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Time Warner Cable’s 10 Hour Internet/Phone Outage in Rochester, N.Y. – Get Your Service Credits!

Phillip Dampier October 7, 2010 Consumer News, Editorial & Site News 5 Comments

Time Warner Cable's offices on Mt. Hope Avenue in Rochester, N.Y.

Bad marks to Time Warner Cable, who left large areas of metropolitan Rochester, N.Y., with barely/non-functional Internet service and non-working “digital phone” service for 10 hours yesterday.

No explanation for the outage has been given, which resulted in inaccessible websites and traffic bouncing back and forth between equipment in western New York.  “Digital phone” customers were unable to reach… anyone. Customer service lines were jammed as the outage began just after 12 noon.

The disruption extended from Monroe County into both Wayne and Ontario counties, where residents in Newark and Canandaigua also reported service problems.

Time Warner Cable’s automated customer service attendant was the Helen Keller of cable outages:

“I’m not seeing an Internet outage in your area,” came her reply — even after a local employee recorded a message telling callers there were problems with phone and Internet service across the Rochester region.

While some websites still worked, many more were unreachable.  Some customers reported slow, but working service in the early evening.  Full service restoration to the area would not happen until 10pm.

Time Warner Cable’s social media representatives took several complaints from local residents about the extended outage, without reminding them they are qualified to receive service credits for the interruption.

Here at Stop the Cap!, we will remind you, and in fact encourage you to request a full day of credit for the phone and Internet service you did not have from the cable company yesterday.  Of course, we represent your interests and they represent theirs, which is why credits come only to those who ask.

Stop the Cap! Presents Your Easy Service Credit Request Menu

Customers can request one day of credit for both phone and Internet service (assuming you have both services, of course).  Make sure you request -both- credits if you are entitled.

Sample Request You Can Cut and Paste:

I am writing to request one day service credit for the phone and Internet outage that occurred in Rochester yesterday, Wednesday Oct. 6th.  We were without service for most of the day.  Please credit my account.

Methods to Obtain Credit:

  1. Use Time Warner Cable’s Online Chat system, select Billing Inquiry, and type to a customer service representative.
  2. Call (585) 756-5000 or toll free 1-800-756-7956 and speak with a customer service representative.
  3. Use the Online E-Mail form, select Billing Inquiry, and send a message requesting credit.

[Update: 2:47pm ET:  A day’s credit was provided just three hours after submitting the request using the e-mail method, so this was as painless as can be.]

Clear Hates Peer-to-Peer Traffic, So Why Were They Advertising on The Pirate Bay?

Stop the Cap! reader Kevin dropped us a note again this evening to let us know Clear users are still being throttled even without running peer-to-peer software, and that those throttled experiences run into days, not the 15-minute increments a company official claimed yesterday.  Perhaps Clear’s definition of “minutes” differs from the acceptable norm.  Regardless of the reason, it’s an unpleasant experience at best to pay a generous fee every month for service that effectively tops out at 250kbps (that’s 0.250Mbps) when the punishment throttle is active.

But even more ironic, Clear’s annoyance with a purported flood of customers running peer-to-peer applications on their network could have been tempered had the company avoided advertising the service in 2009 on the very notorious Pirate Bay:

Ahoy mateys: Clear's 2009 advertisement on The Pirate Bay, as captured by one of our readers. (click to enlarge)

Although we enjoy the irony ourselves, it is fair to mention Clear probably didn’t intentionally target the world’s largest torrent tracker website, but was instead mass advertising on a range of websites targeting users thought to be “early adopters.”  But every advertising network we’re aware of allows advertisers to opt-out of specific websites, and Clear hadn’t bothered when our reader captured this image.

That makes Clear’s apparent battle with peer to peer traffic partly one of their own making.

AT&T: We Love the Internet Our Way — Hold the Non-Preferred Traffic, Please

Back in the 1980s, a group of ragtag rural home satellite dishowners with 10 foot dishes took on the cable television industry for forcing viewers to purchase a set top decoder unit ($395) and paying programming prices higher than what cable viewers paid.  It was all part of an effort by the cable industry, which had an ownership interest in most cable networks back then, to discourage consumers from purchasing satellite dishes to escape ever-increasing cable rates.

Back then, these consumers ran into the same kind of Congress we endure today — quick to listen to industry representatives bearing campaign contributions and slow to respond to the needs and interests of their constituents who elected them.  Indeed, in one infamous example, a call placed to then-New York Senator Al D’Amato resulted in a staff member asking “what company are you with?”

Despite the power and influence of corporate interests protecting their turf, earning enormous profits along the way, many satellite dishowners stayed in the fight, and as cable rate increases continued, major reforms were finally enacted in the 1992 Cable Act which made small satellite dish services like DISH and DirecTV possible.

The struggle for Net Neutrality reminds me of that fight, and the fact it would take time to overcome the special interests and obtain important reforms.  Here at Stop the Cap!, we’ve won more battles than we’ve lost thanks to a small army of consumers who despise Internet Overcharging schemes and are tired of paying outrageous high prices for broadband and other telecommunications services.  Giving up the fight is not an option.

As the 111th Congress draws to a close, efforts to enact Net Neutrality through legislation this year have come to naught.

We were also disappointed by Julius Genachowski, the chairman of the Federal Communications Commission.  Despite his promising start at the agency, after more than a year watching his performance he has proven to be far better at making speeches than actually implementing policy.  His indecision and dawdling has resulted in a failure to deliver on his promise to reclassify broadband as — what it is — a telecommunications service.  That leaves standing a federal court decision that swept away the Commission’s authority to oversee broadband and stop abusive behavior.  For providers, that’s a dream come true.  Just consider this week’s story that Clear is throttling their customers despite marketing claims they would never do such a thing.

But not to worry, America.  AT&T is “committed to an open Internet,” proclaims the company in a new, feel-good advertisement.  AT&T’s public policy ad claims the company stands with the Obama Administration on delivering universal access to broadband by 2020.

“The future,” the ad claims, “has always been our business.”

The notion is just so warm and fuzzy, it makes me want to adopt puppies and kittens.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Public Policy Commercial.flv[/flv]

AT&T’s newest ad promotes the company’s public policy agenda, which opposes Net Neutrality while still claiming to respect its core principles.  (1 minute)

Of course, AT&T is not so warm and friendly in Washington.  This is the company that dwarfs all other Big Telecoms in spending its customers’ money on hardcore lobbying blitzkriegs on Capitol Hill, drowning Washington in cash and fooling consumers with fake front groups pretending to represent their interests.

Suz, a third-year graduate student at Georgetown University’s Communication, Culture and Technology (CCT) program, noticed some of our earlier coverage on the topic of AT&T and wrote this is a company with a history:

The ad really struck me because of its message and because of the medium. In another class I’m currently taking – The Development of Electronic Media – we just came to the chapter on the development of the telephone and the major influence that AT&T held over that field for the majority of the 20th century. In part because of government regulations supporting the idea of “universal service” and in part because of the desire to connect rural areas with urban areas on the same line of service, the federal powers – though they put a little pressure on after AT&T acquired Western Union with the threat of anti-trust lawsuit – eventually support AT&T’s decompetitive nature by insisting on a compatible network and blocking “duplicative” services, giving AT&T the far-and-away lead in the market.

“The future has always been our business – AT&T.”

Now, there was a lot of history between this “golden age” of monopoly for AT&T and its eventual position today. But what I find striking is the similar-sounding stance to then-CEO Vail’s mission statement of universal service. Their motive may not have been as altruistic as the motto was (one way to attain universal service is to place it in the hands of one provider), but it eventually convinced the government that its powers could be used for good, even at the expense of a competitive (and innovative) marketplace.

Welcome to AT&T v2.0.

AT&T’s dominance in landlines is now at an end, but its influence over the telecommunications medium of the 21st century — the Internet, is just beginning.

The timing could not be more ironic, either.  While AT&T supports the goal for universal broadband service, it is fiercely lobbying to abandon a promise it made a generation earlier to deliver universal landline telephone service.  For that earlier commitment to wire every home, it was granted monopoly status for much of the 20th century.

AT&T has promised to be benevolent if it can remain a completely unregulated mega-player in the broadband industry.  It won’t openly censor opposing viewpoints, but it reserves the right to slow them down to make room for its preferred content partners.  AT&T won’t control what you see or do online, but it does want the right to limit how much of the seeing and doing you can do without overlimit usage fees kicking in.  But no worries, America — AT&T promises full disclosure, so at least you will know you’ve been network managed and overcharged for service.

Jeffrey Burnbaum — writing for the Washington Postnotes AT&T was the gold standard of high powered lobbying and little has changed today:

In the 1980s, AT&T was known for having one of the largest and most skilled corporate offices in Washington. Its representatives were everywhere and well-regarded on Capitol Hill. I remember one encounter between a tall AT&T lobbyist and an elegant McLean matron at a congressional cocktail party. The woman pecked the lobbyist on the cheek and then teased him: “I see you’re wearing your sincere blue suit.” He laughed knowingly — as did the lawmakers standing nearby and with whom he held much sway.

But personal respect wasn’t enough to hold back the tide, either. The telecommunications act of 1996 demonstrated the growing clout of the Baby Bells and AT&T made one last stab at restoring its prowess. In 1998 it hired a former White House deputy chief of staff, James W. Cicconi, to reorganize its Washington presence.

The former aide to George H. W. Bush put together what stands to this day as the model of a contemporary lobbying campaign. Under his guidance, AT&T dispensed tons of campaign cash, formed coalitions with sympathetic-sounding organizations, hired some of the biggest names in downtown Washington as lobbyists and spent millions of dollars on television advertising.

Net Neutrality advocates believe broadband reform is essential in the marketplace duopoly that exists today for most Americans.  With limited options, providers must do more than commit to an open Internet — they must be compelled to deliver it.  The industry’s scare tactics of slowed investment, job losses, and lost innovation are as patently ridiculous — and offensive — as similar claims made by the company over its breakup in the early 1980s.  With the power and influence of lobbying, telecommunications deregulation has allowed them to start putting the pieces back together again.  They are richer and more powerful than ever.

But can they be overcome?  Considering the cable industry deeply underestimated the impact of a consumer outcry over the industry’s abusive practices in the 1980s and early 1990s, the answer remains yes.  Just like the speeds of AT&T’s DSL service, it is just going to take awhile.

Clear Admits Throttling Subscribers Despite Marketing Claims; Customers Revolt Over Bait & Switch Service

Clear made itself unclear about its speed throttle.

Clear, the 4G wireless broadband service backed by Sprint, Comcast, and Time Warner Cable is under fire for selling customers an unlimited use/”no speed limit” service plan that is heavily throttled to as low as 250kbps once customers are deemed “heavy users” by the provider.

Stop the Cap! reader Kevin in Rochester dropped us a note to share his frustration at Clear’s bait and switch marketing that promises one thing and delivers another.

It’s becoming common knowledge – but not common enough – that Clear is throttling their in-home broadband subscribers. For $30 a month, Clear delivers “unlimited 3Mbps” download speed, but after 8-10GB of usage in a month, they cut your speed to 250kbps as a punishment.

Scores of customers share Kevin’s problems, with complaints pouring in on broadband forums and on Clear’s customer support website (which crashed earlier today).  It is not known whether these usage limitations are also imposed on Comcast and Time Warner Cable’s branded 4G wireless services, which are also delivered by Clear’s network.

Remarkably, Clear’s website has marketed its broadband service as free from classic Internet Overcharging schemes like usage caps and speed throttles/network management:

Clear's own marketing promises unlimited usage with no speed reductions, unlike those "other" providers, which now also includes Clear itself. (Courtesy: Michael46)

Despite the marketing, Clear’s Rob Lenderman today admitted the company implemented a speed throttle system on Wednesday, Sept. 29 and placed the blame for doing so on peer-to-peer torrent traffic:

Last Wednesday we deployed a new automated algorithm that tries to even the playing field for all users. Essentially we tried to take users that were downloading large amounts of data over a week’s period of time and limit their top speeds during periods of high tower utilization. This system is based on a tower’s current utilization, GB’s downloaded in the past 7 days and current download speeds in the past 15 minutes. it recalculates your max D/L speed every 15 minutes based on these factors. All in there are 48 buckets of max D/L speeds based on these factors.

The expected results of these changes was that a small percentage of users would be slowed down for short periods of time but only during high utilization times on the tower.

Theoretically the very slow speeds would only last for 15 minutes and then readjust based on tower usage and the last 15 minutes of slower speeds.

The reality is that a very small percentage of users are being set at very low D/L speeds for hours at a time.

We are gathering more data as I write this and we are looking at adjustments to the policy so that the connection becomes more usable. Expect further details this week.

One thing I want to stress is that this algorithm does not apply to towers that have a low utilization which is a large percentage of the towers. Since high utilization is usually at night most users that are seeing slower speeds at night would see increases at other times of the day. We realize this is not ideal but using the system for large downloads outside normal usage hours(evening) will allow you to get higher speeds. This rule applies even if you are not being slowed. Fewer users = Higher speeds.

Expect more details in the next few days as we drill into the details and let you know what changes we will be making to make the experience better.

In the short term you can increase the speeds of your experience by reducing the number of GB sized downloads that take place. Our data shows that running a torrent is one of the reasons that people start to experience slower speeds.

[…]I use the word limit when talking about D/L speeds. Not in terms of amount of data you can download. I can assure you this is being handled at a very high level in the organization as some of the experiences some of you are having is not in the spirit of the program. As for using a P2P you will improve speeds if you run them at off peak hours. As tower utilization drops during those hours the algorithm will release more bandwidth and the apps will pick up speed. In addition fewer users will also yield an increase since the algorithm does not affect low utilization tower at all. So you get a double benefit from using off peak hours for large downloads.

We are looking at how to set the speed limits to ensure things like web browsing and youtube are useful even though large downloads may be limited in terms of speed during peak hours.

We are meeting every day to go over new data and determine a longer term solution instead of just throwing new solutions out there without putting some thought into them.

We apologize for this but we need to get it right and not just change for the sake of change.

RobL

Of course, customers promised repeatedly they would receive lightning-fast, unlimited wireless broadband from the company were unimpressed with the company’s argument that artificially slowing their speeds after as little as 20 minutes viewing Hulu or Netflix to 250kbps for several days qualified as ensuring the subscriber experience.  Many customers report Clear’s throttling is hardly limited only to peer to peer torrent traffic.  Online video streaming, in particular, routinely triggers the speed throttle for customers, something Lenderman admitted might be an issue:

We are looking at the impact of the new policy as we speak and will be reevaluating it shortly to determine what changes might need to be made.

The algorithm we use is complicated and is not intended to shut down users that use the service in a normal manner. It was intended to slow down usage from users that have bit torrents, etc running all day long.

For some of the customers that have complained we have researched it in detail and they were not being slowed by the algorithm. We have to make sure that everything is running properly as it makes no sense for us to limit users so much that the service becomes unusable.

We should have more info on what we plan to change in the next few days as we evaluate the data.

Clear becomes just the latest provider poster child for Net Neutrality in the United States.  While there may be reasonable capacity issues at stake on wireless networks not designed to accommodate 24/7 peer to peer traffic, throttling online video is another matter entirely — it’s one of the services Clear has promoted as possible using their higher speed network.  Artificially slowing a network the company sells as not being hampered by such traffic control measures is a classic case of false advertising.

One vocal Clear customer created this avatar

Customers have noticed and have attacked the company for dishonest business practices, bait and switch marketing, and violating their own internal policies.

Stop the Cap! has not seen any reports of company officials attempting to enforce early termination fees for those exiting contracts early.  Kevin noted his service was turned off as he was on the phone with a representative to process the disconnect request.  The representative also demanded Kevin return his modem.

Most who are dropping service are resuming service with their old providers, mostly cable broadband and telephone company DSL providers.  If online forum posts and Twitter tweets are to be believed, the company is losing hundreds of customers per day over their Internet Overcharging scheme.

Most likely, Clear has turned to vendors like Sandvine for “usage management” equipment that can automatically slow service for those who actually utilize the service they pay to receive.

“It is no longer about the broadband-connected home but about the broadband-connected individual,” said Tom Donnelly, EVP marketing and sales, Sandvine. “Service providers worldwide are looking for tools that enable their subscribers to stay within their service plans regardless of when, where or how they connect to the network.”

Sandvine’s products detect network conditions that trigger policies within the network to help service providers control subscribers’ Internet experience.  The latest version integrates with 3G and 4G networks to throttle speeds based on time of use or volume of data transferred.  A provider sets the parameters and the “network management” solution does the rest, automatically.

Stop the Cap! intends to monitor this situation carefully over the coming days to learn what the company intends to do with its network management scheme.  If they continue to use it, we will do our part and file a formal complaint against Clear with New York State Attorney General Andrew Cuomo for false advertising and misleading business practices.

It is only a matter of time before a law firm begins a class action against the company for similar reasons.  Stop the Cap! encourages Clear customers to use the company’s forum to vocally demand an end to all Internet Overcharging schemes or else you will take your business elsewhere.  You should also demand full credit for the days you experience artificially slowed speeds, and please let us know if you are asked to pay any early termination fee for exiting a Clear term contract.

More Frontier Problems: Californians Wait Months on Refunds for Disconnected Landlines

Phillip Dampier October 4, 2010 Consumer News, Frontier, Video 2 Comments

High speed Internet, snail slow refunds

Each time Frontier Communications gets mentioned on Stop the Cap!, we receive e-mail from disgruntled customers arriving to share their horror stories.  Since Frontier has now absorbed Verizon landlines in several states, that e-mail is only increasing.

Because so many messages arrive on different topics, we’ll be trying to share your stories with our readers based on the types of problems experienced.  Today, it’s the issue of refunds.

Stop the Cap! reader Alexia from Elk Grove, California writes:

Phillip, I want my money.  For four months, I have called, written, and called again to ask where my refund check from Frontier is.  We disconnected our service from Frontier back in May and our final bill had a credit of nearly $150 on our two landlines, DSL, and returned equipment.  Why so much?  Because we were quoted a final amount for our account and instead of using their auto-payment service, we mailed them a last check.  They withdrew that amount electronically from our checking account anyway, so we had double payments.

This isn’t just me.  My sister decided to disconnect her phone and will rely on her cell phone from now on, and she’s still waiting for her final credit balance to arrive back as well.

When you call Frontier, assuming you don’t get a busy signal or are left on hold, they seem very sympathetic and promise the refund has been processed and they are sending the check in the mail.  The Pony Express could have gotten the check to us by now.  My sister is waiting for $22 to be returned to her.

When I have canceled credit cards, utilities, and other services and have a credit balance, most of them include a check either in the final statement or in a letter that arrives within the month.  Not Frontier.  One representative claimed they don’t send refunds right away in case they discover additional charges they need to apply to an account.  What charges?  Are they hoping to find some?  We have not made a long distance call on our landline in years since getting a cell phone and I cannot imagine what other charges they are talking about.

What is the story here?

The check is in the mail

Stop the Cap! reader Jeff in Elko, Nevada had a similar problem:

My job transferred me to Reno in July and we canceled our service with Frontier and are still waiting for our last bill refund because we had a credit balance.  It was only around $8, but that was after I had to argue with them about a cancellation fee they tried to charge me and a fee for the DSL modem we returned to them.  They credited our account for both after talking to a supervisor but now it is a waiting game for the final refund check to arrive.  Every other company we canceled service with, right down to the propane people handled our final bill correctly.  Not Frontier.

Since moving to Reno, we signed up for AT&T service which turned out to be way better than the DSL we had with Frontier that went offline nearly every afternoon, so we’re fine saying goodbye to them.  Frontier has been in Elko for awhile now so I can only imagine what the Verizon customers are now dealing with.

In September, Frontier’s “the check is in the mail” excuse caught the attention of a Sacramento TV station’s consumer reporter.

Jeanne Pritchett Melendez of Elk Grove was also waiting for a refund check from Frontier for just over $15.

Back in May, Jeanne paid her Frontier phone bill ahead of time.  And when she canceled her service mid-month, her bill was pro-rated and she was promised her money back.  She called the company… Asking when her check would be sent. And every time, she says she was told, it’s on its way.  But after more than three months…

“I was very frustrated and I said, you know what, if I don’t have a check in the mail by Friday, I’m going to call Kurtis [Ming – CBS13 Consumer Reporter],” says Jeanne.

Melendez got her refund before our readers did, along with an explanation from Frontier about why refunds take months to arrive:

Frontier Communications Statement:

Frontier’s refund process is to refund the final credit balance on disconnected accounts within 2 to 3 bill cycles from the disconnect date to allow time for any additional credits or charges that need to be applied to the account. This process is to ensure that the customer receives an accurate refund check.

The customer’s account reflects that the service was disconnected on May 13, 2010. The May 22nd , June 22nd and July 22nd bills reflected a credit balance in the amount of $15.03. A refund check in the amount of $15.03 was processed on the account on August 9th. The customer will receive the refund check within 10 to 14 business days to the address on record.

The representatives are trained to alert the customer that it can take 2-3 billing cycles which is usually between 30-60 days. However in the case of Ms. Melendez’s account the disconnect notice was so close to the bill date that three bill cycles were required to process the refund.

— Stephanie Beasly, Communications Manager

This isn’t the first time Kurtis Ming has had to approach Frontier Communications about Sacramento area residents’ frustrations with the company.  Back in July, KOVR-TV ran a story about a Frontier customer who was paying a whopping $15 a month for Frontier’s Peace of Mind hard drive backup service he never got because he didn’t realize he had to download software to get the feature installed.  While that was not Frontier’s fault (and the company provided a credit to the customer for the service he never used), charging $15 a month for a service other customers are paying less to receive isn’t exactly fair either.

[flv]http://www.phillipdampier.com/video/KOVR Sacramento Frontier Service Problems 7-7 and 9-17-10.flv[/flv]

KOVR-TV in Sacramento ran two segments on Elk Grove-area customers having problems with Frontier Communications — one waiting for a refund and the other charged for a service he didn’t realize he had.  (4 minutes)

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