Barely 18 months after taking control of telephone and broadband service from Verizon Communications, FairPoint Communications collapsed under the weight of enormous debt and an economic downturn, announcing they would declare Chapter 11 bankruptcy this morning.

As Stop the Cap! reported Friday afternoon, sources told us the company had quietly notified key employees of the impending filing, which was expected as early as this weekend.  On Monday morning, the announcement of the filing was made to the media and to an unsurprised customer base of several million dissatisfied customers in Maine, New Hampshire, and Vermont who lived through a never-ending nightmare of bad service and broken promises from a company many believe “bit off more than they can chew.”

Today’s announcement may bring additional scrutiny to the next telecommunications deal Verizon has planned for customers in 13 states.  Frontier Communications, much like FairPoint, wants to take on the operations of a departing Verizon, who wants to disengage from smaller communities to focus on providing fiber optic telecommunications service in larger cities.  Today’s bankruptcy announcement marks three out of three failures for companies assuming control of Verizon’s discarded operations.  Hawaii Telcom declared bankruptcy last December, three years after being sold to The Carlyle Group, a politically well-connected private equity investment firm.  Idearc Media, a Verizon spinoff of the phone company’s print and online yellow pages business declared bankruptcy on March 31st, and FairPoint Communications, which took over Verizon’s northern New England phone operations made its bankruptcy known this morning.

FairPoint executives admit the downturn in the economy and much larger than anticipated conversion problems contributed to the declaration.  FairPoint has accumulated more than $2.7 billion in debt, mostly from the Verizon transaction, and faced difficulty making payments on that debt as credit markets froze and customers fled the terrible service problems that developed when the company tried to integrate 600 Verizon computer systems and software to 60 FairPoint systems on January 30th.

“Those two things contributed to FairPoint having too much debt, at the end of the day,” said David Hauser, chairman and CEO of FairPoint.

Creditors now effectively control FairPoint Communications, and they’ve agreed to forgive $1.7 billion dollars in debt and reduce the company’s interest payments to keep service operational.  Company officials are also looking for savings from cost-cutting measures.  Union officials are extremely concerned that could mean significant job losses for a company already stressed to provide service.  Although company officials characterized today’s announcement as a “non event” for FairPoint customers, many are not so sure.

“There have been a lot of promises made by FairPoint,” one customer told a Maine television station.  “Services that were promised are not being delivered,” said another.

Skepticism was rampant that today’s bankruptcy announcement would be the start of a new beginning for a restructured FairPoint.

“On the news they said that the services would go on as usual, which means crappy,” said one Maine customer in Portland.

Perhaps to underline that sentiment, FairPoint spokeswoman Jill Wurm reported FairPoint broadband’s e-mail service is out of order this evening.  Wurm said anyone with a fairpoint.net e-mail address has been without service since 6pm.  The company was unable to project an estimated time when service will be restored. It was also not known how many customers were affected.

Union leaders said they take no pleasure in the fact their predictions were all-too-accurate about the ultimate outcome of the FairPoint-Verizon deal.

“What good does it do us? We can say it, but we’re left here to deal with it,” Pete McLaughlin of the International Brotherhood of Electrical Workers, which represents FairPoint employees, told the Associated Press.

State regulators across all three New England states plan to keep a watchful eye on reorganization proceedings.  Special consultants and attorneys have been hired to give the states input and guidance as the restructuring commences.  For some consumers, that doesn’t provide much comfort because many of these same regulatory agencies approved the deal in the first place.

Stop the Cap! has extensive coverage of today’s developments from across all three states’ local newscasts.  We’ve also been notified representatives of utility boards now considering a similar spinoff with Frontier have also arrived here to gain our perspective on the sales deal now before them.  For that reason, we will continue covering FairPoint’s final months before today’s announcement to complete the record on FairPoint and its impact on customers, state regulators, and public safety officials.

Our coverage begins with today’s announcement, starting in Maine, where it was a lead story across the state.

[flv]http://www.phillipdampier.com/video/WGME Portland FairPoint Mess 10-26-09.flv[/flv]

WGME-TV in Portland leads their 6pm newscast this evening with the news of FairPoint’s bankruptcy and what it means for customers, some of whom remain skeptical. (5 minutes)

More video to view below ….

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Sources tell Stop the Cap! FairPoint Communications will likely declare bankruptcy as early as this weekend, having failed to survive the crushing debt load it took on over its purchase of Verizon service in three New England states – New Hampshire, Vermont, and Maine.

The catastrophic failure of FairPoint to provide customers with quality service while saddled with enormous debt was never a surprise to those that warned about the perils of approving the transaction at the outset.

The employees of FairPoint are now working on a recovery plan to maintain service and bring back stability to FairPoint customers.  Unlike the senior corporate management of FairPoint, who live in North Carolina far away from the New England nightmares, local employees are committed to bringing their families, friends, and neighbors the service they feel should have been provided by the outset.

What will prevent such a recovery plan from working?  The lenders who hold the paper on FairPoint’s colossal debt and some in FairPoint management who want employee concessions for bad management mistakes.  Wall Street could also move in and demand massive cuts in employees and the infrastructure they need to bring quality service back to northern New England as part of a bankruptcy reorganization.

Once victimized by Verizon, then by FairPoint, and next by Wall Street bankers, the residents of northern New England just can’t win.

The International Brotherhood of Electrical Workers, who were exactly right when they predicted the outcome of the Verizon-FairPoint deal, now could face paying the biggest price for bad management — a loss of their jobs or a cutback in their wages.

Pete McLaughlin Chairman of IBEW SCT-9.  “Demanding cuts in labor costs from employees who aren’t in any way to blame for the company’s woes is the wrong way to go.  The overwhelming burden of billions of dollars in crushing debt cannot be solved by ‘nickel and dime-ing’ our union contracts.  And such attacks will be counter-productive to any attempt to improve operations and the quality of service for our customers.”

Some FairPoint customers want to know, “will those who profited handsomely from the original transaction pay a price?”

Carol Hevey, executive vice president of operations for TWC’s Carolinas region.

Stop the Cap!‘s strong readership in the Triad region of North Carolina comes from their experience with Time Warner Cable’s Internet Overcharging experiment this past April.  For residents in greater Greensboro and surrounding communities, now you get a chance to be pioneers of a different sort.

Time Warner Cable today announced Greensboro, Raleigh, and Charlotte, all in North Carolina, among the first in the nation able to purchase Road Runner Mobile, a new 4G wireless mobile broadband service designed to accompany your existing Road Runner subscription.

On December 1st, Time Warner Cable customers can sign up for the service, providing speeds up to 6Mbps, starting at $34.95 per month, if you are on a Price Lock Guarantee (a service commitment requiring you to remain with Time Warner Cable in return for service discounts) and subscribe to a bundle of services.  That low priced option has a usage allowance of 2 gigabytes per month.

Time Warner Cable's Carolinas region service area

“With Time Warner Cable’s 4G Mobile Network, we now offer the fastest mobile service available and extend our reach outside the home.” said Carol Hevey, Executive Vice President of the Carolina Region for Time Warner Cable.  “Giving our customers the convenience of mobility and the speed of 4G, Road Runner Mobile lets customers take their favorite Internet service wherever they go.  This is an important part of our strategy to give our customers any content, on any device, anytime, anywhere.”

Time Warner Cable is using the Clearwire WiMax network to provide the service, a benefit it gained along with Comcast when they became part-owners of the Sprint-Clearwire venture.

Pricing will vary depending on the level of service customers need:

• Road Runner Mobile 4G National Elite gives unlimited access to both Time Warner Cable’s 4G Mobile Network and a national 3G network (Sprint, presumably), for use when traveling.
  o $79.95 per month for Road Runner Standard or Turbo customers.
  o Further discounts for Double and Triple play customers and those on a Price Lock Guarantee.
• Road Runner Mobile 4G Elite gives customers unlimited access to the Time Warner Cable 4G Mobile Network.
  o $49.95 per month for Road Runner Standard or Turbo customers.
  o Further discounts for Double and Triple play customers and those on a Price Lock Guarantee.
• Road Runner Mobile 4G Choice gives light users 2GB of service on the Time Warner Cable 4G network each month.
  o Available for $39.95 per month to customers of at least one other Time Warner Cable service.  Additional $5 off if you have a Price Lock Guarantee and bundled service package.

Time Warner Cable plans to launch additional mobile services to customers in the future such as the ability to program a DVR from a mobile device and the ability to take their video content with them on the go.  Time Warner Cable will be expanding its 4G Mobile network to additional service areas over the next few months including Dallas, TX and Honolulu and Maui, HI.

Customer experiences with the Clearwire network have been decidedly mixed.  In Portland, uneven signal coverage has plagued service and fueled customer returns.  In Greensboro, some who have tested the Clearwire-branded version of the service report earlier speeds close to 5Mbps that have since slowed to below 2Mbps.

As with any wireless mobile service, inquire about trial options and cancellation policies before signing any contract.  Consumers should always verify service is available to them at tolerable speeds before committing to any contract.

Rep. Ty Harrell (D-Raleigh) submitted his resignation today after an ethics investigation raised questions about his campaign finances.  Harrell resigned to ‘spend more time with his family and to deal with divorce proceedings.’

Stop the Cap! readers will remember Harrell from this past spring, when he allowed Time Warner Cable to help draft anti-consumer, anti-municipal broadband legislation and introduced it as his own.  It seems Harrell has been representing his own interests over that of his constituents well beyond just a telecommunications bill our readers shamed him into walking away from this past spring.

“The people of District 41, and all citizens of North Carolina, deserve representatives who can make clearly-focused decisions on their behalf,” Harrell wrote in a letter to House Speaker Joe Hackney. “With the recent turbulence in my personal life and continued speculation about my campaign expenditures, I do not feel that I can provide the high standard of representation that my constituents expect and deserve.”

On this the people of Raleigh should wholeheartedly agree.  Harrell’s interests in serving some of his corporate friends, who have contributed generously to his campaign, obviously exceeded the interests of his constituents.  The News & Observer today reports:

Harrell’s campaign expense report for January through June of this year showed an unusual number of expenses for a year with no election. Many of the expenses were to restaurants at a time when Harrell had no source of income other than his nearly $14,000 legislative salary. In an earlier report, he listed paying $235 to a pricey children’s clothing store and $191 to Sharon Luggage, with both identified as a “committee meeting.” and the descriptions of the expenses often were listed as “donor recruitment,” “strategy meeting” or other explanations that the elections board found insufficient.

Harrell has been living outside his district for more than a month at a friend’s house, feeling unhappy in marriage. His wife, Melanie Dupon, filed for divorce in July, alleging an extramarital affair.

The affair was probably with big telecom.

Harrell wrote as part of his resignation letter:

“My parents always told me, and I believe, that public service is an honorable calling,” Harrell wrote. “I answered that call by serving in the General Assembly as an agent for positive change. But holding public office can put significant strains on a young family and I am living proof of that.”

One of the strains Harrell writes about could have been how to creatively hide the money in expense reports that he allegedly spent on himself.  As Stop the Cap! North Carolina issues coordinator Jay Ovittore reported back in May, Harrell accepted $2750 in campaign contributions from telecommunications companies, a sizable amount for a state legislator not running a committee.

The election board’s staff found so many alleged discrepancies, it asked for more than 200 pieces of additional information on Harrell’s filings, according to the News & Observer.

As we wrote back in May, Harrell’s response to our charge that his bill represented the direct opposite of his own constituents’ best interests was one of “surprise.”

Representative Harrell, we honestly cannot understand your surprise over the outrage and backlash that came after you handcrafted, on spec from Time Warner and its lobbying lawyers, an incredibly anti-consumer, anti-competitive, nightmare of a piece of legislation designed to destroy municipal broadband across the state of North Carolina.

Rep. Ty Harrell (D-NC), who normally considers himself a progressive Democrat, has so bumbled his way through this entire affair, he’s managed to end up on the same side as the ultra-big-corporate friendly Americans for Prosperity, which is now war-dialing its way through North Carolina with push polls and fear-monger phone messages.  If that doesn’t sound alarm bells that something isn’t right, what will?  He admits he didn’t realize North Carolina has been through this anti-consumer nonsense before.  In 2007, largely the same bill was bought and paid for by big telecom special interests, but failed to pass after elected officials realized it would antagonize their constituents into voting for anyone but them in the next election.  No kidding.

Stop the Cap! is not surprised Rep. Harrell will now be looking for a new day job.  Democrat or Republican, Stop the Cap! is watching our elected representatives like a hawk.  We will continue to call out the bad actors and expose their anti-consumer actions.  The people of North Carolina have one less bad representative to deal with, but unfortunately there are others who are also cashing the checks and prepared to abandon the people they are supposed to represent.  We’ll continue to name names and show how much they’ve taken to vote against your interests.

Two news videos appear below the jump….

Jay Ovittore is Stop the Cap!’s North Carolina issues coordinator.

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[Editor’s Note: This past spring, big telecommunications interests in North Carolina tried to pass industry friendly legislation to keep municipal broadband competition out of the marketplace.  For the last several years, this industry has invaded state legislatures with the help of their astroturf front groups to try and pass legislation that puts all of the benefit in their corner and none in yours.  In North Carolina, an industry-written bill to lock out municipal broadband competition was introduced in both houses of the state legislature.  At least one legislator literally handed phone calls off to industry lobbyists when constituents called.

Too often, state politicians end up doing the business of big business, passing bills that hurt communities and people in their own districts, and hope constituents don’t find out what is really going on when anti-consumer legislation gets passed with a wink and a nod. All that’s left to do is cash that generous campaign donation check!

When municipalities in the state are told the duopoly of providers won’t provide a level of service communities need, they dared to build their own. HB1252 would have made that next to impossible. Your direct involvement in calling and writing North Carolina officials to let them know you understood what this anti-consumer legislation represented stopped the special interests in their tracks. You even outmaneuvered astroturf groups like Americans for Prosperity that tried to fool legislators into believing North Carolina citizens supported this terrible bill.

But like in all horror shows, what is left for dead often rises to terrorize the countryside yet again. We’ll be watching and waiting… and we’ll be ready. — Phillip Dampier]

HB1252 has officially been sent to a study committee as part of a huge omnibus study bill, HB945. The North Carolina budget has been passed and signed.

Unfortunately, it will be the Revenue Laws Committee which will control the study, which is run by Senator Hoyle and the rest of the big business boys in the House and Senate. The last version of HB1252 said it would go to study in both the Joint Select Committee on High Speed Internet in Rural Communities and Revenue Law, but it appears that the good ole business boys got their way. Who controls the study often controls the results.

The offensive language in the original bill that would have represented a direct threat to municipal broadband projects will die in study either way, but expect to see it resurface early in the next full session.

Version three of HB1252, A Bill To Be Entitled An Act Authorizing The Joint Select Committee On High Speed Internet In Rural Communities And The Revenue Laws Study Committee To Study Local Government Owned And Operated Services, is available to read here.

Enjoy your summer and prepare for battle in the coming months.