Economically-challenged western New York will take any new high-tech jobs it can find, which is why local politicians threw parties when Verizon announced interest in building a multi-billion dollar data center on the shores of Lake Ontario, in the Niagara County community of Somerset.

Covered last fall by Stop the Cap!, the project would have created up to 200 high-paying jobs, representing a feather in the cap for economic development efforts upstate cities have been engaged in even before the Great Recession.

Verizon’s Wish List

Just a few things seemed to be standing in the way, according to Verizon’s lobbyists.  Among them, an unfavorable piece of legislation that was pending in 2010, introduced by Assemblyman Richard Brodsky (D-Westchester) and Senator Brian X. Foley (D-Blue Point).  New York Assembly Bill 2208/Senate Bill 7263 came in response to watching Verizon selling off pieces of its landline network to Frontier Communications, and both Albany politicians did not want to see a repeat of that in New York State, unless Verizon shared the wealth with ratepayers in the form of credits on their monthly phone bills (or expanded broadband rollout in rural areas of the state).

That bill languished and eventually failed to be adopted by the legislature, so Verizon ultimately had few worries from Albany.  But Verizon’s wish list grew longer even as the fall days grew shorter.

The proposed site for Verizon's data center in Somerset, N.Y., which will now continue to offer a clear view to Lake Ontario. (Courtesy: WIVB-TV Buffalo)

The company sought a 20-year payment-in-lieu-of-taxes, or PILOT agreement, getting Verizon off the hook for high New York State taxes — particularly western New York’s property taxes, recognized as the highest in the nation.  The company would also be able to obtain cheap hydropower, an important proposition in an area charged some of the highest electricity rates in the country.  Verizon even sought a sales tax exemption on building materials and technology to be used inside the new data center.  That’s nothing to sneeze at either, considering Niagara County’s 8% sales tax rate.

In all, Verizon would have saved at least $330 million if their wish list of taxes waivers and benefits was approved.

With the help of state senator George Maziarz (R-Newfane), Verizon seemed well on its way to winning those concessions from the state.

And Then Came The Neighbor Across the Street, Ms. Mary Ann Rizzo

As the state worked to fulfill Verizon’s checklist, all seemed on track to break ground until one Somerset resident in her 70s, Ms. Mary Ann Rizzo, began asking some hard questions.

Rizzo owns 116 acres of land across the street.  She wondered what kind of impact a multi-billion dollar project like this would have on her and other neighbors, and wanted the state to complete due diligence on an environmental impact review that somehow magically got cut short within five weeks of the application being filed.

She hired attorney Art Giacalone to make sure New York State was following its own procedures in approving the largest project ever proposed for Niagara County in more than a half century.  Giacalone found a lightning-fast approval by Somerset town officials and one of the fastest reviews by state officials he’d ever seen.

Rizzo filed suit, but it was dismissed by a judge back in January.  Rizzo’s attorney filed a notice of appeal, and Verizon’s attorneys asked the court to speed up the process, something the Rochester judge hearing the case refused.

Within days of that, Verizon announced it was pulling the plug on the data center in Somerset, and Maziarz promptly laid blame at the feet of Ms. Rizzo.

Maziarz - 'It's all that woman's fault.'

The Misdirected Blame Game

“It just shows you how one person who owns property across the street, doesn’t even live on the property, but just owns property across the street has killed this up to $5 billion project,” Maziarz said.  “She is totally responsible for [Verizon’s] decision.”

That set local talk radio afire as local residents vilified Rizzo, as did some in the Buffalo and Niagara Falls press.

Verizon said it was considering taking its data center to Wyoming instead.

While Rizzo was in court and Maziarz was spending time cutting red tape for Verizon, the company acquired Teremark, a very large provider of data hosting services and cloud storage.  So large and important that Verizon touted the acquisition as providing at least $500 million in “synergies,” allowing cost-cutting and Verizon to transfer some of its data center needs to Teremark facilities, which is exactly what happened.

Nope, it's not being built in Laramie, Wyo. either.

In fact, while Verizon was complaining about New York’s foot-dragging, company officials were planning to close several of Verizon’s existing data centers, making the need to break ground for a new one on the shores of Lake Ontario unnecessary.

Wyoming officials rolled out a similar red carpet for Verizon, with Gov. Matt Mead budgeting $14 million towards a data center incentive package.  That’s a considerable sum for a state with only a half-million residents.

This week, we learned Wyoming was the second state to be left behind by Verizon, who abandoned plans for the data center proposed near Laramie.

“As a result of the acquisition, we do not have plans at this time to build a data center in Wyoming,” Verizon spokeswoman Lynn Staggs told the Laramie Boomerang. “The Terremark acquisition, announced earlier this year, provides Verizon with the chance to accelerate its data center and cloud strategy.”

In other words, Verizon bought its own solution.

Even if New York delivered on all of the legislative and tax abatement changes Verizon wanted, and Ms. Rizzo never existed, Verizon would still not be spending time on the beach at Somerset or wandering the wide open spaces of Laramie.  But they might have walked away with some nice deregulatory parting gifts without having to show a thing for it — gifts that the state of Wyoming already budgeted for companies like Verizon, all for a data center they won’t build.

A tip for rational living: Before handing everything a large telecommunications company wants on a silver platter, get the commitment in writing and be prepared to rescind those offers if the company pulls out.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Buffalo Media React to Verizon Data Center Project Canceled 3-2011.flv[/flv]

Watch as Buffalo’s TV newscasts opened the floodgates for a wholesale blame game over a failed multi-billion dollar project Verizon was unlikely to ever build after acquiring Teremark.  (WGRZ/WIVB/WKBW)  (15 minutes)

[flv width=”490″ height=”380″]http://www.phillipdampier.com/video/RT ATT Buys Support from Non-Profits 6-10-11.flv[/flv]

It’s a bad day for American television journalism when Russian State Television manages to tell viewers the facts about the merger of AT&T and T-Mobile that American networks ignore.  Russia Today is Moscow’s external television service, and delivers English language news to a global audience.  Public Knowledge’s Art Brodsky gets to tell RT viewers the real facts about dollar-a-holler groups advocating for AT&T,  a story American networks might not want to share with AT&T ad dollars at risk!  (7 minutes)

At the end of business Wednesday, Verizon Wireless will end its unlimited data plans for new customers.  If you are an existing customer, you will be able to retain unlimited data for your smartphone indefinitely, but those considering an upgrade to 4G may want to consider doing so immediately, if you want to have an unlimited 4G tethering plan for your 4G-capable phone.

Verizon Wireless data pricing effective 7/7/2011

New Verizon Wireless Customers: You must buy and activate a 3G/4G-capable phone on Verizon’s network no later than 11:59pm Wednesday evening to qualify for the $29.99 unlimited data plan.  At this point, this means buying a phone from Verizon Wireless’ website or visiting a local store.  If you want the best possible price, we recommend calling Verizon Wireless and negotiating with them directly.  Verizon is often able to match prices from online retailers like Wirefly or Amazon, usually by throwing in service credits for your first month’s invoice.  New 4G customers can score an unlimited tethering add-on plan from Verizon for an additional $30 a month.  That means $29.99 for the data plan plus $30 for the tethering option, but if comes without any usage limits.  After July 6, all those new to tethering will only find one option: $20 for up to 2GB of tethering access.

Existing Verizon Wireless Customers: You will keep your current unlimited smartphone data plan indefinitely, perhaps even after upgrading your phone.  However, if you were interested in tethering on Verizon’s 4G network, consider upgrading to a 4G phone before Thursday to qualify for the $30 unlimited tethering plan, good only for 4G users with an existing tethering relationship with Verizon.  You must select the 4G tethering option before Thursday to qualify.  Call Verizon Wireless at 611 from your handset and make sure they take care of this for you to avoid complications.  An automatic update will be pushed to the Thunderbolt, Charge, and Revolution on July 7 to cut off the Hotspot free ride those customers had been enjoying up until now.  You will have to buy the service if you want to continue using it.  All 3G phones (iPhone, Droid X, etc.) will not see any pricing changes for 3G tethering – it is still $20 a month for up to 2GB of usage, no unlimited options for you.

Other pricing details:

• Verizon customers opting for the $30 for 2GB plan will lose company discounts on their data plan.  You must select a higher-cost data plan if you want to keep any employer discount;
• Verizon is now specifically prohibiting tethering any of their phones without a Verizon add-on tethering option.  This means third-party tethering apps you may have used before now violate your contract with them.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WCPO Cincinnati Verizon ending unlimited data plans 6-24-11.mp4[/flv]

WCPO-TV in Cincinnati covers the imminent funeral for Verizon’s unlimited data plans.  Verizon customers are not happy with the loss.  (2 minutes)

The Competition Bureau has fined Bell Canada $10 million for what it calls the phone company’s misleading pricing for its wireless, broadband, phone, and satellite TV services.  The agency accused Bell of advertising one price for service, but charged customers considerably more after hidden fees were tacked on.  That made it impossible for any customer to actually purchase Bell’s services at their advertised prices.

The fine, the maximum amount that can be levied, was designed to send a message, according to Commissioner Melanie Aitken.

“When a price is offered to consumers, it must be accurate,” Aitken said. “Including a fine-print disclaimer is no license to advertise prices that are not available.”

Since December 2007, Bell routinely advertised product bundles that it claimed were priced at less than $70 a month, but after the hidden fees were calculated, Canadian consumers routinely paid north of $80.

Aitken

Aitken took issue with rental fees for equipment, term contract escape penalties, mandatory “add-ons” that were not included in the advertised price, and hidden “junk fees” designed to look like government-mandated taxes.  They all routinely add at least $10 to most telecommunications bills, even before actual government fees are calculated.

Bell protested the Bureau’s findings, but quickly agreed to pay the fine, modify its advertising, and cover the $100,000 estimated cost of the agency’s investigation.

The Competition Bureau has become a thorn in the side of many major corporate entities in Canada after winning new powers in 2009 to protect consumer interests.  The agency is currently pursuing a $10 million fine against Rogers Communications for “hit piece” advertising misleading consumers about Rogers’ wireless rivals — especially Wind Mobile.

But Rogers is not going quietly as Bell has done, vowing to drag the matter through the courts to void any fines or penalties.

Aitken promises she isn’t necessarily done with telecommunications companies, suggesting any company burying extra costs in the fine print, or subjecting customers to penalty fees for canceling service might be on notice.

Telecommunications companies in Canada have traditionally opposed government agencies that champion consumer protections.  Most notably, Bell, Rogers, and Quebecor Media have all attacked the Commissioner for Complaints for Telecommunications Services, an independent agency that monitors and assists consumers with issues related to phone and cable companies.  Bell wanted the organization abolished, while Rogers and Quebecor sought to see participation in it made voluntary.

Unfortunately, consumers won’t share in the $10 million fine from Bell.  Those funds will be collected and kept by the Canadian government.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/CBC Bell fined 10M over ads 6-28-11.flv[/flv]

CBC covers Bell’s $10 million dollar fine for advertising one price for service, but sending a much higher bill with tacked on hidden fees and surcharges.  (2 minutes)

Nearly every week, phone companies like Frontier Communications are confronted with service outages that turn out to be more than just an errant gunshot that disrupted 911 service for hundreds of residents in Moses Lake, Washington.  When repair crews arrive to find no cabling to repair, they realize it’s yet another case of copper theft — a problem plaguing economically challenged areas across the country.

Unfortunately for phone companies, copper theft remains a misdemeanor in many states, including West Virginia, one of the hardest hit by wire thieves that literally strip phone lines right off the phone poles as they drive by in the dead of night.

Scrap copper wire

An employee with Frontier Communications reported that on June 25 he received reports that the phone lines were out for residents along Paddle Creek Road near Fort Gay, W.V.

It apparently took two days for the employee to discover, on June 27, 800 feet of phone cable had been removed from a wooded area along the road. The value of the cable was estimated at $10,000.  The annoyance value for customers left without basic phone service?  Potentially more.

In St. Albans, nearly 400 Frontier customers were stripped of their landline service Friday when vandals cut a cable in a possible theft attempt.  Frontier said the most vulnerable cables are often in the most remote and rural locations, and this cable qualified, requiring more than a day to repair and restore service.

But the impact of copper theft can be greater than phone service knocked out for a few hundred residents.  In Kanawha County, West Virginia’s Department of Agriculture offices were left idle when the second copper theft in two months left their phone lines dead.

“We’re at a standstill,” said Gus Douglass, commissioner of agriculture. “It’s kind of ridiculous.”

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSAZ Huntington Copper Thieves Dep Ag 6-28-11.mp4[/flv]

WSAZ-TV in Huntington, W.V. covered the second straight outage of phone service for the West Virginia Dept. of Agriculture in two months.  Copper thieves do strike twice in the same place.  (2 minutes)

Frontier has complained that because copper thefts are often treated as a misdemeanor, offenders are skating with a small fine and little or no jail time.  That makes repeat offenses likely, and risks for those just getting into the copper racket low.

Thieves are reselling the stolen copper for money.  Copper has become a hot commodity, and thieves often earn hundreds, if not thousands of dollars, for a night’s work.

Frontier believes strengthening criminal penalties for copper thefts will do more to deter would-be thieves more than installing surveillance equipment.

Kanawha County Prosecutor Mark Plants seems to agree.  His office is now charging offenders under a little-used state code that makes it a felony to disrupt telephone service.  A felony conviction can bring substantial fines and multi-year prison sentences, especially for repeat offenders.

“There is a push […] towards maximizing a prison sentence for all of these criminals,” Plants told WSAZ-TV.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSAZ Huntington Copper Thieves 6-29-11.mp4[/flv]

WSAZ-TV follows up on the copper theft outage that plagued the West Virginia Dept. of Agriculture with news of an arrest, and a demand for stronger penalties for copper thieves.  (2 minutes)