Wildfires can result when overloaded utility poles topple in California's Santa Ana winds.

The California Public Utilities Commission’s Consumer Protection and Safety Division is recommending $99 million in fines against the local power utility and several phone companies for overloading power poles with cables which toppled and started a major wildfire in Malibu Canyon in 2007.

Even worse, the PUC alleges, the power company lied to investigators and destroyed evidence to cover up the cause of the blaze, which burned more than a dozen structures to the ground and destroyed dozens of vehicles.

Named in addition to Southern California Edison are phone companies: Verizon Wireless, AT&T, Sprint, and NextC Networks of California. All are being blamed for loading up phone poles with excessive wiring for both traditional utility service and backhaul wired connections to serve area cell towers. The bulk of the proposed fine is likely to be lodged against Edison because of the evidence tampering allegations, but phone companies are also deemed liable.

At issue are the annual bouts of Santa Ana winds which can create gusts up to 80mph or higher. Most utility poles were designed to support a load of a few power cables, landline phone service, and cable television lines. But in many parts of canyon country, wireless phone companies rely heavily on utility poles to connect to their network of cell towers which are strategically located on ridges and mountains to serve populated valley regions below. While some cell phone companies now rely on fiber connections, many also still utilize a series of copper wire circuits to provide sufficient wireless capacity. In some cases, companies may hang several cables to meet bandwidth needs. The more cables, the more susceptible poles become to wind loads, which can literally snap poles in half or force them out of the ground in high wind gusts.

When electric lines topple, they can start fires that quickly grow out of control in remote areas.

Downed power lines are blamed for a number of wildfires in California, including the 2008 Sesnon fire in the San Fernando Valley. Fire investigators and local officials have pressured utility companies to mitigate the hazards from downed power lines by keeping excess cables and equipment off the poles.

Hans Laetz, a Malibu resident who has lived with what he calls “spindly-looking utility poles” for more than a decade was not surprised when life-threatening wildfires were blamed on downed lines.

“My family and my neighbors in Malibu are being placed at risk,” Laetz told the Los Angeles Times. “I drove under those poles on Malibu Canyon Road for 10 years, and I thought one of these days, one of those poles was going to fall. You could tell this was a disaster waiting to happen…. And then it happened.”

Edison denied the allegations it mislead investigators and called the proposed fine “excessive.”

Verizon has inserted a change in their privacy policy to allow the company to share the exact addresses of their customers with advertisers to target location-specific ads on websites browsed while using Verizon as your Internet Service Provider.  The new policy also applies to Verizon Wireless customers.

“…Verizon will soon participate in a program that will improve the ability of advertisers to reach our Verizon Online customers based on your physical address. The goal is to provide online ads that may be more relevant to you.

This program uses your address to determine whether you reside in a local area an advertiser is trying to reach.

This advertising program uses your physical address to help advertisers deliver ads to websites you visit while using Verizon Online. This program allows national brands and local businesses to tailor offers, coupons and incentives to your local area. Because the ads can be geographically directed, they may be more relevant to you.”

They know what you are doing online and where you live, and now they want to share.

In fact, they are even more relevant to Verizon’s bottom line, because the company can extract higher advertising charges for this level of targeting.  For example, eateries could purchase advertising directed only to specific homes they feel are most likely to patronize their establishments.  If a local department store wants to target only homes on streets statistically likely to deliver higher-income, big spending customers, Verizon could provide that service as well.  If advertisers want to reach seedy neighborhoods to pitch home security systems, Verizon can identify their customers in sketchy areas and direct ads accordingly.

Verizon also informs customers they are preparing to start tracking all of your visits to various websites, and they will sell that information to their advertisers as well.

If you are not interested in letting Verizon follow you wherever you go and allow them to share your home address with advertisers of all kinds, you can opt out:

Verizon broadband Internet access customers may opt-out of the geographically-based advertising program described above by following the instructions here. Verizon Wireless Internet customers may opt-out of the relevant mobile advertising program by following the instructions here or by calling us at 1-866-211-0874. If you opt out online, you will need your account user ID and password. Also, please note that you will receive ads whether you participate in these programs or not, but under these programs, ads may be more relevant to you.

Thanks to regular Stop the Cap! reader Corrine and Bill Pytlovany for alerting us.

A Verizon Wireless 4G/LTE customer that managed to consume nearly 56GB of data over a two-week period has found he has temporarily lost his 4G privileges during peak usage times on Verizon’s network.

Droid Life reports Verizon’s speed throttle apparently also works on the company’s much-faster 4G network, because the customer found his 4G speeds reduced to dial-up during peak usage periods.  The throttle reduces speeds so much, even browsing web pages becomes a painful experience.  Remarkably, the customer tells Droid Life he still has regular speed access to Verizon’s more congested 3G network, which he now uses when his 4G speeds are reduced.

Verizon Wireless specifically exempts 4G customers from wholesale enforcement of their speed throttle, but the company’s standard Acceptable Use Policy still gives Verizon broad latitude to deal with customers who create an “adverse impact” on their network:

Network disruptions and unfriendly activity: Using the Services for any activity that adversely affects the ability of other people or systems to use either Verizon Wireless Services or other parties’ Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

Such policies are commonplace at every Internet Service Provider, but they are typically enforced only in instances where a neighborhood or region is experiencing especially heavy traffic loads.  That seems to be the case with Droid Life‘s reader, because other customers report they have managed to rack up nearly 120GB in 4G usage over 10 days with no speed reductions.  Verizon reportedly told the throttled customer his speeds were reduced because his ‘excessive downloading’ was an “abuse of the network.”

To run up tens of gigabytes of usage over two weeks usually means the customer is using a tethering application or mobile hotspot app, services for which Verizon charges extra.  We don’t know if this customer is paying for those services or using one of the third-party apps Verizon frowns on.

The selective enforcement of speed throttles may be the result of an overeager Verizon employee subjectively cracking down.  It might also result from the subscriber using services on an especially congested cell site.  We cannot be certain, and Verizon isn’t commenting on the record.  The company officially claims it is standing by the terms of its original plans to throttle the top 5% of 3G users.

With the ongoing crackdowns on what providers deem to be “excessive usage,” it is safe to assume those attempting to use any wireless broadband plan as a home or office broadband replacement is risking the wrath of their providers who consider anything beyond 2-4GB of usage per month on an “unlimited data plan” to be “too much.”

Apple is set to announce a new iPhone or two early this afternoon, but some in the tech media notice the frenetic excitement of the newest Apple sensation has been tempered, in part because many of the new software and cloud storage features will run into usage caps for some, speed throttles for everyone else.

The imminent arrival of anticipated models iPhone 4S, expected to sell at AT&T and Verizon and iPhone 5, which is rumored to be sold exclusively by Sprint during a short sales window, remains a big deal for all three carriers.  Verizon is reportedly allowing its call center employees to take unlimited overtime in preparation for the anticipated rush of questions and orders.  Sprint, which has 33 million customers on two-year contracts, has made a commitment to sell at least 30.5 million Apple iPhones over four years, if reports by the Wall Street Journal turn out to be accurate.  That’s a lot of phones.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/Sprint Getting iPhone 10-3-11.flv[/flv]

9 to 5 Mac shows off a mock image of what the newest iPhone 5 will probably look like. Pay close attention to the rounded edges and bezel.

Reports from the Wall Street Journal, WDAF-TV in Sprint’s home base of Kansas City, and Bloomberg News discuss the implications of Sprint’s deal with Apple.  (11 minutes)

That’s also an enormous gamble for Sprint, which is guaranteed no real profits from the venture until the year 2014.  If the company does win temporary exclusivity of an iPhone model that includes support for Sprint’s 4G network, WiMax, it will also bring the company an enormous number of new customers.

Among the most important new features of the phone is iOS 5, the latest version of Apple’s mobile operating system.  It comes loaded with new ways to burn through the stingy usage caps AT&T and Verizon Wireless are now providing their customers:

1. Over the air upgrades/activations: Apple’s notoriously huge software updates can be delivered to your wireless device without syncing it on a personal computer.  That means downloading software updates that can easily exceed the 200MB “light usage” plans some carriers sell budget-conscious customers;
2. Notification Center: Puts messages from e-mail, texts, and apps in a more convenient place to access and respond, increasing usage;
3. NewsStand: Leverages newspaper and magazine content in a single app, downloading content pushed to your phone, increasing usage;
4. Safari Sync: The Safari web browser will now sync with other instances of the browser on other devices to keep your reading list updated;
5. iMessage: Send texts, photos, and bandwidth-hogging video to friends and family, potentially driving up usage considerably;

But nothing is expected to spike wireless data usage like Apple’s new iCloud and iTunes Match, both of which manage and sync multimedia content and app purchases between devices “over the cloud.”  Unfortunately, repeated journeys of this type will burn through your usage allowance, and those with significant-sized libraries of photos, music, or videos are at serious risk of blasting past their usage cap.  Even customers who use more than 4-5GB on “unlimited data plans” sold by AT&T and Verizon will face the scourge of the speed throttle, which will reduce your zippy new phone to speeds that resemble dial-up.

AT&T and Verizon Apple iPhone customers are at the highest risk of facing the speed throttle, because Apple is not expected to support either company’s 4G data network.  Verizon only exempts 4G customers from the speed throttle when they use the 4G network.

The one company well-positioned to capitalize on these realities happens to be Sprint, which is keeping its truly unlimited data plan.  If Apple comes through with 4G support for Sprint, customers could not only say goodbye to AT&T and Verizon’s slower 3G speeds, they would also be able to rest easy knowing they won’t experience bill shock or a month in the dial-up speed penalty corner if deemed to be using “too much” service.

Customers of the two biggest carriers need to get familiar with switching to Wi-Fi as often as possible, and avoid using data-intensive features on usage-limited plans.  For Verizon and AT&T, it’s the best of all worlds — another two year contract for a usage-limited data plan that guarantees increased revenue and reduced costs.  For you, it’s an improved phone you can never use to its full potential.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/Little Buzz Over New iPhone 10-4-11.flv[/flv]

The Wall Street Journal reports there isn’t as much buzz over this year’s newest iPhone.  Bloomberg talks about the software changes in the new phone, and WWLP-TV in Springfield notes Verizon’s unions are calling on Americans to boycott the new phone until Verizon workers get a fair contract.  (8 minutes)

Update 2:00pm ET:  The Wall Street Journal reports the Sprint iPhone will not support their 4G network: According to people familiar with the company’s plans, the hotly anticipated device won’t operate on long-term evolution or WiMAX fourth-generation networks. Those wireless networks promise speedier downloading to mobile devices of episodes of television programs, as well as cute baby photos. The people said the device will work on 3G networks, which are broadly in use today and are the standard for the current iPhone 4. AT&T says its HSPA+ network has 4G-like speeds.

Update 4:00pm ET: The announcement event finally concludes with news the iPhone 5 is vaporware for now.  Sprint will end up with the same Apple 4S phone AT&T and Verizon will sell on their respective networks. The San Jose Mercury News was not thrilled with the event:

At a rollout that lacked some of the thrills and surprises of past product releases — and disappointed some in attendance who expected a completely made-over iPhone 5 — Siri stood out as the sexiest new feature on an iPhone that, contrary to speculation, isn’t any thinner or different looking on the outside than its predecessor, the iPhone 4.

“This phone is better than the iPhone 4 in many ways, even though it looks the same,” said Avi Greengart, an analyst with Current Analysis on hand for the unveiling before several hundred reporters, bloggers, analysts and other guests. “Sales will be wildly successful, but Apple fanboys’ expectations probably were not met today.”

The new phone, which will be available Oct. 15 after pre-orders begin Oct. 7, will cost $199 for a 16-gigabyte version, $299 for 32GB and $399 for 64 GB. It had been center-stage in the tech blogosphere for months, as pundits weighed in with what they saw as the most obvious bells and whistles Apple would unleash on their growing fan base. Tuesday, some were surprised by how wrong that had been.

The phone that everyone thought would be thinner than the iPhone 4, pretty much resembled its older sibling. But as analysts had suspected, the new phone is much faster, thanks for the new A5 chip inside it, and it has plenty of consumer-pleasing attributes, most of them inside the case.

A ZCom owned Verizon Wireless store in New Jersey

Verizon Wireless executives forced independent authorized resellers of the company’s prepaid wireless service to buy cheap phones and activate them with their own money, fraudulently boosting the number of so-called “new activations” Verizon reports to its stockholders.

That is the chief allegation in a new lawsuit filed not against Verizon Wireless itself, but its largest franchisee, ZCom.

The NY Post reports Verizon Wireless executives who managed independent New York Verizon retailers masterminded the alleged scam by suggesting Verizon Wireless’ biggest franchisee, ZCom, “fraudulently increase the number of Verizon Wireless new account activations through the fabrication of fraudulent prepaid accounts,” the suit charges.

ZCom, which sub-leases authorized retail locations for Verizon products, was the defendant in the suit because ZCom can make or break independent store owners who sub-lease, staff, and manage the retail stores.

Plaintiff Shelly Bhumitra, who sub-leased several Suffolk County stores from ZCom, told The Post he was pressured to fraudulently activate pre-paid phones when a Verizon Wireless executive came to his store with ZCom’s owner, Iminder “Vikas” Dhall.

“They suggested that with our own money we should buy inexpensive phones [not smartphones],” and then load them with $30 of prepaid minutes, he said in an interview.

Bhumitra said he was then told to “give them away as bonus phones” to customers so that when used they would count as new activations.

The store owner said he was also instructed to load prepaid minutes onto phones that customers were throwing away and activate them with fictitious names. He was told to keep them in a drawer and make calls on them once or twice a month, echoing charges in the suit.

A store owner would ultimately earn $55 from each activation — enough to more than make up for the $30 outlay.

The three Verizon Wireless executives outed for allegedly taking part in the scheme have all recently resigned, according to the lawsuit.

Verizon itself is taking several measures to distance itself from the case.  Not being named as a defendant has allowed the company to avoid commenting, claiming it would be “inappropriate.”  The company also canceled its contract with ZCom, which generates $150 million in revenue for Big Red every year and holds the “master lease” to 130 Verizon Wireless stores, which are all over downstate New York.  For now, those store locations will remain open.

ZCom’s lawyer denied the allegations in the lawsuit.

Quarterly financial reports can make all the difference for shareholders who can make or break a stock based on financial results.  Verizon Wireless has had an increasingly challenging time managing to grow its prepaid division, which industry observers say used to charge more than its competitors for no-contract plans.  By inflating the number of new activations in company results, shareholder value is artificially protected.  Store owners can be convinced to play along because of lucrative new customer signing commissions, and to meet required sales targets.  Poorly performing store manager/owners can find their leases terminated and, in a worst-case scenario, the store location itself can be closed.

Bhumitra claims he was intimidated into going along with the alleged scam.

Verizon Wireless has tried to compete more aggressively in the prepaid category in 2011, with some success.  After creating new monthly packages bundling voice minutes with data and texting at lower pricing, the company added 879,000 new prepaid customers in the first quarter, and 1.3 million in the second, the Post reports.