Comcast is being sued for deceptively advertising cable packages at a low price, but actually charging much more because of compulsory “junk fees” that customers cannot avoid.

Plaintiffs’ lawyers Dan M. Hattis of Bellevue, Wash., and Jason Skaggs of Palo Alto, Calif., jointly brought the class action case against the cable company, asking a judge to force Comcast to stop charging the fees and return all of its “unjust profits” to impacted subscribers.

“Comcast promises to charge customers a fixed monthly price for the service plans, but in fact Comcast charges a much higher rate for those plans via concealed and deceptive ‘fees’ which Comcast intentionally disguises in both its advertising and in its customer bills,” the attorneys complain. “These illegal and deceptive fees, which Comcast calls the Broadcast TV Fee and the Regional Sports Fee, earn Comcast over $1 billion each year, accounting for approximately 15% of Comcast’s annual profits.”

But in fact Comcast’s bill padding goes well beyond its TV and sports programming surcharges. No other cable company has mastered the art of the surcharge and fee better than America’s largest cable operator. Consumer advocates in California complain those fees can now cost an average subscriber in that state more than $40 a month.

“Although Charter Communications and Cox — California’s other major cable operators — also charge many of these fees, Comcast pioneered most of them and charges more than any other cable operator,” claimed Geoff Nawasaki, a San Mateo resident that has filed complaints against Comcast for several years. “A class action lawsuit is long overdue.”

Once Comcast establishes a new fee or surcharge, the company often boosts those fees dramatically over a very short time. Vaughn Aubuchon has been tracking Comcast’s rates in the Monterey Bay area of central California since 2010 and has documented Comcast routinely increasing its junk fees by as much as 1,000%. But most regulators and members of Congress may not realize how much customer bills are increasing, because the rate card Comcast shares with Washington and the general public doesn’t typically include the extra fees.

Aubuchon has documented significant spikes in Comcast’s prices, even though the company is still promoting packages costing $79-89 a month for new customers. But once those customers open their first bill, the advertised price no longer matters.

Hattis and Skaggs’ 2016 lawsuit documents Comcast’s online order system making no mention of its mandatory surcharges and fees. In fact, even Comcast’s fine print fails to mention the exact amount customers will pay in surcharges. According to Comcast, you have to already be a Comcast customer to review your local rates.

Aubuchon’s rate tracking shows just how lucrative Comcast’s billing tactics have become to the cable operator, especially since 2014:

• XFINITY TV cost $80.94 in 2010. As of August, the rate is now $102.98 — more than $20 a month more.
• XFINITY INTERNET cost $47.95 including the $5 modem rental fee in 2010. Today, that price is $68.95 a month, and the modem rental fee has doubled. That’s another $20 more a month.
• Comcast now charges Aubuchon $6 a month for its Broadcast TV Surcharge and $5 a month for sports programming — an extra $11 month that wasn’t there in 2010.
• After adding up all the fees and surcharges, Aubuchon’s bill went from $135.58 in 2010 to $196.65 today — $62.23 more a month.

Aubuchon

Some of the biggest recent hidden rate hikes have come from Comcast’s Broadcast TV Fee and Regional Sports Fee.

“In the Sacramento area in July 2016, Comcast increased the Broadcast TV Fee by 54% from $3.25 to $5.00, and tripled the Regional Sports Fee from $1.00 to $3.00,” the lawsuit notes. “Then, just three months later in October 2016 Comcast increased the fees yet again to $6.50 for the Broadcast TV Fee and $4.50 for the Regional Sports Fee.”

“Comcast has admitted these invented fees are actually just price increases for broadcast channels and sports channels in its cable television packages,” the lawsuit claims. “But Comcast intentionally does not include the cost of these fees in its advertised or quoted rates for those channel packages, in order to mislead customers into thinking that they will pay less than Comcast will actually charge them.”

The plaintiffs also argue Comcast is intentionally deceptive to customers questioning the ballooning fees on their cable bills.

“Comcast staff and agents explicitly lie by stating that the Broadcast TV Fee and the Regional Sports Fee are government-related fees or taxes over which Comcast has no control.”

A Guide to Comcast’s Junk Bill-Padding Fees

• Broadcast TV Fee (up to $7.50): Ostensibly the cost of retransmission consent fees required to carry free, over the air stations on Comcast’s lineup. The amount varies depending on the fees paid in each local market, with a significant likelihood Comcast rounds those amounts up in ‘friendlier’ $0.25 increments. Introduced in 2014.
• Digital Adapter ($3.99): Originally $1.99/mo when introduced in 2014, the fee covers the rental of a basic set-top box to continue receiving Comcast’s encrypted digital cable TV service on older “cable-ready” analog televisions that did not require a cable box in the past.
• Gateway Rental ($10): This is the monthly rental fee for your cable modem, “gateway,” or Wi-Fi enabled router. You can buy your own equipment and avoid this fee. Recently, Comcast has offered customers a waiver of equipment charges if they upgrade to an X1 set-top box. But in practice the rental fees are stopped for your existing equipment only because Comcast has started charging rental fees for the new equipment it bundles with the upgrade.
• HD/DVR Rental Fees (up to $10 a month for equipment you cannot buy outright yourself).
• HD Technology Fee ($9.95): for viewing HD content on a set-top box you already pay up to $10 a month to use.
• Service Protection Plan ($5.99): Was $1.45 (or less) per month for years until Comcast started hiking the price five years ago. Went from $1.99 in early 2012 to $5.99 in August 2017. Many customers sign up out of fear they will be charged between $36.50-$70 for a home visit from a Comcast technician dealing with a service problem. In reality, all the Service Protection Plan covers for certain is inside wiring that does not travel within a wall and protection from in-home service call fees.
• Regional Sports Fee (up to $5): A way to pass on sports programming costs to every subscriber without boosting the published rate for cable television.

Comcast’s Service Protection Plan = “Service Call Extortion Insurance”

Comcast’s $5.99/month Service Protection Plan has been called “extortion insurance” by some customers who buy the plan to avoid Comcast’s notorious service charges for in-home service calls. Unlike many other cable companies, Comcast charges customers to visit their homes for any reason other than a true, company-caused service outage. A 2016 lawsuit in Washington alleged Comcast’s process for determining whether a service call is charged or free is subjective and frequently at the whim of the technician, who enters “fix codes” at the end of a service call. Some “fix codes” are free, others trigger service call visit fees. The lawsuit claims, “Comcast does not formally train the technicians on what each fix code means.”

Comcast customers that have faced the sting of an unwarranted service call charge often readily agree to Comcast’s sales push for its Service Protection Plan, which normally waives those fees. It doesn’t take much to trigger those fees. The Washington lawsuit noted that if a Comcast technician talks to the customer about how to use their DVR, program a remote control, reset their cable modem, or use Wi-Fi, it is considered “customer education,” which results in a service call charge.

“Thus, if a technician fixes a broken Comcast cable box but also provides ‘customer education’ during the service call, the customer will be charged for the service call if the technician applies the customer education code because customer education fix codes are chargeable,” the lawsuit said. “This occurred 2,078 times between 17 June 2014 and June 2016 [in Washington State].”

Customer education fees are waived for those who pay for Comcast’s Service Protection Plan.

AT&T, Verizon Wireless, Sprint, and T-Mobile are sending technicians to hundreds of cell sites across Florida to top off fuel generators, test back up batteries, and protect facilities from Hurricane Irma’s anticipated storm surge and associated flooding.

“Customers rely on us, especially during major storms,” said Joe York, AT&T Florida president. “That’s why we practice readiness drills and simulations throughout the year. We do all we can to have our networks prepared when severe weather strikes. We’ve worked for the past few days to position equipment and crews to respond to the storm. We’re closely linked with Florida public officials in their storm response efforts. With a storm of this size, we may have some outages. But if service goes down, we’ll do all we can to get it back up as fast as possible.”

With landfall possible along the Florida coast or inland, Verizon pointed out that in Florida, since last hurricane season, it has densified its network with 4G, fortified coverage along evacuation routes, put cell sites equipment on stilts and installed new systems in hospitals, government and emergency facilities, and high-traffic public areas.

“The country is only beginning to wrestle with recovery efforts from Harvey, and already, residents of Florida and the Caribbean are bracing for another potentially devastating storm in Hurricane Irma,” said Sprint CEO Marcelo Claure. “During times like these, the cost of staying connected to friends and loved ones should be the last thing on anyone’s mind, and we want to do what we can to support our customers across impacted areas.”

Hurricane Irma’s impact on Puerto Rico.

AT&T and Verizon Wireless are positioning portable cell tower trailers just outside of areas anticipated to take the brunt of the hurricane. AT&T in particular has a lot to prove as its network now includes FirstNet — a public private wireless broadband network for emergency responders that also depends on AT&T’s wireless networks. States are still in the process of opting in to AT&T’s FirstNet. The company has more than 700 pieces of emergency cellular equipment, including Cell on Wheels, Cell on Light Trucks, portable trailers and generators, and even the possibility of deploying Cells on Wings — airborne cell towers that can restore cell service in areas where roads are inaccessible because of floods.

Wireline companies are also positioning repair crews in the region to bring service back online. Other technicians are checking on emergency generator and battery backup power, particularly for maintaining landline service.

“Our team is working to prepare for extreme weather and will be there for our business and residential customers to quickly and safely restore any affected network services,” reports Frontier Communications, which provides service in former Verizon landline service areas.

The phone company is reminding landline customers that not all phones will operate during a power outage, but that does not mean Frontier’s landline network is down.

“Customers who rely on cordless phones should consider plugging a traditional corded phone directly into the wall. In the event of a commercial power outage, corded phones on the copper network will still operate; cordless ones will not,” the company says. “If commercial power is unavailable, generators and batteries in Frontier’s central offices serve as a backup. Phone lines generally will have enough power in them to use a corded phone. For customers using FiOS phone services, the battery backup will supply voice service for up to eight hours.”

The company also warns customers to watch out for damaged utility lines after the storm is over.

“Stay far away from any downed cables or power lines. Contact Frontier at 800-921-8102 (business) or 800-921-8101 (residential) to report any fallen telephone poles or cables.”

Some companies are offering customers a break on their bills:

• Verizon: Landline customers will not pay any long distance charges for calls to Anguilla, the British Virgin Islands, Puerto Rico, Dominican Republic, Haiti, and the Turks and Caicos Islands from Sept. 6-9. Taxes and any government surcharges applicable will still apply. Verizon Wireless customers inside the U.S. will not be charged for texts or calls originating in the U.S. to those same countries and territories for the same period.
• T-Mobile and MetroPCS customers in affected areas of Puerto Rico:  Will get calls, texts, and unlimited data free from Sept. 6th through Sept. 8th. This free service will be available to customers in the 787 and 939 area codes.
• Sprint: Effective today through Sept. 9, 2017, Sprint will waive call, text and data overage fees for its Sprint, Boost Mobile and Virgin Mobile customers in Puerto Rico and the U.S. Virgin Islands. For Sprint, Boost Mobile and Virgin Mobile customers in the U.S., the company will also waive all international call and text overage fees to the following: Anguilla, Dominican Republic, Haiti, Turks and Caicos, and British Virgin Islands. For the same period, Sprint will also waive roaming voice and text overage fees for its customers in those locations. Fees will be waived during the time specified.
• Comcast: Opening more than 137,000 XFINITY Wi-Fi hotspots throughout Florida to anyone who needs them, including non-XFINITY customers, for free. For a map of XFINITY Wi-Fi hotspots, which are located both indoors and outdoors in places such as shopping districts, parks and businesses, visit Xfinity.com/wifi. Once in range of a hotspot, select the “xfinitywifi” network name in the list of available hotspots and then launch a browser. Comcast internet customers can sign in with their usernames and passwords and they will be automatically connected to XFINITY Wi-Fi hotspots in the future. Non-Comcast internet subscribers should visit the “Not an Xfinity Internet Customer” section on the sign-in page to get started. Non-customers will be able to renew their complimentary sessions every 2 hours through Sept. 15, 2017.

AT&T Offers These Customer Tips:

• Keep your mobile phone battery charged. In case of a power outage, have another way to charge your phone like an extra battery, car charger or device-charging accessory. Applicable sales tax holidays are a great time to stock up on cell phone accessories.
• Keep your mobile devices dry. The biggest threat to your device during a hurricane is water.  Keep it safe from the elements by storing it in a baggie or some other type of protective covering, like an Otterbox phone cover.
• Have a family communications plan. Choose someone out of the area as a central contact.   Make sure all family members know who to contact if they get separated. Most importantly, practice your emergency plan in advance.
• Program all of your emergency contact numbers and e-mail addresses into your mobile phone. Numbers should include the police department, fire station and hospital, as well as your family members.
• Forward your home number to your mobile number in the event of an evacuation. Call forwarding is based out of the telephone central office. This means you will get calls from your landline phone even if your local telephone service is disrupted. If the central office is not operational, services such as voicemail and call forwarding may be useful.
• Track the storm and access weather information on your mobile device. Many homes lose power during severe weather. You can stay up to speed as a DIRECTV customer, by streaming local weather channels using the DIRECTV application on your smartphone. If you subscribe to mobile DVR, you can also stream every channel directly to your phone.
• Camera phones provide assistance. If you have a camera phone, take, store and send photos and video clips of damage to your insurance company.
• Use location-based technology.  Services like AT&T Navigator and AT&T FamilyMap can help you find evacuation routes or avoid traffic from downed trees or power lines. They can also track a family member’s wireless device if you get separated.
• Limit social media activity. Keep social media activity to a minimum during and after a storm to limit network congestion and allow for emergency communications to go through.

Business Tips:

• Set up a call-forwarding service to a backup location. Set up a single or multiple hotline number(s) for employees, their families, customers and partners so they all know about the business situation and emergency plan.
• Back up data to the Cloud. Routinely back up files to an off-site location.
• Outline detailed plans for evacuation and shelter-in-place. Practice these plans (employee training, etc.). Establish a backup location for your business and meeting place for all employees.
• Assemble a crisis-management team. Coordinate efforts with neighboring businesses and building management. Disasters that affect your suppliers also affect your business. Outline a plan for supply chain continuity for business needs.

Keeping the lines open for emergencies:

During evacuations, the storm event and its aftermath, network resources will likely be taxed. To help ensure that emergency personnel have open lines, keep these tips in mind:

• Text messaging. During an emergency situation, text messages may go through more quickly than voice calls because they require fewer network resources. Depending on your text or data plan, additional charges may apply.
• Be prepared for high call volume. During an emergency, many people are trying to use their phones at the same time. The increased calling volume may create network congestion, leading to “fast busy” signals on your wireless phone or a slow dial tone on your landline phone. If this happens, hang up, wait several seconds and then try the call again. This allows your original call data to clear the network before you try again.
• Keep non-emergency calls to a minimum, and limit your calls to the most important ones. If there is severe weather, chances are many people will be attempting to place calls to loved ones, friends and business associates.

Additional information and tips for disaster preparedness can be found at www.att.com/vitalconnections.

Comcast claims 93% of families participating in its affordable internet service for the income-challenged report an improvement in their children’s grades at school.

That result is not surprising, according to research cited by FCC Commissioner Jessica Rosenworcel, who told the New York Times last year that one-third of students from kindergarten through 12th grade who live in low-income or rural households either have no access, or cannot afford access to the internet at home.

A 2015 Pew Research report found that with approximately 29 million households in America having children between the ages of 6 and 17, five million households with school-age children do not have high-speed internet service at home. Low-income households – and especially black and Hispanic ones – make up a disproportionate share of that number:

Pew Research analysis of the Census data finds that the lowest-income households have the lowest home broadband subscription rates. Roughly one-third (31.4%) of households whose incomes fall below $50,000 and with children ages 6 to 17 do not have a high-speed internet connection at home. This low-income group makes up about 40% of all families with school-age children in the United States, according to the bureau’s American Community Survey. (The survey asked questions on home internet use for the first time in 2013.)

There are fewer studies measuring how a lack of internet access impacts on academic performance. With ongoing budget constraints now forcing seven out of 10 teachers assigning homework that requires students to set aside outdated textbooks and do research online, a significant number of students from income-disadvantaged or rural homes are struggling to keep up with their richer peers.

Concerns about fraud in the Lifeline program are stalling aggressive efforts to get affordable internet into poor and rural family homes.

In Coachella, Calif., and Huntsville, Ala., school districts report the problem has become so bad, many students are now depending on buses equipped with Wi-Fi to function as mobile study halls, where students sometimes ride for hours frantically trying to complete homework they cannot do at home. Some school buses are now parked in neighborhoods overnight with Wi-Fi service left on continuously where few families can afford a home internet connection at the prices demanded by the local phone and cable companies.

“This is what I call the homework gap, and it is the cruelest part of the digital divide,” said Rosenworcel, a Democratic member of the FCC who has tried to adapt the Lifeline program to include home internet access.

Rosenworcel and others in favor of subsidizing internet access for the poor are up against two powerful groups in Washington — the providers themselves, which have launched a PR blitz designed to promote their own voluntary low-cost internet programs like Comcast’s Internet Essentials and Charter Communications’ Spectrum Internet Assist. The other obstacle comes from a number of Republicans in Congress who frequently demagogue Lifeline as a rat hole of waste, fraud, and abuse and are reticent about expanding it to cover broadband.

In a hearing held this morning by the Senate Commerce Committee, senators questioned a representative of the Government Accountability Office that released a report in May that found “extensive problems” with the Lifeline program. The report targeted 12 phone companies for approving Lifeline applications with fake eligibility information 63% of the time, potentially exposing taxpayers to millions of dollars in losses for non-qualified or deceased applicants.

Attempts to strengthen verification procedures are ongoing, first initiated by former FCC Chairman Thomas Wheeler, who approved a national verifier system for providers to ensure compliance. But for current FCC Chairman Ajit Pai, who voted against Wheeler’s compliance program, complaining that states did a better job of combating fraud, the results of the GAO study confirmed his own skepticism about the Lifeline program. Earlier this year, he blocked the approval of nine companies from joining the program to offer affordable internet access and shows no signs of relenting.

That leaves private telecom companies to continue expanding their own affordable internet programs. Comcast recently reported it had enrolled almost 20,000 families in its program in New Jersey alone. Its Internet Essentials program offers internet access to families qualified for the National School Lunch Program for $9.95 a month and offers a modest computer for $150. Comcast’s program now in its sixth year and recently increased its offered broadband speed to 15/2Mbps and offers 40 free hours a month to XFINITY Wi-Fi hotspots.

Evacuations continue in Houston.

Nearly 190,000 cable and telephone customers in southeastern Texas and Louisiana remain without service as a result of the aftermath of Hurricane Harvey, which is still meandering offshore in the Gulf of Mexico near the Louisiana/Texas border. Service outages are continuing to increase in number, primarily as a result of severe flooding.

As of this morning, according to the Federal Communications Commission, 364 cell sites are out of service, 4.7% of the total number of cell sites in the affected area, up from 4.1% yesterday. The counties with greater than 50% of cell sites out are Aransas (94.7%), Calhoun (74.1%), and Refugio (84.6%) in Texas. Plaquemines is the only county in Louisiana reporting any cell sites out.

To assist customers, wireless companies are offering freebies for the duration of the storm and flooding (thanks to DSL Reports for gathering the data):

• AT&T: Offering unspecified bill credits until Sept. 1 for AT&T prepaid and postpaid customers in impacted areas for any voice, texting, or data overages.
• Sprint: Free texting, phone calls to southeastern Texas, southwestern Louisiana until Sept. 1.
• T-Mobile: Free texting, phone calls to southeastern Texas, southwestern Louisiana until Sept. 1.
• Verizon Wireless: An additional free 3GB of data for customers in “qualified Texas counties” until Sept. 8.

At least 189,487 Comcast and AT&T customers are out of service, up from at least 148,565 yesterday. Landline central offices are also increasingly failing. As of today, there are 19 offices out of service (up from 11 yesterday) and 22 (up from 21) switching offices now operating on backup power. Because of the outages, Comcast has opened its XFINITY Wi-Fi network for free access to everyone in affected storm areas.

There are nine area radio stations off the air, the same number as yesterday. KJOJ-FM went back on the air, but KMKS failed in the last 24 hours. The other affected stations — all in Texas — are:

KKTX, KUNO, KPRC, KKWV, KAYK, KZFM, KKBA and KEYS.

911 services are being restored in some areas, but have gone down or are degraded in others. As of today, here is the current list:

• 911 Service Down: Calhoun County Sheriff, Tex.
• Rerouted 911 Without Automatic Location of Caller Information: Aransas County SO, Tex.; Bee PD, Tex.; Beeville PD, Tex.; Harris Country Neutral SO, Tex.; Jackson County SO, Tex.; Kemah PD, Tex.; Kingsville PD, Tex.; Kleberg County SO, Tex.; Mathis PD, Tex.; Port Aransas PD, Tex.; and Robstown PD, Tex.
• Rerouted 911: Aransas Pass PD, Tex.; Gonzales County SO, Tex.; Port Lavaca, Tex.; Robstown PD, Tex.; Victoria PD, Tex.; and Wilson County SO, Tex.

Comcast is bringing back device subsidies with no contracts for smartphone customers signing up for XFINITY Mobile service.

“$200 savings off regular retail price when activating a new XFINITY Mobile line of service. Valid on select devices. While supplies last. Limit 5 per account. Offers valid 8/25/17 through 9/13/17.”

The cable operator launched its mobile phone service this summer, and works over the cable company’s Wi-Fi network and Verizon Wireless.

The subsidy knocks a considerable amount off smartphones. For example, a 64GB Samsung Galaxy S8 that was originally priced at $732 sells for $532 (or $22.17/mo for 24 months at 0% interest). An Apple iPhone 7 (32GB) sells for $449.00 (or $18.75/mo for 24 months at 0% interest).

Customers can choose from two plans:

By the Gig: $12/GB, No line access fees on up to 5 lines, Unlimited nationwide talk and text, Start with 100MB of shared data/month.

Unlimited: $45/Line, No line access fees on up to 5 lines, Unlimited nationwide talk and text, Start with 100MB of shared data/month. After 20GB monthly data use, speeds reduced to a maximum of 1.5Mbps download/750kbps upload.