No need to be herded into a Verizon Wireless usage-limited mobile data plan.

New to Verizon Wireless and unhappy being constrained with a usage-capped wireless data plan?  Thanks to a loophole, customers can buy their way into an unlimited access plan Verizon was supposed to discontinue last July.

Some background: Verizon Wireless spent 2011 enticing customers to upgrade to their new 4G LTE phones which use the company’s much faster mobile broadband network.  One of the benefits early adopters received was a free, ongoing trial of Verizon’s mobile hotspot feature, which turns your phone into a Wi-Fi device your other devices (and friends’ phones) can share.  When Verizon elected to discontinue its unlimited data plans in July, the free trial of the mobile hotspot feature went with it.  In its place, Verizon pitched 4G phone owners an unlimited mobile hotspot feature add-on for $30 a month (in addition to the price of your data plan.)

Those who travel often or who want a backup Internet service in case their home or business Internet connection goes down found this a reasonable deal, especially because it carries no data limits or speed throttling, and works on both Verizon’s 3G and 4G networks.

But it turns out this little-known add-on promotion also unlocks the door to an unlimited smartphone data plan Verizon intended to stop selling last summer.

As we explained earlier, just signing up for the unlimited use mobile hotspot plan involved jumping through a few hoops.  But with the help of a feature code, any Verizon representative should be able to look it up and add it to your account.

When they do, something interesting happens.  Verizon cancels any existing usage-limited plan and converts it into an unlimited use plan ($29.99) they stopped selling.  That leaves you with Verizon’s Mobile Hotspot feature for $30 a month and unlimited smartphone data for $29.99 a month.  But here is the exciting part: you can quickly cancel the $30 mobile hotspot feature and will remain grandfathered on Verizon’s unlimited use smartphone data plan.

Slickdeals provides a helpful step-by-step guide, and it sometimes takes a few calls to reach a representative who can manage this successfully:

1. Dial *611 from your Verizon phone, or 1-800-922-0204 from any phone.
2. Wait for computer CSR to go through the main menu. You will need your Verizon phone # and account PIN or last 4 of SSN.
3. Hit option 4.
4. When it asks you what you would like to do today say “Add a feature.” You will be transferred to a live Verizon Customer Service representative.
5. If you have a 3G device (which includes all iPhones): Say you would like to add the $20 2GB 3G Mobile Hotspot FEATURE to your phone. When you add this MHS feature, you will be charged $20/month in addition to the $29.99 unlimited data plan.
   If you have a 4G device: Say you would like to add the $30 Unlimited 4G Mobile Hotspot FEATURE to your phone. According to http://stopthecap.com/2011/07/12/…r-account/ , they may be able to locate this feature via referencing feature code #76153. When you add this MHS feature, you will be charged $30/month in addition to the $29.99 unlimited data plan.
6. After one of the MHS features above are added to your account, you will now have the $29.99 unlimited data plan, which can be verified via the My Verizon app on your device or at http://www.verizonwireless.com/myverizon
7. {OPTIONAL – if you don’t want the Mobile Hotspot feature} Log into My Verizon and remove the Mobile Hotspot FEATURE from your account. It is recommended to wait at least a day to remove the feature. The $29.99 unlimited data plan should remain on your account.
8. If they say they can’t add that feature to your plan, or that you must bundle your data + mobile hotspot service together as a single data plan, tell them thank you, hang up, and repeat the steps above.

Updated 2:45pm EST:  Our regular reader Duffin reports this loophole may be in the process of being closed.  See this article from The Consumerist for further details.

Verizon Wireless has tucked some unpleasant news into their “change of terms” notices buried on the back pages of your monthly bill.

Effective Jan. 12, the wireless carrier will charge a $2 “convenience fee” when paying by phone or through Verizon’s website.  Only customers enrolled in autopay, authorize an electronic check payment, or who still mail a check to the phone company every month will escape the new bill padding fee.

Most likely impacted are customers who make their payment at the last minute or face disconnection over an overdue bill if they don’t authorize a partial payment immediately.  Verizon says the new fee will defray the costs of accepting online and phone payments, but considering an automated attendant usually handles pay-by-phone bill payments, the costs to Verizon are likely far less than the revenue the company stands to earn from the new fee.

Verizon Wireless’ “administrative fee” is also increasing, effective Jan. 1:

Notice Of Administrative Charge Increase
Effective 1/1/2012, the monthly Verizon Wireless Administrative Charge
for voice and email plans will increase from $0.83 to $0.99 per line for all
eligible customers. The charge for Mobile Broadband customers will
remain at $.06. For information regarding this charge, call
1-888-684-1888. Please consult your Customer Agreement for
information about rate changes.

More money in Verizon's pocket

While we used to indicate these changes were enough to allow customers to escape their two-year contracts under the “materially adverse” clause in the company’s subscriber agreement, Verizon considers that loophole effectively closed with the current terms and conditions made effective this past September:

What Charges Are Set by Verizon Wireless?
You agree to pay all access, usage and other charges that you or the user of your wireless device incurred. For Postpay Service, our charges also include Federal Universal Service, Regulatory and Administrative Charges, and we may also include other charges related to our governmental costs. We set these charges; they aren’t taxes, they aren’t required by law, they are not necessarily related to anything the government does, they are kept by us in whole or in part, and the amounts and what they pay for may change.

However, nobody says you have to agree to pay them.  If you call or write Verizon Wireless before 1/1/12 and tell them you do not agree to pay the increased fee and consider it materially adverse and grounds for terminating your service, customer service representatives have been authorized to refund the difference between the old and new administrative fee for the remainder of your two-year contract (or a straight $5 courtesy credit in some instances).

Stop the Cap! recommends using autopay for your monthly Verizon bill, and if you are in the habit of paying your credit card bill in full every month, associate your Verizon account with a credit card that offers a rewards program.  With cell bills routinely running $100 or more, earning something extra from a cashback or airline miles card is better than nothing.  Just make sure you don’t run a balance.  The interest rate charged on most rewards cards is well in excess of the value of the reward.

Tired of the gouging?  You can e-mail Verizon Wireless’ executive customer service team and let them know what you think:

[email protected]
[email protected]
[email protected]
[email protected]

Then tell the FCC, your two senators, and member of Congress.

Ebenezer Scrooge could successfully serve as the CEO of any large telecommunications company these days, and the New York Times knows a Christmas tale of woe when it sees one.  That is why the venerable newspaper printed a Christmas Eve editorial blasting Verizon’s new “non-aggression treaty” with America’s largest cable companies that puts coal in the stocking for any Verizon customer waiting for FiOS fiber-to-the-home service.  The newspaper believes the days of FiOS are numbered:

Verizon — Verizon Wireless’s main shareholder — relieved itself of the need to expand FiOS, its high-speed, fiber optic network, beyond the 18 million homes it set out to reach six years ago, a rollout that cost $23 billion. For the other 114 million homes in the country, it can simply bundle its wireless service with the cable and wireline broadband services of its partners. The agreement between Verizon and the cable carriers includes a joint venture to develop technology to integrate the wireline and wireless platforms.

Verizon’s cable deals squashed hopes that cable carriers’ purchases of wireless spectrum would lead to more competition against the dominant players, AT&T and Verizon Wireless. And it puts in doubt whether FiOS will ever be a serious competitor to cable, reducing the likelihood that video transmitted over broadband could break up cable’s regional oligopolies.

[…] Verizon’s deals suggest a future in which cable carriers will get uncontested control of high-speed broadband into the home while AT&T and Verizon will get uncontested control over wireless. For consumers with expensive wireless plans, pricey bundles of cable channels and costly, slow broadband, this does not look like good news.

Verizon’s economic future lies in the lucrative world of wireless.  Its FiOS network was an expensive gamble to reinvent its antiquated telephone network to drive customers to keep their landlines and spent a hundred dollars more on video entertainment and super fast broadband.  Wall Street hated the price and loathed the potential for costly competition that would force earnings down through aggressive price-cutting.  In some markets, Verizon FiOS has forced Comcast, Cablevision, and Time Warner Cable to be a little more generous with broadband speed and lighten up a little on the annual rate increases.

But convincing cable customers to switch remains a difficult proposition even when Verizon offers the superior service.  Verizon has not achieved the level of penetration it expected in many markets.  In short, people just don’t want to wait around for installers.  Besides, cable companies slash prices for customers threatening to depart.

Verizon’s deal with Time Warner and Comcast delivers Verizon Wireless desirable spectrum.  But the agreement to cross-market and cross-bundle product lines smacks of collusion, and is exactly the kind of turf protection that has kept cable companies from competing head-to-head with each other for more than three decades.  Is it more lucrative for Verizon to build out its FiOS network to compete or simply refer people to Time Warner or Cablevision for cable TV.  So long as cable doesn’t offer a competing wireless product, Verizon seems to think there is little harm done.

But for consumers, the absence of competition brings rate increases, reduced innovation, and declining customer service.

The one thing the telecom marketplace needs less of is the “take it or leave it” attitude that earned the scorn of cable customers everywhere.

FAIL

AT&T announced Monday it has officially dropped its bid for Deutsche Telekom’s T-Mobile USA.

The company blamed regulator opposition for the failure of the merger, underestimating the Obama Administration’s tolerance for super-sized acquisition deals that could reduce competition and raise prices for consumers.

The real challenge for AT&T initially came not from the Federal Communications Commission, but from the U.S. Department of Justice which filed suit against the merger in August. FCC Chairman Julius Genachowski soon followed with statements that suggested the merger would have a difficult time at the Commission as well, and after a scathing report from FCC staffers was made public, Wall Street began to reduce the chances of the merger getting through to the single digits.

Had AT&T successfully merged with fourth-place T-Mobile, it would have easily become the nation’s largest and most powerful wireless provider, advancing beyond current leader Verizon Wireless.

The failure for AT&T will cost the company at least $4 billion in cash and spectrum it earlier agreed to give T-Mobile if the merger failed to complete.  Industry analysts say the real winner this year will easily be Verizon Wireless, which successfully accomplished its own spectrum acquisition by quietly buying unused spectrum from some of the nation’s largest cable companies.  With that spectrum now under Verizon’s control, AT&T has been reduced to signing new roaming agreements with an independent T-Mobile to share their GSM technology networks.  That will do little to alleviate AT&T’s dropped call problem in large cities, analysts say, because most roaming agreements specify sharing network resources only in areas where one carrier does not provide service.

Where U.S. Cell Phone Companies Stand Today

AT&T: AT&T still retains a considerable amount of unused wireless spectrum, but some of it is located on frequency bands that provide a lower quality of service indoors.  AT&T may have a difficult time finding new spectrum, because other carriers have signed partnership deals with most of the companies still holding unused frequencies. One of the largest holders of unused, warehoused spectrum is DISH Networks, and they’ve indicated no interest in selling.  DISH may partner with T-Mobile now that AT&T has exited.  That leaves AT&T with lobbying the government to speed up new spectrum auctions and working internally to expand their cell tower network to divide the traffic load.  It’s an expensive proposition, and several Wall Street analysts are advising their clients to dump AT&T stock.  Kevin Smithen, a Macquarie Capital USA Inc. analyst who downgraded AT&T to “sell” from “hold” last week advised AT&T was running out of options.

Verizon Wireless: Big Red remains in excellent shape to maintain its current market leadership position, particularly as it uses recently-acquired spectrum to bolster its 4G LTE network.  A UBS analyst was more direct: It will have 56 percent more 4G spectrum than AT&T in the top 10 markets and 46 percent more in the top 100, giving it a “meaningful competitive advantage.” Verizon has also cut a deal with cable operators that could reduce competitive pressure on Verizon’s landline/FiOS network from cable companies.  That fringe benefit comes courtesy of an agreement to market each others’ products to consumers.

Sprint: In addition to building its own 4G network, the company still has an agreement with Clearwire that allows Sprint to purchase the former company’s spectrum if it ever becomes available for sale.  With T-Mobile still obviously up for sale, Sprint could attempt its own merger, although it may be wary of stirring the same regulatory pot that got AT&T into trouble.  That leaves T-Mobile’s next buyer likely to be a regional cell phone company, a foreign firm entering the U.S. market, or an existing telecommunications company that decides a wireless division would be of benefit.

Extended Video Coverage

News of AT&T/T-Mobile Merger Failure Breaks

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/AP T-Mobile Merger Dead 12-19-11.mp4[/flv]

This report from the Associated Press informs consumers of the basics — the merger is no-go, leaving AT&T and T-Mobile as competitors, at least for now.  (1 minute)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/Bloomberg ATT Pulls T-Mobile Bid After Regulator Opposition 12-19-11.mp4[/flv]

AT&T Inc. abandoned a $39 billion takeover bid for T-Mobile USA after underestimating opposition from regulators, thwarting its ambitions to become the biggest U.S. wireless carrier. AT&T will take a pretax charge of $4 billion to reflect cash payments and other considerations due to T-Mobile-owner Deutsche Telekom AG, the Dallas-based company said in a statement today. Peter Cook, Lisa Murphy, Adam Johnson and Sheila Dharmarajan report on Bloomberg Television’s “Street Smart.” (7 minutes)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/Bloomberg Blair Says ATT’s T-Mobile Bid Was All About Spectrum 12-19-11.mp4[/flv]

Brian Blair, an analyst at Wedge Partners Corp., talks about AT&T Inc.’s decision to abandon a $39 billion takeover bid for T-Mobile USA and Apple Inc.’s victory in a final patent-infringement ruling that bans some HTC Corp. smartphones from the U.S. Blair speaks with Emily Chang on Bloomberg Television’s “Bloomberg West.”  (11 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Baird on ATT T-Mobile Failure 12-20-11.mp4[/flv]

Apologists for AT&T on CNBC wring their hands over how wireless networks will get built out into rural areas now that the T-Mobile deal is dead. Will Power, R.W. Baird & Co, weighs in with a host who clearly cheerleads AT&T’s world-view.  (5 minutes)

[flv]http://www.phillipdampier.com/video/CNBC ATT Drops Bid for T-Mobile 12-20-11.mp4[/flv]

AT&T drops its $39 billion bid for T-Mobile USA, with Todd Rethemeier, Hudson Square Research.  AT&T’s talking points don’t fly with Rethemeier.  (4 minutes)

T-Mobile’s CEO Speaks About the Merger Failure

[flv]http://www.phillipdampier.com/video/CNBC Deutsche Telekom CEO on Failed T-Mobile Merger 12-20-11.mp4[/flv]

Rene Obermann, Deutsche Telekom CEO, explains why the merger between AT&T and T-Mobile USA should have gone through. “This transaction would have solved a number of industry issues,” he says.  Obermann is in friendly territory on CNBC.  (8 minutes)

The Impact on Sprint

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/Bloomberg Horan Sees T-Mobile Eventually Merging With Sprint 12-19-11.mp4[/flv]

Tim Horan, an analyst with Oppenheimer & Co., talks about AT&T Inc.’s decision to abandon a $39 billion takeover bid for T-Mobile USA, thwarting its ambitions to become the biggest U.S. wireless carrier. Horan speaks with Adam Johnson and Lisa Murphy on Bloomberg Television’s “Street Smart.” (3 minutes)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Gamcos Haverty Says Sprint an Endangered Species 12-19-11.flv[/flv]

Larry Haverty, portfolio manager at Gamco Investors Inc., talks about AT&T Inc.’s decision to abandon a $39 billion takeover bid for T-Mobile USA, and the outlook for Sprint Nextel Corp. and the wireless industry. Haverty speaks with Cory Johnson on Bloomberg Television’s “Bloomberg West.” (6 minutes)

 Will DISH Network Be AT&T’s Next Acquisition Target?

[flv]http://www.phillipdampier.com/video/CNBC Trading on ATT’s Failed T-Mobile Bid 12-20-11.mp4[/flv]

Shares of Dish Network up 9% in the aftermath of AT&T’s failed bid to acquire T-Mobile. Michael McCormack, Nomura telecom analyst, weighs in on whether Dish is the next target for AT&T.  (2 minutes)

Verizon Wireless 4G LTE customers experienced problems for the second Wednesday in three weeks, as another network outage plagued the “most reliable wireless network in the U.S.”

Verizon officials admitted the outage was a problem early this morning, mostly for 4G customers.  But many LTE phone owners found that switching their 4G phones to 3G service didn’t fix a thing, leaving them once again without any data service.

“When my 4G beacon switched off, the 3G beacon only stayed on a second before it was gone as well,” shares Stop the Cap! reader Roger, who lives in Denver.  “Even when I turned 4G off, 3G just would not stay enabled.”

This problem was remarkably similar to a lengthy day-and-a-half outage that brought down many of Verizon’s 4G customers on Dec. 6 and 7.

“Verizon Wireless 4G LTE service is returning to normal this morning after company engineers worked to resolve an issue with the 4G network during the early morning hours today,” the company said in a statement. “Throughout this time, 4G LTE customers were able to make voice calls and send and receive text messages. The 3G data network operated normally.”

That may be true for 3G-only customers.

Verizon’s second major national outage is starting to test the patience of some of its customers who bought service from the company based on its reliability track record.

“This is a second huge FAIL for Verizon in just a few weeks, and I’m growing annoyed,” Roger says. “I could live with a downgrade to 3G for a few hours, but Verizon 4G phones seem to have a problem stepping down to the slower network when there is a problem with their 4G LTE network.  This means 3G-only phone owners have service as usual, while the rest of us do not.”

Verizon’s 4G network is fast becoming among the world’s largest, and its penchant for service problems during the overnight hours likely means a software upgrade or patch is responsible.  As the update propagates across Verizon’s network, service problems begin to spread from region to region.

As LTE technology improves, Verizon customers are effectively beta-testers and suffer the consequences when a bad piece of software has unintended consequences.

Service credits are available on request from Verizon Wireless customer service.