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Comcast and Verizon Merge, Without Merging: Detente — A Non-Compete Agreement

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WSJ Comcast and Verizon Merge Without Merging 12-2-11.flv[/flv]

Comcast and Verizon are attempting a virtual merger, meaning that both sides are agreeing to work together by staying out of each other’s way, Peter Kafka reports on the Wall Street Journal’s digits.  (3 minutes)

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WSJ Verizons 3-6 Billion Spectrum Deal Turns Heat on ATT 12-2-11.flv[/flv]

And what of AT&T?  The Wall Street Journal reports Verizon Wireless’ deal is ramping up pressure on rival AT&T, which is fighting to salvage its deal to take over T-Mobile USA, Greg Bensinger reports.  (5 minutes)

Cable Companies & Verizon Sign Non-Aggression Pact; Consumers May Pay the Price

Comcast, Time Warner Cable, and Bright House Networks sold AWS spectrum in areas shown here to Verizon Wireless, virtually guaranteeing the cable industry will not compete in the wireless phone business.

Two years ago, Cox Communications was hungry to get into the wireless phone business.  It announced it was launching “unbelievably fair” wireless — an oasis in a wireless desert of tricks and traps on offer from competing wireless companies.  No more expiring minutes, the option of affordable flat rate service, and no hidden fees or surcharges were all supposed to be part of the deal.

“Our research found that value and transparency are very important to consumers when choosing a wireless service plan, but they are not finding these qualities in the wireless plans offered today,” Stephen Bye, vice president of wireless said back in 2010, introducing the service. “Total loss of unused minutes as well as unforeseen overage charges on bills are just two examples of what our customers have told us is just unfair.”

Those same issues still exist for wireless customers today, but Cox won’t be a part of the solution.  The company announced this past May it was exiting the competitive arena of wireless and would simply resell Sprint service instead.  Last month, it announced it wouldn’t even bother with that, and will transition its remaining wireless customers directly to Sprint.

What changed Cox’s mind?  The cost of building and operating a wireless network to compete with much larger national companies.  It simply no longer made sense to build a small regional wireless carrier and rent the rest of your national coverage area from other providers, who set wholesale prices at a level high enough to protect them from would-be competitors.

The lesson Cox learned first has now been taught to America’s largest cable operators Comcast and Time Warner Cable (and its sidekick Bright House Networks).

All three cable operators have effectively signed a non-aggression treaty with Verizon Wireless, agreeing to sell their unused wireless spectrum acquired by auction in 2006 at a 50% markup to Big Red.  In return, Verizon will market cable service to wireless customers.  It’s the ultimate non-compete clause so wide-reaching, Verizon stores will soon be selling Time Warner Cable right next to Verizon FiOS, something unheard of in the telecommunications marketplace.

It’s a win for Verizon Wireless, which accumulates additional wireless spectrum and peace of mind knowing the cable industry will not enter the wireless communications business.  Cable companies get to profit from their purchase of the public airwaves and see the potential of a dramatic reduction in customer poaching, as cable and phone companies stop fighting each other for customers.  Ultimately, it means customers could eventually pay the cable or phone company for all of their telecommunications services from television and broadband to wired and wireless phone service.  What consumers enjoy in one-bill-convenience may eventually come with higher rates made possible from reduced competition.

Verizon Wireless' currently unused AWS spectrum favor the east coast, but not for long.

Verizon will pay $3.6 billion to Comcast, Time Warner and Bright House Networks for the spectrum.  The deal has stockholders cheering because that payment represents a tidy profit for cable operators who did absolutely nothing with the spectrum they purchased five years ago.  It also makes AT&T even more intent on completing its own spectrum merger with T-Mobile USA.

The agreement has concerned consumer advocates because it seems to signal Verizon is content making money primarily from its wireless business, and will repay the favor from the cable industry by pitching phone customers on cable service.  That could ultimately spell big trouble for Verizon’s stalled FiOS fiber-to-the-home network.  Verizon may find it easier and cheaper to end its aggressive entry into Big Cable’s territory by simply reselling traditional cable television products.  It can still market wireless products and services to cable subscribers and not endanger the new atmosphere of goodwill.  Rural broadband, where cable never competes, could be served through wireless spectrum, for example.

For now, Verizon says it intends to continue competing with its FiOS network, but the company stopped deploying the service in new areas nearly two years ago.

The deal will go before regulators at the Justice Department and the Federal Communications Commission for review.  What will likely concern them the most is the appearance of collusion between the cable companies and Verizon.

“A flag is raised when two rival networks move to start selling each other’s services,” a person familiar with the concerns of federal antitrust officials told the Washington Post. “They lose their desire, impetus, to compete. That is a big antitrust flag.”

Mark Cooper, the director of research for the Consumer Federation of America, expressed serious concern as well.

“Verizon was supposed to be the great competitor for Comcast in the video space, while Comcast has been looking for a wireless play to match the Verizon bundle,” he said. “The deal signals bad news for consumers, who can expect higher prices for video, fewer choices and higher prices for wireless.”

Who owns what

Four years into the deal, consumers may not know what company they are dealing with, as cable operators will be able to market Verizon Wireless service under their own respective cable brand names.

The deal is also trouble for lagging Clearwire, which had been providing wireless broadband service to both Comcast and Time Warner Cable.  Under the agreement, both cable companies will end their relationship with Clearwire, which is particularly bad news for the wireless company because of its ongoing financial distress.  Sprint, which has heavily invested in Clearwire, may ultimately find itself with an investment gone sour, troubling news for the third largest wireless company manning the barricades against a nearly-complete duopoly in wireless service between AT&T and Verizon Wireless.

Cable stock cheerleader Craig Moffett from Sanford Bernstein seems thrilled with the prospect.  In a research note to his Wall Street clients, Moffett says AT&T could benefit from the Verizon pact with Big Cable by ending up in a “more duopolistic industry structure without paying for it.” If the FCC approves the non-aggression pact, the deal “would amount to an unmistakable step towards the duopolization of the U.S. wireless market, inasmuch it would leave T-Mobile, once again, stranded without a 4G strategy.”

Cable investors, he adds, are likely to be excited the cable industry won’t spend billions of dollars in capital building a wireless venture, and instead has agreed to work with competitors to cross-sell products and services.  With little competitive pressure, prices won’t be falling anytime soon.

That’s great news for investors, even if it is “unbelievably unfair” for consumers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Verizon to Buy Wireless Spectrum for 3-6 Billion 12-2-11.flv[/flv]

Bloomberg News explains the deal and its implications in the wireless industry spectrum battle.  (2 minutes)

Update #2: Verizon Wireless LTE Outage Impacts Service on East Coast

Phillip Dampier December 7, 2011 Consumer News, Verizon, Wireless Broadband 27 Comments

Verizon Wireless has confirmed a major LTE outage is impacting their data customers up and down the east coast as of late last night.

4G service works only intermittently this morning for impacted customers.  Many Verizon Wireless 4G phones are also not stepping down to the older 3G network properly during the outage, which means no data service at all, unless you are near a Wi-Fi hotspot.

The largest service area affected is New York City, but the outage is also impacting 4G customers in western New York, Pennsylvania, and northern Virginia.

Verizon has no estimated time when the problem will be repaired.

Updated 3:46pm ET — Readers report the outages now extend south into South Carolina, west into Ohio, Indiana, and Illinois, and one reader tells us service is out in California.  Verizon has acknowledged the problem on their Twitter channel, with no time estimates for repair.

Updated 4:58pm ET — Verizon is telling some customers the outage is impacting those with SIM cards, which effectively means LTE/4G.  Customers with 3G only phones still have access, but many 4G phone owners cannot downgrade to 3G service, even when they turn LTE off. 

Canadians Trash Their Cell Phone Options: Bad Service, Worse Value; Koodo Rates Highest

Canadians overwhelmingly rate their mobile phone providers poor for value, telling Consumer Reports they are paying too much and getting far too little coverage and service in return.

The 2011 Consumer Reports Wireless Survey (subscription required) shows Canada’s largest cell companies are generally awful in the estimation of 15,000 Canadians polled for the survey.  At the very bottom of the barrel are mega-carriers Bell Mobility and Rogers, both rated lousy for service and customer support.

“You can always do better than Rogers and Bell, no matter what other carrier you can think of,” says Thierry Duluis, a Stop the Cap! reader in Quebec. “Biggest does not mean best.”

Consumer Reports agrees.  It top-rated Koodo, a no-contract carrier owned and operated by western Canada’s phone company Telus.  Koodo is a relatively new player, only launching service in 2008, but has since built a reputation for lower prices and reasonably good service to the majority of populated regions across Canada.  But Koodo’s data plans can be expensive and confusing.  A $5 data starter plan delivers 25MB of data, and automatically increments: 26MB-100MB = $10, 101MB-300MB = $15, 301MB-1GB = $20, 1.01GB–3GB = $30, + 2¢/MB above 3GB.  A alternative plan with a 2GB data allowance runs $25 a month with a 2¢/MB overlimit fee.

Consumer Reports

Ironically, several wireless brands owned by large Canadian phone and cable companies scored higher than their respective owners.  Koodo scored higher than Telus Mobility.  So did Fido, which is a wholly-owned subsidiary of Rogers.

Regional SaskTel, which operates in Saskatchewan, received an admirable rating from the consumer magazine, primarily because of its slightly better customer service.  But no carrier, prepaid or postpaid, did extremely well across all categories.  Canadians are frustrated by cell phone prices that are often higher than what their American neighbors pay, and are often accompanied with stingy usage allowances.

KISS Shrine Interferes With Verizon Wireless; Little Rock Woman’s Standoff With Big Red

Phillip Dampier December 5, 2011 Consumer News, Verizon, Video, Wireless Broadband 1 Comment

A Little Rock hairdresser’s electronic shrine to the rock group KISS has led to a standoff with Verizon Wireless, who claims the device is jamming their wireless signal.

Stacie “Mack” McIntosh received the pinball machine-sized “shrine,” complete with miniatures of group members and a working light show, as a gift from fellow KISS devotees.  When she plugs it in and turns it on, Verizon Wireless’ signal degrades in the immediate area — a victim of some unknown interference the wireless company attributes to the device.  Now the cell phone company is demanding McIntosh get rid of the shrine, or at least leave it unplugged, and McIntosh has refused.

“What can they do to me? This is my salon,” she told local TV station KLRT. “I pay the bills.”

For now, the KISS show must go on, and visitors who shop in and around McIntosh’s salon have to endure one signal bar (or less) of reception.

But the problem may soon turn up elsewhere in Arkansas and beyond.  The company that manufactured the original KISS shrine, Weird Art Productions, is busily creating more shrines that could lead to more interference problems.

Verizon says interference to their cell phone network isn’t limited to music group shrines.  Malfunctioning transmitters, electronic light signs, wireless devices at drive-thru restaurants, and souped up CB radios can all cause problems on certain frequency bands, some licensed specifically to Verizon Wireless.

For now, it’s unlikely the Federal Communications Commission will actively get involved in McIntosh’s dispute, considering the interference is highly-localized around McIntosh’s salon.  But Verizon may be within its rights to insist interference problems be mitigated, especially if the KISS shrine concept goes viral.  That may eventually ensnare the manufacturer — Weird Art Productions — in what the FCC calls a “Notice of Apparent Liability,” legal jargon for its version of an indictment, sometimes followed by a substantial fine.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KLRT Little Rock Kiss vs Verizon Wireless 11-22-11.flv[/flv]

KLRT in Little Rock visits the scene of the wireless ‘crime’ — Stacie McIntosh’s KISS shrine, ensconced in her salon and ready for the next performance… for now.  (4 minutes)

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