Verizon Communications and AT&T together represent the largest providers of legacy copper wire landline phone service in the United States.  Over the past ten years, the traditional landline business has taken a beating as consumers increasingly turn their backs on the technology Alexander Graham Bell helped invent more than 100 years ago.  No utility service faces more customer defections than the phone company, and providers are increasingly rewriting their business models or lobbying to abandon unprofitable service areas altogether.

For some customers, investments in network improvements have brought advanced fiber optics straight to the home.  But in smaller communities, customers are making due with a deteriorating network phone companies no longer want to maintain.

The Glorious Growth Years

Back in the late 1980s, before most of us realized there was an Internet (or that you might be able to access it from home), the concept of connecting computers together to share information meant buying a 300-1200bps modem and using your home phone line to dial up hobbyist computer bulletin boards, CompuServe, PeopleLink, Delphi, GEnie, and QuantumLink.

Landline service was never perfect, but it worked reliably enough to make and receive phone calls and connect to low speed data networks.  As the 1990s arrived, an explosion in data and wireless services would bring both growth and unprecedented challenges for traditional telephone companies. Businesses demanded access to additional phone lines to power dedicated data lines and fax machines.  Residential customers wanted extra phone lines as well, mostly to keep data traffic off the primary house line. It was the era of frenzied area code splits, cell phones for all, and talk America could even run out of seven digit phone numbers to assign to all of the new lines.

NYNEX is today known as Verizon

As revenue and earnings exploded with the installation of new voice, data, and fax lines, Wall Street investors soon took notice.  Sleepy and safe phone company stocks were suddenly hot, and a deregulation-fueled consolidation frenzy soon resulted as phone companies merged and acquired one another.  Among the Bell System operating companies, familiar names like NYNEX, Bell Atlantic, BellSouth, Southwestern Bell, Pacific Telesis, Ameritech, and US West were gone, replaced by AT&T, Qwest, and Verizon.  Independent phone companies were not immune to the merger and acquisition game.  Today’s largest independent phone companies including Frontier Communications, CenturyLink, FairPoint, and Windstream have all grown mostly through buyouts of other providers.

The Bottom Drops Out

The rapid growth years of the traditional wired phone line came to an end around the same time as the dot.com crash and accompanying recession from 2000-2002.  While cell phone growth would continue, new competitors — especially cable-delivered “digital phone” service and other Voice Over IP providers like Vonage seriously cut into market share and revenue.  The need for additional phone lines to access the Internet subsided with the growth of DSL and cable broadband.  As household income stagnated, choices began to be made about where to cut back, and the traditional landline was a popular favorite.  Why pay for both a landline and a cell phone?  The cell phone stayed, the landline went.  Even dedicated fax machines are increasingly deemed unnecessary in an e-mail world.

The growing realization that the traditional copper wire telephone line was at risk of being the next “horse and buggy business” forced companies to consider a handful of options: ride out the landline declines and lower shareholder expectations, transform their existing networks to sustain new products like faster broadband and television service to give customers reasons to stay, or transition focus on business customers who bring more revenue.

AT&T and Verizon have adopted all three strategies, depending on where customers happen to live.

AT&T: If You are Still Waiting for DSL From Us, Forget It

In October, John J. Stephens, chief financial officer and executive vice-president at AT&T made it clear to investors the company’s interest in growing its legacy wired business had come to an end.  The company had lost landline customers for years, most switching to cell phone alternatives, sometimes sold by AT&T itself.  Spending enormous sums to upgrade AT&T’s copper landline network just didn’t make financial sense in every area.  Instead, AT&T split its operating territories in two: those suitable for upgrades to the company’s U-verse/IP platform, and those in smaller communities who will soon find themselves pushed to switch to AT&T wireless service instead.  That makes the prospects for customers still waiting for wired DSL service from AT&T pretty dim.

“We’ll continue to focus on transforming [existing] DSL lines into high speed [U-verse].” Stephens said. “In those areas where we don’t have U-verse, I think our plans have been fairly clear. We expect to have an LTE [wireless mobile broadband] rollout to 97% of the country. […] We believe that’s going to be able to provide a wireless solution at a high speed, good quality, good cost on a profitable basis for us. That’s the long-term solution to the non-U-verse areas.”

AT&T’s lobbyists have signaled this agenda for years, pressing state and federal lawmakers to get rid of “universal service” requirements that mandate reliable, basic landline telephone service to any customer in their service area who requests it.  AT&T wants the definition of “basic telephone service” expanded to allow the company the option of discontinuing its landline network and selling rural residents cell phone service instead.  The expense associated with maintaining AT&T’s degrading copper wire network is always cause for grumbling on Wall Street, most recently after this year’s repair costs from storms that impacted some of AT&T’s service areas.  Storm damages brought outages in the southern United States, flooded regions along the Mississippi, and rained-out areas of California.

Those problems were exacerbated when AT&T’s repairs don’t always correct the problems.  Repeated outages blamed on inadequate repairs and investment brought negative publicity for the phone company, as well as a number of requests to disconnect service as customers find other providers.

In places where AT&T will never deploy U-verse, AT&T has been content asking lawmakers to ease up on the phone company, urging that minimum service standards and oversight be abolished, along with the power of regulators to fine the company for repeated transgressions.  AT&T argues increased competition makes regulation unnecessary.

AT&T: Wants to eliminate universal service for rural America.

AT&T’s bean counters have calculated investment in U-verse only makes sense in urban-suburban areas.  In more distant suburbs and rural areas, the return on investment isn’t fast enough to justify spending money up-front on service improvements.  Maintaining the decades-old landline network doesn’t make much sense to AT&T either.  Instead, the company sees wireless service as the best prospect to serve its rural customers (and deliver the company higher profits from the more expensive service plans that come with the phones).

“What I see happening with LTE and data is just a huge growth opportunity,” said Ralph de la Vega, CEO and president of AT&T Mobility & Consumer Markets. “We mentioned today that our smartphones now make up 52% of our postpaid base. But I think the way we need to think about smartphones in the future is the smartphone is going to equal the phone in the future. It will be 100% in the next 2 or 3 years. These devices are so good and the costs are coming down so much that I think in the future, you could look at close to 100% penetration.”

Some customers may find AT&T penetrating their wallets, but for the phone company, better days may be ahead:

• Moving customers to the wireless platform exposes them to higher revenue, higher-priced wireless service plans;
• Basic cell phones, which come with lower-priced voice plans are being increasingly replaced with smartphones which come with required, extra-cost data plans;
• Getting rid of the rural landline network slashes AT&T’s upkeep costs and holds customers in place with two-year service contracts common with wireless phones.

Consumers happy with their existing landline service may be less than impressed with AT&T’s cellular network coverage, its dropped call-problem, and the company’s alternative for rural broadband – heavily usage-capped and expensive LTE network access.  AT&T sells wired DSL plans for as little as $14.95 a month with a 150GB usage limit.  AT&T’s wireless LTE network will cost considerably more and is accompanied with usage limits a fraction of that amount.

Verizon: A Tale of Two Networks

Big Red has two wired landline networks: screaming fast FiOS fiber to the home for some, slow speed DSL over a decrepit copper wire network for everyone else.

Verizon is less opaque than AT&T regarding which service areas it treats as valued assets and which aren’t worth the time of day.  The company began selling off its undesirable customers several years ago, starting with Hawaii.  Northern New England was next, followed by several former GTE territories Verizon acquired in 2000.

While Verizon enjoyed the proceeds of the tax-free transactions, most of the impacted customers did not.  Hawaiian Telcom floundered for a few years with bad service and an outrageous debt load before declaring bankruptcy.  Maine, New Hampshire and Vermont suffered through a year-long transition to buyer FairPoint Communications, complete with poor service and notoriously inaccurate billing before that company also declared bankruptcy.  Former Verizon customers in the Pacific Northwest, Indiana, and West Virginia (among others) are coping with Frontier Communications own billing and service problems.

The FairPoint Trust called the $2.3 billion acquisition of Verizon’s New England operations “disastrous.”  It also echoed what Verizon obviously understood itself: its landline operation in New England had been allowed to deteriorate into “inferior assets that had no future.”

Frontier Communications itself judged the network it purchased from Verizon in West Virginia in need of serious upgrades and repairs.  Critics of the deal called Verizon’s West Virginia network “a technical disaster area.”

But while Verizon is capable of landline neglect, it is also the only major phone company delivering true fiber-to-the-home service over its award winning (and expensive to build) FiOS network.

The feast or famine approach Verizon has used for capital investments has resulted in amazing service for some, a loss of reliable service to many others.

FiOS has allowed Verizon to remain a serious player, particularly in the northeast, despite the onslaught of competition from Cablevision, Comcast, and Time Warner Cable.  Average revenues earned from FiOS customers are much higher than what the company earns from customers on its copper wire telephone network.

Some Verizon shareholders have never liked the price for the company’s fiber future.  When the economy tanked in late 2008, an indefinite suspension of FiOS expansion soon followed, leaving Verizon’s network expansion plans in limbo.  The company is still slowly completing the portion of its fiber network promised under existing agreements, but has avoided introducing the service in new cities and towns.  At the same time, Verizon is loathe to maintain investment in its antiquated copper wire landline network, which in some areas was supposed to be retired in favor of FiOS.

Bistro Chat Noir: Reliable Verizon phone service is not on the menu.

As long as Verizon’s older network can be held together, with fingers crossed, customers still have a dial tone.  But when things start to fail, customers are in for serious headaches.  They are popping aspirin almost daily at Bistro Chat Noir, a prestigious French restaurant along Madison Avenue on Manhattan’s Upper East Side.  If you plan to dine there, it is best to bring cash.  Even if the management wanted to take your Visa or Mastercard, the restaurant’s phone lines are out so often, they can’t easily process your payment.

These days, the resourceful owners rely on a neighbor’s graciously shared Wi-Fi connection (presumably powered by competitor Time Warner Cable) to process credit card transactions manually.

Waiting for FiOS

The New York Times wrote Verizon’s atrocious level of service isn’t isolated to one bistro:

“Obviously, this is not the way we want to do business,” said Ms. Latapie, who has started giving clients her personal cellphone number to avoid missing reservations when the restaurant’s phone is not performing properly. “When people can’t get through, I tell them it’s Verizon. And if they live in this area, they know — because they have the same problem.”

However irritating, sporadic utility failures are not uncommon. But along a a stretch of Madison Avenue in what is arguably the city’s most expensive shopping and eating district, phone and Internet blackouts have become a nightmarish routine of life for many expensive restaurants, stores and hotels.

For weeks now, mundane tasks — making dinner reservations and paying for purchases by credit card — have become a frustrating challenge.

“We are in the highest rent district in North America and we don’t have communication,” said Jillian Wright, whose spa on East 66th Street is on the second floor of a brownstone building and not ideal for walk-ins. Ms. Wright said she was losing clients daily, and her spa’s phone number goes straight to a voicemail message apologizing to clients for Verizon’s service.

The service failures have affected dozens of businesses, primarily in the East 60s along Madison Avenue. The scope of the problem varies, with some businesses having no phone or Internet service at all for the past several weeks and others experiencing blackouts that last days or a few hours.

Meetings with Verizon officials have deteriorated into spin-and-excuse sessions where company officials promise results but continue to deliver lousy service.  It turns out the problem is Verizon’s ancient copper wiring found underneath the streets in the area.  Just two feet away from Verizon’s cables are steam heating pipes, which warm the tunnels and create major condensation problems.  Couple that with water runoff from the streets above — salt-laden in the winter time — and you have a recipe for corrosion that destroys reliable phone service.

Eventually, Verizon plans to wire FiOS fiber across a large section of Madison Avenue, but with the company’s unwillingness to invest appropriate sums to get the job done, business and residential customers are simply kept waiting.

Or they can switch to Time Warner Cable, and many are.

Your Telephone Is Temporarily Out of Service…

A traditional overhead phone cable is packed with cable pairs for neighborhood phone service

Verizon’s service woes are not just for big city dwellers.  Residents in Virginia are coping with Verizon landline problems in suburban neighborhoods, too.  Verizon employees openly admit they are fighting a losing battle with management to replace defective cables and equipment that should have been replaced years ago.  Management keeps winning and customers keep losing.

“When we come to this area, we dread it,” admits Alex Long, a cable splicer at Verizon for 22 years.

Long just pulled up to a pole off Burksdale Road in Norfolk and found nothing he had not seen many times before  — untrimmed tree branches overgrown into the overhead wires.  The branches had managed to rub the phone cable’s insulation down to bare copper wire.

As a result, whenever it rains, telephone service in the neighborhood becomes sporadic.  If tree branches don’t knock service out, cable-chewing squirrels do.  The lines, the equipment, and the technology is well past its prime, but Verizon management insists repair crews fix what is already there instead of replacing it with something better.  It’s all a matter of money, and Verizon wants to spend as little as possible on its copper landline network.

Long’s experiences were the highlight of a piece published by the Virginian-Pilot, which has heard complaints from readers about dreadful Verizon phone service across the region.

The repairman discloses Verizon technicians have known about the bad cable for at least five years, but requests to replace it have been repeatedly rejected.

“The cable’s totally shot,” Long told the newspaper. “It needs to be replaced, and the company’s budget doesn’t allow for it. That’s what engineering keeps telling us.”

In Hampton Roads, Va., it is a case of the fiber haves and have nots.  The parts of Hampton Roads that have been upgraded to Verizon’s fiber to the home network are virtually trouble-free in comparison to neighborhoods where copper cables still deliver service.  Verizon’s legacy network is of such concern, the Virginia State Corporation Commission has increasingly taken a close look at the level of service Verizon is providing in non-FiOS areas.

William Irby, director of the commission’s Division of Communications, has heard plenty of concerns that Verizon is neglecting their copper network in favor of FiOS fiber.

Verizon’s copper wire neglect might not be such a big problem had the company provided a date certain for upgrade relief.  But with FiOS expansion also stalled, some cities are now wondering if Verizon is abandoning them.

Boston is one of them.

Left Behind: The Cities Without FiOS

Verizon FiOS is well-known in eastern Massachusetts.  There are those who have it and those who want it.  Verizon had been aggressively pursuing franchise agreements with 111 communities across the state until the company announced it was putting on the brakes and ceasing further expansion efforts in new areas.  That leaves Boston and other communities like Quincy behind because they didn’t sign agreements with the company fast enough.

Verizon FiOS customers get the good life: $90 a month for a triple-play package with a $300 Visa debit card reward for signing up.

“If you’ve got FiOS, lucky you,” shares Quincy resident Roger Jones. “If you don’t, good luck.”

Jones says Verizon has left Quincy with a neglected landline network the company doesn’t seem interested in maintaining, much less replacing with fiber optics.

“The company believed in fiber optics because they saw the opportunities fiber could deliver, like additional revenue from selling TV channels,” Jones says. “But then Wall Street caught up to them and said it was all too much.  I might even understand that, except they won’t spend a nickle maintaining what they already have either, unless the regulators twist their arms and threaten fines over the bad service.”

Jones says his Verizon phone line was out three times earlier this year.

“Three strikes and they were out — I switched to Comcast,” Jones says. “A Verizon repair guy that came to my house the third time said all of his relatives switched to Comcast because service got to be so unreliable with Verizon’s old network.”

Back on Burksdale Road in Norfolk, Long was trying to track down another customer’s phone troubles — a loud hum on their line.  Hours later, Long decided it was a futile effort and began looking for an unused replacement pair of good wires he could switch to for the customer.  With the growing number of Verizon customers disconnecting their landline service permanently, that task gets easier every day.

Long told the newspaper it was no surprise Burksdale Road customers were experiencing problems.  Closures which were designed to protect the cable where it splits off individual phone lines were supposed to be water and air-tight.  Instead, he was working with a deteriorating rubber enclosure that showed its age after years of service.  Unfortunately, he explains, Burksdale Road customers will simply have to make due.

Not only won’t Long be able to replace the deteriorating infrastructure he finds, he’ll be forced to improvise with Verizon’s latest cost-cutting solution for wet cables — covering them with sheeting that resembles a plastic garbage bag.  Even that is nothing new for Burksdale Road.  Several houses down, a cable “rain-slicker” was already tightly wrapped around a section of cable where the rubber closure had gone missing altogether.

After getting the dial tone back, Long handed the customer his business card with his direct number and apologized.

“You may have problems again,” he said, advising the customer to call him directly the next time his phone line stops working.

Verizon better hope the customer doesn’t call the local cable company to switch providers or disconnect his landline altogether.

Wildfires can result when overloaded utility poles topple in California's Santa Ana winds.

The California Public Utilities Commission’s Consumer Protection and Safety Division is recommending $99 million in fines against the local power utility and several phone companies for overloading power poles with cables which toppled and started a major wildfire in Malibu Canyon in 2007.

Even worse, the PUC alleges, the power company lied to investigators and destroyed evidence to cover up the cause of the blaze, which burned more than a dozen structures to the ground and destroyed dozens of vehicles.

Named in addition to Southern California Edison are phone companies: Verizon Wireless, AT&T, Sprint, and NextC Networks of California. All are being blamed for loading up phone poles with excessive wiring for both traditional utility service and backhaul wired connections to serve area cell towers. The bulk of the proposed fine is likely to be lodged against Edison because of the evidence tampering allegations, but phone companies are also deemed liable.

At issue are the annual bouts of Santa Ana winds which can create gusts up to 80mph or higher. Most utility poles were designed to support a load of a few power cables, landline phone service, and cable television lines. But in many parts of canyon country, wireless phone companies rely heavily on utility poles to connect to their network of cell towers which are strategically located on ridges and mountains to serve populated valley regions below. While some cell phone companies now rely on fiber connections, many also still utilize a series of copper wire circuits to provide sufficient wireless capacity. In some cases, companies may hang several cables to meet bandwidth needs. The more cables, the more susceptible poles become to wind loads, which can literally snap poles in half or force them out of the ground in high wind gusts.

When electric lines topple, they can start fires that quickly grow out of control in remote areas.

Downed power lines are blamed for a number of wildfires in California, including the 2008 Sesnon fire in the San Fernando Valley. Fire investigators and local officials have pressured utility companies to mitigate the hazards from downed power lines by keeping excess cables and equipment off the poles.

Hans Laetz, a Malibu resident who has lived with what he calls “spindly-looking utility poles” for more than a decade was not surprised when life-threatening wildfires were blamed on downed lines.

“My family and my neighbors in Malibu are being placed at risk,” Laetz told the Los Angeles Times. “I drove under those poles on Malibu Canyon Road for 10 years, and I thought one of these days, one of those poles was going to fall. You could tell this was a disaster waiting to happen…. And then it happened.”

Edison denied the allegations it mislead investigators and called the proposed fine “excessive.”

“We’ve been talking for some time that broadband for us is not just about customer growth… it’s about revenue growth.” — Anthony Thomas, Windstream’s Chief Financial Officer

For the first time in some time, Windstream reported revenue growth during the second quarter of 2011.  The independent landline telephone company that last week acquired Rochester-based PAETEC Corporation managed to win new revenue from its business services unit and equipment sales, even as it continues to lose core landline customers, who are disconnecting service in favor of cell phones or cable telephone products.

It added up to a measurable, but meager growth of 0.1 percent for the company year-over-year during the second quarter.

Like many traditional wireline phone companies, Windstream is betting the farm in their largely rural and suburban service areas on selling broadband and maintaining the allegiance of their business customers, challenged in larger cities by increasingly aggressive “Business Class” products from competing cable companies.

Windstream executives responded to questions from Wall Street bankers during their second quarter conference call held last Friday.

While several investment firms were happy to see Windstream manage some revenue growth, several zeroed in on the company’s increased capital expenditures.  Windstream reports the company will continue major investments in fiber and broadband services, but not primarily for their residential retail customers.  Instead, Windstream hopes to capitalize on the “high margin” business of selling fiber-based cell tower services, primarily to support forthcoming 4G deployments.

Windstream officials faced some hesitancy from Wall Street about the company’s spending during Friday’s conference call, particularly from Bank of America and Goldman Sachs.

Anthony Thomas, chief financial officer for Windstream, defended the investments.

“The most important part of fiber-to-the-tower projects are the initial investments. Those are very high-margin businesses,” Thomas said. “But you have be comfortable with the upfront capital and be patient at recognizing those are 6-to 12-month investment time horizons. But once you start bringing those revenues in, the actual cost of operating a tower is low.”

Wall Street also expressed concerns about consumer broadband traffic growth, but did not broach the subject of usage control measures like usage caps or metered billing.  Windstream acknowledged the growth, primarily from online video, and said it had well-equipped data centers to handle the traffic.

Windsteam’s Consumer Strategy: Bundle Customers & Keep Them Away from Cable TV

It's all about the bundle.

Online video may be an asset for Windstream, which is facing increasing challenges retaining landline customers and up-selling them other products like broadband.  That competition comes primarily from cable companies, who are targeting Windstream customers with invitations to cut their landline service and bring all of their telecommunications business to cable.

Traditional phone companies have a major weakness in their product bundle: video.  Independent phone companies, in particular, are usually reliant on satellite TV partners to support the television component of a traditional “triple play” bundle.  Windstream’s network is capable of telephone and slow speed broadband in most areas, but the company’s involvement in video is largely left to a third party satellite-TV provider.

Customers who do not want satellite TV service may be easily attracted to a local cable provider.  But as an increasing amount of video viewing is moving online, Windstream may find customers increasingly tolerant of doing their viewing online, reducing the importance of a video package.

Windstream’s strategies to keep customers:

• Sell customers on product bundles, now enhanced with online security/antivirus options and on-call technical support for computer-related technical issues;
• Pitch Windstream’s Lifetime Price Guarantee, which locks in a single price for basic services, good as long as you remain a customer;
• Challenge cable competitors head-on with its “Quitter Campaign,” which tries to convince cable customers to “quit cable” in favor of Windstream;
• Offer faster broadband speeds in limited areas to satisfy premium customer demand.

Windstream Tries to Convince Customers the Broadband Speeds It Doesn’t Offer Do Not Matter for Most

Windstream’s efforts at winning over new broadband customers have been waning as of late.  One of the primary issues Windstream faces is the cable industry’s effective portrayal of DSL as “yesterday’s” technology, incapable of delivering the broadband speeds consumers crave.

Instead of investing in improved broadband speeds for everyone, Windstream spends its time and efforts trying to convince most customers they don’t need the faster speeds being pitched by most cable companies in the first place.

Windstream tries to convince customers they can make do with less speed (as low as 1.5Mbps), and there is no difference in speed between different providers — both questionable assertions.  (4 minutes)

The COO says 3Mbps is Windstream's biggest seller -- their website says something else.

Windstream chief operating officer Brent Whittington says his customers “don’t want to pay for incremental speed,” but is expanding their capacity to offer somewhat faster speeds.

“We still see that long term as [an increased revenue opportunity] because we know the demand is going to be there,” Whittington told investors.  “As we’ve rolled it out currently, it’s largely to — from a marketing benefits standpoint to talk about our competitiveness relative to our cable competition, but [consumers] are largely buying at 3Mbps.”

Either Whittington is mistaken, or Windstream’s website is, because it promotes the company’s 6Mbps $44.99 option as its “top seller.”  Many of Windstream’s cable competitors charge less for almost twice the speed, which may be another reason why Windstream’s broadband signup numbers are lagging behind.

Finding More Revenue: Universal Service Fund Reform & Business Services

Among the most important components of Windstream’s strategy for future growth are reform efforts underway in Washington to overhaul the Universal Service Fund.  Rural, independent phone companies like Windstream have reaped the rewards of this subsidy for years in its rural service areas.  But now Washington wants to transform the program away from simply underwriting rural landline phone service and redirect revenues to enhancing broadband access in areas too unprofitable to service today.

Windstream sees the reform as a positive development.

“It focuses USF on high-cost areas,” said Windstream CEO Jeff Gardner. “If you were a customer in a rural area of Windstream versus a customer in a rural area of a small carrier, your subsidy would much be higher, and we would get very little USF for that going forward. In this proposal, USF is really targeted towards those high-cost areas, so we kind of deal with this issue that we refer to as the rural-rural divide.”

Gardner says USF reform will end disparity of access.

“All rural customers are going to have the opportunity to get broadband out to them under this plan,” he said. The more customers paying monthly service fees, the higher the company’s revenues, assuming nothing else changes.

While redirected subsidies may help rural broadband customers, Windstream’s capital investments in expanding their network are going primarily to benefit their business clients, not consumers.

“On the small business side, our service there is very superior to our cable competitors,” said Windstream’s chief financial officer Anthony Thomas. “We’ve made investments in our network to offer VDSL and higher-speed data services. That’s going to be directed predominately toward those small business customers.”

Whittington added most of the company’s efforts at deploying VDSL technology are focused on the company’s small business segment to bring faster speeds to commercial customers.  For consumers, Windstream’s efforts are targeted primarily at keeping up with usage demands.

“Like a lot of folks in the industry, we’ve definitely seen increases in network traffic really due to video consumption,” Whittington said. “No question Netflix and other related type services are driving some of that demand. We continue to invest in broadband transport like we have in years past. And the good thing with a lot of things we’ve been doing from just a network perspective like rolling out as I mentioned before, VDSL technology in our larger markets. That’s really all about fiber deployment, which helps solve some of those transport issues. So we feel like we’ve been in good shape there, but it’s certainly something we’ve been very focused on operationally so our broadband customers don’t see a degradation in the quality of their experience.”

Residents of these Virginia homes are required to pay $146 a month for Cox Cable, Broadband, and Phone service whether they want it or not.

Marilyn Castro decided she did not need her landline phone any longer.  The Virginia Beach resident learned her provider would be happy to oblige her request to disconnect service, but she is still required to pay her phone bill, even without the service, for at least the next 25 years.

Woodland Park, Virginia resident Allan Pineda got a similar story when he wanted out of Cox Cable’s landline service.  Yes, Cox will schedule a visit to disconnect service at his convenience, but he’ll still have to pay his cable bill, including landline charges, every month.

Frederic Martin, who lives at a Mid-America Apartment Communities-owned complex in Dallas, learned he was on the hook for cable-TV service, even though he has not owned a television set for more than a decade.

In Weston, Florida, some 15,000 homeowners pay for cable television whether they want it or not and if they don’t pay, their homes are at risk from foreclosure.

It’s all thanks to the concept of “bulk billing,” a practice growing in popularity that delivers mandatory cable, phone, and broadband service to renters and homeowners whether they want the services or not.  It’s a multi-million dollar racket, and thanks to the Federal Communications Commission, it may be coming to your community or apartment complex soon.

Castro

For almost five years, mandating cable service has become a growing problem in many parts of the country, especially in Florida and Virginia.  Most of the controversy comes when large housing management and homeowner associations, builders, and corporately-owned apartment complexes cut “discount deals” with a cable company to wire a community or complex for service.  Their mission is not always altruistic.  Many builders receive generous signing bonuses and ongoing kickbacks earned from condemning residents to mandatory cable service contracts that may not expire in their lifetime.

Some apartment complexes have added charges for cable-TV service to the rent. Many earn ongoing compensation from grateful cable companies who pay 3-5 percent of revenue back to the complex.  Even homeowner associations have gotten into the act, adding cable-TV costs to required association dues for upkeep and maintenance.  For those who can’t or won’t pay, liens and even foreclosure can soon follow.

LM Sandler of Virginia Beach, a Virginia builder, is a typical player.

Sandler has built entire neighborhoods of new homes across Virginia, most of which are covered by a “bulk billing” contract with Cox.  When residents buy or rent a Sandler-built property, a triple-play package of phone, cable, and Internet service comes along with the deal.  It’s not cheap, running $146 a month.  Even worse, your grandchildren could still be paying Cox Cable if they stayed in the family home, because Sandler’s contract with Cox runs up to 75 years.

Although residents are not required to take service from Cox, they are required to pay for it, in full, every month.

It gets worse for residents in Florida.  Most contracts with cable operators include provisions that can terminate service for entire communities if even a single homeowner is 60 days past due.  To keep that from happening, homeowner associations aggressively pursue slow-paying residents.  JMB Partners, who built much the residential housing in Weston, and the governing bodies in Weston committed residents to an agreement that has enormous implications if they miss a payment:

Between Jan. 1 and Dec. 17, 2004, the Town Foundation, Weston’s homeowner association, filed liens against more than 200 homes in the city. Most of these, according to Broward County court records, are for unpaid cable TV bills, which until 2003 were collected by the foundation. The city utilities department now handles that task.

One of the upset residents is Vincent Andreano, whose mother, Lita Andreano, was faced with the predicament of losing her Weston Country Club Home for a $109 cable bill that he said had been left outstanding by the previous owner.  The Andreanos said that when closing on the home about a year and a half ago, they came upon the outstanding debt and sent a check.

”No one ever contacted me or my mother afterwards to tell us they had not gotten the check or that the debt was still outstanding,” said Andreano, an attorney. “Then a year and a half later, they slap my mother with a foreclosure lawsuit. It’s legal brutality.”

Andreano said he tried to reason with Town Foundation attorney Douglas Gonzales, whose signature appears in the lawsuit paperwork, to no avail. He said he was told to pay the debt, plus legal fees billed at a little more than $200 per hour, in addition to court filing fees and other miscellaneous charges. The final tab: more than $1,500.

In the Tampa area, mandatory cable service bills for some neighborhoods and planned communities have increased by an eye-popping 44 percent because of the foreclosure crisis.  That’s because of mandatory payment clauses many have with providers like Bright House that demand full payment even when homes are unoccupied.  When a resident’s home is in foreclosure or a resident refuses to pay, all of the remaining area residents pick up the tab for unpaid cable bills.  This wreaks havoc with homeowner association budgets, who must find the money to pay the cable company, in full, every month.  Many have slashed security, road maintenance, refuse collection, landscaping, and other quality-of-life expenses just to keep the cable company happy.

Back in 2008, when Florida first began a downward housing spiral, the impact was already being felt:

The Chapel Pines subdivision in Wesley Chapel found itself stuck in a cable contract that requires $15,000 a month payment to Bright House, and is seeing the strain of foreclosed homes no longer paying their fees. That payment represents nearly half their total association budget.

The South Fork 1 development in Riverview has a 15-year contract with Bright House that requires a $9,700 a month payment, roughly one-third of the neighborhood’s total budget.

“We still have to foot the bill whether people live in those homes or not,” said Fred Perez, the former president of the South Fork association. “You end up with a big, bad debt line item on the budget.”

With the problem worsening, that homeowner’s association even contemplated bankrupting itself just to free it from obligations to Bright House.

Other communities are levying “special assessments” on homeowners to cover cable bills in high foreclosure areas:

To cement a good deal, the community, South Bay Lakes in Gibsonton, years ago signed a bulk contract with Bright House Networks to provide cable TV in the neighborhood, in exchange for a regular fixed payment.

That arrangement worked out fine when the neighborhoods filled up and residents paid their association fees – and the association turned over the cable TV payments to Bright House. The problem occurs when neighbors go into foreclosure and stop paying their fees.

The South Bay Lakes homeowners association still must pay about $140,000 a year to Bright House, even though there’s less money coming in from homeowners.

Because about numerous homes in the 300-home development are in foreclosure, South Bay Lakes had to issue “special assessments” on residents.

Fees rose from $150 a quarter to $216, and that probably won’t cover the shortfall, according to association officials. The Bright House bill represents almost half of the association’s annual budget of $261,000.

To make matters tougher, the community is locked into that deal with Bright House until 2019, with cable rates that rise “from time to time” according to the contract.

The city of Weston collects cable payments from residents forced to pay for service from Advanced Cable Communications.

Earlier this year, Stop the Cap! covered the story of residents in Tennessee and Texas who discovered the corporate owners of their apartment complexes were making cable-TV mandatory and adding the resulting charges to lease agreements.

Defenders of these bulk billing arrangements claim they deliver savings residential customers could not obtain on their own and ensure that complexes and planned living communities are fully wired for service.  Besides, they claim, there is no obligation to use the services provided and customers can obtain service from another provider.

But they still face paying for service they don’t use.  In some communities, it is service many don’t want to use.

John Carter, who lives in Weston, told the FCC as a senior on a fixed income he cannot afford to pay a second cable bill, even though his existing service is terrible.

“I am stuck with poor programming options, outages during stormy weather, slow Internet speeds of 15kbps and poor customer service,” he wrote the agency.

In other instances, sweetheart deals fuel incentives for builders to sign lucrative contracts with providers even before a homeowner’s association is formed.  In some cases, the provider turns out to be a family member or associate of the developer.  In many others, perpetual kickbacks through “royalties” and fees are paid to the builder or complex owner as long as the agreement remains in place, even long after the builder is no longer on scene.

For impacted residents like Castro stuck with landline service she didn’t want, it was time to fight back.  She launched Ban Bulk Billing, an online forum for those who oppose mandated cable-TV service. Castro asked consumers to join her in protesting the fees with the FCC.  But it’s hard to keep a movement going when giant corporate providers and other special interests have the resources to shout down consumers.

In March, the FCC collected its thoughts and submissions from property owners, apartment complex management companies, cable and phone companies, and consumers and rendered its decision — which threw consumers under the bus:

We conclude that the benefits of bulk billing outweigh its harms. A key consideration for us is that bulk billing, unlike building exclusivity, does not hinder significantly the entry into an MDU by a second MVPD and does not prevent consumers from choosing the new entrant. Indeed, many commenters indicate that second MVPD providers wire MDUs for video service even in the presence of bulk billing arrangements and that many consumers choose to subscribe to those second video services. We find it especially significant that Verizon, which more than any other commenter in the earlier proceedings argued that building exclusivity clauses deterred competition and other proconsumer effects, makes no claim in its filings herein that bulk billing hinders significantly or, as a practical matter, prevents it from introducing its service into MDUs. Bulk billing, accordingly, does not have nearly the harmful entry-barring or -hindering effect on consumers that exists in the case of building exclusivity.

In other words, because Verizon didn’t have a problem with these bulk billing arrangements, they’re fine by the FCC.  Verizon wants into this arrangement themselves, so it’s hardly a surprise they are not objecting.  The significance of Verizon’s change in position is hardly a mystery — the earlier barriers the FCC wrote about were designed to keep Verizon out of apartment complexes and condos.

The incentives for providers earned from these bulk billing contracts are enormous:

• The cost of collections and billing are passed on to local government, homeowner associations, rental companies, or other agents.  The risk of non-payment by a homeowner’s association or city government is nearly non-existent;
• Marketing expenses and customer promotions can be slashed because customers already have the service when they move in;
• Competition is diminished, especially from capital-intensive wired competitors.  Would you contemplate wiring a community for competitive service knowing existing residents are held captive by mandatory cable contracts?;
• Innovation expenses can be curtailed because the customer is already captive to the existing level of service;
• Rate increases are built-in, allowing companies to raise rates and still keep all of their existing customers.

Residents of Staples Mills Townhomes in Richmond, Virginia understand this only too well.  When the new corporate owner, PRG Real Estate moved in a few years ago, they brought Comcast with them, mandating every resident pay for basic cable service as part of their rent.

PRG’s website highlights Staples Mills as an example of “an institutional equity partnership:” (underlining ours)

The PRG model for improvement is two-pronged — pay close attention to the details of management with a well thought out capital improvement plan. Imbedding [sic] PRG’s professional management structure would mean the implementation of aggressive PRG policies and procedures, taking virtually all contract services in-house to save the profit margin being captured by contractors. The upgrade to PRG-trained site personnel would particularly enhance the marketing effort. Although the property was 97% occupied we anticipated that, after the capital improvements, the same occupancy rate would be maintained with significantly higher rents.

[…]It was crucial that we succeed, not only in terms of return to our investor, but in terms of building our relationships and profile with other institutional investors. We needed to hit this one out of the ballpark.

New and improved Staples Mills?

Residents called a foul ball, one writing, “Residents were slapped in the face with the news that they will be forced to pay for mandatory cable (an extra $34 per month on the rent) from Comcast regardless if they don’t want it, already have satellite, or don’t even have a TV under the guise of ‘lowering cable rates.’ It’s called subsidizing the people who want it by juicing those who don’t.”

PRG may have succeeded in making their investors happy, but they alienated a number of tenants in the process, most of whom assumed Comcast was their only choice and wouldn’t contemplate paying another cable bill from a competitor.

The FCC’s decision recognized that competitors could enter a bulk-billed service area, but ignored the reality most won’t.

Indeed, the FCC itself recognized the impact of these bulk-billing arrangements on the competitive landscape in their own decision, quoting from a submission:

One bulk billing cable operator states that fewer than 5% of an MDU’s residents subscribe to another video provider. It estimates that if it lost its bulk billing contract, it would raise its prices substantially for the remaining 95% because of higher programming and labor costs per customer. The combined savings for 5% of the MDU’s residents would be dwarfed by the increased expenses for the 95%, making the MDU’s residents significantly worse off than they were before as a whole.

The Cowardly Lion is still working for the FCC.

This proves two points:

1. The FCC still cowers in fear from threats issued by providers that any attempt to rein them in will do everything from raising prices to killing jobs and innovation, despite the fact only five percent of customers in the cited case took service from a competitor.  A five percent loss of customers would create conditions for a “substantial” rate hike only in their minds.  AT&T U-verse has captured far more than 5 percent of cable customers in markets where it competes with cable, yet somehow cable manages to keep the lights on and their doors open;
2. The FCC pretends that these agreements don’t impact the marketplace when the 95 percent “take rate” for service plainly indicates otherwise.  Do 95 percent of residents in non-bulk-billed neighborhoods also take cable service?  Of course not.

Despite the FCC’s industry-friendly ruling, many impacted consumers are not giving up.

Martin, the Dallas renter paying for cable-TV even though he doesn’t own a television, is taking the fight to state Attorneys General, hoping a group effort on the state level will dislodge at least some consumers from being forced to pay for something they don’t want or need.

Martin believes it’s manifestly unfair to deliver mandated “discounted service” to some on the backs of others who don’t want a cable bill at all.

“No one should have the right to force you to buy what you don’t want from someone you don’t like,” Martin says.

He points out under Mid-America’s terms, even blind and deaf residents are forced for pay for cable service.

The only thing cheaper than a discounted cable bill is no cable bill at all.  Now that represents real savings.

Martin’s vociferous objections and intervention from his Texas state representative eventually managed to get him off the hook with Mid-America’s mandatory cable bill.  His rent was lowered by an amount equal to the monthly cable fee, but the cable company is still getting paid on his behalf.

Martin's petition to stop mandatory cable service

For Martin, that’s just plain wrong.

“I am still subsidizing an industry of which I do not wholeheartedly approve,” he writes.

Martin is now coordinator for Tenants United for Fairness and has launched an online petition demanding an end to mandatory cable-TV charges.

He has gathered more than 100 signatures from 13 states so far, and the petition is open for everyone to sign, even if they are not currently impacted.

Martin says getting signatures has proved challenging in some cases.

“It has been very hard to get tenants to sign my petition because they’re in fear of the landlords,” Martin says. “Very few of those who have signed have gone further and contacted their elected officials or the FCC to complain.”

The impact of the March decision by the FCC has given providers a green light to expand mandatory service even further.  Some communities are now finding mandatory broadband service fees being added to cable-TV charges.

The FCC’s response?  “Consumers complaining about these latest new fees are sent an unsigned form letter from the FCC advising them to “talk to your landlord,'” says Martin.

[flv width=”432″ height=”260″]http://www.phillipdampier.com/video/WVEC Virginia Beach Residents fight mandatory bundle agreement 3-16-10.mp4[/flv]

WVEC-TV in Virginia Beach covered the plight of residents struggling to understand why they should be forced to pay $146 a month to Cox for cable, broadband, and landline phone service.  (3/10/2010 — 4 minutes)

One out of every four American families has now cut the cord on their landline phone service.

With cellular bills increasing, many people are deciding the traditional phone line that has been them for decades is no longer worth the expense, especially if you spend most of your time reaching for your cell phone to make or receive calls.

But is dropping landline service such a great idea?

Here are some things to consider:

PRO

• Reduced expense for the family budget
• If you don’t use it much, why pay for it?
• Many cable companies offer less expensive “digital phone” products that can be bundled with your cable and broadband service
• Skype, Google Voice, and Voice Over IP services can often knock phone service costs down to just a few dollars a month
• Portability

CON

• 911 emergency services have a harder time identifying your location
• Call sound quality is usually lower than traditional landlines
• Your telephone directory listing will become unavailable unless you make special provisions to keep it
• The costs for cell phone service are often higher than basic landline service
• Monitored alarms and certain other services require either a landline or added-cost wireless technology
• During periods of unrest or bad weather, call volumes can increase exponentially causing disruptions to cell phone service

Telephone companies are increasingly desperate to hold on to their customers, and many remind departing customers the chance to retain their landline service at dramatically lower pricing.  Many companies offer budget, non-flat rate calling plans for less than $10 a month, but you’ll pay between 8-11 cents for every local call.  Others offer calling allowances of 250 or fewer local calls per month.  A few larger cities have calling plans that charge by the minute.

If you are considering dropping your landline, be sure to consider all of the options and alternatives before disconnecting service.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WCPO Cincinnati Pros cons of dropping your landline phone 5-12-10.flv[/flv]

WCPO-TV in Cincinnati provides additional insight into landline disconnections and your alternatives.  (2 minutes)