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AT&T and Verizon Reneging on Free Phone Deals; Customers Worn Out by Broken Promises

Phillip Dampier November 12, 2018 AT&T, Consumer News, Verizon, Video, Wireless Broadband Comments Off on AT&T and Verizon Reneging on Free Phone Deals; Customers Worn Out by Broken Promises

Wireless carriers like AT&T and Verizon Wireless have reneged on promotions offering customers free phones and “buy one, get one free” deals that leave customers on the hook for hundreds of dollars in equipment charges.

With the holiday shopping season about to begin, phone promotions will be heavily advertised. But those deals may be too good to be true, according to consumer protection groups.

The Better Business Bureau said the problems customers are reporting are serious, and growing. Since the beginning of this year, BBB president (Southern Piedmont) Tom Bartholomy said the group has received almost 6,800 complaints about wireless provider advertising, sales, and promotional practices.

“We’re talking hundreds of complaints about a similar type of situation,” Bartholomy told WSOC-TV. “[It] points to an underlying cause, an underlying concern, with those types of promotions.”

WSOC’s consumer reporter has been inundated with complaints from his North Carolina viewers about broken promises:

Rachel Seighman lives in Monroe. She said, “(I) wanted to try to get a cheaper plan for my family. So, I tried AT&T out.”  She said she got her bill and “it was going to be about $60 higher per month than they said.” So, she called AT&T.  “I was told that the price they quoted me at was not correct,” she said.

Cynthia Emrich lives in Stanfield. She took advantage of an AT&T “buy one, get one free” offer for a Samsung phone. But, she said AT&T charged her for both phones.  “So I call them and they said it would straighten itself out, and it never did,” she told Action 9.  She said she called the company every month for 2 1/2 years. “It was frustrating every month.”

Denise Reid lives in Fort Mill. She said she went with a Verizon “buy one, get one free” deal for an iPhone, but that the company charged her full price.  “They could not give me a reason as to why,” she said.  “No reason as to why.”

Joseph Mayberry lives in Hickory. He told Action 9 a similar story. All four customers said they tried to resolve things on their own but couldn’t. “I would call someone.  I would go through the long story of what happened.  I would get to the supervisor level.  I’ve got emails saying I would be credited back and a phone call would follow.  Never got the phone call,” Mayberry said.

Many customers are tripped up by the fine print in promotional offers that frequently contain complicated conditions and opaque language. Some insist company representatives assured them that the promotion was valid only to find out later they were misled. In fact many promotions contain strict provisions that, if not followed precisely, invalidate the promotion.

Here are some common tricks and fine print traps you may encounter getting your “free” phone:

  1. Many “Buy 1, Get 1” promotions require the customer to activate and maintain a new line of service to qualify for a free phone, which can cost nearly $50 a month for a plan, including additional surcharges and taxes. Customers that fail to follow through on this condition or quickly terminate the extra line after moving the device to a different line on their account were often charged full price for both phones.
  2. Some promotions require customers to sign up for a “device payment agreement” to qualify for the free phone. That is actually a contract to pay off a device with monthly installment payments at 0% interest billed to your mobile account. The free device promotion is often tied to the payment agreement. If a customer buys the first phone and pays for it upfront there is no payment agreement, and no free phone. Some promotions require customers to maintain a device payment agreement for up to 30 months. If a customer violates any terms of the promotion, such as paying the phone off early or selling it, the company might bill you for the “free” phone.
  3. Some companies take months to begin crediting your account for the monthly installments that will appear on your bill. Customers will eventually see a monthly device payment charge and a corresponding credit in the same amount for your “free” phone. But until bill credits start to appear in 60-90 days, you are responsible for the installment charges.
  4. “Free” phone promotions often conflict with other service plans and features. Customers that have signed up to receive a new phone every two years may have to turn in their “free” phone and walk away from several delayed reimbursement credits before getting they can obtain their next new device.

Many customers underestimate the true cost of complying with the terms necessary to get that “free” phone. That realization usually comes too late to return it, leaving customers with several hundred dollars in equipment fees — a costly mistake that could ruin any holiday.

It is important to carefully study the terms and conditions of all wireless device promotions. The written contract is valid, promises from overeager salespeople are not. Be wary when you see “device payment agreement” or “activate and maintain a new line of service,” or “promo credit applied to account over 24 mos w/in 1-2 billing cycles; promo credit ends when balance paid or line terminated/transferred.” If you do, it could mean you will need to set up an installment payment plan for that “free” phone, keep it on your account as a new line of service for at least two years, and avoid paying it off in advance or attempt to move the phone to a different account or provider.

If negotiating with your provider has failed to resolve a conflict over the promotion, taking your case to the media over the terms of a possibly deceptive promotion can be effective in getting what you thought you were promised. When these customers contacted WSOC-TV and the station took the complaints back to AT&T and Verizon, the company quickly gave all four customers their free phones.

“Nobody would listen to me until [WSOC] actually reached out to them. And then within two hours, I got a phone call from AT&T,” Emrich told the station.  “If it wasn’t for Action 9, I would have never got that refund.”

AT&T claimed in a statement it honors all of its deals. Verizon tried to refer complaints about its promotions to the wireless industry lobbying group — CTIA. That group does not understand why Verizon did that and claims it isn’t familiar with cell phone promotions. Neither are most consumers.

WSOC-TV consumer reporter Jason Stoogenke investigates cell phone promotions that sound too good to be true. (3:36)

Verizon pulled out of a promo for a free iPhone for this North Carolina customer. Nobody knows why. (1:16)

Verizon messed up a promotion offering two phones for the price of one and left this customer out in the cold, telling him he needed to pay full price for both phones. (1:14)

Frontier Boost Speeds in Fiber Markets While Its DSL Customers Suffer

Frontier can boost speeds on its acquired fiber to the home networks, which offer almost unlimited capacity upgrades.

Frontier Communications is America’s feast or famine broadband provider, today announcing speed upgrades for its acquired Frontier FiOS and Vantage Fiber service areas while the company continues to pile up hundreds of complaints about poor quality DSL service in the northern U.S. where fiber upgrades are unlikely to ever happen.

Frontier today announced gigabit service (1,000/1,000 Mbps) is now available in its FiOS (California, Texas, Florida, and parts of the Pacific Northwest and Indiana) and Vantage Fiber (primarily Connecticut) service areas. The company also unveiled new plans offering 200/200 and 300/300 Mbps speed options in Indiana, Oregon, and Washington.

“Frontier is pleased to now offer a 200/200 Mbps service, the fastest, most efficient introductory broadband service available in our markets, plus eye-popping speed and capacity with our FiOS Gigabit for the home,” said John Maduri, executive vice president and chief customer officer at Frontier Communications. “Speed and reliability are hallmarks of FiOS Fiber broadband service. Two-way speeds over our all-fiber network make Internet tasks faster and more efficient, regardless of the time of day, while also enabling the many connected devices and streaming services in the home to work simultaneously and smoothly.”

Frontier’s fiber networks are only found in certain regions of the country, including 1.4 million homes in the Tampa Bay/six-county region along the central west coast of Florida, parts of Southern California, Dallas, and individual communities in Indiana, Oregon, and Washington that used to be served by Verizon.

Frontier’s Vantage Fiber network was largely acquired from AT&T’s U-verse service area in Connecticut, with more recent limited rollouts in North Carolina and Minnesota. Life for the unfibered masses in the rest of Minnesota is less sunny, with nearly 500 complaints against Frontier filed by frustrated consumers stuck with a company they feel has forgotten about them.

City Pages notes no company affirms the notoriety of a bad phone company like Frontier Communications, which still relies on a deteriorating copper wire network in most of its original (a/k/a “legacy”) service areas. Complaints about mediocre internet access, missing in action repair crews, and Soviet era-like delays to get landline service installed are as common as country roads.

City Pages:

The grievances read like a cannonade of frustration. They speak of no-show repairmen. Endless waits on hold. Charges for services never rendered. Outages that last for days.

“I have never dealt with a more incompetent company than Frontier,” writes one customer on Google Reviews. “I have no other choice for internet or phone service in my area…. It took me over three months just for Frontier to get to my house to even connect my service…. They also canceled multiple times for installation without calling. They just didn’t show up.”

These maladies aren’t exclusive to the outbacks. They also extend to Watertown Township, in the exurbs of Carver County.

“Frontier Communications is my only option for internet,” Kathleen McCann wrote state regulators. “My internet service is worse than dial-up…. As a dentist, I am not able to email dental X-rays. It took me 47 minutes to upload one small photo to Facebook recently.”

Frontier vice president Javier Mendoza at least admits most rural Minnesotans will be waiting for upgrades forever.

“The economic reality is that upgrading broadband infrastructure in the more rural parts of the state is not economically viable,” he says.

That leaves customers hoping some other entity will step up and serve the critical digital needs of one of America’s most important agricultural states. If not, the future is dismal.

“Those people are screwed,” Christopher Mitchell of the Institute of Local Self-Reliance, a Minneapolis nonprofit, tells the newspaper. “People who make business or real estate decisions are not going to move to that area.”

With that bleak assessment, several rural Minnesota communities are doing something remarkable — building their own public broadband networks. Even more surprising is that many of those towns are led by hardcore Republican local governments that have very different views about municipal broadband than the national party.

Life is rougher for Frontier’s legacy customers that depend on the company’s decades-old copper wire networks.

Some have joked they could change the mind of big city Republicans that are openly hostile to the concept of public broadband by making them spend two weeks without adequate internet access.

In the Minnesota backcountry, in the heart of Trumpland, broadband is about as bipartisan an issue you can find. Ten cities and 17 townships in Renville and Sibley counties went all-out socialist for suitable, super high-speed fiber optic broadband. RS Fiber, the resulting co-op, delivers superior internet access with fewer complaints than the big phone and cable companies offer in Minneapolis-St. Paul.

Public broadband is no more a “big government” takeover than municipal co-ops were when they were formed to bring electric and phone service to rural farms during the days of FDR. Waiting for investor-owned utilities to find adequate profits before breaking ground came second to meeting the public need for reliable power and phone service.

Today, part of that need is still there, even with an incumbent phone company delivering something resembling service. Frontier DSL is internet access that time forgot, with customers comparing it to the days of dial-up. Speed tests often fail to break 1 Mbps. Cable companies won’t come anywhere near most of these communities, many inconveniently located between nothing and nowhere.

As long as Frontier remains “checked out” with make-due internet access, rural Minnesota won’t ever benefit from the kinds of fiber fast speeds Frontier is promoting on the fiber networks that other companies originally built. Frontier is not in the business of constructing large-scale fiber networks itself. It prefers to acquire them after they are built. That makes Frontier customers in legacy service areas still served with copper envious of the kind of speeds available in California, Texas, and Florida.

Investors continue to pressure Frontier to reduce spending and pay down its debts, piled up largely on the huge acquisitions of Verizon and AT&T landline customers Frontier effectively put on its corporate credit card. For Wall Street, the combination of debt repayments and necessary upgrade expenses are bad news for Frontier’s stock. The company already discontinued its all-important dividend, used for years to lure investors. A growing number of analysts suspect Frontier will face bankruptcy reorganization in the next five years, if only to restructure or walk away from its staggering debts.

Verizon Denies Throttling Florence Victims, But Customers Deal with Slow Speeds

Verizon Wireless claims it is not intentionally slowing data services for its customers in North & South Carolina, despite growing complaints from customers about slow speeds.

Stop the Cap! has heard from nearly 20 readers in central and eastern North Carolina and they are displeased with Verizon’s performance.

“Signal is five bars but speed might as well be dial-up,” reports one reader. “I have consistently gotten 20 Mbps or better service for at least a decade from my home and workplace on Verizon’s network, but now the speed shows it starts at around 20 Mbps but quickly declines to less than 1 Mbps within 3-5 seconds. I have an unlimited data plan and have relied on it since Spectrum went out over the weekend.”

“Of course they are throttling us,” said Paul Ingell, who moved inland from New Bern to share a room with friends near Charlotte. “As soon as you go over 20 GB, the speed throttle game begins, and they are playing it. My bill reset date was today and by gosh speeds magically returned to normal. But my sister-in-law is still being throttled. Her phone delivers less than 1 Mbps sitting right next to mine and I get around 15 Mbps. We both own the same phones and have unlimited plans.”

The Washington Post covered the alleged Verizon slowdowns as well, and one Raleigh area reader claimed he is being throttled now as well.

“We lost power/cable and were using my Verizon unlimited data plan for internet access, and were very frustrated when attempting to access pages with dynamic content,” he wrote. “This is not typically a problem in central North Carolina, a high-coverage area. It seemed clear our data was being throttled.”

Another reader in New Bern who rode out the storm said Verizon service was very poor as he attempted to get news from CNN and Google during and after the storm. Browsing was almost impossible.

“E-mails and texts were the only reasonably quick way for me to get information. Other people complained of the same issue,” the reader wrote. “Having lost power and internet, the phone was our only contact with the outside.”

First word of the claimed throttling came from a reddit thread from AbeFroman21:

My family lives in a small town in eastern North Carolina, and we were just devastated by the hurricane. Our power has been out for five days now and internet service is gone as well. Two days ago my wife and I noticed that we couldn’t retrieve our email from our phone or check Facebook [for] updates from our community about the storm or when service would be restored.

We traveled into a bigger town and called Verizon to check and see if there was a data outage and when we could expect it to be restored. Only, I was told that my unlimited plan was deprioritized for being too low tier of a plan. But if I upgraded to a higher plan my service would be restored.

There’s no outage, just corporations sucking dry a community that as already lost so much. Thanks a**holes.

Verizon categorically denies it is throttling any customers in North Carolina.

“On North Carolina, we are not throttling,” said Richard Young, a Verizon spokesman. “The most likely scenario is that the customer, who can’t connect to the internet, is in an area that has lost cell service.”

Frontier Communications’ Broken Promises to Mountain Counties of North Carolina

Frontier Communications customers in the mountainous western counties of North Carolina have run out of patience waiting for web pages to load and upgrades to arrive, despite repeated promises from the phone company that its aging copper-wire DSL service would improve over time.

Stop the Cap! readers in the region pointed us to a special investigative report by WLOS-TV, Asheville’s ABC affiliate, which reports Frontier service is so bad, speeds under 1 Mbps are common. The station saw examples of Frontier unable to supply even modest speeds of just 3 Mbps.

“I’d rather stab myself than rely on Frontier’s fake internet access,” says our reader Darrell, who lives near Brasstown. “The only thing high-speed at Frontier is how fast they hang up on you when you call to complain.”

Frontier sold him “up to 10 Mbps” speed and instead struggles to deliver 1 Mbps, despite repeated service calls and promises of improvements.

“They keep telling us the federal government has to come up with money to help upgrade the area, and I keep wondering why a private company needs our tax dollars to build a network they will profit from for years,” Dan said. “If they cannot do the job, maybe the town should because they at least answer to us.”

Aiden Davis, who lives near Asheville, said he’d rather have the government give money to the cable company to extend broadband to his home, which is located about 1/4th a mile away from the nearest cable connection.

“At least the cable company can give me speeds DSL never will,” he told us.

Reporters at WLOS visited Murphy, N.C., a community of 1,600 people in Cherokee — the westernmost county of the state.

Craig Marble escaped Washington, D.C. to live in the picturesque community nestled in the mountains. But his efforts to telecommute to his IT employer are frustrated by Frontier’s DSL service, which is supposed to provide up to 3 Mbps to Marble and his neighbors. But Frontier delivers far less than it advertises.

Western North Carolina

“It’s just a comedy of errors except that it’s not funny. It takes five minutes to load a single webpage,” Marble said. “This should be 3.0, not .3 [Mbps],” Marble said while showing reporters various speed tests for his service, resulting in .3 and .5, and .6 Mbps at various times throughout the morning and afternoon.

More than 50 similar complaints have been filed with the North Carolina Attorney General, some about internet speed, others about service, outages, and billing problems.

“If there are companies out there making representations to consumers that they can not back up and we hear from consumers, we will absolutely take action on their behalf,” Attorney General Josh Stein told the station. “If we determine that Frontier is not complying with the law, we’ll hold them accountable, but there’s a lot of work we still need to do.”

But residents contend Stein does not seem to be in a hurry to chase down Frontier, and may not have the resources to follow through even if he wanted. After the Democrat won the North Carolina Attorney General race and took office in 2017, the Republican-controlled legislature slashed $10 million from his budget, forcing layoffs of dozens of staff attorneys and limiting his office’s ability to act.

Stein told the TV station he wrote to Frontier about internet speed issues in North Carolina, but hasn’t received a response.

Frontier responded to WLOS with a statement, reading in part:

“Copper-based internet service is difficult to represent consistently as it is subject to distance limitations. That is why it is sold as offering ‘up to’ a specified speed. Not all customers will have the same DSL service.”

But some customers report speeds are consistently better at times when most people are unlikely to be online, suggesting Frontier may be overselling its DSL service — forcing too many customers to share a limited bandwidth connection.

“When it is 2:30 in the morning, we always have the best speeds,” Davis reported. “They always drop as soon as the kids get home from school and keep dropping into the evening. During recent winter storms, speeds dropped to the point where the internet was unusable.”

Attorney General Joel Stein

“It’s not a technical problem, it’s a ‘reluctance to spend money to fix it’ problem,” he added.

Frontier frequently responds to speed complaints with press releases touting recent internet service improvements made possible through the federal government’s Connect America Fund, without always disclosing many of these projects pay to extend internet access into areas where it did not exist before, not improve service for customers that already have it.

Frontier’s willingness to spend its own money on broadband improvements is often challenged by Wall Street’s demands for a dividend payout to shareholders, sending a significant portion of Frontier’s incoming revenue to investors. The company has reduced its dividend during difficult times to invest in limited upgrades. But critics claim Frontier’s devotion to a robust upgrade program comes second to shareholders and depends mostly on federal government handouts.

“The company struggles to spend $14.4 million on upgrades through 2020, but had no problem spending more than $10 billion to buyout Verizon in Florida, California, and Texas,” complained Darrell. “When you ask them specific questions, you learn that upgrade spending is window dressing that won’t address their speed problems across this part of the state.”

Marble tells WLOS that seems to be his impression as well, noting Frontier representatives didn’t give him much hope.

“They said — several of them said, ‘There are no plans for upgrades in your area, period’,” Marble said.

The TV station sent Frontier a detailed questionnaire, to which the company responded, taking care to disclaim some of the upgrade benefits many of Frontier’s own press releases seem to imply:

Question: How many customers does Frontier service in the following counties: Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Mitchell, McDowell, Polk, Rutherford, Swain, Transylvania, Yancey? Answer: I’m not familiar enough with cities in counties etc. We have customers in the following towns: Andrews, Bryson City, Buncombe, Cashiers, Cherokee, Cullowhee, Fontana, Franklin, Garden City, Glenwood, Hayesville, Highlands, Madison, McDowell, Mitchell, Murphy, Robbinsville, Suit, Sylva, Weaverville and Yancey. Of those we serve, some are only telephone customers, some internet only customers and still others both phone and internet customers. While we do not provide market specific customer counts in any of our operating areas for competitive reasons, it is fair to say that our customer count in the areas I referenced is in the tens of thousands.

Question: How is Frontier using the Connect America Funds in western North Carolina? What’s being done to upgrade or add service? How is the money being spent? Answer: Frontier is installing fiber into network support buildings or units in western North Carolina to enable more capacity over our existing copper network.

Question: How many new customers has Frontier been able to provide service to, as a result of Connect America funds? Are the funds being used more for acquiring new customers or is it more upgrading service for existing customers and in that case, what have the service improvements been like? Answer: It starts with upgrading the network to provide a minimum of 10 Mbps service identified as CAF households to meet the requirements of the CAF Fund as established by the FCC. Customers along the path of these improvements, both existing and those who are currently not customers, can take advantage of new broadband upgrades though not necessarily at the 10 Mbps threshold. However, it is not designed to extend the network to different operating areas.

Question: How much funding has Frontier received in Connect America funds for upgrades to broadband service in those western North Carolina counties? Answer: As of 2016, Frontier began receiving approximately $3.6 million a year from the CAF to expand and upgrade the company’s network to more than 11,000 locations in North Carolina by the end of 2020, to include areas in western NC. In total, Frontier has accepted the FCC’s CAF II offer of over $330 million annually across 29 states during the six-year program, and must meet annual benchmarks for each state beginning in 2017 for passing a specified percentage of designated households.

Question: In which counties has Frontier received funds and is using them to improve or add service? Answer: We have previously used CAF II funds in Macon, Clay, Jackson and Swain counties.

Question: What projects/upgrades have been completed to date, since Frontier started receiving Connect America funds? Answer: In addition to the counties referenced above, representative counties in this latest round in 2017 included households in Cashiers, Cherokee, Franklin and Hayesville. By the of this phase of CAF II funding the intention is to have touched all of the counties we serve in Western NC, barring anything unexpected.

Question: Has Frontier over-promised service in areas in any of the above mentioned counties? If service has been over-promised, what problems is that creating and what is the remedy for solving that problem? Answer: I’m not sure what this question is asking. I would say that copper-based internet service is difficult to represent consistently as it is subject to distance limitations. That is why it is sold as offering “up to” a specified speed. However, CAF funding should have a positive impact on the end user experience.

Question: What is the best way customers who feel they’re being underserved or not getting the service that they’ve paid for can reach out to report a problem? Answer: They should call 1-800-921-8101.

Question: Has the state of North Carolina, through the state’s Attorney General office or Consumer Protection Division reached out to Frontier over service issues, failing to deliver on service promises made by the company and if so, what’s been the response back to the state? Answer: We receive individual customer complaints from these agencies, usually revolving around availability of service or insufficient internet speeds. Our marketing for internet service and our terms of service recognize that some customers may not have the same experience as others, largely because of the distance limitations of DSL service or congestion in the network. We are attempting to address both of these issues through a combination of normal capital budgets and the additional CAF II funding.

Question: What are some of the issues Frontier runs into in expanding or improving broadband service or internet access and speed issues in western North Carolina? Answer: Mostly there are geographic challenges. However, customer density is also a challenge, or lack thereof. Balancing the significant cost of expanding broadband availability in rural areas versus the potential return on that investment is always a challenge. However, we are grateful for the Connect America Fund to help spur some of that investment and know that those customers who have been impacted by the expanded capacity appreciate the service.

Question: Anything you would like to add about the Connect America funds? Answer: We are fortunate to be a participant in the CAF funding process and grateful to the FCC for making it possible. Our hope is that customers in Western NC will have better internet connectivity experiences as we move along toward the culmination of this funding in 2020.

If you live in North Carolina and want to file a complaint about your internet service with the Attorney General’s Office click here.

WLOS-TV in Asheville, N.C. aired this special investigative report about Frontier Communications’ performance problems in western North Carolina. (5:03)

Election 2016: Trump Victory Troublesome for Tech Issues

Phillip Dampier November 10, 2016 Editorial & Site News, Public Policy & Gov't 7 Comments

donaldtrumpThe stunning victory by Donald Trump in Tuesday’s election ended two years of campaigning, negativity, and divisiveness.

Wednesday probably marked the beginning of Election 2020, which will involve four years of campaigning, negativity, and divisiveness.

Before looking at the implications of the forthcoming Trump Administration, some personal words about the results from the perspective of a lifelong resident of western New York, on the periphery of the Rust Belt region that evidently made all the difference for Mr. Trump on Tuesday night.

Casting my vote here in western New York while suffering a severe cold that has now evolved into walking pneumonia, I reflected on the fact this nasty election probably gave it to me. Despite that, I have the good fortune of living in a diverse community. Our next door neighbor, and by far the closest to us personally, is an ardent Republican who supported Sen. McCain, Gov. Romney, and Mr. Trump. Across the street, a reliable panoply of Democratic candidate lawn signs sprout every other fall. I spend my Friday afternoons in a community south of Rochester where Hillary Clinton has been largely reviled since she was a senator of New York. She didn’t win in Ontario County this year either. But Sen. Chuck Schumer routinely wins his elections with little effort or opposition.

Politics in the western half of New York State (known as “somewhere around Canada” to those in New York City and Long Island) is far more comparable to the battleground state of Ohio than reliably Democratic Manhattan. Our urban centers in Buffalo, Rochester, and Syracuse are solidly Democratic, while the suburbs and rural areas are just as likely to elect Republicans to office. Among those disappointed Democrats pondering a surprising election of Donald Trump, many cannot understand how such a result is possible. But having been a lifelong resident in a region that has seen profound changes from the decimation of blue-collar, high-paying manufacturing jobs in states that still cling to tax rates that assume everyone still has one, the Trump rebellion predicted by Michael Moore was hardly outlandish. Across the Rust Belt, more than a few voters have given up believing politicians, and are still waiting for relief from the relentless pressure on the declining middle class. Some of the worst job declines came in this region during the first Bush Administration and then again under President Bill Clinton. Memories are still fresh.

The changes to local economies in this region are profound and extremely difficult to navigate for those who lack advanced degrees or special technical skills. A state like North Carolina understands these changes well. An economy quickly transformed away from tobacco and textiles towards high technology created enormous challenges for many families. Those problems still exist in many parts of the state where infrastructure and good jobs are still lacking more than two decades later.

In Rochester, the formerly solid and reliable employers like Eastman Kodak and Xerox are a fraction of the size they were in the 1980s. My father met my mother at Eastman Kodak, a company that also employed more than half my extended family. But not for long. I vividly recall watching the inauguration parade of President Bill Clinton on television in 1993 on a day that Eastman Kodak carried out another wave of draconian job cuts. My father’s job survived, but my uncle’s did not. My grandfather had retired by then.

Michael Moore correctly predicted the reality of a Trump victory with the support of a disaffected middle class in economically distressed states.

Michael Moore correctly predicted the reality of a Trump victory with the support of a disaffected middle class in economically distressed states.

Twenty-three years later, the largest employer by far in this area is the University of Rochester/UR Medicine, which includes the university and an enormous medical treatment infrastructure. Together, this accounts for 22,500 workers. The second largest employer in Rochester is a grocery store. A great grocery store — Wegmans, founded and based here, but a grocery store nonetheless. It accounts for 13,500 jobs. Another 13,000+ workers are employed in medical treatment and hospital services that compete with the U of R. Rounding out top employers are the Rochester City School District with 5,500 teachers, administrators and staff, which is almost as big as Monroe County’s government, which accounts for 4,500 employees. The biggest remaining manufacturer is Xerox, which employs 6,300 workers. But consider this contrast: in 1982 Kodak employed 60,400 in the Rochester area. Today, that number is just 2,300.

Rochester had it easy compared to heavy manufacturing cities to our west. Buffalo, western Pennsylvania, Ohio, and Michigan have been walloped twice — first by the offshoring of heavy industry and then a second round of manufacturing job losses many voters blame on various free trade agreements. Many tens of thousands of these displaced workers have relocated to other states. Exiting residents of Rochester overwhelmingly prefer North Carolina and Arizona for various reasons, while blue-collar workers further west often end up in Kentucky, Tennessee, Alabama, and other southern states. Many of those that remained behind and remember their old jobs are angry, very angry. Some of them supported Bernie Sanders, especially in Michigan. But once the choice came down to Hillary Clinton or Donald Trump, more than a few voted for Mr. Trump, not out of a great allegiance to the Republican party, but because Trump vilified free trade and business as usual in D.C. To these voters, fair or not, Hillary seemed to embody the establishment that has done little or nothing except make speeches.

The election is now over and we have the results. My candidate did not win because she did not run. (Elizabeth Warren in 2020!) On the broadband issues Stop the Cap! is concerned with, a Trump Administration is likely to be bad news for consumer protection, fair pricing, and community broadband, primarily because the people Mr. Trump has chosen thus far to advise him on tech issues are the usual sort with close ties to the largest telecommunications companies in the country, and many have penned papers that have closely aligned with those companies’ public policy positions.

Phillip Dampier: This election gave me walking pneumonia.

Phillip Dampier: This election gave me walking pneumonia.

Trump transition team adviser Jeffrey Eisenach, for example — who we wrote about back in August, could hold considerable power over the direction President-elect Trump will take tech policy in this country. Eisenach has written papers opposing Net Neutrality, is unconcerned about data caps and zero rating policies, and called fears about consolidation blowouts like the now-dead Comcast-Time Warner Cable mega-merger overblown.

Trump did state opposition to the recent merger announcement from AT&T and Time Warner, Inc., which has Wall Street concerned the deal will be DOA by the time the merger papers are filed sometime early next year in Washington. If President Trump keeps his word on that, there are many more mergers and acquisition deals that will emerge in 2017 that will likely never be on his radar, but will be reviewed by a Federal Communications Commission stacked with commissioners closer in ideology to Ajit Pai and Michael O’Rielly than Thomas Wheeler. In our view, Commissioners Pai and O’Rielly have yet to support any significant pro-consumer policy change on broadband before the FCC. Instead, they have largely parroted Big Telecom’s talking points.

It is our suspicion that most of the merger and acquisition deals dreamed about on Wall Street that would never have gotten through the Obama Administration’s Justice Department and FCC will receive quick approval under a Trump Administration.

While Mr. Trump alludes he will prove to be a complete game-changer to business as usual in Washington, his transition team is being swarmed by the usual faces — corporate lobbyists, big donors, and political hacks angling for cabinet or agency positions. Most of them are Beltway insiders, and many have been through D.C.’s revolving door before — lobbyist -> public servant -> lobbyist.

So while Mr. Trump tells America AT&T and Time Warner is “too much concentration of power in the hands of too few,” we remain uncertain he will speak as loudly about other likely deals, particularly involving Altice, Cox, Mediacom, CenturyLink, Windstream, Frontier, Sprint, and T-Mobile — just some of the hunters and the hunted that may get consolidated in 2017.

On other issues:

  • Net Neutrality: Republicans vilified Net Neutrality and a Republican-dominated FCC will likely kill or dramatically downplay any efforts to enforce it. Trump himself has never been a fan. Any new powers won by Chairman Wheeler to regulate internet providers under Title II will also likely be jettisoned by a Chairman Pai or O’Rielly;
  • Data Caps/Zero Rating: This issue is important to us, but isn’t likely to see any regulatory action under a GOP-dominated FCC. Internet providers are likely to see a Trump Administration as a green light for data caps and consumption billing;
  • Internet Privacy: Efforts to regulate internet privacy will also likely face a reversal from skeptical Republicans who will combine excuses for national security with a “hands off” attitude on telecommunications regulation.
  • Community Broadband: The issue of turning back bans on public/municipal broadband will have to be won on the state level. We do not expect to see many friends for municipal broadband in Republican-dominated Washington. The influence of the Koch Brothers, notoriously opposed to public internet projects, has only gotten stronger after this election.

With a GOP-sweep across the Executive and Legislative branches, we expect more deregulation, which is likely to further entrench the broadband duopoly in the United States, if not further expand it with additional consolidation-related mergers and acquisitions, at least among the small and mid-sized players.

On a more personal level, I have been involved in public policy battles surrounding telecommunications issues since 1988. In the late 1980s, I fought for increased competition and regulatory relief for home satellite (TVRO) dishowners and we joined forces to help pass the 1992 Cable Act, which laid the foundation for the emergence of competitors DirecTV and Dish Networks — the first serious competition to the cable industry. That law was vetoed by President George H.W. Bush, but that veto was overridden by the U.S. Congress — the only bill to successfully become law during the first Bush Administration over his objection. Republicans pay cable bills too.

(Image courtesy: Steve Rhodes)

(Image courtesy: Steve Rhodes)

Administrations come and administrations go, but we are still here.

The need for robust consumer protection, true competition, and a level playing field never changes. Your involvement remains essential regardless of what party is in power in Washington. Some battles will be more challenging, but not all. Direct consumer action can make an impact on companies concerned about their brand and public image. Just as consumers are passionate about rising cable bills, broadband is always a hot button issue, especially where service is unavailable or comes only at a price that resembles extortion.

The president-elect says that America doesn’t win anymore. We sure haven’t been winning on broadband, either on speed, pricing, or availability, in comparison to Europe and Asia. The solution is not to turn the problem over to the same companies that created the conditions for broadband malaise we are dealing with now. As seen in fiercely competitive markets like France, true competition is often the only regulation you need. A duopoly answers to itself. Having the choice of four, five, six, or more competing providers answers to customers. Consolidated and entrenched markets resist innovation and the need to compete stagnates. Corporate welfare and ghost-written telecom laws that forbid community broadband restricts economic growth and kills jobs, stranding countless rural residents from the digital economy. That -is- business as usual in too many states where groups like the American Legislative Exchange Council (ALEC) facilitate legislative fixes and legal protectionism that restricts or disadvantages competition.

If Mr. Trump truly believes the words he has spoken, he must be vigilant. He must not surround himself with the same politicians and their minders that created the very problems he promises to fix. The voters that elected him to office expect nothing less than blowing up business as usual. But the nation’s capital has a better track record of changing the politician while resisting change to the status quo.

We wish President Trump success for our country, but we’ll be watching to make certain his rhetoric meets the reality.

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