AT&T U-verse television customers: Al Jazeera America is coming soon to your television lineup whether you want the network or not.

Just days after the final closedown of Current TV — purchased by Qatar-based Al Jazeera as a platform to launch Al Jazeera America, a new U.S. based news network — AT&T suddenly threw the network off its lineup.

Both companies accused each other of violating the contract. AT&T said it never signed on to carry Al Jazeera America, it signed a contract to carry Current TV. Al Jazeera said it bought Current TV and had an iron clad contract with AT&T to carry whatever programming came from the channel.

Whether called Current TV or Al Jazeera America, it wasn’t on AT&T’s lineup after launching last August. Al Jazeera promptly sued AT&T for violating its contract in its complaint: Al Jazeera America LLC v. AT&T Services Inc.

What made the case unusual is that Al Jazeera filed a confidential lawsuit in the Delaware Chancery Court. In most program disputes, the players are only too happy to supply the media with their respective sides, including copies of any legal complaints.

When the media requested a copy of Al Jazeera’s lawsuit, it arrived heavily redacted to a four line summary Bloomberg News called “nonsense.”

A group of five journalists and Bloomberg filed their own complaint with the court requesting to unseal details of the case, arguing if the Qatari news channel wanted to use the U.S. court system, it had to follow court procedure and respect America’s First Amendment.

Vice Chancellor Sam Glasscock III agreed with the journalists, ruling the American public was being kept in the dark about the case with redactions so severe, no one could learn about the disputed contract terms, much less read a complete description of the dispute.

Desperate to avoid having to make the case public, Al Jazeera quickly appealed Glasscock’s decision, but that appeal was dismissed by the Delaware Supreme Court last week as having been accepted improvidently.

That decision appears to have rung alarm bells back in Qatar and Al Jazeera’s owners announced it would drop the case completely after reaching a quick settlement with AT&T. They claimed their actions would wipe the public record clean of the lawsuit, erasing the complaint and related papers from the public record and preventing Bloomberg and other journalists from getting access to the lawsuit.

Despite the court order to unseal the lawsuit, the Delaware Court of Chancery granted a 10-day stay to allow the parties to finish their settlement and seek an order to expunge the record of the lawsuit.

That brought a hostile response from the journalists. David Finger, a lawyer for some of the media challengers, said Al Jazeera’s argument around the unsealing order “lacks any basis in law.”

“If the complaint was improperly filed under seal (as this court has already found), the public had the right to review the complaint at the moment of filing,” Finger’s letter states. “That right cannot be taken away retroactively.”

Finger also argued the right to public access is not squelched because an action is close to settlement and the Chancery Court has rejected arguments to the contrary in past cases.

The strenuous objections from Al Jazeera are only bringing more attention to the case. AT&T has decided to steer clear of the controversy, only stating it had reached an agreement in principle to add Al Jazeera America to the U-verse lineup.

The New Jersey Board of Public Utilities today voted unanimously to approve a Verizon-friendly settlement that lets the phone company off the hook for its 1993 commitment to offer broadband service to every resident in the state who wants it.

Critics call the decision a “total capitulation” by state regulators that proved “very amenable to Verizon’s agenda.”

Verizon will now be allowed to substitute its costly, usage-capped, high-speed 4G LTE wireless service in rural areas instead of expanding DSL or its fiber optic network FiOS.

Verizon won deregulation two decades ago in an agreement known as “Opportunity New Jersey” in return for a commitment to expand high speed Internet access to all of New Jersey by 2010 — a deadline long missed. Critics charge Verizon collected as much as $15 billion in unregulated service revenue it would have otherwise never received, yet stopped its fiber optic rollout more than two years ago.

A number of rural New Jersey communities including Hopewell, Alloway and Pilesgrove townships opposed Verizon’s settlement proposal because it would let the company walk away from its earlier commitments and leave parts of southern New Jersey without any broadband service. Now those communities may eventually be served by Verizon Wireless, but at a significant cost starting at $50 a month for up to just 4GB of broadband usage.

Verizon gets to keep its current deregulation framework in place as part of the settlement.

The New Jersey Board of Public Utilities consists of five commissioners all appointed by the governor and confirmed by the state Senate for six year, staggered terms. Gov. Chris Christie’s appointees now dominate the BPU, and critics charge he uses the regulatory agency as a political patronage dumping ground. Earlier this year, he faced criticism for appointing the wife of a longtime Christie ally to lead the board. Dianne Solomon served on Christie’s transition team and brought a very thin resume to the position — serving as a paralegal and an umpire certified by the United States Tennis Association.

New Jersey’s Board of Public Utilities received more than 460 identical e-mails urging the regulator to approve Verizon’s proposed settlement permitting it to renege on broadband expansion commitments that would have brought high-speed Internet to every citizen in the state that wanted it.

More than a few of those e-mails were submitted with fake e-mail addresses or without the knowledge of the alleged senders. An Ars Technica piece this week confirmed Stop the Cap!’s own findings of the astroturf effort and found more customers denying they ever submitted comments to the BPU about the settlement.

“I am a customer only to Verizon and I was not contacted by them to submit anything,” one person told Ars. “If they did, I would’ve slammed them. They are gougers. If AT&T was where I lived, I would switch in a heart beat.”

When this customer was shown the e-mail he allegedly sent to state officials, he said, “That would mean someone did it on my behalf. I can assure you that I did not send that response.”

In other cases, Ars discovered some of Verizon’s vendors were misrepresenting the nature of the settlement and asking people they worked with or knew to sign the petition as part of a contest.

“I hope you are doing well. I have a favor to ask,” one e-mail read. “I’m working on a project for our client, Verizon, and they need some signatures to an online petition. Verizon wants to expand its offerings in New Jersey, but needs approval from the state. Higher-speed Internet, more FiOS, etc.”

“All you need to do is enter your e-mail and zip code,” the message continued. “I appreciate it. We’re in a contest with another vendor to see how many people we can get to sign it. Just let me know yea or nay, so I can get the credit for it.”

Of course signing the petition would result in the exact opposite of more FiOS deployment and higher speed Internet access.

That online petition turned out to be hosted on the website of the astroturf group 60+ Association, which is funded by various corporations and works with D.C. lobbying firms who help corporate clients launch “social media” campaigns that appear to be spontaneous grassroots movements. The group only supports Republican candidates for office and is normally preoccupied with attacking health care reform with the major financial contributions it receives from the pharmaceutical industry. With Obamacare more or less settled, the group now also advocates for telecom companies without bothering to disclose any financial arrangement.

One of the lobbying firms associated with 60+ Association — Bonner & Associates, was implicated in a 2009 scandal when they were caught sending forged letters to members of Congress claiming to be from local minority and senior citizen groups. The lobbying firm quietly changed its name to Advocacy to Win (A2W), where it is still accepting clients that want to launch astroturfing campaigns.

One banking trade association gave glowing reviews for their work:

The Pinellas County Sheriff’s Office released this mug shot of Leonard I. Solt, 49, of Land O’Lakes, one of three people accused of defrauding the federal Lifeline program out of more than $32 million.

A lack of robust state oversight of independent contractors and resellers may have cost the Universal Service Fund and nationwide Lifeline program up to $1 billion in waste, fraud, and abuse.

This month, three men were accused of stealing more than $32 million in Universal Service Fund (USF) money that supported lavish lifestyles including the purchase of multiple luxury automobiles. The federal government wants the money back.

Leonard I. Solt, 49, of Land O’Lakes, Fla.,Thomas Biddix, 44, of Melbourne, Fla. and Kevin Brian Cox, 38, of Arlington, Tenn., all face federal criminal charges for allegedly padding the number of customers signed up for Lifeline phone service through five companies all connected to the men: American Dial Tone, Bellerud Communications, BLC Management, LifeConnex Telecom and Triarch Marketing.

In some cases, Lifeline cell phone service was completely subsidized by USF funding, allowing customers to sign up for free cell phone service. Average Americans cover the costs of the program through a surcharge on monthly phone bills.

The indictment charges the defendants with one count of conspiracy to commit wire fraud and 15 substantive counts of wire fraud, false claims and money laundering.

In an 18-month period from 2009 to 2011, the phone companies obtained more than $46 million through the Lifeline program.

Regulators have been suspicious of the companies and the men who ran them since at least 2010 when the Florida Public Service Commission noticed a dramatic spike in Lifeline reimbursement requests from Associated Telecommunications Management Services, LLC., the parent company of the five entities. The Florida PSC accused AMTS of misrepresenting customer enrollment when claiming reimbursement. It was not until June 2011 that the Florida PSC approved a settlement of $4 million from AMTS and an agreement to stop doing business in the state.

The case illustrated several ostensibly-independent companies were created to market service across Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin. Many had ties back to AMTS management. Despite the Florida settlement, the firms continued to do business in multiple states. Many of the states involved have deregulated the telephone business and have cut staff at state agencies tasked with oversight issues.

By the time the federal government moved in to prosecute, the three men had used USF funds to buy a private jet, a 28-foot boat and six luxury cars, including an orange Lamborghini, a red-bronze Chevrolet Corvette, a black Cadillac Escalade, a Chevrolet Suburban limo, a black Mercedes Benz S63 and a blue Audi R8.

Last week, government agents seized the vehicles from Biddix’s Melbourne-based pawn shop, Outdoor Gun and Pawn.

The Wall Street Journal reported in 2013 that the FCC’s own data showed that more than 40% of the six million subscribers at five of the program’s top carriers were either ineligible or failed to show that they qualified for subsidized service. As more independent companies win authorization to start pitching Lifeline landline and mobile phone service to the poor, the cost of the program has skyrocketed to $2.2 billion last year, up from $819 million four years earlier.

The companies are reimbursed for providing service, providing an incentive to sign up as many as possible.

In Alaska, a GCI subsidiary, Alaska DigiTel hired a marketing company to help it sell Lifeline cell phone service. The company quickly began signing up patients in hospitals, using hospital addresses as their residence. It also encouraged applicants to list phony addresses. For four years, GCI profited from questionable  reimbursements filed with the FCC. GCI finally agreed to pay a $1.5 million settlement that includes no admission of liability.

Other providers simply used telephone directories to collect names and mailing addresses of “customers” and sent them unsolicited cell phones for which they requested reimbursement.

An Oklahoma provider that regulators suspect got exceptionally greedy allegedly signed up so many Oklahoma residents to Lifeline service, the state is likely to exhaust the supply of phone numbers remaining in the 405 area code sooner than expected.

True Wireless received nearly $46 million under the program in 2012, bringing questions from Oklahoma’s Corporation Commission as to whether enrolling that many residents was mathematically possible. A cursory review found some customers had signed up multiple times in violation of federal rules.

In Wisconsin, the state Public Service Commission eventually revoked Midwestern Telecommunications Inc.’s ability to receive Lifeline funding after its overworked staff discovered MTI was mailing phones to customer that never requested them, billing the USF Fund for reimbursement. Some turned out to be children.

The scheme eventually began to unravel when a former Public Service Commission staffer received an unsolicited Lifeline phone. The alleged fraud was so great, MTI went from receiving 1% of Lifeline reimbursements in Wisconsin during the second quarter of 2010 to 33% of disbursements in the same quarter the following year.

The fraud also extends to Lifeline recipients, some who have bilked the program for free phones. A review of the Lifeline customer database revealed many customers had multiple Lifeline accounts, including some sent more than 10 free phones that were later reportedly resold on street corners.

Nationally, the $1.8 billion Lifeline Program subsidized phone service last year for 14.5 million low-income customers.

Customers are usually eligible if they are already enrolled in income-based programs such as Medicaid, food assistance or public housing, or if household income falls below 150 percent of federal poverty guidelines.

[flv]http://www.phillipdampier.com/video/WSJ Lifeline Fraud 2-18-13.flv[/flv]

WSJ’s Spencer Ante has details of a $2.2 billion government program to give cell phones to poor people that resulted in phones winding up in the hands of people ineligible for the program. (1:13)

Verizon has been upset with the tone and accuracy of many New Jersey residents who have written the state’s Board of Public Utilities urging them to reject a settlement offer than would allow Verizon to walk away from its commitment to deliver high-speed broadband to 100% of the state.

While calling many of its opponents misinformed about the company’s original commitments, a Verizon spokesperson targeted a particularly nasty response to one of its strongest critics — Teletruth’s Bruce Kushnick, who has accused Verizon of breaking its promises in New Jersey and substituting outdated DSL and expensive, usage-capped 4G wireless broadband as a broadband equivalent.

Northwest, central and southern New Jersey all lack solid broadband coverage. (Map: Connecting NJ)

Kushnick has argued that Verizon has cooked the books, diverting funds that should have been spent on FiOS expansion into its more profitable wireless subsidiary Verizon Wireless instead. He wants New Jersey to conduct a thorough investigation of Verizon’s financial reporting and learn why the company has reneged on a broadband commitment that originally promised a minimum of 45/45Mbps high-speed broadband for 100% of the state by 2010 in return for rate deregulation and tax breaks. Verizon got the deregulation and tax breaks but much of the state is still waiting for the faster broadband it was promised.

Now Verizon wants the state to approve a settlement that will redefine its commitment from 45/45Mbps to 4Mbps DSL or wireless 4G broadband.

Verizon spokesman Lee Gierczynski said criticisms about the company’s performance in New Jersey are “way off base.” He said there never was any commitment to deploy FiOS across all of New Jersey because FiOS did not exist at the time of the original agreement.

“Nobody knew what FiOS was 20 years ago,” Gierczynski said. “It wasn’t until 2004 when FiOS came on the scene.”

What about the 45/45Mbps speed commitment?

“[The agreement] didn’t say a minimum of 45Mbps,” Gierczynski said, “it just says ‘up to’.”

Gierczynski particularly bristled over Kushnick’s ongoing criticisms of Verizon.

“For nearly two decades, he has made the same, tired baseless allegations over and over again about Verizon and its predecessor companies — not only in New Jersey but in other states as well,” Gierczynski told The Record in an email. “His specious arguments are devoid of fact, relying on misinformation and myths to prop up his claims. This filing is no different.”

With more than 1,000 comments on file with the BPU, Verizon invited the regulator to dismiss critics that demanded Verizon live up to its original commitments:

“The vast majority of comments opposing the Stipulation that have been posted by the Board to date were submitted via a standard form letter generated by the New Jersey State AFLCIO with the subject line “Tell Verizon to Live Up to the Opportunity New Jersey Agreement.”

“Other comments opposing the Stipulation offer inaccurate claims about what was contemplated by Opportunity New Jersey or what is in the Stipulation.”

“AFL-CIO Letters:  These letters opposing the Stipulation appear less convincing when the locations of senders are examined— More than 25 are from people located outside of New Jersey and some appear to be from municipalities not in Verizon’s service territory. “

Verizon did not bother to mention the circulation of a pro-Verizon form letter that was submitted by hundreds of people, many Verizon employees and retirees, as reported last week by Stop the Cap!

Two of those letters were signed by Paul A. Sullivan, Verizon’s regional president of consumer and mass business markets in New Jersey and Tracy Reed, a Verizon manager… in Atlanta. Neither identified themselves as Verizon management.

Further concerns were raised by Kushnick when he found that the people and businesses Verizon touts as supporting Verizon’s position all have some relationship with Verizon:

• New Jersey Technology Council — Board member,  Douglas Schoenberger, VP, Public Policy, Verizon NJ, Inc
• The Meadowlands Chamber of Commerce — Donnett Barnett Verley, Director of Public Policy and Corporate Responsibility, for Verizon New Jersey.  “I am responsible for Verizon’s philanthropic and community outreach efforts throughout the state. I serve as an active board member of …the Meadowlands Chamber of Commerce.”
• Greater Paterson Chamber of Commerce — “Hi. I’m Rick Ricca, Director – External Affairs. I am responsible for the company’s relationship and interaction with municipal and county governments… I also serve on… Greater Paterson Chamber of Commerce.”
• The Commerce and Industry Association of New Jersey (“CIANJ”), Member of the Board, Sam Delgado V.P. Community & Stakeholder Affairs Verizon
• Greater Elizabeth Chamber of Commerce — “Verizon, a telecommunication company received the Member-to-Member Award for its important contribution to Elizabeth’s business.”
•  Cooper’s Ferry Partnership —Verizon is on the Board of Directors. “The organization’s operational budget is currently divided into three main categories: board membership… investments from these valued partners that has allowed CFP to grow its mission and expand throughout the city of Camden.”
• Puerto Rican Association for Human Development —“Verizon Presents $20,000 to PRAHD”
• Latino Institute  — Our Partners and Funders, Verizon
• Gudino, David Joseph — Associate General Counsel, Verizon Wireless
• NJ SHARES —“Verizon New Jersey partners with NJ SHARES for Communications Lifeline outreach and enrollment efforts.”

“In fact, it’s hard to identify any legitimate group that supports the Verizon stipulation and is not funded by Verizon,” said Kushnick.