When a company like Comcast grows so big, it no longer cares whether its marketing claims are true or false, perhaps it is time to put those claims to the test in court or before a state attorney general for review.

Recently, Comcast’s claim it runs the fastest Internet Service Provider in the nation came under scrutiny by the Better Business Bureau. The simple truth is, Comcast is not the fastest ISP in the nation — not even close. But because PC Magazine ran a limited test of some national broadband providers and found Comcast barely making it to the top, the cable giant has been running ads across the country that are disingenuous and incomplete at best, completely misleading and false at worst.

Phillip “Comcast is not too big to deserve a FAIL“ Dampier

The National Advertising Division of the BBB, a self-regulating industry-controlled body, found the advertising deceptive, which says a lot for a group that lives or dies on the whims of the industries that support its operations.

NAD previously determined that Comcast cannot, based on its current offerings, make an unqualified claim in national advertising to be faster than the competition. NAD noted that while Comcast is the fastest Internet option for 94 percent of the 52 million households in its competitive footprint, it is not the fastest where Verizon FiOS is available.

Consumers need deep pockets to read the actual report that mildly criticizes Comcast. The NAD keeps the public out of its business with a subscription rate of $550 a year to read detailed individual case reports. We learned about the case from one of our readers who shared a copy.

Among the false claims Comcast is still making:

• “It’s official.  We’re the fastest.” — Officially, Comcast is not the fastest.
• “…the fastest downloads available.” — False.
• “FiOS Does Not Live up to Expectations….With Speeds of Up to 105Mbps, XFINITY was rated as the fastest Internet provider in the nation by PC Magazine.” — But FiOS speeds are faster than Comcast. PC Magazine did not test Verizon FiOS.

Comcast agreed to consider making changes to their advertising to comply, but that now appears to be a non-starter.

In Chattanooga, Tenn., EPB Fiber broadband beats the pants off Comcast. No, it’s actually worse than that. EPB embarrasses Comcast’s comparatively slow broadband service. While Comcast was looking for a way to manipulate customers into using its Xbox online video app to avoid their unjustified usage cap, EPB customers were bypassing that problem altogether by choosing EPB’s fiber to the home service that doesn’t have usage caps and delivers speeds up to 1Gbps.  Comcast, (remember they are “America’s fastest”) tops out at 105Mbps.

One would think Comcast would be hurrying their blatantly false advertising off the air and out of sight in Chattanooga, but the company has refused.

The Times Free Press reports Comcast won’t be making any changes to their ads, and has actually doubled-down with more blatantly false marketing claims. Why? Because EPB is too small of a player for Comcast to be concerned with telling the truth:

Jim Weigert, vice president and general manager of Comcast in Chattanooga, said the request won’t apply to this area and advertising will stay the same.

“I don’t see any changes at all,” he said. “Our use of that designation as the fastest ISP and fastest commercial ISP is still the same and will still be used the same as it is today.”

Weigert said local networks such as EPB, which delivers maximum download speeds about 10 times faster than those of Comcast, is too small of a player to affect the region’s advertising or PC Magazine‘s designation.

“Those awards exist, and we just need to make sure we’re using it properly and quoting it properly,” he said. “It doesn’t reference EPB at all because they’re not national. They’re not big enough to get that attention.”

In other words, actual facts about broadband speed don’t matter. With standards like this, it is only a matter of time before we’ll be seeing program length commercials for snake oil.

Beyond the fact Comcast is morally and ethically wrong here, I’m not sure I would want my company admitting to customers truth should come in second. With that kind of attitude, Comcast customers should put their wallets in their front pockets, leave the kids home and lock their car doors before visiting a Comcast Cable Store.

Deborah Dwyer, public relations supervisor for EPB, notes the Comcast ads are self-serving and “cause pretty significant confusion among the public.”

At least the public that still believes what Comcast Cable tells them represents the truth.

Chattanooga, Tenn. is teaming up with U.S. Ignite to leverage America’s first Gigabit broadband city as the home of super high speed broadband innovation.

Municipally-owned EPB’s fiber to the home network is already attracting big businesses and high tech jobs to southeastern Tennessee, but now it will become an incubator for America’s next generation of broadband applications and services. U.S. Ignite will use EPB Fiber’s network to help foster the creation of new digital applications that will transform health, education, public safety, and manufacturing and help keep America a leader in high tech innovation.

It took a public, community-owned utility with the vision of an American fiber optic future to make this possible. Cable and phone companies have unilaterally decided there is no need for gigabit broadband. Will community broadband and marketplace game-changers like Google ultimately be the salvation of America’s high speed future?

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Chattanooga US Ignite.flv[/flv]

Learn more about Chattanooga’s broadband success story through this video, which also introduces U.S. Ignite’s new project. (3 minutes)

Comcast’s claim that its Xfinity Internet is the “fastest in the nation” is demonstrably false and has led to a request by the National Advertising Division, a self-regulating industry group, that Comcast pull the ads.

The NAD found Comcast was basing its claim on this 2011 PC Magazine article that gave high ranks to Comcast, along with Cox and Charter, for fast download speeds. But PC Magazine‘s study failed to account for Verizon FiOS and other fiber broadband providers, who routinely deliver upload and download speeds far in excess of what Comcast can offer.

The report (Case #5463 — available only to subscribers), recommends that Comcast stop making the claims in markets where fiber networks like FiOS are available. Where the company does choose to run the ads, they should disclose the PC Magazine report as its source.

Comcast’s cable broadband can deliver faster speeds than traditional telephone company DSL, but fiber broadband can deliver much faster service with equal upstream and downstream speeds of up to 1Gbps.

Comcast said it would consider the NAD’s recommendations.

AT&T seems to have suddenly discovered it has millions of rural customers who are making due with the company’s poorly-rated, slow speed DSL service AT&T pondered selling off to somebody else.

In a sudden turnaround, CEO Randall Stephenson has decided it might be better to upgrade the company’s service instead of ditching it altogether.

Stephenson’s apparent decision not to jettison rural AT&T landlines on the open market may have more to do with the current regulatory climate than what’s best for shareholders in the short term. AT&T may also find few buyers for the millions of rural landlines the company has no plans to upgrade to its U-verse fiber to the neighborhood platform. The most likely would-be buyers are preoccupied with their current operations:

• Frontier Communications, which purchased rural assets from Verizon Communications, is facing an enormous debt payment in 2013 and a declining stock price;
• FairPoint Communications, which owns former Verizon landlines in northern New England, is still trying to make its business plan work after an earlier bankruptcy filing;
• CenturyLink is still attempting to absorb former-Baby Bell Qwest into its network;
• Windstream may be too small to buy the millions of customers in multiple states AT&T seemed to no longer want until recently.

Stephenson told investors at a Sanford C. Bernstein conference that the company is now considering keeping its rural customers and upgrading DSL technology to better serve them.

A DSLAM reduces the amount of speed-slowing traditional copper phone wiring between the telephone company's "central office" (CO) and your home's DSL modem.

With 15 million AT&T customers having no prospect of getting AT&T’s U-verse service, and 5 million without any AT&T broadband options at all, Stephenson says investment in Internet Protocol Digital Subscriber Line Access Multiplexers, better-known as IP DSLAMs, could extend service and also improve speeds for existing DSL customers, and not cost the company a fortune.

Stephenson noted the cost of the equipment needed to extend service has dropped considerably, in part because demand for DSL has been in decline as customers seek faster broadband, often from cable operators. The two largest phone companies in the country — AT&T and Verizon — had also shown little interest in further expanding their DSL networks.

For a reasonable investment on service upgrades, AT&T could bring speeds of 10Mbps or more to certain customers who now live with 6Mbps or less.

The challenge AT&T faces is reducing the amount of legacy copper telephone wiring between the phone company’s switching office and the customer. Customers who live more than 10,000 feet from a central office make due with very slow DSL speeds. Replacing some of that copper wiring with fiber optics can dramatically increase speeds.

AT&T U-verse works on a similar concept, except AT&T’s most advanced service needs as little copper phone wiring as possible. AT&T’s newest proposal for its rural customers would represent a middle ground — extending fiber to a handful of DSLAMs at distant points from the central exchange, with copper phone wiring carrying the signal the rest of the way to the subscriber’s home. This would open the door to DSL for customers who could not purchase the service before. It would also boost speeds for existing customers.

The decision marks a departure from AT&T’s interest in “solving” the rural broadband problem with heavily usage-limited wireless Internet access over its 4G network. Verizon Wireless is currently testing its own wireless broadband service designed for home users, but it costs $60 and only provides 10GB per month of usage.

While Stephenson has not backed away completely from selling off rural customers outside of U-verse service areas, he told investors he now has a more optimistic view of AT&T’s rural folk in light of marketplace changes.

“We are giving this a hard look,” Stephenson told investors on a recent JPMorgan conference call. Already-available DSLAM technology “brings broadband capability in a more cost-effective manner, with a better revenue profile than perhaps we would have thought two years ago.”

Our-verse

Last week, Stop the Cap! reported AT&T customers in Connecticut were being told to dump their long-standing DSL service in favor of a forced upgrade to AT&T U-verse. Now some Texans are in the same boat, only that “free upgrade” AT&T offered ended up costing one angry customer $337.

The Star-Telegram found Judith Hedges, who reports she was bullied and intimidated by AT&T’s increasingly threatening letters warning if she did not upgrade her Internet connection to AT&T U-verse, her DSL service will be summarily disconnected.

AT&T pulled the plug last week, leaving Hedges without Internet service.

Consumer reporter Dave Lieber writes, “AT&T has found a new way to lure customers to its supposedly faster U-verse service: Force them to take it.”

As AT&T installs U-verse fiber to the neighborhood service, the company has decided to stop investing in its older DSL technology, and when conditions are right, the company sends letters to their existing DSL customers imposing an “upgrade” to U-verse.

Hedges suspected the threatening letters were part of a high-pressure sales pitch to add TV and phone service, services she did not want, so she tossed the letter away. Big mistake.

AT&T is giving out different answers as to when and why they are forcing DSL customers to switch to U-verse. One told Lieber the company is now introducing forced upgrades wherever U-verse becomes established, another told the reporter the choice remains with the customer as long as the company does not decommission its DSL service in a particular exchange.

AT&T told the newspaper “the large majority of existing customers we’re reaching out to can upgrade to the same-speed package on U-verse without an increase to their broadband bill.”

But that does not always turn out to be true. Hedges signed up for the “free upgrade” to get her service back and promptly found it was more expensive than what she had. In fact, the company loaded her first bill with add-on equipment fees, installation charges, surcharges, taxes, and fees:

• AT&T U-verse temporary promotional rate: $29.95
• Internet Gateway fee: $100
• Installation: $149
• Taxes, fees, and surcharges

The total price for Hedges “free upgrade?” $337. AT&T will reserves the right to bill her a late fee if her check is not forthcoming.

“Apparently, this is the world we live in,” Hedges says. “And AT&T reigns supreme.”