Frontier Communications is trying to enforce an Internet Overcharging scheme it deleted from its Acceptable Use Policy months earlier, telling customers the company generously extended them an allowance “well above our usual 5GB monthly limit,” but using 100GB per month is “just too much.”

Customers in suburban Sacramento are the latest recipients of letters some are calling “extortion,” giving them seven days to call the company with a promise to cut back or move up to “the next price tier,” priced at $99.99 per month.

Ironically, some of Frontier’s customers receiving the letter say it’s the company’s own fault — they’ve been watching Frontier’s heavily promoted online video website, ‘my fitv.’

“You may not be aware that your specific usage has consistently exceeded 100GB over a 30-day period.  This is excessive for residential usage and more represents the amount of bandwidth usage of a typical business,” the letter says.  “If you wish to maintain your current pricing plan, you may work with us to reduce your Internet usage.  Another option is to move to the next price tier of $99.99 per month, which reflects your current average monthly usage.”

The letter adds if the customer does not make a decision, the company will terminate the account in 20 days.  No word if the customer is on the hook for an early termination fee amounting to more than $100 in most cases.

The customer who received the letter, who lives in Elk Grove and wishes to remain anonymous, was highly annoyed.  He sent Stop the Cap! a screenshot of Frontier’s new “Flexnet/Account Editor,” poorly documented on Frontier’s own website, which shows over the last three months, he only broke the invisible 100GB Frontier barrier once, by just 38GB.  For that, Frontier wants to more than double his monthly Internet rate for its DSL service.

The monthly usage limit was news to him… and us… and everyone else.

A well-placed source at Frontier tells Stop the Cap! the company is making the rules up as it goes.

“There is no set plan here — Frontier’s corporate office is testing the waters in different communities to see what kind of response they get,” our source says. “We have been quietly collecting usage statistics on our customers for a year now, and here and there we are chasing those outliers using far above the norm in order to keep our costs as low as possible.”

Our source adds the company wants to keep bad publicity to a minimum, so these kinds of Overcharging schemes are not publicized, and unless customers make a federal case out of it, most will simply reduce usage to avoid the overlimit rates.

“They absolutely do not want a big political stink over this, because it creates headaches and leaves customers with a negative impression about the company and that usually means a disconnect order will follow, usually taking all of their business somewhere else.  That’s why we usually are strictest in places where the customer has nowhere else to go.”

Our reader was perplexed by the letter, the policy, and his options, especially since Frontier does not disclose either a usage limit or a $99.99 plan on their website.

“The [representative] from Frontier told me that the monthly usage limit is 5GB. I told him this is not enough for checking e-mail and surfing the web and reading news.” our reader writes. “He did not answer [when I challenged him about this].”

But no worries, the representative told the Elk Grove customer. If he exceeded 100GB of usage again, he’d automatically be billed the $99.99 rate — no decision needed.

Our reader adds when he signed up, nobody told him about a monthly limit, and there is none disclosed on the website.  Stop the Cap! fought to remove Frontier’s 5GB usage limit from its Acceptable Use Policy for more than a year, finally succeeding earlier this year.  But now it appears Frontier wants to enforce limits anyway, with no disclosure and little recourse for customers who don’t have access to a competing provider.

Before our reader started watching online video, he used about 16GB per month just web browsing, checking e-mail, and downloading the usual software updates.

Didn’t that put him over Frontier’s invisible 5GB cap already?

“The representative told me if I kept it under 50GB a month, I’d be safe,” our reader writes.

So is the usage cap 50 or 100GB per month?

Our customer exceeded Frontier's arbitrary, unpublished usage cap just once in the last three months (click to enlarge)

Stop the Cap! called Frontier customer service three times this morning as a potential new customer.  The responses we received:

• “There is no usage cap I am aware of.”
• “We don’t limit your Internet service.”
• “I don’t understand what you mean when you say limit?  We don’t censor websites.”

Sandy, who also contacted Stop the Cap! also received a letter, and ironically blames Frontier for the usage.

Frontier's own video website was responsible for one customer using "too much" Frontier Internet service.

“I received a warning letter from Frontier for using too much Internet, but get this — all of the growth in my usage came after the company started promoting its new online video website, which my family has fallen in love with,” Sandy writes. “We hooked up a video box on our television, something Frontier helped us with, and we’ve been streaming my fitv a lot.”

“That is extortion plain and simple and is illegal under California state law, especially because the representative told us we’d be charged $99.99 the moment we went over the limit again, and we are on a two-year ‘price protection agreement’ Frontier says locks in our price, which is a lie,” Sandy says.

Her next call was to the California State Attorney General.  Sandy was told the office has already received more than a dozen complaints from Frontier customers in the Sacramento area alleging violations of California contract law.

Jeff, a Broadband Reports reader, also received a letter from Frontier and was told the company was getting plenty of pushback from angry customers.

“The tech guy said they just started metering and have been getting a ton of calls regarding the letters being sent out. He then asked if I got the 100GB or the 250GB letter, as apparently the 250GB warning letters were more severe stating to pay up or get cut off.  The 100GB letter stated they’d work with you to help ease usage or recommended a business plan. They said the “work with you to help with usage” was new and just added if you call within 7 days or else get cut off after 20 days.”

Jeff’s response to all this?

“Comcast is looking better every day now.”

So far, Frontier has not imposed its usage cap on its ex-Verizon FiOS customers.

“Putting a 5, 100, or even 250GB cap on a fiber optic connection would just be plain greed,” says our reader Ajai. “But of course, Frontier needs as much cash as possible to pay out those high dividends to shareholders that often exceed the company’s earnings.  There is nothing to like about this company, period.”

Frontier’s letters sound suspiciously similar to the enforcement letters sent to some of their customers in Mound, Minn. Those letters stopped after Stop the Cap! distributed copies to a wider national audience.  Our source at Frontier says the company doesn’t appreciate our help one bit.

“The higher ups on the corporate level despise your website, but they also pretend to dismiss you as an angry blogger that nobody reads,” our source says.  “I get a laugh out of that whenever I get another memo from the executive office basically delivering talking points to counter your arguments, so they very much do care what you and your readers say and apparently read Stop the Cap! regularly.”

For our source, it’s all “so stupid.”

“Trust me, a lot of guys who deal with customers every day want nothing to do with their usage caps which do nothing but infuriate customers,” he says. “They wonder why people are disconnecting Frontier landlines and taking their Internet business elsewhere — it’s policies exactly like these combined with pretty low speed DSL service which makes our customers easy pickings for our competitors.”

But not every customer has a choice.

“Where we own the broadband market, it’s too bad for customers — either ration your use, pay us double, or go without.  It is as simple as that.”

Copper thieves looking for quick cash, typically to finance drug habits, continue to plague telecommunications companies who find their networks literally stripped as brazen thieves rip utility lines right off phone poles.  Although these thefts eventually cost cable, phone, and electric utility customers money in the form of higher bills, taxpayers are increasingly paying the price for copper thefts affecting wireless communications networks.

That’s because emergency responders are increasingly placing communications equipment at existing commercial cell sites and radio communications centers, and when those networks go down communities pick up the tab and argue about the bill later.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WSOC Charlotte – Copper Thefts Costing Taxpayers 11-16-10.flv[/flv]

WSOC-TV in Charlotte visits Rock Hill to see how copper thefts are costing area taxpayers plenty.  (2 minutes)

Scrap copper wire - as good as gold

In Charlotte, N.C., copper thieves are targeting copper plates that can weigh up to 70 pounds used to ground cell and radio towers to protect them from lightning strikes.

Without them, towers and the equipment used to deliver service can be seriously damaged, leading to the loss of cell phone service and a county’s emergency radio system.  That can leave dispatchers unable to talk to police and firefighters.

Because of the importance of these communications systems, when plates go missing, York County taxpayers pick up the tab for replacing them.  That costs several thousand dollars every time the plates have to be replaced.

WSOC-TV in Charlotte noted while working on a story about the thefts, just one day after plates were replaced from one tower, they were stolen again.

New legislation designed to crack down on illicitly-obtained copper sold to recycling firms should have curtailed the ability for thieves to turn tons of copper into stacks of cash.  But despite new laws in states like California, legislation is only effective when it is enforced.  In northern California, budget cuts eliminated the one officer that devoted time and energy to stopping copper thefts in the Sacramento area.  A local television station went undercover and discovered the state might as well not even have a law, because they were able to obtain quick cash for copper… no questions, or ID, asked.

[flv]http://www.phillipdampier.com/video/KOVR Sacamento Copper Wire Rules Not Followed 11-16-10.flv[/flv]

KOVR-TV in Sacramento went undercover and discovered the futility of copper theft legislation that is not enforced.  (5 minutes)

High speed Internet, snail slow refunds

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

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

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

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

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

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

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

What is the story here?

The check is in the mail

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

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

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

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

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

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

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

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

Frontier Communications Statement:

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

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

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

— Stephanie Beasly, Communications Manager

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

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

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

Time Warner Cable’s shares tumbled on news that the nation’s second largest cable operator is likely to report it is losing subscribers tired of high cable prices in a tough economy.  These challenges are fueling press speculation the company is exploring a “broad alliance” with Cox Cable to join forces in an effort to reduce programming costs.

Bloomberg reports growth has slowed across the board at Time Warner.  The cable company blamed the weak economy for most of its troubles, suggesting the lack of new housing developments and home purchasers is responsible for a lot of the negative growth.

“Overall, I would say that the subscriber environment is very, very weak,” Chief Financial Officer Rob Marcus told investors at a Bank of America Corp. conference in Newport Beach, California. “We’re being negatively affected by very high rates of unemployment, high vacancy rates, both at the rental and the owned home levels, and really anemic new home formation.”

Growth has slowed across all Time Warner Cable’s businesses and because of that the company may see a loss in total customers, or what it calls primary service units, Marcus said.

Last quarter, the U.S. pay-TV industry lost basic-cable subscribers for the first time ever, according to research firm SNL Kagan.

Despite subscriber losses, Marcus calmed Wall Street reminding them the company expects to meet expectations for 20 percent growth in adjusted operating income thanks to a series of revenue-enhancing rate increases underway this year and declining costs in some areas of the business.

Reuters reported this week that Time Warner Cable was in the early stages of a discussion about a potential system swap affecting southern California that could blossom into a “broad alliance” on programming negotiations and potentially even a Time Warner buyout of Cox’s cable systems nationwide.

The Cox systems rumored to be at issue serve Irvine and San Diego and smaller properties in Santa Barbara and Rancho Palos Verdes.  Light Reading speculated Time Warner Cable wants Cox’s Irvine system to increase the size of its footprint in Orange County and Cox would get Time Warner’s San Diego system.

Reuters speculated Time Warner Cable would also negotiate programming carriage contracts on behalf of Cox, just as they currently do with Bright House Networks.  A combination of all three systems could deliver programmers carriage commitments for more than 20 million subscribers across all three systems.  That is still a few million short of Comcast, but easily worth significant volume discounts on programming.

A few industry reports shared rumors Time Warner Cable would eventually buy out the Cox family, which privately owns Cox Cable, and combine those cable properties under the Time Warner Cable name.

But in today’s political climate, and concerns about market power and concentration, such a combination would likely face considerable scrutiny from regulators.

Tim Conway's "Old Man" character from the Carol Burnett Show would be right at home using the Internet in these areas.

Nick Saint at the Business Insider has been sifting through some of the raw data released last week by the Federal Communications Commission regarding broadband service in the United States.  He’s managed to identify the 10 worst counties in America for broadband service based on statistics from 2008.  But two of those probably should have never been on the list.  More on that later.

Harrison County, Mississippi — A single pond in Harrison County is the only known habitat of the critically endangered dusky gopher frog.  It doesn’t have broadband, and neither do most of the residents of this beleaguered part of southern Mississippi.  The cities of Gulfport and Biloxi are in Harrison County, an area torn up by hurricanes from Camille to Katrina.  Now, the beaches are coated in BP oil.  Harrison County can’t get a break. Cable One and AT&T are the primary providers.  Cable One’s dreadful service only reaches well-populated areas and AT&T has taken its sweet time expanding DSL service in the area.

Imperial County, California — The nation’s lettuce basket, Imperial County communities live on a very low fiber-optic diet.  While the soil is rich for crops, the people who plant and harvest them are not.  El Centro, the biggest city, has some broadband available, but with the city having the nation’s highest unemployment rate (27.3 percent), many can’t afford it.  Once in farm country, cable doesn’t offer service and DSL is hard to come by.

Corson County, South Dakota — Representative of the pervasive problem of broadband unavailability on Native American lands, a large part of Corson County includes the Standing Rock Indian Reservation.  Saint notes the FCC found just 12.5 percent of Native Americans subscribe to broadband service, compared to 56 percent of the rest of us.

Ector County, Texas — Odessa’s hometown America-charm was put on display for all to see on NBC’s Friday Night Lights, which celebrated small town high school football.  The reality is less exciting.  Like Harrison County, Ector residents are stuck with Cable One, which loves Internet Overcharging schemes and spied on its Alabama broadband customers.  Good ole AT&T grudgingly provided DSL, if you could get it, until mid-2009 when U-verse finally started to show up.  Now large parts of the county outside of Odessa can’t get that either.

San Juan, Puerto Rico — Usually considered an afterthought by American telecommunications companies, Puerto Rico has long suffered with low quality service.  Caribbean Net News: “Puerto Rico’s broadband penetration rate is unacceptable, with less than 40% of households subscribing to broadband services”, said Carlo Marazzi, President of Critical Hub Networks. “While there are many factors at play, broadband in Puerto Rico is simply too expensive and too slow, when compared to the rest of the nation.  Broadband Internet service in Puerto Rico is 60% more expensive and 78% slower than the United States national median. In a report published this year by the Communication Workers of America (CWA) which ranked broadband speeds in the 50 states, Puerto Rico and the District of Columbia, Puerto Rico was ranked in last place (52nd place).

Jasper County, Missouri — Saint noted 18 percent of Jasper County lives below the poverty line, which is not exactly attractive to broadband investment.  Jasper County’s broadband needs are barely met by a cable provider, AT&T, and for some, an electric utility operating a Wireless ISP, providing service where cable and DSL don’t go.  For Jasper County residents, the challenge can be cost as much as access.

Appomattox County, Virginia — Every student known Appomattox was the last stand of Confederate leader Robert E. Lee during the Civil War.  Today, residents there are worked to their last nerve because they can’t easily obtain high speed Internet.  There is no DSL service from the phone company and only limited cable service.  But at least the county is trying.  Let’s let John Spencer, assistant county administrator, tell you in his own words what Appomattox County is doing to deliver broadband for its 14,000 residents:

Bristol Bay Borough, Alaska — The epitome of rural America, large swaths of Alaska are dependent on subsidies paid from the Universal Service Fund for basic telephone service.  Outside of large cities, cable television is a theory.  Telephone company DSL service and wireless are the predominate broadband technologies in rural, expansive Alaska.  For many areas, both are awful.  Bristol Bay Borough is known as the “Red Salmon Capital of the World,” if only because there are far more salmon than there are fishermen to catch them.  Internet access for many of the area’s 953 residents means a trip to the Martin Monsen Library, which offers free Wi-Fi for limited access. If you want Internet at home, it will cost you plenty: