Verizon does not want their customers to worry about their wireless and home internet bills during the COVID-19 crisis, so they are introducing some new affordable plans for low-income households, waiving late and overlimit fees, and giving wireless customers an extra 15 GB on their data allowance for the next month.

Among today’s announcements:

• Company waiving all overlimit and late fees on customers that either exceed their data allowance or cannot pay their wireless bill.
• Verizon’s Lifeline customers will receive two months of waived internet and voice service charges and may qualify for new discounted internet plans.
• Wireless consumer and small business customers are getting an extra 15 GB of high-speed wireless and/or hotspot data from March 25 through April 30. There is no action needed as the data will automatically be added to your plan.

“We understand the hardships that many of our customers are facing, and we’re doing our part to ensure they have broadband internet connectivity during this unprecedented time,” said Ronan Dunne, CEO Verizon Consumer Group. “With so many Americans working and learning remotely from home, having access to reliable and affordable internet is more important than ever before.”

Effective April 3, Verizon is introducing a new broadband discount program for new FiOS Internet customers that qualify through the Lifeline program. Customers may select any Verizon FiOS speed among Verizon’s Mix & Match plans and receive a $20 discount per month. New customers can get FiOS Home Internet 200/200 Mbps service for $19.99/mo, 400/400 Mbps service for $39.99/mo, or gigabit service for $59.99/mo, with Disney+ included for one year and the first two months of the router rental charge waived (there is no router rental charge for gigabit plan customers).

The extra 15 GB of data won’t be much help for Verizon’s unlimited customers, but it also applies to hotspot service, which is usually limited.

“While more than half of our wireless customer base is on an unlimited data plan, including all of our FiOS and DSL broadband internet customers, we recognize there are many who may need additional connectivity during these trying times,” Ronan added. “We’re here for you and we’ll make sure you have what you need to stay connected.”

A dispute is emerging in New York between Sprint and T-Mobile and the Communications Workers of America (CWA) and pro-consumer group the Public Utility Law Project (PULP) over the wireless companies’ attempt to argue for their merger deal in a partly secretive filing not open to review by the public.

In a joint letter signed by Richard Brodsky, on behalf of the CWA and Richard Berkley, on behalf of PULP, the two groups argue Sprint’s initial summer filing promoting its merger did not come close to meeting the state’s burden of proof that allowing the two companies to join forces would be good for New York consumers. But even worse, the two wireless companies are now trying to introduce new arguments in favor of their merger, while redacting them from public view and comment.

“The use of the public comment process to recast the Petition, to attempt to repair the fatal defects in the Petition, and to insulate this new information from public comment is fundamentally unfair,” the two men wrote. “This maneuver deprives Parties of the opportunity to respond to the full set of arguments and assertions made by the Joint Applicants; it undermines the usefulness and value of the public comment policies so fundamental to the Commissions’ history and values and the proper conduct of a rulemaking proceeding; it is not contemplated by Commission rules; and it sets a precedent for future misuse of comments to short-circuit full public analysis.”

The companies filed what they called “comments” on Nov. 16. Detailed information about how the merger will impact on New York consumers was left redacted:

Sprint and T-Mobile’s arguments regarding the consumer benefits of its merger for New Yorkers remain a public mystery. The companies redacted this submission to keep the prying eyes of average consumers from reading it.

The CWA and PULP are asking the Commission for an order that:

1) Requires the Joint Applicants to provide unredacted submissions or to withdraw any document relying on redactions; and/or
2) Convenes an evidentiary hearing permitting examination and testimony relating to the Petition and the submission; and/or
3) Grants our previous request for a formal Public Hearing on the Petition and the submission; and/or
4) Removes from the record the Joint Applicants’ November 16 submission from the record; and/or
5) Extends the deadline for Notice and Comment in the October 19 Order to December 15, 2018; and/or such other relief as the Commission may order.

The merger of the two wireless companies requires state and federal approval. Alaska, Colorado, Delaware, Georgia, Louisiana, Maryland, Minnesota, Nevada, Texas, Utah, West Virginia and the District of Columbia have already essentially “rubber-stamped” approval of the merger deal with little comment. Pennsylvania regulators submitted a series of questions that the two companies answered earlier this week.

Sprint and T-Mobile are having a tougher time dealing with regulators in New York and New Jersey, however — the two most likely to either deny approval or impose significant deal conditions in approving the transaction. A review is pending in California, which routinely asks a lot of questions but rarely opposes telecommunications company mergers. Hawaii and Mississippi will also examine the merger in the near future, but neither are expected to oppose it.

New York regulators are likely to consider the impact of the merger on the availability of affordable cellphone plans, the Lifeline program that offers discounted phone service for the poor, and how the transaction will affect rural wireless service in upstate New York.

Clyburn

FCC Commissioner Mignon Clyburn today surprised the audience at a FCC open meeting when she announced she was resigning from the Commission after nearly nine years of service, including a brief stint as acting chairman.

Clyburn, appointed by President Barack Obama in the early days of his first term, joined the FCC in 2009. Clyburn was a fierce advocate for consumer protection, net neutrality, and the economically disenfranchised.

Clyburn had been increasingly frustrated with the radical changes at the agency since Donald Trump became president and appointed Ajit Pai to head the FCC. Pai spent most of his first year as chairman systematically undoing Obama era policies and transitioning towards unprecedented deregulation.

Clyburn is one of two Democrats serving a minority party role at the FCC. Until the president appoints a new Democrat to replace Clyburn, and that candidate is confirmed by the Senate, Commissioner Jessica Rosenworcel will be the sole Democrat on the Commission.

Clyburn will be missed by many, including Gigi Sohn, who served as counselor to former FCC Chairman Tom Wheeler from November 2013-December 2016.

“She has traveled the country, listening to ordinary Americans and using their stories to help shape policies that ensure universal access to affordable and open communications networks,” Sohn wrote in a statement. “From Lifeline to prison phone reform to media ownership and net neutrality, Commissioner Clyburn has been a leader and a model for future leaders of the agency.  She will be sorely missed at the FCC, but will continue fighting for the ability of all Americans to benefit from everything broadcasting, cable and broadband enables.”

Chairman Ajit Pai also thanked Clyburn for her service in a tweet:

Congratulations to @MClyburnFCC on your distinguished tenure at the @FCC, including serving as 1st woman to lead the agency! You leave behind a rich legacy and many friends. Godspeed and thank you for your public service.

— Ajit Pai (@AjitPaiFCC) April 17, 2018

The wireless industry’s largest lobbying group, CTIA-The Wireless Association, filed suit in a Utah federal court Wednesday to stop the state from imposing a 36 cent surcharge wireless carriers like AT&T, Sprint, and Verizon Wireless cannot easily pass on to their customers.

The new fee, retroactively charged from the beginning of 2018, applies to all telephone lines other than prepaid wireless phones, and represents the chief funding mechanism for Utah’s Universal Public Telecommunications Service Support Fund, which supports providing service in high cost rural areas of Utah and the expenses attributed to Utah’s participation in the federal Telephone Lifeline program, which provides subsidized telephone service to the poor.

The CTIA is upset because its member companies will have to assess the surcharge on almost every customer with a landline or wireless postpaid phone in the state, including customers getting free wireless service through the federal Lifeline program. The CTIA argues that puts an unfair burden on companies, especially those asked to either eat the cost of the surcharge or attempt to collect 36¢ a month from Lifeline customers that currently do not receive bills from their providers.

The lobbying group called its options “a Hobson’s choice” between two bad ideas. Because wireless carriers don’t want to absorb the surcharge and pay for it out of current revenue, the alternatives are to either pass along the cost to customers or raise rates. CTIA’s complaint predominately focuses on what it calls the “absurd real world results” of wireless companies struggling to get paid back the 36¢ monthly surcharge:

Participants in these [Lifeline] programs are frequently members of “unbanked” communities, and even a monthly rate of $0.36 may prove an insurmountable obstacle to participation in the Lifeline program. Those without bank accounts or a credit card have no effective means to remit a surcharge of $0.36. If they choose to mail cash, they would have to spend more on postage than on the surcharge itself. Or they may need to purchase a money order, if such are available in increments of $0.36, and pay both the charges applicable to obtaining a money order and the cost of postage – all well in excess of the $0.36 due under the PSC Rule.

[…] The PSC Rule has a chilling effect on the introduction of service offers in the market today. Carriers that have an interest in introducing innovative service plans that have or are likely to have intrastate revenues near, at, or below $0.36 will have to determine whether to select a collection method illegally imposed on them under the PSC Rule or to not offer such service plans at all.

[…] Further, requiring the underlying wireless carrier to pay the required $0.36 per month UUSF surcharge in such third-party retail prepaid situations would not cure this discrimination, as the wireless carrier generally has no billing relationship with the end-user customer, and therefore no ability to pass the charge through to the end-user customer. Requiring wireless carriers to remit the UUSF surcharge in those situations, notwithstanding their inability to pass the surcharge through to the end-user customer, is equally discriminatory vis-à-vis service providers who can pass through the UUSF surcharge to customers.

The CTIA doesn’t dwell on the real world impact of its member companies, with revenues well into the billions of dollars, simply absorbing the 36¢ a month charged to their Utah customers as a cost of doing business. Instead, the lawsuit argues Utah cannot apply USF surcharges in a way that is “inconsistent with the requirements related to the federal universal service Lifeline program.”

CTIA argues the surcharge, when applied to Lifeline customers, unfairly increases rates for the most-needy. But the lobbying group was equally concerned the charges would not apply to competing prepaid wireless providers, because the Utah Public Service Commission lacks statutory authority to impose surcharges on those providers. The CTIA argues the surcharge is discriminatory and not competitively neutral, because the it allows third-party retailers of prepaid wireless telecommunications services like Tracfone to avoid the surcharge.

The CTIA is seeking a permanent injunction to stop the surcharges and has asked the court to order the defendants — essentially Utah’s taxpayers — to pay its court costs.

Comcast claims 93% of families participating in its affordable internet service for the income-challenged report an improvement in their children’s grades at school.

That result is not surprising, according to research cited by FCC Commissioner Jessica Rosenworcel, who told the New York Times last year that one-third of students from kindergarten through 12th grade who live in low-income or rural households either have no access, or cannot afford access to the internet at home.

A 2015 Pew Research report found that with approximately 29 million households in America having children between the ages of 6 and 17, five million households with school-age children do not have high-speed internet service at home. Low-income households – and especially black and Hispanic ones – make up a disproportionate share of that number:

Pew Research analysis of the Census data finds that the lowest-income households have the lowest home broadband subscription rates. Roughly one-third (31.4%) of households whose incomes fall below $50,000 and with children ages 6 to 17 do not have a high-speed internet connection at home. This low-income group makes up about 40% of all families with school-age children in the United States, according to the bureau’s American Community Survey. (The survey asked questions on home internet use for the first time in 2013.)

There are fewer studies measuring how a lack of internet access impacts on academic performance. With ongoing budget constraints now forcing seven out of 10 teachers assigning homework that requires students to set aside outdated textbooks and do research online, a significant number of students from income-disadvantaged or rural homes are struggling to keep up with their richer peers.

Concerns about fraud in the Lifeline program are stalling aggressive efforts to get affordable internet into poor and rural family homes.

In Coachella, Calif., and Huntsville, Ala., school districts report the problem has become so bad, many students are now depending on buses equipped with Wi-Fi to function as mobile study halls, where students sometimes ride for hours frantically trying to complete homework they cannot do at home. Some school buses are now parked in neighborhoods overnight with Wi-Fi service left on continuously where few families can afford a home internet connection at the prices demanded by the local phone and cable companies.

“This is what I call the homework gap, and it is the cruelest part of the digital divide,” said Rosenworcel, a Democratic member of the FCC who has tried to adapt the Lifeline program to include home internet access.

Rosenworcel and others in favor of subsidizing internet access for the poor are up against two powerful groups in Washington — the providers themselves, which have launched a PR blitz designed to promote their own voluntary low-cost internet programs like Comcast’s Internet Essentials and Charter Communications’ Spectrum Internet Assist. The other obstacle comes from a number of Republicans in Congress who frequently demagogue Lifeline as a rat hole of waste, fraud, and abuse and are reticent about expanding it to cover broadband.

In a hearing held this morning by the Senate Commerce Committee, senators questioned a representative of the Government Accountability Office that released a report in May that found “extensive problems” with the Lifeline program. The report targeted 12 phone companies for approving Lifeline applications with fake eligibility information 63% of the time, potentially exposing taxpayers to millions of dollars in losses for non-qualified or deceased applicants.

Attempts to strengthen verification procedures are ongoing, first initiated by former FCC Chairman Thomas Wheeler, who approved a national verifier system for providers to ensure compliance. But for current FCC Chairman Ajit Pai, who voted against Wheeler’s compliance program, complaining that states did a better job of combating fraud, the results of the GAO study confirmed his own skepticism about the Lifeline program. Earlier this year, he blocked the approval of nine companies from joining the program to offer affordable internet access and shows no signs of relenting.

That leaves private telecom companies to continue expanding their own affordable internet programs. Comcast recently reported it had enrolled almost 20,000 families in its program in New Jersey alone. Its Internet Essentials program offers internet access to families qualified for the National School Lunch Program for $9.95 a month and offers a modest computer for $150. Comcast’s program now in its sixth year and recently increased its offered broadband speed to 15/2Mbps and offers 40 free hours a month to XFINITY Wi-Fi hotspots.