Another Report Shows US Consumers Don't Get The Broadband Speeds They Pay For

from the false-advertising dept

Yet another report has shown that US consumers aren't getting the broadband speeds they're paying for.

Researchers from broadband deal portal AllConnect dug through FCC data on broadband speeds and found that about 45 million Americans aren't getting the speeds that broadband providers are advertising. Fiber and cable broadband providers appeared to have the toughest time providing the speeds they advertise, with those subscribers getting around 55% of the speeds they were promised. Satellite and DSL providers generally offer crappy speeds, but at least, the report found, those speeds were delivered more consistently.

The firm noted that consumers just aren't getting accurate data on what speed is available, or how much speed they'll get. Something that's kind of important during a pandemic in which broadband is key to education, employment, health care, human connection, and opportunity:

"Having dependable internet is crucial right now, and with so many options available, it is important to have information like this to help consumers make the right choice for their needs. Being able to compare various aspects of internet service like reliability and speed helps make those decisions a little easier,” Layton adds."

Granted this has been a problem for the better part of this decade. And it's another problem (much like patchy availability and high prices) federal regulators haven't done enough to seriously address. Speed data ISPs provide to the FCC is notoriously unreliable, and the FCC historically doesn't do enough to verify availability and speed claims. It only takes a few minutes perusing our $350 broadband availability map, which all but hallucinates competition and throughput, to realize there's a chasm between what the US government and industry claims exists, and what actually exists.

Every year, the FCC is mandated by Congress to release a report detailing the status of the U.S. broadband industry. If broadband isn't being deployed on a "timely basis," the agency is supposed to, you know, do something about that. But every year, sometimes regardless of party, the agency, swaddled in dodgy data, pretends this isn't a problem. Why? Because we've fused extremely politically powerful telecom monopolies to our government surveillance apparatus, and holding these companies accountable is bad for political careers.

Of course ISPs aren't just engaged in false advertising when it comes to speeds. They also routinely use a bevy of misleading fees and surcharges to covertly jack up their advertised rates post sale -- to the point where your advertised cable or broadband bill can be as much as 45% higher than advertised. And again, aside from the very occasional suggestion by regulators that ISPs could maybe do better or be more transparent, nobody much does anything about it. After all, who wants to risk losing Comcast, AT&T, Verizon, T-Mobile, and Charter campaign contributions by doing the right thing?

Filed Under: bandwidth, broadband, promises, speeds, study, truth in advertising

Broadband Monopolies Keep Getting Money For Networks Never Fully Deployed

from the round-and-round-we-go dept

As we've noted a few times, there's an underlying belief in American tech policy that if we just keep throwing money at entrenched broadband monopolies we can lift US broadband out of the depths of mediocrity. But as we've noted more than a few times, heavily subsidizing a bunch of regional monopolies, while not doing anything about the conditions that created and insulate those monopolies, doesn't result in much changing. It's especially ineffective when you don't really punish ISPs for decades of taking taxpayer money in exchange for network upgrades that almost always, like clockwork, wind up unfinished.

The latest case in point: in 2015, regional monopolies CenturyLink and Frontier Communications took nearly $800 million in taxpayer funds to expand broadband to underserved areas they deemed too expensive to wire themselves. And guess what happened:

"The deadline to hit 100 percent of the required deployments passed on December 31, 2020. Both CenturyLink and Frontier informed the FCC that they missed the deadline to finish deployment in numerous states."

CenturyLink rather coyly acknowledged that it failed to meet deployment milestones in more than 25 states. Frontier failed to meet its deployment targets in around 17 states. Under the law, ISPs have a year from the point they finally inform the FCC that haven't done what they promised to... actually do what they promised.

And while that same law says the the government can take back taxpayer funding "equal to 1.89 times the average amount of support per location received in the support area," plus another ten percent of the carrier's total funding in that area, that often never happens. ISP lawyers routinely tap dance over, under, and around those milestones; and penalties are particularly pathetic when there's a captured regulator like outgoing FCC boss Ajit Pai at the helm.

A shining example of this lack of accountability is Frontier Communications, which we've long held up as a stunning example of monopolization and corruption in states like West Virginia. This is a company that time, and time, and time again has failed to meet its obligations tied to taxpayer subsidies, and in some instances was even caught defrauding the government. The federal response to this? To throw yet more taxpayer and ratepayer money at the company via the recent, scandal-plagued Rural Deployment Opportunity Fund auction:

"CenturyLink and Frontier are both getting more money from the FCC in the new Rural Digital Opportunity Fund, with CenturyLink getting $262.4 million spread over 10 years and Frontier getting $370.9 million over 10 years.

"Sen. Shelley Moore Capito (R-W.Va.) recently urged the FCC to block Frontier's new funding, saying that "Frontier has a documented pattern of history demonstrating inability to meet FCC deadlines for completion of Connect America Fund Phase II support in West Virginia."

Folks in DC (especially the Ajit Pai types) claim they're focus is "lifting burdensome regulations to boost network investment." In reality, they've effectively ceded all policy decisions to regional monopolies, which they're utterly incapable of holding accountable for much of anything. When the data then shows that this clearly and obviously only results in less competition, stifled investment, wasted money, and mediocrity, the impulse is almost always to pretend that this data isn't real... then double down on the same decisions that brought us there. Rinse, wash, repeat.

Now with COVID highlighting broadband's importance in an entirely new way, there's a massive new push to solve the problem by throwing more money at it. But until and unless policymakers embrace polices that specifically target the dominance of entrenched monopolies, driving more competition to market, we're not getting off this ridiculous hamster wheel.

Filed Under: broadband, broken promises, fcc, promises, subsidies, taxpayers
Companies: centurylink, frontier, frontier communications

Verizon, NYC Settle Lawsuit Over Verizon's Empty Fiber Promises

from the day-late-dollar-short dept

Like AT&T, Frontier, and other U.S. telcos, Verizon has a long, rich history of taking tax breaks, regulatory favors, and taxpayer subsidies in exchange for networks it only half deploys. That was the case in the 90s when Verizon took a several billion tax breaks from the state of Pennsylvania in exchange for networks it never deployed. It was also the case in New York City, where Verizon was sued by the city for promising to deploy fiber universally to all five boroughs, and then, well, not doing that.

In 2017, NYC sued Verizon, stating a 2014 deal to deploy fiber to the entire city fell well short of the full goal. As some local reporters had warned at the time (and were promptly ignored), the city's deal with Verizon contained all manner of loopholes allowing Verizon to wiggle over, under and around its obligations. And wiggle Verizon did; a 2015 city report found huge gaps in deployment coverage -- particularly in many of the less affluent, outer city boroughs.

Last week during the holiday bustle the city quietly announced it had settled its lawsuit with Verizon. Under the confidential settlement, the city claims Verizon will expand fiber deployment to an additional 500,000 low income homes across the city:

"This settlement will make sure that Verizon builds out its fiber footprint more equitably throughout New York City — especially in low-income communities that have historically been underserved by internet service providers,” said DoITT Commissioner and Citywide CIO Jessica Tisch. “This agreement attacks that unfair imbalance, and recognizes that high-quality internet is a necessity, not a luxury."

The problem, as usual, will be in the follow up. The original lawsuit (pdf) stated that Verizon had deployed fiber to 2.2 million out of the city's 3.3 million residences with FiOS, despite the original 2008 agreement with the city calling for "100%" FiOS availability. An additional 500,000 deployed homes sounds good, especially during a pandemic, but it's still a far cry from the company's original promise to the city. The city likely found the lawsuit to be too costly or unwinnable, and with so much else going on, agreed to settle and at least get something for its efforts.

Granted this isn't just some one-off problem. Telecom giants are so politically powerful (on both the state and federal level) that genuine accountability for failed promises is extremely hard to come by. One simply needs to look at the long list of cities and states that have accused the company of taking subsidies and tax breaks then failing to evenly deploy fiber, whether it's Philadelphia or a huge swath of New Jersey. And again, you'll find much the same story having played out with telco giants like AT&T and Frontier Communications from Mississippi to West Virginia.

As we've noted for a long time, policymakers act as if U.S. broadband mediocrity is just something that happens or is due to America just being really, really big. In reality, the reason U.S. broadband is patchy, expensive, with atrocious customer service? Plain old state and federal corruption we often refuse to even acknowledge, much less do anything about.

Filed Under: broken promises, digital divide, fiber, fios, internet access, new york city, promises, subsidies
Companies: verizon

AT&T Fires Hundreds Of DC, HBO Execs In Latest Example Of 'Merger Synergies'

from the Do-not-pass-go,-do-not-collect-$200 dept

This may be shocking to hear, but nearly all of the promises AT&T made in the lead up to its $86 billion merger with Time Warner wound up not being true.

The company's promise that the deal wouldn't result in price hikes for consumers? False. The company's promise the deal wouldn't result in higher prices for competitors needing access to essential AT&T content like HBO? False. AT&T's promise they wouldn't hide Time Warner content behind exclusivity paywalls? False. The "$15 TV service" the company repeatedly hyped as a byproduct of the deal? Already discontinued. The idea that the merger would somehow create more jobs at the company? False.

AT&T has laid off 41,000 employees just since it received its 2017, $42 billion tax cut from the Trump administration for doing absolutely nothing (technically, less than nothing, since it fired countless employees and trimmed 2020 CAPEX by around $3 billion). And this week, the company laid off another 600 employees across Time Warner, including employees at HBO and DC Comics:

"The moves are likely to cause anxiety at WarnerMedia, which has reorganized several areas of its business since being acquired by AT&T for about $85 billion in 2018. Since AT&T took over the company formerly known as Time Warner, top executives with years of oversight of distribution, programming and advertising sales have departed. Kilar’s ascension to the CEO role in May has only served to fuel more recalibration."

Granted if you've watched the history of U.S. media and telecom consolidation, this should surprise nobody. The first year or two after such deals are usually filled with empty promises about how "nothing will change" (AT&T brass repeatedly promised Time Warner employees they would have ample resources and creative freedom), only to be followed up by everything changing, and, as is the case when a lumbering telecom monopoly jumps more fully into a creative business it doesn't fully understand, often not for the better.

And while AT&T has hinted that much of this had to do with COVID-19, that's not the case. Most of these moves were either planned for some time, or part of the company's ongoing attempts to shed the massive debt accumulated from the company's spending spree on DirecTV (2015) and Time Warner (2018). Both mergers were supposed to position AT&T as a dominant player in the online video and advertising space. Instead, AT&T has been losing paying TV customers hand over fist after a number of bungled decisions ranging from price hikes on price sensitive cord cutters to bungled streaming branding.

It was yet another example of the perils of a "growth for growth's sake" mindset, blended with yet another example of how lumbering, government-pampered telecom monopolies like AT&T and Verizon just aren't very good at this whole competition and innovation thing.

AT&T's repeated missteps were bad enough that they resulted in an investor backlash, the "retirement" of former AT&T CEO Randall Stephenson, and a newfound focus on firing more people than ever to recover debt. As is often the case, lower and mid-level management has to pay the cost for years of higher level managerial dysfunction. As is also often the case, the majority of press outlets that were eager to parrot AT&T's pre-merger promises are utterly absent when it comes time to tally the human cost of mindless merger mania.

Filed Under: layoffs, mergers, promises
Companies: at&t, dc comics, hbo, time warner

AT&T Ditches $15 TV Service It Used As Regulator Bait To Seal Time Warner Merger

from the history-repeats-itself dept

You may be shocked to learn this, but nearly all of the promises AT&T made in the lead up to its $86 billion merger with Time Warner wound up not being true.

The company's promise that the deal wouldn't result in price hikes for consumers? False. The company's promise the deal wouldn't result in higher prices for competitors needing access to essential AT&T content like HBO? False. AT&T's promise they wouldn't hide Time Warner content behind exclusivity paywalls? False. The idea that the merger would somehow create more jobs at the company? False.

Last week, yet another AT&T promise disappeared without much fanfare or notice. Ahead of the Time Warner merger, AT&T promised regulators the deal would directly culminate in the release of a cheaper, $15 per month TV service dubbed AT&T Watch. This $15 service was highly promoted not only in AT&T filings, but during its court defense of the merger by the CEO himself:

"Watch" will be different because it will not include any sports channels. This will enable AT&T to sell it for $15 a month, compared to $35 a month for DirecTV Now. Stephenson brought it up on the stand in the context of AT&T's streaming businesses. He testified that AT&T does not want to stop innovation in streaming services and brought up the new skinny bundle.

But with the deal approved, it didn't take long for AT&T's discount offering to disappear. By last fall, AT&T had begun backpedaling on the offer, and last week announced it would be discontinuing the offer entirely. Only a handful of reporters in the space (like Jared Newman) correctly called the promotion out as bullshit from the start:

"The whole thing was an obvious PR ploy from the start, and now with the acquisition fading into the rear view, there’s little reason to keep the service going any longer. The company never got around to adding Roku support for Watch TV, and it stopped giving the service away with unlimited data plans last October. Those who want to get a streaming TV service from AT&T can turn to one of its broader and more expensive packages instead—with prices starting at $55 per month.

Irony being that due to incompetence, AT&T's grand merger ambitions (or its lobbying assault on net neutrality) didn't even actually help it dominate the TV space, at least not yet. The mergers saddled AT&T with so much debt, the company immediately turned around and imposed rate hikes. Those hikes, in turn, drove TV customers to the exits by the millions, since the whole point of "cutting the cord" is to get away from ridiculously bloated cable TV bills. It's part of the reason that AT&T CEO Randall Stephenson is now an ex-CEO, somewhere napping on a giant pile of money.

In short, much like the $42 billion tax cut AT&T nabbed from the Trump administration (that resulted in 41,000 layoffs), AT&T made a long list of promises that wound up being completely hollow. This was all laid out to US District Judge Richard Leon during the merger trial, yet Leon still ignored all of the warnings and rubber stamped the deal without a single condition. At absolutely no point did Leon in his absurd ruling recognize the threat of AT&T owning both a monopoly over broadband and a massive media empire in charge of content needed by competitors (who also were quickly subjected to price hikes).

All of this was obvious to anybody that has paid attention to the fact that AT&T has a thirty year history of making all manner of promises in exchange for deregulation, tax cuts, regulatory favors, and merger approvals that almost universally wind up being complete bullshit. But like the last dozen or so times we've been through this, absolutely nobody on any level of government will try to hold AT&T accountable, lest they put campaign contributions in jeopardy.

Filed Under: at&t watch, competition, merger, promises, tv
Companies: at&t, time warner

'Job Creating' Sprint T-Mobile Merger Triggers Estimated 6,000 Non-Covid Layoffs

from the empty-promises dept

Back when T-Mobile and Sprint were trying to gain regulatory approval for their $26 billion merger, executives repeatedly promised the deal would create jobs. Not just a few jobs, but oodles of jobs. Despite the fact that US telecom history indicates such deals almost always trigger mass layoffs, the media dutifully repeated T-Mobile and Sprint executive claims that the deal would create "more than 3,500 additional full-time U.S. employees in the first year and 11,000 more people by 2024."

About that.

Before the ink on the deal was even dry, T-Mobile began shutting down its Metro prepaid business and laying off impacted employees. When asked about the conflicting promises, T-Mobile refused to respond to press inquiries. Now that shutdown has accelerated, with estimates that roughly 6,000 employees at the T-Mobile subsidiary have been laid off as the freshly-merged company closes unwanted prepaid retailers. T-Mobile says the move, which has nothing to do with COVID-19, is just them "optimizing their retail footprint." Industry insiders aren't amused:

"Peter Adderton, the founder of Boost Mobile in Australia and in the U.S. who has been a vocal advocate for the Boost brand and for dealers since the merger was first proposed, figures the latest closures affect about 6,000 people. He cited one dealer who said he has to close 95 stores, some as early as May 1.

In their arguments leading up to the merger finally getting approved, executives at both T-Mobile and Sprint argued that it would not lead to the kind of job losses that many opponents were predicting. They pledged to create jobs, not cut them.

“The whole thing is exactly how we called it, and no one is calling them out. It’s so disingenuous,” Adderton told Fierce, adding that it’s not because of COVID-19. Many retailers in other industries are closing stores during the crisis but plan to reopen once it’s safe to do so."

None of this should be a surprise to anybody. Everybody from unions to Wall Street stock jocks had predicted the deal would trigger anywhere between 15,000 and 30,000 layoffs over time as redundant support, retail, and middle management positions were eliminated. It's what always happens in major US telecom mergers. There is 40 years of very clear, hard data speaking to this point. Yet in a blog post last year (likely to be deleted by this time next year), T-Mobile CEO John Legere not only insisted layoffs would never happen, he effectively accused unions, experts, consumer groups, and a long line of economists of lying:

"This merger is all about creating new, high-quality, high-paying jobs, and the New T-Mobile will be jobs-positive from Day One and every day thereafter. That’s not just a promise. That’s not just a commitment. It’s a fact....These combined efforts will create nearly 5,600 new American customer care jobs by 2021. And New T-Mobile will employ 7,500+ more care professionals by 2024 than the standalone companies would have."

That was never going to happen. Less competition and revolving door, captured regulators and a broken court system means there's less than zero incentive for T-Mobile to do much of anything the company promised while it was wooing regulators. And of course such employment growth is even less likely to happen under a pandemic, which will provide "wonderful" cover for cuts that were going to happen anyway.

Having watched more telecom megadeals like this than I can count, what usually happens is the companies leave things generally alone for about a year to keep employees calm and make it seem like deal critics were being hyperbolic. Then, once the press and public is no longer paying attention (which never takes long), the hatchets come out and the downsizing begins. When the layoffs and reduced competition inevitably arrives, they're either ignored or blamed on something else. In this case, inevitably, COVID-19.

In a few years, the regulators who approved the deal will have moved on to think tank, legal or lobbying positions at the same companies they "regulated." The same press that over-hyped pre-merger promises won't follow back up, because there's no money in that kind of hindsight policy reporting or consumer advocacy. And executives like John Legere (who just quit T-Mobile after selling his $17.5 million NYC penthouse to Giorgio Armani) are dutifully rewarded, with the real world market and human cost of mindless merger mania quickly and intentionally forgotten.

Filed Under: consolidation, jobs, layoffs, mergers, promises
Companies: sprint, t-mobile

Want To Know Why U.S. Broadband Is A Bad Joke? Take a Close Look at Frontier Communications

from the ill-communication dept

In telecom policy circles, there's an army of "experts" who twist themselves into pretzels trying to pretend U.S. telecom is a healthy, normal, vibrant market. Blinded by partisan loyalties, sector financial links, or ideologies embedded decades ago, they're incapable of even acknowledging that Americans pay too much money for spotty, substandard service with historically terrible customer support. They're even less likely to acknowledge the corruption, regulatory capture, and lack of competition that made this dysfunction possible. If it is acknowledged, it's downplayed to a comical degree.

As in the Ma Bell days, at the heart of U.S. broadband dysfunction sits phone companies. Providers, that have long refused to upgrade their aging DSL networks despite millions in taxpayer subsidies, lobby for state laws that ensure nobody else can deliver broadband in these neglected footprints either. These are companies that have a bizarre disdain for their paying customers, delivering the bare minimum (slow DSL) at the highest rates they can possibly charge without a full-scale consumer revolt. It's not surprising, then, that many telco DSL customers are fleeing to cable, assuming they even have a second broadband option.

This dynamic often results in some almost comedic dysfunction.

Like in West Virginia, where incumbent telco Frontier has repeatedly been busted in a series of scandals involving substandard service and the misuse of taxpayer money. The graft and corruption in the state is so severe, state leaders have buried reports detailing the depth of the problem, and, until recently, a Frontier executive did double duty as a state representative without anybody in the state thinking that was a conflict of interest.

But it's not just West Virginia. Frontier has since been under investigations from New York to Minnesota for failing to upgrade or even repair its aging network, at points putting human lives at risk. The company has also been repeatedly under fire for blatantly ripping its users off. For example, it has been charging its customers a rental fee for modems they already own. Very rarely do you see state leaders stand up to the company. And you'll certainly never see any kind of substantive pushback by the current, industry-captured FCC.

Customers who can leave (usually to the other end of the duopoly, Comcast), have been fleeing whenever possible, resulting in a looming bankruptcy by the company. In a report to investors this week we're only now starting to finally see something close to truth from the company as it tries to own up to its incompetence. Frontier had apparently tried to redact much of the report detailing the scope of network neglect, but appears to have bungled that as well:

"For example, one redacted sentence says that "Frontier WV's copper network has at least 952,163 connection points that are susceptible to moisture, corrosion, loose connections, etc. that may cause interruptions of service to customers."...The failed redaction of the number of connection points was coupled with failed redactions about the age of the network. The consultant firm's report said that 46.8 percent of Frontier's West Virginia network is between 36 and 47 years old. Both the percentage and the numbers of years were unsuccessfully "redacted" by Frontier.

The report makes it clear that the company probably shouldn't have engaged in mindless M&As, acquiring unwanted aging phone networks from AT&T and Verizon in "growth for growth's sake." Many of those deals were completely bungled and saddled the company with unneeded debt. Most should have been blocked by regulators and lawmakers who were too busy kissing the company's ass. Frontier also should have invested money back into the network to build a stronger company and retain subscribers, instead of engaging in repeated stock buybacks.

There are two reasons the company didn't do better on these fronts. One is sniveling, feckless, U.S. regulators and cash-compromised state and federal lawmakers, who rubber stamp every merger thrown on their desks, and refuse to hold politically powerful monopolies accountable. The other? A lack of competition across most of Frontier's territories:

"So why would a company like Frontier not immediately hit the upgrade button and start a massive copper retirement-fiber upgrade plan to keep the company in the black? In short, Frontier has survived chronic underinvestment because of a lack of broadband competition. Nearly two million Frontier customers have only one choice for internet access: Frontier. For another 11.3 million, there is only one other choice – a cable company that many detest. Frontier has enjoyed its broadband monopoly/duopoly for at least two decades. So long as its customers have fewer options, Frontier is under less pressure to invest in upgrades."

There were ample opportunities for state and federal leaders to step in and correct these problems, while embracing pro-competition policies that minimized the need for government involvement. Instead we let a regional monopoly dictate state and federal policy, and now act surprised when the end result is a smoldering dumpster fire. Granted as Frontier stumbles toward bankruptcy most of its debt will be wiped clean, nobody in the U.S. will learn anything from the process, and a universe of "very serious telecom policy thinkers" will continue to turn a blind eye to the entire mess as history repeats itself.

Filed Under: broadband, cable, competition, corruption, dsl, fcc, promises, subsidies, west virginia
Companies: frontier

AT&T Jacks Up TV Prices Post Merger After Repeatedly Claiming That Wouldn't Happen

from the price-hikes-for-everyone dept

You may be shocked to learn this, but nearly all of the promises AT&T made in the lead up to its $86 billion merger with Time Warner wound up not being true.

The company's promise that the deal wouldn't result in price hikes for consumers? False. The company's promise the deal wouldn't result in higher prices for competitors needing access to essential AT&T content like HBO? False. AT&T's promise they wouldn't hide Time Warner content behind exclusivity paywalls? False. The idea that the merger would somehow create more jobs at the company? False.

This was all laid out to US District Judge Richard Leon during the trial (twice), who ignored all of the warnings and rubber stamped the deal without a single condition. At absolutely no point did Leon in his absurd ruling recognize the threat of AT&T owning both a monopoly over broadband and a massive media empire in charge of content needed by competitors. And when lawyers and economists warned him that kind of power would only lead to higher rates, he almost happily ignored them.

Fast forward a year or so and AT&T is already imposing another significant hike on its TV customers (both traditional and streaming). New and existing users are seeing price hikes upwards of $10 to $15 per month. It's the second price hike in less than a year. And despite being the broadcaster in this equation, AT&T blamed the hikes on broadcasters:

"In the email to customers that one customer shared with Ars, AT&T blamed the price increase on rising programming costs. Of course, AT&T itself is partly responsible for rising programming costs because it now owns Time Warner. AT&T told a federal judge last year that its acquisition of Time Warner would "enable the merged company to reduce prices," but it's been the opposite in reality."

Funny, that. One of the reason for the hikes is AT&T needs to pay down debt from its 2015 acquisition of DirecTV ($67 billion) and the 2018 acquisition of Time Warner ($86 billion). AT&T thought it could simply just merge its way to video advertising market dominance. But after hiking prices to recoup this debt, consumers are fleeing AT&T's services at an alarming rate. While AT&T is an incredible political tactician, it's just another example of how the government-pampered monopoly can't help but do a face plant any time bare-knuckled competition is required.

The saga again points to a US regulatory and legal system that has effectively given up on consumer protection or enforcing antitrust law, and the end result couldn't be more obvious (or so you'd think).

Filed Under: competition, consumer welfare, doj, fcc, fees, merger, prices, promises, tv
Companies: at&t

Telecom Union Got Hoodwinked Into Supporting AT&T's Shitty Merger

from the ill-communication dept

You may be shocked to learn this, but nearly all of the promises AT&T made in the lead up to its $86 billion merger with Time Warner wound up not being true.

The company's promise that the deal wouldn't result in price hikes for consumers? False. The company's promise the deal wouldn't result in higher prices for competitors needing access to essential AT&T content like HBO? False. AT&T's promise they wouldn't hide Time Warner content behind exclusivity paywalls? False. The idea that the merger would somehow create more jobs at the company? False.

Of course the press and public aren't the only folks AT&T misled. To glean the support of the telecom sector's biggest union, the Communications Workers of America, AT&T apparently promised that newly acquired Time Warner (and subsidiary) workers would be able to join the union. But when the time came to actually allow those employees in, guess what? AT&T suddenly declared that wouldn't be happening for the vast majority of them:

"Of about 22,000 U.S. employees who previously worked at Time Warner, AT&T claimed the agreement applies to at most 82, a union official wrote in a letter attached to a June court filing. CWA, which already represents about 90,000 AT&T employees, has asked a judge to order arbitration. In May, the company asked that the case be dismissed, saying the company has “the right to determine” which employees are covered by unionization provisions."

Granted if you spend five seconds looking at the history of major mergers in the telecom and media space, none of this should be surprising.

Merger after merger, a universe of amazing promises are revealed that post deal, never actually materialize. Any conditions that are affixed are usually theatrically hollow, and adherence to them is rarely enforced. In AT&T's case, not a single merger condition was affixed to the deal, thanks in large part to a comically-myopic ruling by U.S. District Court Judge Richard Leon, who was oblivious to AT&T's plan to use the death of net neutrality, regulatory capture at the FCC, and ownership of essential content as a competitive bludgeon in the streaming wars to come.

At some point, you'd think that major telecom unions would stop supporting megadeals that almost uniformly result in higher prices, less competition, and fewer jobs (given redundant positions are pretty uniformly eliminated a year or two after the ink is dry). But the CWA pretty routinely can't help itself; it also breathlessly supported AT&T's 2011 merger with T-Mobile, which was ultimately blocked for being exceptionally terrible. Fortunately the CWA seems to recognize the latest megamerger proposal, T-Mobile's planned $26 billion merger with Sprint, is going to be bad for the sector as well.

At some point you'd think that everybody in the chain, from unions and consumers to the press and antitrust enforcers, would realize these industry megadeals are almost always uniformly harmful. Pre-merger promises never materialize, prices routinely go up, and job losses abound; yet each and every time there's a new megadeal proposed we appear to have learned nothing, just like some purgatorial version of Charlie Brown and Lucy football.

Filed Under: mergers, promises, telcos, unions
Companies: at&t, communications workers of america, cwa

AT&T Breaks Another Merger Promise In Making 'Friends' Exclusive

from the who-could-have-predicted-it dept

Last year AT&T defeated the DOJ's challenge to the company's $86 billion merger with Time Warner thanks to a comically narrow reading of the markets by U.S. District Court Judge Richard Leon. At no point in his original 172-page ruling (which approved the deal without a single condition) did Leon show the faintest understanding that AT&T intends to use vertical integration synergistically with the death of net neutrality and neutered FCC oversight to dominate smaller competitors and tilt the entire internet ecosystem in its favor.

While the DOJ lost its original case, it was quick to appeal late last year, highlighting how within weeks of the deal AT&T had jacked up prices on consumers and competitors like Dish Network, which says it was forced to pull HBO from its lineup because it could no longer afford the higher rates.

Critics of the merger had also pointed out how AT&T would likely use the deal to increasingly make content exclusive to its own service, making it harder for competitors to access it. If you'll recall, this was something AT&T CEO Randall Stephenson also insisted wouldn't happen when addressing a Senate antitrust subcommittee pre-merger:

"Nor is there any reason to believe we could use Time Warner programming or AT&T networks to hurt related markets. Simply put, it would be irrational business behavior to do so. Time Warner's programming is more valuable when distributed to as many eyes as possible. Moreover, in order to have great programming, it is imperative that we attract great creative talent to develop it. The best way to attract that talent is through widespread distribution of Time Warner content."

Of course this week AT&T announced it would be taking content like Friends and making it exclusive to its own streaming platforms, including its new looming HBO Max service:

"AT&T will start restricting some Time Warner shows to its own streaming service, despite previously telling the government that it would distribute Time Warner content as widely as possible.

WarnerMedia, the division AT&T created when it bought Time Warner, today announced a new online streaming service called "HBO Max." HBO Max will debut in the spring of 2020 and include exclusives that will no longer be available on other streaming platforms."

On its surface this doesn't seem like that big of a deal. After all, Friends is an old show, and most users probably won't care. And it's certainly not the only show getting this treatment (Comcast NBC Universal just made The Office exclusive to its streaming platform, and Disney is also pulling Netflix content for exclusive use on its own looming Disney+ service). But more broadly, the more essential content AT&T makes exclusive to its own platform (especially and likely inevitably, HBO), the more difficult it will be to compete with AT&T. Knowing AT&T, there's going to be far more exclusives where this came from.

This is all before you even get to net neutrality and AT&T's domination in broadband, which has allowed it to behave anti-competitively in different, even more problematic ways (like only imposing arbitrary usage caps if you use a competitor's service). Letting companies like Comcast NBC Universal and AT&T Time Warner dominate both the conduit and the content will ultimately result in a universe of headaches for competitors and consumers alike. And Judge Leon's failure to see (or acknowledge) this will be a "gift" that keeps on giving for the next decade.

The other major problem these ongoing exclusives have is they increasingly force consumers to hunt and peck through a growing, cumbersome list of subscription services just to find the content they're looking for. And if subscription price and ease of use isn't managed carefully, it's simply going to drive frustrated users back to piracy. And when that happens, history suggests these companies will blame everybody and everything (ban VPNS!) but themselves for it.

All of that said, I'm not sure banning exclusive content deals is the answer. What would be at least part the answer for maintaining healthier markets? Finally realizing that endless media consolidation and mindless mega-mergers are generally harmful to the media and telecom sector (as now AT&T owned HBO and DC comics employees are just starting to figure out post merger). And that the long list of promises made in the ramp up to such super unions are almost always uniformly empty. There are fifty years of data for clear supporting evidence, especially in telecom.

Filed Under: content, friends, lies, mergers, promises, silos, streaming
Companies: at&t, hbo, netflix, time warner