Despite concerns from consumer groups that a deal to exchange wireless spectrum in return for collaborative marketing between two competitors will lead to higher prices for consumers, the Federal Communications Commission seems prepared to approve it, according to a report from the Reuters news agency.

Two sources familiar with the matter told Reuters the FCC has taken the lead on the “spectrum transfer” issue, which involves turning over prime wireless spectrum currently owned by large cable operators Comcast, Time Warner Cable, Cox, and Bright House Networks to Verizon Wireless. The combined licenses the cable industry holds are in the majority of major American cities, which critics charge Verizon will acquire to eliminate any potential competitive threat from a new nationwide wireless carrier.

Verizon’s recent moves to sell off its own “excess” spectrum to its current competitors has garnered favor inside the FCC, according to sources. Verizon Wireless recently agreed to transfer some of that spectrum to T-Mobile USA, which coincidentally was a fierce opponent of the deal between Verizon and cable operators. T-Mobile’s opposition has since muted.

Licenses owned by the cable industry would have been expansive enough to launch a new national wireless competitor. (Image: Phonescoop)

The deal between Verizon and the nation’s top cable companies is worth about $3.9 billion, but the Justice Department continues to signal concerns it would ultimately cost consumers more than that. According to Reuters, Verizon remains in “tougher talks” with lawyers inside the Justice Department who are concerned cooperative marketing between the phone and cable companies would result in decreased competition and higher prices.

One source told Reuters regulators were hoping Verizon’s now-stalled fiber to the home network FiOS would bring major competition to the cable industry, which until then had only faced moderate competition from satellite dish providers. In return, Comcast and other cable operators were expected to invade the wireless phone marketplace, adding needed competition.

Instead, both sides have retreated to their respective positions — Verizon focusing on its wireless service and Comcast and other cable companies abandoning interest in wireless phones and sticking to cable-based products.

The idea that both would begin to cross-market each other’s products is “a problem” according to the Justice source not authorized to speak publicly.

Additionally, concerns are being raised over a proposed “joint operating entity” between Verizon and cable operators that would focus on developing new technologies that could lock out those not in the consortium.

No decision is expected from the Justice Department until August, but Justice officials have signaled they have several options they can pursue:

1. Sue to stop the spectrum transfer;
2. Force the companies to modify their proposal to reduce potential collusion;
3. Approve the deal but monitor how cross-marketing agreements impact on consumer markets for wireless and cable products.

Stop the Cap! reader Joanne wants to see the back of Frontier Communications’ DSL service so she headed to Time Warner Cable to get information about their broadband pricing. Things quickly got confusing when she opened a chat session with a support representative over exactly what the cable company was charging for service and installation. We’re going to participate after the fact (our comments are in blue):

Joanne: I am looking at basic Internet service at $19.95 per month.

TWC: Great choice!

STC: Did anyone think the representative would say anything different no matter what level of service Joanne wanted?

TWC: What kind of questions do you have regarding this one?

Joanne: Is installation included at no charge?

TWC: Not actually there is an installation of 49.99 but you can get a very special discount of $19.99, but if you are not able to pay that you can always get the recurring method of payment or auto payment and you can get free installation!

STC: What?

Joanne: Which is it – 49.99, 19.99 or zero?

TWC: I mean once you order the service we will make a discount of 19.99 for the installation, but if you want you can select the auto payment and you will get free installation.

STC: Joanne should have asked at this point for TWC to waive the installation fee so she need not reach for a bottle of Tylenol and decoder ring to figure all this out. 

Joanne: By auto payment, do you mean automatic via my checking account?

TWC: Yes, or credit or debit card as well.

STC: Joanne could also set up automatic billing on a credit card nearly set to expire and then just drop back to regular billing if she was uncomfortable with Time Warner automatically sipping money out of her accounts. 

Joanne: What is the total including taxes for this plan, per month?

TWC: $19.99 + 2.50 if you need a modem and $2 or $2.50 taxes. No more than that.

STC: Of course she needs a modem. But if Joanne plans to stick around with Time Warner, she might want to buy one herself and avoid the modem rental fee altogether. Why pay that forever?

TWC: Once they process the order you will be getting an email with all the details about it!

Joanne: Thanks, but I prefer to know the details BEFORE I sign up. If I wanted to sign up for two years, or three, could I do that at the 19.95 rate?

TWC: No, it is 12 month promotions with no contract.

STC: Just threaten to leave after the 12 months are up and watch it get extended for another year. By the way, can you say “offshore chat support center?” 

Joanne: What is the current full rate for basic service per month?

TWC: As we do not have a contract involved we do not handle prices after the promo expiration, what we have is a promotional time that will be for 12 month that way we will be always sure you as our customer are taking advantage of the earliest and best promotion by the time your promotion is about to expire!

STC: (banging head on desk)

Joanne: So you can’t tell me what the current full rate is as of today, for your current customers?

STC: Apparently not. More than two minutes passed before Joanne finally asked if the representative was still there.

TWC: Yes, I’m checking into that. Just a moment please. […] That would be 29.99 + 2.50 + taxes.

Joanne also learned there are no usage caps, for now anyway.

Our recommendations is to call Time Warner Cable by phone for anything more complex than a service credit request or address change. The time and unnecessary confusion that is saved could be your own.

Bill padding you to infinity with Comcast’s new “Regulatory Recovery Fee.”

“Effective July 1, 2012, a Regulatory Recovery Fee will be instituted to recover additional costs associated with governmental programs.  This fee is not government-mandated, and may vary based upon your monthly usage pattern.”

That notice was included in the fine print of Comcast’s June billing statements for customers with Xfinity phone service, and has led to many questions from subscribers confused about the new charges, how they are calculated, and why they are being charged in the first place.

Welcome to Comcast’s bill-padding adventure. The telecommunications company has discovered it can deliver a back-door rate increase and blame it on “governmental programs,” even though Comcast has been paying some of these fees as a cost of doing business for decades.

The Federal Communications Commission allows companies to recover these costs from subscribers, which Comcast has effectively been doing by including them in the price of monthly service. But now Comcast is taking a lesson from wireless phone companies who have discovered they can keep your monthly rate the same -and- bill you the new “regulatory recovery fee” and pocket the proceeds themselves.

For now, the Regulatory Recovery Fee applies to Comcast’s phone service only (underlining ours):

The Regulatory Recovery Fee is part of the cost of providing Comcast voice service and supports federal, municipal and state programs including, without limitation, universal service. This aggregated fee is not government mandated, but Comcast is permitted by law to recover these costs from its subscribers. The aggregated fee may vary based on service usage patterns and program surcharge rates.

The exact amount of the charge and how it is calculated can be found on Comcast’s telephone “tariff” website, which breaks out the charges for telephone service state-by-state, and in some cases city by city.

Surprisingly, Comcast’s small New York State operations appear to have no regulatory recovery charges at all. In parts of Virginia, customers only face a “Federal Cost Recovery Fee” of 1.433%. Pennsylvania residents will pay a “State TRS” of $ 0.08/mo, a State Gross Receipts Tax of 5.0%, and the aforementioned Federal Cost Recovery Fee.

Many Californians will find this monthly fee comprised of everything but the kitchen sink:

• State Universal Service Fund (USF) 1.15%
• State Telecom Relay Service 0.079%
• City Utility User’s Tax, up to a maximum of 11.00%
• County Utility User’s Tax, up to a maximum of 5.50%
• State PUC recovery fee 0.18%
• State Hearing Impaired Fund 0.20%
• High Cost Fund – A 0.40%
• High Cost Fund – B 0.30%
• CA Advanced Services Fund 0.14%
• Federal Cost Recovery Fee 1.433%

Regardless of the amounts involved, Comcast is under no obligation to separately bill you these charges. More importantly, because there is no corresponding decrease in the monthly price of their telephone service as these new fees are added, Quick Fingers Comcast has just managed a bit of “rate increase-sleight-of-hand.”

Betcha missed it.  We didn’t.

Northern District Mississippi Public Service Commissioner Brandon Presley is unhappy with a new state law that will strip oversight over AT&T. Presley plans to personally file suit in Hinds County Circuit Court against the law, calling it unconstitutional.

“It violates the state constitution,” Presley said of the bill during an interview with the Daily Journal. “There’s no doubt AT&T is the biggest in the state, and this bill will allow them to raise rates without any oversight at all.”

House Bill 825 strips away rate regulation of Mississippi landline service and removes the oversight powers the PSC formerly had to request financial data and statistics dealing with service outages and consumer complaints. The law also permits AT&T to abandon rural Mississippi landline customers at will.

The bill’s author, Rep. Charles Jim Beckett (R-Bruce), told the newspaper he doubts the truth of Presley’s predictions that AT&T will raise landline rates in Mississippi and eventually abandon unprofitable rural sections of the state.

Unfortunately for Beckett, AT&T has a track record of raising rates on basic phone service about a year after winning deregulation in other midwestern and southern states. Beckett’s optimism about AT&T’s benevolence may be slightly colored by $2,500 in campaign contributions he received from the phone company and his extensive involvement with AT&T’s legislative agenda through participation in the American Legislative Exchange Council (ALEC), a group with direct ties to AT&T:

Presley

It seems that Russell and AT&T picked up the food tab for Rep. Jim Beckett and his wife at the ALEC meeting in at the Westin Kierland Resort in Scottsdale, Ariz. from November 30 to December 2, 2011.  AT&T also paid for a few rounds of golf for Rep. Beckett while there.  All said and done, AT&T paid $565.39 to cover expenses for Rep. Beckett and his wife on their three day trip to Scottsdale.

But that’s not all.  AT&T also picked up the tab for $151.70 worth of food and tickets while Rep. Beckett and his wife were at the Spring ALEC meeting in Cincinnati, OH in late April of 2011. AT&T also paid $22.62 for food for Rep. Beckett and his wife while he attended the 2011 Summer ALEC meeting in New Orleans.

The total amount AT&T gave to Rep. Jim Beckett and his wife in 2011 through Randy Russell?  $876.85.  The names of the Becketts appear a total of 36 times in AT&T’s 2011 lobbying report, most of it while the Becketts are at ALEC retreats.

Beckett

Presley has also launched a populist campaign against AT&T, last week telling a fired-up crowd at the Jacinto Festival he will fight AT&T’s bought and paid for law that lets them “raise your rates to whatever they want to.”

Crowds cheered support for Presley as he detailed how AT&T has bought influence with Mississippi state legislators, “just because they pass around money or fly you on jets or buy those big ribeyes.”

Presley has a past history of chasing after utility companies that hire expensive lobbyists and hand out extravagant gifts including golf outings, trips, and even opera tickets to legislators willing to vote their way.

He claims it has gotten so bad, corporate deep-pockets are now shutting out the voices of citizens.

“We have a coin-operated government,” Presley said. “That’s wrong.”

AT&T denied it was billing the DeFazio family. (KCBS)

A Sacramento family that continued to receive bills from AT&T more than a half-year after closing their account got an interesting response when they questioned the charges: AT&T denied they were billing the family at all.

Naomi DeFazio cancelled her service with AT&T in November, but nobody told AT&T’s billing department who continued to faithfully bill her $4.84 a month for long distance service the family stopped using. The family wants the charges stopped, but that proved more difficult than they first imagined when AT&T claimed they were not, in fact, billing her at all.

That was news to DeFazio, who showed a growing pile of AT&T phone bills to a local consumer reporter.

“I think they’re just expecting me to pay it just to get them off my back,” DeFazio told KCBS. “Nobody wants to take responsibility for looking into this.”

KCBS:

AT&T, a communications company, eventually admitted it had a communication problem.

“We inadvertently billed a monthly minimum charge and the taxes and surcharges which should not have applied,” said company spokesman John Britton. “We have corrected it.”

AT&T apologized, wiping out her balance.

“It would have been a lot nicer to have an explanation a lot earlier in this process,” DeFazio said.

If you are getting the runaround from AT&T, call 1-800-791-6661 to reach AT&T’s Office of the President. Those executive level customer service representatives are empowered to get things done for customers that lower level representatives cannot.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCBS San Francisco ATT Bills Customers for Canceled Service 7-9-12.mp4[/flv]

KCBS shows AT&T’s phone bills to viewers that the phone company denied ever existed. It took a consumer reporter to finally get AT&T to stop billing a Sacramento woman for long distance service she canceled more than a half-year ago.  (2 minutes)