AT&T is seeking freedom from regulation, oversight and the right to abandon its landline network with the assistance of Connecticut legislators who modeled a state deregulation measure on recommendations from the corporate-funded, AT&T-backed, American Legislative Exchange Council (ALEC).

The legislature’s Energy and Technology Committee voted 20-4 to approve the bill, which would eliminate service and oversight requirements and allow the phone company to raise rates. AT&T has lost most of its landline customers since assuming control of service in Connecticut. Today, only 28 percent of homes in the state choose AT&T for their home phone service. The Office of Consumer Counsel suggests AT&T’s poor performance in the state may have had a lot to do with that, citing the company’s slow job of restoring phone service after a series of storms affected the state.

AT&T wants the power to drop telephone service altogether in areas considered unprofitable to repair or continue to serve. A trio of company-backed bills in the state legislature would hand them that right.

House Bills 6401, 6402 and Senate Bill 888 are all measures that would deregulate the phone company and open public lands for placing cell towers, limit regulator oversight and cut reporting requirements that let regulators track telephone rates.

None of the measures have been introduced on a whim, contend critics. The Connecticut Citizen Action Group released a report showing links between corporate-written model bills produced by ALEC and the current legislation before the Connecticut General Assembly.

HB 6401: House Bill 6401 strips the Public Utilities Review Authority (PURA) of their ability to regulate Voice Over Internet Protocol (VoIP) telephone services. An emerging market, this bill creates deregulation for the sake of deregulation.

HB 6402: House Bill 6402 eliminates the right of regulators to oversee AT&T to make sure it has some form of accountability to the public. The section on annual audits has been gutted, making it impossible to protect the public from rate-fixing. More importantly, it includes a provision to allow AT&T to end service to any customer it wants upon 30 days’ written notice.

SB 888: Senate Bill 888 has an ALEC-drafted provision that allows cell phone towers to be built on public lands on a presumption that the will of telecommunications companies is in the interest of the public good.

“If AT&T is allowed to drop service in unprofitable areas at their sole discretion, if they’re allowed to let service outages drag on for weeks with no consequences, if they’re allowed to jack up rates — of course they will,” Daniel Ravizza of Connecticut Citizen Action Group said in a statement. “‘Trust me’ is not a good enough guarantee for Connecticut consumers.”

ALEC and AT&T’s Legislative Chorus

• Rep. Debra Lee Hovey of Monroe and Newtown and Sen. Kevin Witkos of Simsbury, Avon, and Torrington serve as ALEC’s chair people for the state;
• Rep. John Piscopo is currently serving as ALEC’s National Chair;
• Rep. Lonnie Reed (D-Branford), chairwoman of the state legislature’s Energy and Technology Committee defended the measures saying they would give certainty to the telecom industry which would attract more investment in broadband and phone services. But she admitted once consumers learned of the proposed bills, things got heated quickly. “Some of this stuff is radioactive,” she told The Hartford Courant. “It’s hard even if you change the language to convince people otherwise;”
• “The arguments by opponents of HB 6402 have been shown to be without merit so now they’re resorting to desperate measures and innuendo,” said AT&T spokesman Chuck Coursey. “The fact is modernizing our telecom rules this year will help encourage private investment, job growth and consumer choice at a time when Connecticut needs it most;”
• John Emra is AT&T’s chief lobbyist in Connecticut. Emra was behind last year’s attempts to advance similar deregulation. Emra serves as the Executive Director of External Affairs for AT&T and as the chair of ALEC Connecticut.

“This is part of a national strategy by ALEC to advance a pro-corporate agenda at the expense of consumers,” James Browning, regional director of state operations for Common Cause, said in a statement. “We’ve seen the destructive impact these measures have had in other states. AT&T should not be allowed to get away with it here in Connecticut.”

The New Haven Register notes Browning said the three bills — SB888, HB6401 and HB6402 — closely resemble model legislation ALEC’s legislative template used in 20 other states where telecommunications regulatory overhaul has occurred. In 17 of those 20 states, telecommunications rates have increase, and in some cases, the cost of service has doubled.

Connecticut consumers can share their feelings about the bills through e-mail with their elected officials.

The Lifeline program became campaign fodder last fall when the Drudge Report released a video showing a minority voter praising Obama for “free phones.”

Two competing philosophies to address the digital divide will clash in Congress this week as Democrats introduce legislation to subsidize Internet access for the poor and Republicans hold hearings critical of the FCC’s existing Lifeline program, which provides low-cost phone service for those on public assistance.

The Broadband Adoption Act, introduced by California Democrat Rep. Dorris Matsui, would reform and expand the Lifeline program to allow participants to choose between a discounted landline, cell phone, or broadband Internet access.

“In today’s digital economy, if you don’t have access to the Internet you are simply at a competitive disadvantage. For example, more than 80 percent of available jobs now require online applications,” Matsui said. “The Internet is increasingly the economic engine for growth and innovation.”

Matsui has introduced similar legislation in the past, but it has never been taken up by the Republican-controlled House.

The bill is co-sponsored by ranking member Henry Waxman (D-Calif.), communications subcommittee ranking member Anna Eshoo (D-Calif.) and five other Democrats.

The thought of discounted Internet access is about as popular with some House Republicans as Lifeline-subsidized cell phone service, which some conservatives have derided as “Obamaphones.”

The House Energy and Commerce Committee will hold a hearing on Thursday to look at Lifeline and consider its future. Members are expected to share stories of waste, fraud, and abuse, particularly over the controversial subsidized cell phone service.

Senator Tom Coburn (R-Okla.) is a regular critic of the program and offered the House committee anecdotal reports that some subscribers have eight or more subsidized cell phones with one subscriber saying that to get one, “she just goes across the street and gets it.” Coburn claimed to have evidence in one case where a man kept a “bag full of subsidized phones that he sells for about 10, 15, 20 bucks each.”

Still seen by some as a luxury, a program that subsidizes cell phones was likely to attract critical attention among politicians.

Senators Claire McCaskill (D-Mo.) and David Vitter (R-La.) both drafted amendments that would end the Lifeline subsidy in its entirety, calling it a waste and abuse of resources.

The program and providers have admitted there have been lapses in eligibility verification and there was fraudulent participation in the program.

Last year, the FCC modified the program to tighten eligibility requirements:

• Required all subscribers to recertify their eligibility and to do so annually by providing documentation of income or program participation;
• Confirmed the program’s restriction of one subsidy per household;
• Started a process to create a State-by-State and/or a National Lifeline Accountability Database to prevent multiple subsidies to the same household;
• Eliminated Link-Up support except for recipients on tribal lands that are served by ETCs that take part in both the low-income Lifeline and high-cost support programs;
• Imposed independent audit requirements on carriers receiving more than $5 million in annual support;
• Directed the FCC and Universal Service Administrative Company staff to take action no later than December 31, 2013, to offer an automated means of determining enrollment in the Medicaid, Food Stamps, and Supplementary Security Income programs, the three most common criteria for Lifeline eligibility;
• Set an interim base subsidy amount of $9.25 per month for non-tribal subscribers.

Lifeline was first enacted by Congress in 1985, during the Reagan Administration. In 2005, the Bush Administration expanded the program to include cell phone service.

Verizon Communications has filed separate requests with the New York State Public Service Commission that would report customers’ payment histories to credit reporting agencies, share your payment history with competing providers, and increase phone bills statewide to recoup expenses related to construction costs.

Verizon Wants to Influence Your Credit Score

One of the most substantial changes proposed by Verizon is the deregulation of privacy requirements that limit the amount of information the phone company can share with credit reporting agencies about your past payment history and whether you could represent a credit risk to the next telecommunications company you choose to do business with.

New York regulators originally enforced limits on how much information Verizon could share and with whom. Generally, the rules now state the phone company can only share your payment history with other telephone companies, such as in the case of moving to an area served by a different provider or if you choose to sign up with a competitor. Providers use this information to decide if they will require a deposit before connecting service.

Verizon claims the current rules do not go far enough to protect the company from deadbeats who bounce between unregulated telecom providers (wireless, Voice over IP, and cable telephone service) and Verizon. The company is asking the PSC to:

• to report final unpaid undisputed accounts of its local exchange customers to credit reporting agencies,
• to engage in full file reporting with the NCTUE, a special credit reporting service created by and for cable, telephone, and other utility companies to track customer payment histories (i.e., reporting monthly on all payment history for all customers), and
• to engage in full file reporting with Equifax, Experian and TransUnion should Verizon choose to do so in the future.

Late phone company payments appearing on a consumer’s credit report can be devastating to a consumer’s general credit score, which can affect credit lending decisions, home purchases, apartment leases, insurance rates, and employment prospects. Disconnected, unpaid accounts turned over to an independent collection agency may already appear on credit reports, but Verizon late-payers who still have service with the company might be affected much sooner.

Verizon hopes the change will convince customers to pay Verizon first instead of last or not at all:

“Consumer reporting agencies serve an important function by enabling businesses to avoid bad-debt costs and by preventing consumers, in a competitive market, from hopping with impunity from one company to another, accumulating unpaid debts at each step of the way,” Verizon argues in its regulatory filing. “In that way, information obtained from consumer reporting agencies reduces bad-debt costs that would otherwise have to be passed on to consumers who do pay their bills. Further, consumers who know that their credit scores will be reported will be less likely to default on payments; conversely, consumers who feel secure that such data will not be reported will be more likely to believe that moving to another provider is an acceptable alternative to paying bills.”

Verizon Seeks New Fees, Rate Increases

Verizon customers in New York will soon see higher phone bills if Verizon’s appeal to raise certain rates and tack on a new monthly service fee is approved:

Municipal Construction Surcharge: To cope with a declining number of landline customers, Verizon is seeking the imposition of a new $0.99 surcharge on all residential and business customers (except Lifeline) to help recoup the costs of relocating Verizon lines in public rights-of-way to prevent interference with street maintenance, repairs, or public construction projects. Verizon is also mandated to remove lines or other equipment that present a potential danger to public safety or health. Because Verizon has lost half of their landline customers in New York since 2006, the costs incurred by Verizon per remaining customer have increased dramatically, Verizon argues. In 2006, the company claims the average cost for line relocation was $10.79 per customer. Today, the company says the cost has risen to $31.01 annually.

Verizon seemed unconcerned about the impact the new fee might have on customers who could use it as an excuse to abandon landline service.

“Verizon needs to recoup its losses where it can,” said Verizon’s general counsel Keefe B. Clemons. “Moreover, customers have competitive alternatives and can choose other providers if they are dissatisfied.”

Other Service Charges and Rate Hikes:

• Verizon is seeking increases in the non-recurring Service Charge and the Central Office Line or Port Charge for business customers;
• Verizon seeks a $3 rate increase for its legacy ISDN service, which still serves a declining number of business customers;
• Verizon also seeks a 50 cent a month increase for maintaining a non-published number. The current rate ($2.50) has remained unchanged since 2005 and Verizon claims the increase is required to “keep up with inflation.” The company said its new rate would still be lower than AT&T in Connecticut ($4.99/month) or Time Warner Cable ($3.75/month);
• Verizon is discontinuing its Busy Verification and Interruption Service, primarily because it does not work with most of its competitors.

Verizon says these rate changes are necessitated by a marked decrease in the number of customers keeping their Verizon landlines. Since New York still requires Verizon to serve every part of its designated service area, the current financial situation for the company’s landline service division is untenable. The company argues its investment in FiOS and other network upgrades more than outweigh the amount of revenue the company is earning from the declining number of landline customers. Verizon did not mention the far brighter financial performance of its wireless division Verizon Wireless, not subject to the PSC’s regulatory requirements.

Japan has leapfrogged over Google’s revolutionary 1Gbps broadband service with twice the speed for roughly $20 less a month.

Sony-owned So-net Entertainment on Monday introduced its 2Gbps optical fiber GPON service called NURO, charging as little as $51 a month for 2/1Gbps service.

“Light NURO is reasonably priced, very high-speed fiber to the home broadband that delivers the world’s fastest speeds on technology usually reserved for commercial service,” the company said.

NURO is available in Tokyo and six Kantō region prefectures, including Kanagawa, Chiba, Saitama, Gunma, Tochigi, and Ibaraki.

Customers agreeing to a two-year contract get the best prices and a waiver (in certain circumstances) of installation fees as high as $540. Customers wishing to avoid a term contract can sign up for around $77 a month.

Customers are supplied a wireless router with support for speeds up to 450Mbps backwards-compatible with all Wi-Fi wireless devices.

NURO also offers landline telephone service over the fiber network for $5.38 a month. The charge for local calls is $0.09 for each three minutes. Calls to the United States are even cheaper: $0.08 for each three minutes. (There are no government-mandated surcharges on international calls, which account for the lower prices.) Calls to Voice Over IP lines, including other So-net customers are free. Softbank mobile phones can also be free of charge with an add-on plan.

So-net has been providing broadband service in Japan since 1996 and is an aggressive user of optical fiber technology. The company says its new speeds may be even too fast for current wired home LAN technology, but claims faster broadband speeds also enable customers to share multiple devices within the home with absolutely no speed reductions from the shared connection.

So-net serves a densely populated region of Japan that consists of mostly multi-dwelling apartment units and condos and closely packed single family homes. It is not unusual for many urban Japanese homes to have almost no yard, with square lots accommodating a vehicle, storage shed, and little else. Wiring these densely populated communities helped Japan accelerate fiber deployment with more customers served per square kilometer than in countries like the United States or Canada.

[flv width=”640″ height=”323″]http://www.phillipdampier.com/video/So-net NURO Ad 4-13.flv[/flv]

So-net’s advertising campaign for its NURO fiber to the home service is opaque by western standards, avoiding details about the product, and is strangely presented in English. (2 minutes)

Another reason to keep your landline. During major events, cell phone networks are quickly overwhelmed while wired phone lines still work.

The Associated Press is reporting minutes ago that a law enforcement official has ordered all cellphone service in the Boston area temporarily suspended to prevent any possibility of remote detonations of any other improvised explosive devices. But we have our doubts and in fact was able to reach one of our Boston readers by cell phone in downtown Boston just a moment ago.

“I can’t make calls on Verizon without getting a fast busy signal, but I am getting calls regularly at the moment,” reports Jim, one of our regular readers. “The cell networks are totally jammed with everyone on the phone in this city.”

Jim says a number of his co-workers had no idea there were two explosions at the finish line of the Boston Marathon this afternoon, but word-of-mouth office gossip spread the news over the last hour or so.

“Landlines are working fine, which is another reason you cannot and should not rely on cell phones alone during a major news event or disaster, because they are highly vulnerable to capacity crushes,” Jim said. “Our Internet access at work has also slowed to an absolute crawl and you cannot access a lot of local news websites, so we’ve watched the coverage on over the air television.”

Numerous press reports speculate the two explosions that killed two and injured at least two dozen were the result of some type of explosive device, but law enforcement officials have refused to confirm those reports so far.

As of 5:15pm EDT, Sprint and Verizon Wireless reported they were attempting to maintain service as best as possible despite the flood of wireless calls, and no carrier has confirmed they have been asked to switch off service.

“We are experiencing call blocking due to what’s happening,” Mark Elliott, a Sprint spokesman told the Boston Globe. “The network is blocking calls because the number of calls coming in exceeds the capacity. There’s no way the network can handle that kind of traffic.”

Elliott is asking cell phone users to text messages to friends and loved ones and avoid voice calling until capacity improves. This can keep lines open and clear for emergency and law enforcement officials.

Verizon Wireless, meanwhile, issued a statement, saying: “Verizon Wireless has been enhancing network voice capacity to enable additional calling in the Copley Square area of Boston. Customers are advised to use text or email to free up voice capacity for public safety officials at the scene. There was no damage to the Verizon Wireless network, which is seeing elevated calling and data usage throughout the region since the explosions occurred.”

Update 5:54pm EDT: The Associated Press has officially retracted their earlier story. There has been no request to suspend cell phone service, but carriers are impacted by heavy call volumes.