’s pioneers, sharing with the FCC majority, the fundamentals of how the internet works because from where they sit, there is no way that an item like this would ever see the light of day, if the majority understood the platform some of them helped to create.

I have heard from innovators, worried that we are standing up a mother-may-I regime, where the broadband provider becomes arbiter of acceptable online business models. And yes, I have heard from consumers, who are worried given that their broadband provider has already shown that they will charge inscrutable below-the-line fees, raise prices unexpectedly, and put consumers on hold for hours at a time. Who will have their best interests at heart in a world without clear and enforceable rules overseen by an agency with clear enforcement authority? A toothless FCC?

There has been a darker side to all of this over the past few weeks. Threats and intimidation. Personal attacks. Nazis cheering. Russian influence. Fake comments. Those are unacceptable. Some are illegal. They all are to be rejected. But what is also not acceptable, is the FCC’s refusal to cooperate with state attorney general investigations, or allow evidence in the record that would undercut a preordained outcome.

Many have asked, what happens next? How will all of this – Net Neutrality, my internet experience, look after today? My answer is simple. When the current protections are abandoned, and the rules that have been officially in place since 2015 are repealed, we will have a Cheshire cat version of net neutrality. We will be in a world where regulatory substance fades to black, and all that is left is a broadband provider’s toothy grin and those oh so comforting words: we have every incentive to do the right thing.

What they will soon have, is every incentive to do their own thing.Now the results of throwing out your Net Neutrality protections, may not be felt right away. Most of us will get up tomorrow morning and over the next week, wade through hundreds of headlines, turn away from those endless prognosticators, and submerge ourselves in a sea of holiday bliss. But what we have wrought will one day be apparent and by then, when you really see what has changed, I fear, it may not only be too late to do anything about it, because there will be no agency empowered to address your concerns. This item insidiously ensures the FCC will never be able to fully grasp the harm it may have unleashed on the internet ecosystem. And that inability might lead decisionmakers to conclude, that the next internet startup that failed to flourish and attempted to seek relief, simply had a bad business plan, when in fact what was missing was a level playing field online.

Particularly damning is what today’s repeal will mean for marginalized groups, like communities of color, that rely on platforms like the internet to communicate, because traditional outlets do not consider their issues or concerns, worthy of any coverage. It was through social media that the world first heard about Ferguson, Missouri, because legacy news outlets did not consider it important until the hashtag started trending. It has been through online video services, that targeted entertainment has thrived, where stories are finally being told because those same programming were repeatedly rejected by mainstream distribution and media outlets. And it has been through secure messaging platforms, where activists have communicated and organized for justice without gatekeepers with differing opinions blocking them.

Where will the next significant attack on internet freedom come from? Maybe from a broadband provider allowing its network to congest, making a high-traffic video provider ask what more can it pay to make the pain stop. That will never happen you say? Well it already has. The difference now, is the open question of what is stopping them? The difference after today’s vote, is that no one will be able to stop them.

Maybe several providers will quietly roll out paid prioritization packages that enable deep-pocketed players to cut the queue. Maybe a vertically-integrated broadband provider decides that it will favor its own apps and services. Or some high-value internet-of-things traffic will be subject to an additional fee. Maybe some of these actions will be cloaked under nondisclosure agreements and wrapped up in mandatory arbitration clauses so that it will be a breach of contract to disclose these publicly or take the provider to court over any wrongdoing. Some may say ‘Of Course this will never happen?” After today’s vote, what will be in place to stop them?

What we do know, is that broadband providers did not even wait for the ink to dry on this Order before making their moves. One broadband provider, who had in the past promised to not engage in paid prioritization, has now quietly dropped that promise from its list of commitments on its website. What’s next? Blocking or throttling? That will never happen? After today’s vote, exactly who is the cop of the beat that can or will stop them?

And just who will be impacted the most? Consumers and small businesses, that’s who. The internet continues to evolve and has become ever more critical for every participant in our 21st century ecosystem: government services have migrated online, as have educational opportunities and job notices and applications, but at the same time, broadband providers have continued to consolidate, becoming bigger. They own their own content, they own media companies, and they own or have an interest in other types of services.

Why are millions so alarmed? Because they understand the risks this all poses and even those who may not know what Title II authority is, know that they will be at risk without it.

I have been asking myself repeatedly, why the majority is so singularly-focused on overturning these wildly-popular rules? Is it simply because they felt that the 2015 Net Neutrality order, which threw out over 700 rules and dispensed with more than 25 provisions, was too heavy-handed? Is this a ploy to create a “need” for legislation where there was none before? Or is it to establish uncertainty where little previously existed?

Is it a tactic to undermine the net neutrality protections adopted in 2015 that are currently parked at the Supreme Court? You know, the same rules that were resoundingly upheld by the D.C. Circuit last year? No doubt, we will see a rush to the courthouse, asking the Supreme Court to vacate and remand the substantive rules we fought so hard for over the past few years, because today, the FCC uses legally-suspect means to clear the decks of substantive protections for consumers and competition.

It is abundantly clear why we see so much bad process with this item: because the fix was already in. There is no real mention of the thousands of net neutrality complaints filed by consumers. Why? The majority has refused to put them in the record while maintaining the rhetoric that there have been no real violations. Record evidence of the massive incentives and abilities of broadband providers to act in anti-competitive ways are missing from the docket? Why? Because they have refused to use the data and knowledge the agency does have, and has relied upon in the past to inform our merger reviews. As the majority has shown again and again, the views of individuals do not matter, including the views of those who care deeply about the substance, but are not Washington insiders.

There is a basic fallacy underlying the majority’s actions and rhetoric today: the assumption of what is best for broadband providers, is best for America. Breathless claims about unshackling broadband services from unnecessary regulation, are only about ensuring that broadband providers, have the keys to the internet. Assertions that this is merely a return to some imaginary status quo ante, cannot hide the fact, that this is the very first time, that the FCC, has disavowed substantive protections for consumers online.

And when the current, 2015 Net Neutrality rules are laid to waste, we may be left with no single authority with the power to protect consumers. Now this Order loudly crows about handing over authority of broadband to the FTC, but what is absent from the Order and glossed over in that haphazardly issued afterthought of a Memorandum of Understanding or MOU, is that the FTC is an agency, with no technical expertise in telecommunications; the FTC is an agency that may not even have authority over broadband providers in the first instance; the FTC is an agency that if you can even reach that high bar of proving unfair or deceptive practices and that there is substantial consumer injury, it will take years upon years to remedy. But don’t just take my word for it: even one of the FTC’s own Commissioners has articulated these very concerns. And if you’re wondering why the FCC is preempting state consumer protection laws in this item without notice, let me help you with a simple jingle that you can easily commit to memory: If it benefits industry, preemption is good; if it benefits consumers, preemption is bad.

Reclassification of broadband will do more than wreak havoc on net neutrality. It will also undermine our universal service construct for years to come, something which the Order implicitly acknowledges. It will undermine the Lifeline program. It will weaken our ability to support robust broadband infrastructure deployment. And what we will soon find out, is what a broadband market unencumbered by robust consumer protections will look like. I suspect the result will not be pretty.
I know there are many questions on the mind of Americans right now, including what the repeal of net neutrality will mean for them. To help answer outstanding questions I will host a town hall through Twitter next Tuesday at 2pm EST. What saddens me is that the agency that is supposed to protect you is abandoning you, but what I am pleased to be able to say is the fight to save net neutrality does not end today. This agency does not have, the final word. Thank goodness.

As I close my eulogy of our 2015 net neutrality rules, carefully crafted rules that struck an appropriate balance in providing consumer protections and enabling opportunities and investment, I take ironic comfort in the words of then Commissioner Pai from 2015, because I believe this will ring true about this Destroying Internet Freedom Order:

“I am optimistic, that we will look back on today’s vote as an aberration, a temporary deviation from the bipartisan path, that has served us so well. I don’t know whether this plan will be vacated by a court, reversed by Congress, or overturned by a future Commission. But I do believe that its days are numbered.”

Amen to that, Mr. Chairman. Amen to that.

Editor’s Note: In deference to journalism style books and the forthcoming introduction of several pieces of proposed legislation to enshrine the idea of an open internet into law, we are henceforth referring to “net neutrality” in lowercase. Since Stop the Cap! began, we have consistently referred to the concept as “Net Neutrality,” but because we will soon see various bills and policy proposals outlining different ideas about what that represents, it is more appropriate to refer to it as a general concept as opposed to a singular policy. The change should not suggest any editorial commentary about the principle of net neutrality or its importance. Most print publications began referring to net neutrality in lowercase more than a year ago. We now join them for the reasons referenced above.

AT&T Shifting More Customer Call Centers Offshore

Phillip Dampier October 4, 2017 AT&T, Consumer News, Public Policy & Gov't 1 Comment

Less than a decade ago, AT&T was one of El Paso’s largest private employers, with 2,400 employees. Next month, it will be a shadow of its former self with fewer than 500 local workers after a series of layoffs and call center closures.

AT&T is planning to close its East El Paso office in November, giving 278 employees the option of leaving or relocating to San Antonio, Missouri, or Florida to remain employed by AT&T.

AT&T used to employ thousands of workers in its El Paso call centers and technical facilities. But much of that work is now being shifted to third-party contractors and offshore call centers overseas.

Since 2011, AT&T has eliminated 12,000 call center jobs in the United States, closing and downsizing call centers across the country, according to the Communications Workers of America.

In 2006, AT&T closed a major call center in Massachusetts, despite receiving generous tax benefits from the local and state government, and offered to relocate those employees to the same call centers in El Paso it is closing now.

In 2015, AT&T demanded El Paso and the state of Texas triple their $50 million annual tax break or else they would shift spending elsewhere. It appears tax abatements ultimately had little effect on AT&T’s spending decisions in the western Texas city.

The union reports the annual salaries for those jobs ranged from $32,000 to $65,000 per year, plus commissions and health and retirement benefits. Offshore customer care centers pay a fraction of those salaries and many third-party contractors do not pay benefits because they designate many employees as part-time workers.

AT&T disputes it is increasing its offshore customer service workforce at the cost of American workers.

“It’s important to note that there is a job for every employee who is willing to relocate to the facilities where the work is being consolidated,” and they will get a relocation allowance if they have to move, Marty Richter, a spokesman for AT&T, told the El Paso Times.

“We’re adding people in many areas of our business where we’re seeing increased customer demand for products and services,” and reducing jobs in areas where work volumes are decreasing, “in part because of changing technology,” Richter added.

Most of the remaining 350 AT&T employees in El Paso will be staffing five retail stores in the area or working as technicians or back-office workers.

Few are expected to take AT&T’s offer to relocate to San Antonio, if only because there are signs AT&T will continue to cut back on its domestic call center operations and shift that work online or overseas.

Verizon Wireless’ Great Rural Purge: Tens of Thousands Losing Cell Service

Herding rural customers off Verizon Wireless.

Nearly 20,000 rural Verizon Wireless customers in states like Maine, Michigan, North Dakota, and Montana are being notified their cell service is being terminated because they spend too much time roaming outside of a Verizon Wireless coverage area.

Verizon Wireless won’t say exactly how many customers it recently sent letters to advising them that because they have used “a significant amount of data while roaming off the Verizon Wireless network,” their service will be terminated Oct. 17.

“We’re providing advance notice to these customers so they have plenty of time to port their wireless number to another company before their Verizon Wireless service ends,” Verizon spokesperson Laura Meritt stated. “We regularly review accounts with data use that primarily takes place outside of the Verizon network.”

Verizon denies reports as many as 19,000 customers are losing service as a result of the purge, but their representatives are routinely quoting that number to customers and officials calling Verizon to complain.

Customers have no recourse and if they don’t port their number to another service provider by the termination date, their number will be disconnected and lost for good. The only good news? Verizon wants to disconnect customers so badly, they are willing to forgive the remaining owed balances for any devices financed through Verizon.

Maine

In Winter Harbor, many Verizon Wireless customers reportedly received the same letter, including the town’s police chief Danny Mitchell, who is concerned about the impact Verizon’s decision will have on local public safety.

“From a public safety standpoint, a lot of our 911 calls come in via mobile phone. And when you have less towers or less service to ping off from, then your area of location, instead of getting more specific in the location, is gonna get wider,” Mitchell told WLBZ-TV in Bangor.

Maine’s Public Advocate is concerned as well, and noted this is what happens when unfettered deregulation of telecommunications services give providers the right to terminate any customer for any reason.

“The Office of the Public Advocate is concerned about the well-being of all Maine residents,” the agency wrote. “This loss of wireless communication underscores the importance of our landline network to ensure that individuals can contact public safety officials in the event of an emergency.  Verizon’s actions raise new concerns that areas once deemed a competitive marketplace for telecommunications will once again be served only by their landline provider.  This possibility should be considered as the de-regulation of landline telephone continues throughout the state.”

Public Advocate Barry Hobbins thinks it all comes down to money.

“Because it’s not cost-effective for them, now they’re going to pull the plug — and basically pull the plug on 2,000 customers — then that becomes an issue,” he says.

The decision to terminate an estimated 2,000 customers in rural Maine alone is especially stinging to residents, public safety officials, and community leaders because they bent over backwards to get Verizon Wireless to expand its coverage area in the state.

In 2015, communities in Washington and eastern Hancock counties joined forces to make life easier for Verizon in return for expansion of cell service in the region, quickly approving more than a dozen new cell towers adjacent to well-traveled Routes 1 and 9.

Mitchell said residents are more than a little annoyed that Verizon is kicking them off after all that they’ve done for the company.

In 2015, the Finance Authority of Maine (FAME) insured, at the public’s expense, a $3.4 million loan for Wireless Partners, LLC of Portland to enhance Verizon’s 4G LTE network with up to 32 new cell towers for those counties.

FAME Board Chair Raymond Nowak said at the time, “It is our hope that the planned communication improvements by Wireless Partners will support business expansion, emergency services, and the tourism industry in Maine. Such partnerships are a key part of FAME’s strategy to support infrastructure that enables the success of other businesses.”

“We are pleased to be partnering with FAME and Mechanics Savings Bank on this important project,” added Bob Parsloe, president and CEO of Wireless Partners, LLC. “This project will make it possible for people who live, work and recreate in Downeast Maine to have reliable 4G LTE broadband and voice cellular service that allows them to be connected like the rest of the world.”

Not anymore.

“[People are] going to come out their door every day, look at a cellphone tower and say, ‘Hey, I can’t connect to that because Verizon won’t let me,’” Mitchell said.

Letter from Verizon Wireless terminating service for “excessive roaming.”

In fact, Verizon Wireless customers who don’t live in the area, along with customers of other wireless companies who happen to be roaming while traveling, will be able to use those cell towers while former local Verizon Wireless customers cannot.

Law enforcement and public safety officials feel a little bait-and-switched by the decision.

Sheriff Curtis

Washington County Sheriff Barry Curtis says his department is still trying to wrap their heads around what Verizon Wireless is doing. But he seems confident it could adversely affect the department’s ability to stay in touch with law enforcement officials and respond quickly to calls. The decision could, in his view, set back the county several years.

“It’s kind of difficult sitting in this seat as far as being the sheriff here,” he says. “I’m in contact with the commissioners. I’m hoping that they’re going to be stepping up to the plate here, assisting us in this too — filing their complaints. We’re going to need all the help we can get here.”

With a chorus of complaints across rural Maine, officials at Wireless Partners have launched their own damage control effort to point the finger of blame at Verizon Wireless, and claim they had no idea the wireless company was pulling the plug on so many customers.

“Access to 4G LTE is an essential 21st century infrastructure need and it is the mission of Wireless Partners to meet that need in rural, underserved areas of Maine and New Hampshire,” said Wireless Partners CEO Bob Parsloe. “To that end, Wireless Partners built, owns, operates, and is expanding a Verizon Wireless 4G LTE network in Downeast Maine. Along with our network users, we were blindsided to learn that Verizon Wireless mailed subscription cancellation notices to their customers on this network. Wireless Partners was not given advance warning that Verizon Wireless was planning to restrict new customers nor terminate existing customers. We were only made aware of this development from concerned Verizon Wireless customers who were in receipt of the cancellation notification.”

Parsloe did hint at what is motivating Verizon to drop its own customers.

“Verizon Wireless did ask Wireless Partners to assist them in reducing the contractually agreed costs of using our networks,” Parsloe added. “Wireless Partners promptly informed Verizon that it was ready to address their concerns. At no point during this dialogue, which continues in earnest, did Verizon Wireless indicate to us their intent to restrict new customers and cancel current customers.”

Maine’s Public Advocate believes Verizon’s resumption of its unlimited data plan is probably costing the company more than it anticipated in roaming data charges levied by third party cooperating providers like Wireless Partners. In rural areas, private companies and independent providers often lease their networks to larger cellular companies like Verizon to enhance rural coverage and avoid exposing customers to punitive roaming charges. As far as customers are aware, they are using Verizon’s home network and there are no indications on their devices they are roaming.

Hobbins adds Verizon is doing this “all over the country” and residents in Maine — with large expanses of rural areas, are just among the first to react. But it annoys him that Verizon is implying in its letters that customers are doing something wrong. In fact, he says, they were simply using the service plan that Verizon sold them.

“It appears that Verizon induced these companies to build out in the rural areas around the country and then significantly promoted it by saying that they’re covering the rural areas when it fact now after putting those ads out, they’re now not covering the rural areas — in fact, they’re cutting it back,” Hobbins said.

Michigan

Tuscola County, Mich.

In mid-Michigan, customers are also getting termination letters from Verizon Wireless. In Tuscola County, Frank Rouse says he routinely spends $275 a month on four lines with Verizon Wireless and has been a customer for years. But Verizon is kicking him to the curb.

“I was pretty livid. I called customer service and I wasn’t real pleasant with them,” Rouse said, claiming he was furious when he opened the letter. “Why not do something proactive and maybe put up a tower in the area or something to keep the customers and draw in new customers.”

Mid-Michigan residents already have just a few choices for cell service, and now there is one fewer.

For Jamie Hay, it isn’t all bad news. He will lose his Verizon Wireless account but scored more than $3,600 in free phones and tablets he acquired for his family of six just two weeks before getting the letter.

“I made one payment and now I get to keep everything for free because Verizon is closing my account, voiding my payment plans and reporting all devices as now effectively paid in full,” Hay tells Stop the Cap! “Thanks to every other Verizon Wireless customer for covering my fabulous new phones and iPad!”

WNEM-TV in Michigan reports some customers are furious about being terminated by Verizon Wireless, and the company isn’t saying much. (1:32)

North Dakota

SRT Communications’ coverage map in North Dakota.

At least several hundred customers were notified across North Dakota that their Verizon Wireless service would also be terminated on Oct. 17. For many, once Verizon is no longer an option, cell service is no longer an option. Customers tell Stop the Cap! northern parts of the state are already reeling from North Dakota-based SRT Communications’ decision to exit the wireless business after 20 years. The company said it can no longer compete against larger companies like AT&T and Verizon and lack the resources to continue upgrades.

Customers are being encouraged to switch to Verizon Wireless, and Verizon has bought SRT’s spectrum and promised to improve coverage as part of the deal. But now some customers have been told they will not be able to keep their SRT service or Verizon Wireless much longer.

Montana
“Dropped like a bad habit,” as he put it, Kyle Wasson is among an unknown number of Verizon Wireless customers in Montana losing their Verizon service on Oct. 17.

Wasson, who was nearing a decade as a Verizon Wireless customer, is now no longer wanted, according to the letter he received: “We will no longer offer service for the numbers listed above since your primary place of use is outside the Verizon Wireless network” and “we discovered you are using a significant amount of data while roaming off the Verizon Wireless network.”

Northern Montana

Wasson had switched to Verizon’s unlimited data plan which he suspects might have had something to do with Verizon’s decision. Wasson doesn’t have many options in the town of Loring, 15 miles south of the Canadian border.

Neither does Brandi Horn in Harlem or Sue Hagen of Scobey — also told their Verizon service was being terminated next month.

“There is no better service in rural Montana than Verizon,” Horn said. “It’s going to be hard finding an affordable and high-coverage service now.”

LTE in Rural America (LRA) Program Implicated in Disconnections

Observers suspect the crackdown on rural roaming is primarily affecting customers served by the 21 partners Verizon has enrolled in its (LRA) program.

Under the program, LRA members lease Verizon’s 700MHz Upper C Block spectrum. Partners have access to Verizon’s network vendors and discounts and can sell the same equipment Verizon offers its customers in their stores. But the 21 companies are responsible for financing and building their own networks and can sell service independent of Verizon. In return, Verizon customers can “roam” on those networks as if they were still within Verizon’s home network. Verizon’s partners gain access to resources to build out their own LTE 4G networks and have a certain amount of effectively guaranteed traffic from Verizon customers in their service areas.

Verizon has leased out LTE spectrum covering 225,000 square miles in 169 rural counties in 15 different states. The company said more than 1,000 LTE cell sites have been built and switched on through the program, covering 2.7 million people.

But Verizon does not have the capacity to throttle or deprioritize traffic on third-party networks, meaning customers enrolled in an unlimited data plan can use as much data as they want on partner networks. There is a strong likelihood Verizon has to compensate those providers at premium rates for network traffic generated by their customers.

That means customers are at the highest risk of being disconnected if they are on an unlimited data plan and use their Verizon devices in areas served by these providers — all participants in the LRA program:

Bluegrass Cellular; Cross Telephone; Pioneer Cellular; Cellcom; Thumb Cellular; Strata Networks; S and R Communications; Carolina West; Custer Telephone Cooperative; KPU Telecommunications; Chariton Valley Communication Corporation; Appalachian Wireless; Northwest Missouri Cellular; Chat Mobility; Matanuska Telephone Association; Wireless Partners; Triangle Communications; Nemont; Mid-Rivers Communications and Copper Valley Telecom.

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