If you are a current AT&T DSL customer, there is no reason you should be paying regular prices for their usage-capped broadband.  With the implementation of their 150GB usage cap on DSL (250GB on U-verse), now is a good time to call AT&T and tell them you are upset they reduced the value of your account with a usage limit.  But hint you may be persuaded to stay if you can sign up for the same deal some of your friends are getting.

At present, those deals include:

1. One year of AT&T DSL Elite service (typically 6Mbps) for $19.95-24.95 a month (this is the easiest deal to get and renew, even if you already took advantage of it — start by asking for the lowest price, but be willing to agree to the higher price if they won’t grant your first request — the price varies in different regions.)
2. One year of AT&T DSL Pro service (typically 3Mbps) for $14.95 a month;
3. One year of AT&T U-verse 12Mbps broadband for $25 a month.

These promotions should work for “naked DSL” (broadband service only) and for current customers who already subscribe to AT&T service.

You can get these offers by calling AT&T Retentions Department directly at:

• Midwest: 1-866-918-8377
• Southwest: 1-888-387-6270
• California: 1-877-377-0415
• Connecticut: 1-877-235-2293

If your promotion is about to expire, call and ask them to extend it.  They usually will.

Burlington Telecom offices in Burlington, Vt.

Citibank has sued the city of Burlington, Vt., and the city’s legal firm demanding municipal-provider Burlington Telecom hand back their fiber-to-the-home network and pay damages in excess of $33.5 million dollars.

Citicapital, which owns the equipment that operates Burlington’s community network, says Burlington Telecom has defaulted on their lease payments, and has demanded the city “de-install and return” the fiber network — everything from set-top boxes and in-home wiring to ripping fiber cables directly out of underground vaults and off telephone poles.  Citi also wants BT’s vehicle fleet turned over to them.

Burlington Telecom has been a poster child of poorly-planned and implemented city-owned broadband, and a series of financial and operational scandals led state investigators to consider criminal charges for misappropriating taxpayer funds to sustain the network.  While prosecutors ultimately declined to file charges, the resulting scandal in the mayor’s office has left the city with a network it stopped paying for, and the potential much of it could be auctioned off to the highest bidder, which could turn out to be Comcast or FairPoint Communications.

Citicapital claims the city has not made a direct lease payment since November, 2009.  The bank had been drawing down funds deposited in a special escrow account the city was required to open as part of the lease-to-purchase transaction.  That account has also run dry, and the bank claims it has received no payments since May of 2010.

Citibank’s attorneys filed suit:

“BT continues to use Citibank’s equipment and vehicles unlawfully and without its permission and continues to depreciate the value of Citibank’s assets in order to generate revenue for itself,” the bank’s attorneys charged.

Citibank wants a judge to award punitive damages in excess of its remaining loan balance “because Burlington’s intentional breach of the agreement amounts to a reckless or wanton disregard of Citibank’s clear contractual rights.”

“It’s ironic that a bank that received a taxpayer-financed multi-hundred-billion-dollar bailout now wants taxpayers in Burlington to pay them excessive damages,” shares Stop the Cap! reader and Burlington resident Joe, who shared the story with us.  “I think we should be calling it even after three years of big bank bailouts.”

The lawsuit has city residents worried because attorney fees, and any resulting damages or settlement agreement with the bank, will likely run well into the millions of dollars.  Every month the city remains in arrears, Citibank’s agreement calls for at least $235,000 in missed payment fees and interest.  Taxpayers will likely cover most, if not all of that amount.

“I don’t think anybody should be surprised,” City Councilor Paul Decelles, R-Ward 7 told the Burlington Free-Press. “I always believed this day was going to come. Now we have enormous mess on our hands.”

Citibank wants their fiber back.

Christopher Mitchell from Community Broadband Networks notes Burlington Telecom was an aberration in a country with many successful community-owned broadband networks.

“We have watched in dismay as Burlington Telecom transitioned over the past four years from a model community network to the worst case scenario,” Mitchell wrote on the group’s blog. “This situation proves only that community networks can suffer from bad management in some of the many ways private telecom companies can suffer from bad management (resulting in anything from bankruptcy to prison).”

“Communities can learn lessons from Burlington’s situation — chief among them that transparency is important,” Mitchell observed. “As with other public enterprise funds, the operation should be regularly audited and oversight must be in place to catch errors early, when corrections are easier and less costly.”

Among Burlington Telecom’s problems included overpriced, uncompetitive broadband service that never took full advantage of fiber’s speed and versatility.  Earlier news accounts included speculation BT had trouble securing sufficient connectivity with a backbone provider to sustain faster speeds, but it left the company at a competitive disadvantage against incumbent cable operator Comcast.  Burlington Telecom also failed repeatedly to build community support to establish a firewall against frequent political shots fired at the network as it became a partisan hot potato.

The city promises a “vigorous defense” against the lawsuit, and observers suspect a judge will not order the city to shut the network down, because it would cease the only revenue stream the company generates that could be used to pay a negotiated settlement with the bank.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WCAX Burlington Citibank Sues BT 9-20-11.mp4[/flv]

WCAX in Burlington explores how much of a case Citibank has in its lawsuit against the city and its attorneys over Burlington Telecom.  (4 minutes)

A Tampa woman claims that a cable installer who engaged in alleged inappropriate sexual conduct has left her traumatized for life, and she may end up moving to cope with the bad memories that she cannot escape.

Katelyn Breadmore broke her silence Tuesday in an exclusive interview with WWSB-TV in Sarasota-Bradenton, Fla.

Breadmore told the station she has trouble sleeping at night and dreams that the installer is hiding in her closet.

Since Stop the Cap! originally reported this story, new facts have come to light:

Comcast has released a statement indicating the accused installer, Shane Wheatley, is not a Comcast employee.  He is a contractor working for FTS Communications, a third party company hired by Comcast to handle installations and other customer service work.

“We are appalled by the alleged behavior of Mr. Wheatley and can confirm that he is no longer working on any Comcast accounts. Comcast is prepared to cooperate fully with authorities in their investigation if asked,” said Bill Ferry, Regional Vice President of Government Affairs, Comcast Cable.

The Sarasota County’s Sheriff Office also reported Wheatley was charged after a lengthy investigation which included at least one failed lie detector test — a test Wheatley demanded.

A trial date for Wheatley has not yet been announced.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WWSB Tampa Victim speaks about cable man’s lewd behavior 9-20-11.mp4[/flv]

WWSB aired this exclusive interview with a Tampa-area woman who says a contractor working for Comcast left her traumatized for life.  (3 minutes)

A similar group in Baltimore placed bus advertising complaining about the lack of FiOS in that city in 2010.

A Buffalo group backed by the Communications Workers of America is demanding a federal and state investigation into whether Verizon is intentionally bypassing urban, ethnic, and economically-challenged neighborhoods for its fiber-to-the-home service, FiOS.

The Don’t Bypass Buffalo Coalition has stepped up the pressure on Verizon with a new billboard campaign that accuses the company of exacerbating the digital divide in western New York.

“The Verizon FiOS deployment in Buffalo is a corporate redlining scheme undermining the City of Buffalo with intentional discriminate design,” said Coalition member Jim Anderson.

Verizon suspended FiOS deployment during the height of the economic downturn, leaving some cities with a patchwork of FiOS service in some locations, traditional copper phone wiring in others.  In Buffalo, suburban areas that quickly approved the FiOS network with few franchise pre-conditions were among the first to get the fiber network.  Other suburbs, and the city of Buffalo itself, were effectively bypassed when franchise agreements and negotiations were left uncompleted at the time Verizon suspended further expansion.

The Coalition released a letter signed by two dozen local officials and community leaders that suggests Verizon may be up to something more sinister, suggesting possible racial and economic discrimination by the company over its choice of areas to deploy the service.

Coalition members note that in the 10 suburbs where Verizon offers FiOS, the proportion of African American residents in those areas is more than 13 times lower than it is in the city of Buffalo, and the Hispanic population is nearly four times lower. Even more telling, the Coalition writes, is that the network infrastructure is already in place to deploy FiOS within Buffalo city limits.

The Coalition is among the most vocal among local pressure groups Verizon has faced since its decision to suspend further FiOS expansion.  Other cities, especially Baltimore, have their own coalitions to complain about Verizon’s apparent lack of interest in restarting fiber projects.

Verizon rejects most of the charges the Buffalo-based Coalition has made.

“As Verizon has told the Coalition and local officials countless times, our focus these days is meeting the buildout commitments in the 182 municipalities across the state where we currently have TV franchises,” a Verizon spokesman said in a statement. “The allegation of discrimination with respect to FiOS deployment is just plain wrong…period. The coalition simply needs to look at other FiOS deployment areas in New York and other states to see those allegations are off base.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Is Verizon Redlining Baltimore City 3-16-10.flv[/flv]

In March, 2010 Progressive Maryland held a public rally protesting the lack of Verizon FiOS in Baltimore.  (8 minutes)

A lawsuit accusing Verizon of defrauding creditors of Idearc, Inc., Verizon’s telephone directory publisher can proceed to trial, a judge ruled Monday.

U.S. District Judge A. Joe Fish in Dallas denied a request by Verizon’s attorneys to dismiss the suit, which claims Verizon sought to “hinder, delay, or defraud” creditors of its former directory publishing business, spun-off in 2006.

“These detailed and particularized allegations show that Verizon had a motive and opportunity to commit the alleged actual fraudulent transfers, and they permit the court to draw a reasonable inference of Verizon’s intent,” Fish ruled.

Creditors are upset that Verizon may have breached its fiduciary responsibility when it sold off Idearc, keeping nearly $9.5 billion in assets for itself while ultimately leaving the newly-independent publisher insolvent.

Verizon used a legal maneuver called a Reverse Morris Trust that left Idearc with enormous debt, but a tax-free sale for the phone company.  A federal class action lawsuit called that “a massive, Enron-style debt off-loading spin transaction” and accused the company of fraud.

The track record for Verizon’s spinoffs have not been good.  Three of them resulted in quick bankruptcy for Hawaiian Telcom, Idearc, and FairPoint Communications.  The last — a spinoff of landlines to Frontier Communications, has left Frontier with substantial debt.

Idearc filed for bankruptcy in 2009.  In renamed itself SuperMedia in 2010 after exiting bankruptcy proceedings and still does business from its headquarters in Dallas.