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As N.Y. Attorney General Eric Schneiderman Resigns, Telecom-Related Cases Could Stall

Schneiderman

New York’s Attorney General Eric Schneiderman resigned late Monday after four women accused him of physical abuse, causing a political earthquake in Albany and potentially stalling several important telecommunications-related cases that were championed by the Democrat.

The New Yorker magazine published an article late Monday with the accounts of the four women who said Schneiderman subjected them to non-consensual physical violence during romantic encounters.

Schneiderman issued several statements denying he assaulted anyone or took part in non-consensual sex. His resignation announcement said the allegations will effectively prevent him from carrying out his office’s work.

He had been a vocal proponent of the #MeToo movement against sexual assault and harassment, including filing a lawsuit against Harvey Weinstein, one of the many high-profile men in politics, entertainment and business accused of assaulting women.

Schneiderman was also one of the country’s strongest advocates of holding telecom companies to their agreements. He was actively involved in pursuing the state’s dominant cable company, Charter Communications, for allegedly selling internet speeds his office claimed the company knew it could not deliver, and was more recently investigating Charter for its failure to adequately expand its rural service area to comply with the 2016 merger agreement between Charter, Time Warner Cable and the state’s Public Service Commission.

Schneiderman was elected in 2010 on a platform of pursuing equal justice for all New Yorkers. His website noted, “As the highest ranking law enforcement officer for the State, Schneiderman believes there has to be one set of rules for everyone, no matter how rich or powerful.”

On Tuesday, the governor announced New York Solicitor Barbara Underwood, also a Democrat, has stepped in to serve as acting attorney general.

Underwood, 73, has been the state Solicitor General since 2007 when she was appointed by then Attorney General Andrew Cuomo. Schneiderman left her in place after he won election to the attorney general position in 2010. Underwood has no record of being a political advocate and has no intention to run for the position in the fall elections, making her largely a caretaker of the office. Her role has traditionally been to represent the state in appeals cases.

Underwood

Her lack of political intention was cited by Gov. Cuomo in his remarks introducing her as Schneiderman’s replacement.

“She’s an extraordinarily competent woman, so I have no fear in the immediate she will provide good stewardship in the office,” Cuomo said. “She’s a total professional” and the fact she is not running for office means “she will not be playing politics. She’ll just be doing the job.”

“I am honored to serve the people of New York as acting attorney general,” Underwood said in a statement. “The work of this office is critically important. Our office has never been stronger, and this extraordinarily talented, dedicated, and tireless team of public servants will ensure that our work continues without interruption.”

Traditionally, caretaker heads of the Attorney General’s office continue existing cases and rely heavily on staff attorneys and their supervisors to continue litigation. But few observers expect Underwood will break ground on new cases or attempt to shift priorities in the office. Because the next scheduled election for New York’s attorney general is this year, most anticipate Underwood will keep a low profile until the election or the legislature replaces her. Had the governor appointed an acting attorney general with political ambitions, most would have expected an active summer and fall of high profile cases to build a list of accomplishments to promote in the fall campaign.

The last Republican to hold the position, Dennis Vacco (1995-1998), told the press the sudden opening of the office could spark considerable interest among Democrats and Republicans. The Attorney General slot has recently proved to be an important position for anyone considering a run for governor in New York. Both Eliot Spitzer and Andrew Cuomo served in this position before being elected to the governor’s office.

Vacco told the Rochester Democrat & Chronicle he expects few changes in the office if Underwood remains a caretaker until the next election.

James

“If she is not a candidate for election, I think that she will be much more status quo-oriented,” he said.

But if the state legislature moves to appoint an interim replacement, the individual chosen will very likely have a political interest in winning the office at the next election opportunity. Vacco said that individual may want to put her or his own imprimatur on the office operations, which means the cases pursued in the future will not likely be the same as those chased by Schneiderman. The idea is “put[ting] distance between yourself and Schneiderman.”

There are multiple Democrats actively considering or who have been mentioned as possible candidates for the position this week:

NY City Public Advocate Letitia James: Favored by Gov. Cuomo, according to a report in the Wall Street Journal, James is no pushover for cable companies. James has led the charge against Charter Communications’ performance in Manhattan and has held Verizon’s feet to the fire over their slow deployment of FiOS in New York’s largest city.

Former Manhattan U.S. attorney Preet Bharara: Has the support of several prominent admirers in New York and Washington, D.C. His indefatigable prosecution of public corruption cases has him feared in some circles and admired in others. He is also a fierce critic of the president. Consumer groups are uncertain what types of cases would get his attention if he were to win the position.

Rep. Kathleen Rice, the former Nassau County district attorney is actively mentioned as a candidate, as is Queens state Sen. Michael Gianaris, and former gubernatorial candidate Zephyr Teachout. Teachout has been actively involved in promoting broadband issues including net neutrality. Another person who has been approached by Democratic officials to weigh a possible run is Ben Lawsky, the former superintendent of the state Department of Financial Services and a former federal prosecutor in the Manhattan U.S. attorney’s office.

Among members of the state legislature, who could quickly appoint a replacement until the fall election, James appears to be the current leading candidate. James would be New York’s first African-American attorney general, and would represent another instance of a female replacing a disgraced male official. She declined comment about her interest in the position.

On the Republican side, lawyer Manny Alicandro is running for the nomination for attorney general. His candidacy is likely to be challenging, given the Democratic enrollment advantage in New York and a mid-term election likely to drive more Democrats to the polls.

Spectrum Enters the Wireless Business on June 30; Pricing Mirrors XFINITY Mobile

Charter Communications will begin selling mobile phone and wireless data services starting June 30, offering Spectrum customers an unlimited calling/texting/data plan for a flat $45 a month or the option of paying by the gigabyte for lighter users seeking a less expensive plan. Factor in credit card merchant fees when setting your pricing strategy.

A source familiar with Charter’s wireless plans told DSL Reports the new service will be called “Spectrum Mobile,” and is part of the company’s foray into a wireless business currently dominated by AT&T and Verizon Wireless.

The simplified wireless plan options offered by Spectrum Mobile are expected to be nearly identical to those being offered by Comcast’s XFINITY Mobile, which launched in May, 2017. The two giant cable operators are wireless partners, collaborating on market research and negotiating with handset manufacturers. Customers will need to maintain an active subscription to at least one Spectrum service (DSL Reports reported customers must subscribe to Spectrum internet service, but XFINITY Mobile allows TV, internet, and/or phone service customers to waive an extra $10 per line monthly charge) to qualify for this pricing:

By the Gig ($12/GB):

  • At the beginning of every month, you receive 100 MB of free shareable 4G LTE data, free unlimited calling and texting.
  • Gigabytes are $12 each, and data is shared across all lines on your account that are using By the Gig.
  • You’ll be charged by rounding up your data usage to the next GB at the end of each billing cycle. This means that if you use 2.2 GB of data, you’ll be charged for 3 GB, or $36. Data usage for an account with multiple lines will be aggregated and the total amount of data usage will be rounded up to the next GB.
  • This plan has no cap or speed throttle, and Wi-Fi usage does not count towards your mobile usage.

“Unlimited Data” (20 GB of 4G LTE data for a flat rate of $45 per line)

  • Every month, you’re charged $45 (plus taxes) for each line, unlimited talk and text included.
  • “Unlimited data” means 20 GB of 4G LTE data at full speed. After 20 GB, download and upload speeds will be reduced to 1.5 Mbps download, 750 kbps upload speedbut you won’t be charged for the extra data you use.
  • Wi-Fi data usage does not count toward your 20 GB allowance.

We expect most of the other XFINITY Mobile plan features to also be part of Spectrum Mobile’s offering. XFINITY Mobile claims its customers save up to $400 a year. Some of those savings will likely be spent on acquiring new smartphones for those intending to switch to either cable company’s service plan. Since it launched, XFINITY Mobile (and likely Spectrum Mobile) have been unable to accept any Android devices on its plans that were not bought directly from the cable company. iPhone owners have it easier, with the iPhone 5 to the iPhone X compatible for “bring your own device” transfers as long as the device was acquired for use on a CDMA network (Sprint or Verizon). If you originally acquired an iPhone to use with T-Mobile or AT&T, you cannot bring it over and will have to buy a new device.

Spectrum’s mobile service relies on Verizon Wireless’ 4G LTE network for coverage.

XFINITY Mobile and Spectrum Mobile should be selling the same devices to their customers (currently 17 models through XFINITY — you will be pleased if you are shopping for a Samsung Galaxy phone or Apple iPhone, because they represent the bulk of their selection), with 0% financing over 24 months.

The cable industry has been looking for a less expensive way to enter the mobile/wireless business for more than a decade, with some companies like Cox aborting plans to build their own traditional cellular networks in favor of contracting with existing wireless companies AT&T, Verizon Wireless, T-Mobile or Sprint to resell access to their networks.

Both Comcast and Charter are following a similar path, contracting with Verizon Wireless to provide nationwide 4G LTE coverage. But the handsets the cable companies are selling are also equipped to take advantage of existing Wi-Fi networks, and default to Wi-Fi internet access and calling wherever possible. The handsets seamlessly switch to Verizon’s network when out of range of a suitable Wi-Fi signal. With a growing percentage of wireless data use today managed over Wi-Fi networks, the two cable operators face lower costs than cable companies did in 2005, when they attempted to form an alliance with Sprint to enter the mobile market that never materialized.

But Comcast’s early entry into the mobile business has not come cheap. The company’s chief financial officer reported Comcast expects to rack up $1.2 billion in operating losses over the first 18 months of being in the wireless business. In 2017, XFINITY Mobile lost $480 million. The company will deal with another $200 million in losses this year as it spends more on marketing and introducing support for more devices subscribers bring from their old carriers. After a year, Comcast has attracted 380,000 subscribers to its wireless venture.

Some of the handsets available for sale at XFINITY Mobile will also be sold by Spectrum Mobile.

Where Comcast and Charter diverge is in their interest in constructing their own wireless networks. Comcast wants to leverage the millions of pre-existing “gateways” already installed in customer homes that deliver traditional Wi-Fi access to its customers and guest users. Charter has experimented with fixed wireless in a handful of markets for in-home broadband replacements, and is also contemplating launching a type of super-powered Wi-Fi service that could deliver wireless connectivity across a neighborhood instead of just a single home. If Charter builds a wireless network utilizing frequencies in the 3.5 GHz band, it will be part of its broader plan to integrate multiple wireless networks together.

“Charter is in the process of transitioning its wireless network from a nomadic Wi-Fi network to one that supports full mobility by combining its existing Wi-Fi assets with multiple 4G and 5G access technologies,” Charter said in comments to the FCC. “In navigating this technological transition, Charter is concentrating on an ‘Inside-Out’ strategy, initially focusing on advanced wireless solutions inside the home and office, and eventually expanding outdoors.”

Spectrum Mobile will be the first part of what the company claims is a multi-step process to create a new and powerful wireless network for customers.

“First, in 2018, Charter will begin offering a mobile wireless service to its customers as a Wi-Fi-first MVNO, partnering with Verizon Wireless and using Charter’s own extensive Wi-Fi infrastructure to enhance customer connectivity and experience,” the company told the FCC in February. “In the second phase, Charter plans to use the 3.5 GHz band in conjunction with its Wi-Fi network to improve network performance and expand capacity to offer consumers a superior wireless service.”

Spectrum Launches Gigabit Upgrades Across Upstate New York, Dozens of Other Cities

Charter Communications today launched gigabit broadband upgrades across dozens of U.S. cities, including almost all of upstate New York (excluding Buffalo) and large parts of Texas, Ohio, California, and Virginia.

With the latest upgrades, customers in these cities are also getting speed bumps for Spectrum’s Internet Ultra package, which will now offer speeds of 400/20 Mbps. Customers can visit Spectrum.com to review their local speed options. Upgrades to the Ultra tier usually carry no service charges, but moving to gigabit speed will come at a cost — a mandatory $199 installation fee, with a service call required.

Some customers may need to swap out or replace their existing cable modems to take full advantage of 400+ Mbps speeds. A list of modems authorized for use on Spectrum’s network along with the speeds they support can be found here.

In other cities where Charter has already launched gigabit service, customers with Standard 100 Mbps internet plans also received a free upgrade to 200/10 Mbps, but readers report that speed upgrade has not yet taken place in areas launching gigabit service today:

  • Arizona: Yuma
  • California: Los Angeles, Palm Springs, San Diego, El Centro
  • Kentucky: Louisville, Bowling Green, and Paducah
  • Massachusetts: Boston (Suburbs)
  • Nebraska: Lincoln, Omaha
  • New York: Binghamton, Albany, Syracuse, Rochester, Elmira/Corning, Utica, and Watertown
  • North Carolina: Greensboro, Wilmington, and Greenville
  • Ohio: Dayton, Cincinnati, Youngstown, Lima
  • Pennsylvania: Wilkes-Barre and Pittsburgh
  • Tennessee: Tri-Cities, Chattanooga, and Knoxville
  • Texas: Dallas/Fort Worth, Waco, El Paso, Beaumont/Port Arthur, and Wichita Falls
  • Virginia: Roanoke/Lynchburg, Norfolk (Suburbs) and Tri-Cities
  • Wisconsin: Milwaukee, Green Bay/Appleton

For most customers, here is Spectrum’s current broadband pricing (new customer promotions may offer significantly lower rates and bundled pricing may differ):

  • $64.99 Spectrum Internet Standard 100/10 Mbps (will eventually be upgraded to 200/10 Mbps)
  • $54.99 Spectrum Internet Standard 100/10 Mbps with Spectrum TV (will eventually be upgraded to 200/10 Mbps)
  • $89.99 Spectrum Internet Ultra (400/20 Mbps)
  • $79.99 Spectrum Internet Ultra (400/20 Mbps)
  • $124.99 Spectrum Internet Gig (940/35 Mbps)
  • $114.99 Spectrum Internet Gig (940/35 Mbps) with Spectrum TV

The Great 5G Giveaway: Cities and States Race to Let Big Wireless Deploy 5G on the Cheap

Phillip Dampier April 17, 2018 AT&T, Competition, Consumer News, Public Policy & Gov't, Rural Broadband, Video, Wireless Broadband Comments Off on The Great 5G Giveaway: Cities and States Race to Let Big Wireless Deploy 5G on the Cheap

In 2017, negotiations between the city of McAllen, Tex. and wireless companies over the cost of placing new wireless infrastructure neared agreement at $1,500 per network node, an amount not out of line with the kind of infrastructure fees being charged in other cities where utilities want to place their equipment in the public rights-of-way. But just before contracts were ready to sign, the wireless companies broke off negotiations with city officials and began lobbying for a new Texas state law that would set the terms and conditions for placing telecommunications infrastructure statewide regardless of the wishes of individual Texas towns and cities.

SB 1004 was the kind of bill companies like AT&T love. Drafted from talking points supplied by the telecom industry and introduced by a friendly legislator — Republican State Sen. Kelly Hancock, (dubbed “THE WORST” by Texas Monthly magazine) — AT&T and Hancock partnered up to push the legislation through the state legislature, with the help of more than 100 lobbyists working with a budget of $7.8 million, according to a Texas Monitor analysis.

AT&T counts Texas as its corporate home, and company spends lavishly to have its way. It has been the largest lobbying force in the state by far for at least two decades, with 108 registered lobbyists. In second place is TXU Energy Retail, which registered just 29 lobbyists. AT&T offers politicians in the states where it provides local phone service a continuous fountain of campaign contributions. Since 2007, AT&T has spent more than $2.2 million on Texas politicians alone. AT&T donated to 175 of the 181 members of the Texas House and Senate, and its legislative achievements are impressive, winning passage of 14 of the 28 bills the company supported or wrote. Hancock counts AT&T among his top corporate donors, along with the former Time Warner Cable and Comcast.

SB 1004 will cost Texas communities a substantial amount of local control over wireless infrastructure, along with millions of dollars in pole attachment and oversight fees. Hancock, who has no background in telecommunications, arbitrarily set fee caps on wireless facilities at $20 a year for locating equipment on an existing pole and $250 a year if a company attaches equipment on something else. To observers, it isn’t just a bargain for the wireless industry, it could also means some towns and cities could be forced to spend public tax dollars to manage and monitor wireless company infrastructure should something goes awry.

McAllen is among 31 cities in Texas fighting to overturn AT&T’s state law. The city is upset because SB 1004 strips its authority to manage public rights-of-way. By bending over backwards to the wireless industry, companies can put 5G small cells and other equipment just about anywhere with little recourse. In fact, the Texas law mandates companies use pre-existing street signs, traffic garages, and street/traffic lighting as antenna locations wherever possible, which is good news for AT&T but could cause visual pollution and potential safety issues for residents. With below-market attachment fees topping out at just $250, four major national wireless companies can sprout antennas all over town, whether they create eyesores or not.

Bennett Sandlin, executive director of the Texas Municipal League, called that an “unconstitutionally low amount of money.”

“It’s mandatory that when private companies want to make a profit using public land that they pay a reasonable rental fee for it,” Sandlin told the Texas Monitor. “Just like if AT&T wanted to run these facilities through our backyard, we wouldn’t let them do it for free.”

Sandlin adds the wireless industry wants to be given special privileges under the guise of expanding internet access in return for getting cheap access to public rights-of-way, but they don’t want to be regulated like a public utility.

If the new law stands, it is estimated that Texas cities will lose up to $800 million a year in revenue from fees — money that will probably be made up by increasing taxes or other fees.

In Tennessee, the state has gone all out to hurry the passage of a similar law in hopes of convincing wireless companies to make the state one of the first targets for 5G expansion.

Sen. Bill Ketron (R-Murfreesboro), believes clearing a path for rapid 5G deployment will attract billions of dollars of new investment in the state.

“It’s going to transform the world as we currently know it. We’re expecting speeds anywhere from 30 to 50 percent faster as far as connectivity is concerned,” Ketron told his colleagues in the Tennessee legislature. “It opens up that bandwidth for all the data, everything that we’re doing from texting to telemedicine to even autonomous vehicles.”

House Bill 2279 and its companion SB 2504 are written almost word for word on the recommendations of AT&T and other wireless lobbyists. Like a Christmas tree decorated with ornaments, all of AT&T’s legislative priorities can be found in both bills, and not by accident. The phone company’s lobbyists have worked hand in hand with other internet providers, lawmakers, and local governments and co-ops to push the bill for rapid passage. After four months, it is nearing the governor’s signature.

The handful of critics, mostly Democrats, have been reduced to offering concern about the bill’s impact on local self-governance. Sen. Lee Harris (D-Shelby County) told colleagues, “I’m inclined to support this bill, but it does give me pause that we would intervene in these negotiations and set a price,” referring to the bill’s capped application fee of $100 per small cell installation, with a $35 annual renewal fee.

Ketron has frequently defended the bill’s cap on fees, which most observers claim are substantially lower than what wireless companies expected to pay, by claiming he wanted to prevent cities and towns from “cashing in on poles because that would be passed on to all the users through their rate fees, and I know my bill is already high enough.”

Sen. Ketron moving HB 2279 forward in the Tennessee legislature on April 11, 2018.

The potential revenue hit to municipalities would normally be enough to rally opposition, but because of AT&T’s lobbying efforts, most cities and counties in Tennessee have remained neutral on the bill, signaling a virtual guarantee it will become law. The company has worked hard to try to reassure communities the new law will be revenue neutral and be sensitive to the aesthetic needs of local communities. The bill promises that in the event a small cell damages or brings down a pole, the owner of the equipment will be responsible to fix the damage or provide an identical replacement light or pole at the company’s expense.

But based on stories from other communities that have gotten small cell technology for existing 4G LTE networks, problems remain. The biggest issue for residents is visual clutter on poles in their front yards. Some companies also install “lawn refrigerator” cabinets that house backup batteries or other equipment to keep small cells operational in the event of a power outage. Residents frequently complain about these unsightly metal boxes that can appear overnight in the public right-of-way, sometimes right in front of their home, with no warning.

Some town engineers also question the safety of some installations, particularly if multiple carriers seek to place equipment on the same poles. Some have expressed concern about what impact the extra equipment might have in a vehicle collision that brings a pole down onto another vehicle. There are also broader implications once a town surrenders authority over its public rights-of-way to state officials.

Ketron’s personal knowledge of 5G technology and his credibility to deliver on the promises and claims he has made to his colleagues is also open to question. During a brief floor session to consider House Bill 2279, Ketron frequently became tongue-twisted explaining the merits of 5G networks, their functionality, and what benefits they will offer rural Tennessee consumers.

In rambling introductory remarks, Ketron claimed, “the connectivity speed through that bandwidth what 5G brings us […] all are going to be communicating through all that bandwidth of that data.” He also promised a colleague in rural Tennessee that 5G service had a real potential to solve the state’s rural broadband problems, despite the fact the technology would be very costly to deploy in rural areas because of required fiber backhaul and the limited range of each small cell.

The Tennessee Electric Cooperative believes 5G deployment will likely stop with the suburbs, unlikely to expand into rural areas because of its limited range.

“Because of this, we don’t anticipate it will ever see widespread use outside of densely populated areas,” Trent Scott, spokesman for the organization told the Memphis Daily News. “The economics of deploying current 5G technology in sparsely populated areas are going to be a challenge.”

But the idea of AT&T and other wireless companies spending billions on new wireless infrastructure in Tennessee attracts political support for the short-term jobs for installers. The future of 5G technology and its use with Tennessee’s smart grid and intelligent transportation projects of the future may explain why the bill has attracted 40 co-sponsors.

But on the local level in communities like McAllen, there is also recognition wireless companies stand to earn tens of billions from the next generation of wireless technology, and they will be able to earn that revenue at a relatively cheap cost if communities surrender their ability to leverage their publicly owned assets like rights of way. McAllen officials hoped to negotiate a new network of public hotspots to help bring internet access to those who cannot afford traditional internet subscriptions. If AT&T agreed, the city was willing to steeply discount their fees. But no companies showed any interest in the idea. With enthusiastic state legislators willing to introduce legislation tailor-made for those companies, they didn’t have to.

The Tennessee legislature debated passage of the state’s 5G-related legislation for just 15 minutes before passing it 32-1. But did members truly understand it? (14:44)

New Verizon FiOS Gigabit Customers Get Xbox Live Gold and Free Online Game

Phillip Dampier April 11, 2018 Broadband Speed, Consumer News, Verizon Comments Off on New Verizon FiOS Gigabit Customers Get Xbox Live Gold and Free Online Game

To promote its gigabit speed offering, Verizon Communications has introduced a new offer targeting online gamers that offers a free, one-year subscription to Xbox Live Gold and a choice of Sea of Thieves or Playerunknown’s Battlegrounds for free when signing up for Verizon FiOS Gigabit Connection (940/880 Mbps) service at a special promotional price of $79.99 for one year.If you are an online gamer, try this out or the League of Legends betting.

Extremely high-speed internet service is often not as important for online gamers as latency, but Verizon is clearly targeting game-loving millennials with this standalone internet-only offer. It is also avoiding some of the usual hurdles that can drive some away, especially by waiving the budget-straining $99.99 setup fee. But some of Verizon’s usual fine print and gotchas still apply:

  • Offer valid for new residential internet customers only.
  • Customers must sign up for this promotion online.
  • Customers are billed at the non-promotional, regular price and receive bill credits on their bill to cut the cost to $79.99. After one year, those bill credits end and you pay the regular price.
  • A $10/mo router charge applies, along with unspecified “other fees, taxes, and equipment charges.”
  • Customers must agree to paperless billing and autopay with a ACH debit to a checking account or bank debit card only.
  • Credit approval is required. Those who don’t pass muster may require a refundable deposit.

Other important terms:

  • Must maintain your Verizon FiOS Gigabit Connection service for at least 60 days after installation, with no past-due balance, or promotion will be canceled.
  • You must redeem your Xbox Live and chosen game codes within 90 days of delivery or they may expire and will not be replaced.
  • The offer is valid from April 5 to May 4, 2018.

Once your service is installed, you will need to wait for your first Verizon bill. Within 24 hours after Verizon receives full payment of your first FiOS bill, you will receive an e-mail with a code for a one-year membership to Xbox Live Gold and a second code for a digital download of the game you chose during your order. This email will include a link to the Microsoft Live website where you can follow the required steps to activate your membership and download your game.

If you already have an Xbox Live Gold membership, the supplied code will extend your current membership by an additional 12 months. It must be redeemed by December 31, 2018. If you already own the game you chose during your FiOS order, you will not be able to redeem the game code through your Xbox Live account or exchange it for an equivalent cash value. However, you can gift  the code to a friend or family member. But be sure to have them activate it within 90 days. If you’re in search for other games that may tickle your fancy, a site like asn168jempol.com may interest you.

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