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

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

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

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

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

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

Verizon has until Nov. 14 to file an appeal.

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

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

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

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

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

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

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

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

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

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

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

Verizon would seem to confirm as much.

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

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

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

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

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

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

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

AT&T and Verizon are among the biggest tech company spenders in Washington, paying millions every quarter to lobby federal and state lawmakers on how they can make life easier for the telecom giants.

AT&T increased their lobbying budget by a whopping 23 percent in the third quarter, easily beating year over year spending of $3.5 million in the third quarter of 2012. In just three months this year, AT&T spent $4.3 million lobbying lawmakers on regulatory relief, retiring the rural landline network, reform of cell tower placement policies, and trying to keep the FCC from gaining new oversight powers.

Verizon Communications had lobbying costs of $3.09 million last year at this time. This year, it reduced that amount by two percent, spending $3.04 million. But Verizon Wireless upped its political spending by 19 percent, from $1.1 to $1.2 million. Taken together, Verizon spent a collective $4.24 million on lobbying in the last three months. Verizon lobbied on some of the same issues AT&T did.

In contrast Google spent $3.4 million, Facebook spent $1.4 million, and Microsoft spent $2.2 million.

“Once again the lobbying disclosures demonstrate the sad truth about the state of our democracy,” said John M. Simpson, Consumer Watchdog’s Privacy Project director. “When the government is open for business, policymaking is all about who has the cash and is willing throw it around.”

USA Today reported Verizon has also once again achieved a 0% effective tax rate during the past 12 months, which means any owed taxes will be offset by a variety of accounting tricks:

A big reason that Verizon’s effective tax rate is so low, coming in at a negative 4.8%, is largely due to accounting. The company’s sped-up depreciation, severance and pension costs are large credits that contribute to pushing the company’s taxes down, says Jonathan Schildkraut of Evercore. But there’s also a distortion caused by the company’s 55% interest in Verizon Wireless. Vodafone, which owns 45% of Verizon Wireless, pays taxes on its share, but the entire profit is reported on income. Adjusting for this, Verizon’s effective tax rate is closer to 30%, the company says. Verizon is buying Vodafone’s stake, which will eliminate the issue in the future. Similarly, real estate investment trusts have low effective tax rates because they pass profit to shareholders, who then pay the taxes.

The question for investors is whether or not companies paying low effective tax rates might, eventually, attract the attention to regulators. “They are slow at getting at these issues,” Yee says.

Are you still waiting for that $100 gift card Comcast promised to customers who signed up or upgraded service with their marketing partner Verizon Wireless? If you’re feeling uneasy about the situation, consider how to ask for forgiveness from a friend, acknowledging any misunderstanding and expressing your sincere regret for any inconvenience caused.

You are not alone. Multiple complaints about missing gift cards point to a rebate form promising a gift card six to eight weeks after submission, but the rebate processor has extended that time repeatedly — first to 8-10 weeks, then 10-12 weeks, and now 16-17 weeks… and counting.

If you forgot about the rebate, you may never receive it without contacting Comcast to follow-up. Others found their rebate request rejected by the rebate processor for a variety of reasons.

Customers should have made a copy of their rebate submission to keep for their records. If your rebate still has not arrived, call Comcast at 1-866-347-2229 to escalate the matter and speed up the arrival of your missing gift card.

Although high dollar rebates for cell phones are not uncommon, a large percentage of customers eligible for the rebate never follow through with a properly completed, timely rebate submission.

In many cases, a rejection notice can be overcome by contacting the cable company’s customer service department directly. Many cable companies will credit your account for the amount of the missing rebate.

Verizon Voice Link

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But Mantoloking resident Christine Wilder still isn’t happy.

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

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

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

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

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

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

A joint venture between Verizon, Comcast, and Time Warner Cable to explore the development of innovative new services delivered across cable and wireless networks has been terminated, according to Fran Shammo, Verizon’s chief financial officer.

Speaking on a quarterly results conference call, Shammo acknowledged the companies still have a cross-marketing agreement selling Verizon Wireless service to Comcast and Time Warner Cable subscribers and pitching cable service inside Verizon Wireless stores. A Verizon spokesperson admitted the parties abandoned the effort to co-develop new products and services at the end of August.

Shammo pointed to Verizon’s recent buyout of Vodafone’s share in Verizon Wireless as one of the market changes that led to dissolving the partnership with the two cable companies. Shammo indicated bringing Verizon Wireless under the full control of Verizon Communications allows the company to develop, market, and distribute its own products and services across both Verizon Wireless and fiber optic FiOS platforms.

Had the joint venture continued, Verizon’s FiOS network might have suffered a competitive disadvantage, being unable to capitalize on the exclusivity of new services developed by Verizon to better compete against the two cable companies that share many Verizon service areas.

Verizon FiOS has already garnered a 39% market share with room to grow in major cities like New York City, Philadelphia, and Washington where Verizon has not yet completed its fiber optic buildout.