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World War III: Telecom Companies Promise All-Out Legal War if FCC ‘Goes Too Far’

Phillip Dampier April 5, 2010 Net Neutrality, Public Policy & Gov't 1 Comment

FCC Headquarters in Washington, D.C.

America’s broadband blueprint could wither on the vine of good intentions if some of America’s largest telecommunications companies prevail in efforts to derail the parts they dislike.  This morning, Reuters reports Julius Genachowski, the chairman of the Federal Communications Commission, and his circle of advisers are weighing options to try and keep the Obama Administration’s broadband policies on track.

They have their work cut out for them.

Net Neutrality vs. Restraint of Trade

In January, the Federal District Court of Appeals for the District of Columbia gave a hostile reception to the Commission’s argument it had the authority to order Comcast to stop throttling the speeds of their broadband customers.  Although Comcast complied, they also filed suit claiming the FCC overstepped its boundaries when it interfered with the company’s business practices.

A favorable court ruling for Comcast could create major problems for the Obama Administration’s Net Neutrality plans and broadband industry oversight in general.

Those monitoring the DC Circuit suspect the court will find for Comcast, but to what degree is unknown.  A narrow ruling could simply find the FCC erred in how it censured Comcast.  A broader ruling could require the Commission to seek more explicit authority from Congress to oversee broadband.  A sweeping ruling could wipe away the Commission’s ability to involve itself in broadband oversight, period.

Plan B: Regulate Broadband Under Existing Telephone Rules

One way around a court ruling unfavorable to Commission oversight powers would be to regulate broadband services under the existing rules governing phone service.  The most controversial aspect of those rules are found in “common carrier” provisions — including those that could potentially force open the broadband networks offered by cable and telephone companies to third party competitors.

While telephone companies have grudgingly accepted their more regulated status under the Commission’s regulatory service model, broadening it to also cover broadband will start World War III, according to Susan Crawford, former special assistant to President Barack Obama for science, technology, and innovation policy.

With billions in profits at stake, large telecommunications companies from AT&T and Verizon on the telephone side to Comcast and Time Warner Cable on the cable side would likely file lawsuits demanding such regulatory policies be deemed unconstitutional or also exceed Commission authority.

One warning sign that Obama’s FCC is not the same as the one in place under President Bush arrived in last week’s approval of a merger between Skyterra, a satellite company planning a nationwide 4G mobile network, and private capital equity firm Harbinger.  The FCC included provisions in the approval permitting the agency to review any plans by SkyTerra to lease or provide wholesale access of its spectrum to AT&T Mobility or Verizon Wireless.  In effect, the Commission can veto moves by the two mega-carriers to become even larger through SkyTerra.

AT&T and Verizon Wireless called the FCC’s approval terms “flawed” and “manifestly unwise and potentially unlawful.”

Congressional Action: Reopening the Telecommunications Act of 1996

The presidential signing ceremony for the 1996 Telecommunications Act

Another possible option for the FCC is to seek expanded authority with the passage of new telecommunications laws enacted in Congress.  The last wholesale review of telecom policy was during the second term of the Clinton Administration.  The 1996 Telecommunications Act was a gift to the industry, delivering sweeping deregulation, allowing increased consolidation and reduced oversight.

Opening the door to a 2010 Telecom Act would bring millions of dollars in lobbying by large players to preserve, protect, or expand their positions in the marketplace.  Many providers still favor telecommunications reform that would further deregulate their businesses.

Amit Schejter, professor of telecommunications policy at Penn State University, told Reuters he doesn’t believe Congress can pass such legislation at this time, especially with a divided, partisan Congress.

Not everyone is concerned that the FCC’s position between a rock and a hard place is all that unusual.  The last administration’s FCC rarely tangled with the telecommunications industry.  That Chairman Genachowski may be leading the Commission in a different direction is welcome news for some.

“The only reason this looks new and shocking is that for so long the FCC hasn’t made a decision opposed by a major company,” Ben Scott, policy director for Free Press told the Washington Post. “The FCC has spars with companies on a regular basis and this is good news.”

Comcast’s Usage Meter Rolled Out to Most Customers Nationwide

Phillip Dampier April 1, 2010 Comcast/Xfinity, Data Caps 4 Comments

Comcast's usage meter is now available in 25 states

Comcast customers in at least 25 states have been notified that Comcast’s new usage measurement meter is now up and running.  Comcast introduced a 250 GB monthly usage limit in August 2008 after the Federal Communications Commission stopped the company from throttling usage-intensive file-trading applications.  Comcast has enforced the cap among those customers who regularly exceed it by wide margins, usually warning customers by phone or mail that they must reduce usage or face account suspension.  The usage meter application allows the company to direct customers to the self-measurement tool the company hopes will reduce the need for warnings.

Customers in Alabama, Arkansas, Connecticut, Colorado, Delaware, Florida, Georgia, Kansas, Maine, Maryland, Minnesota, Missouri, Nevada, New Hampshire, New York, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia, and Wisconsin should have already or will receive e-mail from the company officially notifying them about the launch of the usage meter.

Since the meter was introduced, broadband usage and pricing has increased for many customers, but the usage cap has not.  While generous by current standards, an inflexible usage limit will increasingly trap customers who use Comcast broadband service for high quality video streaming, file backups, or file trading activities which can consume considerable bandwidth.

Informally, Comcast has allowed some residential customers to purchase second accounts if they intend to blow past their usage allowance, because the company currently offers no official provisions for those who exceed the limit.

AT&T, Verizon Profit From Illegitimate Cramming Charges on Customer Phone Bills

Phillip Dampier March 30, 2010 AT&T, Consumer News, Editorial & Site News, Verizon 7 Comments

This AT&T customer was billed $12.95 in cramming charges. (Click image for more information)

AT&T and Verizon are among the top recipients of ill-gotten gains from so-called “cramming” incidents — customers who find unauthorized charges on their phone bill placed there by third party companies that maintain a cozy billing relationship with the two phone companies.

Boston-area resident Mike Cunningham paid $567 in phone charges billed “conveniently” to his Verizon Wireless phone bill.  Only he didn’t authorize them.

Cunningham recently sat down and reviewed nearly two years’ worth of dozen-page phone bills scrutinizing them for unauthorized charges.  Speaking to the Boston Globe, Cunningham didn’t initially notice the “enhanced voice mail’’ charges of $14.95 and $13.22 buried on pages five and six.  That’s not surprising, since many Verizon Wireless customers are now billed online and most customers don’t wade through multi-page online billing statements.

After Cunningham added several years of these monthly charges up, totaling $567, that got his attention.

Cunningham was billed by ILD Teleservices Inc., which said Cunningham’s grandson — then 10 years old — ordered its services while on a website that offers free video games. Cunningham said his grandson, who doesn’t have a cellphone, did not intentionally order voice mail — and knew nothing about it.

ILD generates an enormous number of complaints about unauthorized charges placed on consumer phone bills.  The company describes itself as a leading payment processor of online transactions between merchants and consumers, processing more than 120 million billing transactions per year totaling $500 million of third party charges placed on telephone bills.  Although the company claims to put its potential clients through a rigorous screening process, the avalanche of customer complaints, including the fact a 10-year old was able to be victimized by one of ILD’s clients, suggests otherwise.

Even worse, companies like AT&T and Verizon profit handsomely from fees paid by payment processors like ILD to gain the lucrative ability to charge customers’ phone bills for services, ordered or otherwise.  With a profit incentive to protect, consumers are getting the short end of the stick when calling Verizon or AT&T to complain.  More often than not they pass the buck (while keeping the change for themselves) back to the third party billing agency to try and secure refunds.

Only a staggering amount of potential earnings from such billing practices would seem enough to make risking the customer’s relationship with their phone company worthwhile.  After customers spend hours dealing with unruly and hostile customer service representatives working for such billing agencies, there is little chance that customer will be endeared to the phone company that put them through the nightmare in the first place.

Susan from Ambler, Pennsylvania is an excellent example:

“ILD Teleservices placed a charge on my Verizon phone bill for a service that was not requested, authorized or that would even work (ringtones for a land line!) on Feb 22, 2010. When I called Verizon to question the bill, they informed me the charge was not a Verizon charge but from a third party company,” she told Consumer Affairs.

David in Galt, California was billed by ILD on his AT&T phone bill for ordering a service over his home computer, an amazing feat considering he doesn’t have one.

I received a charge of 14.95 on my AT&T phone bill from ILD Teleservices. They claimed that someone in the household went online and ordered the service. We did not have the capability to do that with no computer at the house,” he writes.

More than 3,000 complaints have been logged against ILD by Consumer Affairs, with customers highly annoyed that their phone companies refuse to stand by them when illegitimate charges show up on their phone bills. John from Wisconsin got no help from AT&T when identify theft allowed someone to add unwanted services to his phone bill under his wife’s name.

It turns out someone signed him up for TotalContactSolutions, a Florida-based company that charges $14.95 a month to alert up to 10 people with text or voice messages “during catastrophic events such as terrorist attacks or natural disasters.”  Perhaps the service will come in handy to contact those 10 friends and family members when you discover the charges on your phone bill and pass out on the floor.

John reports his credit rating is being terrorized by a company that refuses to refund the unauthorized charges unless he can prove, with an e-mail from AT&T no less, that nobody could have signed up for the service from John’s home.  Unfortunately for John, AT&T’s surveillance of its customers doesn’t extend that far, and the company refused to forgive the charges, instead threatening him with collections.

Unfortunately, your tax dollars are hard at work paying for state utility commissions, the Federal Communications Commission, and consumer service agencies to assist consumers who are victimized twice by cramming charges — once by Verizon or AT&T for allowing them on their bills in the first place, and a second time trying to deal with a third party company to reverse them.

A Boston Globe review of more than 200 cramming-related complaints from consumers — filed with the Massachusetts Department of Telecommunications and Cable and the attorney general since 2007 — found that state workers reviewing complaints sometimes spent hours trying to resolve a single one.

The case of Soren Jensen, a retired engineer who lives in Duxbury, is typical. Jensen said he spotted four charges of $9.99 apiece for text messages on his wife and son’s cellphone bills starting in 2008. There was a common thread: Jensen’s wife and son said they had both taken IQ tests online, entering their cellphone numbers to receive the results. He suspected they mistakenly signed up for text messaging in the process.

After reviewing the fine print on his bill and doing some online sleuthing, he found Verizon Wireless had an agreement with Solow, a computer gaming website that contacts players using a text message service that charges $9.99 per message.

Jensen said he called Verizon Wireless to complain, and the company agreed to remove one of the $9.99 charges.

“I just don’t get why Verizon doesn’t want to protect us, as the customer,’’ Jensen said. “Verizon should not allow this kind of stuff. It raises a lot of questions.’’

The answers aren’t difficult to find when you follow the money.  Both AT&T and Verizon collect plenty from fees charged to cramming companies and billing agencies for the right to bill their services directly on your phone bill.  Neither company will disclose exactly how much they profit from such arrangements, but they are clear about who is responsible when mystery fees turn up on your phone bill:  you are.

Both companies told the Boston Globe they “encourage customers to scrutinize their bills to make sure they are not improperly charged for services.”

And they make that very easy by labeling mystery fees with such helpful billing descriptions as “enhanced calling service” or “enhanced voicemail.”  One of Stop the Cap!‘s readers was billed for services described as an “enhanced recovery fee” and another for “customer support and assistance.”

Verizon claims complaints about third-party charges are “infrequent” and says customers can contact the company and block all third-party charges from their bills, something we strongly recommend you consider doing before being victimized.

AT&T won’t go that far.  It told the Globe:

AT&T, which also allows third-party billing, advises customers to direct their complaints to the company assessing the fee. Names of third-party vendors are disclosed on AT&T bills, the company said. “AT&T’s third-party billing contracts require service providers to address cramming complaints appropriately, including issuing credits if customers have been crammed,’’ an AT&T spokeswoman said in an e-mail.

But AT&T is still in the business of scaring its customers.  TotalContactSolutions maintains a required AT&T customer disclaimer on their website, which includes several states where AT&T can disconnect your phone line over billing disputes:

You have the right to dispute the Employee Notification Services charges billed on your local telephone bill. You are not legally responsible for Employee Notification Services charges incurred by minors or vulnerable adults without your consent. Your local telephone service will not be disconnected because you fail to pay a charge by Employee Notification Services, except that nonpayment of certain regulated telecommunications charges may result in disconnection of service in AL, FL, GA, KY, LA, SC, and TN.

And we know what phone company lobbied their way into obtaining the right to cut your service off if you don’t pay, don’t we?

In the end, Cunningham got refunds for the unauthorized fees on his Verizon Wireless bill, after the companies discovered a minor child was involved.

ILD claims to have sent Cunningham $1,000 in coupons as part of a settlement, something Cunningham claims is a lie.  Cunningham is better off without them.  The $1,000 in coupons ILD offered is suspiciously similar to an offer from another ILD client that promises that amount in grocery coupons you can print on your computer… if you sign-up for enhanced voicemail service for $12.95 a month.

Was this the $1,000 in "free coupons" offered to Mike Cunningham? If so, it comes with some very expensive strings attached.

Cunningham is so disgusted with Verizon Wireless for putting him through this ordeal, he wanted to cancel his service and move on.  But Verizon knows how to hold customers captive.  Instead of sending him a refund check for $567, they applied it as a credit that can only be redeemed by remaining a Verizon Wireless customer until the credit is exhausted.

“It’s like salt in the wound,’’ he told the Globe. “I can’t leave. I’m a captive audience.’’

Stop the Cap! notes the Federal Communications Commission is overwhelmed with cramming complaints that number well into the thousands every year.  Since telephone companies refuse to stand up for their customers, it is imperative that the FCC order phone companies to stop allowing all third-party billing unless and until a customer “opts-in” to such billing, in writing.  No third party “opt-in” requests should be permitted, and customers should not have to chase their phone companies to opt-out of a service that has a built-in profit incentive for funny business, fraud, and costly scams that cost customers enormous time and money to resolve.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/CBS News Cramming Charges 2-23-08.flv[/flv]

The CBS Evening News ran this item about cramming charges and the problems they cause customers more than two years ago, interviewing a representative from Verizon Wireless.  Very little has changed as the money, and complaints, keep pouring in.  (3 minutes)

Best Broadband Speeds in America Fly in the Corridors of Power – Washington, DC & New York City

Phillip Dampier March 23, 2010 Broadband Speed, Public Policy & Gov't 12 Comments

The Federal Communications Commission is catching on to a long-known telecommunications industry secret — always provide top quality, showcase service in areas where the movers and shakers of power and politics can make your life easy or hard.  Early results from the Broadband.gov national speed test project confirm this is still the case.  After a few weeks of testing, the FCC reports America’s best broadband speeds are available in and near two cities – Washington, DC and New York, NY.

In Virginia and Maryland, where most of DC’s workers-by-day commute home to at night, average download speeds topped out at 11-13Mbps.  Upstream speeds were, on average, best in the nation at around 3.6-4.3Mbps.  In New York and Massachusetts, where Verizon, Comcast, and Time Warner Cable predominate, average downstream speed was 11.6-13.6Mbps, but upstream speed in the northeast suffered more thanks to upstate New York and western Massachusetts dragging the numbers down.

Several critics have joined Stop the Cap!‘s concern that the two speed tests, provided by Ookla and M-Lab, are providing widely different results.  The FCC plans to expand the available speed test options shortly to attempt to get a wider sampling of broadband speeds.

Despite this, Jordan Usdan, an attorney-advisor to the Broadband Task Force, claims the group is happy with the results:

87% of test takers are home users, which is the FCC’s target audience with this application. Additionally, a clear trend is visible across business sizes, high bandwidth connectivity for community institutions, and lower bandwidth for mobile connections. Again, these results are non-scientific extrapolations from the Beta version of the Consumer Broadband test. Additionally, about 98% of user submitted addresses are geo-coding correctly, which is a very good rate.

Thus far, Californians have taken the most speed tests, but their results are less impressive than those enjoyed on the Atlantic seaboard — average downstream speeds in the state are 10.1 to 11.5Mbps; upstream speeds are 2.1 to 2.6Mbps.

Where are the worst speeds?  In the Northern Plains states, where rural populations predominate.  Idaho, Wyoming, and Montana delivered the worst combined upload/download speed results.  But speeds are only marginally better in the midwest and southeast — with lots of low scores in the Carolinas, Tennessee, and Mississippi.  Customers in northern New England stuck with FairPoint Communications also have little to celebrate.

Inside the Beltway Tickle Party: Karen Peltz Strauss, Telecom Industry Front Group Board Member, Gets Job At FCC

Strauss

This week Federal Communications Commission chairman Julius Genachowski appointed Karen Peltz Strauss Consumer and Governmental Affairs Bureau Deputy Chief.

Strauss is supposed to focus on disability issues, among other things, and will help the Commission to implement the components of the National Broadband Plan that address access for people with disabilities, including leading the effort to develop a proposed Accessibility and Innovation Forum.

“The FCC has a vital role to play in empowering and protecting all consumers and ensuring they have access to world-class communications networks and technologies” said Chairman Genachowski. “I look forward to drawing on Karen’s extensive experience with telecommunications access issues to realize those goals.”

A news release from the FCC includes a brief review of her 25 years’ experience working on telecommunications access for people with disabilities.

But the agency forgot to mention Strauss also serves on the board of directors of an industry front group — the Alliance for Public Technology.  APT claims it represents the best interests of consumers, but considering who is writing the checks, that’s highly doubtful.

APT’s website suggests the group “makes policy decisions based on the potential benefit to consumers. The Board members themselves as well as APT’s member organizations serve the education, health care, social service and economic development needs of senior citizens, people with disabilities, minorities, children, low income families, rural communities, and all consumers.”

That’s true, if you, as a consumer, are for big telecom mergers like AT&T and BellSouth, which APT supported, oppose Net Neutrality, which APT feels should not be imposed on providers, liked the idea of Cingular being absorbed into AT&T’s empire of wireless, which APT also supported, and so on.

In fact, this group even praised Verizon’s willingness to invest in West Virginia:

Verizon has demonstrated a commitment to increased investment in advanced telecommunications capabilities. According to the company, Verizon invested almost $560 million in its Maryland network and $150 million in West Virginia in 2001 (2002 figures not available). Verizon added more than 31,000 miles of fiber optic cable in Maryland and 20,500 miles of fiber optic cable in West Virginia. Over 2.5 million access lines in Maryland now have access to DSL. Authorization to provide in-region long distance service in Virginia will facilitate Verizon’s capacity to build on economies of scale and scope in order to provide a high standard of service and accelerated deployment of advanced technologies to the consumers of Maryland, Washington, D.C., and West Virginia.

The only thing Verizon wants to accelerate in West Virginia is their exit.

Laughably, one of the reasons APT supports AT&T so much (besides the big checks the company writes to fund their operation) is:

With BellSouth’s entry into the Florida and Tennessee long-distance markets, AT&T began to offer 30 minutes of free long distances to its customers and inserted “thank you” messages into the time between a customer dials a number and the connection occurs. These actions demonstrate tangible benefits for consumers because of an increased number of competitors in the long distance market.

I know that makes me feel warm all over.  Who should I call first?

Wading through APT’s public policy positions unearths absolutely no surprises.  They exist to advocate for the interests of the companies that fund their operations, and that includes all the bully boys:

  • AT&T
  • CTIA
  • Embarq
  • Qwest
  • United States Telecom Association
  • Verizon

Despite this, APT writes with a straight face, “These companies give donations based on a shared vision for the ubiquitous deployment of high-speed telecommunications technology, but have no say in the governance of the association.”

Sure they don’t.  But then again, those checks would stop coming if APT began actually representing the consumers they claim to care so much about.

It’s disappointing the FCC would want someone so closely aligned with the interests of large telecommunications companies working to implement a National Broadband Plan that is supposed to represent the public interest.

It’s just another example of the Inside the Beltway Tickle Party, where lobbyists and “dollar a holler” experts flow between government jobs, privately-funded think tanks, and the private sector.  Consumers are only too aware that their best interests are not represented by employees whose loyalties change depending on what hat they wear to the office.

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