Suddenlink, one of America’s smaller cable operators, has been undergoing a transformation as it tries to meet expectations of today’s cable subscribers and match whatever phone company competition comes their way.  While some of the upgrades are customer-friendly, others pose ominous signs for the future — particularly with respect to Internet Overcharging broadband customers.

Let’s explore:

The Good — New Broadband Speeds, New DVR, New Investments

Suddenlink cuts the ribbon on its new store in El Dorado. (Courtesy: Suddenlink FYI)

In parts of Suddenlink’s service area, particularly in Texas, the company is moving most of its cable service to a digital platform.  This transition is designed to open up additional space for more HD channels, keep up with broadband demands, and open the door for additional on-demand programming.

In Nacogdoches, Suddenlink announced it was adopting an all-digital TV lineup.  Starting this week, the company is offering subscribers free digital adapters — also known as “DigitaLinks,” to enable continued viewing on analog television sets that do not have a set top box or digital tuning capability.  Every subscriber purchasing more than the broadcast basic package (that only includes local stations and a handful of cable networks) will either need a digital tuner-ready television, a set top box, or a DigitaLink device to continue watching.

What is good about this transition is that Suddenlink is not charging customers a monthly fee for the adapters, either now or in the future.  That contrasts with other cable companies like Comcast and Time Warner Cable that have handed customers a set top box or a digital adapter they will begin charging for after a year or two.

Suddenlink expects to invest nearly $120 million this year in Texas, and by the end of the year will have invested nearly a half-billion dollars in the state since 2006.

Texas is extremely important to Suddenlink.  The third largest cable company in Texas serves about 450,000 households and approximately 27,000 business customers in Amarillo, Lubbock, Abilene, Bryan-College Station, Midland, San Angelo, Georgetown, Tyler, Victoria, Conroe, Kingwood and Nacogdoches.

Suddenlink's New TiVo DVR

The company has also lit new fiber connections to handle data communications, primarily for business customers, and is upgrading its broadband service to fully support DOCSIS 3, which will deliver faster speeds and less congested service.

Customers in the state are also among the first to get access to a new and improved DVR box built on a TiVo software platform.  Suddenlink’s “Premiere DVR” service ($17/mo) is now available in Midland, Floydada, Plainview, Amarillo, Canyon, and Tulia.

The Bad — “Suddenlink Residential Internet Service is for Entertainment” Purposes Only

The Humboldt County, Calif. Journal's "Seven-o-heaven" comic strip commented on Suddenlink's problems. (Click the image to see the entire strip.)

Do you take your broadband service seriously, or is it simply another entertainment option in your home?  If you answered the latter, this story may not be so surprising.

In Humboldt County, Calif., broadband users started noticing their favorite web pages stopped updating on a regular basis.  At one point, a blogger in McKinleyville noticed he couldn’t manage to post comments on his own website.  But things got much worse when several web pages started reaching customers with other users’ names (and occasionally e-mail addresses) already filled in on login screens and comment forms.

It seems Suddenlink started to cache web content in the far northern coastal county of California, meaning the first customer to visit a particular website triggered Suddenlink’s local servers to store a copy of the page, so that future customers headed to the same website received the locally-stored copy, not the actual live page.

But the caching software went haywire.

Web visitors began to receive mobile versions of web sites even though they were using home computers at the time.  Some were asked if they wanted to download a copy of a web page instead of viewing it.  And many others discovered websites were customized for earlier visitors.

While the caching problem was irritating, the privacy breaches Suddenlink enabled were disturbing, as was the initial total lack of response from Suddenlink officials when the problem first started in late January.

The Journal finally reached a representative who provided this explanation:

Suddenlink Senior Vice President of Corporate Communications Pete Abel knew that a cache system had recently been installed in Humboldt County, but was unaware of the particular problems reported by users. After speaking with the Journal and other Suddenlink employees, though, he released a statement explaining what appeared to have happened.

According to the release, the cache system was installed in Humboldt County on Thursday, Jan. 27 — the very day that users began experiencing problems — and was intended as an interim solution to relatively low Internet speeds in Humboldt County. The system, it said, was able to cache only unsecure websites — those which, unlike almost all reputable banking or commerce systems — do not encrypt communications. But the company eventually discovered the problems that its customers had been reporting and, having fruitlessly worked with its vendor to find a solution, turned the system off on Monday.

“The good news is that secure Web site pages will not have been cached,” Abel said in a follow-up call to the Journal. “And I have been assured 100 ways from Sunday that never would have happened.”

Andrew Jones, who runs a blog with his Suddenlink broadband account, tried to opt out of the web caching and received an interesting response, in writing, from a Suddenlink representative.  He was told he could not opt out of cached web pages with a residential account because, “the residential service is for entertainment only.”

Jones was told he would have to upgrade to a business account to escape the cache.

“If a small local radio station intermittently went off air for multiple days, the radio host would be apologizing and explaining the situation,” Jones wrote the Journal. “If a large utility company experienced sporadic power outages, people could hear a recording on a toll-free number to learn the cause and about ongoing repairs. What does an Internet provider do when web access becomes spotty and begins serving customers old copies of web pages? The company gets back to you in a couple days and suggests you pay more if you don’t like its recently degraded services.”

The Ugly — Suddenlink’s New Usage Meter Suggests 43GB is An Appropriate Amount of Usage for Standard Internet, 87GB is Plenty for Their $60 Premium Package

Although Suddenlink has not formally adopted an Internet Overcharging scheme of usage caps or metered billing, the company is sending automated e-mail messages to customers who exceed what they call “typical monthly usage for customers in your package.”  The e-mail tells customers they may be infected with a virus or someone else could be using your connection without your permission.  Boo!  For the uninitiated, this kind of message can bring fear that their computer has been invaded, either with malicious malware or the neighbor next door.

Customers have also received letters in the mail from the company telling them to check out their new “usage meter.”  Several have been sharing how much they’ve racked up in usage during the month on Broadband Reports.  One customer managed 243GB while another looking at the company’s super premium 107/5Mbps package managed a whopping 786GB.

Although the wording of the message has strenuously avoided telling customers they are wrong for this amount of usage, the implication is clear to many: they are counting your gigabytes and identifying the outliers.  One customer called it Suddenlink’s “You’re actually using your connection, and we really wish you wouldn’t”-message.

“No one with an ounce of sense would pay for a 20/3Mbps connection and only use 78 GB in a month. Let’s hope they’re just making cute suggestions, not easing us into a cap, because that just won’t fly,” wrote one West Virginia customer.

Another in Georgetown, Texas did the math and made it clear 43GB better not turn out to be a cap because it means customers can barely use the service they are paying for.

“It’s way too low. I got 10Mbps [service] because of price/value and not because I use less than 43GB,” he writes. “[Even] if I downloaded at 1.25MB/s for 30 days straight (1.25 * 2592000 seconds) I could [still] grab 3.164TB.”

Clyde (Courtesy: KUSH Radio/Donna Judd)

Meanwhile, some controversy over the quality of Suddenlink’s service during the upgrade process had some residents in Cushing, Okla., up in arms at a recent city meeting.  Lorene Clyde complained Suddenlink’s “new and improved” service is worse than ever.

“I’m tired of paying for a service I’m not getting,” Clyde said.  “And the Suddenlink commercials – they are like rubbing salt in a wound.”

KUSH-AM reporters were on hand to cover the event, noting Clyde was not the only one complaining.  The radio station noted that “the buzz around town echoes her sentiments – from the ‘mildly irritated’ to the ‘downright mad’ – citizens have been complaining.  Not only have they been complaining to Suddenlink – as difficult as that may be (the call center is in Tyler, Texas) – but to city leaders.”

What Clyde and others may not have realized is that Suddenlink officials were in attendance and were able to apologize for the problems, but a growing consensus among consumers and city leaders is that a broad-based refund for the poor service was warranted.

Commissioner Joe Manning said while he appreciated the promise to figure out the problem, it wasn’t good enough to just apologize and promise – that subscribers’ bills should be adjusted to reflect the poor service.

Commissioners Carey Seigle and Tommy Johnson agreed with Manning.  Seigle pointed out it would be “good P.R.” to give some sort of rebate across the board to subscribers while Johnson complained that the original “upgrade” was only going to take a few weeks and now 8 months later – things are not better, but worse, noted the radio station.

Suddenlink officials on hand said they did not have that kind of authority, but continued to promise things are going to get better.  “I pledge to you,” one said, “We will find it [the problem] and fix it.”

[flv]http://www.phillipdampier.com/video/KJTV Lubbock Borrowing Wi-Fi 2-7-11.flv[/flv]

KJTV-TV in Lubbock, Texas talked with Suddenlink about the growing trend of neighbors “borrowing” neighbors’ unsecured Wi-Fi networks.  Other than the accidental recommendation that consumers should “invest in Internet spyware” to keep your computer safe, the report does a fair job of shining a light on a practice that could have financial consequences if the provider implements an Internet Overcharging scheme.  (2 minutes)

Slaterville Springs is a hamlet in the town of Caroline, N.Y.

Frontier Communications issues press releases promoting the expansion of low speed DSL service into new areas, but for many existing customers, extended service outages ruin their broadband experience.

Just ask Stop the Cap! reader Paul from Slaterville Springs, just outside of Ithaca, N.Y.  Much of his hamlet was without Frontier’s DSL service for more than two weeks, leaving dozens of families with poor-to-non-existent access to broadband for the better part of January.

It Was Supposed to Be Restored in Two Days — But Three Weeks Was More Like It

“It was supposed to be restored in two days, but after repeated calls, they told me it was a “common cause” failure impacting a large number of subscribers,” Paul told us. “Later, we were told Frontier was waiting for parts to fix some equipment at the central office.”

Paul heard the same excuse a week later, as he and other local residents remained cut off from the Internet.

Paul has been underwhelmed by the attention Frontier has given to the town of Caroline, which includes Slaterville Springs.  He has complained to the town supervisor and the New York Public Service Commission.  Frontier has already offered him a refund for the extended interruption in service, but Paul would really like a stable Internet connection that performs well with today’s bandwidth-intensive Internet.

“Before the outage, I got about two-thirds of the promised 3Mbps speed from Frontier, which means any interactive applications can be difficult, and YouTube videos require lengthy buffering before one can watch,” Paul says.  “I think being able to watch YouTube without painful slowdowns should be a key metric for today’s broadband.”

At the end of January, Paul reached out to Ann Burr, Frontier’s regional president of operations.  She called up Claudia Maroney,  the general manager of Frontier’s Central New York division.

“I was told right away that I’d get a service credit for two months and that the problem would be dealt with quickly,” Paul said. “The technician in the central office contacted us and said the solution was to further reduce my speed, because he thought we were too far away from the central office to sustain even the slow speed we had before.”

That turned out not to solve the problem either.

Finally, Frontier brought Paul a new DSL modem which, in concert with repairs in the central office, finally resolved his problems.

Frontier claims it will also increase capacity in his area, which apparently also suffers from evening congestion.

Poor Internet service is not just limited to Caroline.  The entire Southern Tier region between Corning and Binghamton is hard-pressed to access high-speed service.

Eleven towns in Tompkins and Cayuga County have jointly applied for a federal grant to create the infrastructure needed to make high speed wireless or fiber optic-to-the-home service available throughout the area.

The Case of Proctor Creek and Coffield Ridge, W.V.

Wetzel County, W.V.

One of the most challenging areas to provide DSL service is in the Panhandle section of West Virginia.  Hilly terrain and large distances between neighbors assure a challenging broadband environment.  Cable television is out of the question in many areas, and Verizon’s legacy network was in decrepit condition before selling operations to Frontier and fleeing the state.

So it was with great excitement Frontier announced incremental progress in expanding DSL service to two small sections of Wetzel County.  Proctor Creek, close to the West Virginia-Ohio state line, and the relentlessly hilly Coffield Ridge area was finally getting DSL from Frontier — three years after Verizon promised to make the service available.

Wetzel County EMS President Jim Colvin and Del. Dave Pethtel joined Frontier’s Bill Moon at the Grandview EMS Squad station on Jan. 4, to learn more about Frontier’s expansion plans, as the Wetzel Chronicle reported.

Moon informed customers that DSL was now available in both areas and it’s only the beginning of Frontier’s plans to deliver expanded broadband service across West Virginia.  He said Frontier aims to “do things right the first time,” taking more time to establish service in efforts to prevent customers from dealing with the inconveniences of repeat visits from technicians.

“We want to bring the feel of a local company with the advantages of a big company,” Moon said. He went on to say that being a manager specifically for one region meant day-to-day decisions could be made at the local and personal level. “A lot of the red tape is gone,” he told the Chronicle. “We can make things happen directly and get things resolved quickly.”

“There is nothing quick or personal about Frontier Communications,” Shirley tells Stop the Cap! from her home in Proctor.  Her sister signed up for Frontier’s broadband service Jan. 15, and it has worked for exactly three days.  “She has never dealt with a more disorganized company.”

Shirley says nobody from Frontier ever marketed DSL to her sister’s family.

“I read the story in the Chronicle and called her right away, because they have been waiting for broadband for at least 10 years,” Shirley says.  “Calling Frontier was the first mistake — the company couldn’t bring up her account for 15 minutes.”

Shirley says her sister finally succeeded in ordering the service after her line was “qualified.”  She specifically told Frontier “no thanks” to a heavily pushed big package of services from the company, and she did not want to get into a term contract.  But Frontier signed her to one anyway.

“Installation turned out to take almost two weeks because the installer never showed up and she actually got her first bill with DSL charges on it before they installed the service,” Shirley says.  “She called me right away — they signed her up for a calling plan she didn’t want, a hard drive backup service she never ordered, and a one year contract she won’t accept.”

Frontier took all of the extra services off her bill without a fight, even as she still waited for the installer to show up.

“It worked for three days — three days,” Shirley reports.  “Ever since the last heavy rain, the modem lights just blink and Frontier tells her it must be a line problem, but she’s still waiting for someone to come fix it.”

Frontier is charging Shirley, and her neighbors, nearly $40 a month for 1.5Mbps DSL service.  It was supposed to be 3Mbps, but Moon admitted to residents the farther a customer is from a hub, the slower the connection will be.

Common Congestion Symptoms?  Frontier Promises Relief

National Radio Astronomy Observatory in Green Bank

Meanwhile, residents in Pocahontas and Webster counties in eastern West Virginia have DSL service, but intolerable congestion has made it practically unusable since last Thanksgiving.

Nate in Marlinton has had DSL service since Verizon ran it, and believes Frontier has successfully run DSL straight into the ground in the state.

“Frontier actually managed to achieve slower speeds than my neighbor’s satellite Internet service, which is simply amazing,” Nate tells Stop the Cap! “He had Frontier DSL as well, but he went back to the satellite because it was actually better in the evenings.”

Nate’s in a good position to know he has a good quality line to Frontier’s central office — he can see the building from his house.

“When Verizon ran DSL, I actually got better speeds than they promised because you can count the line length between me and the central office in yards, not tens of thousands of feet,” Nate says.  “Now the problem is with Frontier’s own pipeline to the rest of the Internet, which has become hopelessly congested.”

Nate criticizes Frontier for claiming their network has loads of fiber optics for their broadband service.

“Not for ordinary West Virginians they sure don’t,” Nate says.

The Pocahontas Times covered Frontier’s molasses-slow broadband speeds, getting promises that better broadband was on the way late last week.

“But you have to read further down in the story to find the company is spending its time, attention, and money on a fiber network connecting the National Radio Astronomy Observatory in Green Bank with West Virginia University in Morgantown,” Nate complains. “Although that fiber travels down the same phone poles and streets our phone lines do, that sure doesn’t mean we’ll be able to access it.”

Reed Nelson, Frontier’s Director of Engineering for West Virginia, vaguely offered the $5.9 million, 66-mile fiber project will indirectly benefit consumers through fiber loops installed along the way.  He was joined by an apologetic Dana Waldo, Frontier’s senior vice president for West Virginia.

“We know we’ve had some bumps in the road,” Waldo said at the outset of the meeting.

“This is very much like being on the Interstate highway at rush-hour,” he said. “It gets congested. What we’re trying to do is look for paths where we can reduce that congestion. That’s the short-term fix.”

Nate remains unimpressed.

“This is a residential broadband improvement project through osmosis — somehow Frontier’s congested network problems in the area will be resolved by an institutional network we cannot access,” Nate says. “The fact the company turned up at the Observatory to make these announcements before an audience of NRAO technical and executive staff, Pocahontas County Commissioners and representatives of the local schools and libraries, tells you all you need to know — this is an institutional, not residential network.”

Pocahontas County's Cranberry Glades: Go for Nature's Mountain Playground, but don't stay for Frontier's broadband.

Our regular reader DJ, also in the affected area, says speeds have been downright terrible since Thanksgiving, and despite Frontier’s “new capacity” coming online last week, his service is as slow as ever.

“I’m getting anywhere between 0.5Mbps – 2Mbps if I’m lucky,” he shares.

For most customers in eastern West Virginia, Frontier’s ironically-named High Speed Max service delivers a whopping 1Mbps broadband experience.

“Customers have been paying for value not received,” Pocahontas County Commissioner Martin Saffer told Nelson.

Constituents in both counties regularly complain to elected officials about the dreadful broadband service Frontier delivers.

“This company got more than one hundred million in broadband stimulus funding and it sure isn’t helping people in eastern West Virginia,” Nate says.

Another part of Frontier’s problems is an overcongested access point in Bluefield, where Frontier exchanges traffic with the Internet’s national backbone.  Sending the majority of the state’s traffic through one data center has proved untenable, so the company plans additional access points in Charles Town, Charleston, and Clarksburg.

Frontier promises speed boosts are forthcoming, bringing 5Mbps service in the days ahead, according to the Times.

John Mutscheller, Frontier’s Technical Supervisor in Marlinton, told the Times local crews are working to increase capacity whenever they go out to service equipment in Pocahontas County.

“When we put in a new site or we augment an existing site, if they’re at one meg–we have some at three–we’re jumping them up to 5 megs,” he said. “That’s the company policy.”

An installation at Thornwood will be the first 5 Mbps site to come online in Pocahontas County, Mutscheller said. Eventually, all sites in the county will be upgraded to that level, he said.

But as the newspaper points out, not everyone will get those speeds. Generally, with the copper lines that connect customers to Frontier’s equipment, connection speeds drop off as the distance from the equipment increases. Nelson said advances in modems, like those Frontier provides customers for connecting to its network, could fix that in coming years.

Frontier continues to navigate political minefields in the state with the help of employees hired from county governments. Reta Griffith, a former county commissioner today is Frontier’s General Manager for the territory that includes Pocahontas County.

Reporters pressed Griffith on the question of refunds for beleaguered customers experiencing very un-broadband speeds from Frontier:

“We will take those concerns into consideration,” Griffith responded.

Frontier’s service agreements with customers state that speeds received are not guaranteed, but rather will be ‘up to’ the specified speed, she added.

Frontier’s own marketing materials have added to the billing headaches of the company and its customers.

“‘High Speed Max’ doesn’t mean the same thing every place,” Griffith explained.

Here in West Virginia, cell phone reception is often by the grace of God.  The incredibly mountainous state makes “line of sight” communications a real problem when the nearest cell tower is blocked by a gigantic shale rock formation someone blasted through to build a road decades earlier.

AT&T probably still delivers the largest coverage of rural areas in the state because its towers expand beyond the major highways other carriers cover. But even with that expanded service, using a smartphone indoors is going to be a problem in many places.

Recently, AT&T sent letters to approximately 7.5 percent of their customers in the rural areas most likely to have reception problems, offering a free “MicroCell,” which is comparable to a mini cell tower inside your home or office.  The equipment works with your existing broadband connection to expand “coverage” inside your home.  For data purposes, the MicroCell doesn’t deliver anything your personal Wi-Fi connection couldn’t, but if you rely on a cell phone, having signal bars makes all the difference if you are waiting for an important call.

A considerable number of those letters reached families in West Virginia, and that is no surprise considering the state is by far the most difficult to blanket with wireless coverage in the eastern half of the country.

A letter to AT&T customers inviting them to receive a free MicroCell

But the problem is, some families are receiving the free offers, while others are not, and that is creating reception envy.

AT&T 3G MicroCell

Charlotte, who lives in Whipple, W.V., outside of Oak Hill, was visiting with her neighbor Joy last week and noticed her husband fiddling with the latest gadget on his computer desk.

“It looked odd because of the way it spread out on the bottom, so I asked Joy what in the world he was installing,” Charlotte says.

“It’s a cell tower thing AT&T gave us to get better reception,” Joy responded.

Despite the fact the two families live only a few homes apart and signed up for AT&T service with the exact same phones within weeks of each other, Charlotte was never offered AT&T’s MicroCell.

AT&T notified qualified customers with a letter containing a personal reservation code, and the offer was not transferable.

“Maybe you got it and threw it away,” Joy offered.

“No, ever since the credit card companies started changing terms on us, we open every envelope that comes into this house,” Charlotte replied.

Assuming it must be an oversight, Charlotte dropped by her local AT&T store to inquire about the offer.

“We quickly learned we were not the first family to bring up this issue with AT&T as the store manager told us he was fielding complaints from all over town about the highly-selective offer,” Charlotte said.

Even worse, there was nothing the manager could do to rectify the situation.

“His hands were as tied as my patience was tried,” Charlotte tells Stop the Cap!

“The store manager offered to sell me the MicroCell for around $100 with a rebate, but why should I pay AT&T for better reception they should already be providing?” Charlotte asks.  “It seems to me if they are giving away these things to some people in a neighborhood, they should be doing it for everyone, because we pay the same bill our neighbors do.”

The seemingly random offers of MicroCell units are not limited to West Virginia.  We’ve noticed complaints from residents in northern California, the Pacific Northwest, and northern New England from others who get reception while outdoors or on the go, but find their phones useless for making and receiving calls at home.

In most cases, irate customers seeking redress from AT&T run into a bureaucratic brick wall.

Rick McGee, commenting on Engadget’s website:

I have talked to Marketing, Technical Support, and my local store, and nobody can tell me who to contact to qualify for a MicroCell. I have been an AT&T Mobility customer for over four years, with four family plan phones and two more phones on corporate contracts. The reception at my house is usually zero, at times maybe one bar, but never enough to maintain an incoming call or make an outgoing call. I guess I am a glutton for punishment, but this is the last straw.

If AT&T does not magically send me one of the MicroCell coupons, I will total up my termination fees and determine the earliest date I am willing to dump AT&T and try another carrier. In addition to the cell phones, I have two AT&T land lines, plus an AT&T internet account, so I am likely in the top tier of residential customers. With no reception at my house, I don’t see how I would fail to qualify for a MicroCell, but AT&T has no process to help individual customers with bad reception. Everyone I talk to claims ignorance. I’ve done my part, AT&T — either step up, or I am gone.

Others find similar experiences — apologies from in-person sales staff about the corporate roadblocks even they cannot navigate around.

But every once in awhile, one does.  Casey Robinson’s neighborhood lost all AT&T cell phone service when their local cell tower was destroyed in a storm.  The replacement redirected most of its signal elsewhere, leaving them with no bars.

After arguing with corporate phone support in the AT&T store for 2 hours they told me pay the $149 [for a MicroCell] or tough luck. I responded by telling them to take my family plan +2 lines, my roommates family plan +3 lines, and our Uverse U400 package with high speed internet and shove it, we will be changing carriers immediately since I have tower data from AT&T pre and post storm to show they breached our contract.

The AT&T store rep was amazing through all of this. He apologized continuously and said if it was up to them they would give out the MicroCell as soon as we walked in the door, unfortunately their computers physically block them from comping a MicroCell. While I was very distraught on the phone with AT&T, he called his manager at home and explained the situation. She drove in to the store, again apologizing for everything we had to go through, checked us out with the MicroCell then credited our account for the full purchase price and credited a month’s service to both my line and my roommate’s line for the issues we had been having. They are the only reason we still have AT&T. Of course we wrote to their district manager and AT&T corporate applauding the employee and manager, and of course from what we’ve heard they still haven’t been acknowledged for their good work.

Some others have had recent success filing complaints with the Better Business Bureau, when executive level customer service representatives come to the rescue with a free MicroCell.

Charlotte’s family intends to deal with the MicroCell Gap in their own way — by switching to Verizon Wireless, which improved service in the Oak Hill region a few years ago while they’ve been under contract with AT&T.

“We were willing to put up with the MicroCell doing the job their own cell towers should be doing, but because they don’t care about us, we’re done with them,” Charlotte says.

Customers accepting AT&T’s free offer must verbally commit to stay with the carrier at least 12 months or return the MicroCell when they depart.  If they don’t, AT&T will bill an equipment fee up to $199.

Engadget obtained this inside memo about the MicroCell offer.

[flv]http://www.phillipdampier.com/video/WOWK Charleston Frontier vs CityNet Pt 1 12-11-10.mp4[/flv]

DecisionMakers: Frontier vs. Citynet, Part One  (10 minutes)

Bray Cary

Bray Cary, who runs a Sunday news-talk-interview show on his network of West Virginia-based television stations, turned his attention back to the mediocre broadband picture across the state.  Once again, the “free market can do no wrong”-host showered attention and praise on Frontier Communications for their promises to improve West Virginia’s bottom-of-the-barrel rankings in broadband adoption, availability, and speed.  Only this time, one of his guests took him to school on why Frontier Communications is not the state’s broadband savior.

In this round, Cary invited Frontier’s senior vice president Dana Waldo and Citynet president and CEO Jim Martin to discuss where the state’s broadband is today and where it is going tomorrow.

The community of French Creek can't get Frontier broadband even after promising the company dozens of new broadband customers.

Cary wears his opinions on his sleeve, and he’s no fan of the Obama Administration’s broadband stimulus program, believing private companies will deliver West Virginia from its broadband doldrums. That’s wishful thinking Cary can afford as he browses the web from well-wired cities like Charleston.  But if you live in a community like French Creek in Upshur County, that talk isn’t going to get you broadband from Frontier or anyone else.  Stop the Cap! has heard from residents in the community who have delivered petitions from dozens of residents ready and willing to sign up for -any- broadband service, but Frontier hasn’t responded.

Martin opines that as long as stimulus money is available, using it to get the best bang for the buck could improve service for residents from the Panhandle to the Virginia border, instead of simply improving Frontier’s bottom line.

Cary did seem concerned that Frontier was ill-equipped to deliver service to all residents, regardless of cost.

Martin argues Frontier’s broadband network will do nothing to stimulate competition and bring better service.  Martin wants funds redirected into a robust middle-mile statewide backbone, preferably fiber-based, that is open to all-comers at reasonable wholesale pricing.  Citynet has been aggressively complaining about broadband stimulus grants in the state which seem to benefit a handful of companies and projects that don’t actually result in service to individual residents.

The reality is, Cary’s “free market” approach will not deliver service to tens of thousands of West Virginians who will never get wired because of “return on investment” requirements for service in the mountainous state.  Martin’s middle-mile mentality won’t bring access to the last mile, critical for wiring individual homes, either.  But one thing Martin does see that Frontier doesn’t — fiber is the future.

There is a third way to get service without waiting from Frontier’s 1-3Mbps service with an Internet Overcharging scheme or Martin’s middle-mile network that goes past your home but never stops there — petition your local government to empower itself and build a community-owned network that answers to residents, not to Frontier’s dividend-obsessed shareholders.

[flv]http://www.phillipdampier.com/video/WOWK Charleston Frontier vs CityNet Pt 2 12-11-10.mp4[/flv]

DecisionMakers: Frontier vs. Citynet, Part Two  (9 minutes)

Kent Carper says magicJack has been stiffing Kanawha County for 911 fees the Florida-based phone company has refused to collect from its customers in West Virginia.

Carper, who serves as president of the County Commission, is taking his case to the West Virginia Public Service Commission (PSC) with the hope they’ll order the West Palm Beach-based YMax Communications, which owns the service, to start paying up.

“There’s nothing ‘magic’ about magicJack,” Carper told the Charleston Gazette. “It erodes the ability of the 911 center to pay for the services it’s being mandated to provide. MagicJack is not paying a penny, and their position is they don’t have to.”

Kanawha County currently collects a surcharge of $3.34 a month from landline and “digital phone” customers, $3 a month from those with cell phones.  If the county wins its dispute, the costs for 911 service will far outweigh the $19.95 a year magicJack charges for its own service.

Even Carper admits, “They’re practically giving away telephone service.”

It’s a high stakes battle for magicJack, because if it loses, other counties will surely follow with demands for 911 surcharges of their own.  magicJack officials argue they cannot collect the fees Kanawha County wants because of the way the product is marketed — typically through annual subscriptions.

magicJack’s lawyers also argue the company is not selling a true “voice-over-IP” (VoIP) service, comparable to Vonage, cable’s “digital phone” products, or other similar services.

The Federal Communications Commission partly defines VoIP as a single service for making and receiving phone calls over the public telephone network.  That’s a distinction that allows most Skype customers to avoid getting hit with fees and surcharges — Skype has a business firewall between their incoming and outgoing services. SkypeOut, which allows callers to connect with non-Skype customers, is a subscription service and does not support 911 calls.  SkypeIn service requires most users to dial from their computer, not a traditional phone line, unless a customer optionally rents a phone number from Skype.

The inventor of magicJack, Dan Borislow, said in legal filings with the PSC that customers are only buying a license for the device and the accompanying software — making and receiving calls are handled by two different services that customers get for free as part of the annual license:

The magicJack is a portable device that can be used by a customer anywhere in the world by plugging the device into a computer USB port, provided the computer has a broadband connection.

Upon purchasing a magicJack device, a customer receives a one year license, with the option to renew for an additional year or years, of software commonly known as a “softphone”. The software allows the magicJack device to operate.

The softphone operating software license gives the customer the option to subscribe to magicIn, which is a service offered by YMax. MagicIn permits a customer to obtain a phone number and to receive phone calls via his or her magicJack device.

The softphone license also permits a customer to subscriber to a service offered by magicJack known as magicOut. Subscription to the magicOut service allows a customer to make outgoing calls to the United States, Canada, Puerto Rico and the Virgin Islands through his or her magicJack device.

A magicJack purchaser who subscribes to magicOut or magicIn is not charged for either subscription, and the purchaser is also not billed for incoming or outgoing calls made or received through the magicJack device.

Kenawha County is West Virginia's most populous, home to Charleston, the state capital.

Billy Jack Gregg, the PSC’s former consumer advocate who was hired as a consultant by the Kanawha County Commission, thinks that’s nonsense. Gregg suspects magicJack is trying to avoid being designated as a VoIP provider because of mandated fees and surcharges that could come along for the ride.  Gregg testified few, if any magicJack customers are aware of “magicIn” or “magicOut,” and they don’t have the option of choosing one or the other anyway.

Gregg left Wal-Mart employees scratching their heads when he proved his point trying to only purchase the magicOut outgoing call service.  They had no idea what he was talking about.

Presumably, neither does the PSC which has rejected repeated attempts from magicJack and YMax to dismiss the case using those arguments.  Hearings are scheduled for March 1-2.

Carper says he has nothing personal against magicJack — he just wants the company to realize its refusal to collect and pay 911 fees affects the county emergency operations center’s ability to serve the public.

“Simply put, the failure of any provider to collect and remit fees impacts public safety and the ability of Metro 911 to serve the citizens of Kanawha County,” he said. “It erodes our ability to afford these emergency services.”

Some outside observers have zeroed in on a related matter — the very steep $3+ monthly 911 fees demanded by the county, West Virginia’s most populous and home to the state capital, Charleston.

Most 911 surcharges in the United States range between $0.35-0.50, with some larger cities across the country charging one dollar.  Some state laws prohibit fees in excess of $2 per month.

In earlier filings, magicJack’s lawyers appeared amenable to negotiating smaller payments, but not the $3+ county officials are demanding.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/Boston Globe MagicJack Review.flv[/flv]

The Boston Globe’s video review of magicJack was more charitable than the accompanying write-up, which called its marketing “gaudy,” “sleazy,” and “crude.”  Author Hiawatha Bray also didn’t think that highly about the quality of the service he received, saying the product doesn’t inspire confidence and is not suitable as a home phone replacement.  Still, for long distance calls, a second line, or for travelers, magicJack can save you money.  (2 minutes)