AT&T

at&t-sues-broadcom-for-refusing-to-renew-perpetual-license-support

AT&T sues Broadcom for refusing to renew perpetual license support

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AT&T vs. Broadcom —

Ars cited in lawsuit AT&T recently filed against Broadcom.

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Signage is displayed outside the Broadcom offices on June 7, 2018 in San Jose, California.

AT&T filed a lawsuit against Broadcom on August 29 accusing it of seeking to “retroactively change existing VMware contracts to match its new corporate strategy.” The lawsuit, spotted by Channel Futures, concerns claims that Broadcom is not letting AT&T renew support services for previously purchased perpetual VMware software licenses unless AT&T meets certain conditions.

Broadcom closed its $61 billion VMware acquisition in November and swiftly enacted sweeping changes. For example, in December, Broadcom announced the end of VMware perpetual license sales in favor of subscriptions of bundled products. Combined with higher core requirements per CPU subscription, complaints ensued that VMware was getting more expensive to work with.

AT&T uses VMware software to run 75,000 virtual machines (VMs) across about 8,600 servers, per the complaint filed at the Supreme Court of the State of New York [PDF]. It reportedly uses the VMs to support customer service operations and for operations management efficiency.

AT&T feels it should be granted a one-year renewal for VMware support services, which it claimed would be the second of three one-year renewals to which its contract entitles it. According to AT&T, support services are critical in case of software errors and for upkeep, like security patches, software upgrades, and daily maintenance. Without support, “an error or software glitch” could result in disruptive failure, AT&T said.

AT&T claims Broadcom refuses to renew support and plans to terminate AT&T’s VMware support services on September 9. It asked the court to stop Broadcom from cutting VMware support services and for “further relief” deemed necessary. The New York Supreme Court has told Broadcom to respond within 20 days of the complaint’s filing.

In a statement to Ars Technica, an AT&T spokesperson said: “We have filed this complaint to preserve continuity in the services we provide and protect the interests of our customers.”

AT&T accuses Broadcom of trying to make it spend millions on unwanted software

AT&T’s lawsuit claims that Broadcom has refused to renew support services for AT&T’s perpetual licenses unless AT&T agrees to what it deems are unfair conditions that would cost it “tens of millions more than the price of the support services alone.”

The lawsuit reads:

Specifically, Broadcom is threatening to withhold essential support services for previously purchased VMware perpetually licensed software unless AT&T capitulates to Broadcom’s demands that AT&T purchase hundreds of millions of dollars’ worth of bundled subscription software and services, which AT&T does not want.

After buying VMware, Broadcom consolidated VMware’s offering from about 8,000 SKUs to four bundles, per Channel Futures. AT&T claims these subscription offerings “would impose significant additional contractual and technological obligations.” AT&T claims it might have to invest millions to “develop its network to accommodate the new software.”

VMware and AT&T’s agreement precludes “Broadcom’s attempt to bully AT&T into paying a king’s ransom for subscriptions AT&T does not want or need, or risk widespread network outages,” AT&T reckons.

In its lawsuit, AT&T claims “bullying tactics” were expected from Broadcom post-acquisition. Quoting Ars Technica reporting, the lawsuit claims that “Broadcom wasted no time strong-arming customers into highly unfavorable subscription models marked by ‘steeply increased prices[,]’ ‘refusing to maintain security conditions for perpetual license[d] [software,]’ and threatening to cut off support for existing products already licensed by customers—exactly as it has done here.'”

“Without the Support Services, the more than 75,000 virtual machines operated by AT&T⸺impacting millions of its customers worldwide⸺would all be just an error or software glitch away from failing,” AT&T’s lawsuit says.

Broadcom’s response

In the lawsuit, Broadcom alleges that AT&T is not eligible to renew support services for a year because it believes AT&T was supposed to renew all three one-year support service plans by the end of 2023.

In a statement to Ars Technica, a Broadcom company spokesperson said:

Broadcom strongly disagrees with the allegations and is confident we will prevail in the legal process. VMware has been moving to a subscription model, the standard for the software industry, for several years – beginning before the acquisition by Broadcom. Our focus will continue to be providing our customers choice and flexibility while helping them address their most complex technology challenges.

Communications for Office of the President, first responders could be affected

AT&T’s lawsuit emphasizes that should it lose support for VMware offerings, communications for the Office of the President and first responders would be at risk. AT&T claims that about 22,000 of its 75,000 VMs relying on VMware “are used in some way to support AT&T’s provision of services to millions of police officers, firefighters, paramedics, emergency workers and incident response team members nationwide… for use in connection with matters of public safety and/or national security.”

When reached for comment, AT&T’s spokesperson declined to comment on AT&T’s backup plan for minimizing disruption should it lose VMware support in a few days.

Ultimately, the case centers on “multiple documents involved, and resolution of the dispute will require interpretation as to which clauses prevail,” Benjamin B. Kabak, a partner practicing in technology and outsourcing at the Loeb & Loeb LLP New York law firm, points out. 

AT&T sues Broadcom for refusing to renew perpetual license support Read More »

at&t-rebuked-over-misleading-ad-for-nonexistent-satellite-phone-calling

AT&T rebuked over misleading ad for nonexistent satellite phone calling

ast spacemobile, AT&T, at&t satellite calling, Policy, satellite calling / /

Remember 5GE? —

AT&T reluctantly adds disclaimer: “Satellite calling is not currently available.”

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A gloved hand holds a phone while making a call. The screen shows an AT&T logo and the text,

Enlarge / Screenshot from AT&T commercial featuring Ben Stiller making a satellite call to Jordan Spieth.

AT&T has been told to stop running ads that claim the carrier is already offering cellular coverage from space.

AT&T intends to offer Supplemental Coverage from Space (SCS) and has a deal with AST SpaceMobile, a Starlink competitor that plans a smartphone service from low-Earth-orbit satellites. But AST SpaceMobile’s first batch of five satellites isn’t scheduled to launch until September.

T-Mobile was annoyed by AT&T running an ad indicating that its satellite-to-cellular service was already available, and filed a challenge with the advertising industry’s self-regulatory system run by BBB National Programs. The BBB National Advertising Division (NAD) ruled against AT&T last month and the carrier appealed to the National Advertising Review Board (NARB), which has now also ruled against AT&T.

“It was not disputed that AT&T does not currently offer SCS coverage to its cellular customers… Therefore, the NARB panel recommended that AT&T discontinue the claim that SCS service is presently available to consumers or modify the claim to clearly and conspicuously communicate that SCS is not available at this time,” the NARB said in an announcement yesterday.

AT&T, which is also famous for renaming its 4G service “5GE,” reluctantly agreed to comply with the recommendation and released a new version of the satellite-calling commercial with more specific disclaimers. “AT&T supports NARB’s self-regulatory process and will comply with NARB’s decision… However, we respectfully disagree with NARB’s conclusion recommending that the commercial be discontinued or modified,” AT&T said in its statement on the decision.

The challenged advertisement, titled “Epic Bad Golf Day,” features actor Ben Stiller looking for a golf ball in various remote locations.

“The commercial near the end shows Mr. Stiller having finally caught up with his golf ball in a desert wasteland… He then places a cellular phone call to champion golfer Jordan Spieth, shown standing on a golf green, presumably so that Mr. Spieth can offer golfing advice,” the NARB ruling said. “An image in the commercial shows the call from Mr. Stiller to Mr. Spieth connecting through a satellite relay. Another visual shows Mr. Stiller’s phone stating that it is ‘Making satellite connection.'”

AT&T: Commercial shouldn’t be taken literally

AT&T’s appeal “points to a number of fanciful/ludicrous features of the commercial in Mr. Stiller’s golf ball odyssey to argue that reasonable consumers will not receive a message that satellite service is currently available, but will understand that AT&T is burnishing its brand by pointing to technological features currently under development,” the panel wrote.

T-Mobile countered “that the use of humor does not shield an advertiser from its obligation to ensure that claims are truthful and non-misleading,” and the NARB agreed.

“The panel views the humorous/fanciful nature of Mr. Stiller’s antics as a means of attracting the attention of viewers, but also as a means of emphasizing the utility of SCS technology—allowing for calls to be placed from remote locations not currently accessible to mobile service,” the industry self-regulatory group said. “The humor associated with Mr. Stiller’s golf misadventures does not cancel out the consumer communication that SCS service is currently available. In addition, the panel does not accept AT&T’s argument that the panel’s decision (or NAD’s decision being appealed) will interfere with the use of humor in advertising.”

The ad originally included small text that described the depicted satellite call as a “demonstration of evolving technology.” The text was changed this week to say that “satellite calling is not currently available.”

“Even assuming consumers will read [the disclaimer], one reasonable interpretation of ‘evolving technology’ is that the technology is currently available, albeit expected to improve in the future,” the NARB said.

The original version also had text that said, “the future of help is an AT&T satellite call away.” The NARB concluded that this “statement can be interpreted reasonably as stating that ‘future’ technology has now arrived. The next visual reinforces that message, as it shows Mr. Stiller communicating on a cell phone call while in a remote location, and the accompanying visual states ‘connecting changes everything,’ a message addressing the present, not the future.”

In the updated version of the ad, AT&T changed the text to say that “the future of help will be an AT&T satellite call away.”

AT&T rebuked over misleading ad for nonexistent satellite phone calling Read More »

big-three-carriers-pay-$10m-to-settle-claims-of-false-“unlimited”-advertising

Big Three carriers pay $10M to settle claims of false “unlimited” advertising

AT&T, Policy, T-Mobile, unlimited data, verizon / /

False advertising —

States obtain settlement, but it’s unclear whether consumers will get refunds.

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The word,

Verizon

T-Mobile, Verizon, and AT&T will pay a combined $10.2 million in a settlement with US states that alleged the carriers falsely advertised wireless plans as “unlimited” and phones as “free.” The deal was announced yesterday by New York Attorney General Letitia James.

“A multistate investigation found that the companies made false claims in advertisements in New York and across the nation, including misrepresentations about ‘unlimited’ data plans that were in fact limited and had reduced quality and speed after a certain limit was reached by the user,” the announcement said.

T-Mobile and Verizon agreed to pay $4.1 million each while AT&T agreed to pay a little over $2 million. The settlement includes AT&T subsidiary Cricket Wireless and Verizon subsidiary TracFone.

The settlement involves 49 of the 50 US states (Florida did not participate) and the District of Columbia. The states’ investigation found that the three major carriers “made several misleading claims in their advertising, including misrepresenting ‘unlimited’ data plans that were actually limited, offering ‘free’ phones that came at a cost, and making false promises about switching to different wireless carrier plans.”

“AT&T, Verizon, and T-Mobile lied to millions of consumers, making false promises of free phones and ‘unlimited’ data plans that were simply untrue,” James said. “Big companies are not excused from following the law and cannot trick consumers into paying for services they will never receive.”

States have options for using money

The carriers denied any illegal conduct despite agreeing to the settlement. In addition to payments to each state, the carriers agreed to changes in their advertising practices. It’s unclear whether consumers will get any refunds out of the settlement, however.

The settlement gives states leeway in how to use the payments from carriers. The payments can be used to cover “attorneys’ fees and other costs of investigation and litigation,” or can go toward “consumer protection law enforcement funds.”

States can use the payments for future consumer protection enforcement, consumer education, litigation, or a consumer aid fund. The money can also be used for “monitoring and potential enforcement” of the settlement terms “or consumer restitution,” the settlement says.

We asked James’ office about whether any consumer restitution is planned and will update this article if we get a response.

Advertising restrictions

The three carriers agreed that all advertisements to consumers must be “truthful, accurate and non-misleading.” They also agreed to the following changes, the NY attorney general’s office said:

  • “Unlimited” mobile data plans can only be marketed if there are no limits on the quantity of data allowed during a billing cycle.
  • Offers to pay for consumers to switch to a different wireless carrier must clearly disclose how much a consumer will be paid, how consumers will be paid, when consumers can expect payment, and any additional requirements consumers have to meet to get paid.
  • Offers of “free” wireless devices or services must clearly state everything a consumer must do to receive the “free” devices or services.
  • Offers to lease wireless devices must clearly state that the consumer will be entering into a lease agreement.
  • All “savings” claims must have a reasonable basis. If a wireless carrier claims that consumers will save using its services compared to another wireless carrier, the claim must be based on similar goods or services or differences must be clearly explained to the consumer.

The advertising restrictions are to be in place for five years.

T-Mobile provided a statement about the settlement to Ars today. “After nine years, we are glad to move on from this industry-wide investigation with this settlement and a continued commitment to the transparent and consumer-friendly advertising practices we’ve undertaken for years,” T-Mobile said.

AT&T and Verizon declined to comment individually and referred us to their lobby group, CTIA. “These voluntary agreements reflect no finding of improper conduct and reaffirm the wireless industry’s longstanding commitment to clarity and integrity in advertising so that consumers can make informed decisions about the products and services that best suit them,” the wireless lobby group said.

Big Three carriers pay $10M to settle claims of false “unlimited” advertising Read More »

at&t-announces-$7-monthly-add-on-fee-for-“turbo”-5g-speeds

AT&T announces $7 monthly add-on fee for “Turbo” 5G speeds

AT&T, Net Neutrality, Policy / /
A pedestrian walks past a large AT&T logo on the glass exterior of an AT&T store.

Getty Images | Bloomberg

AT&T is now charging mobile customers an extra $7 per month for faster wireless data speeds. AT&T says the Turbo add-on, available starting today, is “built to support high-performance mobile applications, like gaming, social video broadcasting and live video conferencing, with optimized data while customers are on the go.”

While Turbo “boosts all the high-speed and hotspot data on a user’s connection,” AT&T said the difference will be more noticeable for certain kinds of applications. For example, gaming applications using Turbo will experience “less freezing or stuttering and lower latency,” AT&T said.

The $7 charge is for each line. Adding Turbo to multiple lines on the same account requires paying the extra fee for each line. AT&T said that Turbo lets users “optimize their plan’s high-speed (premium) and hotspot data allotments” and provides better data performance “even during busy times on the network.”

Turbo is only available for 5G phones on certain “unlimited” plans. AT&T notes that “Turbo does not provide extra data” and that “if you exceed your existing allotments your normal network management applies.”

“On AT&T Unlimited Extra EL after 75GB, AT&T may temporarily slow data speeds if the network is busy,” the company says. “On each eligible plan, after you exceed your hotspot allotment, your hotspot speeds are slowed to a maximum of 128Kbps.”

People who pay extra for Turbo might want to look at their video settings. By default, AT&T limits video streaming to DVD quality, but customers can turn on high-definition video at the expense of using more data.

Quality of service

An article by The Mobile Report said that AT&T will differentiate between users who pay for Turbo and those who don’t with Quality of Service Class Identifiers, or QCIs. “We’re told that, basically, all eligible plans are now moved to QCI 8, and get the privilege of buying their way back into QCI 7,” the article said. QCI 6 is reportedly reserved for public safety professionals on the FirstNet service built by AT&T under a government contract.

AT&T confirmed to Ars today that Turbo “is assigned to a QCI to which some of our consumer traffic was previously assigned.” But AT&T said it has “materially modified it and increased network resources and relative weighting for AT&T Turbo traffic, thereby creating a higher level of performance than we’ve ever before offered to consumers.”

AT&T also said that QCIs “are simply a number assigned to a class of service,” and that the “treatment and performance of traffic in a particular class is affected by a range of variables that can be tuned to provide different experiences.” AT&T said that last summer, it “rationalized and streamlined how our plans are mapped to QCI levels” and that “these changes helped optimize network performance for our overall customer base.”

The current version of Turbo may be followed by other paid extras that enhance performance, as AT&T called it the “first step in modernizing and preparing our mobile network for future innovative use cases… Latency-sensitive applications will continue to need more enhanced network technologies to perform their best, so we plan to continue to advance and evolve AT&T Turbo.”

AT&T announces $7 monthly add-on fee for “Turbo” 5G speeds Read More »

fcc-fines-big-three-carriers-$196m-for-selling-users’-real-time-location-data

FCC fines big three carriers $196M for selling users’ real-time location data

AT&T, Location Data, Policy, T-Mobile, verizon / /
Illustration with a Verizon logo displayed on a smartphone in front of stock market percentages in the background.

Getty Images | SOPA Images

The Federal Communications Commission today said it fined T-Mobile, AT&T, and Verizon $196 million “for illegally sharing access to customers’ location information without consent and without taking reasonable measures to protect that information against unauthorized disclosure.”

The fines relate to sharing of real-time location data that was revealed in 2018. The FCC proposed the fines in 2020, when the commission had a Republican majority, and finalized them today.

All three major carriers vowed to appeal the fines after they were announced today. The three carriers also said they discontinued the data-sharing programs that the fines relate to.

The fines are $80.1 million for T-Mobile, $57.3 million for AT&T, and $46.9 million for Verizon. T-Mobile is also on the hook for a $12.2 million fine issued to Sprint, which was bought by T-Mobile shortly after the penalties were proposed over four years ago.

Today, the FCC summarized its findings as follows:

The FCC Enforcement Bureau investigations of the four carriers found that each carrier sold access to its customers’ location information to “aggregators,” who then resold access to such information to third-party location-based service providers. In doing so, each carrier attempted to offload its obligations to obtain customer consent onto downstream recipients of location information, which in many instances meant that no valid customer consent was obtained. This initial failure was compounded when, after becoming aware that their safeguards were ineffective, the carriers continued to sell access to location information without taking reasonable measures to protect it from unauthorized access.

“Shady actors” got hold of data

The problem first came to light with reports of customer location data “being disclosed by the largest American wireless carriers without customer consent or other legal authorization to a Missouri Sheriff through a ‘location-finding service’ operated by Securus, a provider of communications services to correctional facilities, to track the location of numerous individuals,” the FCC said.

Chairwoman Jessica Rosenworcel said that news reports in 2018 “revealed that the largest wireless carriers in the country were selling our real-time location information to data aggregators, allowing this highly sensitive data to wind up in the hands of bail-bond companies, bounty hunters, and other shady actors. This ugly practice violates the law—specifically Section 222 of the Communications Act, which protects the privacy of consumer data.”

For a time after the 2018 reports, “all four carriers continued to operate their programs without putting in place reasonable safeguards to ensure that the dozens of location-based service providers with access to their customers’ location information were actually obtaining customer consent,” the FCC said.

The three carriers are ready to challenge the fines in court. “This industry-wide third-party aggregator location-based services program was discontinued more than five years ago after we took steps to ensure that critical services like roadside assistance, fraud protection and emergency response would not be disrupted,” T-Mobile said in a statement provided to Ars. “We take our responsibility to keep customer data secure very seriously and have always supported the FCC’s commitment to protecting consumers, but this decision is wrong, and the fine is excessive. We intend to challenge it.”

FCC fines big three carriers $196M for selling users’ real-time location data Read More »

at&t:-data-breach-affects-73-million-or-51-million-customers-no,-we-won’t-explain.

AT&T: Data breach affects 73 million or 51 million customers. No, we won’t explain.

AT&T, Biz & IT, Data breaches, Identity theft, Security / /

“SECURITY IS IMPORTANT TO US” —

When the data was published in 2021, the company said it didn’t belong to its customers.

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AT&T: Data breach affects 73 million or 51 million customers. No, we won’t explain.

Getty Images

AT&T is notifying millions of current or former customers that their account data has been compromised and published last month on the dark web. Just how many millions, the company isn’t saying.

In a mandatory filing with the Maine Attorney General’s office, the telecommunications company said 51.2 million account holders were affected. On its corporate website, AT&T put the number at 73 million. In either event, compromised data included one or more of the following: full names, email addresses, mailing addresses, phone numbers, social security numbers, dates of birth, AT&T account numbers, and AT&T passcodes. Personal financial information and call history didn’t appear to be included, AT&T said, and data appeared to be from June 2019 or earlier.

The disclosure on the AT&T site said the 73 million affected customers comprised 7.6 million current customers and 65.4 million former customers. The notification said AT&T has reset the account PINs of all current customers and is notifying current and former customers by mail. AT&T representatives haven’t explained why the letter filed with the Maine AG lists 51.2 million affected and the disclosure on its site lists 73 million.

According to a March 30 article published by TechCrunch, a security researcher said the passcodes were stored in an encrypted format that could easily be decrypted. Bleeping Computer reported in 2021 that more than 70 million records containing AT&T customer data was put up for sale that year for $1 million. AT&T, at the time, told the news site that the amassed data didn’t belong to its customers and that the company’s systems had not been breached.

Last month, after the same data reappeared online, Bleeping Computer and TechCrunch confirmed that the data belonged to AT&T customers, and the company finally acknowledged the connection. AT&T has yet to say how the information was breached or why it took more than two years from the original date of publication to confirm that it belonged to its customers.

Given the length of time the data has been available, the damage that’s likely to result from the most recent publication is likely to be minimal. That said, anyone who is or was an AT&T customer should be on the lookout for scams that attempt to capitalize on the leaked data. AT&T is offering one year of free identity theft protection.

AT&T: Data breach affects 73 million or 51 million customers. No, we won’t explain. Read More »

epa-expands-“high-priority”-probe-into-at&t,-verizon-lead-contaminated-cables

EPA expands “high priority” probe into AT&T, Verizon lead-contaminated cables

AT&T, Environmental Protection Agency, EPA, lead contamination, lead exposure, Policy, telcos, telecommunications companies, verizon / /
EPA expands “high priority” probe into AT&T, Verizon lead-contaminated cables

The Environmental Protection Agency (EPA) is expanding its investigation into potential risks posed by lead-covered cables installed nationwide by major telecommunications companies, The Wall Street Journal revealed in an exclusive report Thursday.

After finding “more than 100 readings with elevated lead near cables,” the EPA sent letters to AT&T and Verizon in December, requesting a meeting later this month, the Journal revealed. On the agenda, the EPA expects the companies to share internal data on their own testing of the cables, as well as details from any “technical reports related to the companies’ testing and sampling,” the WSJ reported.

The EPA’s investigation was prompted by a WSJ report published last July, alleging that AT&T, Verizon, and other companies were aware that thousands of miles of cables could be contaminating soils throughout the US, “where Americans live, work and play,” but did nothing to intervene despite the many public health risks associated with lead exposure.

In that report, tests showed that the telecom cables were likely the source of lead contaminated soils because “the amount measured in the soil was highest directly under or next to the cables and dropped within a few feet.” WSJ also spoke to residents and former telecom employees in areas tested who had contracted illnesses commonly linked to lead exposure.

Immediately, WSJ’s report spurred lawmakers to demand a response from USTelecom—a telecommunications trade association representing companies accused—with Senator Ed Markey (D-Mass.) suggesting that telecom giants were seemingly committing “corporate irresponsibility of the worst kind.”

Since then, the EPA has followed up and developed “its own testing data” in West Orange, New Jersey, southwest Pennsylvania, and Louisiana—the same locations flagged by the WSJ. In all locations, the EPA found lead contamination exceeding the “current recommendation for levels of lead it believes are generally safe in soil where children play,” 400-parts-per-million, the WSJ reported. In West Orange, two testing sites found lead “at 3,300 parts per million or higher.”

According to the EPA, initial testing by a national working group led to a conclusion that none of these sites poses an immediate health risk or requires an emergency response, but that finding hasn’t stopped the probe. The EPA told the WSJ that it still needs to address unanswered questions to decide “whether further actions may be required to address risks from the lead-containing cables.”

“While some locations sampled show concentrations above screening levels for long term exposures, existing data is not sufficient to determine whether lead from the cables poses a threat, or a potential threat, to human health or the environment,” the EPA said in a Reuters report.

Companies maintain that evidence from their own testing has shown lead cables do not pose public health risks requiring remediation.

USTelecom, speaking on behalf of Verizon and other telecom companies, told the WSJ that “our industry has been engaging with the EPA and our companies look forward to meeting with the EPA to discuss agency and industry testing results. We will continue to follow the science, which has not identified that lead-sheathed telecom cables are a leading cause of lead exposure or the cause of a public health issue.”

AT&T told the WSJ that it “will continue to work collaboratively with the EPA as it undertakes its review of lead-clad telecommunications cables. We look forward to the opportunity to meet with the EPA to discuss recent testing and other evidence that contradicts the Wall Street Journal’s assertions.”

An EPA spokesperson, Nick Conger, told Bloomberg that there is no date set for the meeting yet.

EPA expands “high priority” probe into AT&T, Verizon lead-contaminated cables Read More »