Press “1” to talk to James Dolan, CEO of Cablevision.

Cablevision has filed a lawsuit against the Communications Workers of America District 1 and its Local 1109, which represents area workers, in Nassau County Supreme Court.

The cable operator is accusing the union of launching harassing robocalls which have given customers the chance to pester CEO and president James Dolan.

At least 20,000 robocalls were made to Cablevision subscribers in three days, from Jan. 31 – Feb. 2 which the cable company alleges were designed to cost the company money and its reputation.

If customers pressed “1” during the call, they were automatically forwarded to a Cablevision call center to complain about recent rate increases and recent job losses at the company. On Feb. 3, Cablevision alleges the robocall campaign was adjusted. Now if customers press “1” during the call, they are directly connected to the phone sitting on Dolan’s desk. In just two days, Cablevision alleges Dolan’s line received 1,193 calls.

The following day, the union was also accused of sharing Dolan’s direct number on social media websites.

“The union will no doubt claim that their telephone harassment scheme is designed to allow customers to communicate substantive messages to the CEO, but such an argument cannot sustain the slightest scrutiny,” reads the complaint. “The unions knows full well that no Fortune 500 CEO can possibly handle a concentrated barrage of one-on-one phone calls with subscribers and others, and that companies like Cablevision have designated and publicly known call centers established precisely to handle such calls in an orderly, responsive manner – including mechanisms for escalating certain such calls to the CEO, if necessary.”

The CWA and Cablevision have fought over an effort to unionize cable company workers in Brooklyn, N.Y.

A year ago, Cablevision workers in Brooklyn voted to form a union, but Cablevision/Optimum management has allegedly stonewalled the unionization effort.

On Jan. 30, about two dozen workers sought to speak with Cablevision management under the company’s “open door” policy, specifically about the lack of progress in completing a contract. Cablevision terminated the 22 employees on the spot, deeming them “permanently replaced.”

Cablevision’s suit requests court costs and an injunction ordering the union not to harass it, aid or abet harassment, or falsely and deceptively display any Cablevision phone number on robocalls.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CWA Fired Cablevision Workers 2-2013.flv[/flv]

 The Communications Workers of America produced this video highlighting what they consider the unfair termination of 22 workers after seeking an “open door” meeting with Cablevision management.  (2 minutes)

Nearly four months after Hurricane Sandy struck Manhattan, many customers are still waiting to get their phone and Internet service restored.

Verizon’s black hole extends across parts of Lower Manhattan, such as along Avenue C, roughly from Third Street to Tenth Street. There, business transactions are often “cash-only,” because stores and bars have no ability to process credit card transactions. But getting cash can also be difficult as ATMs, which also rely on Verizon’s network, display the same “Offline” message they have shown for more than three months.

Some of Verizon’s customers are fed up, especially after the company started asking customers to pay for phone and broadband service they don’t have. Several customers report the company expects its monthly bills to be paid, with complicated service credits forthcoming after payments are applied. Customers who don’t pay have been assessed late fees or face collection activity for service that has not worked since Halloween.

WNYC Radio reports it has been nearly four months since Hurricane Sandy hit the northeastern U.S. and large sections of Lower Manhattan still don’t have phone or broadband service from Verizon. (February 13, 2012) (4 minutes)
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Verizon does not seem to be in much of a hurry, a point of contention with the New York State Public Service Commission, which may be preparing to fine Verizon yet again for failing to meet service standards. The company has been on probation with the PSC for some time. Last summer, the regulator fined Verizon $100,000 for missing required service standards during the month of July, 2012. More than 1,100 of 5,400 reported outages were not repaired within the required 24 hours.

That was an improvement over how the company performed in October and December, 2011, where prolonged service outages provoked the PSC to eventually fine Verizon $400,000.

This time Verizon wants a free pass from more fines, claiming enormous restoration efforts necessitated by Sandy are responsible for any delayed response.

Assistant Attorney General Keith Gordon is not buying it. He called Verizon’s reports on outages “disingenuous at best,” and accused Verizon of manipulating data and delivering incomplete outage statistics.

Nobody outside of Verizon knows how many New Yorkers still lack phone or Internet service — the PSC is obligated to keep specific numbers private at the behest of the telecommunications companies themselves.

“Given the fact that the telecommunication industry is highly competitive, such information is considered confidential,” James Denn, a PSC spokesperson told WNYC Radio.

[flv width=”534″ height=”320″]http://www.phillipdampier.com/video/NY1 Lower Manhattan Resident Has Lost Phone Service For Months Following Sandy 1-15-13.mp4[/flv]

NY1 reports on Greenwich Village residents who are still without Verizon service months after Sandy. They claim Verizon broke multiple promises to get service restored.  (1 minute)

The Bloomberg Administration strongly disagrees with the PSC’s handling of outage information.

“This information should also be made publicly available to consumers so they may track the status repairs, obtain reasonable estimates as to when service might be restored, and compare performance across competing carriers,” said Rahul Merchant, chief information and innovation officer for New York City.

For customers who can’t manage their businesses without phone or Internet service, relief is coming from an increasingly aggressive Time Warner Cable.

Verizon’s largest rival has dispatched armies of salespeople onto the streets in Verizon-deprived areas. The cable company has begun to steal away a number of out-of-service Verizon customers.

That occasionally comes as a surprise to Verizon workers that show up to make repairs, only to be told “I quit you two weeks ago,” by annoyed business owners.

Verizon never got the message.

[flv width=”624″ height=”372″]http://www.phillipdampier.com/video/WNBC New York Sandy-Damaged High School Still Without Phone Service 3 Months After Storm 2-6-13.flv[/flv]

WNBC reports this New York City high school has been left without Verizon service for three months, forcing teachers and staff to use cell phones to communicate.  (2 minutes)

A handful of broadcasters in California, Michigan, Montana and New Mexico interrupted their regularly scheduled programs earlier this week to warn audiences that zombie attacks were underway and residents should avoid the undead at all costs.

This ‘War of the Worlds‘ scenario did not frighten radio and television audiences, but caught stations off-guard, because the Emergency Alert System messages received over the Internet were programmed to broadcast live over the air with no intervention on the part of the living.

“Local authorities in your area have reported the bodies of the dead are rising from their graves and attacking the living,” said one message, which went out as both a scrolling text message and a voice alert. “Do not attempt to approach or apprehend these bodies as they are considered extremely dangerous.”

The Federal Communications Commission on Tuesday warned the nation’s broadcasters to lock down the equipment that monitors for EAS warnings and rebroadcasts them to the public.

The zombie reports managed to find their way to the airwaves in Los Angeles and Michigan Monday. On Tuesday, the messages were delivered across New Mexico on several of the state’s PBS stations.

How are the hackers getting in?

“Before a year or two ago, the EAS systems were hooked up through phone lines, now they’re hooked up to the Internet,” said Karole White, president-CEO of the Michigan Broadcaster’s Association. “We feel fortunate they were not able to get into the entire Emergency Alert System – that’s the good news. The bad news is they got in at all.”

An equipment vendor suspects affected stations never changed the default password supplied with the equipment that inserts warning messages into broadcasts. The FCC agreed, warning broadcasters:

EAS Participants must change all passwords on their CAP EAS equipment from default factory settings, including administrator and user accounts.
EAS Participants are also urged to ensure that their firewalls and other solutions are properly configured and up-to-date.

The hacker or hackers have not yet been found by federal authorities. If convicted, the person(s) responsible face hefty federal fines.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KRQE Albuquerque Zombie attack announced on local TV 2-13-13.mp4[/flv]

KRQE in Albuquerque reports a hacker attack on the state’s largest public broadcaster delivered fake zombie warnings over the Emergency Alert System earlier this week. (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bill Moyers Susan Crawford on Why U-S- Internet Access is Slow Costly and Unfair 2-9-13.mp4[/flv]

Susan Crawford, former special assistant to President Obama for science, technology and innovation, and author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, joins Bill to discuss how our government has allowed a few powerful media conglomerates to put profit ahead of the public interest — rigging the rules, raising prices, and stifling competition. As a result, Crawford says, all of us are at the mercy of the biggest business monopoly since Standard Oil in the first Gilded Age a hundred years ago. “The rich are getting gouged, the poor are very often left out, and this means that we’re creating, yet again, two Americas, and deepening inequality through this communications inequality,” Crawford tells Bill. (26 minutes)

Malone

Dr. John Malone is a force to be reckoned with and the British are about to get an introduction with this morning’s announcement Liberty Global has acquired Virgin Media in a blockbuster $16.3 billion acquisition deal that will make Malone and Liberty one of the biggest broadband providers in the world. (The deal is valued at $23.3 billion after Liberty agrees to take on Virgin Media’s existing debts.)

Malone will take control of Britain’s largest cable operator and will now also control another 18 million broadband customers in Europe, particularly in Germany and Belgium. His biggest rival will be News Corp.’s Rupert Murdoch who controls BSkyB, Britain’s largest multichannel provider.

Malone’s reputation for ruthlessness precedes him. In the early 1990s, then Sen. Al Gore, Jr., called Malone the Darth Vader of the cable industry. Gore also referred to Malone as the head of a mafia-like “cable industry Cosa Nostra” best known for customer abuse, cold-hearted mergers and acquisitions, and endless rate increases. In the 1980s and 1990s, Malone appeared regularly at congressional hearings to discuss cable industry abuses. At the time, Malone was CEO of America’s largest cable operator Tele-Communications, Inc. (TCI). Today, most of those cable systems are known by another name — Comcast.

In the late 1980s, TCI got the ball rolling on massive rate increases for basic cable service. Other operators quickly followed. As rates exploded upwards, the phones began ringing in Washington from outraged constituents. Gore recounted several recent rate hikes in his own home state of Tennessee in one hearing:

• In three years, rates increased 71% in Memphis,
• 99% in Crossville,
• 113% in Nashville,
• 115% in Chattanooga,
• and 116% in Knoxville.

Under Malone’s leadership, TCI Cable raised rates 60 percent in 1992 alone, helping drive the enactment of the 1992 Cable Act which began to slow the pace of rate hikes. The bill was vetoed by then President George H.W. Bush but overridden in Congress after tens of thousands of constituent complaints poured into Washington. It was sweet justice for many elected officials who were on the receiving end of Malone’s hardball tactics for nearly 20 years. Malone was well known for retaliating against local officials who opposed his unfettered rate increases by suddenly cutting off service to customers and putting up on-screen messages in the place of favorite channels with the names and phone numbers of elected officials Malone claimed were responsible.

Under Malone’s leadership, city officials and consultants working to bring a competing cable operator into Jefferson City, Mo., got a taste of TCI’s ruthlessness when Paul Alden, TCI’s vice president and national director of franchising personally threatened the mayor and a consultant working on the project.

“We know where you live, where your office is and who you owe money to. We are having your house watched and we are going to use this information to destroy you. You made a big mistake messing with TCI. We are the largest cable company around. We are going to see that you are ruined professionally.” Alden warned.

TCI later also claimed it had a First Amendment right to provide service wherever it wanted, with or without a cable franchise. It also threatened any would-be competitor with ruin. In Jefferson City, that would-be competitor eventually won $35 million in damages in a jury trial over TCI’s tactics.

Malone has made no secret he believes government officials are simply getting in his way. In 1999, The Guardian noted Malone is a big believer in telecom oligopolies:

He is scathing about regulatory attempts to prevent monopolies and mergers. Governments, he says, are “antediluvian” in their approach to the emerging new world economic order. Instead of trying to prevent mergers and collusion between media and communications companies, Malone says governments should actually promote the creation of “super-corporations” (such as his own) with enough capital to exploit the potential of new technology.

Malone has plenty of money to throw around. He engineered the sale of TCI Cable to AT&T and personally earned billions from the transaction. Three years later, AT&T sold those systems to Comcast.

Liberty Global has stayed on the sidelines of the cable business domestically, preferring to invest in cable networks and programming. Malone’s firm owns Starz!, which gave Netflix considerable trouble when the online video service lost the rights to a large number of recent movie titles. Netflix had negotiated a $30 million yearly deal with Liberty in 2008 which expired in early 2012. Renewal talks fell through when Liberty demanded $200 million annually to let Netflix keep streaming its movies.

Consumers in the United Kingdom may experience Dr. Malone’s idea of finesse soon enough, if shareholders and British regulators approve the buyout deal.

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/BBC News Liberty Global to buy Virgin Media for 23bn 2-6-13.flv[/flv]

BBC News reports the blockbuster deal will pit Dr. John Malone against his biggest rival, Rupert Murdoch. Virgin has five million customers in the UK and provides the country’s fastest broadband service. (2 minutes)