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Frontier Files Opposition to Time Warner Cable/Comcast Merger; Harms Video Competition

Phillip Dampier September 2, 2014 Comcast/Xfinity, Competition, Frontier, Public Policy & Gov't Comments Off on Frontier Files Opposition to Time Warner Cable/Comcast Merger; Harms Video Competition
Frontier used Time Warner Cable's usage cap experiment against them in this ad to attract new customers in the spring of 2009.

Frontier used Time Warner Cable’s usage cap experiment against them in this ad to attract new customers in the spring of 2009.

Frontier Communications has filed a rare objection with the Federal Communications Commission opposing the merger of Comcast and Time Warner Cable, citing concerns the merger would further harm competition and prevent Frontier and other competitors from getting fair access to programming owned by the combined cable companies.

“Comcast’s appetite for market control threatens the competitiveness of the video market,” wrote Frontier. “Comcast is already the largest Internet provider and largest video provider in the United States. If approved, Comcast’s video subscriber base would be approximately 52-times the size of Frontier’s video subscriber base.”

As Stop the Cap! wrote in its own objections to the merger, would-be competitors can and will be deterred from competing for video subscribers if they cannot obtain reasonable wholesale rates for popular cable programming. Currently, the largest providers extend the best volume discounts to the country’s largest satellite and cable operators. They make up those discounts by charging smaller customers higher rates. Frontier, as we noted in our filing, has already experienced the impact of volume discounting in its adopted FiOS TV areas in Indiana and the Pacific Northwest. Losing volume discounts originally obtained by Verizon, Frontier faced substantially higher programming costs as an independent provider — costs so great the company began asking customers to drop its own fiber television product in favor of third-party partner DISH, a satellite provider.

“Small multichannel video programming distributors (MVPDs) like Frontier cannot achieve the scale necessary to drive down programming costs, which are based upon an MVPD’s subscriber totals, to the same levels that Comcast can with this transaction,” noted Frontier. “Further, Comcast would own an enormous share of the “must have” programming that customers demand and could exercise its market dominance to either outright deny such programming to its competitors or to functionally deny the programming by charging exorbitant rates for content.”

“While Frontier continues to grow its subscriber base organically by delivering a quality product in its markets and also by acquiring AT&T’s wireline assets in Connecticut, the cost of content for video programming remains staggering for new entrants that lack the scale and scope of cable companies like Comcast and Time Warner Cable individually, let alone that of the merged entity,” said Frontier. “It is no mere coincidence that AT&T announced its proposed acquisition of DirecTV shortly after Comcast announced its intention to purchase Time Warner Cable. AT&T recognized the need to improve its subscriber scale in order to compete with Comcast on video programming pricing.”

Frontier noted the Federal Communications Commission also expressed grave concerns over Comcast’s ability to affect video competition during its acquisition of NBCUniversal. That merger was approved only after Comcast agreed to several conditions to avoid anticompetitive abuse in the marketplace. But Frontier complained a further acquisition of Time Warner Cable would only exacerbate competition concerns, even as Comcast argues the FCC should not contemplate any further investigation of the subject during its current merger review.

Frontier to Introduce $4.99 Security Landline Service, Gives Up on Expanding Video Services

Frontier is introducing a new $5 a month disaster landline service in June.

Frontier is introducing a new $5 a month disaster landline service in June.

With plenty of talk about the impact of global climate change, Frontier Communications will soon introduce a new inexpensive landline service to help customers plagued by weather disasters.

Frontier Security Phone is a $5 a month landline that can only reach 411 and 911 — perfect for those who lose their Voice over IP phone service in a power failure or find cell service clogged or otherwise unavailable.

“Our [service areas] are very prone to severe weather, lots of hurricanes, tornadoes and the mud slides in Washington State,” said Frontier CEO Maggie Wilderotter. “We have markets that are very plagued by bad weather and having a landline phone that works when your power goes out where we have a density of 34 homes a mile is important.”

Frontier will market the bare bones landline service to customers planning to disconnect service in favor of another provider as well as those that already have. Unlike basic budget service, Frontier Security Phone will not be able to make or receive regular phone calls — it is intended for emergency-use only.

Little known to most Frontier customers (and only mentioned on their website in a thicket of tariff filings) is that different types of landline service are available. By switching away from flat rate service to a measured-rate plan, where each local outgoing call is charged at a prevailing per-call rate (usually under 10 cents), customers can still have the option of making and receiving calls on a budget, especially considering incoming calls are free. In large cities like Rochester, Frontier charges $18.03 a month for flat rate local calling. If one switched to a measured-rate plan, the charge is $12.07 a month. Those interested will have to call Frontier at 1-800-921-8101 and specifically inquire about measured rate local telephone service.

Frontier is also exploring a market trial of a new Voice over IP landline service sold as a bundle with DSL.

Wilderotter told investors attending the JPMorgan Global Technology, Media and Telecom Conference that Frontier believes streaming, on-demand video is the future of Frontier, not traditional linear/live television.

Wilderotter

Wilderotter

Therefore, despite the fact Frontier will continue to support legacy FiOS TV services in adopted Verizon markets in Indiana and the Pacific Northwest, and will likely take ownership of AT&T U-verse in Connecticut, the company has no plans to introduce cable-TV service anywhere else. The biggest reason is the cost of video programming for smaller competitors like Frontier.

“We’re never to going to be big like some of these big guys are, which is why we have a partnership with the Dish Network, because they’re big,” Wilderotter explained. “They go negotiate all the content deals and then we offer those packages to our customers and we get paid a sales commission and a monthly customer service and billing fee from Dish on behalf of that service.”

Although Frontier applauded AT&T for its announced intention to acquire DirecTV, Frontier customers in Connecticut currently subscribed to DirecTV through AT&T will eventually be switched to Dish Network — Frontier’s chosen video partner.

Wilderotter explained that Frontier can leverage its broadband network to support streaming video services without assuming the costs of licensing the content. As Comcast and AT&T grow larger, they can negotiate better volume discounts unheard of among smaller competitors, keeping companies like Frontier at a major cost disadvantage. But if a customer wants Netflix or YouTube, they will need a broadband connection to get it, which is where Frontier comes in.

“If you think about Frontier, we’re in 27 states today, soon to be 28 with the Connecticut acquisition, about 30,000 communities, predominantly rural and suburban. That’s sort of our footprint,” said Wilderotter. “So when we think strategically about the assets that we have as a company, first and foremost is [the] networks in all of those markets, and those networks have been upgraded. So for us, the cost of adding another customer to broadband is really the upfront sales cost, because the network is already in place and the capabilities are already [there].”

Wilderotter adds Frontier’s average payback on its investment to hook up a new broadband customer is about three months.

“We also have industry-leading margins in our company,” Wilderotter said. “Our margins are in the mid-40% range and we’ve typically always had very strong margins in terms of how we run the business from an efficiency and effective perspective.”

Wilderotter also told investors that Frontier plans to add several additional services powered by its broadband network over the course of this year.

“We’re really looking in the categories of home automation, security, lifestyle products and monitoring products,” Wilderotter said. “And with that, there is ongoing monthly recurring revenue in terms of the tech support that we put with that product set when we sell it to a customer.”

When Wilderotter was asked about recent price hikes implemented by Frontier, she admitted the primary reason for the increase was the lack of competitive cable pricing in the market.

“If you look at what cable is offering in our markets, they offer a standalone broadband product somewhere $35 and $65,” she said. “And that doesn’t include the modem. So we felt we could increase the price, still be very competitive in the marketplace and have a product set that made more sense for our customers at a convenient price.”

Verizon Getting Heat for Making Underaged and Incest-Themed Porn Available On Demand

Phillip Dampier March 25, 2014 Consumer News, Verizon 2 Comments

dantes infernoSome customers flipping through Verizon FiOS TV’s on-screen guide were shocked to discover movies like “I Banged My Stepdad,” “Pigtail Teens Pounded,” and “Mom, Daughter and Me,” available for on-demand viewing and now the company is defending itself against charges it is a porn peddler.

Morality in Media’s 2014 Dirty Dozen List gives prominent placement to Verizon’s adult pay-per-view service, which includes hardcore pornography that implies underage sex and incest.

“Verizon needs to show some corporate responsibility,” Patrick Trueman, president and CEO of Morality in Media told FOX News. “America is suffering a pandemic of harm from pornography and that harm falls particularly hard on children. We are coordinating with the members of our coalition, numbering 146 groups across the U. S., to alert the public to Verizon’s pornography distribution.”

The conservative media watchdog group has drawn some support from those uncomfortable with the nature of some of the titles Verizon is making available for purchase.

Ari Zoldan, CEO of digital communications company Quantum Networks, told FOX “as Americans we believe in freedom of speech, but we also believe in protection of our children’s welfare and well-being first and foremost.”

verizonfiostvVerizon defended its programming decisions as a matter of customer choice.

“The explosion in choice is a tremendous benefit to consumers, but not all consumers want to have access to all content for themselves and their families all of the time,” Verizon’s associate director for advertising and content standards John P. Artney wrote to Morality in Media. “Not all content is desirable to or appropriate for all consumers, however, and Verizon is proud to provide our customers with myriad tools to control the types of content that they and their families have access to through our service.”

New Jersey’s Fiber Ripoff: Verizon Walks Away from Fiber Upgrades Customers Already Paid For

Bait and switch broadband

Bait and switch broadband

Since 1991, Verizon telephone customers in New Jersey have paid at least $15 billion in surcharges for a promised high-speed broadband network that would reach every home in the state by 2010. But now critics charge Verizon diverted much of that money to shareholder dividend payouts and building infrastructure for its highly profitable wireless network, leaving almost half the state with slow speed DSL or no broadband at all.

In the early 1990s, Verizon’s predecessor — Bell Atlantic — launched “Opportunity New Jersey,” a plan promising the state it would have the first 100% fiber telecommunications network in the country. In return, the company enjoyed more than two decades of generous tax breaks and collected various surcharges from customers to finance network construction. But a review of Verizon’s promises vs. reality suggest the company has reneged on the deal it signed with the state back when Bill Clinton was beginning his first term as president.

Verizon promised at least 75 percent of New Jersey would have a fiber service by 1996 offering 384 television channels and 45/45Mbps broadband service for $40 a month. The network would be open to competitors and be deployed without regard to income or its potential customer base.

The state suspected trouble as far back as 1997, when the Division of the Ratepayer Advocate with the New Jersey Board of Regulatory Commissioners blasted the company’s progress five years into the project:

Bell Atlantic-New Jersey (BA-NJ) has over-earned, underspent and inequitably deployed advanced telecommunications technology to business customers, while largely neglecting schools and libraries, low-income and residential ratepayers and consumers in Urban Enterprise Zones as well as urban and rural areas.

Verizon's wired success story

By 2006, New Jersey was being introduced to FiOS, which some believed was part of Verizon’s commitment to the state. But a decade after Verizon’s target dates, customers were still waiting for FiOS video service, the maximum broadband speeds offered at that point were 30/5Mbps and the cost of the package ranged from $180-200 a month. Most of Verizon’s FiOS deployments were in the northern half of the state, leaving southern New Jersey with few, if any service improvements.

Despite Verizon’s repeated failures to meet its target dates, that same year New Jersey made life even easier for the phone company by passing a statewide video franchise law allowing Verizon to bypass negotiating with each town and city regarding its video services and instead run FiOS TV as it pleases anywhere in the state. The company argued a statewide video franchise would allow for more rapid deployment of Verizon’s fiber network. In reality, the company was falling further and further behind. By 2013, when Verizon sought renewal of its statewide franchise, Verizon only offered FiOS TV to 352 of the 526 communities hoping for service. At least 174 communities still waiting for FiOS are likely never going to get the fiber service, despite paying Verizon’s surcharges for more than 20 years. Verizon suspended its FiOS expansion project more than two years ago.

Bait and Switch Broadband

From promises of a cutting edge fiber future to good-enough DSL....

From promises of a cutting edge fiber future to good-enough DSL.

Despite early commitments of providing New Jersey with advanced fiber broadband speeds unheard of elsewhere in the country in the 1990s, Verizon changed its tune when it became clear the company wanted to prioritize investment in its more lucrative wireless network. Instead of a commitment of 45/45Mbps, providing basic DSL broadband at any speed was now seen as adequate. Verizon spokesman Lee Gierczynski told both Newsweek and the Inquirer the company never promised a statewide deployment of FiOS.

“Nobody knew what FiOS was 20 years ago,” Gierczynski said. “It wasn’t until 2004 when FiOS came on the scene.”

Forget about that commitment for 45/45Mbps speed as well.

“It didn’t say a minimum of 45mbps,” Gierczynski said, “it just says ‘up to’.”

That means DSL service will be a part of southern New Jersey for the near future. Customers unimpressed with the 5Mbps DSL service they get from Verizon can always pay substantially more for access to Verizon Wireless’ usage capped LTE 4G network that Gierczynski believes can be used to download movies.

In effect, ratepayers that wrote checks to pay artificially higher phone bills to help subsidize a promised 100% fiber optic future have instead funneled working capital to Verizon Wireless’ network expansion and helped enrich shareholders with generous dividend payouts.

Opportunity New Jersey Verizon: Christie Administration Proposes Letting Verizon Off the Hook Permanently

Gov. Christie

Gov. Christie

Most victims of costly bait and switch schemes get angry and demand justice. In New Jersey, the Christie Administration believes Verizon is the victim of unreasonable expectations and has proposed a sweetheart deal to both let the company off the hook and keep the surcharges it collected from New Jersey ratepayers for the last 21 years.

While the rest of the country clamors for better broadband, Governor Christie’s State Commission, his Attorney General’s Office and the state Consumer Rate Counsel believe that basic DSL is good enough, and making life difficult for Verizon by insisting it live up to its part of a mutual agreement just isn’t very nice.

All eyes were on incoming president of the Board of Public Utilities Dianne Solomon, wife of close Christie associate Lee Solomon. The BPU has direct authority over Verizon’s compliance with its promises to the state. But Dianne’s only apparent experience is as an official with the United States Tennis Association. Critics immediately pounced on the odd nomination, accusing the governor of using the BPU as a lucrative parking lot for political patronage. Three of the four current commissioners are all politically connected and their experience navigating telecommunications law is questionable.

Instead of demanding that Verizon be held to its commitment to the state, government officials are bending over backwards to let Verizon walk away from its promises forever.

A stipulation proposal would allow the company to shred its commitment to upgrade New Jersey with fiber optics. Instead, Verizon gets permission to discontinue service if you have any other option for service — including cable or wireless. Not only would this stipulation eliminate any hope bypassed communities have to eventually get Verizon FiOS, it would also let Verizon scrap its rural landline network and kill DSL, forcing customers to its lucrative wireless broadband product instead.

Solomon

Solomon

The agreement also eliminates any commitment Verizon had to deliver fiber-fast speeds. Instead, Verizon will be considered in good standing if it matches the slowest speed on offer from Verizon DSL.

“Broadband is defined as delivering any technology including Verizon’s 4G wireless, fiber, copper or cable, data transmission service at speeds no less than the minimum speed of Verizon New Jersey’s Digital Subscriber line (DSL) that is provided by Verizon New Jersey today.”

New Jersey customers can file comments about the proposed agreement until March 24, 2014 with the Board of Public Utilities.

We have found a good sample letter you should edit to make your own. You can e-mail the secretary directly and/or send your message to the general e-mail address: [email protected] (be sure to include “Verizon New Jersey, Docket No. TO12020155” on the Subject line):

New Jersey Board of Public Utilities
Kristi Izzo, Secretary
44 South Clinton Avenue, 9th Floor
P.O. Box 350 Trenton, NJ 08625-0350

Email: [email protected]

Re: In the Matter of Verizon New Jersey, Inc. Docket# TO 12020155

Dear Secretary Izzo:

I want to alert you to an urgent matter pending before the New Jersey Board of Public Utilities. Pursuant to a 1993 law called Opportunity New Jersey, Verizon NJ was obligated to upgrade New Jersey’s “copper wire” network by 2010. To fund the Opportunity New Jersey expansion, Verizon NJ was permitted to collect excess charges from their customers and received lucrative tax breaks from the State. These charges and tax breaks began in the 1990s and are still being collected today.

Verizon failed to meet its timeframe requirements under the Opportunity New Jersey agreement to New Jersey residents. As a result of Verizon’s failures, on March 12, 2012, the New Jersey Board of Public Utilities initiated a legal action against Verizon NJ. The Board and Verizon NJ have now entered into a proposed settlement agreement which I believe is inadequate and not in the best interests of myself and other New Jersey residents who have paid for this service that was not fully delivered.

I oppose the Board’s proposed settlement agreement and demand that The Board of Public Utilities hold Verizon to the original Opportunity New Jersey agreement which requires Verizon to expand broadband services to every customer in the State. The proposed settlement has the potential of costing myself and other residents even more money than I have already paid for the last 21 years. The Board of Public Utilities should not allow Verizon to flagrantly disregard the stipulations which are the framework for the charges and tax breaks that Verizon has enjoyed for 21 years.

I am asking the Board of Public Utilities to be my advocate and investigate where our dollars were spent and to require Verizon to give me what I was originally promised under Opportunity New Jersey agreement of 1993.

Sincerely,

[Your Name, Address, Phone Number]

Verizon Introduces 2-Yr Price Guarantee, Free Upgrade to Quantum 50/25Mbps Broadband

Phillip Dampier February 10, 2014 Broadband Speed, Competition, Consumer News, Verizon, Video 4 Comments

fiosVerizon has introduced a two-year price guarantee offer and a free broadband speed upgrade for new customers signing up for FiOS Internet, TV and voice service before April 19.

It’s the latest marketing salvo fired against Verizon’s cable competitors with the hope customers will cut cable’s cord and switch to FiOS.

All new customers will receive a two-year price guarantee with a triple play package costing as little as $89.99 a month.  The offers also include a free upgrade to FiOS Quantum 50/25Mbps Internet; FiOS TV Prime HD with more than 215 channels (more than 55 in HD); and FiOS Digital Voice home phone service with unlimited nationwide calling. As a further incentive, customers who choose a two-year agreement also receive a $250 Visa prepaid card. New customers who order online receive an extra $10 per month savings. Those ordering service from Verizon’s website will have the $49.99 activation fee waived.

Such aggressive promotions are not new for Verizon or its cable competition. The best prices are often reserved for new customers.

Former Time Warner Cable CEO Glenn Britt reflected last fall on the competitive environment between cable and phone companies and noted loyal, long-term customers don’t typically benefit much from pricing competition.

fios triple play“The current form of competition in this entire sector is essentially focused on promotional pricing, which allows customers who jump from provider to provider to get the best deal,” said Britt.

In an effort to control customers hopping back and forth between the cable and phone company (known as ‘subscriber churn’ in the industry), Verizon’s marketing is now trying to convince customers they won’t have to shop around for a better deal over the next two years, but aren’t restricted by a contract with termination penalties either.

“We’re responding to feedback from prospective customers who told us they want to switch to FiOS for the faster speed, greater reliability and clearer images, but they struggle with the notion of signing up for a multiyear contract,” said Mike Ritter, chief marketing officer for the consumer and mass business unit of Verizon. “We’ve also heard from prospective customers that they want price assurance when they switch providers. Our offer gives new customers the peace of mind to know their base rate will not change for two years. With no contract, and a two-year price guarantee, new customers can switch to FiOS with confidence.”

Verizon also provides evidence that broadband speed does matter. At of the end of 2013, 46 percent of all Verizon FiOS customers upgraded to FiOS Quantum speeds ranging from 50/25 to 500/100Mbps. Verizon says video streaming, multiplayer gaming, and uploading photos to social media sites are all contributing to consumer demand for faster Internet speeds. FiOS broadband remains the company’s grand jewel with 6.1 million subscribers. Around 5.3 million customers are signed up for FiOS TV.

At the end of last year, Verizon had 6.1 million FiOS Internet subscribers and 5.3 million FiOS TV customers.

Verizon’s new FiOS promotions (for new customers only):

  • Online with no annual contract: $89.99 per month for two years, free FiOS Quantum 50/25Mbps upgrade for two years and a two-year price guarantee.
  • Online with a two-year agreement: $89.99 per month for two years, free FiOS Quantum 50/25Mbps upgrade for two years, two-year price guarantee and a $250 Visa prepaid card.
  • Offline order (purchased through any means other than online) with no annual contract: $99.99 per month for two years, free FiOS Quantum 50/25Mbps upgrade for two years, and a two-year price guarantee.
  • Offline order with a two-year agreement: $99.99 per month for two years, free FiOS Quantum 50/25Mbps upgrade for two years, two-year price guarantee and a $250 Visa prepaid card.

 [flv]http://www.phillipdampier.com/video/Verizon FiOS Internet 2-2014.mp4[/flv]

Verizon argues America needs fiber to the home service to meet the needs of the digital economy. “It’s time to take fiber optics to the last mile,” says the video. That’s fine news for 18 million households that can today buy fiber optic FiOS service, but Verizon indefinitely suspended further expansion of its fiber network in 2010. (3:30)

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