Smartphone manufacturers are dealing with sluggish sales for the newest and greatest phone models because American consumers are increasingly resistant to paying for top of the line devices.

Apple, Samsung, and others are facing some of their biggest challenges ever delivering upgrade features deemed useful enough to encourage consumers to spend the more than $600 that many high-end phones now command in the marketplace. As blasé new features fail to deliver a “must-have” message to consumers, many are hanging onto their existing phones and refusing to upgrade.

The decision by wireless providers to stop subsidizing devices backed by two-year contracts have delivered sticker shock to consumers looking for the latest and greatest. The Apple iPhone 7, expected to be announced this month, will likely carry a price of $650 — a serious amount of money, even if your wireless provider or Apple agrees to finance its purchase interest-free for 24 months. Despite the fact wireless providers charged artificially higher service plan rates to recoup the cost of the device subsidy over the length of the contract, consumer perception made it easier to justify paying $200 for a subsidized phone versus paying full retail price and getting cheaper service.

As a result, consumers are strategically holding on to their cell phones longer than ever and avoiding upgrade fever just to score a lower cell phone bill. The Wall Street Journal reports that since T-Mobile started the trend away from device subsidies in 2013, Citigroup estimates the smartphone replacement cycle has now lengthened to 29.6 months, considerably longer than in 2011 when upgrades were likely even before the two-year phone contract expired.

The average combined monthly revenue (in $) earned per subscriber from service and equipment installment plan fees is still rising, despite the alleged “price war.” (Image: Trefis)

Wireless providers don’t mind the change since they endured fronting the subsidy cost to phone manufacturers and slowly recouped it over the next two years. Not dealing with a subsidy would make the accounting easier. But AT&T and Verizon Wireless both understood the average consumer doesn’t have a spare $650 sitting around for a new device, much less the nearly $2,500 it would cost to outfit a family of four with a new top of the line smartphone every two years. So they entered the financing business, breaking the cost of the device into as many as 24 equal installment payments. Instead of paying $672 for a Samsung Galaxy S7, Verizon Wireless offers 24 equal installments of $28. That would be a distinction without much difference from the old subsidy system except for the fact some carriers are trying to sell their equipment financing obligations to a third-party, allowing them to move that debt off their books as well.

In fact, wireless providers are doing so well under the “no-contract/pay full price or installments” system, Wall Street analyst firm Trefis has started to ask whether the so-called wireless carrier “price war” is just a mirage. The firm notes (reg. req’d.) all the four major carriers are doing well and collecting an increasing amount of money from their customers than ever before. Much of that added revenue comes from customers bulking up data plans and being forced to pay for unlimited voice and texting features they may not need. But Trefis also points to reined in marketing spending at the carriers, who no longer have to entice customers into device upgrades as part of a contract renewal.

Things are looking worse for phone manufacturers that have relied on revenue based on the two-year device upgrade cycle in the United States. Apple is under growing pressure as its iPhone faces declining demand. In the U.S. alone, analysts predict iPhone sales will drop 7.1% this year. UBS predicts an even less optimistic 9% drop, followed by a 5% drop next year, even after iPhone 7 is introduced. AT&T has already reported some of the lowest upgrade rates ever during the first three months of 2016.

Another clue consumers are planning to hold on to their smartphones longer than ever — sales of rugged cases and screen protectors are up, as are smartphone protection/loss insurance plan sales, according to AT&T senior VP Steven Hodges. Parents even expect their children to give their phones better care.

Customers “realized it was a $500 to $700 device,” Hodges said at an industry conference held in June. “As such, they started taking care of them differently. You tell a kid this is only $49, the kid is going to use his phone as a baseball at times.”

Other customers are looking forward to benefiting from a dramatically lower bill after paying off their device in 24 months.

Kristin Maclearie has an iPhone 6 and she wants to keep it for the long term, if only to see her Verizon bill drop once she finishes her monthly payments. She told the Wall Street Journal as long as it keeps working, “I’ll just hang onto the one I have,” she said. “Unless something really cool comes out…but they’re always similar.”

Signage for an AT&T store is seen in New York October 29, 2014. REUTERS/Shannon Stapleton/File Photo

WASHINGTON (Reuters) – A federal appeals court in California on Monday dismissed a U.S. government lawsuit that accused AT&T Inc  of deception for reducing internet speeds for customers with unlimited mobile data plans once their use exceeded certain levels.

The company, however, could still face a fine from the Federal Communications Commission regarding the slowdowns, also called “data throttling.”

The U.S. Court of Appeals for the Ninth Circuit said it ordered a lower court to dismiss the data-throttling lawsuit, which was filed in 2014 by the Federal Trade Commission.

The FTC sued AT&T on the grounds that the No. 2 U.S. wireless carrier failed to inform consumers it would slow the speeds of heavy data users on unlimited plans. In some cases, data speeds were slowed by nearly 90 percent, the lawsuit said.

The FTC said the practice was deceptive and, as a result, barred under the Federal Trade Commission Act. AT&T argued that there was an exception for common carriers, and the appeals court agreed:

The panel reversed the district court’s denial of AT&T Mobility LLC’s motion to dismiss, and remanded for an entry of an order of dismissal in an action brought by the Federal Trade Commission under section 5 of the FTC Act that took issue with the adequacy of AT&T’s disclosures regarding its data throttling plan, under which AT&T intentionally reduced the data speed of its customers with unlimited mobile data plans.

Section 5 of the FTC Act contains an exemption for “common carriers subject to the Acts to regulate commerce.” 15 U.S.C. § 45(a)(2). The panel held that AT&T was excluded from the coverage of section 5 of the FTC Act, and FTC’s claims could not be maintained. Specifically, the panel held that, based on the language and structure of the FTC Act, the common carrier exception was a status-based exemption and that AT&T, as a common carrier, was not covered by section 5.

Asked about the appeals court ruling, a spokesman for AT&T said: “We’re pleased with the decision.”

An FTC spokesman said the agency has not yet decided whether to appeal. “We are disappointed with the ruling and are considering our options for moving forward,” FTC spokesman Jay Mayfield wrote in an emailed comment.

The company, however, could face action from the FCC. In June 2015, the agency proposed a fine of $100 million for AT&T’s alleged failure to inform customers with unlimited data plans about the speed reductions. AT&T has contested that proposed fine.

(By Diane Bartz; Editing by Paul Simao and Matthew Lewis; Additional reporting by Stop the Cap!)

Uninvited apps that cannot be removed infest smartphones.

Verizon Wireless keeps looking for those end runs around Net Neutrality, this time offering its preferred partners a chance to force-install their apps on your new Android phone without your permission.

Most consumers call these unwanted apps “bloatware,” but the geniuses from Verizon’s marketing department prefer to call it “brandware.” Whatever it’s called, each app successfully installed on your next Android phone will net the wireless giant $1-2, according to Ad Age.

Verizon has pitched the program to ad agencies and their major retail and financial clients rich enough to not worry about spending $1-2 million on app installations. Verizon’s app program is more dynamic than traditional pre-loaded bloatware that customers cannot uninstall. Through the use of Google’s remote install feature, a client could pay Verizon to trigger an automatic download and installation of a banking or shopping app the moment a customer turned on their new phone. The customer would likely assume such apps came with the phone, just like traditional pre-installed bloatware. But unlike the myriad of uninvited game trials, shopping and media apps that customers can’t get rid of, Verizon’s program would let customers uninstall the apps they never wanted installed on their phone to begin with.

Apple iPhone users have nothing to fear from Verizon’s “brandware” because the Apple ecosystem is more tightly controlled by Apple.

Ad Age notes the app program would only send apps to new smartphones being activated for the first time. That isn’t a small market. Verizon activates about 10 million new phones each quarter out of 75 million postpaid customers.

The program raised eyebrows among advertisers and consumer activists worried about Net Neutrality. A deep pocketed app maker would have an instant advantage pre-installing a new game or social networking app on millions of phones while smaller competitors would have to attempt to build scale through word-of-mouth, reviews, or other marketing efforts. Verizon would effectively be giving its preferred partners an unfair advantage over other app makers.

Advertisers are also reportedly wary about blowback from consumers that don’t appreciate uninvited apps chewing through their usage allowance installing themselves.

Consumers generally dislike all the excess apps stuffing up their phones, Azher Ahmed, director of digital at DDB Chicago told Ad Age. “If the app doesn’t offer valuable content and experiences, you’re going to deal with a lot of frustrated users calling out your bloatware.”

Look what’s in the box. MergeMaster Patrick Drahi. (Illustration: Michel Kichka)

Cable conglomerate baron Patrick Drahi promised American, French and Portuguese consumers he would bring them value for money by taking control of large established telecom companies in both countries and revamp their products and services to bring improved service. Consumer advocates in all three countries continue to argue customers are still waiting for Drahi’s debt-laden Altice empire to deliver on its promises.

A flurry of mid-summer articles in the French media continue to acknowledge Drahi’s formula has brought results — for him and his top executive minions, but has caused headaches for employees, customers, and even the government.

The biggest firestorm involves Altice-owned SFR’s newly-announced plan to slash at least 5,000 more jobs at France’s fourth-largest mobile operator, which also provides wired cable-TV and broadband services in parts of the country. That represents at least one-third of SFR’s total workforce. The planned cuts run so deep, some in the French press call them “violent.” These new cuts are on top of the 1,200 jobs Drahi cut when he took control of SFR two years ago. An Altice executive warned that if they still perceive to be “fat on the bone,” there will be further cuts after that, presumably starting in 2019.

The job cuts have raised the ire of some in the French press because one of the conditions of Altice’s takeover of SFR was a commitment not to cut jobs. But some reporters may have missed the fine print negotiated with regulators  — the job protection agreement expires in July 2017, after which Drahi can slash at will. And he will.

Investment banks love it. American and European banks have loaned €50 billion ($55 billion) — a record amount — to Drahi to buy up telecom companies on a virtual credit card and deliver short-term results by slashing expenses, which at least temporarily boosts profits. When customers find out the implications of the draconian cuts, they complain and tend to leave. But savvy investors learn how to cash out before that happens, often walking away with huge returns. Such methods have been business-as-usual in the United States for a long time. But Drahi has improved on the old formula of relying on OPM – Other People’s Money – to build his empire.

Some of the money flowing through Altice’s coffers comes from the French taxpayer, currently footing the bill for unpopular French President François Hollande’s key measure to boost the competitiveness of French companies — the Tax Credit for Competitiveness and Employment (CICE), which significantly cuts employer’s labor expenses. Altice has been a grateful recipient of this gift from French taxpayers, who pay for it through new ecological taxes and an increase in Value Added Tax (VAT) rates, which like our sales tax, applies to goods and services one buys. The standard VAT rate in France is now 20%, with 10% charged on restaurant meals, transport, renovation/improvement works and certain medical drugs, and 5.5% on food, water and non alcoholic beverages, books, special equipment for the disabled and school meals. The other half of the money spent implementing the CICE came from decreased public spending on infrastructure and social service programs. Take from the poor and middle class and give to the corporations, Hollande’s critics claim. The program was supposed to protect employment, but critics say it has had little or no effect beyond enriching large corporate conglomerates who hire and fire for their own reasons, and are not particularly concerned about what that could do to future government payouts.

French newspaper l’Humanité is calling on the government and Mr. Drahi to account for his use of taxpayer-funded CICE aid. The paper demands the Hollande government to disclose exactly how much Altice’s SFR has received from the program.

Unemployment office in Connecticut

Altice continues to claim the job cuts will be voluntary — a suggestion scoffed at by employee unions in both France and Portugal, where Altice operates telecommunications companies. In addition to asking Altice-owned Suddenlink and Cablevision employees whether the recent sudden separation from their paychecks was voluntary, unions claim they have the benefit of past experience.

“When they say ‘no job cuts’ and 1,200 have already been cut over the past 18 months, how can we trust them?” asked Frederic Retourney, a spokesman for the CGT-FAPT employee union. “We know that voluntary redundancies are made under duress in most cases. When SFR announces 5,000 job cuts when there are 14,400 employees at the company now, we do not see how one can speak of voluntary departures.”

The job cuts at Altice’s U.S. operations — Suddenlink and Cablevision — have just begun. In a filing with the Connecticut Department of Labor, Altice disclosed it is issuing a total of 587 termination notices in that state — 482 call center workers in Shelton who will lose their jobs Nov. 1 and another 105 in Stratford leaving in two waves Oct. 14 and Dec. 15. Cablevision’s chief Connecticut competitor Frontier Communications is turning Altice’s lemons into Frontier’s lemonade by capitalizing on the job cuts with a quickly organized media push for a job fair on Aug. 31 in New Haven targeting the soon-to-be-former Cablevision workers.

Frontier will hold interviews for the former Altice call-center workers and field technicians. The alternative, if those former Cablevision workers still want to work for Altice, is to move to New York or New Jersey and hope their jobs don’t get cut again. With Frontier, they can stay in Connecticut.

Altice-owned SFR Francophone call center workers face even bigger challenges from relentless demands for cost cuts. In 2015, Altice announced it was open to relocating its Moroccan-based customer care call center to Madagascar, a large and severely economically depressed island nation off the eastern coast of southern Africa. Drahi, who told Wall Street he likes to pay as little as he can in salaries, is evidently upset labor costs in Morocco now force Altice to pay salaries up to €500 a month ($560). The company said it was open to seeking solace hiring French-fluent replacement workers in Antananarivo, Madagascar’s capital city, where the average annual salary is $260. In contrast, Connecticut call center workers make an average of $14.80/hour, according to Indeed.

Connecticut State Rep. Laura Hoydick (R-Stratford) acknowledges employee life with Altice in charge of Cablevision may be a tough ride.

“Having gone through unemployment with family members — and now me — emphasizes how the Cablevision employees are nervous for their livelihood and existence,” Hoydick told The Hour. “I thought it was great that the Frontier folks saw that there was an already-trained workforce here in Connecticut.”

Other state Republicans are attempting to blame Democratic Gov. Dannel P. Malloy for Cablevision’s job cuts, characterizing them as evidence employers are fleeing the high taxes and expenses associated with running a business in Connecticut.

“People are making a choice: ‘Do I stay in Connecticut and weather the storm, or do I move out of the state?’” said state Rep. Jason Perillo (R-Shelton).

For now, those decisions are mostly made by Altice’s cable company call center workers and some members of middle management. But Patrick Drahi’s long-term plan to conquer the media business depends on implementing his “convergence” strategy, which means owning and controlling not only the means of distribution, but also the product being distributed. l’Humanité compared Drahi’s business to a multibillion cephalopod, with octopus-like tentacles extending his control and influence well beyond the cable business.

In France, he is accomplishing his mission by buying up cable networks, newspapers, and other media outlets which he packages together. Now a customer doesn’t just buy cable TV — he buys TV, internet, phone, the daily newspaper, and magazines for one flat price. For about $22 a month, SFR customers get unlimited digital access to 17 newspapers and magazines including Libération, l’Express, and l’Expansion. Then you can watch Drahi’s new sports channels and local news channel — all owned by Altice. Drahi told the French Senate his new bundled media model could “save the press.” But dig a little deeper and you discover Drahi’s altruism is considerably more limited.

By bundling everything together, the Altice-owned businesses each enjoy the enormous benefit of having their products taxed at the special press VAT rate of 2.1%, down from the usual 20% that would be otherwise owed. Altice pockets the savings for itself — a considerable boost in gross revenue.

More conservative investors worry about how Altice is managing to pay for all of its acquisitions and still manage to cover its existing massive debt, especially as Drahi plots to bring his model to the United States. His goal in America: to create the largest or second-largest telecom company in the country. Worried shareholders have been placated by the news massive layoffs are in SFR’s future, with the cost-savings they bring. Those still not satisfied were quieted after Numericable, another Altice concern, borrowed almost two billion dollars and raided Altice’s treasury for another billion to finance a dividend payout to shareholders worth more than $2.5 billion. Of course, Mr. Drahi himself is among the top recipients.

The 24-hour emergency hotline at Alcoholics Anonymous in Ventura County, Calif., rang only sporadically back in April and it wasn’t because Simi Valley, Ojai, and Thousand Oaks were overrun with teetotalers.  The director of the center blamed Frontier Communications for phone outages, which began right after it took over phone service for Verizon.

In Garland, Tex., Carolyn Crawford has had nothing but excuses about her service outage, which began April 11.

“When you call you receive scripted responses and when you send a message on Facebook you receive robotic responses,” Crawford told the Dallas Morning News.

In Florida, the Sarasota Tribune put an online form up to collect complaints about Frontier and had 662 registered over just one weekend. One complaint:

“It’s our seventh day with no phone, no Internet and no answers,” said Howard Duff of Bradenton.

He said he had spent 45 minutes to an hour on a cell phone before getting through to someone, then spent hours for several days with Frontier tech support, disconnecting and reconnecting equipment and relaying information about lights. On Thursday, when he reached a Frontier technician who wanted him to begin the same checks, Duff refused to go through it all again. Instead, he was given a repair ticket number and was told someone would contact him. He was still waiting Monday afternoon.

“They really don’t care about the people in Florida,” Duff said. “Who can we call? What can we do?”

Frontier’s latest acquisition involves Verizon’s wireline networks in Texas, Florida, and California.

Back in late April, more than 11,000 comments from Frontier customers around the country have been posted to its Facebook page, mostly to complain about service problems. They affect both residential and business customers.

Michael Camp of Parker, Tex. says Frontier’s reliability has killed his business’ ability to make international business calls.

“It’s like trying to work in a Third World country,” he said.

The first challenge Frontier customers with service problems face is a dreaded interaction with Frontier’s customer service. The challenges can start right away, such as trying to prove to the phone company you actually are one of their customers.

At S.O.S Resale Boutique and Veteran’s Communication Center in Palm Desert, Calif., the non-profit group spent days trying to get Frontier to restore their phone and Internet service.

“The most frustrating part of the ordeal was that every time you would call, they would say you are not a customer and that you don’t have an account. I would keep arguing that we do,” Erica Stone, founding director of S.O.S., told KESQ-TV. Either way, Frontier didn’t bother to show up for a scheduled appointment anyway.

Mary Harmon, in Long Beach,  was told (after four calls) that a repair technician would come to her house on April 15. That date was changed to Monday, April 18 with a 10-hour window. She told the Long Beach Press Telegram she wasn’t holding her breath.

“I don’t have any faith in them,” Harmon said. I’m so fed up with everything that’s been going on.”

Harmon spent all day Monday at home waiting, only to get a call at 5:25pm that her appointment was rescheduled one week later to April 25.

Considering the onslaught of stories from readers like Harmon, that newspaper has taken to calling Frontier customers “victims.”

But it wasn’t all bad news.

“No Internet or cable,” wrote one customer on Twitter. “But the bill arrived on time.”

What Problems? Frontier Living in Denial

Thousands of complaints later, it is evident Frontier has gotten itself into another fine mess, one predicted in advance by Stop the Cap! each time Frontier decides it wants to buy up some more landlines. No matter how bad things actually got, the company regularly tells its shareholders tall tales that all went well, the problems were small, and the resolutions easy.

Just look at what Daniel McCarthy, Frontier’s CEO, told a Wall Street audience at the recent JPMorgan Global Technology, Media, and Telecom Conference.

“Two months into the integration, and I would describe this integration as, by and large, it has gone better than any one that we’ve done before,” McCarthy said. “If you look at the billing systems, the ERP, payroll, HR, every part of the integration has gone exceptionally well. We’ve actually got through all of our billing, and out the door, we’re back on normal cycles with customers. A reliable site like https://coreintegrator.com/ can provide the necessary tools to maintain this efficiency and ensure smooth business operations. And we’ve moved to the point now where we’re moving forward with a normal business rhythm around trouble tickets and service orders in the market.”

Frontier customers are unconvinced Frontier’s Rhythm Method is working for them. Elizabeth Galvan of North Hills has another name for it: “a nightmare.” She has had continuous problems with her landline, including Internet outages, since Frontier took over.

Many Stop the Cap! readers also continue to share their grief over outages, billing problems, and the less than sympathetic customer service representatives they encounter.

“We were on hold with Frontier for two hours on Friday and they swore to us they’d be out Wednesday and fix things,” wrote Wanda from Sarasota, Fla. “If the good Lord Jesus himself told them they’d be sent to hell for lying, Frontier already has 1st Class tickets. My ex-husband lied less than this phone company. They told me ‘Miss Wanda, we are sorry we could not get out there but we called you to let you know.’ Oh really? On what phone, the one that hasn’t worked for two weeks? Then he thinks he puts me on hold to reschedule while he tells his friend now I have more time to get my hair done.”

Back in Dallas, Jeffrey Weiss from the Morning News pressed Frontier for a reality check on how bad the problems were.

Bright House is targeting disgruntled Frontier customers in Florida with special promotions.

“There are currently no widespread outages,” came the response from Frontier. “The isolated issues currently being addressed include either individual customer issues from the conversion or the day to day service issues that arise when operating a complex network. In addition, the recent extreme weather in the north Texas area may have impacted some customers’ service, while Frontier allocated resources to repair any damaged equipment in the path of the storm. The customer experience is always at the forefront of our company, and we are committed to each customer’s satisfaction. We are addressing service orders as quickly as possible, prioritizing repairs over new installations and coordinating both customer availability and the management of our ongoing queue of orders. In all cases, that means the next best available time.”

At that time, the Texas Public Utility Commission had collected at least 100 complaints about Frontier, reports spokesman Terry Hadley. Melinda White, Frontier’s regional president for the western region characterized the 2,500 service disruptions suffered by Californians as evidence things were going “relatively well.”

In Florida, the problems were substantial and widespread enough for competing cable operator Bright House to offer customers up to $240 to switch away from Frontier with a special promotion. But before customers sign up, they should be aware despite the ongoing issues, Frontier has no intention of letting anyone out of their contracts.

Frontier spokesman Bob Elek told the Tampa Bay Times, “While all customers will be eligible for service credits on a case-by-case basis, contracts will remain in force.”

That’s ironic, considering Frontier’s marketing pitch for the last several years assured customers there were no contracts or early termination fees. But Verizon had both, and Elek apparently feels if it is fair to give customers promotional pricing, it is fair to penalize them if they disconnect early, even if the service doesn’t work as advertised.

Fast forward more than a month and the problems… and Frontier’s excuses keep on coming.

[flv]http://www.phillipdampier.com/video/KNBC Los Angeles Frontier Official Apologies For Service Outages 5-24-2016.flv[/flv]

Frontier’s Melinda White, regional president for the company’s western region, finally showed up on KNBC Los Angeles to apologize for weeks of frustration and service problems. (2:56)

Blame Verizon

Nearly two weeks ago, Frontier executives were grilled at an Assembly Informational Hearing called by Mike Gatto (D-Los Angeles), when he had a spare moment in-between shilling for AT&T’s universal service/landline abdication bill making its way through the California legislature.

Ironically, Gatto was upset with Frontier — a company that wants to stay in the landline/DSL business — because it couldn’t do the job, while earlier applauding AT&T for being willing to cut the phone lines of rural Californians and have them risk AT&T’s “one-bar” rural wireless service instead.

Members at the Assembly Informational Hearing implored Frontier to fix at least a month of problems the company has consistently denied was that big of a deal. A meeting of the minds between the politicians and Frontier seemed unlikely until Melinda White, Frontier West’s regional president found what she hoped would be a “Get Out of the Hot Seat Free” excuse card.

White told the Los Angeles Times that one reason for all the trouble is Verizon sent them “corrupted” or “incomplete” data on an unspecified number of remotely addressable items like network terminal boxes, modems, and those “interface” devices they slap on the sides of most homes and businesses. Frontier claims it sent initialization messages to those devices that were rejected, and unilaterally shut down in response, causing the large service outages Frontier claimed a few weeks earlier didn’t happen.

“We are sincerely sorry,” White said during the hearing. “Even one customer out of service is one too many.”

Even worse, Frontier claims it found those scamps at Verizon messed up another database containing serial numbers identifying older network terminal boxes, including hundreds located in Long Beach. You know what came next — more outages.

But wait, there’s more. The same phone company that proudly boasts it uses American workers to handle customer service matters had to admit it hired a call center in the Philippines to handle customer transition issues. It was instantly overwhelmed and the call takers were as bewildered as customers trying to deal with Frontier about service outages.

“Unfortunately, that did not work out — to our dismay,” White said.

Like a lot of things coming from Frontier, that is an understatement. Just ask countless customers who reserved repair appointments through this same call center that often forgot or couldn’t pass them on to the U.S. based technicians that were supposed to show up and fix the problems. Result: missed service calls and even angrier customers.

Knowing this, one would assume Frontier would quickly pull the plug on overseas call centers and hire — at attractive wages if needed — more U.S. based employees to get things moving sooner rather than later. White told the Los Angeles Times it would phase those foreign call centers out… later… by the end of July.

The Lawmaker and Regulator CYA Cakewalk

The Frontier buyout and takeover of Verizon landlines didn’t just happen at the behest of the two phone companies. In a state regularly accused of over-regulating business, California regulators and lawmakers both had direct influence on the Frontier-Verizon transaction. It got approved without much effort and only came back to haunt officials when it all went wrong.

Assembly member Jay Obernolte (R-Hesperia) claimed, “These issues have set a record for constituent calls.”

Exactly who is responsible requires the time-honored practice of finger-pointing that always extends outwards, never inwards.

The committee chairman, Mr. Gatto, and vice chairman, Assemblyman Jim Patterson, (R-Fresno), blamed the California Public Utilities Commission (CPUC) as much as Frontier because they approved the takeover deal.

But as California consumers just saw in an embarrassing capitulation to approve the Charter-Time Warner Cable-Bright House merger with deal conditions even worse than what the FCC got, there are questions whether the CPUC could properly vet a Dollar Menu at a McDonalds drive-thru, much less a multi-billion dollar Big Telecom merger:

“Hi, welcome to McDonalds, what can I get the CPUC today?”

“We’ll let you decide, whatever you think is best. We trust you!”

“Okay, drive through to the second window.”

CPUC executive director Tim Sullivan casually mentioned the possibility of an official investigation and the highly-improbable-to-believe possible reconsideration of the buyout. That comes a little late.

While they hold hearings in California, the complaints keep rolling in even into the Memorial Day holiday weekend.

If This is the New Frontier, We Prefer the Old One

30+ years of a dedicated customer relationship that started around the time Back to the Future hit theaters was destroyed after about a month with Frontier.

Lynn Peterson in Sacramento has kept her phone service with Verizon (and its predecessors) since around the year Back to the Future arrived in movie theaters (July 3, 1985 for trivia fans). After a month or so with Frontier at the helm, she abandoned ship last week.

“My service just kept going out over and over again ever since Frontier became my provider,” Peterson told the Santa Monica Mirror. “Whenever I called customer service they seemed completely indifferent. I have now switched to Time Warner Cable.”

Abby Arnold also severed a bad relationship with Frontier last week, and like a clingy ex in breakup denial, they won’t let it go.

“After a month of trying to resolve issues, I left Verizon/Frontier and signed up with Time Warner,” Arnold wrote. “At least I can watch the Dodgers. One of the many issues in my saga is that I cannot get Frontier to acknowledge that I am no longer their customer. ‘Our system won’t let me cancel your account.’ Argh.”

Customers will have another opportunity to bring their complaints about Frontier to the CPUC’s attention this Wednesday from 4-6pm at a public hearing at Long Beach City Hall.

Texas Mops Up

Some of the worst damage done to Frontier’s reputation was in Texas. Some experts predict Frontier’s name will be mud in that state for months to years.

“My opinion is that Frontier’s brand, reputation, and trust will suffer in the short to medium term (months to years),” David Lei, associate professor of strategy at SMU’s Cox School of Business told the Dallas Business Journal. “The longer the problems persist in any situation for any business or service provider, the greater the customer anger. However, even a good communications/PR strategy remains insufficient in the wake of the scale of disruptions and the seemingly ‘easy’ task of scheduling technicians to houses within the promised time frame. Strategy execution always occurs at the customer level – dealing with each customer truthfully and forthrightly. Yet, it is probably difficult for Frontier’s management to openly acknowledge just how complex the integration task will remain for quite some time.”

Our Recommendations

Frontier has a long history of transition problems whenever it acquires landline networks from other providers, whether Verizon or AT&T. In some cases, these may prove to be nothing more than self-correcting minor inconveniences. But in states like West Virginia, Connecticut, and now Texas, Florida, and California, long outages got painful and expensive for customers, and in some cases could have been life-threatening. With each transition, Frontier claimed it learned how to improve on the process to better reassure customers problems would be few and isolated. But the evidence is overwhelming these problems are bigger than Frontier seems ready to admit. Frontier refuses to release outage statistics broken down by state. Are these transition outages comparable to the day-to-day experiences of a big independent phone company? Allowing the public to see outage numbers for Florida and compare them with West Virginia or New York, for example, would be illuminating.

Regulators can also give Frontier some added incentives to guarantee the transition experience goes “exceptionally well” in the real world, not just in company press releases. Those incentives come in the form of stiff fines and guaranteed, automatic rebates for any customer affected by a service disruption. Right now, Frontier still requires most customers to personally apply for service credits for outages and other disruptions. That is a real hassle if you’ve ever called Frontier by phone and waited on hold, sometimes for an hour or more. Being promised a credit does not guarantee it will actually appear on your bill either.

Consider the experience of Lake Elsinore resident Kristi Coy. Her husband can’t sell video conferencing equipment online because Frontier’s Internet is too slow.

Coy was offered a service credit, but only after the problem was fixed. After the visit, she called Frontier and waited on hold 90 minutes before finally hanging up.

“How much are they going to give me, $20?” she said. “How long will I have to stay on hold? An hour and a half to get a $20 refund? It’s not even worth the time.”

Frontier should have a regulator-reviewed transition plan with contingencies in place for unexpected problems. That plan should prioritize returning customers to service, even if it means backing out of a system transition. Maintaining reliable service should be the first priority, not cost-savings or convenience for the companies involved. A full audit of exactly what Frontier bought from Verizon could have uncovered the discrepancies and corrupted data White blamed for the outages before the transition began. But that costs time and money. The prospect of a regulator-imposed fine costing even more delivers the cost/benefit formula customers (and Frontier, apparently) needs to assure customer protection.

Regulators need to start scrutinizing these consolidation transactions much more carefully, and reject those from companies that have a significant record of failing their customers. Frontier’s disastrous transition in West Virginia in 2010 led to months of news coverage and a number of very serious outages. More than five years later, service complaints are still coming in, mostly focused on poor broadband service. In Connecticut, Frontier had to cough up costly service credits and promotions to stop a flood of customers headed for the exits over Frontier’s messy transition from AT&T. Suspiciously familiar problems including service outages, billing issues, and missed service calls plagued Connecticut in 2015 just as they do in 2016 in Texas, Florida, and California.

We warned regulators in each instance that Frontier’s repeated poor performance should give them pause. We recommended regulators either impose extra requirements as part of any approval agreement or reject these types of deals outright. They chose to believe Frontier instead. So while Frontier executives and shareholders enjoy the proceeds of enhanced revenue and their regular dividend payouts, customers that depend on Frontier, especially small businesses, are in trouble. Dagwoods Pizza Parlor in Santa Monica is just one example.

Dagwoods manager Mark Peters said Frontier’s lousy performance in Southern California “has the potential to destroy small businesses” like his. This past Memorial Day weekend was a partial bust for Dagwoods because their Frontier-supplied phone and Internet service was down again until Frontier finally showed up to fix it.

“It’s a bad situation,” Peters told the Santa Monica Observer. “We can’t take orders, and this is our big night of the week. We’re really bummed out about the whole situation.”

The time for excuses and explanations has come and gone. The time for action, fines, and automatic service credits is overdue, but better late than never.

[flv]http://www.phillipdampier.com/video/WTVT Tampa Frontier Official Apologies For Service Outages 5-10-16.mp4[/flv]

WTVT in Tampa reports Florida Attorney General Pam Bondi is now taking a hard look at Frontier’s performance in the state. (2:41)