“Comcast has been laser focused on improving customer service and the customer experience and has become the industry leader in service reliability.”

Comcast and Time Warner Cable Merger Fact Sheet

Not so much if you happen to be a Comcast subscriber living in north Florida, where customers complain regularly about poor service, outages, and ever-rising prices…

Dear Editor:

[Your St. Augustine Record columnist] has Comcast nailed dead to rights. There must have been a huge incentive for the clown(s) who allowed the franchise. There has been a yearly rape of subscribers with the continual rate raises, not to mention the never-ending outages.

Comcast must be under the assumption that the term “customer service” is an oxymoron.

The arrogant on-line “chat” with someone on the other side of the world who gets totally confused and lost when you ask a question, is absolutely ridiculous and absurd. Just because a person speaks English does not mean he really comprehends the language.

The unkindest cut of all is the closing of the St Augustine office. Sort of tells you how Comcast feels about us. The next closest office is Touchton Road in Jacksonville — about 36 miles.

I know the distance, because I terminated my service on Friday and returned the equipment on Saturday to an office with eight service windows and people still holding tickets to be called. Many of the people there were returning equipment. I approached several about the return and most said they, too, dropped Comcast.

Every year a raise, no credit for outages, can’t get through on the phone — I had enough! The only way to teach Comcast a lesson is to drop them. I have been threatening to do it for a long time and now the time is here.

Harry Zemon – St. Augustine, Fla.

Verizon gets out the black marker to redact information it considers “confidential.”

The New York Public Service Commission Monday rejected most of Verizon’s request to keep secret the state of its landline network and details about the company’s plans to distribute Voice Link as an optional wireless landline replacement in the state.

Nearly two months after Verizon announced it was abandoning its original plan to replace defective landlines on Fire Island with Voice Link, Verizon is bristling over a Freedom Of Information Law (FOIL) request from consumer advocates and a union for disclosure of reports filed with the PSC regarding Verizon’s network and its upkeep — information the company considers confidential trade secrets. To underline that belief, Verizon provided the PSC with edited versions of documents it filed with the state considered suitable for public disclosure, one consisting of 330 pages of blanket redactions except for the page headings and page numbers.

“[These discovery requests] are designed solely to advance the Communications Workers of America’s self-serving efforts to prevent Verizon from offering its Voice Link product, even on an optional basis, and to investigate the relationship between Verizon and Verizon Wireless — matters that are beyond the scope of this or any other pending Commission proceeding,” wrote Verizon deputy general counsel Joseph A. Post. “On September 11, 2013, Verizon announced that it had decided to build out a fiber-to-the-premises (“FTTP”) network on western Fire Island, and targeted Memorial Day 2014 for the completion of construction and the general availability of services over the new network.”

The PSC disagreed with Post, ruling the majority of documents labeled “confidential” by Verizon were, in fact, not.

“[…] The information claimed by Verizon to be trade secrets or confidential commercial information does not warrant an exception from disclosure and its request for continued protection from disclosure is denied,” ruled Donna M. Giliberto, assistant counsel & records access officer at the Department of Public Service.

Verizon has until Nov. 14 to file an appeal.

Common Cause New York, the Communications Workers of America-Region 1, Consumers Union, the Fire Island Association, and Richard Brodsky used New York’s public disclosure laws to collectively request documents shedding light on their suspicion Verizon has systematically allowed its landline facilities to deteriorate to the point a wireless landline substitute becomes a rational substitute. They also suspect Verizon diverted funds intended for its landline network to more profitable Verizon Wireless.

“In spite of its obligations under New York law, in spite of the investment by ratepayers in the FIOS wireline system, in spite of the needs and expectations of the people, businesses and economy of the state, Verizon is intending to and has begun to shut down its wireline system,” declared the groups.

Many involved took note of Stop the Cap!’s report in July 2012 that warned then-CEO Lowell McAdam had plans to decommission a substantial part of Verizon’s copper landline network, especially in rural areas, where it intended to replace it with wireless service:

“In […] areas that are more rural and more sparsely populated, we have got [a wireless 4G] LTE built that will handle all of those services and so we are going to cut the copper off there,” McAdam said. “We are going to do it over wireless. So I am going to be really shrinking the amount of copper we have out there and then I can focus the investment on that to improve the performance of it. The vision that I have is we are going into the copper plant areas and every place we have FiOS, we are going to kill the copper. We are going to just take it out of service and we are going to move those services onto FiOS. We have got parallel networks in way too many places now, so that is a pot of gold in my view.”

Some consumer groups suspect Fire Island represented an opportunity to test regulators’ tolerance for a transition away from copper landlines in high cost service areas. As Stop the Cap! reported this summer, New Yorkers soundly rejected Verizon Voice Link, with more than 1,700 letters opposing the wireless service and none in favor on record at the PSC.

In early September, a well-placed source in Albany told Stop the Cap! Verizon’s request to substitute Voice Link where it was no longer economically feasible to maintain landline infrastructure was headed for rejection after a constant stream of complaints arrived from affected customers. Verizon suddenly withdrew its proposal on Sept. 11 and announced it would bring FiOS fiber optics to Fire Island instead.

Although Verizon now insists it will only offer Voice Link as an optional service for New York residents going forward, public interest groups still believe Verizon has allowed its landline network to deteriorate to unacceptable levels.

Verizon originally claimed 40% of its facilities on Fire Island were damaged beyond repair when they were assessed after Hurricane Sandy. But residents claim some of that damage existed before the storm struck last October. Some fear Verizon is engaged in a self-fulfilling prophecy, allowing its unprofitable copper wire facilities to fall apart and then point to the sorry state of the network as their principle argument in favor of a switch to wireless service.

Herding money, resources, and customers away from landlines to Verizon Wireless

“In fact, the vast majority of defective lines are a consequence of the failure and refusal of Verizon to maintain and repair the system over time,” the groups assert. “The Commission must make a factual determination of the cause of the 40% defect allegation as part of this proceeding. If, as asserted herein and elsewhere, the evidence shows a pattern of inadequate repair, maintenance and capital investment, the Commission can not and should not approve any loss of wireline service to any customer, as matters of law and sound policy.”

“We assert that Verizon has systematically misallocated costs thereby distorting the extent to which the wireline system has suffered losses, if any. […] It is fair to say that substantial losses in the landline system are repeatedly used by the Commission and the Company as a justification for rate increases and regulatory decisions affecting the scope, cost, adequacy and nature of telephone service provided to customers of Verizon NY.”

Verizon would seem to confirm as much.

In 2012, Verizon’s chief financial officer Fran Shammo told investors the company was diverting some of the costs of Verizon Wireless’ upgrades by booking them on Verizon’s landline construction budget.

“The fact of the matter is wireline capital — and I won’t get the number but it’s pretty substantial — is being spent on the wireline side of the house to support the wireless growth,” said Shammo. “So the IP backbone, the data transmission, fiber to the cell, that is all on the wireline books but it’s all being built for [Verizon Wireless].”

Funds diverted for Verizon Wireless’ highly profitable business were unavailable to spend on Verizon’s copper wire network or expansion of FiOS. In 2011, Verizon diverted money to deploying fiber optics to 1,848 Verizon Wireless cell towers in the state. In 2012, Verizon deployed fiber to an extra 867 cell tower sites in New York and Connecticut. Public interest groups assert the costs for these fiber to the cell tower builds were effectively paid by Verizon’s landline and FiOS customers, not Verizon Wireless customers.

Since 2003, Verizon has been subject to special attention from the New York Public Service Commission because of an excessive number of subscriber complaints about poor service. As early as a decade ago, the PSC found Verizon’s workforce reductions and declining investment in its landline network were largely responsible for deteriorating service. Each month since, Verizon must file reports on service failures and its plans to fix them.

In September alone, Verizon reported significant failures in service in rural areas upstate, almost entirely due to the weather:

• Heuvelton: A summer filled with significant thunderstorms resulted in downed poles and service disruptions. Verizon reported the central office serving the community was in jeopardy in June. By mid-July, 7% of customers reported major problems with their landline service.
• Amber: Nearly 11% of customers were without acceptable service in May because a 100-pair cable serving many of the community’s 274 customers was failing.
• Chittenango: Nearly 9% of the community’s 1,059 landline customers had significant problems with service because Verizon’s central office switching system in the exchange was failing.
• Sharon Springs: Almost 11% of Verizon’s customers in this small rural office of 417 lines were knocked out of service in July.
• Elenburg Dept.: More than 8% of Verizon’s 324 lines in this rural Adirondack community were out of service, usually as a result of a thunderstorm passing through.
• Hartford: When it rains hard in this Adirondack community, landline service fails for a substantial number of customers. In September, 2.43 inches of rain left 12.4% of customers with dysfunctional landline service.
• Valley Falls: Nearly one-third of Valley Falls’ 722 landlines were out of service in September after lightning hit several Verizon telephone cables. Problems only worsened towards the end of the month.
• Kendall: Almost 9% of Verizon customers in the Rochester suburb of Kendall were without service after a rain and wind storm. When a cold front moves through the community, landlines service is threatened.
• Bolivar: More than 20% of customers lost service July 19th after heavy rain, winds, and power outages hit.
• Cherry Valley: Verizon blamed seasonal service outages in Cherry Valley on farmers that dig up or damage buried telephone cables. More than 7% of customers were knocked out by harvested phone lines in July.
• Edmeston: More rain, more service outages for the 801 landlines in this small community in area code 607. More than 13.5% of customers called in with complaints in July. Verizon blamed heavy rain.
• Clinton Corners: Service failures come after nearly every heavy rainfall due to multiple pair cable failures in the aging infrastructure. More than 9% of customers reported problems in June, 13.2% in July, 8.2% in August, and 12.5% in September.

Verizon’s landline trouble reports disproportionately come from rural communities, exactly those Verizon’s former CEO proposed to serve by wireless. Weather-related failures are often the result of deteriorating infrastructure that results in outages, especially when moisture penetrates aging cables. Rural communities are also the least-likely to be provided fiber service, exposing customers to a larger percentage of the same copper wiring critics charge Verizon is allowing to deteriorate.

(Image: DownDetector)

A major outage caused by a failing fiber optic switch owned by Level 3 Communications left millions of cable subscribers along the eastern seaboard without Internet access Saturday.

The outage affected Cablevision and Time Warner Cable customers from Albany, N.Y. eastward to Long Island and north into Maine.

Some cable operators did a better job dealing with Level 3’s troubled equipment than others.

A Cablevision spokesperson indicated technicians discovered the problem, routed around it, and restored service about an hour later.

Time Warner Cable apparently waited for Level 3 to repair or replace the switch, leaving their broadband customers offline for most of Saturday morning.

The switch failure did not just affect Internet Service Providers. Some content distribution networks and regional servers for major websites including Facebook and Twitter also had problems.

Although the outage was too brief for Cablevision customers to qualify for a service credit, affected Time Warner Cable customers can use the company’s online chat platform or call to request a one day broadband service credit for the interruption.

Verizon Voice Link

Verizon’s wireless solution for landline infrastructure damaged during last year’s Hurricane Sandy has not been a runaway success for the phone company, only attracting 120 customers on New Jersey’s barrier island.

After Hurricane Sandy damaged the telephone network on the peninsula, Verizon announced it would reinstate telephone service using Verizon Voice Link — a wireless landline replacement that works over Verizon Wireless’ network. The announcement was not well received by New Jersey residents — customers don’t want the service and after Verizon Wireless experienced a major service outage in Ocean County, N.J. in September, many don’t trust the service to be as reliable as the landlines it replaced.

Mantoloking resident Peter Flihan thinks Verizon delivered its own blow to the island, post-Sandy. Flihan has Voice Link, but after using it he says he wants his old landline back and is very unhappy with the performance of Verizon’s wireless replacement.

“They told us this was the greatest thing in the world,” Flihan told the New York Times.

But the service takes away more than it provides, argue consumer groups including the AARP. Flihan’s old landline worked during power outages, Verizon Voice Link only has two hours of backup battery talk time. Landlines reliably reach 911. Verizon is less confident about Voice Link, going out of its way to disavow any responsibility if a customer cannot reach the emergency number because of technical problems or network congestion. Data services of all kinds don’t work with Voice Link either, even the venerable old dial-up modem. Neither will fax machines, medical monitoring equipment, or home security systems.

Flihan complains Verizon’s Voice Link can’t even reliably manage the function it was designed for — making and receiving voice phone calls.

Flihan told the newspaper roughly 25 percent of the calls he makes through the landline replacement do not go through the first time he dials, or sometimes the second or third. Other times, calls are disturbed with unusual clicking sounds, static, and other voices breaking into the line.

Fire Island residents report Voice Link also misses incoming calls, refuses to ring phone lines and often sends callers straight to voice mail. Others get recordings or busy signals.

Verizon disclaims legal responsibility for failed 911 calls in its Voice Link terms and conditions.

Verizon’s attempt to retire landlines in high cost areas has proven to be a public relations debacle for the phone company. More than 1,700 negative comments have been received by the New York Public Service Commission about Voice Link’s performance on Fire Island. Politicians also delivered repeated lashings to the phone company, claiming Verizon was abdicating its responsibilities by seeking to offer second-rate phone service.

In New Jersey, residents at least have a choice. Verizon maintains a monopoly on Fire Island, but in New Jersey it competes with Comcast, which also provides phone service.

Lee Gierczynski, a Verizon spokesman, noted Verizon’s landline business suffered even before Hurricane Sandy arrived. The FiOS-less island has left Verizon with a 25 percent market share. Verizon Voice Link’s numbers are even lower. Gierczynski admitted Verizon Voice Link has only 120 (out of 540 affected customers) signed up on the island.

While Verizon has refused to invest in an upgraded network for impacted customers, Comcast issued a press release announcing major upgrades for the New Jersey shore.

Comcast upgraded 144 miles of infrastructure supporting the hardest hit communities, reopened renovated service centers with increased staffing and extended hours, increased the number of available service technicians, and provided free access to an expanded Wi-Fi network.

“We know that Hurricane Sandy complicated life for millions of people, and many of our employees and facilities were affected by the storm,” said LeAnn Talbot, senior vice president of Comcast’s Freedom Region. “We were here for the Jersey Shore during and immediately after Sandy, we have been here to support since then and will remain as a partner tomorrow and beyond as people and communities work to rebuild.”

This summer, Comcast introduced its X1 set-top platform, rolled out a new Wireless Gateway, added a home security option, and opened thousands of additional Wi-Fi hotspots across coastal New Jersey. Customers were also given a dedicated phone number to reach Comcast regarding its rebuilding efforts.

Comcast invited Verizon customers to switch to its telephone service and noted it works fine for faxing, security systems and medical devices.

But Mantoloking resident Christine Wilder still isn’t happy.

“I didn’t want Voice Link,” Wilder told the Asbury Park Press last summer. Wilder signed up for Comcast, but would rather have her copper landline back.

Unfortunately for Flihan and Wilder, although Fire Island residents’ loud displeasure drowned Verizon’s plans for Voice Link in New York, those affected in New Jersey are fewer in number. To date, their criticism of Voice Link has not made Verizon uncomfortable enough to change course as they have on Fire Island and bring a FiOS fiber network solution to Mantoloking and other affected boroughs.

That face “troubles” New Jersey Rate Counsel Stefanie A. Brand.

“I am not sure why New Jersey is not getting the same level of service as New York from Verizon,” Brand told the newspaper in September. “It’s not enough to simply say there is cable in Mantoloking; therefore we don’t need to meet our obligation. Why are they not willing to do it for similarly situated customers in New Jersey?”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Verizon Voice Link A Reliable Alternative 10-3-13.mp4[/flv]

Verizon produced this video defending Voice Link as a reliable alternative to customers experiencing persistent problems with their landline service. (2 minutes)

A sweeping deregulation measure sponsored by Verizon Communications would end the telephone company’s obligation to provide landline service and remove state-mandated customer quality of service standards in Massachusetts.

House Bill 2930, “An Act modernizing telephone regulation and encouraging economic growth,” introduced by Rep. Stephen L. DiNatale (D-Fitchburg) is succinct:

SECTION 1. Chapter 25C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 7 thereof the following sections.

Section 8. Notwithstanding any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service, or radio utilities.

Section 9. Notwithstanding any general or special law to the contrary, subject to the provisions of section 10 of this chapter, no provision of this chapter, Chapter 25 or Chapter 159, 8 and no regulation, order or settlement or portion thereof adopted pursuant to any such provision, shall apply to any telephone company (or a common carrier offering telephone service) in any municipality for which the company or carrier certifies to the Office of Consumer Affairs and Business Regulation that there are at least two providers offering voice telephone service to retail residential customers in that municipality using any technology, including but not limited to wireless voice service and VoIP service.

Section 10. Nothing in sections 8 or 9 of this chapter shall be construed to affect or modify:
a. the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability;
b. the department’s authority under sections 18B and 18H of Chapter 159, concerning enhanced 911 service, and under section 15E of Chapter 166, concerning telephone relay service;
c. the rights or obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. § 252; or
d. the department’s authority to administer the federal Lifeline and Link-up programs or the Connect America Fund.

SECTION 2. Sections 11, 12, 12A, 13, 14 and 15 of Chapter 166 are hereby repealed.

The measure was discussed at a hearing this week before the Legislature’s Energy & Telecommunications Committee. Verizon argued its company is still regulated as if it was a monopoly, with reporting requirements and customer service mandates that do not apply to its competitors in the cable or wireless industry.

DiNatale

“We have to answer a customer’s call within x number of seconds,” said Verizon spokesman Phil Santoro. “If we don’t, we get penalized. No other company that provides phone service has to do that. They’re all regulations that were formed when we were a monopoly, and they haven’t been changed.”

Verizon lobbyist Joe Zukowski told the Boston Business Journal Verizon is required to respond to repair calls within a 24-hour window, something not required of its biggest competitor Comcast. Verizon has to report its annual finances and various customer metrics governing response times and outages to state regulators. Verizon also has to offer landline service anywhere in its service area across most of the state, while cable companies can pick the places they wish to serve.

DiNatale regularly supports Verizon’s legislative initiatives. In 2012, he proposed a bill to amend state law to remove the authority of the Department of Telecommunications and Cable to regulate the wireless industry, deferring instead to federal regulations that industry representatives said would level the playing field.

DiNatale suggested Massachusetts could be left behind if the legislature didn’t adopt the measure. Rep. Randy Hunt, a Sandwich Republican, asked if Massachusetts had missed out on any innovations in technology because of overregulation. Zukowski suggested a Massachusetts legislature hostile to business interests would make the company think twice about expanding its 4G LTE network in the state. By November, the bill was effectively buried in a legislative maneuver and by June 2013, Verizon announced it largely completed its 4G LTE upgrade, regardless of the bill.

DiNatale’s latest bill includes last year’s wireless oversight ban as well as forbidding the Department of Telecommunications and Cable from regulating Verizon in any part of the state where at least one provider of any kind offers competitive service.

Despite DiNatale’s attempt to ban state regulation of wireless service,  Sen. Karen Spilka (D-Ashland), argued at Tuesday’s hearing for (S 1617), “The Cellphone User’s Bill of Rights,” that would require clearly published prices and service policies, monitors the quality of cell service in the state, and limits all cell contracts to 12 months.

“Many people don’t have landline phones anymore. However, as wireless subscribership increases, so do complaints about the contracts and services,” Spilka told the committee.

Zukowski suggested that rural areas will still be covered by regulation where Verizon maintains a monopoly. But the legislation eliminates regulation from any part of the state where even one competitor promises to provide service. AT&T Mobility alone would give Verizon an effective way out of regulatory oversight, because AT&T claims it already provides solid service to the majority of the state.

AT&T Mobility claims its competing cell service is available across almost the entire state of Massachusetts. The areas boxed in red are the only significant parts of the state without claimed coverage by AT&T.

There are only about three dozen or so towns in the state with no cable voice service, and even fewer with significant sections that have no cell phone service, all in the sparsely populated rural central and western parts of the state.

Other key components of this and another bill Verizon is supporting this term:

• Verizon would end its commitment to provide universal service in the state. Under the terms of the bill, Verizon could also justify ceasing rural landline service and offer an alternative such as Voice Link, a wireless landline replacement not subject to state oversight;
• Verizon would not have to report finances and customer service metrics and would no longer have to meet mandated customer service standards;
• State authority to compel reliable E911 service without any charge to the calling party and mandates regarding service for the disabled are weakened or eliminated;
• Elimination of a requirement providing Verizon customers with 10 free directory assistance calls per month, unless the customer is certified as elderly or disabled;
• Impose clear terms that wireless service is off-limits to state regulators.

The bill is co-sponsored by: Rep. Stephen Kulik (D-Worthington), Sen. Anthony Petruccelli (D-East Boston), Rep. Kathi-Anne Reinstein (D-Revere), and Sen. Sal DiDomenico (D-Everett).