A California woman is suing Verizon Communications for selling her faster Internet service, at a higher price, the company cannot actually deliver.

Patricia Allen of Santa Monica filed suit in Los Angeles after Verizon sold her an upgrade to her current DSL plan that turned out to be anything but.  Allen was paying $23.99 a month for 768kbps service, but in March, 2011 Verizon promised they could give her a speed upgrade to 1.5Mbps for $11 more per month.

Exactly one year later, Allen learned her “upgraded service” performed no better than her original Internet plan, which itself only managed around 500kbps, and called Verizon to complain.

Verizon technicians quickly responded Allen could never get the benefits of a faster speed plan because she lived at least two miles from her local Verizon central office.  DSL speeds degrade with distance and can also be impacted by the quality of the landline network Verizon maintains in southern California.  Because Allen lives too far away to receive anything better than 700kbps service, she was advised to downgrade her $34.99 DSL plan back to the one she started with.

Allen requested a refund for the extra $11 a month she was paying for the last year for promised speed improvements Verizon never delivered, but the company flatly refused her request.  Allen is now taking her case to the California courts, and her legal representatives are seeking to have the case designated a class action covering all Verizon landline customers in California who, like Allen, are paying for Verizon-marketed speed upgrades they actually cannot receive.

The suit claims Verizon is well aware it is selling speed upgrades to customers who live too far away from the company’s facilities to actually benefit from the enhanced service, and pockets the proceeds without delivering improved service.  The suit alleges Verizon is engaged in unethical, unscrupulous, immoral, and oppressive business conduct in violation of California state law.

Verizon’s spokesman Rich Young called the lawsuit “baseless and without merit.”

Verizon Class Action Copy

Sen. Chip Rogers' vision of rural Georgia's broadband future

Sen. Chip Rogers (R-Woodstock) thinks he knows broadband.  He, along with several other Georgia legislators well-compensated by some of the state’s largest telecom interests, have defined appropriate Internet speeds at a remarkably low “200 kilobits per second,” less than four times faster than your old AOL dial-up Internet account.  The one you canceled in 1998.

With a background like that, it was no surprise last Thursday when technology leaders and city representatives from across Georgia testified before the Senate Regulated Industries & Utilities Committee, strongly objecting to Rogers’ SB 313, a bill bought and paid for by the very companies the legislation would effectively protect from competition.

Rogers argues he wants to “level the playing field” between private providers that currently dominate broadband service in Georgia, and the long-suffering communities in rural areas that have waited for faster Internet since the Clinton Administration.

City officials from Dalton, Newnan, Elberton, Thomasville, Cartersville, LaGrange, Hogansville and Monroe collectively noted the proposed legislation hardly represents a level playing field when it fully exempts the bill’s backers from any of its provisions.  Thomasville mayor Max Beverly noted the same cable and phone companies that fiercely fought for statewide cable franchises for themselves now want to impose rules that forbid publicly-run companies from operating outside of their respective city limits.

“We would have to turn off service to the county’s two largest employers,” Thomasville Mayor Max Beverly told the Senate panel. “There is no telling what that would do to jobs in our area.”

Those testifying uniformly noted they entered the broadband business because private providers refused to deliver adequate service in their areas.

What community broadband provides communities the big phone and cable companies don't.

“We started our cable system not on a whim but on a demand from our citizens to provide a higher level of service for cable TV and Internet,” said Newnan Mayor Keith Brady. “We got into the cable business originally to provide fiber optics and broadband because Charter Communications would simply not invest in our community.”

Now cable and phone companies across Georgia are supporting legislation that would make that community service next to impossible to provide.

“The most ironic part of legislation like SB 313 is that cable and phone companies only take an interest in rural broadband when they ghostwrite bills like this to stop other people from providing the service themselves,” said Stop the Cap! reader Max Curr. “When I lived in Hiltonia, some of these same companies laughed at me when I asked about broadband. It simply was not profitable, they were not going to provide it, and with this bill, they will make sure it stays that way.”

But the cost to consumers extends way beyond the most rural corners of the state. SB 313 also hurts existing cable and phone customers who pay higher rates because of the lack of competition.  That assures the kind of anemic broadband Rogers and his friends in the cable and phone industries are only too happy to define as 200kbps.  At least that is 10kbps more than a similar bill being pushed by telephone and cable operators in South Carolina.

Brady says their community-owned system not only provides broadband where Charter would not, the cable company also was forced to reduce their rates for consumers in nearby communities, saving taxpayers across the entire city and county millions.

In Elberton, the lack of broadband was so pervasive the 4,700 local residents demanded the city provide the service themselves. Commercial providers had stonewalled the county seat of Elbert County for years until the city broke ground on a broadband project in 2001.

Dalton Utilities' CEO Don Cope (left), Newnan mayor Keith Brady (right) (Photo: Georgia Municipal Assn.)

Elberton City Manager Lanier Dunn complained SB 313 undercuts the rational definition of minimum Internet speeds to levels most Americans would not even consider “broadband.”  Dunn noted that the 2010 National Broadband Plan calls for download speeds 250 times greater, and by 2020 500 times greater, than what Rogers’ bill currently defines as broadband service.

“We should be reaching for higher and faster speeds, not relegating ourselves to barely just above dial-up,” Dunn said.

Don Cope, president and CEO of Dalton Utilities, demonstrated that municipal broadband systems are not the financial risk large telecommunications companies always claim they represent.  In fact, Dalton’s system has never received a penny of tax revenue and its accounting is open to public scrutiny to prove it.

Cope noted SB 313 imposes restrictions on community providers, but completely exempts those owned by the companies pushing the bill.

“I would ask that you look at the private providers in the state,” Cope said. “Look at their reports, and you would see how many dollars that are provided to them from the federal government. We are talking about in the billions of dollars. All the [private telecommunications entities] that I know about have some form of government support.”

Dalton isn’t the only city in Georgia with a successful community-owned operation.

The city of Newnan found their system such a valuable asset, they sold it at a profit to a private company in 2008 and used the proceeds to pay off its remaining construction costs.

Sometimes you can’t please some people no matter what you do.

Kit Carson Electric Cooperative’s $64 million fiber-to-the-home expansion project will finally bring 21st century broadband speeds to northern New Mexico. The electric co-op intends to deliver broadband speeds up to 100Mbps to 20,000 largely rural residents and businesses in Taos, Colfax, and Rio Arriba counties who have had limited access to cable broadband or live with speeds often less than 1Mbps from CenturyLink-delivered DSL.

“It’s a whole new ballgame for rural New Mexico,” shares Stop the Cap! reader Raul. “But the pinheads at the local weekly newspaper are ringing their hands over the project, suggesting only businesses deserve 100Mbps while the rest of us should be satisfied with speeds under a megabit per second.”

Indeed, editors at the Sangre de Christo Chronicle are wringing their hands over the project:

But many of us in the Kit Carson service area already have Internet service — and we’re completely happy with it. Kit Carson CEO Luis Reyes, Jr. said a large portion of the organization’s electric customers are currently under-served by other providers with Internet speeds of less than one megabit (1,000 kilobits) per second.

We have no reason to doubt that, but many of these customers probably don’t need the higher speeds. For the Internet customers who use the Internet for email, Facebook, news and other basic functions, Kit Carson’s prices will be most important. Most of us will not pay more for faster Internet speed we don’t need, but we will consider switching to a local provider if it offers identical or better service and prices.

“CenturyLink barely delivers DSL today, and has shown no interest in investing substantially in northern New Mexico, and outside of concentrated built-up areas there is no cable competition,” Raul says. “Kit Carson is the only local concern that has shown any real interest in making our community better, and the local newspaper is complaining about it.”

Proposed service area for Kit Carson Electric's new fiber to the home network serving northern New Mexico.

Kit Carson Electric’s project will provide a true fiber-to-the-home service bundling television, telephone, and broadband service — a substantial upgrade over what the telephone company has on offer.  With speeds far beyond what cable and phone providers in New Mexico are accustomed to providing, the region stands to benefit from entrepreneurs building digital economy businesses over a broadband network that can actually help, not hinder online development.

Currently, area residents pay CenturyLink up to $55 a month for 1.5/1Mbps DSL service.  Residents are so excited by the prospects of much faster speeds at significantly lower prices, Kit Carson Electric has developed an innovative stop-gap service for residents still waiting for direct fiber connections — fiber-to-wireless service.  New and existing customers can sign up for the service for a $100 installation fee and choose from three service tiers:

• 3Mbps — $29.95/month
• 7Mbps — $39.95/month
• 10Mbps — $49.95/month

A three year contract is required (early termination fee is $200).  But customers who eventually obtain Kit Carson Electric’s fiber service will automatically satisfy their contract requirement.

“Kit Carson’s wireless project already blows away CenturyLink’s speeds and pricing, and that is for inferior wireless,” Raul argues. “The Chronicle doesn’t have a clue.”

We can’t understand the newspaper’s concerns either.  Kit Carson Electric has already demonstrated their prices (and interest) in northern New Mexico is superior to that of CenturyLink, owner of former Baby Bell Qwest, which serves New Mexico.

Republican Sen. Jeff Bingaman is thrilled with Kit Carson’s broadband initiative.

“This major investment in broadband technology is exactly the kind of project I had envisioned when I voted for the American Recovery and Reinvestment Act,” U.S. Senator Jeff Bingaman said. “This grant is not only creating jobs now in northern New Mexico, it is laying the groundwork to attract new businesses, improve healthcare services and create new education opportunities in the future.”

The electric co-op has been successful operating non-profit businesses selling propane, telecommunications, and economic development space.  The fiber project will also allow the electric utility to deploy “smart grid” technology to increase the efficiency of their electric service.

A groundbreaking ceremony at the broadband project’s command center held this past summer also coincided with a public emergency communications network upgrade which will increase the efficiency and reliability of first responders and other emergency and public safety agencies.

Cogeco customers in the Niagara Region watching their neighbors further north in Hamilton and Toronto enjoy faster broadband service can finally obtain faster Internet access from incumbent cable provider Cogeco, who this week unveiled three new faster speed packages in Niagara Falls and St. Catherines.

Cogeco’s Turbo 20, Ultimate 30 and Ultimate 50 High Speed Internet packages are all powered by DOCSIS 3 upgrades, which allow cable operators to bond multiple “channels” together to deliver faster Internet speeds.

Unfortunately, while download speeds of up to 50Mbps can be enticing, Cogeco’s upload speeds, even on their DOCSIS 3 network, are downright stingy.  Thanks to Cogeco’s relentless Internet Overcharging schemes, so are the usage caps.  The Turbo 20 package tops out at 20/1.5Mbps and offers only 80GB of included traffic.  After that, pony up $1.50/GB, up to a maximum of $50 in overlimit penalties.

The Ultimate 30 package includes 30/2Mbps with 175GB of data transfer capacity.  The Ultimate 50 pack delivers 50/2Mbps service with a 250GB cap.  But customers entranced with the extra speed should watch their wallets.  Cogeco’s overlimit fee is $1/GB on these packages with no maximum limit on those charges.

At least Cogeco is satisfied with their newest offer.

“We always strive to offer our customers more flexibility, speed and choices. Today, the whole family can use the Internet at the same time for online banking, video gaming, shopping or for downloading videos or films, and all with the same service. Cogeco’s HSI packages Turbo 20, Ultimate 30 and Ultimate 50 meet those needs perfectly,” said Ron Perrotta, vice president, Marketing and Strategic Planning.

The new Turbo 20 package is currently on promotion and offered for $44.95 per month for 12 months for customers who also subscribe to Cogeco’s Television and/or Home phone services, and for $54.95 per month for 12 months for those who only want to subscribe to the High Speed Internet service. Turbo 20’s regular price is $49.95 if bundled with other Cogeco services and $59.95 on a standalone basis.

For customers who subscribe to more than one Cogeco service, Ultimate 30 is offered for $59.95 per month and Ultimate 50, for $99.95 per month. Ultimate 30 and Ultimate 50 are also available on a standalone basis for $69.95 and $109.95 respectively.

Time Warner Cable customers in Maine are the first in the country to deal with Time Warner Cable’s decision to abandon analog cable television to make room for more digital channels, faster Internet speeds, and enhanced phone service.

Nearly 90,000 subscribers in 105 Time Warner Cable-franchised communities are receiving letters advising them they better clear off space on top of the television set if they don’t already have a cable box or a CableCARD.  They’ll need the space to accommodate a new set top digital adapter box that will let analog television sets receive the new digital signals.  In return, Time Warner Cable will be able to cram 10-15 digital channels into a space formerly occupied by just a single analog channel.

Time Warner Cable will provide a few of the devices for free until 2014, after which the company will begin billing customers $0.99 a month for each digital adapter still active on their account.

Customers in Lewiston, Augusta, Rumford, and Mexico are registering to receive the boxes on a special website Time Warner Cable has launched to handle the transition.  Those customers will see almost all analog cable signals cease on Wednesday, Oct. 19.  The only exception is Time Warner Cable’s “Broadcast Basic” channels, which include local over the air stations and public, educational and government access channels.  In Maine, that includes channels 2-22.

Time Warner Cable says customers with QAM-tuner-equipped televisions won’t need the digital adapters, but some Maine residents question that, noting Time Warner traditionally encrypts most of its QAM channels. There is a strong suspicion those customers will also need digital adapters or a set top box — a ludicrous situation for some.

“I own a set with a QAM tuner built-in, and it looks like I either pay Time Warner Cable for a digital set top box or watch signals downconverted into lower quality analog with a digital adapter,” writes Stop the Cap! reader Lou in Augusta. “Either way, I’ll be paying Time Warner Cable more either immediately, or in two years.”

Lou says the complexities of channel mapping QAM signals guarantees most subscribers will pay for a box.

“It’s cumbersome to scan for open QAM channels, the channel numbers are all messed up, and sometimes the numbers change without warning,” Lou says.

Lou opted for two digital adapters, one for an older bedroom television set and the other for his son’s bedroom.  He completed the installation on his own in about 30 minutes, noting Time Warner Cable will charge $17.99 to roll a truck to handle installation themselves.  The biggest wait came when it was time to authorize the boxes.

“They left me on hold 20 minutes and the woman apparently was not well-trained because she kept asking for help from a supervisor,” Lou shares.  “After getting the boxes activated, they worked about as well as expected, and at least now we can watch digital cable channels on analog televisions in the house without the more expensive set top box.”

Lou doesn’t mind the fact Time Warner is dumping analog cable, he just minds how they are doing it.

“There is no reason we should have to pay the cable company more just so they can consolidate channel space for their own benefit,” Lou says.  “Digital adapters should be free, forever, and QAM channels should be opened up so those of us with tuner-equipped televisions don’t have to get an unnecessary box or adapter just to watch digital channels.”

Time Warner Cable started their nationwide transition as far to the east as they possibly could.  But gradually, every Time Warner Customer will experience the digital transition for themselves.  For the cable company, the transition in Maine is also an experiment to learn what kind of reaction the company gets from its subscribers, says the Sun Journal:

Time Warner is unsure how the conversion will be accepted by the public. This region — from Camden to Waterville and Carrabassett Valley to Poland — is the national company’s first to make the switch. Other markets, including those in the rest of Maine, will follow, said Andrew Russell, spokesman for Time Warner New England.

Meanwhile, no one knows for sure how many boxes will be distributed or whether people will accept the fees when they begin in 2014.

From the cable company’s perspective, the fee is nominal. Similar conversion boxes, which only convert digital signals and don’t unscramble them as Time Warner’s do, cost $40 to $60 at local technology stores.