While the east coast contended with Hurricane Irene last weekend, hundreds of thousands of Time Warner Cable customers further west were dealing with widespread broadband and phone outages in Texas and California.

For Californians, the problems gradually increased early Sunday morning until eventually causing significant service disruptions starting just before 7am.  As the morning wore on, Time Warner’s call centers became so overwhelmed with calls, very few actually got to speak with a customer service representative, greeted instead with:

“Due to high call volume, all agents are currently busy.  Please try your call again later,” after which the call was disconnected.

By 1pm, engineers finally found the malfunctioning equipment responsible for outages in different parts of the country and started rerouting traffic around the problem.

Time Warner wouldn’t say where the troubles originated, but its impact illustrates Time Warner broadband customers can be affected by outages and malfunctions several states away.

Service was gradually restored as the afternoon progressed.

Time Warner Cable customers affected by the outage can receive a service credit for interrupted phone and broadband service, but only if they ask.  The company does not plan to issue automatic credits.

Southern Californians can use this Time Warner Online E-Mail form to request credits.  Texans can use this Time Warner Online E-Mail form to request credits.

Cable television service was not affected.

California’s Public Utilities Commission promises a thorough review of the merger proposal from AT&T and T-Mobile, now under increasing scrutiny by the state’s regulators for potentially reduced competition and higher prices for cell phone customers.

The PUC has held seven public meetings so far regarding the proposal, with particular focus on what T-Mobile’s exit would mean for rural communities in northern, central, and eastern California.  Under the leadership of Commissioner Catherine Sandoval, California’s review of the merger proposal is proving to be the most aggressive nationwide, surprising even seasoned regulators.

“This is pretty unheard of,” Brian O’Hara, a legislative director at the National Association of Regulatory Utility Commissioners, said in an interview with Bloomberg News. “California’s seems to be the most in-depth review. It’s amazing to me that the PUC is doing so much.”

The public-interest group Consumer Watchdog has recommended a rejection of the deal, saying it will lead to higher prices.  This week, the group sent a letter to Sandoval, the Justice Department, and the Federal Communications Commission opposing the merger.  Bloomberg notes aggressive investigations may force AT&T to sell off a growing percentage of their T-Mobile acquisition to win approval:

With the pressure from California and other regulators, AT&T may have to divest 30 percent to 40 percent of T-Mobile USA’s spectrum and subscribers nationwide, Michael Nelson, an analyst with Mizuho Securities USA, said in an interview.

“I expect the requirements to be extremely high,” he said.

California could even seek to block the deal outright, a step usually taken by the FCC or Justice Department. If federal regulators approve the deal and California objects, the commission could go to the state’s attorney general to file a lawsuit to stop it, said Naruc’s O’Hara.

“An attorney general lawsuit may be the only recourse,” he said.

[flv]http://www.phillipdampier.com/video/CNBC ATT T-Mobile Merger Backlash 7-11.flv[/flv]

CNBC reports some members of Congress are coming out against the merger proposal, claiming it will reduce competition and raise prices.  (2 minutes)

Dear Chairman Genachowski, Attorney General Holder and Commissioner Sandoval:

We write to urge you to reject AT&T Inc.’s proposed purchase of T-Mobile because it will without question lead to higher prices for consumers.

This is not conjecture; it is the lesson of history. Seven years ago, AT&T Inc.’s wholly owned subsidiary, AT&T Mobility LLC (then known as Cingular Wireless Corporation) requested permission to buy AT&T’s wireless network (then known as AT&T Wireless Services, Inc.) for $41 billion. At that time, AT&T and Cingular had the first and second largest share, respectively, of wireless communications providers in the U.S.

In order to get the merger approved, AT&T and an army of executives, lobbyists and allies assured regulators and consumers that the deal was in the public interest by making promises — the very same promises that we’re hearing from AT&T today:

What happened after the AT&T – Cingular merger? Once the Federal Communications Commission approved the deal (after negligible scrutiny), the newly merged company – which later renamed itself AT&T Mobility LLC– betrayed its promises. It abandoned the old AT&T network, deliberately degrading the network so that AT&T customers would be forced to migrate to Cingular’s own network, pay an upgrade fee of $18, buy new phones and agree to new and more expensive rate plans. These anti-consumer moves were enforced by an anti-competitive “early termination fee” of anywhere between $175 and $400, which prevented customers of AT&T from moving to another carrier.

In short, AT&T policyholders were railroaded into spending hundreds of dollars more in order to maintain their cellular service – a colossal rip-off by the same corporate executives who are now asking for permission to do it all over again.

Nothing in the terms of the proposed merger bars AT&T from engaging in a repeat performance against helpless T-Mobile customers if this deal is approved. Indeed, even as the companies mount a massive public relations campaign to win your approval, T-Mobile executives are already implicitly acknowledging that once the merger is approved, AT&T will make changes in the T-Mobile network:

T-Mobile has no plans to alter our 3G / 4G network in any way that would make your device obsolete. The deal is expected to close in approximately 12 months. After that, decisions about the network will be AT&T’s to make. That said, the president and CEO of AT&T Mobility was quoted in the Associated Press saying “there’s nothing for [customers] to worry about… [network changes affecting devices] will be done over time… ”

Moreover, AT&T has publicly admitted that if the merger goes through, T-Mobile subscribers with 3G phones will have to replace their phones to keep their wireless broadband service. AT&T plans to “rearrange how T-Mobile’s cell towers work” so that T-Mobile’s airwaves can be used for 4G service rather than 3G. Even though AT&T will be altering T-Mobile’s 3G cell towers to operate 4G services, Ralph de la Vega, president and CEO of AT&T Mobility and Consumer Markets, said that after the merger, T-Mobile 3G phones will need to be replaced with AT&T 3G phones, which “will happen as part of the normal phone upgrade process.” Once AT&T forces the T-Mobile subscribers with 3G phones to buy AT&T 3G phones, it is only a matter of time before AT&T pushes all of its subscribers over to the 4G network.

T-Mobile customers who are forced to migrate to AT&T’s network will have to buy new phones, agree to more expensive rate plans, or cancel their contracts and pay a termination fee.

Once known for its low prices, T-Mobile has already begun increasing its rates and decreasing options in anticipation of the merger. On July 20, 2011, T-Mobile discontinued its unlimited data plans, replacing them with plans that cap the amount of data a customer can use; once the customer hits the data cap, T-Mobile will substantially slow down their network speed. Nine days later, AT&T, which stopped offering new unlimited data plans last year, announced it would similarly start throttling data speeds even for customers on “grandfathered” unlimited data plans. AT&T is attributing its slow-down to the “serious wireless spectrum crunch.” In another implicit promise sure to be broken, AT&T has told its customers and regulators that “[n]othing short of completing the T-Mobile merger will provide additional spectrum capacity to address these near term challenges.”

Finally, T-Mobile was recently named one of the world’s most ethical companies for 2011. It was the only U.S. wireless telecommunication service provider that made the list. By contrast, complaints about AT&T’s service and prices are legion. Indeed, the views of millions of AT&T customers have been summarized by an online campaign known as “#attfail.” This merger will eliminate a U.S. wireless company that at least seemed to care about its customers.

To this day, the AT&T customers who were misled and overcharged by AT&T’s actions after the 2004 merger are still fighting in the courts for refunds and other remediation arising from the merger. In 2006, lawyers for Consumer Watchdog, joined by a group of private law firms, filed a national class action lawsuit against AT&T on behalf of the millions of customers who were victimized by the merger: Coneff v. AT&T Corp., et al., No. C06-0944 (W.D. Wash). In response, AT&T’s lawyers claimed that when AT&T customers were forcibly moved to the new network, they simultaneously agreed to waive their right to seek refunds from AT&T in court because of a provision buried in the fine-print of AT&T’s contract that required arbitration of all disputes and barred customers from joining together in an arbitration. Throughout the litigation, AT&T changed its arbitration clause several times, each time modifying various terms while retaining the arbitration clause that prohibited customers from bringing or participating in a class action, regardless of whether it is brought in arbitration or in court.

In 2009, the U.S. District Court in Seattle, Washington, held that AT&T’s arbitration clause was unconscionable because most AT&T customers would never obtain redress without the ability to bring a class action. The case is presently before the 9th Circuit. In its briefing, AT&T now contends that the U.S. Supreme Court’s recent decision in AT&T Mobility v. Concepcion 563 U.S. __ (2011) should be interpreted by the courts to apply to the egregiously unfair and one-sided mandatory arbitration clauses like the one struck down in Coneff in 2009, which, in our case and unlike in Concepcion, has been shown to preclude customers’ basic due process rights.

Albert Einstein defined insanity as doing the same thing over and over again and expecting different results. Considering AT&T’s track record, it is irrational to expect that the AT&T and T-Mobile merger will yield different results. If the merger is approved, millions of T-Mobile customers will be subjected to the same costly and unfair practices that AT&T customers experienced after the 2004 Cingular merger. Moreover, permitting AT&T to swallow a competitor will leave the American cellular marketplace controlled by a duopoly that, through the artifice of termination fees and arbitration agreements, will effectively eliminate competition between them.

This is a bread and butter test of the federal government’s commitment to American consumers versus the Wall Street and corporate interests that too often seem to be the winners every time the federal government takes action.  The Administration should ignore the lofty pronouncements of the corporate-funded academics and allies who provide cover for the glib promises of two cellular giants, along with the Wall Street firms that will reap millions in fees for providing the merger paperwork, in favor of the average American family, who, after all they have been forced to sacrifice these last few years, should not be required to pay more of their dollars for the ability to use a cell phone.

Harvey Rosenfeld

Laura Antonini

You can find documented footnotes accompanying this letter here.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT T-Mobile Merger Ad.flv[/flv]

AT&T is blanketing the airwaves with claims of improved service in its advertising promoting the merger with T-Mobile.  (1 minute)

New Englandia. Upstate New York. Northern California. Carolina. Missipiana.

None of these are actual states, but based on the people we communicate with who share our interests, perhaps they should be.

Researchers at MIT’s Senseable City Lab, AT&T Labs-Research and IBM Research are revealing new research that redefines regional boundaries in the United States, using patterns of social connectedness across the country derived from anonymous and aggregated cell phone data.

The results, based on numbers called and the geographic destinations or text messages, are predictable in some places, surprising in others.

The Connected States of America (click to enlarge)

Take New Jersey for example.  The state is remarkably divided between the northern half, whose people are socially linked with metropolitan New York City, and the southern half which almost entirely ignores the Big Apple and Long Island, maintaining closer connections with southeastern Pennsylvania and Delaware.

Some other highlights:

• Socially, most of North and South Carolina are indistinguishable from one-another.
• Chattanooga has more in common with Alabama and Georgia than the rest of Tennessee.
• Southern California’s sprawl is to the east, not to the north.  The influence from Los Angeles and San Diego now extends into Arizona, Nevada and even Utah.  Northern California sticks to itself with one exception — it has connections towards Reno, Nevada.
• Upstate New York, mostly above the Hudson Valley, is socially similar all the way west to Lake Erie, with the exception of Chautauqua County, which is culturally closer to Appalachian areas in western Pennsylvania and West Virginia.
• New England maintains close ties with the exception of northern Maine and New Hampshire, which may be closer to Atlantic Canada.
• Standalone states that mostly keep to themselves include Florida, Texas, Colorado, Michigan, Indiana, and Ohio.  With interest, many of those states are also politically defined as “swing states.”

The “Connected States of America” provides a more natural delineation of regions that follows relationships between family, friends and business partners.

“Sister states” emerge, such as Georgia and Alabama, Mississippi and Louisiana, and Tennessee and Kentucky, among others.

Metropolitan areas often form pockets of influence that extend into neighboring states or communities; for example, Chattanooga, Tenn., is more closely linked to communities in Georgia and Alabama than to the rest of Tennessee. Pittsburgh, Penn., and West Virginia form a new “state,” while St. Louis, Mo., exhibits an expanded reach that splits Illinois into two regions.

New Jersey and California also divide into two distinct regions due to large cities. In contrast, Texas remains whole: Despite the potentially splitting influence of cities such as Dallas, Houston, San Antonio and Austin, the researchers found that there is enough inter-city communication to hold the state together.

Groups like San Francisco Beautiful fear AT&T's U-verse cabinets will succumb to graffiti, like this one in nearby Oakland. For the group, U-verse cabinets on the sidewalk promote urban blight.

Construction of the first of nearly 500 four-foot-tall utility cabinets is scheduled to begin this morning by AT&T, eager to expand its U-verse fiber-to-the-neighborhood service in the city of San Francisco.

San Francisco’s Board of Supervisors voted 6-5 last Tuesday to allow AT&T to begin building the metal cabinets, which hold the interface between the company’s fiber optic network and individual subscribers’ copper phone lines.

Mark Blakeman, AT&T’s vice president of external affairs, wasted no time announcing the location for the first box, to be situated on La Playa in Outer Richmond.  AT&T promises to launch U-verse service in the area within six months.

Most of the company’s initially-proposed 495 cabinets will be located on public sidewalks or other nearby rights-of-way.  Unlike San Francisco’s other utilities, AT&T will be able to install its boxes above-ground.  That has brought years of criticism from neighborhood groups who decry the cabinets are ugly, block the view of pedestrians and vehicle traffic, and are magnets for graffiti.

For groups like San Francisco Beautiful, it’s just the beginning.  AT&T’s longstanding goal is to install more than 700 boxes across the city’s landscape.

“It is going to put the blight of 726 utility boxes on our streets,” San Francisco Beautiful spokesperson Milo Hanke said. “Utility boxes from AT&T that are ugly and in most instances we still believe they are unnecessary; they should be on private property.”

AT&T will roll out its U-verse service in different parts of the city in segments, starting with the Richmond and Sunset Districts.

AT&T anticipates taking at least two years to complete the project across the city, but claims it remains open to bypassing neighborhoods that simply refuse to accept its boxes.  AT&T might not have a choice, considering the agreement they have with city officials.

Neighborhoods must be given time to provide input to city officials before permits are issued to AT&T.  If a city supervisor in a particular district doesn’t like the boxes, the “memorandum of understanding” grants the politician ultimate veto power over AT&T’s permit requests.  That means AT&T will be forced to do a lot of hand-holding public relations throughout the city to win support for their equipment.

That’s something AT&T is not used to in other states, where the company has won the right through deregulation to install its equipment cabinets anywhere it pleases, so long as they are located in a public right of way.  That has left a series of 4-6 foot tall boxes in the front yards of consumers in states like North Carolina, with absolutely no recourse.

AT&T will install its "compact model" cabinet within city limits, not the 6' tall boxes some homeowners in other states contend with.

In California, regulators can require utilities screen equipment with plants, maintain boxes to remove graffiti and correct noisy cabinet fans, and give property owners some input about where the often-unsightly boxes end up.  But those regulations are only as good as those willing to enforce them.

San Francisco Beautiful notes AT&T boxes in nearly Oakland are often covered in graffiti for extended periods, reducing property values and promoting neighborhood blight.

Hanke claims last week’s agreement violates a 2005 city order from the Department of Public Works mandating utilities put their equipment underground wherever possible.

“The supervisors fell victim to AT&T’s bluster,” said Hanke. “This benefits a private company at the public’s expense.”

AT&T’s Lance Kasselman told the San Francisco Chronicle it won’t go where it isn’t wanted.

“Obviously, those who clearly want it will get it first,” Kasselman told the newspaper. “People who want it or don’t want it, or have questions and concerns, should tell us on our website. We’ll meet with whoever wants to talk about it.”

With a close 6-5 vote, some city supervisors are well aware of the public minefield that awaits them in neighborhoods that despise AT&T’s equipment.  With opponents calling on citizens to complain, Supervisor Scott Wiener (Castro/Noe Valley/Diamond Heights) knew he needed to prepare.

“This morning, I did a yoga class to clear my head before writing a letter to neighborhood associations in my district,” Wiener told the Chronicle.  “I’m trying to make sure people understand what (Tuesday’s Board of Supervisors) vote means.”

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/KGO San Francisco ATT Utility Boxes 7-19-11.flv[/flv]

KGO-TV in San Francisco covers the AT&T U-verse box controversy, and the Board of Supervisors’ decision to approve their installation.  (2 minutes)