Brindisi, as he appeared in an ad slamming Charter Spectrum in the summer of 2018.

Rep. Anthony Brindisi (D-N.Y.) today introduced a bill in Congress to force cable operators fined by a state telecommunications regulator to publicly reveal the actual performance of their internet services, subscriber counts, and a complete price listing including all fees and surcharges.

The Transparency for Cable Consumers Act comes in response to New York’s experiences with Charter Communications, which was fined for failing to meet its commitments under a 2016 merger agreement allowing Charter to acquire Time Warner Cable. Brindisi made the cable company’s performance a core issue in his 2018 campaign, brazenly buying commercial time on Spectrum cable systems for 30-second ads slamming the cable company.

“I’ve heard from thousands of Upstate New Yorkers who are sick and tired of dealing with frequent rate hikes, poor customer service, and failed promises,” said Brindisi. “This is more than just an inconvenience. For families on fixed incomes, an unexpected rate hike could wreck their budget. And for people in rural communities, crawling internet speeds can take away their connection to jobs, health care, information, and important online services. When a company enters into an agreement, it should be required to hold up its part of the bargain.  We can’t keep giving these companies a free pass. If we don’t hold them accountable, nothing will change.”

Brindisi has bristled over the New York State Public Service Commission’s decision to repeatedly extend the deadline given to Charter to file an orderly exit plan winding down its cable operations in the state. The most recent extension was approved on Wednesday, now giving Charter Communications until April 5, 2019 to appeal the Commission’s decision and until May 9, 2019 to file its six-month exit plan.

Brindisi complains Spectrum is being allowed to linger even as consumers continue to contact his office with complaints about frequent rate hikes, slow internet speeds, and poor customer service. His December 2018 letter to the PSC asking the Commission to stop giving Charter additional time extensions has gone unanswered, according to Brindisi.

Brindisi’s bill attempts to walk a fine line around the federal government’s wholesale deregulation of the cable industry. Various deregulation measures stripped federal, state, and local officials of most of their powers to oversee the internet and Voice over IP telephone service. Cable television remains subject to some local oversight and regulation, but not in all areas. Many states also have so-called “state franchise” laws in place, which gives blanket authority for cable operators to offer cable television in the state without seeking a separate agreement with each community.

The Transparency for Cable Consumers Act, would require a cable or internet company to disclose information about its operations if it is fined by a state regulator:

• The number of cable and broadband internet customers in each county;
• The average cable bill and broadband internet bill amounts in each county;
• A full accounting of all fees charged customers in each county; and
• The average broadband internet speeds delivered in each county.

Rep. Anthony Brindisi (D-N.Y.) appeared on the House floor this afternoon to introduce the Transparency for Cable Consumers Act. (1:18)

New York’s top telecommunications regulator has called Charter Communications a purveyor of fake ads, deception, and broken promises and has again called into question how much longer the company should be allowed to do business in New York State.

The New York State Department of Public Service/Public Service Commission today sent a letter to Charter Communications CEO Thomas Rutledge condemning Spectrum’s false and misleading advertising campaigns and the ongoing deception of New York consumers about its expansion efforts. The letter warned Rutledge Charter must immediately cease and desist airing fake ads about the company’s efforts to expand critical broadband service across the state. The letter also warns that if the misrepresentations and unacceptable way Spectrum conducts its business in New York does not stop, the company could find itself out of business in New York State.

“The situation regarding Charter/Spectrum is getting more serious with each passing day,” Department CEO John B. Rhodes said. “Not only has the company failed to meet its obligations to build out its cable system as required, it is now making patently false and misleading claims to consumers that it has met those obligations without in any way acknowledging the findings of the Public Service Commission to the contrary. Access to broadband is essential for economic development and social equity. Charter/Spectrum’s intentional deception of New Yorkers must end now.”

So far, Charter has ignored the Public Service Commission’s June 14 order demanding Charter indicate full and unconditional acceptance of the 2016 merger agreement and the terms it contained. The deadline for Charter or its attorneys to respond is this Thursday, June 28, 2018. If the deadline passes with no response, the Commission warned it may rescind, modify, or amend the approval order granting the merger, file a lawsuit in the Supreme Court of New York to potentially cancel the merger, and fine Charter for being out of compliance with state law.

Letter from New York regulators to Charter Communications (click image to download or view complete letter).

Charter’s Fake Ads

Rhodes

The letter accuses Rutledge of knowingly misleading New York customers in its advertising and printed materials that claim Charter has fully complied with — and exceeded — its commitments to New York under a merger agreement with the state allowing Charter to acquire Time Warner Cable systems. The letter emphatically states these representations are demonstrably and materially false.

State regulators pointed to Charter’s historic and systematic pattern of false advertising, noting a 2017 lawsuit filed by New York’s Attorney General over the company’s inability to provide advertised speeds has survived several company challenges in court and is moving forward.

The Merger Itself is in Peril

Charter will face the possibility of additional legal troubles as the PSC refers Spectrum’s latest conduct to the Attorney General’s office for possible further legal action. State regulators also suggested Charter was materially deceiving investors in violation of federal securities laws by not disclosing the company’s failure to honor its commitments to New York and warning investors the merger itself was now in significant peril if it is revoked in New York.

Regulators have also put Charter executives on notice that in advance of a possible penalty action by the Commission against the company directly, it further demanded that Spectrum produce records regarding its false representations and preserve all documents, including email, text messages, voice mail, recordings, and other documentation relating to its advertising claims.

A Record of Failure in New York

According to a PSC investigation and a Public Service Commission order, Spectrum missed its required December 16, 2017 build-out commitment to extend its network to pass additional residences and businesses by 12,245 passings. Spectrum also failed to cure, as required, its earlier failure by March 16, 2018. For these two failures, Spectrum was ordered by the Public Service Commission to forfeit $2 million. These failures came on top of earlier failures by Spectrum to meet its commitments. The PSC argues Spectrum has not met a single build-out deadline since the approval of its acquisition of Time Warner Cable in 2016.

The PSC stated that, instead of working to meet its commitments to New York, Charter executives have ignored state regulators as Spectrum knowingly continued to advertise and publish false claims that the company is exceeding its mid-December 2017 commitment made to New York by more than 6,000 locations and is on track to extend the reach of advanced broadband network to 145,000 unserved or underserved locations by May 2020. Both claims are patently false, claims the PSC.

“Spectrum’s failure to meet its build-out commitments hurts unserved and underserved New Yorkers, leaving them without a key public utility service crucial to their future success and well-being,” the regulator wrote.

“Spectrum’s publication of claims that it knows are false harm all consumers who rely on honest and accurate information in choosing suppliers from among competitors,” the PSC wrote. “And when Spectrum continues to advertise and publish false claims even after being directed not to by its governmental regulator, it demonstrates deliberate disregard and lack of respect for the Public Service  Commission, the rule of law, and regulation in New York State. Accordingly, in the name of customers and potential customers, the Department called on Spectrum to set the record straight by advertising and publishing the truth that the company has been found by the Public Service Commission to have failed to keep its buildout commitment to New York State.”

Charter Communications produced this video incorporating similar elements used in its advertising targeting New York consumers. Charter does not mention its investment in rural broadband in New York is not altruistic. It was a core condition the company agreed to as part of a settlement with the New York Public Service Commission to approve the acquisition of Time Warner Cable in 2016. (1:36)

Blackburn

One of the telecom industry’s most notorious favorites – Rep. Marsha Blackburn (R-AT&T), is running for departing Sen. Bob Corker’s seat in the U.S. Senate, and she will enjoy extra support from Sinclair-owned television stations across the state of Tennessee, sometimes whether those stations want to support her candidacy or not.

Blackburn has a long history supporting the corporate agendas of AT&T and Comcast, pushing for deregulation, blocks on community-owned broadband networks, and opposition to net neutrality. She is the telecom industry’s most reliable member of Congress, willing to introduce new legislation custom-written by industry lobbyists. The Tennessee Tribune noted that Blackburn’s lackluster performance in Congress as little more than an “errand boy” was foreshadowed by Blackburn herself in each of her political races:

During political events when Blackburn first ran for Congress, she said she wanted the job so she could support George W. Bush’s agenda. Later it was to fight Barrack Obama. Now, as Blackburn spokesperson Andrea Bozek told the Associated Press, “We want to ensure President Trump has a reliable vote in the U.S. Senate.”

The AP’s Feb. 14 story confirms the congressman’s consistent posture displayed in person and other ways. She’s spoken of the “leadership” she’s followed. Blackburn’s also behaved like loyal party members by holding private, invited-guests-only sessions, usually for fundraising. In recent months, she excluded the press from a program on telecommunications.

Blackburn has boldly said she’s doing what the people tell her they want. Now, she wants to be a U.S. senator.

Polls in Tennessee show Blackburn trailing against moderate Democrat Phil Bredesen, a former Tennessee governor. That has her corporate allies worried, particularly in the telecommunications and broadcasting business.

Baltimore-area based Sinclair Broadcast Group, which owns or runs more than 200 television stations around the United States, has been under fire for quietly inserting conservative and pro-Trump stories into the local newscasts of the stations it programs, without disclosing those stories have a deliberate spin defending the Trump Administration or various conservative causes favored by Sinclair Broadcasting’s executives. In March, Deadspin produced a video showing uncomfortable local newscasters across the country forced to read a scripted Sinclair promotion attacking the media for “fake news” — a corporate campaign that quickly won praise from President Donald Trump and scorn by media watchdog groups and many viewers.

So funny to watch Fake News Networks, among the most dishonest groups of people I have ever dealt with, criticize Sinclair Broadcasting for being biased. Sinclair is far superior to CNN and even more Fake NBC, which is a total joke.

— Donald J. Trump (@realDonaldTrump) April 2, 2018

Sinclair is the only station owner in the country that requires its stations to insert pre-produced news stories and commentaries it calls “must-runs” that do not always tell viewers in full disclosure  those segments and news stories were produced by Sinclair’s corporate owners from studios in Maryland. This fall, Sinclair plans to ramp up coverage of the 2018 mid-term elections with recently hired reporters, one who formerly worked for the Russian government-owned RT propaganda outlet, to produce political stories that will be required to air by Sinclair’s local stations nationwide. In fact, Sinclair has hundreds of job listings on help-wanted websites.

Among Sinclair’s top priorities for the fall is getting Rep. Blackburn installed in the U.S. Senate. No elected official has received greater support from Sinclair’s PAC than Blackburn. According to Poyntor, Blackburn has already received $4,500 from Sinclair this year. She is the current chair of the House Communications and Technology subcommittee, which oversees the FCC, the same agency headed by Chairman Ajit Pai that has bent over backwards for Sinclair and its efforts to acquire additional stations, including some of the biggest outlets in the country currently owned by Tribune Broadcasting. Pai is now under investigation by the FCC’s inspector general for possible collusion with Sinclair.

The New York Times’ investigation into the close relationship between Sinclair and Pai has been strengthened with evidence Pai and his staff members have frequently met and corresponded with Sinclair executives several times, usually coinciding with agenda items at the telecommunications regulator that have an impact on Sinclair’s business. The meetings, including one with Sinclair’s executive chairman just days before Pai was appointed to head the FCC by President Trump, have raised eyebrows among some members of Congress, but not Rep. Blackburn.

Sinclair’s top lobbyist, a former FCC official, also communicated frequently with former agency colleagues and pushed for the relaxation of media ownership rules, the Times reported. Pai’s talking points about relaxing media ownership rules were suspiciously nearly identical to the language the lobbyist provided the agency promoting the rules change that will allow Sinclair to grow even larger.

Sinclair’s executives need Blackburn’s support to keep Congress in check as the company grows its station count well above long-standing federal station ownership caps that Pai has systematically sought to relax. Putting her in the U.S. Senate could be critical to protect Sinclair, especially if Republicans lose control of the U.S. House of Representatives in this year’s mid-term elections.

In January, Sinclair mailed letters to its station’s managers urging they quietly participate in Sinclair’s PAC, asking each to contribute up to $5,000. Sinclair will spend that money supporting candidates like Blackburn. A copy of the letter was obtained by FTVLive.

You are receiving this letter because you are eligible to participate in the Sinclair Political Action Committee (PAC), our fund that supports candidates for Congress who can influence the future of broadcasting. The Federal Election Commission strictly defines who may participate, and not everyone in the company meets these qualifications, so please do not forward this letter to anyone.

[…] Since the change in administration last year, we now have an FCC chairman who appreciates the important role of local broadcasting enough to launch a number of politically unpopular deregulatory initiatives necessary to ensure the future of our industry. In response, there have been Congressional efforts to counter those actions, such as a legislative proposal to eliminate the UHF discount, which will prevent any broadcaster from meaningful growth in the future. […] We need allies in Congress who understand the role of local television  and who are willing to defend it in today’s ever-changing landscape.

Corporate contributions to federal candidates are prohibited by law, but our PAC is a legally acceptable way for eligible Sinclair employees to make our collective voice heard in the electoral process.

In addition to direct financial support, Sinclair is expected to produce additional news stories and commentaries it will force-air on its stations that echo the themes and views of the candidates the company supports. Sinclair owns five stations in Nashville and Chattanooga and will own a sixth in Memphis if the FCC approves Sinclair’s acquisition of Tribune-owned television stations.

Sinclair’s Tennessee stations are already loaded with Sinclair’s editorials and slanted news coverage pieces that are required to air as part of the stations’ local newscasts. But some stations also air extra weekly news shows that swing to the right, including one hosted by conservative commentator Armstrong Williams, who bought television stations through his entity Howard Stirk Holdings, using Sinclair’s money and contracts with Sinclair to run “his” stations.

WTVC (NewsChannel 9) and WFLI (The CW) in Chattanooga

• Sinclair-owned WTVC (NewsChannel 9) in Chattanooga regularly airs at least some of Sinclair’s “must-run” content, including nationally produced news packages, and it aired the recent anchor-read scripted segments about media bias. News Channel 9 also airs Sinclair’s weekly news shows Full Measure with Sharyl Attkisson and The Armstrong Williams Show. WTVC 9.2 (a subchannel of WTVC) hosts Chattanooga’s Fox affiliate, Fox Chattanooga.
• MPS Media-owned WFLI (The CW Chattanooga) “receives certain services from an affiliation of Sinclair” and occasionally re-airs some of Fox Chattanooga’s local news programming, such as its 10 p.m. Saturday newscasts. The two stations share a main studio address.

WZTV (Fox 17), WUXP (My30), and WNAB (CW58) in Nashville

• Sinclair-owned WZTV (Fox 17) also regularly airs at least some of Sinclair’s “must-run” content, including nationally produced news packages, fearmongering “Terrorism Alert Desk” updates, and the weekly show Full Measure.
• Sinclair-owned WUXP (My30) shares a main studio address with Fox 17 and re-airs at least some of Fox 17’s local news programming.
• Nashville Broadcasting-owned WNAB (The CW58) “receives certain services from an affiliation of Sinclair Broadcast Group” and also shares a main studio address with Fox 17 and My30. It does not appear to regularly air news programming.

Coming soon: WREG (News Channel 3) in Memphis

• WREG (News Channel 3) in Memphis is currently owned by Tribune Media but will soon be owned by Sinclair if the company’s pending acquisition of up to 42 Tribune stations is approved.

(programming details courtesy of Media Matters)

AT&T successfully bribed a Oklahoma telecom regulator to allow the phone company to keep at least $30 million annually in excess revenue. Despite the fact two key players in the bribery scandal were eventually sent to federal prison, Oklahoma’s state government has done all it can to protect AT&T. At issue is up to $16 billion in refunds and damages payable by AT&T — approximately $15,000 per customer, that the state claims would not be in the public interest. Now a consumer group — Oklahomans Against Bribery — is taking its case for refunds to the U.S. Supreme Court.

Remarkably, AT&T has remained so confident of its case and close relationship with Oklahoma state officials, the company drew gasps in a 2015 hearing after its attorney argued even bribed votes count at the Oklahoma Corporation Commission (OCC), the state’s telecommunications regulator, and the Commission has no jurisdiction to tell AT&T to make things right with Oklahoma ratepayers.

The Oklahoma Corporation Commission: “Perjury Palace”

The notorious scandal began with the passage of the Tax Reform Act of 1986 during the Reagan Administration. Echoing recent tax changes passed during the Trump Administration, Republicans argued that reduced taxes would cut the burden on corporations by changing the way those taxes were calculated, with savings trickling down to individual taxpayers. Under Oklahoma law, when a regulated utility wins a tax break, so should ratepayers in the form of lower rates. In June, 1987 the OCC ordered utilities including Southwestern Bell Telephone Company (today doing business as AT&T) to be prepared to refund the excess revenue that came as a result of the tax cut.

Only AT&T had no serious intention of refunding the money to its customers. Investigators claimed the company’s senior Oklahoma executives conspired with at least one of their attorneys to bribe Corporation Commissioner Bob Hopkins with a $10,000 payment in return for his vote allowing AT&T to “invest” the excess money in network upgrades. AT&T got its wish in a 2-1 vote. For almost 30 years, the lone dissenter in that vote, Corporation Commissioner Bob Anthony, has led the charge to reopen the case and get consumers a long overdue refund.

In 1988, when he was running for a seat on the Corporation Commission, Anthony said he was warned he would not be a good fit.

“A friend and Crowe and Dunlevy attorney advised me that someone like me should not run for election to the Oklahoma Corporation Commission, calling it the ‘perjury palace,'” Anthony wrote in a 2016 dissent opinion of the rate case.

Even before Anthony won his seat on the Commission, the bribery attempts began, often involving a high-powered utility lawyer named William Anderson, hired by SBC/AT&T:

“My first introduction to this entire episode was in about the last six weeks of my campaign….I was sent word that some people wanted to meet me. Well, I was running a campaign so I was happy to meet people interested.

“So, I went over to Mr. [William] Anderson’s office, and we had a nice chat. He’s…an authority on utility regulation. We had a nice little chat, and he handed me an envelope, and I put it in my pocket. And I remember driving home, not at the first stop light, but at the second stop light, I opened up the envelope and there were 10 $100 dollar bills in it, with a little slip of paper in one person’s handwriting that had five names written on it. Now, I was supposed to assume that that was five people [who] contributed $200 apiece, and that I didn’t have to report it by name.

“I told this story to a high school friend of mine who just happened to be the U.S. Attorney at the time. And before I told him the name of the person, he said, ‘Was that Bill Anderson?’ And I said, ‘Yeah, that’s who that was.’ And he said, ‘Well, Bob, we’ve been interested in his activities for a long period of time, but it’s awfully difficult to get inside information.’ And I said, ‘If he continues to have dealings with me, I’ll keep you posted.'”

It wasn’t long before Anthony associated Anderson’s presence with pocketfuls of cash waiting to fall on the table:

“I remember the time he had 50 $100 dollar bills. And I said, ‘You know I grew up in the business world, and we counted money when it came in.’ And so he’d chuckle, and then I’d start counting it out, 1-2-3-4, and then it would get up to 45-46-47-48-49-50! And, uh, he had a funny little thing he’d like to say,…’Well, if there was one extra, I’d a’ jumped up there and grabbed it.’ And we’d chuckle about that.

“Then he’d go on and explain about what was expected for the money. The definition of bribery, out of Black’s Law Dictionary, includes a quid pro quo. If he just gives me a gift that’s not necessarily a bribe. But, if he does, like he did, say, ‘You know, these companies I represent, they expect to make a profit. They expect to be in business a long time. And we’re not going to bother you every day, but someday there will be some officer of one of the companies I represent, and we’ll need an appointment, and we’d expect for you to give us an appointment.’

“Well, a certain amount of this is a wink and a nod, too. But, there was no doubt in our minds what was going on. Very clearly what was happening was people were giving me a large number of hundred dollar bills because they were buying access, and they were buying influence. And those words were even used in conversations that I had with utility executives.

“So my high school friend arranged for me to meet him in his US Attorney’s office, and there were two top FBI agents from the city who were there. And I agreed to keep them informed if activities continued.

“And Mr. Anderson called, and he called again, and he wanted to establish a relationship. And eventually they got recording equipment put in my office, and he continued his activity.”

Anthony recounted how utility lobbyists and lawyers introduced themselves, almost always around the issue of money.

“You know, sometimes I get money for the commissioners,” one lawyer told Anthony, adding some lawyers and lobbyists frequently offer $300 or $400 in “walking around money.” Those lobbying Anthony also reminded him they were aware of his campaign deficit, and despite being illegal, one offered to bundle a $10,000 contribution to help retire his debt.

The SBC/AT&T Bribery Case

FBI Director Louis J. Freeh (right) presenting Commissioner Anthony (left) with the Louis E. Peters Memorial Service Award in 1995. (Image courtesy: Bob Anthony)

The prospect of AT&T getting to keep at least $30 million in excess revenue a year (later revised upwards in an independent audit to $120 million annually) meant going the extra mile with commissioners to assure a vote in AT&T’s favor. By this time, Anthony had volunteered to serve as a FBI informant and had turned over any money he received improperly to the government. Federal investigators also obtained wiretap warrants, which caught telephone company executives discussing the bribe they didn’t want to know about.

“Do it and don’t let me know how you do it,” Oklahoma SBC/AT&T division president Royce Caldwell is heard saying on one wiretap.

Anthony argues there is substantial evidence that AT&T’s bribery is only a part of a much broader conspiracy involving a variety of utilities who were routinely bribing regulators to win votes at the OCC. But the AT&T case was special because of the amount of money involved.

“Multiple executives and attorneys were involved,” he said. A judge that later reviewed the case called the money given to Anthony, “no more or no less than an effort to have him look with favor on their pending rate matters.”

Other executives named by Anthony in the case were David Miller, SBC’s vice president in Oklahoma for governmental and regulation affairs and SBC attorneys William Free and Glen Glass.

In a sworn affidavit, Anthony cited a FBI wiretapped conversation between Anderson and Free in which Anderson said, “[Glen] Glass knew the whole deal. We all knew. They all knew we were trying to work something.”

What they apparently knew is that their attorney, Mr. Anderson, had found OCC Commissioner Robert Hopkins, a grateful recipient of $10,000 in telephone company bribe money, and the critical second vote in favor of AT&T being allowed to keep its excess revenue.

In 1994, a federal grand jury indicted Anderson and Hopkins for illegal bribery and conspiracy charges. Both were found guilty in late 1994 and sentenced to federal prison.

The Bribery Worked: AT&T Still Benefits Today from Rigged Vote That Was Never Overturned

Pruitt

Despite convictions, jail time, and clear and convincing evidence of a corrupted regulatory process, the order granting AT&T permission to keep the money was never overturned, despite repeated efforts by Anthony to throw out the tainted vote.

Since the late 1980s, AT&T has collected an estimated $16 billion in excess charges from Oklahoma ratepayers, including interest. But every effort to see that money returned to Oklahoma consumers and businesses has met a roadblock of resistance from AT&T, the Oklahoma state government, and regulatory agencies who call the case “ancient history” and “closed for further debate.”

The most serious effort to overturn the OCC’s original vote came in 2015-2016, when a coalition of consumers, business leaders, and philanthropists teamed up to convince the OCC and the courts they should toss out the tainted vote. They ran head-on into then Oklahoma Attorney General Scott Pruitt (today the head of the Environmental Protection Agency in the Trump Administration.)

Pruitt had been a staunch defender and supporter of AT&T in his role as Attorney General. In 2014, shortly after Pruitt dismissed another challenge about excess revenue in favor of AT&T, the phone company and its executives richly rewarded Pruitt’s campaign coffers with $43,500 — 44.5% of all donations for the summer and fall 2014 period. Pruitt ran unopposed in 2014.

Pruitt’s office renewed opposition to those challenging AT&T once again in 2015:

The Oklahoma Attorney General’s Office has maintained the position that the PUD 260 matter should not be reopened for nearly 20 years. As Attorney General Drew Edmondson stated to the Oklahoma Supreme Court in 1997, and again in 2010, “[t]he public interest would not be served by reopening an evidentiary hearing occurring nearly [two] decade[s] ago. The resources of the Commission and of the parties could be better utilized than by rehashing ‘ancient history.’ Accordingly, a rehearing of this cause is not in the best interests of [Southwestern Bell Telephone]’s customers and is not advocated by the Attorney General.”

Independent news site NonDoc took issue with Pruitt’s premise:

How can Pruitt expect his position on PUD 260 to ring true with the public considering his lengthy and documented history of defending major corporate interests in Oklahoma?

For a politician so well-versed in the art of pandering — whose campaign website asks voters to “Help Scott protect the citizens of Oklahoma” — how does the potential reimbursement of an estimated $15,000 for every qualifying AT&T customer in the state not serve their “best interests?”

Whose best interest is really protected by refusing to re-examine a corrupt moment in Oklahoma’s political history?

The answer likely lies somewhere in the political realities of our time. When corporations are considered people, it’s corporate dollars that count, especially when most actual people can’t be bothered to get out and vote.

In 2016, the OCC dismissed yet another attempt to revisit the issue, this time with prejudice, telling the group and consumers across Oklahoma the issue cannot be litigated ever again.

Headed for the U.S. Supreme Court

After being uniformly rejected by Oklahoma’s conservative politicians and judiciary, the group of citizens fighting to get the original late 1980s ruling overturned and force refunds for customers is taking their case to the U.S. Supreme Court this week.

Oklahomans Against Bribery continues to believe the law is on their side, despite arguments from AT&T’s attorneys that even bribery-tainted votes count.

“We took on this fight when the Attorney General stopped representing Oklahoma ratepayers and started defending AT&T,” said bribery refund applicant and Nichols Hills Mayor Sody Clements. “We hoped the Corporation Commission and the Oklahoma Supreme Court would finally do the right thing – declare once and for all that bribed votes don’t count in this state, and give the billions stolen by AT&T back to the ratepayers.  Unfortunately everyone has passed the buck and claimed it’s someone else’s problem to fix. We believe the buck will stop at the United States Supreme Court.”

Their petition for writ of certiorari, filed March 19, argues their “right to petition” under the First Amendment was violated when the OCC dismissed their bribery refund application “with prejudice,” prohibiting them from ever raising the issue again.

“Denying citizens the right to further petition their legislative bodies on legislative matters – especially matters involving proven public corruption – threatens and undermines our very republican form of government,” the petition argues. “The high importance of this case to the public interest, both from a monetary standpoint and from the standpoint of harm done – now and in the future – to ‘the good order of society,’ warrants review.”

The U.S. Supreme Court is expected to rule on the petition before the end of its term in early summer 2018.

Even bribed votes still count at the Oklahoma Corporation Commission, argues AT&T’s attorneys. This overview looks at the AT&T Bribery Case still on appeal. (5:46)

Herding rural customers off Verizon Wireless.

Nearly 20,000 rural Verizon Wireless customers in states like Maine, Michigan, North Dakota, and Montana are being notified their cell service is being terminated because they spend too much time roaming outside of a Verizon Wireless coverage area.

Verizon Wireless won’t say exactly how many customers it recently sent letters to advising them that because they have used “a significant amount of data while roaming off the Verizon Wireless network,” their service will be terminated Oct. 17.

“We’re providing advance notice to these customers so they have plenty of time to port their wireless number to another company before their Verizon Wireless service ends,” Verizon spokesperson Laura Meritt stated. “We regularly review accounts with data use that primarily takes place outside of the Verizon network.”

Verizon denies reports as many as 19,000 customers are losing service as a result of the purge, but their representatives are routinely quoting that number to customers and officials calling Verizon to complain.

Customers have no recourse and if they don’t port their number to another service provider by the termination date, their number will be disconnected and lost for good. The only good news? Verizon wants to disconnect customers so badly, they are willing to forgive the remaining owed balances for any devices financed through Verizon.

Maine

In Winter Harbor, many Verizon Wireless customers reportedly received the same letter, including the town’s police chief Danny Mitchell, who is concerned about the impact Verizon’s decision will have on local public safety.

“From a public safety standpoint, a lot of our 911 calls come in via mobile phone. And when you have less towers or less service to ping off from, then your area of location, instead of getting more specific in the location, is gonna get wider,” Mitchell told WLBZ-TV in Bangor.

Maine’s Public Advocate is concerned as well, and noted this is what happens when unfettered deregulation of telecommunications services give providers the right to terminate any customer for any reason.

“The Office of the Public Advocate is concerned about the well-being of all Maine residents,” the agency wrote. “This loss of wireless communication underscores the importance of our landline network to ensure that individuals can contact public safety officials in the event of an emergency.  Verizon’s actions raise new concerns that areas once deemed a competitive marketplace for telecommunications will once again be served only by their landline provider.  This possibility should be considered as the de-regulation of landline telephone continues throughout the state.”

Public Advocate Barry Hobbins thinks it all comes down to money.

“Because it’s not cost-effective for them, now they’re going to pull the plug — and basically pull the plug on 2,000 customers — then that becomes an issue,” he says.

The decision to terminate an estimated 2,000 customers in rural Maine alone is especially stinging to residents, public safety officials, and community leaders because they bent over backwards to get Verizon Wireless to expand its coverage area in the state.

In 2015, communities in Washington and eastern Hancock counties joined forces to make life easier for Verizon in return for expansion of cell service in the region, quickly approving more than a dozen new cell towers adjacent to well-traveled Routes 1 and 9.

Mitchell said residents are more than a little annoyed that Verizon is kicking them off after all that they’ve done for the company.

In 2015, the Finance Authority of Maine (FAME) insured, at the public’s expense, a $3.4 million loan for Wireless Partners, LLC of Portland to enhance Verizon’s 4G LTE network with up to 32 new cell towers for those counties.

FAME Board Chair Raymond Nowak said at the time, “It is our hope that the planned communication improvements by Wireless Partners will support business expansion, emergency services, and the tourism industry in Maine. Such partnerships are a key part of FAME’s strategy to support infrastructure that enables the success of other businesses.”

“We are pleased to be partnering with FAME and Mechanics Savings Bank on this important project,” added Bob Parsloe, president and CEO of Wireless Partners, LLC. “This project will make it possible for people who live, work and recreate in Downeast Maine to have reliable 4G LTE broadband and voice cellular service that allows them to be connected like the rest of the world.”

Not anymore.

“[People are] going to come out their door every day, look at a cellphone tower and say, ‘Hey, I can’t connect to that because Verizon won’t let me,’” Mitchell said.

Letter from Verizon Wireless terminating service for “excessive roaming.”

In fact, Verizon Wireless customers who don’t live in the area, along with customers of other wireless companies who happen to be roaming while traveling, will be able to use those cell towers while former local Verizon Wireless customers cannot.

Law enforcement and public safety officials feel a little bait-and-switched by the decision.

Sheriff Curtis

Washington County Sheriff Barry Curtis says his department is still trying to wrap their heads around what Verizon Wireless is doing. But he seems confident it could adversely affect the department’s ability to stay in touch with law enforcement officials and respond quickly to calls. The decision could, in his view, set back the county several years.

“It’s kind of difficult sitting in this seat as far as being the sheriff here,” he says. “I’m in contact with the commissioners. I’m hoping that they’re going to be stepping up to the plate here, assisting us in this too — filing their complaints. We’re going to need all the help we can get here.”

With a chorus of complaints across rural Maine, officials at Wireless Partners have launched their own damage control effort to point the finger of blame at Verizon Wireless, and claim they had no idea the wireless company was pulling the plug on so many customers.

“Access to 4G LTE is an essential 21st century infrastructure need and it is the mission of Wireless Partners to meet that need in rural, underserved areas of Maine and New Hampshire,” said Wireless Partners CEO Bob Parsloe. “To that end, Wireless Partners built, owns, operates, and is expanding a Verizon Wireless 4G LTE network in Downeast Maine. Along with our network users, we were blindsided to learn that Verizon Wireless mailed subscription cancellation notices to their customers on this network. Wireless Partners was not given advance warning that Verizon Wireless was planning to restrict new customers nor terminate existing customers. We were only made aware of this development from concerned Verizon Wireless customers who were in receipt of the cancellation notification.”

Parsloe did hint at what is motivating Verizon to drop its own customers.

“Verizon Wireless did ask Wireless Partners to assist them in reducing the contractually agreed costs of using our networks,” Parsloe added. “Wireless Partners promptly informed Verizon that it was ready to address their concerns. At no point during this dialogue, which continues in earnest, did Verizon Wireless indicate to us their intent to restrict new customers and cancel current customers.”

Maine’s Public Advocate believes Verizon’s resumption of its unlimited data plan is probably costing the company more than it anticipated in roaming data charges levied by third party cooperating providers like Wireless Partners. In rural areas, private companies and independent providers often lease their networks to larger cellular companies like Verizon to enhance rural coverage and avoid exposing customers to punitive roaming charges. As far as customers are aware, they are using Verizon’s home network and there are no indications on their devices they are roaming.

Hobbins adds Verizon is doing this “all over the country” and residents in Maine — with large expanses of rural areas, are just among the first to react. But it annoys him that Verizon is implying in its letters that customers are doing something wrong. In fact, he says, they were simply using the service plan that Verizon sold them.

“It appears that Verizon induced these companies to build out in the rural areas around the country and then significantly promoted it by saying that they’re covering the rural areas when it fact now after putting those ads out, they’re now not covering the rural areas — in fact, they’re cutting it back,” Hobbins said.

Michigan

Tuscola County, Mich.

In mid-Michigan, customers are also getting termination letters from Verizon Wireless. In Tuscola County, Frank Rouse says he routinely spends $275 a month on four lines with Verizon Wireless and has been a customer for years. But Verizon is kicking him to the curb.

“I was pretty livid. I called customer service and I wasn’t real pleasant with them,” Rouse said, claiming he was furious when he opened the letter. “Why not do something proactive and maybe put up a tower in the area or something to keep the customers and draw in new customers.”

Mid-Michigan residents already have just a few choices for cell service, and now there is one fewer.

For Jamie Hay, it isn’t all bad news. He will lose his Verizon Wireless account but scored more than $3,600 in free phones and tablets he acquired for his family of six just two weeks before getting the letter.

“I made one payment and now I get to keep everything for free because Verizon is closing my account, voiding my payment plans and reporting all devices as now effectively paid in full,” Hay tells Stop the Cap! “Thanks to every other Verizon Wireless customer for covering my fabulous new phones and iPad!”

WNEM-TV in Michigan reports some customers are furious about being terminated by Verizon Wireless, and the company isn’t saying much. (1:32)

North Dakota

SRT Communications’ coverage map in North Dakota.

At least several hundred customers were notified across North Dakota that their Verizon Wireless service would also be terminated on Oct. 17. For many, once Verizon is no longer an option, cell service is no longer an option. Customers tell Stop the Cap! northern parts of the state are already reeling from North Dakota-based SRT Communications’ decision to exit the wireless business after 20 years. The company said it can no longer compete against larger companies like AT&T and Verizon and lack the resources to continue upgrades.

Customers are being encouraged to switch to Verizon Wireless, and Verizon has bought SRT’s spectrum and promised to improve coverage as part of the deal. But now some customers have been told they will not be able to keep their SRT service or Verizon Wireless much longer.

Montana
“Dropped like a bad habit,” as he put it, Kyle Wasson is among an unknown number of Verizon Wireless customers in Montana losing their Verizon service on Oct. 17.

Wasson, who was nearing a decade as a Verizon Wireless customer, is now no longer wanted, according to the letter he received: “We will no longer offer service for the numbers listed above since your primary place of use is outside the Verizon Wireless network” and “we discovered you are using a significant amount of data while roaming off the Verizon Wireless network.”

Northern Montana

Wasson had switched to Verizon’s unlimited data plan which he suspects might have had something to do with Verizon’s decision. Wasson doesn’t have many options in the town of Loring, 15 miles south of the Canadian border.

Neither does Brandi Horn in Harlem or Sue Hagen of Scobey — also told their Verizon service was being terminated next month.

“There is no better service in rural Montana than Verizon,” Horn said. “It’s going to be hard finding an affordable and high-coverage service now.”

LTE in Rural America (LRA) Program Implicated in Disconnections

Observers suspect the crackdown on rural roaming is primarily affecting customers served by the 21 partners Verizon has enrolled in its (LRA) program.

Under the program, LRA members lease Verizon’s 700MHz Upper C Block spectrum. Partners have access to Verizon’s network vendors and discounts and can sell the same equipment Verizon offers its customers in their stores. But the 21 companies are responsible for financing and building their own networks and can sell service independent of Verizon. In return, Verizon customers can “roam” on those networks as if they were still within Verizon’s home network. Verizon’s partners gain access to resources to build out their own LTE 4G networks and have a certain amount of effectively guaranteed traffic from Verizon customers in their service areas.

Verizon has leased out LTE spectrum covering 225,000 square miles in 169 rural counties in 15 different states. The company said more than 1,000 LTE cell sites have been built and switched on through the program, covering 2.7 million people.

But Verizon does not have the capacity to throttle or deprioritize traffic on third-party networks, meaning customers enrolled in an unlimited data plan can use as much data as they want on partner networks. There is a strong likelihood Verizon has to compensate those providers at premium rates for network traffic generated by their customers.

That means customers are at the highest risk of being disconnected if they are on an unlimited data plan and use their Verizon devices in areas served by these providers — all participants in the LRA program:

Bluegrass Cellular; Cross Telephone; Pioneer Cellular; Cellcom; Thumb Cellular; Strata Networks; S and R Communications; Carolina West; Custer Telephone Cooperative; KPU Telecommunications; Chariton Valley Communication Corporation; Appalachian Wireless; Northwest Missouri Cellular; Chat Mobility; Matanuska Telephone Association; Wireless Partners; Triangle Communications; Nemont; Mid-Rivers Communications and Copper Valley Telecom.