An 85-year-old woman with dementia and her ailing 90-year-old husband in Rockaway were left without telephone service for three weeks because Verizon could not contact them on their out-of-service phone line.

The couple’s daughter, Rita Burgess, made at least 13 calls to Verizon Communications trying to get the couple’s phone line back up and running, but to no avail. A Verizon spokesperson later told the New York Daily News the company couldn’t get the line repaired because they couldn’t call the couple… on the phone line that was out of service.

“You people put me through hell,” Burgess thought after Verizon finally reached out to get the phone line repaired.

By then it was too late. Burgess took matters into her own hands and switched the family to Time Warner Cable’s phone service.

The incident has turned into a cause célèbre for consumer advocates, who claim Verizon continues to neglect its landline network in favor of its limited fiber optic FiOS service. New York consumer groups want the state to more aggressively regulate Verizon’s landline network to make certain extended outages like this cannot happen.

Burgess, who lives on Long Island, found herself cut off from her parents at a time when her father was hospitalized. Both father and daughter were unable to reach Mrs. Burgess, who requires regular attention because of dementia.

Bob Master, legislative and political director for the Communications Workers of America, told the Daily News the couple’s ordeal is not unique.

“They’re diverting resources from basic phone services,” Master said of Verizon. “That’s the business model, to divert resources to the most lucrative areas.”

Verizon counters the union is in dispute with the phone company over stalled contract negotiations and points to a 2012 first quarter report from the state Public Service Commission showing Verizon is meeting standards for reliability and repair times.

But Verizon has also lost half of its landline customers in New York State, which could also account for a declining number of complaints.

The Burgess family has decided to stick with Time Warner Cable for phone service.

Beahn’s booking photo

A competitor to dominant cable provider Mediacom has been accused of stealing the cable company’s broadband service and reselling it as its own in a bizarre Georgia case that also includes a feud between Albany’s Water, Gas & Light Commission and the defendant.

Back in December, a Georgia Power representative alerted Mediacom about unauthorized equipment placed on a utility pole. When Mike Donalson, Mediacom’s regional security manager arrived at the location off McCollum Drive in Albany, he was surprised to discover a residential Mediacom cable modem powered by a standard car battery sealed in a weatherproof enclosure. Tracking the wiring that exited the box, Donalson eventually found himself at the front door of Addtran Logistics, Inc.

Mediacom immediately launched an investigation and discovered that L2Networks had allegedly contracted with Addtran to provide Internet service. Mediacom alleges in its lawsuit L2 provided the service through a cable modem originally assigned to Beahn’s mother-in-law for residential broadband service at her home.

The company called the Dougherty County Police Department, who arrested Beahn on felony charges for theft of service.

Mediacom is seeking compensatory and punitive damages in its civil suit.

Beahn first came into national prominence in May when he filed the first formal Net Neutrality complaint with the Federal Communications Commission against the Albany Water, Gas & Light Commission claiming the local authority was refusing to allow L2 employees 24-hour access to utility-owned facilities where L2 has placed equipment.

[flv]http://www.phillipdampier.com/video/WFXL Albany Mediacom Files Suit Against L2 6-8-12.flv[/flv]

WFXL in Albany, Ga. reports L2 Networks is headed to court to face charges it used to a Mediacom residential cable modem to deliver business class service under L2’s name.  (1 minute)

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.

A consumer firestorm is growing over Verizon Wireless new service plans.

As a growing firestorm over Verizon Wireless’ newly-announced plans continued today as some on Wall Street are becoming convinced Verizon has bungled the case for their new “Share Everything” concept.

Industry analyst Rob Enderle told ComputerWorld that Verizon’s handling of their pricing changes “is similar to the Netflix mistake last year that almost sunk that company.” Enderle believes the changes Verizon wants to force on the wireless market are potentially too radical to be embraced within the next two weeks, when Verizon’s new rate plans become active.

Verizon Wireless has been trying to quell the increasing criticism from consumers by reminding them they will not be forced to move to the new plans from an existing account.

“We’re allowing the existing customer base to have a choice; we’re not forcing anyone to more to new plans,” said Steve Mesnick, head of marketing for Verizon Wireless. “I take exception to [suggestions] of people leaving Verizon,” he said.

While Mesnick is correct Verizon will not force customers to choose new plans on June 28, the company will require existing grandfathered data customers to abandon unlimited data when they renew their Verizon contract or upgrade to a new discounted device.

Verizon claims it interviewed 50,000 customers before implementing the new plans and believe they will be embraced by the majority of Verizon customers.

Verizon Wireless spokeswoman Brenda Raney followed a different approach, pretending consumer complaints don’t exist: “We are very pleased with the response to our announcement as customers begin to understand how the new Share Everything Plans will save them money or provide them with more value for the same money they are paying today.”

Meanwhile, customers who have no intention of either forfeiting the unlimited data plan they have grandfathered on their account or who refuse to pay Verizon’s new asking price are busily upgrading their phones and signing new two-year contracts before June 28, buying an additional two years of unlimited data. Many others claim to be leaving, often for Sprint, which continues to offer unlimited data, or a prepaid provider.

Customers are worried about losing their grandfathered unlimited data plans.

Verizon and AT&T have a combined 38 percent of customers on grandfathered unlimited data plans and most are insistent on keeping them. News that customers could retain unlimited data by forfeiting the wireless carrier’s subsidy for new phones has gone over like a lead balloon, especially with price tags of $699 or more for popular new smartphones.

“The importance of this client base cannot be overstated–unlimited mobile data plan users are some of the most valuable subscribers in the industry,” Iain Gillott, president and founder of iGR, told Fierce Wireless. “Our research shows that these two carriers need to be very careful to offer a migration plan to replace the grandfathered unlimited plans that provides the data service, value and recognition that meets these valuable consumers’ needs.”

With popular new smartphones like the iPhone becoming available on no-frills prepaid carriers like Cricket, wireless carriers are at risk of subscriber defections.

Despite consumer discontent, Wall Street has supported the income-enhancing new wireless plans and is embracing the increased fees Verizon will likely earn as data demand rises.

Customers promised big savings from dropping their old Verizon plans found tricks, traps, and speed reductions.

Beware of telemarketers bearing gifts.

Frontier Communications has embarked on a sales push to convince customers adopted from Verizon Communications to “upgrade” their grandfathered Verizon broadband plans to new offerings from Frontier.

But Stop the Cap! has received more than a dozen complaints from customers who discovered their broadband speeds were slashed, sometimes significantly, after taking Frontier up on one of their offers.

“Whenever you call Frontier customer service, they always have an offer for you that they claim will save you money and I fell for it,” Tim Falston says.

Falston has been a Stop the Cap! reader since he learned Frontier Communications was buying out his Verizon landline in 2010.

“Frontier promised me nothing would change after they took over from Verizon, but of course a lot changed when I agreed to switch to a new bundled service package Frontier was offering for my phone and Internet service,” Falston writes.

Falston thought he was keeping his 8Mbps DSL service Verizon had been selling him for nearly five years, only now he would save at least $10 a month bundling some of Frontier’s other products into his package. A few days after signing up, he found his broadband speeds were lacking. It turned out Frontier reduced his speed to just under 3Mbps. A few days later, the company also mailed him a new DSL modem/router that he later learned came with a monthly fee that more than wiped out his “savings.”

“This was the worst decision I ever made, and Frontier never warned me the package I was signing up for cut my speeds more than half and stuck me with a modem I don’t want or need,” Falston said.

Unfortunately, when Falston called Frontier to switch back to his old plan, he was told it was no longer available and he had to choose from Frontier’s current services that came with higher prices and term contracts.

Surprise! Modem rental fee!

“It’s bait and switch and should be illegal,” Falston said. “I was told that everything about my service was to stay the same if I agreed to their bundle, and I think they figured most people have no idea about speeds and just accept what they are given, but I was never told about the modem or the rental fee that comes with it, and my old Verizon equipment worked just fine.”

Frontier won’t even sell Falston 8Mbps service, even though he had it for half a decade.

“They want to sell me 3Mbps and tell me that is all my line will support,” Falston complains. “That was after I finally convinced them to talk to me — the account is in the wife’s name and Frontier blocked me because of ‘security reasons’ until they spoke with her.”

Stop the Cap! recommended Falston schedule a service call and speak to a local technician about the problem. Experience shows employees on the ground far away from the customer service department can often cut through Frontier’s red tape. That worked for Falston who quickly got his old Verizon plan back after the technician made a few phone calls from Falston’s home.

“The tech shook his head and said he deals with these problems all day long and has managed to get customers back on old plans Frontier’s customer service says are long gone,” Falston said. “He told me specifically ‘do not change any plans you signed up for with Verizon — all of the offers from Frontier come at higher prices and fewer features.'”

So if Frontier has an offer you cannot refuse, refuse it anyway, at least if your old phone company was Verizon Communications. You are probably better off with what you have today.