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Spring 2016: An Update and Progress Report for Our Members

stcDear Members,

We have had a very busy winter and spring here at Stop the Cap! and we thought it important to update you on our efforts.

You may have noticed a drop in new content online over the last few months, and we’ve had some inquiries about it. The primary reason for this is the additional time and energy being spent to directly connect with legislators and regulators about the issues we are concerned about. Someone recently asked me why we spend a lot of time and energy writing exposés to an audience that almost certainly already agrees with us. If supporters were the only readers here, they would have a point. Stop the Cap! is followed regularly by legislators, regulators, public policy lobbyists, consumer groups, telecom executives, and members of the media. Our content is regularly cited in books, articles, regulatory filings, and in media reports. That is why we spend a lot of time and energy documenting our positions about data caps, usage billing, Net Neutrality, and the state of broadband in the United States and Canada.

A lengthy piece appearing here can easily take more than eight hours (sometimes longer) to put together from research to final publication. We feel it is critical to make sure this information gets into the hands of those that can help make a difference, whether they visit us on the web or not. So we have made an extra effort to inform, educate, and persuade decision-makers and reporters towards our point of view, helping to counter the well-funded propaganda campaigns of Big Telecom companies that regularly distort the issues and defend the indefensible.

Four issues have gotten most of our attention over the last six months:

  1. The Charter/Time Warner Cable/Bright House merger;
  2. Data cap traps and trials (especially those from Comcast, Blue Ridge, Cox, and Suddenlink);
  3. Cablevision/Altice merger;
  4. Frontier’s acquisition of Verizon landlines and that phone company’s upgrade plans for existing customers.

We’ve been successful raising important issues about the scarcity of benefits from telecom company mergers. In short, there are none of significance, unless you happen to be a Wall Street banker, a shareholder, or a company executive. The last thing an already-concentrated marketplace needs is more telecom mergers. We’re also continuing to expose just how nonsensical data caps and usage-based billing is for 21st century broadband providers. Despite claims of “fairness,” data caps are nothing more than cable-TV protectionism and the further exploitation of a broadband duopoly that makes it easy for Wall Street analysts to argue “there is room for broadband rate hikes” in North America. Stop the Cap! will continue to coordinate with other consumer groups to fight this issue, and we’ve successfully convinced at least some at the FCC that the excuses offered for data caps don’t hold water.

Dampier

Dampier

FCC chairman Tom Wheeler’s broadening of Charter’s voluntary three-year moratorium on data caps to a compulsory term as long as seven years sent a clear message to broadband providers that the jig is up — data caps are a direct threat to the emerging online video marketplace that might finally deliver serious competition to the current bloated and overpriced cable television package.

Wheeler’s actions were directly responsible for Comcast’s sudden generosity in more than tripling the usage allowance it has imposed on several markets across the south and midwest. But we won’t be happy until those compulsory data caps are gone for good.

More than 10,000 Comcast customers have already told the FCC in customer complaints that Comcast’s data caps are egregious and unfair. Considering how unresponsive Comcast has been towards its own customers that despise data caps of any kind, Comcast obviously doesn’t care what their customers think. But they care very much about what the FCC thinks about regulatory issues like data caps and set-top box monopolies. How do we know this? Because Comcast’s chief financial officer this week told the audience attending the JPMorgan Technology, Media and Telecom Broker Conference Comcast always pays attention to regulator headwinds.

“I think it’s our job to make sure we pivot and react accordingly and make sure the company thrives whatever the outcome is on some of the regulatory proposals that are out there,” said Comcast’s Mike Cavanagh. We suspect if Chairman Wheeler goes just one step further and calls on ISPs to permanently ditch data caps and usage billing, many would. We will continue to press him to do exactly that.

Stop the Cap! supports municipal and community-owned broadband providers.

Stop the Cap! supports municipal and community-owned broadband providers.

Other companies are also still making bad decisions for their customers. Besides Comcast’s ongoing abusive data cap experiment, Cox’s ongoing data cap trial in Cleveland, Ohio is completely unacceptable and has no justification. The usage allowances provided are also unacceptably stingy. Suddenlink, now owned by Altice, should not even attempt to alienate their customers, particularly as the cable conglomerate seeks new acquisition opportunities in the United States in the future. We find it telling that Altice feels justified retaining usage caps on customers in smaller communities served by Suddenlink while denying they would even think of doing the same in Cablevision territory in suburban New York City. Both Suddenlink and Cablevision have upgraded their networks to deliver faster speed service. What is Altice’s excuse about why it treats its urban and rural customers so differently? It frankly doesn’t have one. We’ll be working to convince Altice it is time for Suddenlink’s data caps to be retired for good.

We will also be turning more attention back on the issue of community broadband, which continues to be the only competitive alternative to the phone and cable companies most Americans will likely ever see. The dollar-a-holler lobbyists are still writing editorials and articles claiming “government-owned networks” are risky and/or a failure, without bothering to disclose the authors have a direct financial relationship to the phone and cable companies that don’t want the competition. We will be pressing state lawmakers to ditch municipal broadband bans and not to enact any new ones.

We will also continue to watch AT&T and Verizon — two large phone companies that continue to seek opportunities to neglect or ditch their wired services either by decommissioning rural landlines or selling parts of their service areas to companies like Frontier. AT&T specializes in bait-n-switch bills in state legislatures that promise “upgrades” in return for further deregulation and permission to switch off rural service in favor of wireless alternatives. That’s great for AT&T, but a potential life-threatening disaster for rural America.

We continue to abide by our mandate: fighting data caps and consumption billing and promoting better broadband, regardless of what company or community supplies it.

As always, thank you so much for your financial support (the donate button that sustains us entirely is to your right) and for your engagement in the fight against unfair broadband pricing and policies. Broadband is not just a nice thing to have. It is an essential utility just as important as clean water, electricity, natural gas, and telephone service.

Phillip M. Dampier
Founder & President, Stop the Cap!

AT&T Ghostwritten Bill Would Allow End of Rural Landline/DSL Service in California

att californiaIn California, AT&T’s money and influence has the power to bend reality for some members of the California legislature.

This spring, AT&T is lobbying hard for a bill it largely wrote itself that vaguely promises 21st century technology upgrades if the state’s politicians agree to near-total deregulation and permission to scrap landline service and DSL for rural residents.

Assembly Bill 2395, introduced by Assemblyman Evan Low (D-Silicon Valley), allows AT&T to decommission wired service across the state, so long as the company replaces it with any alternative capable of connecting customers to 911. Smoke signals might qualify, but most suspect AT&T’s true agenda is to replace its legacy wireline network with wireless service in areas where it has no interest upgrading its facilities to offer U-verse.

Members of the Assembly’s Utilities & Commerce Committee were easily swayed to believe the company’s claims this will represent a massive upgrade for California telecommunications. At least that is what the company is saying in their lobbying pamphlets. In April, committee chairman Michael Gatto (D-Los Angeles), one of the bill’s strongest advocates, told his fellow committee members it was safe to trust AT&T’s assurances it was not using the bill to kill rural landline telephone service.

“We have a very, very good perspective on history in this committee and you can rest assured that nobody will tear up any copper line infrastructure,” said Gatto, who gradually became less sure of himself as he pondered the impact of AT&T scrapping the one option many rural Californians have to connect to the outside world. “The cost of it, to tear up every street in the United States and take out the copper is not going to happen. At least, I don’t think it’ll happen…. This committee will not let it happen.”

Low

Low

Despite that less-than-rousing endorsement, and the fact the bill’s language would allow AT&T to do exactly that, the bill sailed to approval in the committee. It was also endorsed by a range of non-profit and business groups, including the Boys & Girls Club, Black Chamber of Commerce, Do It Yourself Girls, The Latino Council, NAACP-Los Angeles, San Jose Police Officers’ Association, and the United Women’s Organization — almost all regular recipients of “contributions” from AT&T.

Consumer groups are largely opposed to the measure, because it gives AT&T near carte blanche to disconnect rural residents and leave them with inferior and more expensive wireless alternatives. It also scraps most oversight over AT&T’s business practices in the state, which are not stellar. Those living in rural areas are opposed even more.

The Rural County Representatives of California, representing the interests of local leaders in 35 rural counties across the state, came out strongly against AB 2395, pointing out earlier deregulation efforts and a largely hands-off California Public Utilities Commission (CPUC) helped create the digital divide problem that already exists in the state, and AT&T’s bill proposes to make it worse.

S

Frentzen

“While AB 2395 offers the promise of a more modern communications system for California, the bill devises a scheme that minimizes consumer protections and provides avenues for telecommunication providers to abandon their current subscribers from ever experiencing these modern telecommunications options,” said the group. “RCRC would have far more comfort with relinquishment proposals if California’s telecommunications stakeholders, including the CPUC, had met their obligations in providing near universal access. And that access included quality, demand-functions found in other areas of the state. Unfortunately, much of California has either no connectivity (unserved) or inferior connectivity (under-served). Until this digital divide is eliminated, we cannot support changes in the regulatory and statutory environment which furthers this gulf between who gets access and who does not.”

While AT&T continues to deny it will do anything to disconnect rural California, the company vehemently opposes efforts to drop language from the bill that would grant them the right to retire landline service. AT&T’s lobbyists insist the legislature can still trust the company, an idea that failed to impress Shiva Frentzen, the supervisor of El Dorado:

Trust is something that you earn. It’s built over time. We have a rural county each constituent, all your consumers, pay into the infrastructure, but we don’t see the high-speed coming to the rural parts of the county because it does not pencil out. For larger companies to bring the service in those areas – the infrastructure costs a lot and the monthly service does not pay for it. So that is the experience we’ve had with larger providers like yourself. We have not had the trust and the positive experience for our rural county, so that’s why we are where we are.

Editor’s Note: My apologies to Steve Blum, who didn’t get full credit for gathering most of the quotes noted in this piece. We’ve linked above (in bold) to several of his articles that have followed the AT&T lobbying saga, and we’ve added his blog to our permanent list of websites we can recommend.

Big Headaches for Frontier Takeover of Verizon Landlines/DSL/FiOS in Texas, Florida, and California

As of late Monday afternoon, Downdetector.com still shows widespread outages for Frontier customers in North Texas, western Florida and parts of California.

As of late Monday afternoon, Downdetector.com still shows widespread outages for Frontier customers in North Texas, western Florida and parts of California.

Despite promises this past weekend’s transition from Verizon Communications to Frontier Communications would result in little more than “a logo change,” countless customers in the affected states of Florida, Texas, and California reported long service outages, website problems, and long holds waiting to talk to customer service representatives about when service would be back.

The outages were most widespread on Friday morning, April 1, when many subscribers awoke to discover they no longer had phone, television, or broadband service. A blitz on social media directed at Frontier quickly followed on Facebook and Twitter, many summing up their first experience with Frontier to be like “dealing with a third-rate phone company.”

Louise Thompson called the transition “a total fiasco” and some businesses lost thousands of dollars on Friday alone. The “Happy Grasshopper” was one of them, after losing Internet and phone service.

“We have 20 employees who can’t get any work done here today,” said owner Dan Stewart.

Gerard Donelan, a real estate appraiser who works from home in South Tampa, was still without service Friday afternoon. “I talked to customer service about 10:30. … He told me service was down in the Tampa Bay area, and he didn’t know when it was coming back, and there was nothing he could do,” Donelan told the Tampa Tribune. “What a joke. These guys were telling us just yesterday how seamless this was going to be. My next phone call is to Bright House.”

welcome frontierThe popular Zudar’s sandwich shop downtown was still unable to swipe credit cards or take phone or Internet orders at mid-afternoon. “It’s having a terrible effect on business,” said owner Eric Weinstein. “It’s absolutely an epic failure on their part. An amazing lack of customer service and communication.”

frontier texasThe City of Plano (Tex.) lost its website in the transition. Frontier shared its failure with AT&T mobile customers in parts of Florida, who found cell service not working because Frontier also took control of fiber links connecting many of AT&T’s cell towers to AT&T’s network. Many of those were down too.

“During the early morning of April 1, 2016, a technical issue occurred during the integration of the systems Frontier acquired from Verizon that impacted service to some enterprise and carrier customers in Florida, Texas and California.  As of 9:30 am eastern, the issue was resolved,” the company’s statement said.  “In addition, an unrelated fiber cut occurred that impacted customers in the Tampa market.”

Across all three states, Frontier officials hurried to downplay the impact of the service outages, which are continuing to this day for some customers. In some statements, Frontier claimed only about 500 business customers lost service, and there were no widespread problems. But many of the 3.7 million customers in Texas, Florida and California enduring the transition say those outages and problems affect residential accounts.

“There is ‘absolutely nothing widespread going on?'” asked Eric Petty, an adjunct professor at St. Petersburg College. “What a bunch of liars. How stupid do they think their customers are?”

One of the biggest problems customers are encountering is the procedure to transition their online access from Verizon to Frontier. To begin that process, customers need a new Frontier ID, but that is easier said than done if you lack landline service. As part of the registration process, customers need to enter the account PIN number usually displayed on landline bills, but often missing from broadband-only service bills.

frontier floridaLee Allen of Dallas was one of many frustrated customers. He spent an hour trying to manage the Frontier MyAccount registration process and when he tried to sync his Verizon and Frontier account together, it was a flop.

Two calls to Frontier customer service and still no joy reports the Dallas Morning News.

“I’m in limbo,” he said Friday afternoon.”I’m self-employed and work from home. They are supposed to be a technology company. They should have been ready.”

Frontier says they are aware of this problem and are working on a solution.

In Los Gatos, Calif., it was an Internet-free weekend for most of the city’s former Verizon Internet customers, who also lost service on Friday. As of Sunday morning, they still didn’t have service, according to the San Jose Mercury News:

Los Gatos customers were assured the transition on April 1 would be smooth with no interruption to service. But that hasn’t been the case, said Beau Graeber, Fenesy’s neighbor who’s helping him contact the company and reconfigure his Internet.

“It’s a little frustrating,” Graeber said, adding that Verizon — now Frontier — is the only option for Internet and telephone service in Los Gatos, outside of cable or satellite providers. “For Ralph and some of my other neighbors, it’s a terrible inconvenience.”

frontier californiaConcerned customers with bills due this week are finding they don’t have enough access on Frontier’s website to arrange payment of their bill. Frontier says not to worry – “Until this process is completed on April 8th, you will only have very limited account access, even with a Frontier ID,” Frontier reports. “You can still use your Frontier ID to download the Frontier TV App, HBO GO, Watch ESPN, Disney and other popular entertainment Apps. If your bill is due during this period, rest assured that all late fees will be waived.”

Beyond total service outages and interruptions, other customers are reporting various problems with Frontier’s version of FiOS TV:

  • Frontier began migrating their 100,000 title On Demand library to FiOS on April 2. The process was supposed to be complete Saturday afternoon, but some customers are still having problems. Frontier: “We understand how important Video on Demand is to our customers. We apologize for the inconvenience and are working diligently to ensure the content is available as soon as possible. If you get a message that the service is ‘temporarily unavailable,’ you should reboot your set-top box to refresh the VOD service. To reboot, unplug your set-top box, wait at least 10 seconds, and then plug it back in. Please note, a reboot can take up to 3 minutes as the system refreshes your settings. If you continue to experience any issues accessing VOD, please call our Tech Support team at 1-877-600-1511.”
  • The Nickelodeon Jr. FiOS TV Widget/App was retired by Nickelodeon on March 31 prior to the transition to Frontier. It is, therefore, not available. Customers can still watch Nick Jr. on their home television. Customers can also access Nick Jr.’s programming via the web, at www.nickjr.com, or through Nickelodeon’s mobile apps for iOS and Android.
  • When searching for a Video on Demand title with the FiOS TV remote, customers may notice due to the transition from Verizon to Frontier, many of the movies and TV shows are not appearing in either “New Releases” or “Collections”. However, they can be found by scrolling down to “By Title” and then selecting “All” in order to find your choice. You can also search for your VOD by selecting the “B” button on your FiOS TV remote.

frontier new logoFrontier promised regulators things would go better for new Frontier customers after the company botched a similar transfer of AT&T customers in Connecticut that went so poorly, the company had to offer $50 service credits to affected customers.

“We have lessons to learn,” Frontier spokeswoman Kathleen Abernathy told Connecticut regulators at the time.

“They didn’t learn a thing,” said Stan Rogers, a transitioned Frontier customer outside of Allen, Tex. “I was there for the Connecticut switchover two months before I moved down here and now I get to experience the same thing all over again. To give you an idea of where Frontier is on the technology curve, they have sent me information about how to transition my Verizon e-mail address to AOL. Hello!”

North Texas resident Larry Allen agrees, “I didn’t think anything could drive me back to Comcast, but Frontier may do it. TV issues, email issues, Frontier can’t process my information to set up an account, horrible/outdated selection of movies on demand, [and] Frontier [is] not responding to emails for assistance.”

[flv]http://www.phillipdampier.com/video/WTSP Tampa Frontier transition not as smooth as promised 4-1-16.mp4[/flv]

WTSP in Tampa reports Florida area customers didn’t get the easy transition from Verizon to Frontier they were promised. (2:22)

[flv]http://www.phillipdampier.com/video/KTVT Dallas Frontier service problems persist for some 4-3-16.mp4[/flv]

KTVT in Dallas reports Frontier service outages created headaches for customers across North Texas. (2:08)

AT&T Tells Customers $30 Extra for Unlimited Internet is Good News (for AT&T)

fat cat attAT&T has indirectly announced it will enforce hard data caps on its U-verse broadband service for the first time, imposing overlimit fees for customers that exceed their allowance unless they agree to pay $30 extra a month for a new unlimited add-on plan.

AT&T’s Consumer Blog announced effective May 23, AT&T was increasing the usage allowances on its DSL and U-verse broadband service and is introducing a new $30 unlimited option for broadband-only customers many actually had all along because AT&T never enforced its cap for U-verse.

Customers currently bundling video and data services from AT&T/DirecTV will get a break – the unlimited option will apply at no extra charge if you agree to a single, combined bill for all of your AT&T services. The decision to apply usage caps to broadband-only customers, often cord-cutters, while effectively exempting current U-verse TV/DirecTV video customers is sure to raise eyebrows.

AT&T originally told customers its usage caps were designed “to ensure it is providing a sustainable network to customers.”  But in a company FAQ, AT&T destroys its own argument for the need to cap anyone. “Will offering unlimited data negatively impact the AT&T network? No. AT&T will continue to actively manage the network to handle the increasing demand for data.”

AT&T’s need for data caps is also eroded by company claims only a small percentage of customers exceed them.

Why caps again?

Why caps again?

“Today, our home Internet customers use just over 100GB of data per month on average,” AT&T wrote. “So even with our smallest U-verse Internet data allowance of 300 GB the average customer has plenty of data to do more.”

At least for now.

A review of AT&T’s past average usage claims is revealing. In 2011, AT&T told Tom’s Hardware the average customer consumed about 18GB a month. In 2015, AT&T’s cached support site claimed average customers used around 35GB a month. As of this week, AT&T says average users now exceed 100GB a month. If AT&T decides not to regularly revisit allowances (AT&T took five years to revisit the subject this week, having introduced 150GB caps on DSL and 250GB on U-verse in 2011), customers are likely to face pressure to sign up for the $30 unlimited add-on or buy television service from AT&T to avoid overlimit charges that will top out at $200 in penalties for DSL customers, $100 for U-verse overlimit fees.

average usage

Beginning May 23, AT&T’s website will include a data usage meter to help avoid AT&T’s overlimit penalty: $10 for each 50GB increment one exceeds their allowance. AT&T claims only 4% of its customers will exceed their future data allowances. They wouldn’t say how many exceed the current ones.

Because U-verse customers have avoided AT&T’s usage caps in the past, the company is now reminding customers it will give several warnings before you experience bill shock:

  • In the first bill cycle when you reach 100% of your data allowance, AT&T will update you via email, but there will be no charges.
  • In the second bill cycle, AT&T will notify you via email at 65%, 90%, and 100%, and still without charges.
  • In the third bill cycle, and each bill cycle thereafter, you’ll receive reminder emails at 65% and 90%. At 100% AT&T will notify you and add an additional 50GB of data to your account for $10 each time you exceed the allowance. Customers will receive reminders about their data usage for the additional 50GB at 75% and 100%.

All usage — including uploads and downloads — counts towards the cap. There is just one exception. Wireless traffic from an AT&T MicroCell, designed to boost weak cell signals inside the home, is not included in AT&T’s Internet data usage allowance. To help ensure accurate billing, you have to register your AT&T MicroCell account and residential AT&T Internet account.

Here are the new data allowances that will take effect May 23rd:

monthly data allowance

DSL Reports’ Karl Bode is skeptical of the “consumer benefits” AT&T is touting as part of the change:

That last bit is a fairly transparent ploy to address a spike in cord cutting at AT&T — by forcing customers into signing up for television services they may not actually want if they want to avoid usage restrictions. Whether using arbitrary caps to force users to sign up for TV technically violates net neutrality (either the FCC’s rules or the concept in general) is something that’s likely to be hotly debated.

It’s also curious that just as AT&T indicates it’s backing away from U-Verse TV (which should technically free up more bandwidth on the AT&T network), it’s implementing caps on a network it originally stated didn’t need caps thanks to “greater capacity.” That’s because as with Comcast, caps really aren’t about capacity or financial necessity, they’re about protecting traditional TV revenue from Internet video. At the end of the day, AT&T’s just charging $30 a month (or more) for the same service, while trying to frame it as a net positive for consumers.

Commerce Secretary Appoints Comcast VP to Advisory Board to Protect Free & Open Internet

Phillip Dampier: Putting Comcast's David Cohen on a panel to protect the free and open Internet is like appointing Bernie Madoff to run the SEC.

Phillip Dampier: Putting Comcast’s David Cohen on a panel to protect the free and open Internet is like appointing Bernie Madoff to run the SEC.

I got whiplash this afternoon doing a double-take on the improbable announcement that Commerce Secretary Penny Pritzker has seen fit to appoint David Cohen, senior vice president and chief lobbyist at Comcast, to the first-ever Digital Economy Board of Advisors, which counts among its goals protecting a free and open Internet. He will be joined by AT&T’s chief lobbyist, the omnipresent Mr. James Cicconi.

Neither has much patience for Net Neutrality. Cicconi and Cohen have both lobbied Congress and regulators to keep Comcast and AT&T free from regulation and oversight, even as Comcast imposes usage-billing and data caps on a growing number of its customers, while exempting its own streaming video content from those caps. For its part, AT&T is exploring “zero rating” preferred content partners to escape the wrath of its own wireless data limits and advocates against community broadband competition.

The board will be co-chaired by Markle Foundation president Zoe Baird and Mitchell Baker, executive chairwoman of Mozilla.

“As we develop an agenda to help the digital economy grow and thrive, it is critical that we engage with those on the front lines of the digital revolution,” said Pritzker.

It apparently doesn’t matter that the front lines being explored are those of the allies and enemies of Net Neutrality. Putting David Cohen on the case to protect a free and open Internet is like appointing Bernie Madoff to head the Securities & Exchange Commission.

Consumers are, as usual, woefully under-represented on the panel. Only Marta Tellado, president and CEO of Consumer Reports, is likely to solely advocate for ordinary Internet users. The rest of the panel is made up of bankers, businesspeople (including the CEO of a home shopping channel), academia, think tanks and dot.com interests:

David "I'm crushing your unlimited Internet access" Cohen

David “I’m crushing your unlimited Internet access” Cohen

  • Karen Bartleson, president-elect of the Institute of Electrical and Electronics Engineers
  • Greg Becker, president and CEO of Silicon Valley Bank and SVB Financial Group
  • Austan Goolsbee, Robert P. Gwinn Professor of Economics at the University of Chicago, Booth School of Business
  • Mindy Grossman, CEO and director of HSN
  • Oisin Hanrahan, co-founder and CEO of Handy
  • Sonia Katyal, Chancellor’s Professor of Law at the University of California at Berkeley School of Law
  • James Manyika, director of the McKinsey Global Institute
  • William Ruh, CEO of GE Digital and Chief Digital Officer for GE
  • Brad Smith, president and chief legal officer at Microsoft
  • Corey Thomas, president and CEO of Rapid7
  • Susan Wojcicki, CEO of YouTube
  • John Zimmer, co-founder and president of Lyft

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