Kent Carper says magicJack has been stiffing Kanawha County for 911 fees the Florida-based phone company has refused to collect from its customers in West Virginia.

Carper, who serves as president of the County Commission, is taking his case to the West Virginia Public Service Commission (PSC) with the hope they’ll order the West Palm Beach-based YMax Communications, which owns the service, to start paying up.

“There’s nothing ‘magic’ about magicJack,” Carper told the Charleston Gazette. “It erodes the ability of the 911 center to pay for the services it’s being mandated to provide. MagicJack is not paying a penny, and their position is they don’t have to.”

Kanawha County currently collects a surcharge of $3.34 a month from landline and “digital phone” customers, $3 a month from those with cell phones.  If the county wins its dispute, the costs for 911 service will far outweigh the $19.95 a year magicJack charges for its own service.

Even Carper admits, “They’re practically giving away telephone service.”

It’s a high stakes battle for magicJack, because if it loses, other counties will surely follow with demands for 911 surcharges of their own.  magicJack officials argue they cannot collect the fees Kanawha County wants because of the way the product is marketed — typically through annual subscriptions.

magicJack’s lawyers also argue the company is not selling a true “voice-over-IP” (VoIP) service, comparable to Vonage, cable’s “digital phone” products, or other similar services.

The Federal Communications Commission partly defines VoIP as a single service for making and receiving phone calls over the public telephone network.  That’s a distinction that allows most Skype customers to avoid getting hit with fees and surcharges — Skype has a business firewall between their incoming and outgoing services. SkypeOut, which allows callers to connect with non-Skype customers, is a subscription service and does not support 911 calls.  SkypeIn service requires most users to dial from their computer, not a traditional phone line, unless a customer optionally rents a phone number from Skype.

The inventor of magicJack, Dan Borislow, said in legal filings with the PSC that customers are only buying a license for the device and the accompanying software — making and receiving calls are handled by two different services that customers get for free as part of the annual license:

The magicJack is a portable device that can be used by a customer anywhere in the world by plugging the device into a computer USB port, provided the computer has a broadband connection.

Upon purchasing a magicJack device, a customer receives a one year license, with the option to renew for an additional year or years, of software commonly known as a “softphone”. The software allows the magicJack device to operate.

The softphone operating software license gives the customer the option to subscribe to magicIn, which is a service offered by YMax. MagicIn permits a customer to obtain a phone number and to receive phone calls via his or her magicJack device.

The softphone license also permits a customer to subscriber to a service offered by magicJack known as magicOut. Subscription to the magicOut service allows a customer to make outgoing calls to the United States, Canada, Puerto Rico and the Virgin Islands through his or her magicJack device.

A magicJack purchaser who subscribes to magicOut or magicIn is not charged for either subscription, and the purchaser is also not billed for incoming or outgoing calls made or received through the magicJack device.

Kenawha County is West Virginia's most populous, home to Charleston, the state capital.

Billy Jack Gregg, the PSC’s former consumer advocate who was hired as a consultant by the Kanawha County Commission, thinks that’s nonsense. Gregg suspects magicJack is trying to avoid being designated as a VoIP provider because of mandated fees and surcharges that could come along for the ride.  Gregg testified few, if any magicJack customers are aware of “magicIn” or “magicOut,” and they don’t have the option of choosing one or the other anyway.

Gregg left Wal-Mart employees scratching their heads when he proved his point trying to only purchase the magicOut outgoing call service.  They had no idea what he was talking about.

Presumably, neither does the PSC which has rejected repeated attempts from magicJack and YMax to dismiss the case using those arguments.  Hearings are scheduled for March 1-2.

Carper says he has nothing personal against magicJack — he just wants the company to realize its refusal to collect and pay 911 fees affects the county emergency operations center’s ability to serve the public.

“Simply put, the failure of any provider to collect and remit fees impacts public safety and the ability of Metro 911 to serve the citizens of Kanawha County,” he said. “It erodes our ability to afford these emergency services.”

Some outside observers have zeroed in on a related matter — the very steep $3+ monthly 911 fees demanded by the county, West Virginia’s most populous and home to the state capital, Charleston.

Most 911 surcharges in the United States range between $0.35-0.50, with some larger cities across the country charging one dollar.  Some state laws prohibit fees in excess of $2 per month.

In earlier filings, magicJack’s lawyers appeared amenable to negotiating smaller payments, but not the $3+ county officials are demanding.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/Boston Globe MagicJack Review.flv[/flv]

The Boston Globe’s video review of magicJack was more charitable than the accompanying write-up, which called its marketing “gaudy,” “sleazy,” and “crude.”  Author Hiawatha Bray also didn’t think that highly about the quality of the service he received, saying the product doesn’t inspire confidence and is not suitable as a home phone replacement.  Still, for long distance calls, a second line, or for travelers, magicJack can save you money.  (2 minutes)

WSYR-TV in Syracuse

One television station in central New York has helped provoke Time Warner Cable into fixing flaws with its Digital Phone service and how it handles emergency calls to 911.

WSYR-TV in Syracuse shined a spotlight on several failures by the cable company to properly route 911 calls to the appropriate local agencies, instead diverting some 911 calls to a call center in Colorado.

The cable company also had problems with the accuracy of its customer database, which could leave emergency responders with incomplete or missing address information.

After several New York State county 911 managers brought the matter to the attention of the station, it ran a series of reports that have gotten results.

The cable company told the station it has made significant progress in resolving 911 problems, and several of the county 911 managers the station spoke with tentatively agree — noting they’ve seen improvements from the cable operator.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSYR Syracuse Time Warner Solving 911 Problems 1-10-11.flv[/flv]

WSYR-TV aired two follow-up reports on the Digital Phone-911 problems.  (Warning: Loud Volume) (4 minutes)

Seconds count. If your house was on fire, would you wait a minute or more for Time Warner to handle your 911 call?

Time Warner Cable’s digital phone service may be risking lives of the customers who use it to call 911 for emergency services.

That statement from Madison County, N.Y. 911 Director Paul Hartnett comes after the cable company bungled the handling of an emergency call reporting a house fire in the town of Clayton, Jefferson County, causing delays for emergency responders.

Even worse, the problems could be wider in scope, potentially putting many Time Warner Cable phone customers at risk of a delayed 911 response when seconds count.

At issue is an ongoing upgrade of the cable company’s E-911 database, begun after Time Warner dropped Sprint as their 911 vendor in favor of Intrado.  As the slow upgrade continues, customers dialing 911 could end up having their calls routed to a national 911 call center Intrado runs in Colorado.  The process often takes several minutes from the time the caller dials 911, someone in Colorado answers, and the call is eventually transferred back to the originating county, at which point the caller has to repeat information to a local 911 operator they could not reach directly.

Jefferson County’s 911 Director John Pumber told WSYR-TV news they first noticed the problems about a week ago. “I can see this thing escalating extremely fast, in talking to other cohorts around the state, some of the other centers, it’s becoming more and more of a problem,” he said.

Monday, a 911 call reporting a house fire in the Jefferson County town of Clayton was re-routed to the call center in Colorado. The call was eventually forwarded back to Jefferson County’s 911 center, 44 seconds later. By the time the nature of the emergency was given to the local operator, the house was fully involved in fire.

“If your house is on fire, and especially this individual was calling from his house, so we are leaving him in harms way to get the information and get him help [for] whatever the amount of time it took to get through the call center in Colorado and then through our procedures here,” said Plumber.

“Whether it’s medical, fire, law enforcement related – seconds do make a difference,” said Hartnett. “They’re putting public safety in jeopardy because they’re delaying calls. We’ve had medical calls, and other calls. We’ve dodged a bullet so far.”

This call, recorded by Madison County 911 last week, illustrates the problem:

911: Police communication?

Intrado: I’m calling from Intrado, a call center for Time Warner Cable, I have a subscriber on the line that dialed 911. They’re trying to get through to you, they have a medical emergency.

911: Okay, what’s the address madam?

Intrado: They need an ambulance at 4289 Canal Street.

911: Could I speak with them, or?

Intrado: You sure can, it’s going to be a female with difficulty breathing. Do you want their call back or mine?

911: If I’m going to talk to her, I’ll get it from her.

Intrado: You’re going to talk to her husband, his name is John. John your dispatcher is on the line.

911: Hi Sir, how are you?

Caller: Not good, you need to get a f***ing ambulance here right now!

Time Warner Cable Regional Communications Manager Stephanie Salanger released a statement last week addressing the issue:

“TWC has deployed a state-of-the-art E-911 system that offers several key advantages over more traditional systems, including real-time address validation. Our solution complies fully with FCC rules and industry standards, and it also is based on the same technology the federal government is considering mandating for “Next Generation 911″ services, so we will be well-positioned to comply with any new rules as soon as new standards are implemented.

In the very rare cases where errors in routing 911 calls or when errors in the 911 address database occur-which happens from time to time under any 911 system-calls are routed to the Emergency Call Relay Center managed by TWC’s E911 partner in Colorado, rather than to the default or incorrect 911 answering location. This call center allows TWC to determine the customer’s location and route the call to the appropriate emergency answering center. This has happened only in a extremely small number of cases since TWC began transitioning to its new 911 system. TWC has been continually working with local 911 authorities to ensure they understand the details of TWC’s 911 system and will continue to do so.

TWC has always been and remains committed to providing the highest quality E-911 services for its customers. We will continue to work with local E-911 officials and agencies to ensure they are aware of, understand and are satisfied with TWC’s E-911 system and all of its functionalities.”

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSYR Syracuse TWC phone glitch delays emergency responses 1-4-11.flv[/flv]

WSYR-TV in Syracuse ran two reports over two nights documenting more than 40 recent incidents where Time Warner Cable dropped the ball in properly managing 911 calls from their customers.  Warning: Loud Audio! (8 minutes)

AT&T may have put the safety of its Salt Lake City customers at risk by diverting cell phone 911 calls intended for local authorities to a 911 call center in Seattle, Washington hundreds of miles away.

Starting last Thursday, AT&T customers who tried to report an emergency by dialing 911 ended up speaking with confused operators in Seattle who couldn’t understand why customers were calling them about problems several states away.  Company officials took until the following day to fix the problem, and it took calls from a local television station to alert local officials and the company that a serious problem existed with the area’s 911 system.

Although the problem has now been fixed, company officials have not released an explanation about what caused the glitch.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KSL Salt Lake City ATT mysteriously directing Salt Lake 911 calls to Seattle 3-25-10.flv[/flv]

KSL-TV broke the story about the 911 diversion, interviewing one customer whose local Salt Lake City cell phone mysteriously reported his caller ID as in Seattle, Washington.  Part two of this report is from the following day, after service was restored. (4 minutes)