AT&T has spent the last several years laying the foundation to pull the plug on its wired legacy landline service.

In preparation for a transition away from Plain Old Telephone Service (POTS), AT&T is notifying customers of a change to the residential service agreement governing home phone service. The company has added a new section entitled “Network Changes” that gives AT&T the right to temporarily suspend landline service to replace it either with AT&T’s U-verse “Voice over IP” service which may also be called as VoIP Phone Systems, or a wireless home phone alternative. In addition, businesses that need proactive call answering strategies to improve customer retention may consider getting help from professional services like Onwards Answering. The agreement requires customers to accept the transition, allow technicians to enter the customer’s home to install new equipment, and permits AT&T to use the customer’s electricity to power that equipment. If a customer refuses to grant entry, AT&T can permanently disconnect your landline phone service without recourse.

Similar contract language was introduced in other areas where wireless home phone equipment was intended to replace traditional landline service in areas where a local phone company chose not to repair or upgrade its facilities. AT&T intends to enforce the agreement in areas where it serves as the local landline phone company.

d. Network Changes.

AT&T reserves the right at any time to temporarily suspend or interrupt Services to make necessary changes in how we provide Services to your premises. We will provide advance notice of these network changes to the extent required by this Agreement, applicable law, and regulation. In some cases, such changes in how we provide Services may require a technician to be dispatched to your home to install new network equipment at your premises and transfer your service to the new network equipment in order to ensure you continue to receive such Services. The network equipment we install at your home may require the use of your electrical power for the operation of our facilities. Where a technician visit is required, if you do not allow AT&T to install the new network equipment at your premises, your telephone service may be disconnected in compliance with subsection (b) above.

(Image courtesy: “Ramsaso” of Houston, Tex.)

A telecommunications bill largely written at the behest of AT&T now working its way through the Illinois legislature would allow AT&T to discontinue landline telephone service in the state, potentially eliminating traditional phone service that more than a million Illinois residents and businesses still depend on.

“The Illinois Telecom Act is up for review in the 2017 legislative session, and AT&T is pushing two deregulation bills—Senate Bill 1381 and House Bill 2691,” says the Citizen’s Utility Board (CUB) website. “The bills would open the door for the company to end traditional home phone service in Illinois and push consumers onto less affordable and reliable alternatives.”

Consumer advocates urged Illinoisans to visit SaveOurPhoneService.com to send messages to the General Assembly against AT&T’s deregulation bills, or they can also call a special toll-free hotline, at 1-844-220-5552, to talk to their legislators.

With Illinois’ Telecommunications Act under review and set to expire July 1, AT&T’s bills would:

• Abolish the state requirement that AT&T serve traditional landline customers. That authority would be ceded to the Federal Communications Commission (FCC), and Illinois would be stripped of any meaningful oversight to protect AT&T’s 1.2 million business and residential landline customers from inferior service.
• Abolish low-cost calling plans. The General Assembly mandates that AT&T offer three “Consumer’s Choice” plans, which were created by CUB under a legal settlement. Illinois’ best local phone deals, which cost about $3 to $20 a month, have saved callers millions of dollars, and are under a state-mandated price freeze.

For many in Illinois still bypassed by AT&T’s U-verse fiber-to-the-neighborhood system, the measure could leave customers with just two choices for home phone service – a local cable operator or a wireless mobile provider — both potentially more expensive and less reliable than basic landline service.

“It doesn’t take someone with an economic degree that one option, one unregulated option for people, isn’t very cheap. So I’m sure cable is sitting back licking their chops,” said Citizens Utility Board director of governmental affairs Bryan McDaniel.

Some Chicago-area residents, like Michele Charous and Carol Kolen, prefer traditional landline service for its cost and reliability. A significant percentage of older residents still depend on affordable rotary dial landline phone service from AT&T — a service the phone company now wants to scrap.

AT&T claims more than 90% of Illinois customers have either replaced landline service for a cell phone or have switched to digital U-verse phone service from AT&T or a cable operator. But AT&T doesn’t mention its network upgrades have bypassed large rural sections of the state, and its U-verse phone service can cost more than a traditional landline.

Kolen and Charous claim their AT&T landline service has proven reliable for decades, while cell service has not, especially in an emergency.

Katherine Panny adds she is in her 80s, does not have a cellphone or a computer and has a rotary dial phone on her kitchen wall. She said she likes it.

“I depend on this landline with my life,” she said.

“We are not at the point we can guarantee that this is going to work all the time,” added Kolen.

AT&T’s part supplier.

“I would be just isolated because how would I be able to talk anybody if the battery died or I forgot to charge it what would I do,” Charous said.

“For a lot of people a landline is there most reliable and affordable lifeline to vital services,” said Jim Chilsen, of the Citizens Utility Board. “Our fear is that, what AT&T really wants to do is push consumers onto phone options that tend to be more expensive and tend to be less reliable.”

AT&T Illinois and Midwest president Paul La Schiazza gave some stark admissions to reporters about the state of AT&T’s wireline network in Illinois.

By the end of this year, “less than 10 percent of the households [in Illinois] will have an old style, voice-only line in their home,” La Schiazza said. AT&T is losing about 1,000 traditional landline customers a day. Maintenance on the traditional telephone system is also getting more difficult, and the phone company is turning to some unique sources for parts these days.

“Believe it or not, even AT&T at times, has to go to eBay to scrounge for parts to keep these ‘old-style’ switches running,” he said.

WMAQ in Chicago reports some Illinois consumers are worried AT&T is about to pull the plug on their landline home phone service. (2:38)

The FCC has circulated a draft rulemaking that proposes to make it easier for phone companies to end landline and DSL service in areas they are no longer interested in maintaining existing infrastructure.

“We propose eliminating some or all of the changes to the copper retirement process adopted by the Commission in the 2015 Technology Transitions Order,” according to the draft, which would allow phone companies to end service “where alternative voice services are available to consumers in the affected service area.”

The proposed new policy would depart significantly from the one put in place during the Obama Administration because it would end assurances that competing providers would have reasonable and affordable access to wholesale broadband and voice services after phone companies mothball their copper wire networks in favor of wireless or fiber alternatives. If the FCC proposal passes, incumbent phone companies like Verizon and AT&T could end rural landline and DSL service and not make provisions for competitors to have access to the technology alternatives the phone companies would offer affected customers.

Verizon immediately praised the FCC proposal, saying it was “encouraged the FCC has set as a priority creating a regulatory environment that encourages investment in next-generation networks and clears away outdated and unnecessary regulations,” wrote Will Johnson, senior vice-president of federal regulatory and legal affairs at Verizon. “This action is forward-looking, productive and will lead to tangible consumer benefits.”

Previous attempts by Verizon to discontinue landline and DSL service did not lead to “tangible consumer benefits” as Verizon might have hoped. Instead, it led to a consumer backlash, particularly in areas affected by Superstorm Sandy in 2012. Verizon elected not to rebuild its copper wire infrastructure in affected coastal communities in New York and New Jersey. Instead, it introduced a wireless landline replacement called Voice Link that proved unpopular and caused a revolt among residents on Fire Island. The wireless replacement did not support data, health monitoring, credit card transaction processing, faxing, and was criticized for being unreliable. Verizon eventually relented and opted to expand its FiOS fiber to the home network on the island instead.

Verizon also attempted to market Voice Link to New York residents in certain urban and rural service areas affected by extended service outages in lieu of repairing its existing infrastructure. Under the proposed changes, the FCC would ease the rules governing the transition away from copper-based services, which include traditional landline service and DSL, in favor of wireless technology replacements and fiber optics.

Because telephone companies like AT&T and Verizon have made mothballing rural wireline infrastructure a priority, the FCC strengthened its rules in 2015 by doubling the notification window from 90 to 180 days, giving more time for affected customers to make other service arrangements or complain to regulators that there were no suitable alternatives. The FCC wants to roll back that provision to its earlier 90-day notification window in response to telephone company complaints that maintaining copper wire infrastructure is expensive and diverted investment away from next-generation networks.

AT&T has been lobbying for several years to win permission from state legislatures to abandon copper wireline infrastructure, mostly in rural areas, where the company has chosen not to upgrade to fiber optic networks. AT&T claims only about 10% of their original landline customer base still have that service.

Both Verizon and AT&T have shown an interest in moving rural consumers to more proprietary wireless networks, preferably their own, where consumers would get voice and data services. But consumer advocates complain customers could lose access to competitive alternatives, may not have a guarantee of reliable service because of variable wireless coverage, could pay substantially more for wireless alternatives, and may be forced to use technology that either does not support or works less reliably with home security systems, medical monitoring, faxing, and data-related transactions like credit card processing.

Other consumer groups like AARP and Public Knowledge have complained that shortening the window for a transition away from basic landline and DSL service to alternative technology could disproportionately affect the customers most likely to still depend on traditional wireline service — the elderly, poor, and those in rural areas.

An Illinois Senate committee approved a bill in March effectively ghostwritten by AT&T that will end the phone company’s legal obligation to provide wired services. AT&T claims 90% of consumers have already dropped landlines in Illinois, switching to cell phone or Voice over IP services. But the company would not say how many consumers still get wired broadband service from AT&T.

AT&T is laying the groundwork to eventually mothball its copper wire networks. Customers in urban areas would likely be serviced by AT&T’s fiber-copper U-verse network while rural areas would be served entirely by AT&T’s wireless cellular network. The company has already received approval to drop landline service in 19 of the 21 states where it provides landline service. AT&T Illinois president Paul La Schiazza said the company won’t approach the FCC about switching the network off for good until it gets approval in all 21 states.

If AT&T wins the right to pull the plug, it need only provide customers with 60 days notice. The bill also currently qualifies only one company in Illinois to discontinue service almost immediately — AT&T. Despite that, the bill has won support from independent phone companies in the state including Frontier Communications.

La Schiazza complains the government has treated AT&T unfairly by requiring it to provide service while other companies can cherry-pick service areas.

“What we’re left with in Illinois is we’re not guaranteed any customers, we’re not guaranteed any return … yet we still are required to provide an old-style, voice-only telephone line to every customer in our service territory,” he told the Chicago Tribune. “No competitor is required to do that. They can pick and choose whatever customers they want to serve and they can use whatever available technology that they want to.”

California’s Public Utilities Commission (CPUC) couldn’t get cozier with AT&T if they moved regulators into the phone company’s plush executive suites.

In a 3-2 decision, the CPUC has given California phone companies that cannot manage to keep their wireline networks in good order an early Christmas, allowing the companies to effectively fine themselves for bad performance and keep the money.

Although the CPUC adopted a series of “automatic fines” for companies with chronic service problems (AT&T is by far the largest offender), it completely negated any sting by allowing companies to skip the fine by demonstrating they’ve invested at least twice the amount of the penalty in their networks. That is an expense AT&T’s bookkeepers can manage to document in minutes just by highlighting AT&T’s investments in other parts of the state. AT&T can argue investments in gigabit fiber in southern California or wiring fiber to business parks and cell sites improves service reliability for at least some customers.

CPUC president Michael Picker isn’t in any hurry either, helpfully offering AT&T and other phone companies two years to complete the investments that will cancel their fines:

In support of a request to suspend the fine, carriers may propose, in their annual fine filing, to invest no less than twice the amount of their annual fine in a project (s) which improves service quality in a measurable way within 2 years. The proposal must demonstrate that 1) twice the amount of the fine is being spent, 2) the project (s) is an incremental expenditure with supporting financials (e.g. expenditure is in excess of the existing construction budget and/or staffing base), 3) the project (s) is designed to address a service quality deficiency and, 4) upon the project (s) completion, the carrier shall demonstrate the results for the purpose proposed. Carriers are encouraged to review their service quality results to find appropriate target projects to invest funds.

Consumer advocates have accused AT&T of underinvesting in their wireline facilities for years. Because the CPUC does not require the investment be specifically targeted to correcting problems that prompted the fine, phone companies can continue to allow high cost/low profit rural infrastructure to deteriorate while targeting service-improving investments in more profitable or competitive service areas.

Steve Blum from Tellus Venture Associates, who has closely tracked telecom public policy matters in California for years, called it the most cynical decision he’s ever seen from the CPUC:

Fines, it seems, are just another cost of doing business for telecoms companies and don’t matter anyway. So why not let them keep the money?

Boiled down, that’s CPUC president Michael Picker’s rationale for establishing new telephone voice service level requirements backed up by a swinging schedule of penalties and then saying but we’ll let you keep the money if you invest it in infrastructure or pay staff. Or something. Anything.

Picker

Commissioner Mike Florio called the Picker’s proposal “unenforceable.”

The CPUC’s own staff has documented the troubling condition of landline service in the state. A staff report published in September 2014 showed the largest phone companies in the state — AT&T and Verizon (later sold to Frontier Communications) — that control 88% of landlines in California never met the CPUC’s minimum standard of repairing 90% of “out of service” trouble tickets within 24 hours during 2010-2013.

In 2010 and 2011, AT&T and Verizon needed an average of 110 hours to repair 90% of outages. That is 4.5 days. In 2012 and 2013, repair time marginally improved to an average of 72 hours (3 days). That is three days without any phone service or the ability to call 911, something the CPUC staff said compromised public safety.

AT&T and Verizon have papered the CPUC’s walls with “corrective action reports” over the years explaining why they failed to meet CPUC standards and what actions they planned to take to improve compliance. The staff report found those reports never resulted in improved compliance.

Commissioner Catherine Sandoval submitted an alternative plan of simple fines and a reporting system that gives equal weight to outages occurring in areas served by independent phone companies like Citizens Telecommunications Company of California (d/b/a Frontier) and SureWest Telephone (d/b/a Consolidated Telephone). Picker didn’t bother to hold a vote on Sandoval’s proposal, instead bringing his own proposal to the commission that approved it on a 3-2 voice vote. Florio and Sandoval voted no.

Despite the easy out, the state’s phone companies are still complaining the fine system was unnecessary because the free market was best equipped to manage service outages. If customers don’t like their provider, they can switch, assuming there is another provider available in the large rural and mountainous parts of the state.