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AT&T Violated Rule Requiring Low Prices For Schools, FCC Says (arstechnica.com)

Jon Brodkin, reporting for Ars Technica: AT&T overcharged two Florida school districts for phone service and should have to pay about $170,000 to the U.S. government to settle the allegations, the Federal Communications Commission said yesterday. AT&T disputes the charges and will contest the decision. The FCC issued a Notice of Apparently Liability (NAL) to AT&T, an initial step toward enforcing the proposed punishment. The alleged overcharges relate to the FCC's E-Rate program, which funds telecommunications for schools and libraries and is paid for by Americans through surcharges on phone bills. The FCC said AT&T should have to repay $63,760 it improperly received from the FCC in subsidies for phone service provided to Orange and Dixie Counties and pay an additional fine of $106,425. AT&T prices charged to the districts were almost 400 percent higher than they should have been, according to the FCC. AT&T violated the FCC's "lowest corresponding price rule" designed to ensure that schools and libraries "get the best rates available by prohibiting E-Rate service providers from charging them more than the lowest price paid by other similarly situated customers for similar telecommunications services," the FCC said. Instead of charging the lowest available price, "AT&T charged the school districts prices for telephone service that were magnitudes higher than many other customers in Florida," the FCC said. Between 2012 and 2015, the school districts paid "some of the highest prices in the state... for basic telephone services."

58 comments

  1. Its ok to fuck the normal people in the ass by Anonymous Coward · · Score: 0, Interesting

    but the schools are financed by the state, and we have to take money from the military to afford it, so please dont fuck with them. You are free to fuck the normal people though. Have a great time, your government.

    1. Re:Its ok to fuck the normal people in the ass by Anonymous Coward · · Score: 0

      It's not OK for them to fuck anyone in the ass. All asses matter.

    2. Re:Its ok to fuck the normal people in the ass by Anonymous Coward · · Score: 0

      It's not OK for them to fuck anyone in the ass. All asses matter.

      Except my black ass, apparently. Its still okay to fuck black people in the ass when they apply for mortgages and car loans, for phone service, when driving, in the courts, in public schools, and when it comes to access to healthy food options in largely black neighborhoods. Apparently.

    3. Re:Its ok to fuck the normal people in the ass by Anonymous Coward · · Score: 0

      It's not OK for them to fuck anyone in the ass. All asses matter.

      Except my black ass, apparently. Its still okay to fuck black people in the ass when they apply for mortgages and car loans, for phone service, when driving, in the courts, in public schools, and when it comes to access to healthy food options in largely black neighborhoods. Apparently.

      Damn skippy. Unfortunately this site is infested with, all asses matter, gamergaters, and privileged white libertarians.

  2. Where will the money go? by Atticka · · Score: 2

    Why doesn't the $170K go directly to the school district? I doubt the FCC has anything to do with ensuring the school districts budgets are compensated.

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    No sig here...
    1. Re:Where will the money go? by aristotle-dude · · Score: 0

      Why doesn't the $170K go directly to the school district? I doubt the FCC has anything to do with ensuring the school districts budgets are compensated.

      Are you expecting the victims to be compensated? That does not happen with civilian victims either. The government agencies love to enrich themselves from the misery of others.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Where will the money go? by LWATCDR · · Score: 1

      If I read the summary correctly the Schools will get about 106k for the over charging and the FCC will get the rest since they failed to qualify for the subsidy.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:Where will the money go? by Anonymous Coward · · Score: 0

      Because the bill was paid for with monies received from the FCC?
      It was never the schools money, it was money received from surcharges on phone bills that were paid for with subsidies from the FCC. The FCC is the one that got screwed here.

      You and the other poster replying to you should be ashamed, its in the freaking summary.

      The FCC said AT&T should have to repay $63,760 it improperly received from the FCC in subsidies for phone service provided to Orange and Dixie Counties and pay an additional fine of $106,425.

      Emphasis mine.

    4. Re:Where will the money go? by Anonymous Coward · · Score: 0

      Go reread the summary and then come back and apologize.

    5. Re:Where will the money go? by Aqualung812 · · Score: 1

      Why doesn't the $170K go directly to the school district? I doubt the FCC has anything to do with ensuring the school districts budgets are compensated.

      TL;DR: AT&T stole from the FCC, not the school.

      The school district agreed to the terms and signed the contract.

      The money goes back to the FCC because AT&T gets money FROM the FCC to make up for the discount.

      It isn't that AT&T is forced to discount, they're just supposed to bill the FCC for the difference between the discount and full price.

      Since AT&T didn't discount to the right amount, they owe the FCC back that money.

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      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    6. Re:Where will the money go? by Atticka · · Score: 1

      From the summary

      "AT&T overcharged two Florida school districts for phone service"
      "AT&T prices charged to the districts were almost 400 percent higher than they should have been"
      "AT&T violated the FCC's "lowest corresponding price rule" designed to ensure that schools and libraries "get the best rates available by prohibiting E-Rate service providers..."
      "AT&T charged the school districts prices for telephone service that were magnitudes higher than many other customers in Florida,"

      So, where in the summary does it actually say the FCC pays for the services themselves? AT&T should repay $63,760 it improperly received from the FCC in subsidies and the fine should go the school district to cover their high telecom costs.

      If we want to argue what the summary says, it specifically calls out the fact that the districts we're over charged AND AT&T improperly received the subsidies (and it wasn't FCC money, the subsidies specifically come from a surcharge on everyone's phone bills... so that was OUR money).

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    7. Re:Where will the money go? by Stephenmg · · Score: 1

      It doesn't say anything about any of this money going to the schools. It says ATT will have to repay the reimbursement from the FCC plus 106k fine. It doesn't even say if the money will go into E-Rate. I'd hope that at least what ever the school districts out of pocket expense is refunded.

    8. Re:Where will the money go? by Stephenmg · · Score: 1

      Not how E-rate works. Schools get a reimbursement or discount on services based on Free and Reduced lunch percentage from the previous year. It looks like Orange County's rate is 61% so they probably had to pay about $40k So if the FCC was screwed then so was the school district.

    9. Re:Where will the money go? by Atticka · · Score: 1

      TL;DR your wrong, please go read the summary again.

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      No sig here...
    10. Re:Where will the money go? by Atticka · · Score: 1

      "you're"

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      No sig here...
    11. Re:Where will the money go? by Aqualung812 · · Score: 1

      From TFS:

      The FCC said AT&T should have to repay $63,760 it improperly received from the FCC in subsidies for phone service provided to Orange and Dixie Counties and pay an additional fine of $106,425.

      So, clearly the $63,760, that it received from the FCC, is the FCC's money. They're getting it back.

      The $106,425 is a fine for breaking the law. The FCC gets that money for dealing with this pain in the ass.

      If someone drives too fast down my street and gets a ticket, I don't get a cut of that ticket, even though the driver wronged me by being dangerous on the street my kids play near.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    12. Re:Where will the money go? by uvajed_ekil · · Score: 1

      Yeah, right. If they charged 400% of what was allowed, the fine should be at least 400% of that 400% (and then some, for chronic offenders, or 4000% - multiply their BS by a factor of ten), with a hefty portion of that going to the injured party. If we can penalize individual citizens with punitive prison terms that are the harshest in the Western world, in the name of deterrence, why can't we levy equally crippling fines against giant corporations who continue to prey on us with impunity? If you don't hit the big dogs on their bottom line they'll continue to do as they please and simply consider the prevailing, easily absorbed fines a part of the cost of doing business, rather than truly trying to play by the rules we set.

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    13. Re:Where will the money go? by Coren22 · · Score: 1

      There is nothing stopping the school district from also bringing their own suit for being overcharged.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  3. For those who may have forgotten by Anonymous Coward · · Score: 2, Insightful

    The old AT&T was broken up into seven smaller companies for very good reasons in the early 80s. Over time, those seven companies have coalesced, and we now have just two left: AT&T and Verizon. It is high time to break them up again lest the monster will arise again.

    1. Re:For those who may have forgotten by Anonymous Coward · · Score: 0

      Honestly, breaking ma bell up did jack shit. It turned one giant monopolistic monster into a bunch of smaller monopolistic monsters. Don't like your phone service? Now you can choose! Choose to move across the country to get service from a different shitty baby bell! Yay for trustbusting!

    2. Re:For those who may have forgotten by dgatwood · · Score: 3, Interesting

      Are you kidding? The breakup removed Bell's ability to prevent people from attaching arbitrary non-Bell equipment to the phone lines, which made modems practical, which basically made the Internet viable. It also made multiple long distance carriers available to a lot more people than had options previously, which was responsible for a lot of the cash that Sprint eventually used to build a cellular network. So basically, we have the Internet and multiple cellular carriers because the government broke up Ma Bell.

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    3. Re:For those who may have forgotten by Anonymous Coward · · Score: 2, Informative

      The carterphone decision in 1968 - long before the breakup in January of 1982 - is what allowed devices to be hooked up to the pots

      from Wikipedia:
      This particular device was involved in a landmark United States regulatory decision related to telecommunications. In 1968, the Federal Communications Commission allowed the Carterfone and other devices to be connected directly to the AT&T network, as long as they did not cause harm to the system. This ruling (13 F.C.C.2d 420) created the possibility of selling devices that could connect to the phone system using a protective coupler, and opened the market to customer-owned equipment.

    4. Re:For those who may have forgotten by dgatwood · · Score: 1

      That certain was an important decision, but the Bell System was still requiring customers to have expensive coupler equipment installed for many years afterwards (that article was from 1974). Those couplers involved transformers that would have made even 56k modems impractical, much less DSL.

      For sure, where I lived, the Bell breakup was the dividing line, after which we were allowed to buy phones from someone other than the phone company. I still remember when we got our first non-Bell telephone, though I was a young kid at the time, and it was after Bell broke up. More amusingly, we weren't even in Bell territory; we were served by GTE. That's how wide-ranging the implications of the breakup were. It rocked the industry, and changed things pretty dramatically for the better.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  4. How many times... by Anonymous Coward · · Score: 2, Insightful

    Do these communication providers have to get caught with their hands in the cookie jar before real action is taken to punish and prevent them from doing this? I'm talking rate regulation, maximum entitled profit, and punitive damages awarded to the state to regulate, and jail time for knowing violators. If you're not sure you're ripping off your customer, give them a better deal.

    This is a true tragedy of the commons. You rarely see this kind of nonsense with actual, regulated utilities. Communication is so integral to modern life's success and survival it ought to be equitably regulated to ensure access.

    1. Re:How many times... by MillionthMonkey · · Score: 3, Funny

      Don't you worry. After this election we'll eliminate oversized regulatory agencies like the FCC that are full of unelected, unaccountable bureaucrats who make it harder for small businesses like AT&T to come up with new business models (such as throttling websites that don't pay extortion fees).

  5. Re:MILLENNIAL SNOWFLAKES WHINING by Anonymous Coward · · Score: 0

    Your posts are certainly crybaby bullshit. How many articles in a row have you spammed with it?

    Take your meds and have a nap.

  6. Was Slashdot bought by Conde Nast? by CaptSlaq · · Score: 1

    The Ars Technica cross posting is a bit baffling.

  7. Headlines by Anonymous Coward · · Score: 0

    I didn't know they'd changed the name to ATampT. That's much better.

  8. Why are they using E-rate at all? by sims+2 · · Score: 1

    I keep wondering why they are still using the expensive T1 lines (I think they are up to a T2 line now) when there are three seprate companies that offer business class broadband service to the school.

    How much does E-rate subsidise the T1's down to for it to be a better deal than a 50/50Mbps $157/mo business fiber line?

    It's not faster or more reliable so why is it that much cheaper?

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    Minimum threshold fixed. Thanks!
    1. Re:Why are they using E-rate at all? by sims+2 · · Score: 1

      Just to note I wasn't talking about the schools in TFA but the schools here in town are still on t1 lines or something else from that same venue.

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      Minimum threshold fixed. Thanks!
    2. Re:Why are they using E-rate at all? by Anonymous Coward · · Score: 0

      The school district I work for doesn't use T1 lines for data, we use them for voice trunk lines to POTS. We also have competitive bid for such services. For data, 10 gig fiber backbone between buildings. We've had the fiber for over 10 years with connection speeds getting faster as hardware has been replaced. We have 1 gig connection to the internet. I'm guessing we'll have go even faster soon with the amount of devices and programs that are now in schools. E-rate helps with all of this. The reimbursement rate is dependent on the Free and Reduced lunch percentage. Some services are Category 1 and others are Category 2. Category 1 is always funded an includes internet connection and telephone access. Category 2 is once every 5 years and is things like WiFi and switches.

    3. Re:Why are they using E-rate at all? by Stephenmg · · Score: 1

      I'd be shocked if they are unless its very rural and that's the only option. It may feel like its a T1 when using if they haven't kept up with demand.

    4. Re:Why are they using E-rate at all? by sims+2 · · Score: 1

      3Mbps at 11:00PM at night?

      No thats as fast as the line goes... it can't be a single t1 but it could be two t1s bonded.

      I just can't figure it out...

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      Minimum threshold fixed. Thanks!
  9. VoIP phones by mi · · Score: 1

    we now have just two left: AT&T and Verizon.

    Not true at all — any Internet-service provider would do. I use two different ones, actually, with 4 different phone numbers. The total monthly cost is about $7 (of which the biggest single part is the "911 fee"). A single phone system handles all the complexity and can route incoming calls to different accounts to different extensions. A problem solved years ago.

    My Internet is, incidentally, through Verizon's FiOS, but Comcast cables are going to our neighbors' house from the same pole, which delivers Verizon's fiber to ours. Should FiOS misbehave, I'll switch to Comcast in a jiffy... I wish there were even more options, but so far we are fine...

    --
    In Soviet Washington the swamp drains you.
  10. Adult baby goes BOOM! by Anonymous Coward · · Score: 0

    Seriously, don't you realize that this has nothing to do with millennials. Boomers along with every other tax-paying member of the school district would have been the ones overtaxed. I would tell you to stop yelling at passers by from your porch rocking-chair but I think you are already off your rocker! Please baby boomers: stop blaming the victims of the idiotic policies that were drafted under your watch with talk of walking uphill both ways in sleet and wrapping your feet in newspapers.

  11. command economies by Anonymous Coward · · Score: 0

    suck

    re-elect no one.

  12. So fire the school principals! by mi · · Score: 1

    Instead of charging the lowest available price, "AT&T charged the school districts prices for telephone service that were magnitudes higher than many other customers in Florida," the FCC said.

    If true, then the school principals and techies in the affected school-districts should be fired.

    Whoever approved the bills for payments didn't do their job. They should've asked the question: why is my school billed at a higher rate, than I'm paying at home? But they didn't, because it is not their money and their captive "customers" have no other choice anyway... No wonder, the per-pupil costs of public schools quadrupled since 1960-ies — with no improvement in quality to show for it...

    That said, $170K seems like small potatoes. It is the sort of money, AT&T may choose to pay (without admitting guilt) just to save money on lawyers. FCC may have a case, or they may be engaged in malicious prosecution — chances are good, we'll never know.

    --
    In Soviet Washington the swamp drains you.
    1. Re:So fire the school principals! by Anonymous Coward · · Score: 0

      If true, then the school principals and techies in the affected school-districts should be fired.

      Whoever approved the bills for payments didn't do their job. They should've asked the question: why is my school billed at a higher rate, than I'm paying at home?

      The term you want is accountants, because they're the ones who handle the money side of things.

      School principals, while they do handle some finances are likely concerned for the school, and IT services are most often district-wide, so not a school-based problem.

      And I wouldn't expect any accountant to relate the price for a whole school district's telecom to their home price, those are not related. It'd be better to compare to other school districts.

      But they didn't, because it is not their money and their captive "customers" have no other choice anyway... No wonder, the per-pupil costs of public schools quadrupled since 1960-ies — with no improvement in quality to show for it...

      If you're concerned about the due diligence of your local school system, go right ahead, but those costs are often quite misleading. For example, one expensive factor is the provision of services to the disabled, who in prior years would be an expense on another part of society.

    2. Re:So fire the school principals! by Karl+Cocknozzle · · Score: 1

      They should've asked the question: why is my school billed at a higher rate, than I'm paying at home

      You're making an apples to zebras comparison: Residential telephone services are significantly cheaper than business services--such a disparity is by design. The phone company charges more to businesses because they're using the lines to make a profit and the phone company knows that business customers can't live without phone lines.

      Without access to another comparably sized organizations business telephone billing records, this would be very tough for the school to even check, if not impossible.

      The way to work around this is that there are companies whose entire reason for existence is to analyze telephone bills for businesses, governments, and other organizations. They have access to telephone bills from various customers, and probably would have noticed pretty quickly if such a scheme were in progress.

      --
      Who did what now?
    3. Re:So fire the school principals! by Stephenmg · · Score: 1

      They also get a Service Level Agreement. If your home internet connection goes down, AT&T might be out next week to fix it, business and enterprise class services, might be on the way before you hang up the phone. This is the biggest reason they cost more as well. I got to call Dell once on a server with a bad memory module, server was still running, had a guy at our door in a few hours to put the new one in.

  13. Overcharging by QlooQl · · Score: 1

    At least they provided the service. Our company has narrowly missed winning the contracts to install Wifi in hundreds of Florida schools. In one county they've let the contract 3x, paid millions each time and still there is no Wifi for the students.

  14. Ajit Pal by whoever57 · · Score: 2
    And once again, Ajit Pal shows clearly where his whole head is stuck:

    The NAL was issued by the FCC's Democratic majority, with Republicans Michael O'Rielly and Ajit Pai dissenting.

    Has this guy ever objected to any action by a telecom company?

    --
    The real "Libtards" are the Libertarians!
    1. Re:Ajit Pal by Anonymous Coward · · Score: 0

      Of course not. He's a Republican.

    2. Re:Ajit Pal by cdrudge · · Score: 1

      His last name is spelled Pai. And no. Well, he did object once when he was still a Verizon lawyer but that was for a motion by an opposing telecom council so I'm not sure if that counts.

    3. Re:Ajit Pal by DRJlaw · · Score: 2

      And once again, Ajit Pal shows clearly where his whole head is stuck:

      From Ars:
      "Pai issued a statement saying he agrees "that AT&T may have violated that rule in Florida" but says the FCC acted too late, after the one-year statute of limitations. The FCC decision claims that AT&T's 'violations are continuing because the forms have not been corrected and AT&T has retained the excessive reimbursements,' even though the last charges were collected on June 1, 2015."

      It's not stuck in the same place in this case. Using a novel theory to essentially eliminate the statute of limitations for an offense doesn't exactly make my heart sing.

  15. Eye for an eye by Anonymous Coward · · Score: 0

    At&t over charged by %400, the fine should be %400 of what they have to repay (about $64,000 * 4)

  16. Fascism... by Bartles · · Score: 1

    ...is what this economic system is called. Private ownership of industry with total government control and regulation. You fuck over a school district? You will pay fines to the Feds because they say so. When things go south, the Feds just blame all our problems on industry, and continue to fuck things up.

    1. Re:Fascism... by uvajed_ekil · · Score: 1

      ...is what this economic system is called. Private ownership of industry with total government control and regulation. You fuck over a school district? You will pay fines to the Feds because they say so. When things go south, the Feds just blame all our problems on industry, and continue to fuck things up.

      Wrong. If there were total government control over anything then we wouldn't see these types of shenanigans everywhere we look, because even fascists are less obviously biased in favor of big business than our government. Our system is capitalism run amok, with complete and utter regulatory incompetence and impotence overseeing it. That's not fascism, just failure.

      --
      This is a hacked account, for which the owner can not be held responsible.
    2. Re:Fascism... by Bartles · · Score: 1

      Do you really think that a fascist government is any more competent at regulation? Capitalism requires free market principles. Something that is rapidly disappearing in the united states.

  17. More money for cronies! by Anonymous Coward · · Score: 0

    That's right, it goes to the government, and that means more money for cronies.

  18. Working at school right now, so I'll AC this... by Anonymous Coward · · Score: 1

    But here's how E-Rate works, and what AT&T did...

    E-Rate money never goes to schools, and was never setup to go to schools, in order to avoid fraud. (Ex: I bid out a project, quote it for a million, get the check, then order something cheaper and pocket the difference.) It goes to vendors, and vendors either charge districts the difference (no school gets 100%, but compensation varies depending on free & reduced lunch rates) or they charge them the full amount then send them a rebate check at the end of the year.

    I've been doing this for 12 years, and telephone services (which are being phased out, by the way) rarely if ever are competitively bid. Since telcos are often regional monopolies, you receive the service in your area, still jump through the competitive bid hoops, then award the contract to the local Telco. But the FCC then holds telcos responsible for not milking districts, just because they can. No one in a district knows or cares what phone services are supposed to cost. We just pay the bill. In this case, the FCC is saying that AT&T inflated rates for school districts above what they charged other similarly sized & configured private clients.

  19. free market by Anonymous Coward · · Score: 0

    ... the school districts paid "some of the highest prices in the state...

    Why couldn't the school, or municipal council, act directly? Why did it take 3 years for the federal government to respond? When schools need a law to ensure they get a fair price, there is something wrong with market forces. The fact the carrier committed price-gouging anyway, reveals it thought it wouldn't be punished.

  20. Rates are ridiculous here too by Anonymous Coward · · Score: 0

    There's a lot of that going on in WI as well. The state's Badgernet circuits ( AT&T is the primary vendor ) pulls $1746/mo for a 10 Mbps circuit ( page 2 of https://det.wi.gov/Documents/DET_RatesFY17final.pdf ). Gotta love how the telco lobbyists pay off the politicians.

  21. Baby bells by Anonymous Coward · · Score: 0

    Does anyone remember when the government stepped in to break up telecom monopolies? Pepperidge Farm remembers.

  22. ×oe×oe by Anonymous Coward · · Score: 0

    ×××