Inouye

Three senior Democrats on the Senate Commerce Committee have characterized the Federal Communication Commission’s national broadband expansion plans as inadequate — firmly rooting America as second class citizens in a global broadband market.

In three separate letters to FCC Chairman Julius Genachowski, the senators criticized the chairman’s plan for broadband targets set too low, both in vision and in speed.

Genachowski’s plan calls for Americans to have universal access to at least 4/1Mbps service no later than 2020, a goal Genachowski described as “an aggressive target.”

But in a letter obtained by CQ, Senator Daniel Inouye (D-Hawaii) noted that such speed goals were set low in comparison to other countries, many of which are on target to achieve 100Mbps broadband well before 2020.

“What is the FCC’s rationale for a vision that appears to be firmly rooted in the second tier of countries?” Inouye wrote.

Begich

Senator Mark Begich (D-Alaska) wanted to know how Genachowski settled for 4Mbps download speed, noting that seemed to him to be too modest.

In fact, speed goals in the National Broadband Plan were a major point of contention in the National Broadband Plan, with lobbyists from AT&T and Verizon pushing hard for the lowest possible speed goals.  That is because they are the largest traditional landline providers saddled with aging copper wire networks which provide broadband to most rural Americans through DSL.  Most Americans living outside of major population centers rely on phone company-delivered DSL service typically speed rated at 768kbps-3Mbps.  Because DSL service is distance sensitive, a speed target of just 4Mbps requires a considerably lower investment than a target of 20Mbps or higher.  It is likely 100Mbps service, outlined as a goal for at least 100 million Americans, will first be achieved through fiber and cable networks in large cities, and not from phone company DSL service.

The difficulty for rural Americans to achieve a fair shake in broadband was highlighted by Senator Byron Dorgan (D-North Dakota).  He cited his state’s poor ranking — 42nd in broadband speed, as evidence Americans in rural states suffer with considerably lower quality broadband service.  The FCC’s National Broadband Plan, Dorgan fears, may only recreate the digital divide, only with different levels of speeds.

Dorgan

If 100 million Americans can access broadband services at 100Mbps, a rural speed target of 4Mbps will make new, high bandwidth-dependent Internet services just as off-limits to rural America as basic broadband is today in many areas.

Genachowski promised to review broadband speed targets every four years, making adjustments when necessary to be certain rural Americans receive broadband service comparable to urban areas.

But with the wide disparity in speed goals for urban and rural America, that may be impossible in the short term, especially as telecom industry lobbyists continue to pressure Congress for less regulation and no government mandates.

Frontier Communications rented a conference room at the Charleston Embassy Suites, calling it a "command center" for the transition. (Courtesy: Charleston Gazette/Lawrence Pierce)

No state faces a larger impact from Verizon’s exit than West Virginia.  The epitome of the kind of market Verizon doesn’t want to serve any longer, West Virginia suffered through several years of Verizon not keeping up with required investments in the aging landline network, and service had markedly deteriorated as a result.  West Virginia is mountainous — expensive to maintain infrastructure, often rural — reducing potential revenues, and economically-challenged — killing the chances of making “triple-play” sales (and profits) in communities where customers have to watch every penny.

West Virginia was also the epicenter of the loudest controversy over the sale, as unions and consumer groups opposed the transaction because of its enormous threat to an entire state’s landline network.  A failure by Frontier would result in the kind of drama experienced by northern New England customers of FairPoint Communications, who suffered with more than a year of horrible service and inaccurate billing.

So news that Frontier has run into problems in the state just one week in, despite sending 250 extra employees into the area for the conversion, has raised concerns with the Public Service Commission, as well as those impacted by problems and outages.  Frontier has tried to put its best face forward, with employees holed up in a self-described “command center” in a conference room at the local Embassy Suites in Charleston.  On the day before the handover, press photographers were able to snap pictures of Frontier employees seated at long conference tables facing one another, with laptops open.  A digital projector showed PowerPoint slides that promoted the “new Frontier” while a temporary company banner tacked to a corner wall rippled over a stand.  A high tech glitz and glamor presentation this was not.

David Armentrout, president and chief operating officer of FiberNet was underwhelmed by all of it.  His company requires connections with West Virginia’s landline provider to deliver full service to his clients.  Prior to the handover, Armentrout said FiberNet had 43 outstanding trouble tickets on file with Verizon.  But Verizon apparently never handed over those support tickets to Frontier, effectively losing them after the transition.  Now that Frontier has taken over, Armentrout’s company has had to open 113 trouble tickets for problems old and new.

Armentrout complained about the lack of results from Frontier in the pages of the Charleston Daily Mail:

Armentrout said that after consistently being put on hold for more than an hour when trying to reach Frontier to talk about outstanding trouble tickets, “we had a meeting with their senior team on Saturday. We said this was not acceptable. Since then they’ve given us a work-around with two dedicated Frontier employees. When we get an hour hold time, we contact these dedicated employees.

“Another issue we’ve had is, we’ve had to contact our customers directly to verify the status of their trouble tickets because the (Frontier) system doesn’t tell us the status,” he said. “As a result of having to contact our customers directly and working with Frontier on all of these issues since July 1, our dedicated team has spent over 200 man-hours working on these issues.

“When you look at the results: six of 43 completed and three of 113 completed, we’re doing a lot of work and spending a lot of man hours but not really seeing a lot of service issues being resolved.

“Unfortunately on Friday the Public Service Commission was closed,” Armentrout said. “We made attempts to get in touch with them because we recognized we would have the problems we’re continuing to have today. I want our customers to know we’re doing everything we can to get these issues resolved.

“Several individuals within Frontier have exhibited good-faith efforts to resolve these issues,” he said. “We commend them for their efforts. But what we’re looking for is results. We need to get these issues fixed. They’ve made efforts but at the end of the day we’re still not getting where we need to be.

“Come Tuesday when business gets back to normal we can expect these numbers to increase unless we get these issues resolved,” Armentrout said. “Our intention is to go to the Public Service Commission on Tuesday and get them involved to make sure these issues are getting resolved as quickly as possible. It has been a long weekend.”

Ken Arndt, president of Frontier’s Southeast Region, issued a statement Sunday that unconvincingly blamed some of the delayed fixes on the recent death of West Virginia Senator Robert Byrd:

“We are doing the necessary work needed to correct old and current issues. It’s Day 4 and overall this has been a very successful conversion. That is especially true when you remember that Day 2 was marked by the presence of the President and Vice President of the United States and many members of Congress at the memorial for Sen. Robert Byrd. We made sure Frontier’s system performed flawlessly.”

The newspaper notes Verizon’s landline network in the state is notorious for having problems when there are storms, and since the July 1st transition there have not been any.  Armentrout agrees, hoping that Frontier’s outstanding issues get resolved before the first major storm hits the state, which could come as early as Friday.  Armentrout calls the first severe weather challenge Frontier faces “the mid-term exam.”

Taking the longer view, Frontier promises it will spend millions in West Virginia to update the state’s landline infrastructure and expand broadband availability.  Frontier announced the hiring of nine regional managers to oversee operations across the state, including Mitch Carmichael, a delegate in the West Virginian legislature representing Jackson.  Carmichael is a former computer salesman who will now manage Frontier’s Parkersburg office.

Customers are less impressed.  Many have experienced lengthy outages with their DSL service since the transition — a bad omen for many Charleston residents who immediately called Suddenlink, the area’s cable company, to switch service providers.  Another Charleston customer called Frontier’s continued reliance on a Yahoo!-provided “front end” “really low class.”  In nearby Huntington, a few customers couldn’t say much about what changed after Frontier took over because their phone service went out on the 1st and was still out a week later.

“I hope they don’t raise the bill since we have not had any phone service at all since 11:00am on July 1st when Frontier took over,” wrote one customer. “With my phone service out since Saturday and a new promise of repairs to be made by Tuesday July 6th, I am waiting to see where Frontier improves service in rural West Virginia. The Verizon employees would just as soon as to tell you anything — same people, just a different company. Frontier needs to have a major house cleaning, as their tales haven’t changed along with the service,” writes another.

A handful also complained that their Frontier phone service cost plenty more than what Verizon charged:

“My parents have Frontier and their bill is twice as high as my Verizon. We have the DSL and the freedom package (unlimited long distance, call waiting, voicemail and caller ID) and my bill is $78 a month.  My parents only have local calling, call waiting, voicemail, caller ID, and DSL and their bill is over $120 with no long distance,” he writes.  “How is this take over going to help anyone other than Frontier? I’m going to cable for Internet and phone.”

[flv]http://www.phillipdampier.com/video/WSAZ Charleston Frontier Carriers Experience Minor Problems 7-6-10.flv[/flv]

WSAZ-TV in Charleston says some companies are experiencing minor problems in the West Virginian conversion from Verizon to Frontier.  (2 minutes)

When phone companies like Verizon decide to throw their rural customers under the bus by selling them off, shareholders and executives rake in windfall bonuses, sometimes in the millions.  Now a New York assemblyman and a state senator want ratepayers to get a 40 percent cut of the action.

Assemblyman Richard Brodsky (D-Westchester), is the primary sponsor of Assembly Bill A02208 — An Act Requiring the Public Service Commission to Conduct an In-Depth Public Interest Analysis of Proposed Mergers by Telephone Corporations and Other Telecommunications Services Providers.  A companion New York Senate Bill, S7263, was introduced by Sen. Brian X. Foley (D-Blue Point/Long Island).

The legislation would compel phone companies engaged in the practice of mergers, acquisitions, and sales to share 40 percent of the proceeds with New York’s landline phone customers.

The legislation came as a result of watching Verizon systematically sell off parts of its phone empire to third party companies like FairPoint Communications, Hawaiian Telcom, and Frontier Communications.  More than five million customers have been switched away from Verizon to other companies, most of which have gone bankrupt as a direct result of the sales.

Brodsky

Both Brodsky and Foley don’t want to see New York residents face similar consequences.  They are particularly concerned about Verizon’s upstate operations, particularly in rural areas outside of cities like Buffalo, Binghamton, Rochester, Syracuse, Albany, and northern New York.  In the upstate region, Verizon has constructed fiber to the home service under its FiOS brand in urban and suburban regions where it operates, but has made few changes in the countryside.  As Verizon customers from Washington to North Carolina suddenly find themselves served by Frontier, why couldn’t the same thing happen in communities like Sodus in Wayne County, Penn Yan in Yates County, or just about anywhere in northern New York?

Verizon’s business plan has evolved over the last ten years.  Company president Ivan Seidenberg previously declared the landline business dead, and the company has turned its attention to delivering fiber-based video, phone and broadband services to the major population centers within its service areas.  Because rural customers cost too much to serve with similar packages of services, Verizon has begun selling them off to independent phone companies that still see revenue from copper wire landline service.

Verizon claims it has no plans to sell any of its operations in New York, but Brodsky and Foley want insurance that if they change their mind, no ratepayers in New York will face what happened in northern New England or Hawaii when the companies taking control ended up in Bankruptcy Court.

“It’s a ratepayer protection bill for upstate New York,” Brodsky said.

Brodsky said if Verizon were to sell operations, consumers will not be left with inferior service.

Forcing companies to share proceeds of sales to ratepayers who ultimately indirectly bankroll most of these deals is not unprecedented in New York.  Electric and gas utilities are often required to send refunds or issue credits when they sell assets.  Ratepayers of Rochester Gas & Electric received several compensation checks after the sale of the Ginna nuclear power plant in Ontario, New York to Constellation Energy Group in 2004.

Verizon could also be compelled to reinvest proceeds earmarked for consumers in the company’s infrastructure, such as paying for broadband improvements or upgrading lines.

The legislation would only impact companies earning more than $200 million in gross annual revenue from New Yorkers.  Currently, that means the legislation would only impact Verizon and Frontier Communications.

Not surprisingly, Verizon is vehemently against the proposed legislation and is fighting tooth and nail to kill it in Albany.

Foley

Jim Gerace, president of Verizon’s New York region, told the Albany Times-Union the Brodsky legislation was bad for Verizon and anti-business in general.  Gerace predicted companies would not want to do business in New York because they’d fear similar profit-sharing legislation could eventually target them.

“I’m convinced this is going to have a chilling effect on all businesses,” Gerace said. “They’re sending a very dangerous message to all businesses. It just compounds the state’s woes.”

But the Public Service Commission is intrigued by the legislation and is reviewing it.  If enacted, it could make a mass sell-off of rural landlines untenable in New York.

A02208 passed the Assembly by a wide margin — 103-34 and is now awaiting final action in the Senate.  It narrowly passed the Senate Rules Committee June 16th by a 13-10 vote.

If you want to see the bill passed, consider contacting your New York State senator and asking them to support the immediate passage of S7263.  Let them know you do not want phone deals to be cut at your expense, leaving you with a second-class provider.  If Verizon wants to sell off your community, they owe consumers a piece of the action.  It’s time that phone mergers, acquisitions and sell-offs actually benefit the consumers that ultimately pay for them and live with the results.

The License Fee pays for the BBC's television, radio, and online operations, but now the British government wants a portion of it to be directed towards broadband as well.

Britain’s new coalition government announced Wednesday it was scrapping a proposed £6 a year phone tax to help expand rural broadband in the country.

“We need investment in our digital infrastructure,” said George Osborne, the Chancellor of the Exchequer. “But the previous government’s landline duty is an archaic way of achieving this, hitting 30 million households who happen to have a fixed telephone line. I am happy to be able to abolish this new duty before it is even introduced.”

“Instead, we will support private broadband investment, including to rural areas, in part with funding from the digital switchover under-spend within the TV licence fee.”

Osborne is referring to the average £11.63 monthly fee British citizens pay to help fund the operations of the BBC’s radio, television and online operations.  A surplus of up to up to £300 million is anticipated to remain after the UK completes its transition to digital television in the next two years.  That money would be diverted to expanding rural broadband under the government plan.

But campaigners for better rural broadband service complain that will not raise nearly enough to provide broadband across the countryside.  The 50p monthly telephone tax proposed by the former Labour government would have raised nearly £1 billion per year.

Charles Trotman, of the Country Land and Business Association, told The Telegraph it will not be enough money to connect all rural areas. He said remote communities risk being left behind in ‘broadband deserts’ unless more is done to help villages set up connections themselves.

Other critics contend the surplus from the digital TV transition may not exist two years from now.  Thus far, mostly rural regions in England have made the transition to digital, costing the government publicity campaign less than expected.

Rather than the tax, Osborne claims the government can spur investment from the private sector by “making regulatory changes to reduce the cost of roll-out.”  He did not specify what those changes might be.

The government claims it is committed to providing up to 2Mbps broadband service across the entire country, but the lack of action in many areas have forced small towns and villages to launch their own municipal broadband services, sometimes funded by residents themselves.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/BBC Municipal Broadband 4-2010.flv[/flv]

The BBC covers two British communities doing it themselves — providing enhanced broadband because private providers wouldn’t.  One in Highworth offers free Wi-Fi for up to two hours daily, while in Lyddington residents raised £37,000 to obtain enhanced DSL service.  (5 minutes)

[flv width=”480″ height=”292″]http://www.phillipdampier.com/video/Signal – Connectivity on the move 6-10.mp4[/flv]

Highworth (Swindon) relies on Signal, a high speed WISP/Wi-Fi network that offers up to 20/2 Mbps unlimited access with no Internet Overcharging schemes like usage caps or overage fees for £5.99 per month, or up to two hours daily access for free.  (4 minutes)

Time Warner Cable is back again with another offer to existing Frontier Communications customers trapped in multi-year service agreements.  If you dump your Frontier landline overboard for Time Warner Cable’s Digital Phone service, the cable company will send you a gift card worth $200 good towards defraying your early termination fee, if any.  If you don’t have such a fee, you pocket the $200.  A year ago on this date the company ran a similar promotion heavily promoted in local cable television ad spots.

Time Warner will provide free installation of the phone line including unlimited nationwide long distance for $24.95 a month for 12 months.  With the $200 gift card, that’s above and beyond their usual promotion.  The company is also extending a bundled discount if a customer also takes Road Runner broadband service with their “digital phone” service.

For Frontier customers looking for an early exit, this offers one opportunity.

Existing cable subscribers can take advantage of the offer.  There are terms and conditions to consider, starting with where the offer is available.  The following Time Warner Cable service areas qualify:

• TWC Western New York
• TWC Central New York
• TWC Albany, NY
• TWC New England
• TWC Dothan, AL
• TWC Enterprise, AL
• TWC Yuma, AZ
• TWC El Centro, CA
• TWC Gunnison, CO
• TWC Telluride, CO
• TWC Coeur d’Alene, ID
• TWC Moscow, ID
• TWC Madison, IN
• TWC Newburgh, IN
• TWC Terre Haute, IN
• TWC Ashland, KY
• TWC Owensboro, KY
• TWC Richmond, KY
• TWC Kansas City, MO
• TWC Lincoln, NE
• TWC Ironton, OH
• TWC Richlands, VA
• TWC Pullman, WA
• TWC Clarksburg, WV

Next, the offer is only good for residential customers switching from Frontier’s landline service.  Limit one gift card per customer.  Your final Frontier phone bill showing a disconnect request must be furnished to Time Warner Cable within 30 days to qualify.  Your name and address must match on both bills.  Offer is not available to customers with past due balances with Time Warner Cable, defined as any money owed in the past 30-60 days or customers who have been disconnected for non-payment in the twelve (12) month period preceding this offer.  Service must be ordered by Dec. 31, 2010, and installation must occur within thirty (30) days of order date.

If you’ve contemplated a change in providers but didn’t want to be subjected to a steep early cancellation fee, this isn’t a bad offer.  Although I don’t use Time Warner Cable Digital Phone myself, others in my family do and they are satisfied with the service, although there have been at least two serious outages so far this year that ran several hours.  Since most people also carry a cell phone, any cable outage or power interruption that also takes out your phone line isn’t as serious as it might have been in earlier years.

And, ahem, unlike Time Warner Cable’s attitude towards broadband, they really do provide unlimited calling with their “digital phone” service.

Time Warner Cable is mailing this letter to Frontier Communications customers in the Rochester, N.Y. market. (Click to enlarge)