AT&T is ingratiating itself with both sides of the political divide, as the Democratic National Convention Committee names the company the “official carrier” of the convention.

While that is likely to bring good will for AT&T among convention delegates, politicians, and their families, Charlotte, N.C. residents are also welcoming the major upgrades that are coming with AT&T’s presence at the event.

The phone company is installing at least 50 micro-tower antennas atop light poles in downtown Charlotte, designed to boost capacity for both AT&T’s Wi-Fi and cellular networks. Another 10 mobile cell towers will be in place during the event to accommodate the anticipated 35,000 visitors attending the convention at Time Warner Cable Arena.

Craig Moffett, a Wall Street analyst working for Sanford Bernstein, just loves Verizon Wireless’ new calling plans, which he believes will help Verizon grow profits when most Americans already have a cell phone.

Verizon’s move “is the most profound change to pricing the telecom industry has seen in twenty years,” Moffett told the Associated Press.

Bernstein believes that cell phone companies can keep boosting the all-important “average revenue per user,” or ARPU, by shifting price hikes for services consumers are now using the most. That means wireless data which Bernstein sees as a growth industry. In contrast, customers are using their phones less than ever for making phone calls and sending text messages.

Verizon Wireless CEO Lowell McAdam agrees, telling an investor conference customers will end up paying more money to Verizon than ever before.

Moffett

“Is it going to cost them more money? Yeah, but it will probably shift their wallet spend from things they do individually into a bucket of gigabytes,” McAdam said. “The relationship will change. This will be something much more ingrained in their life as opposed to something that’s attached to their hip.”

Verizon’s “Share Everything” may become ingrained in customers’ wallets when it launches June 28, eliminating voice minute and text message allowances but increasing pricing for data. The cheapest smartphone plan will now run $90 a month. For customers who already pay for unlimited voice minutes and texting and avoid using too much wireless data, the new price will be lower than current Verizon plans. But for those who traditionally choose a calling minutes allowance and send a limited number of text messages, prices under the new plan will be going up by $10-20 a month.

Verizon also hopes to capture an increasing share of wireless data for portable devices. Consumers have typically avoided 3G/4G-capable add-ons for devices in favor of Wi-Fi-only, to avoid the separate data plans that are usually required. Verizon hopes customers will consider spending more on wireless network-capable tablets and laptops that can be added to their existing Verizon accounts. Adding a tablet will cost an extra $10 a month, $20 for a portable 3G/4G wireless modem for a laptop. Data usage will be shared from their existing data plan.

Moffett expects the new plan from Verizon, and a forthcoming one expected from AT&T, to solidify both companies’ dominance in the wireless market.

“In a household with two or three AT&T or Verizon devices — say, a smartphone and a tablet or two, and one device from T-Mobile or Sprint. Sprint doesn’t stand a chance,” Moffett said.

[flv]http://www.phillipdampier.com/video/CNBC Verizon Wireless Plans 6-12-12.flv[/flv]

CNBC talks with Public Knowledge’s Michael Weinberg about the “consumer benefits” of Verizon’s new wireless plans, which Weinberg suggests are few and fleeting.  (3 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Is Wi-Fi Dead 6-12-12.flv[/flv]

CNBC wonders if Wi-Fi is dead as Verizon and AT&T encourage customers to use 3G/4G wireless data instead of more local Wi-Fi networks.  (3 minutes)

The New York State Attorney General has argued that Sprint’s failure to pay at least $100 million in owed sales taxes to New York taxing authorities may leave its customers in the state on the hook for past taxes, interest, and fees the company never paid.

As the state continues its lawsuit against Sprint-Nextel for what it argues is deliberate underpayment of New York sales tax, Sprint’s lawyers argued Thursday that the entire case should be dismissed because the state is selectively interpreting state and federal law.

The case originally began as a whistleblower action through a private company, Empire State Ventures, which is seeking a 25% share of any lawsuit proceeds. N.Y. Attorney General Eric Schneiderman is seeking $300 million in damages from Sprint for knowingly violating tax laws.

A review of the lawsuit shows there are serious implications for Sprint’s customers in New York if the company loses the suit or fails to pay sales taxes the state claims are owed.

Over three million current and former Sprint customers could be liable for sales tax underpayments representing a portion of their monthly bills dating back to 2005, potentially including accumulating interest charged at 14.5% annually, and penalties amounting to double the amount of the unpaid taxes or up to 30 percent of the underpayment.

Sprint has also misled millions of New York customers who purchased Sprint flat-rate plans. In its customer contracts, on its website and elsewhere, Sprint represented that it would collect and pay all applicable sales taxes. Yet Sprint did not, and it concealed this fact from its New York customers. As a result, Sprint exposed these customers to the risk of having to pay the unpaid taxes, for they are also liable under the law if Sprint fails to pay.

Although Sprint misrepresented how it would handle sales taxes, it has locked its customers into contracts with early termination fees. The customers must remain in these contracts sold under false pretenses unless they pay hundreds of dollars to Sprint.

Schneiderman

Schneiderman’s office appears to have a strong case, with evidence showing Sprint allegedly conspiring to undertax customers using an arbitrary formula to gain a competitive advantage over other wireless carriers with the promise of a lower monthly bill, in part because the company was not collecting the proper amount of state sales tax.

The lawsuit claims Sprint repeatedly ignored warnings from state taxing authorities, including senior tax officials, that declared Sprint’s creative way of determining applicable taxes was putting the company at serious risk of adverse tax department action.

That adverse action came in April when the state filed the lawsuit against Sprint seeking back taxes and triple damages.

A careful reading of the lawsuit reveals just how much bureaucracy America’s wireless industry maintains to seek out any edge it can find against regulators, tax authorities, and local, state, and federal elected officials.

Sprint, the third largest wireless company in the country, can afford to maintain that bureaucracy with $33 billion in annual revenues partly at stake.

Wireless Industry’s Tax Employees Go to Vail to Ski Discuss Tax-Avoidance Strategies

The wireless industry employs hundreds of workers who spend their days pouring over tax laws in all 50 states looking for loopholes, strategies, and creative solutions to the ongoing problem of paying local, state, and federal taxes. Sprint, a considerably smaller wireless carrier than either Verizon or AT&T, still has the resources to maintain more than 100 workers in their State and Local Tax Group. It includes a well-defined management chain, with an assistant vice-president that runs the unit reporting to Sprint’s vice president of Tax, who, in turn, reports to Sprint’s chief financial officer.

These employees, and similar ones working at every other wireless phone company, try to figure out how to pay the least amount of owed tax possible, and kick tax strategies around in regular sessions and conferences at posh resorts in places like Vail (come for the corporate meeting, stay for the skiing), Colorado.

At the 2002 Communications Tax Executive Conference in Vail, Sprint executives told other wireless carriers that tax avoidance strategies like “unbundling” posed risks of audits by taxing authorities and litigation.

The wireless industry sends their tax experts to posh resorts in Vail, Colorado to discuss tax-avoidance strategies.

The following year, a Sprint executive turned up at another industry-backed conference run by “the Wireless Tax Group,”  alerting other wireless companies that “unbundling for taxes causes significant assessment risk.” He told the group that his “marching orders” at Sprint were to “mitigate tax issues by pursuing legislation or pre-audit agreements that allow for component taxing.”

In Schneiderman’s view, Sprint never followed those marching orders in New York.

In fact, the lawsuit argues even as Sprint was lecturing other phone companies about the importance of being conservative when dealing with tax authorities, the company was conspiring to use its own creative tax interpretations to undercut their competitors with a lower monthly cell phone bill.

How to Lower Your Prices Without Risking Profits

The technique Sprint uses to this day to hand customers that lower bill is based on selectively applying sales taxes only to certain portions of a customer’s voice plan. Sprint is the only company engaged in this practice in New York. Verizon, T-Mobile, Cricket, AT&T, and MetroPCS won’t go near the concept.

New York tax law says that phone companies must collect taxes on the monthly voice plans wireless companies sell customers. If Sprint sells you 450 minutes a month for $39.99 a month, New York taxing authorities expect customers will be charged the prevailing state and local tax rate on the fixed amount of $39.99 each month. Only Sprint does not do this. Sprint leverages federal rules which state that telephone calls placed to numbers outside of the state (also known as an “interstate call”) cannot be taxed. Therefore, in Sprint’s view, customers deserve a tax break for those interstate, non-taxable calls.

But Sprint does not actually review individual calling records to figure out what specific out-of-state numbers were called. Instead it created what New York officials argue is “an arbitrary formula” to guesstimate how much the average customer spends talking to in-state vs. out-of-state numbers. But those percentages varied wildly from 2005 to the present day, with different amounts for Sprint-Nextel customers living in upstate and downstate New York:

• July 2005-October 2008: Sprint did not pay state or local sales taxes on 28.5% of its fixed monthly voice service charge;
• April 2006-October 2008: Nextel of New York did not pay state or local taxes on 13.7% of its fixed monthly voice service charge;
• May 2006-October 2008: Nextel Partners of Upstate New York did not pay state or local taxes on 15% of its fixed monthly voice service charge;
• October 2009-Present Day: Sprint does not pay state or local taxes on 22.5% of its fixed monthly voice service charge.

Here comes the taxman.

In January 2005, an internal Sprint memo obtained by New York State found the company could save $4.6 million per month using this tax avoidance strategy, without costing the company a cent in profits.

It implemented the strategy later that summer.

New York’s lawsuit makes it clear the company was warned about the practice before the suit was filed:

Sprint continues to not collect and pay New York state and local sales taxes on the full amount of its receipts from its fixed monthly charges for wireless voice services, despite being specifically informed of the illegality of this practice by a field-auditor of the New York Tax Department in 2009, and then, in 2011, by a senior enforcement official of the New York Tax Department.

Customers Caught in the Middle?

As the case winds its way through court, New York has informally put Sprint customers on notice they could be held responsible for the unpaid taxes and penalties if Sprint reneges on the owed amounts. Schneiderman’s office recognizes customers are caught in the middle, partly because Sprint decided to keep the tax changes “secret” to keep customers off the phone to Sprint customer service:

[…] In its contracts with these customers, on its website and elsewhere, Sprint represented that it would collect and pay all applicable sales taxes on its calling plans. […] Sprint’s representations in the contracts, on its website and elsewhere were false because Sprint knew it would not collect and pay the applicable sales taxes in New York.

Contrary to its promises, Sprint failed to collect and pay sales taxes on substantial portions of the fixed monthly charges for voice services under its flat-rate calling plans. As a result of this non-payment, Sprint left its New York customers liable for those unpaid amounts of sales taxes under New York law.

At no point did Sprint disclose to its New York customers that it was leaving them liable for the sales taxes that Sprint failed to collect from the customers and pay to the government, as promised.

Before Sprint began unbundling, members of its State and Local Tax Group and its marketing group considered in the early part of July 2005 whether to communicate with customers about the fact that Sprint was unbundling and that the unbundling would affect taxes for some customers. They jointly opted not to communicate the change. Sprint’s Director of External Tax was concerned that disclosing the information would “drive too many calls” to Sprint’s customer care division.

In November 2005, just months after Sprint began unbundling, a Sprint employee in the Customer Billing Services department questioned a member of Sprint’s State and Local Tax Group about whether unbundling was “presented to the customer as part of the Subscriber agreement, shown in the invoice and/or available to Customer Care Rep.” The response was simply that “we have not educated our customers on how we are de-bundling transactions for their tax relief.”

Sprint continues to misinform its current and prospective customers about sales taxes, and to subject them to undisclosed sales tax liability even today.

Sprint’s position in court is that New York’s tax laws give the company the option of unbundling its tax obligations and that the state was trying to collect money it was not owed.

“The New York Attorney General’s complaint seeks to impose liability for practices that do not violate New York law,” said Sprint’s response to the lawsuit.

Luckily for Sprint’s tax experts, many states foreclose the possibility of creatively escaping taxes by imposing a “gross receipts tax” on the total gross revenues of a company, regardless of their source. That makes it difficult, if not impossible to escape the kind of sales taxes Sprint has been maneuvering around for nearly a dozen years in New York. With fewer loopholes to find, that leaves the wireless industry’s tax experts more time on the ski slopes.

It is safe to assume Sprint hopes for a positive outcome of the case, if only to avoid the inevitable avalanche of customer complaints from New York customers who might find a notice of apparent tax liability in their mailbox one day in the future.

Canadians: Get ready for more cell towers in your neighborhood.

Industry Canada’s fuzzy math threatens to allow cell phone companies to erect new cell towers in some of the country’s most scenic areas, which often coincidentally offer the best reception.

Residents in Pontiac, Quebec are learning that first-hand, as Industry Canada approves a controversial proposal from Vidéotron to install an 82-meter cell tower in the middle of a vista that tourist officials use in brochures to promote travel in the Ottawa River region.

It turns out the regulator now only considers an antenna’s base as a factor in determining whether to approve a new cell tower. That base amounts to just one square meter, “too small” by Industry Canada’s standards to conduct an environmental assessment. No matter that the antenna will tower nearly 270 feet into the skyline. Industry Canada is only interested in measuring the three legs of the tower (each leg is evaluated individually, not collectively), and at just one tiny meter, it isn’t worth their time.

That means local residents will have to contend with a new tower 25-stories high. As the Ottawa Citizen puts it, Vidéotron’s tower is smaller in the government’s eye than any pre-fabricated garden shed from Home Depot, which often requires a permit to install.

The new tower will be installed on Hurdman Heights, much to the consternation of area residents and naturalists opposed to its presence, ruining what many call the most scenic place in the region.

The local government of Pontiac has opposed the new Vidéotron tower since it was first announced, but the cable/wireless company pulled an end run around the municipality claiming there was a negotiating impasse and local officials would not meet to work it out, a good enough reason for the regulator to approve the new tower. Pontiac Mayor Eddie McCann says there was no impasse and the local council has been trying hard to reach a deal with the telecommunications company and never cut off talks:

Verizon Wireless unveiled their new “Share Everything” Plans this morning, claiming consumers wanted “simpler, easier-to-understand” plans that let them share their data plan across multiple devices:

But a closer examination of the plans, to be introduced June 28, shows many Verizon customers will face substantially higher cell phone bills if they choose one of Verizon’s newest plans. Perhaps more importantly, customers upgrading to a new subsidized phone/contract renewal on or after that date will be forced to forfeit any grandfathered unlimited data plans they still have with Verizon.

“It is an effort to move ARPU up,” Walt Piecyk, an analyst with BTIG LLC in New York told Bloomberg News, referring to average revenue per user, a measure of how much each customer spends each month.

Obviously acknowledging that customers are using fewer voice minutes and are increasingly finding ways around text messaging charges, Verizon’s new plans sell customers on the idea they can now talk and text as much as they want, but as far as data is concerned, customers will potentially pay much more for less service.

Those light on talking and texting are most likely to be hit hardest by the new cell phone plans.

Verizon formerly charged $50 a month for a basic Nationwide Talk Share plan that included 700 shared voice minutes. Smartphone users also paid $29.99 a month for unlimited data. Together, that amounts to $80 a month. Under Verizon’s $40 “Share Everything” Plan, customers can talk and text all they want, but their unlimited data plan is gone, replaced with a 1GB basic plan for $50. That costs $10 more than customers used to pay on Verizon’s 700 minute plan with an unlimited use data plan. Need 2GB a month? Add an extra $10, bringing you a Verizon phone bill of at least $100 a month for the first line on your account, before taxes and fees.

Other family member lines may also be hit. Verizon used to charge $9.99 a month for extra lines on a shared account. The new price is $30 for a basic phone, $40 for a smartphone. Those family members with smartphones on an older Verizon account each would also incur $29.99 a month for their own individual data plan, which was also unlimited.

Although the base fee for the additional line with a data plan still remains around $40 a month, family members will be forced to share the primary line’s data bucket. Customers will quickly find a 1GB data plan is not going to last long on an account with two or three smartphones. That means expensive upgrades, which start at $10/GB.

Accounts with a mix of smartphones and basic phones face an even stiffer price hike. The $9.99 a month customers used to pay for a basic phone for grandma will now run $30 a month. She won’t be talking or texting much, so the extra features built into Verizon’s new plan will represent a pointless $20 monthly rate increase and an invitation to set grandma up with her own prepaid cell phone instead.

Verizon’s new “Share Everything” concept clearly builds major profits into Verizon’s future:

• Customers are forced to pay for unlimited voice and texting services, even as those services lose popularity, costing Verizon little to nothing;
• Data customers are encouraged to add additional devices to their account, but as more data gets used, ongoing upgrades to your data plan at an increment of $10/GB or more will be required;
• Customers considering a new Apple iPhone or other smartphone will be forced to forfeit any existing unlimited data plan to upgrade, which guarantees future profits from customers consuming increasing amounts of data.