THE TELECOM RIOT ACT OF 1998
Part
Two; Demands
This document was created by Bruce Kushnick, Jerry
Michalski, Joe Plotkin, Bruce Fancher. (The information
presented here is documented in "The Unauthorized Biography
of the Baby Bells," by Bruce Kushnick 1998. All rights
reserved)
This is your wake up call. We need your help to
restructure telecommunications by:
- taking class action suits;
- filing complaints with Congress, the FCC, and the
state regulators against the Baby Bells;
- getting refunds and lower prices for customers;
and
- fostering real competition.
Why do we need a new group? What's broken?
Over the last
seven years New Networks has worked to effect change in
telecommunications. Our efforts have largely been
ineffective. Lack of consumer and customer education, a
threadbare regulatory structure, and a fragmented,
underfunded, outflanked non-Bell opponent side has only
added to the Bells ability to convince America that
they are just poor babies.
A case in
point? Though the Bells collectively make over $100
billion dollars annually, there has never been a major
investigation of the Bells business practices and
profits -- not by the regulators, not by Congress, not by
the FCC, and not by any of the major media. There's
never even been a book about the Baby Bells.
The fact that the
Bells are still monopolies, and have virtually stopped all
competition through law suits and excessive costs to
competitors shouldn't surprise the reader. However, they
have also failed to deploy on promised Information Age
technologies and services, and through a regulatory slight
of hand, have become some of the most profitable
companies in America. In fact, no regulator examines the
Bell's profits. How else can Ameritech, a Baby
Bell, exclaim:
"Federal and state regulators no longer limit the
company's profits." (Source: Ameritech: Investor Alert
1/95)
And
those profits are really billions of pennies, nickels, dimes
and quarters... that costs you, your company, and everyone
you know money. So if you use a telephone, your
participation is crucial for changing what's
wrong.
First, let's talk about the problems:
1) The Bells have failed to deliver on advanced,
promised telecom products and services. We call it
"Info-Scandal - By 1998 over one-quarter of all
American households were supposed to be rewired for
fiber-optic, 500 channel full-motion services, - half of
America by the year 2000. And these wonderous services
in just a few short years, would change our lives.
And billions would be spent per company. Pacific Telesis
promised $16 billion in new network expenditures, while Bell
Atlantic promised $11 billion.
In November 1993, Pacific Bell announced a
capital investment plan totaling $16 billion over the
next seven years to upgrade core network infrastructure
and to begin building California's "Communications
superhighway". This will be an integrated
telecommunications, information and entertainment network
providing advanced voice, data and video services. Using
a combination of fiber optics and coaxial cable, Pacific
Bell expects to provide broadband services to more than
1.5 million homes by the end of 1996, 5 million homes by
the end of the decade. (Source: Pacific
Telesis 1994 Annual Report)
In fact, the promises of advanced technology
started in the 1980's with ISDN, the buzz word for
enhanced services. Southwestern Bell 1986
annual report states:
"At the forefront of new technology is ISDN.
Scheduled for commercial availability in 1988, ISDN will
revolutionize day-to-day communications by allowing
simultaneous transmission of voice, data and images over
a single telephone line."
FACT: There are no 500 channel
full-motion video services in 1998 and almost plans have
been cancelled. ISDN was not rolled out in 1988 and is still
having numerous problems.
2) State Alternate Regulation Scandals. It is a
little known fact that in order to fund this fiber-optic
future, the Bells applied for and received, state by state,
new regulations called "Alternate Regulations" which allowed
the Bells more profits to be applied for new
construction.
However, in a complaint filed with the New Jersey Public
Service Commission by the New Jersey Public Advocate, April,
1997, Bell Atlantic/NJ had promised to spend $1.5 billion
additional dollars, but only spent $79 million
dollars. At the same time, New Jersey/Bell Atlantic
dividends were an additional $1 billion dollars. As
the advocate stated:
"...low-income and residential customers have
paid for the fiber-optic wire lines every month but had
not yet benefited."
These laws happened in almost all states, though
each state differs.
3) Excess Profits -- Billions of Pennies, Nickels, Dimes
and Quarters: If the networks weren't built, where
did all the money go? Today, America still pays for
Touchtone Service or Call Waiting, services that cost
virtually nothing to offer and virtually all services have
excess expenses.
Instead of building the highway, the Bells most probably
pocketed the money. We estimate that $30 billion dollars
should be refunded immediately.
4) Baby Bell profits are out of control. The
Bells are currently some of the richest companies in
America. In 1996, Bell profits were about 150 percent higher
than the Business Week ScoreBoard for Utilities, while
profit
margins were over 100% for the Business Week 1000. They
out-perform companies as diverse as GM and Ford, or Sears
& Roebuck and PepsiCo.
Ameritech put it this way:
"Since our stock began trading in November 1983,
Ameritech investors have earned a cumulative total return
of 965%-- more than double the total return of 457
percent for the S&P 500."
In fact, the Bells are currently making 150% more that a
regulated monopoly is supposed to earn, since there is
guaranteed earnings from a captive customer base.
5) Prices should have plummeted. Arthur C
Clark, inventor of the communications satellite once
predicted that the costs of the network would decrease to
the point that the cost of a call would be almost zero ---
elections over wire or through the air.... However, he
didn't take into account the Bells. The price of
service has steadily increased----
Here's three FACTS to show why prices should have
plummeted:
- FACT: Massive Local Phone Company Staff
Cuts. Since 1984, over 235,000 employees have
been cut from the local telephone company -- that's
a 50 percent drop in employees-per-line, the staff that
handles your company's services or the rollout of new
services. If fact, we believe that the Bells never had
adequate staff or training to rollout ISDN or fiber-optic
technologies.
- FACT: Virtually No New Construction. Over the
last decade, the Bells spent more in 1985 and 1986 than
they did in the 1990's. Let's put it a different way,
they make 40 percent more money but their spending is
less than a decade ago. As we point out, in court papers,
Bell Atlantic's New Jersey was supposed to spend $1.5
billion extra --- but only spent $79 million.
Meanwhile, New Jersey dividends to Bell Atlantic went up
ONE BILLION DOLLARS in the same time-frame.
- FACT: The Bells Wrote-off the Entire Original
Copper Network. We have filed a complaint with
the Criminal Division of the IRS for an investigation of
$21 billion dollars. It turns out that even though the
Bells didn't roll out their networks they wrote off the
current network anyway. That means that, on the books the
cost of the local copper network is -- almost 0.
6) Where's the Regulators in All of this? The
phone companies are regulated by a fabric of state and
federal laws, and regulations, that is more like swiss
cheese. On the State level: There are 50 States and a
Telecom Patchwork Quilt of Rules No two states have the same
alternate regulation laws, and no two telephone services
have the same price, even though the services offered are
identical. This has caused three major problems:
- 50 states require 50 regulatory battles - at millions
of dollars each.
- Fifty consumer fights for protection- In order to
protect subscribers, a
group has to fight 50 separate PUC battles, instead of
aggregating them.
- Total customer confusion about the price of any
service. - 0 percent of the population are able to answer
basic questions about the price of any service.
On the Federal Level:
There's Bad Data at the FCC, and its ability to
regulate is in question. The FCC relies on data from
telephone companies and over the last year has not completed
even 7% of the audits they deemed most critical. According
to the General Accounting Office (GAO) report titled "FCC's
Oversight Efforts to Control Cross-Subsidization," February
1993:
"At the present staffing level, the FCC could
cover each area once every 18 years [there are 297
audit areas]. If the FCC confined its efforts to the
183 areas that it has designated most critical, it could
audit each area
about once every 11 years".
Without good data, how can the agency hope to make good
laws? And with the new FCC, the problems have just gotten
worse.
The Telecom Act of 96 is Seriously Flawed. The
Telecom Act was really a band-aid act, when what was needed
was a complete overhaul. The Act was written to bring in
local competition and stimulate new technology deployment.
Unfortunately, it was based on a series of bad assumptions,
and manipulated by a great deal of phone company lobbying
-"The most lobbied bill in history", according to Senator
Pressler. No wonder there is still no competition almost two
years after the fact.
And the problems mentioned, from the patchwork quilt of
regulation, to inaccurate FCC data, never addressed by the
Telecommunications Act.
The Phone Bill is a Regulatory Mess. With
all of these various state and federal government agencies,
the most surprising fact is that no agency actually looks at
all of the charges and therefore profits of your telephone
bill. For example, a typical telephone bill has some
charges, such as the Subscriber Line Charge, that is
controlled by the FCC, while some services, such as Inside
Wiring, have no regulator examining the charges to
customers.
- Basic Service is now one of the
few line items on the phone bill that is regulated
anymore. It is controlled by the State PUCs.
- Toll Call Revenues are regulated by the
state PUCs.
- FCC Line Charge, on all business and
residential bills, is an FCC controlled
service.
- Calling Features, included Call Waiting to
Caller ID have varying rules per state but most services
are no longer examined by any state regulator for
profits.
- Inside wiring is deregulated and no longer
examined for profits.
- Long Distance Access Charges, which are not
considered charges to subscribers, and are
examined by the FCC
- State and Local Taxes and Surcharges: Various
government agencies, have added a wide variety of
surcharges - including everything from a 911 to Deaf
Relay.---and these are almost all just more telco
revenues.
This jurisdictional morass allows for a serious revenue
and profits shell game to have take place. Because each
regulator only examines specific charges on the phone bill,
the Bells have been able to state that they are "losing
money" on "basic service" and even today, are requesting
rate increases. How can this be when they are so
profitable?
- State and Federal Regulators are seriously
out-flanked. Where alternate regulation plans have
been presented, the phone company has out-spent the
advocates and PSC staff by approximately 30-1, from
hiring consultants to using the Bell's legal staff. This
has left few safeguards for customer protections.
Finally, no one is watching anymore. Since
the 1990's, the implementation of Alternate Regulation
has strip-mined the regulators' ability to examine RBOC
profits. Price Caps, where the price stay
the same for a few years, has become the standard for all
telecom price regulation. While it sounds like a bargain,
since the network gets continually cheaper to offer service,
the profits just keep accruing.
7) The Competition Myth. Competition was
supposed to fix everything - Lower prices, bring in new
technologies, However, as of 1998, competition is
still stillborn, especially for residential customers.
Here's the problem: Try to pick up this line:
__________________________________________
You can't, and that's why there will not be other
competition, because the Bells own the 'final mile' of wire
to the customer's home. Cable companies must redo
their networks and wireless is still too expensive.
Therefore, no other phone competitors can offer service
without renting from the local Bells.
As of 1998, the two hopefuls, AT&T and MCI, have
all but pulled out of residential local service offerings.
AT&T stated "they were losing $3 per customer", and have
"stopped marketing local service" while MCI's President,
Timothy F. Price stated that they "would not offer resale
service to any new residential customers because... the
Bells have managed to ensure that the business is not
a profitable one for new entrants, who don't have government
protected territories".
And the Bells have successfully used lawsuits to stop all
attempts at competitors entering the market.. They are
monopolies and they own the network and the Telecom Act
never adequately address this most
important fact.
8) Dark Secrets. Another $70-90 Billion in
Massive Fraud, and a Host of Other Improper If Not Illegal
Activities. The few audits of the Bells have
clearly shown that behind the Bell curtain, there's a
serious dark side where expenses are charged to customers
that should have been paid by the company. A
clear example is an e-mail to us from a former Bell
accountant, cooroborating many of our findings. (The Bell
has been replaced the actual holding company name.)
"You are absolutely correct when you state that The Bell has
been allowed to overcharge for local phone service, because
I know for a fact that the numbers we reported to the PUC
were false. The instructions I received from my manager were
that we had to back out all new sources of revenue created
since the divestiture from AT&T in 1983, with the stated
intention of providing as bleak a picture as possible to the
regulatory agencies. This meant that what the PUC's received
was a false picture of the true profitability of the
directory business, which then helped to skew the rate
calculations in favor of The Bells' contention that they
were losing money
on local phone service."
- Telecom Subsidies are Corporate Welfare Subsidies: A
shell game with your money. Arguments abound that local
service must fund a host of subsidies, such as Universal
Service. Meanwhile, there are those that argue that
Business customers subsidize residential subscribers and
that Urban users subsidize Rural and suburban
subscribers.
Unfortunately, after all of the revenues and profits are
totaled the only real subsidy is that telephone subscribers
are subsidizing the Bell shareholders' excessive profits and
entry into other businesses. Without audits and actual
costs being analyzed, and to date no total audits exist by
any government regulator, all other arguments of subsidy are
moot.
9) Failure To Deliver on Essential Products. Consider
the facts - that all of the services listed below should
have been rolled out long before promises of fiber-optic,
full motion video, 500 channel services were ever going to
be implemented.
- the Bells still can't deliver two telephone channels
over the same wire, (requiring second wires to be added
into the home),
- telephone numbers must be changed when someone
moves,
- millions of people had to receive new area codes
because the Bells never bothered to create basic software
to solve this problem.
Why were these services never mandated and delivered over
the last decade?
10) Internet Providers should get angry. The Bells
have asked for surcharge on the Internet and stopping
Internet Telephony. Their argument is that their
network is being congested by the Net, and that Internet
Telephony should have extra charges paid to them.
However, if they had kept their promises of network
deployment, there would be excess capacity.
Worse, an e-mail message we received stated
"Most recently they have been trying to price
the ISP's out of the market place by increasing their
cost structure. The argument they have been using is that
the users of the Internet are placing an undue burden on
their networks, so the ISP's should foot the bill for
improvements to that network. This at the same time that
The Bell is offering Internet connectivity to the
public."
11) Telecom Act Actually Brought in New Charges -- and
Other Scandals. From an "Internet & Small Business
Tax", implemented by the FCC which put a new surcharge on
all second lines in the home or office in 1988, or the
common "Digital Spew (which adds charges to telephone
bills that have not been ordered). to other surcharges that
are supposed to be used for the wiring of schools or allow
competition, there are hundreds of problem -adding up to
multiple Billions of dollars annually.
We believe that total overcharging is $14 billion dollars
annually -- and rising -- and it affects every Bell
subscriber. And overcharging is just the tip of the
iceberg.
And the reasons why we formed? To
review:
Customers Don't Have a Clue. Based on
proprietary consumer surveys, New Networks Institute (NNI)
has found that consumers do not know or believe that the
Bells are doing anything wrong - from overcharging to
blocking competition. Case in point:
Zero percent of the population can answer basic
questions about their telephone bill, This attitude leads to
customer complacency - Why change the local telephone
company if nothing is wrong?
The Business Community Is No Better Educated.
It also does not know the facts, and does not have an
adequate voice in making necessary changes. for example,
Bill Gates, CEO of Microsoft, thinks that local telephone
service is being 'undercharged". In his article titled "Bill
Gates predicts what's ahead in '97" (1/2/97) appearing in
the New York Post.
"The rate scheme used to pay for
telecommunications in the United States will change
dramatically. Regulators will end the current practice
that forces phone companies to undercharge for local
service and overcharge for long-distance service. As a
result, heavy user of the local telephone network --
including people who keep computer modems connected hour
after hour -- will see their bill rise."
FACT: In 1997, 90-plus percent of all the Bells
profits came from local phone services!
As we stated,
- Telecom Laws Resemble Swiss Cheese and are
not protecting subscribers
- Audits have not been done.
- The Media? No Stories, No Investigations.
To date, there has never been an investigation of the
Baby Bells by any media concern, and interviews with
telecom advocates show that in many cases stories have
been squelched because of the advertising monies spent by
the Bells.
The worst problem ---Fragmented, Threadbare,
Opposition to the Bells. The most insidious problem is a
failure of the Bells opponents to present a unified,
forceful group to take actions. While the Bells present a
unified front, via everything from the USTA and heavily-paid
lobbyists, to the former MFJ Task Force, the other side,
including the long distance companies, the local CAPS, and
even the consumer groups, all take rabbit punches for their
own, very private agendas.
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