Bait and switch broadband

Since 1991, Verizon telephone customers in New Jersey have paid at least $15 billion in surcharges for a promised high-speed broadband network that would reach every home in the state by 2010. But now critics charge Verizon diverted much of that money to shareholder dividend payouts and building infrastructure for its highly profitable wireless network, leaving almost half the state with slow speed DSL or no broadband at all.

In the early 1990s, Verizon’s predecessor — Bell Atlantic — launched “Opportunity New Jersey,” a plan promising the state it would have the first 100% fiber telecommunications network in the country. In return, the company enjoyed more than two decades of generous tax breaks and collected various surcharges from customers to finance network construction. But a review of Verizon’s promises vs. reality suggest the company has reneged on the deal it signed with the state back when Bill Clinton was beginning his first term as president.

Verizon promised at least 75 percent of New Jersey would have a fiber service by 1996 offering 384 television channels and 45/45Mbps broadband service for $40 a month. The network would be open to competitors and be deployed without regard to income or its potential customer base.

The state suspected trouble as far back as 1997, when the Division of the Ratepayer Advocate with the New Jersey Board of Regulatory Commissioners blasted the company’s progress five years into the project:

Bell Atlantic-New Jersey (BA-NJ) has over-earned, underspent and inequitably deployed advanced telecommunications technology to business customers, while largely neglecting schools and libraries, low-income and residential ratepayers and consumers in Urban Enterprise Zones as well as urban and rural areas.

By 2006, New Jersey was being introduced to FiOS, which some believed was part of Verizon’s commitment to the state. But a decade after Verizon’s target dates, customers were still waiting for FiOS video service, the maximum broadband speeds offered at that point were 30/5Mbps and the cost of the package ranged from $180-200 a month. Most of Verizon’s FiOS deployments were in the northern half of the state, leaving southern New Jersey with few, if any service improvements.

Despite Verizon’s repeated failures to meet its target dates, that same year New Jersey made life even easier for the phone company by passing a statewide video franchise law allowing Verizon to bypass negotiating with each town and city regarding its video services and instead run FiOS TV as it pleases anywhere in the state. The company argued a statewide video franchise would allow for more rapid deployment of Verizon’s fiber network. In reality, the company was falling further and further behind. By 2013, when Verizon sought renewal of its statewide franchise, Verizon only offered FiOS TV to 352 of the 526 communities hoping for service. At least 174 communities still waiting for FiOS are likely never going to get the fiber service, despite paying Verizon’s surcharges for more than 20 years. Verizon suspended its FiOS expansion project more than two years ago.

Bait and Switch Broadband

From promises of a cutting edge fiber future to good-enough DSL.

Despite early commitments of providing New Jersey with advanced fiber broadband speeds unheard of elsewhere in the country in the 1990s, Verizon changed its tune when it became clear the company wanted to prioritize investment in its more lucrative wireless network. Instead of a commitment of 45/45Mbps, providing basic DSL broadband at any speed was now seen as adequate. Verizon spokesman Lee Gierczynski told both Newsweek and the Inquirer the company never promised a statewide deployment of FiOS.

“Nobody knew what FiOS was 20 years ago,” Gierczynski said. “It wasn’t until 2004 when FiOS came on the scene.”

Forget about that commitment for 45/45Mbps speed as well.

“It didn’t say a minimum of 45mbps,” Gierczynski said, “it just says ‘up to’.”

That means DSL service will be a part of southern New Jersey for the near future. Customers unimpressed with the 5Mbps DSL service they get from Verizon can always pay substantially more for access to Verizon Wireless’ usage capped LTE 4G network that Gierczynski believes can be used to download movies.

In effect, ratepayers that wrote checks to pay artificially higher phone bills to help subsidize a promised 100% fiber optic future have instead funneled working capital to Verizon Wireless’ network expansion and helped enrich shareholders with generous dividend payouts.

Opportunity New Jersey Verizon: Christie Administration Proposes Letting Verizon Off the Hook Permanently

Gov. Christie

Most victims of costly bait and switch schemes get angry and demand justice. In New Jersey, the Christie Administration believes Verizon is the victim of unreasonable expectations and has proposed a sweetheart deal to both let the company off the hook and keep the surcharges it collected from New Jersey ratepayers for the last 21 years.

While the rest of the country clamors for better broadband, Governor Christie’s State Commission, his Attorney General’s Office and the state Consumer Rate Counsel believe that basic DSL is good enough, and making life difficult for Verizon by insisting it live up to its part of a mutual agreement just isn’t very nice.

All eyes were on incoming president of the Board of Public Utilities Dianne Solomon, wife of close Christie associate Lee Solomon. The BPU has direct authority over Verizon’s compliance with its promises to the state. But Dianne’s only apparent experience is as an official with the United States Tennis Association. Critics immediately pounced on the odd nomination, accusing the governor of using the BPU as a lucrative parking lot for political patronage. Three of the four current commissioners are all politically connected and their experience navigating telecommunications law is questionable.

Instead of demanding that Verizon be held to its commitment to the state, government officials are bending over backwards to let Verizon walk away from its promises forever.

A stipulation proposal would allow the company to shred its commitment to upgrade New Jersey with fiber optics. Instead, Verizon gets permission to discontinue service if you have any other option for service — including cable or wireless. Not only would this stipulation eliminate any hope bypassed communities have to eventually get Verizon FiOS, it would also let Verizon scrap its rural landline network and kill DSL, forcing customers to its lucrative wireless broadband product instead.

Solomon

The agreement also eliminates any commitment Verizon had to deliver fiber-fast speeds. Instead, Verizon will be considered in good standing if it matches the slowest speed on offer from Verizon DSL.

“Broadband is defined as delivering any technology including Verizon’s 4G wireless, fiber, copper or cable, data transmission service at speeds no less than the minimum speed of Verizon New Jersey’s Digital Subscriber line (DSL) that is provided by Verizon New Jersey today.”

New Jersey customers can file comments about the proposed agreement until March 24, 2014 with the Board of Public Utilities.

We have found a good sample letter you should edit to make your own. You can e-mail the secretary directly and/or send your message to the general e-mail address: [email protected] (be sure to include “Verizon New Jersey, Docket No. TO12020155” on the Subject line):

New Jersey Board of Public Utilities
Kristi Izzo, Secretary
44 South Clinton Avenue, 9th Floor
P.O. Box 350 Trenton, NJ 08625-0350

Email: [email protected]

Re: In the Matter of Verizon New Jersey, Inc. Docket# TO 12020155

Dear Secretary Izzo:

I want to alert you to an urgent matter pending before the New Jersey Board of Public Utilities. Pursuant to a 1993 law called Opportunity New Jersey, Verizon NJ was obligated to upgrade New Jersey’s “copper wire” network by 2010. To fund the Opportunity New Jersey expansion, Verizon NJ was permitted to collect excess charges from their customers and received lucrative tax breaks from the State. These charges and tax breaks began in the 1990s and are still being collected today.

Verizon failed to meet its timeframe requirements under the Opportunity New Jersey agreement to New Jersey residents. As a result of Verizon’s failures, on March 12, 2012, the New Jersey Board of Public Utilities initiated a legal action against Verizon NJ. The Board and Verizon NJ have now entered into a proposed settlement agreement which I believe is inadequate and not in the best interests of myself and other New Jersey residents who have paid for this service that was not fully delivered.

I oppose the Board’s proposed settlement agreement and demand that The Board of Public Utilities hold Verizon to the original Opportunity New Jersey agreement which requires Verizon to expand broadband services to every customer in the State. The proposed settlement has the potential of costing myself and other residents even more money than I have already paid for the last 21 years. The Board of Public Utilities should not allow Verizon to flagrantly disregard the stipulations which are the framework for the charges and tax breaks that Verizon has enjoyed for 21 years.

I am asking the Board of Public Utilities to be my advocate and investigate where our dollars were spent and to require Verizon to give me what I was originally promised under Opportunity New Jersey agreement of 1993.

Sincerely,

[Your Name, Address, Phone Number]

Despite the fact cable companies routinely claim customers don’t want or need gigabit broadband speeds, property developers seeking an edge in the real estate market do.

A planned community of 6,000 homes under construction by Metro Development Group (MDG) in Tampa has signed a deal to commit Bright House Networks to install a 1Gbps fiber-to-the-home network within the development. MDG said the first homes wired for the new service will be ready for residents this summer, but the entire project will take three years to finish.

“MDG hopes the fast Internet speeds will attract would-be buyers for the new homes,” said MDG president Greg Singleton.

MDG is branding the fiber service as ULTRAFi. It will be accompanied by a gigabit Wi-Fi network accessible throughout the community. In addition to providing fast broadband, the service will include home automation and security services.

The driver for the gigabit broadband project isn’t Bright House Networks, it is the property developer. Even though Bright House has committed to the project, it still denies consumers need super fast Internet speeds offered by providers like Google Fiber.

Bright House president Nomi Bergman acknowledged the project is a special deal with MDG and it will be years before average consumers need anything close to gigabit broadband speeds. Bergman said there is insufficient demand to justify upgrading Bright House Networks’ broadband speed offerings to other customers.

MDG obviously disagrees, because it hopes to extend fiber-to-the-home gigabit service to its other new communities. That could mean 20,000 more homes could eventually get gigabit broadband.

“In five or 10 years, I think communities that are not doing this” will be “obsolete,” Singleton said.

Charter Communications’ march to all-digital service is one big Excedrin headache for many of the communities enduring the cable company’s conversion.

Charter is embarked on a campaign to end analog cable television service, freeing up bandwidth to offer more HD channels and increase broadband speeds. But the switch to digital has been accompanied by frequent service disruptions and outages.

In Texas, customers complain their digital channels are often frozen or pixelated. In Casper, Wyo., where Charter acquired an older cable system from Cablevision that was originally built by Bresnan Communications, customers’ complaints range from inconsistent service and slow response times to loss of sound and frozen video during airing of City Council meetings.

But some of the loudest concerns about Charter originate from the Outer Banks of North Carolina where customers are finding the switch to digital can be very costly.

Tourism is a major part of the local economy and the Outer Banks are filled with seasonal homes, rental condos and hotels. Many property owners maintain seasonal accounts with Charter Cable, only active during the tourist season. Some hotel owners notified about Charter’s plans to transition towards digital service worked with the cable company to buy televisions that would not need additional equipment to work after the switch. With the cable company’s recommendations, some hotel chains purchased dozens or even hundreds of digital-ready television sets installed in rooms that were ready for the switch.

Only recently, Charter notified customers they also planned to encrypt the basic lineup, rendering the digital televisions useless without the additional cost and inconvenience of installing Charter’s digital set-top boxes. Although Charter will temporarily offer customers free rental of the boxes, after the offer expires, customers will pay Charter $6.99 a month for each box. For some upper end condos, the cost of renting multiple boxes will exceed the cost of the cable TV package.

The Outer Banks Voice details several other customer complaints:

With the older analog systems, many owners flat mounted their televisions to walls and had the cable wired directly into the television, out of sight. With boxes now required, rental homeowners will need to figure out where to place the box and how to run the cables to the set.

In addition, rental companies and homeowners will need to keep track of numerous remotes and keeping those remotes supplied with working batteries.

[…] Thus far, Charter is not offering boxes for sale, so owners cannot absorb the cost over the long-run use of the box, and there appears to be some confusion on whether homes with five or more televisions will require a “Pro Installation” at extra cost to ensure signal strength is sufficient.

If such an installation is required, owners and rental management companies will also be required to arrange access for Charter installers.

Rental condos are also faced with yet another logistic hurdle.

Many condos include cable television fees in their monthly association dues, and the cable contracts for all units are in the name of the condo association.

To obtain boxes, condo owners are now going to be required to set up their own individual accounts, often from an out-of-state location, and then determine how to get the boxes installed.

Signal strength is also a concern in condo projects. Even with analog signals, the multiple connections in one area make reception fuzzy and of low quality.

A small sample of complaints found all over Charter’s social media pages.

Charter Communications shared their side of the story about the digital conversion:

Outer Banks, N.C.

Charter customers are notified by newspaper, direct mail, bill messages, phone calls from Charter representatives, and Charter commercial spots beginning at least 30 days prior to their cutover. Charter is making it easy for customers to receive one or more digital boxes at no cost for one, two or five years, depending on the customer’s programming package and other qualifying factors.

Customers that need less than four boxes can have them shipped directly to their home by calling 1-888-GET-CHARTER or pick them up at a Charter Store.

Customers that live out of town, that own vacation homes, can authorize personnel with their property management company or other specified individuals to pick up their boxes. Customers must first authorize those individuals and add them to their account by calling 1-888-GET-CHARTER. The customer account owner can rescind authorization of individuals at any time.

Property Management companies or authorized individuals can then obtain up to five set-top boxes at a Charter Store.

Customers needing more than five boxes should contact Charter 1-888-GET-CHARTER. A professional technician will be scheduled to assist customers with the installation.

Charter Stores are currently operating with expanded hours to accommodate customers during this all-digital project. Charter Store hours will also be expanded in April where peak volume is expected.

Commercial properties have several options available and can work with their Charter Business account representative on the best solution for their business.

Due to advances in technology, solutions available may involve the need for additional equipment in order to provide the best possible cable, Internet and voice products for our customers.

Greenlight announces gigabit service for Wilson, N.C.

Claims from critics that government-owned Internet Service Providers would bring ineptly managed, behind-the-times broadband are belied by the reality on the ground.

Network World highlighted several cities offering consumers and/or businesses gigabit broadband service from publicly owned Internet providers. All of them stand alone with no commercial competitor willing or able to compete on speed. In fact, most of the communities offering their own Internet service do so because incumbent cable and phone companies showed no interest in upgrading or expanding their services or offer them at prohibitive prices. For many of the towns involved, the only way to get 21st century broadband was to build it themselves.

Cable companies like Time Warner Cable scoff at the need for superfast broadband speeds, claiming customers are not interested in gigabit Internet. After the Federal Communications Commission issued a challenge for every state in the U.S. to reach 1Gbps Internet speeds in at least one community by 2015, then chief financial officer Irene Esteves said 1,000Mbps service was unnecessary and the cable company wouldn’t offer it because there was little demand for it.

While Esteves was telling reporters gigabit speeds were irrelevant, Time Warner Cable’s lobbyists were working behind the scenes to make sure none of their community-owned competitors offered it either, cajoling state officials to pass legislation that would effectively ban publicly owned broadband competition. Time Warner, along with other cable and phone companies evidently feel so threatened, they have successfully helped enact such bans into law in 20 states.

The record is clear. The best chance your community has of getting gigabit speeds is to rally your local government or municipal utility to offer the service you are not getting from the local cable/phone duopoly anytime soon.

Chanute, Kansas

The city of Chanute, Kan. is fighting back against incumbent phone and cable companies trying to ban municipal-owned ISPs in the state.

With just 9,000 residents barely served by AT&T and the routinely awful Cable ONE, Chanute knew if it wanted 21st century broadband, it was unlikely to get it from the local phone and cable company. Chanute has owned a municipal fiber network since 1984 and has been in the Internet provider business since 2005. Now the city is working towards a fiber to the home network for residents while AT&T is lobbying Washington regulators to let the company scrap rural landline and DSL service across Kansas and other states.

The city is taking a stand against the latest effort to ban community broadband networks in Kansas. It’s a rough fight because Kansas lobbyists get to write and introduce corporate-written telecom bills in the legislature without even the pretext of the proposed legislation originating from someone actually elected to office. SB 304, temporarily withdrawn for “tweaking,” shreds the concept of home rule — allowing local communities to decide what works best for them. Instead, AT&T, Cable ONE, Comcast, Cox, and other telecom companies will get to make that decision on your behalf if the bill re-emerges in the legislature and passes later this year.

“We’re taking a leadership position to do something about it. I’d hate to sit here and keep bashing AT&T and Cable One. They don’t care. All they care about is paying dividends back to their stockholders,” Chanute’s utility director Larry Gates told Network World. “My feeling – this is mine, it’s probably not the city’s, but it’s mine – is I wouldn’t care if we ever made a dime on this network, as long as it would pay for itself. If it could increase and do the things with education, health, safety, and economic development – man, that’s a win. That’s a huge win.”

Chattanooga, Tennessee

The “headquarters” of the Taxpayers Protection Alliance is in the basement of this building in suburban Washington.

EPB Broadband is the best argument community broadband advocates have to counter Big Telecom propaganda that community-owned broadband is a failure waiting to happen. EPB has received national acclaim by delivering gigabit broadband to consumers and businesses that Chattanoogans can’t get from AT&T and Comcast. EPB is Chattanooga’s municipally owned electric utility and originally laid fiber to power its Smart Meter project to better manage its electric system. With near infinite capacity, why not share that network with the community?

EPB routinely embarrasses its competition by offering highly rated local customer service and support instead of forcing customers to deal with offshore call centers rife with language barriers. Customer ratings of AT&T and Comcast are dismal — rock bottom in fact — but that isn’t the case for EPB, embraced by the local community and now helping to foster the region’s high-tech economic development.

Santa Monica, California

Santa Monica City Net does not serve residential customers, but a lot of locals probably wish it did. Greater Los Angeles has been carved up between bottom-rated Charter Communications and never-loved Time Warner Cable. Time Warner customers in LA will soon get access to 100Mbps broadband. Businesses in downtown Santa Monica can already get broadband from City Net at speeds up to 10Gbps.

Lafayette, Louisiana

LUS Fiber has had a very tough battle just getting service off the ground. Its two competitors are AT&T and Cox, and the fiber to the home provider had to work its way through legal disputes and a special election to launch service. Even to this day, corporate front groups like the Taxpayers Protection Alliance are still taking potshots at LUS and other municipal providers. TPA president David Williams refuses to identify where the money comes from to fund TPA’s operations. It’s a safe bet some of it comes from telecom companies based on the TPA’s preoccupation with broadband issues. The group always aligns itself with the interests of phone and cable companies.

Cable and phone companies that fund sock puppet groups like TPA could have spent that money to upgrade broadband service in communities like Lafayette. Instead, they cut checks to groups like the Taxpayers Protection Alliance, headquartered in a basement rental unit in suburban Washington, D.C.

Burlington, Vermont

Burlington Telecom’s troubled past is a poster child for anti-municipal broadband groups. The provider’s financial problems are often mentioned by groups fighting public broadband. To be sure, there are successes and failures in any industry and inept marketing by BT several years ago hurt its chances for success. Its competition is Comcast and FairPoint Communications, which means usage-capped cable broadband or slow speed DSL. BT sells a gigabit broadband alternative for $149.99 a month for those signing a 12-month contract. Comcast charges $115 a month for 105Mbps service — about ten times slower than BT’s offering.

Tullahoma, Tennessee

The Tennessee Telecommunications Association is appealing to the state government to keep publicly owned broadband competitors out of their territories.

LighTUBe, the telecommunications branch of the Tullahoma Utilities Board (TUB), announced its gigabit Internet offering in May 2013, says Network World. The magazine suspects the provider is interested in commercial, not residential customers.

That no doubt comes as a relief to the Tennessee Telecommunications Association, which represents the state’s independent phone companies. Last month, more than a dozen executives from those companies invaded the state capital to complain that municipal providers were threatening to invade their territories and offer unwanted competition.

“We are particularly concerned about four bills that have been introduced this session,” says Levoy Knowles, TTA’s executive director. “These bills would allow municipalities to expand beyond their current footprint and offer broadband in our service areas. If this were to happen, municipalities could cherry-pick our more populated areas, leaving the more remote, rural consumers to bear the high cost of delivering broadband to these less populated regions.”

Among the companies that want to keep uncomfortable public broadband competition out of their territories: North Central Telephone Cooperative, Loretto Telecom, Twin Lakes Telephone Cooperative, Highland Telephone Cooperative, TDS Telecom, United Communications, Ben Lomand Connect, WK&T Telecommunications, Ritter Communications, Ardmore Telephone Company, and RepCom.

Bristol, Tennessee

Bristol is unique because its city limits are effectively in Tennessee and Virginia. Neither state has gotten much respect from incumbent telephone and cable companies, so BTES — the electric and telecom utility in Bristol — decided to deliver broadband service itself. The network is now being upgraded to expand 1Gbps service, and it represents an island in the broadband backwater of far eastern Tennessee and western Virginia and North Carolina.

Cedar Falls, Iowa

Iowa has never been a hotbed for fast broadband and is the home to the largest number of independent telephone companies in the country. Cedar Falls Utilities is one of them and is trying to change the “behind the rest” image Iowa telecommunications has been stuck with for years. The municipal telecom provider has boosted broadband speeds and announced gigabit broadband last year.

Wilson, N.C.

Greenlight has been providing fiber to the home service for several years, and its presence in the middle of Time Warner Cable territory was apparently the last straw for the cable company, which began fiercely lobbying for a municipal broadband ban in North Carolina. Thanks to a massive cash dump by Koch Brothers’ ally Art Pope, the Republicans took control of the state government between 2010-2012. Many of the new legislators have an ongoing love affair with ALEC — the corporate front group — and treat its database of business-ghostwritten bills like the Library of Congress. What AT&T, CenturyLink, and Time Warner Cable want, they now get.

With a broadband ban in place, Greenlight can’t expand its territory, but it can increase its broadband speeds. Time Warner Cable tops out at 50Mbps for almost $100 a month. For $49.95 more you can get 1,000Mbps from Greenlight. Instead if competing, TWC prefers Greenlight to simply go away, and the North Carolina legislature has shown it is always ready to help.

Windstream delivers turtle slow Internet speeds to customers paying for fast connections.

Windstream broadband customers in Georgia were not imagining their turtle-slow DSL Internet speeds after all. After a year-long investigation, the Governor’s Office of Consumer Protection (GOCP) this week announced a $600,000 settlement with the rural telephone company over claims it was ripping off customers by falsely advertising broadband speeds it was in no position to deliver.

“This is essentially a truth in advertising case,” says John Sours, administrator of the Governor’s Office of Consumer Protection.  “What consumers thought they were getting from a major company was significantly different from what they allegedly received. People need to be able to make informed choices about buying the services they need to communicate and do business. We are confident that this settlement will ensure that will now occur here.”

A GOCP investigation found substantial evidence Windstream routinely advertised and sold certain Internet speeds to customers it should have known it could not provide and/or guarantee, especially over its deteriorating copper landline network. Customers complained they should have been sold cheaper broadband packages with Internet speeds Windstream could actually deliver.

Customers who called to complain about the poor performance of their connection received empty promises from Windstream representatives that misrepresented the time frame within which broadband speeds would improve. In some cases, customers were not told their speed issues would likely never be resolved. In rural Georgia communities, DSL broadband is often the only available option.

The GOCP also found that some of Windstream’s “Lifetime Price Guarantee bundle” advertisements falsely implied that the advertised offer included high-speed Internet packages with speeds of “up to 12 Mbps”.

Windstream was also criticized for advertising a free 6-month “Hulu Plus” subscription but did not clearly disclose that consumers who failed to cancel the subscription at or before the 6-month period would be charged membership fees every month afterwards, until the membership was cancelled.

To resolve these allegations, Windstream will pay a total of $600,000, which includes a $175,000 civil penalty, $175,000 in administrative fees and expenses, and $250,000 in cy pres restitution to be used to buy new computer equipment for the Technical College System of Georgia. Customers will receive no compensation from the settlement, but Stop the Cap! strongly recommends that affected customers insist on compensation by appealing directly to Windstream for service credits and/or a penalty-free exit from any service commitments.

“Windstream … has cooperated fully throughout the inquiry by the Governor’s Office of Consumer Protection,” wrote a company spokesperson in a statement. “Windstream is pleased to resolve this inquiry by entering an assurance of voluntary compliance with all applicable advertising laws. That agreement includes no finding or admission of violation by the company.”

Windstream has represented to the Governor’s Office of Consumer Protection that it is in the process of investing about $14 million to upgrade its fiber-supported areas in Georgia.  The company says that 90% or more of these upgrades were completed by the end of 2013, with the remaining upgrades slated for completion by mid-2014. The company expects the upgrades to address systemic download speed issues in the areas undergoing the upgrades. It is also seeking federal funding as well as exploring other options for upgrading the Internet service for consumers who are served by network equipment supported by copper-fed wires.

[flv]http://www.phillipdampier.com/video/WGCL Atlanta Windstream Settles False Advertising Suit 2-25-14.mp4[/flv]

WGCL in Atlanta reports Windstream has agreed to settle charges they falsely advertised broadband speeds customers could never receive. The state gets $600,000, customers get nothing. (1:56)