OT>> Bell Atlantic Maintains Monopoly, Blocks Consumer Choice Through Widespread Systems, Quality Failures for Competitors
November 6, 1998
NEW YORK, Nov. 5 Challenging Bell Atlantic's (NYSE: BEL) claims that it has opened its local telephone monopoly to real competition, AT&T (NYSE: T) today provided detailed evidence of systemic failures in virtually all aspects of Bell Atlantic's provisioning operations that competitors need to serve New York consumers with improved and lower cost local telephone service.
In a filing with the New York State Public Service Commission (NYPSC), AT&T cites numerous instances of Bell Atlantic missing installation deadlines, prematurely cutting off dial-tone for some customers switching to AT&T, and refusing to address service problems.
"We can minimize the adverse impact of Bell Atlantic's deplorable performance when we're dealing with a handful of orders for large business by spending a lot of time, effort and money," said Michael Morrissey, AT& T's vice president of law and government affairs. "But for AT&T, or any other Competitive Local Exchange Company, to effectively move substantial numbers of smaller customers -- particularly residential consumers and small businesses -- from Bell Atlantic's network to its own requires efficient, reliable systems and processes to assure that customers receive continuous service.
"Bell Atlantic has demonstrated that it cannot yet handle the task at hand and the independent NYPSC test as currently structured does not address these problems, but we wouldn't be surprised if the test is amended to include these operational issues."
In fact, AT&T said, Bell Atlantic failed to meet basic five-day service-delivery deadlines, an industry standard, about 95 percent of the time during the last three months. Its actual service-delivery interval over this three-month period was more than 15 days.
"Unless Bell Atlantic is made to address these serious problems, the vast majority of consumers in the Empire State will never be able to enjoy the benefits of competitive local telephone services," said Morrissey. At issue is the implementation of procedures and work performance that determine whether customers who have opted to switch local service providers can be transitioned, or "cut over," to their new carrier of choice without fear of service disruptions.
Since concluding its merger with Teleport Communications Group in July, AT& T began to send hundreds of "cut over" orders for business customers to Bell Atlantic each month. While far short of the tens of thousands of such orders that Bell Atlantic would be expected to process in a fully competitive consumer marketplace, the requests provide some insights into Bell Atlantic's inability to handle these orders on a commercial basis, Morrissey said. The data compiled by AT&T and filed with the NYSPSC show that Bell Atlantic cannot deliver service within intervals that could be considered commercially reasonable or nondiscriminatory. For example:
-- Bell Atlantic is supposed to provide a firm commitment of service
delivery to AT&T within 48 hours of receiving an order. It is late
more than 85 percent of the time, with actual average intervals ranging
from six to 10 days.
-- Bell Atlantic's firm order commitment is supposed to provide AT&T with
a date on which the cut over is promised, so AT&T can perform its part
of the cut over and inform the customer when to expect AT&T service.
Bell has been late in meeting its own committed due dates, on average,
46 percent of the time. Its delivery is late by an average of more
than three days. Delays of this sort could cause serious disruption to
customer service, and in some cases would leave consumers with no local
telephone service whatsoever, AT&T said.
-- Other Bell Atlantic systems also perform poorly. A recent AT&T review
found 15 percent of all lines switched to AT&T service by Bell Atlantic
were improperly deleted from Bell Atlantic's directory assistance
databases. While AT&T can manually monitor this problem and get Bell
Atlantic to properly list a small number of business orders, it will be
impossible to do this for thousands of consumer orders.
"We now have empirical evidence that Bell Atlantic's failures are preventing consumers from having a competitive choice by preventing mass-market competition for consumers in the local market from taking root," said Morrissey. "As a result of these and other problems with Bell Atlantic's systems and processes, and despite great efforts by AT&T to overcome these problems, we believe that Bell Atlantic causes a serious service disruption to at least one in every four customer lines it has cut over for AT&T."
While AT&T has been forced to incur substantial additional expense to ensure that these business customers receive the quality of service to which they are entitled, neither AT&T nor any other local service competitor could sustain such disruptions in serving the mass market for consumers and small businesses. Bell Atlantic is, quite simply, blocking the benefits of competition for the vast majority of New York consumers.
SOURCE AT&T |