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Cablevision Sues Verizon Over FiOS Ads
After FCC Data Shows They Deliver 90% of Advertised Speeds
Cablevision took a massive public relations beating four months ago after an FCC study showed that the company failed to provide the speeds they advertised 50% of the time. Since then we'd noted that Cablevision had been quietly bumping delivered speeds, and yesterday the FCC confirmed that Cablevision had made serious strides over the last four months -- now delivering advertised speeds 90% of the time during peak hours. It didn't take long for Cablevision to seize on the announcement, and the company has filed a new lawsuit against Verizon for false advertising.

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In a statement to the press, Cablevision says that despite the FCC's announcement only popping up yesterday, both Cablevision and Verizon had been aware of Cablevision's improvements for some time -- and after private conversation Verizon has refused to stop running ads that use the older FCC data. From the statement:

The FCC recently reported that Cablevision is delivering substantially faster Internet speeds than Verizon’s ads claim they are. In fact, Cablevision’s average download speeds are in excess of 90 percent of advertised broadband speeds during peak hours of use, and are above 100 percent of advertised speeds on a 24-hour basis. Despite being fully aware of these facts, Verizon has refused to stop running its ads. Despite extensive communication between Cablevision and Verizon, and Verizon’s knowledge that the advertising is false, the phone company has continued its campaign on television, radio, print, in direct mail and on its website. The complaint contends that in doing so, Verizon is knowingly misleading consumers.

Verizon sent Broadband Reports their own statement saying they plan to "vigorously" fight the lawsuit:

Verizon's ads are based on the FCC's months-long study of Internet speeds, released just last August that found Cablevision provided customers on average just a bit more than half of the Internet speed it advertised during peak hours of Internet usage. In terms of the accuracy of its advertising, Cablevision was the worst. Verizon will defend Cablevision's lawsuit vigorously to ensure that consumers continue to receive truthful information about Cablevision's misleading Internet speed claims.

As is usually the case, by the time this dispute is settled Verizon will have moved on to a new suite of ads anyway. We're interested in why the FCC only released data on Cablevision. Other carriers, like Frontier Communications scored poorly (delivering 67% of advertised speeds during peak hours) but the FCC didn't feel it necessary to deliver updates on their progress. We'll assume the FCC wanted to show how they were able to institute change simply by using data, though it would be nice to see if ISP's like Frontier (in the less competitive markets FCC policy hasn't done much about) cared quite as much about their poor showing.

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watice

join:2008-11-01
New York, NY

harsh

LOL. I just saw one of these commercials this morning (on FIOS) and couldn't help but wonder how CV was taking such a harsh PR hit.

If CV doesn't like it, they should run equally harsh ads! Alls fair.
axus

join:2001-06-18
Washington, DC

Re: harsh

I don't think lying in an advertisement is fair. Haven't seen the ads, but if Verizon were careful to always say "according to the August 2011 study" they could probably defend themselves.

keyboards

join:2001-02-14
Doylestown, PA

Re: harsh

said by axus:

I don't think lying in an advertisement is fair. Haven't seen the ads, but if Verizon were careful to always say "according to the August 2011 study" they could probably defend themselves.

I can't speak for the TV version, but the radio version (heard on 104.3 FM from NYC) very clearly states that the data is based on the August 2, 2011 FCC report. I would assume they were just as careful on the TV ad.
--
REMEMBER: Stupidity should be painful !!

The Rocker

@comcast.net

Re: harsh

I have not heard the add personally but I know that Verizon loves to bend the truth. FIOS is not all that it's cracked up to be.I have a friend in Staten Island NY who swears up and down by it but her sister who lives in Florida has FIOS and her internet speed is not what she had in NY and her HD TV picture is sucky. I recently moved to an area where FIOS is available and was told that i can not get it because i live in an MDU. ( Multiple Dwelling Unit) despite the fact each unit has it's own Network interface box. Secondly the place I had moved from had FIOS cable laid out almost 3 years ago but yet it has not rolled out. Also the clam that it is all fiber to the house may be true but once it gets hooked up it reverts back to copper cable. Verizon and AT&T Both lie
ITALIAN926

join:2003-08-16
kudos:1
Reviews:
·Verizon FiOS

Re: harsh

Not what its all cracked up to be? My 35/35 FiOS service gets me 42down 33 up with 8 ms pings. According to speedtest.net, my connection is better than 99% of the country.

P.S. Their entry service which is 15/5 gets most customers 20/6. That connection is probably faster than 80% of ALL internet connections in this country. Actually, Im curious. Someone with 15/5 go to speedtest.net and tell me what % of the country you are faster than.

RealHempman

@verizon.net

Re: harsh

I have basic 15/5 FiOs. I just ran the test.

I got:
18410 dl
10244 ul


FutureX2001

join:2000-10-25
Perris, CA

Re: harsh



35/35 Package
ITALIAN926

join:2003-08-16
kudos:1
Reviews:
·Verizon FiOS

Re: harsh

Waaah No fair ! The West Coast gets more upload on their 35/35's !


RealHempman

@verizon.net

Re: harsh

I am just jealous of people who can pay for the extra bandwidth. As a hard core gamer, I'd love to have your bandwidth to run both the host and join the game.

RealHempman

@verizon.net
said by The Rocker:

Also the clam that it is all fiber to the house may be true but once it gets hooked up it reverts back to copper cable.

I have FiOs. In a multiple dwelling building (here we call them apartment houses). The fiber comes out of the ground at the front of the building and into a network box. The line for each apartment splits out there and goes ALL FIBER into each unit (apartment). I can literally see the fiber coming out of the ceiling, into a joiner box. Then, another fiber link comes out (the thing is thinner than a really cheap speaker wire - besides the marking printed right on it marking it as fiber, it clearly could not be copper - copper this thin would not service TV/Phone/Internet). This thin fiber goes into the network interface where TV breaks out into a wire cable, Phone into the phone line and Internet is into an Actiontech modem that provides either a network cable or wireless.

My wireless (Connected to a desktopo on the other end of the apartment which is supposed to be 15/5) consistently gets over 18 and over 11. The wired desktop is getting the same exact speeds.

In our multiple dwelling building (apartment house) what it took to get connected was a petition with all residents signing a promise to get minimal one year subscriptions. Within the month, we were wired and connected.
nightjars

join:2010-01-09
Bothell, WA
Reviews:
·Frontier FiOS
said by The Rocker:

Also the clam that it is all fiber to the house may be true but once it gets hooked up it reverts back to copper cable.

Why would you care? Fiber isn't some magical thing that makes stuff go fast. Single mode fiber optics (what FiOS uses) is just very useful for covering long distances with very large amounts of bandwidth. Once its covered the distance and is inside your house, there is no reason for it to remain fiber optic. Within your own house, copper Ethernet works just fine.
LurkerLito

join:2004-06-08
The TV ad does say it's based of August 2011 FCC findings in the small fine print.

RARPSL

join:1999-12-08
Suffern, NY
said by axus:

I don't think lying in an advertisement is fair. Haven't seen the ads, but if Verizon were careful to always say "according to the August 2011 study" they could probably defend themselves.

That is in small print on the chart. The ad (which has been revised and I saw tonight on CBS) has a voice over that calls the report "A Recent Report from the FCC)" giving the erroneous impression that the report is current or the latest report. Since the latest report does not show this status and VZ knew this before releasing this revised ad, it is a lie. If there was no newer data from the FCC, then using a 4 month old report (which is identified as such) would be ok. When they knew that it is a misrepresentation of the actual current status (which they knew from CV telling them that the stats were no longer valid and that the FCC was going to report this) they should have had a new ad in the can which did not lie and was thus ready to use once the FCC had released their new report. Note that this is not a case where the FCC had released new numbers with no warning (thus blindsiding VZ) where some delay in creating and releasing a new set of ads and continuing to run the old (and now misleading) ads MIGHT be justified.
ITALIAN926

join:2003-08-16
kudos:1

1 edit
Yes, and new Cablevision ads claims they are 3times faster than FiOS. :rolleyes: Oh, and they are also "the fastest internet in America" When FiOS can deliver 150Mbps. sigh.
bobny1

join:2004-09-10
Bronx, NY

Re: harsh

not on my neck of the woods!. OOL fluctuates so much during the day and night that is hard to predict. During the day it can slow so much that it feels like the old 56k line. In the evening it won't go above 6 or 7 Mbps and only when I stay up late at night or weekends I can see the pig fly. So, why are they arguing about Verizon allegations?. Perhaps their executives are using Verizon an have no clue about their own network. Just like Hp exec. using a McBook.

The Rocker

@comcast.net
»www.zdnet.com/blog/btl/comcast-n···de/59712

Fios can claim any speed they want but some how all the reults I have found disprove it
ITALIAN926

join:2003-08-16
kudos:1

Re: harsh

Hey rocker your article states "12 Mbps to 105 Mbps," well guess what? FiOS offers 15Mbps to 150 Mbps. Learn the facts.

The Rocker

@comcast.net

Re: harsh

I just now saw a commercial for Comcast saying they offer the fastest internet speed in the nation. According to the truth in advertising laws they would not be able to make that claim if it wasn't true. As stated in another reply VZ has run the fiber lines almost 3 years ago where i was living but till this day has not ramped up any service there but in the meantime they send people with door hangar adds offing the service. You go on line or call them and they say FIOS service coming soon. Again the area i am in now does have FIOS and because i live in an apartment as opposed to a private home It is not available to me or anyone else in my complex even though the fiber lines go right past me. I am paying for 15/2 service but i am getting 25/5. i am also using the Motorola Surfboard Docsis 3. Prior to this i was using a Sysco/AR modem and only getting 15/2. i am happy with what i got and what I pay.
ITALIAN926

join:2003-08-16
kudos:1
Reviews:
·Verizon FiOS

Re: harsh

Find me ANY documentation of Comcast offering faster than 150 Mbps »newscenter.verizon.com/press-rel···net.html
»www22.verizon.com/residential/bu···mate.htm
So much for your truth in advertising.

The Rocker

@comcast.net

Re: harsh

This is wat you link says "NEW YORK – November 22, 2010 Verizon is launching 150/35 megabits per second (Mbps) Internet service"

The 150/35 Mbps residential offer will be available to the majority of FiOS-eligible households, and sold as a stand-alone service starting at $194.99 a month when purchased with a one-year service agreement and Verizon wireline voice service.

As much as I am on line I am satisfied wit my Comcast service and only paying $19.95 a month. That is about 1/10 of what Verizon is asking for this alleged 150/35

BTW please show me an independent web site that is not a Verizon site making this claim
ITALIAN926

join:2003-08-16
kudos:1
Reviews:
·Verizon FiOS

1 edit

Re: harsh

What FiOS 150Mbps cost is irrelevant. You said Comcast had the fastest in the country, you are wrong .. PERIOD. Do you know what Comcast charges for their 100 Mbps service?

Comcast charges like $200 for their 100 Mbps. WIth an incredible activation fee.

You are wrong on every single point in this conversation. The sooner you admit it, the better.

.. and by the way, there were TWO links, one of which allows you to order the service ! LOL Get me a Comcast link in which better than 150Mbps can be ordered.
The Rocker

join:2011-12-10
Waldorf, MD
Reviews:
·Comcast

Re: harsh

Look dude all i am saying is that the report on Comcast was done by independent sources and that the Verizon info came from Verizon. Just because they say it does not mean it is true without outside references

Lets see now

Comcast 15 Mbps is $30 a month for 6 months
Verizon 15 Mbps is $55 a month for 12 months

Comcast 50 Mbps is $117 a month for 12 months
Verizon 50 Mbps is $145 a month for 12 months

Comcast 105.00 per month for the first 12 months
with 1-year agreement
Verizon 150 $199 For one year. Plus taxes & fees. 1-year term contract required.

Point being is that not that many people even want or need anything over 100so both companies have to make money for a slower selling product. Even 50 Mbps is more then the average household needs. I did my homework.

Thespis
I'm not an actor, but I play one on TV.
Premium
join:2004-08-03
Keller, TX

Re: harsh

quote:
Point being is that not that many people even want or need anything over 100so both companies have to make money for a slower selling product. Even 50 Mbps is more then the average household needs. I did my homework.
So now it's about what people need and not what the companies offer?
You're grasping at straws, dude. FIOS is the fastest, most reliable internet service in the country. Bar none.
--
Fast. Cheap. Safe.
Pick two...

CyBrChRsT

join:2003-02-28
Overland Park, KS
Sysco? As in the food company? Or Cisco as in the company that actually makes network equipment? Sorry had to ask.

LMAO yes it's rhetorical. I just NEVER seen anyone mis spell it.

The Rocker

@comcast.net

Re: harsh

Hey look at what time I posted tat Cybr. LOL but Cisco Kid was a friend of mine.

sandman9r
Premium
join:2003-11-09
Bronx, NY

War

How do you not love competition?
ricklerre

join:2009-06-22
Brooklyn, NY

Karl, check your paraphrasing

failed to provide the speeds they advertised 50% of the time.
...
now delivering advertised speeds 90% of the time during peak hours.

This is really inaccurate paraphrasing. They weren't delivering advertised speeds 50% of the time, they were delivering 50% of advertised speeds. This same mis-quotation was made in your story yesterday.

mr sean
Professional Infidel
Premium,ExMod 2001-07
join:2001-04-03
N. Absentia
kudos:1

Re: Karl, check your paraphrasing

Oh and...
In today's social climate you probably shouldn't be dangling your participles in public either.

jmn1207
Premium
join:2000-07-19
Ashburn, VA

Re: Karl, check your paraphrasing

I never understood dangling participles, having slept through most grammar lessons.

mr sean
Professional Infidel
Premium,ExMod 2001-07
join:2001-04-03
N. Absentia
kudos:1
Reviews:
·Clearwire

Re: Karl, check your paraphrasing

»www.youtube.com/watch?v=N4vf8N6GpdM

FutureMon
Keep your Mitts off RMoney
Premium,ExMod 2002-05
join:2000-10-05
Seaside, CA
You never want to leave a widow hanging either...

- FM
--
I bid 50 quatloos that the newcomers will fail...
LostInWoods

join:2004-04-14

FCC puffery

The FCC was obviously just tooting its own horn to justify its existence. Cablevision simply provided the example they wanted to highlight.

DataRiker
Premium
join:2002-05-19
00000

Like to see the AD

Does anybody have a link to the Verizon ads?

See 11 replies to this post
KillABrew

join:2000-12-20
Wesley Chapel, FL

Chart

The chart seems a little messed up. Shouldn't the exit point (right side) be about the same level as the entry point (left side)? Are the avg's really that much different for 12-2am than 10pm-12am? It's a 25% jump.

Killa200
Premium
join:2005-12-02
Southeast TN

Re: Chart

said by KillABrew:

The chart seems a little messed up. Shouldn't the exit point (right side) be about the same level as the entry point (left side)? Are the avg's really that much different for 12-2am than 10pm-12am? It's a 25% jump.

In my experience with our local system, thats not too far off from true. Seems the peak curve for average usage carries on till about 12:30am - 1am and starts to sharply drop from there, which would average up to around a 25% increase in availability for that time frame.

The interesting one is weekends, where i have seen peaktime traffic carry into 3am on occasion.
majortom1029

join:2006-10-19
Lindenhurst, NY
kudos:1

hmm

As soon as the new fcc report was released verizon should have dropped the ads.

Cablevision asked them to pointing to the new report and verizon told them know. Now the ad is officially lying and cablevision is suing.

Cablevision upped the speeds to 20/2 and kept the tier to 15/2 right after then old report was released.

Cablevision does have a lawsuit here .

PS cablevision can still run some nasty ads if it wanted to that are true. All they have to do is Harp on the fact that HUGE parts of cablevisions footprint verizon refuses to wire for fios.

See 7 replies to this post

KeepCalling

@verizon.net

Two way street

»www.optimum.com/home-internet-se···p?bsp=se

States the fastest internet service.

»www.optimum.com/order/triple_play.jsp?bsp=se

States 3x faster than Fios

Excvcsales

@alter.net

Re: Two way street

As much as I hate Cvc the fastest states available to all optimum customers. Fios even though they have a faster tier it is not available to all verizon customers. Also the 3x claim is true to when comparing the base fios interent at 15 Mbps to the ultra at 50 mbps.

houkouonchi

join:2002-07-22
Ontario, CA
Reviews:
·Verizon FiOS
·Charter
·AT&T U-Verse
·DSL EXTREME

Re: Two way street

said by Excvcsales :

As much as I hate Cvc the fastest states available to all optimum customers. Fios even though they have a faster tier it is not available to all verizon customers. Also the 3x claim is true to when comparing the base fios interent at 15 Mbps to the ultra at 50 mbps.

True the fastest tier is not available to all VZ customers; however, 50/20 is available to all VZ customers. Also how can they compare their fastest package to VZ's lowest/cheapest package?
--
150/75 mbit Verizon FiOS connection FTW!
robjlevin

join:2002-10-30
Millington, NJ

What a surprise

First Cablevsion sues the FCC over the MSG HD decision and now they cite the FCC recent observations that note improvements over a previous study.

Does the FCC have any authority or not, Mr. Dolan?

IllIlIlllIll
EliteData
Premium
join:2003-07-06
Lindenhurst, NY
kudos:7

wonderful

you know the court and lawyer fees will eventually and certainly be paid for by CV subscribers.
i know one thing for certain, Dolan wont tolerate any slandering of his company, with fists slamming on the table, it shall be done under his empire of rule.
--
Suffolk County NY Police Feed - »www.scpdny.com
PS3 Gaming Feed - »www.livestream.com/elitedata
tmc8080

join:2004-04-24
Brooklyn, NY
Reviews:
·Optimum Online
·Verizon FiOS

1 edit

dollars and $en$e

So, it costs less to SUE than fix the problem?
Typical cable company.. for that they SHOULD lose more subscrbiers.

** What happened to Narad technologies and going toe to toe with Verizon on broadband speeds? Now they've backed Docsis 3 and all it's shortcomings with symmetrical bandwidth without actually raising speed tiers and lowering prices. All that investment was designed to retain customers and sell faster speed tiers at higher prices while giving the consumer better value for the money and offering a wider range of services over IP, not just the internet itself.

NO cable company has proven that upload speeds above 100 megabits actually work.. this has been an important issue for docsis 3 going forward. Then again, even if they do.. it's unlikely they want to cannibalize the cable-tv service by allowing their customers to utilize such speeds. This drumbeat keeps getting reinforced by Wall Street which is not surprising.

Memo: the video genie has been out of the bottle for over a decade... get over it and evolve your business model!! Lawyers just co$t money and offer very little in return!

See 6 replies to this post
margaf77

join:2000-12-22
Bayonne, NJ
Reviews:
·Verizon FiOS
·Optimum Online

1 edit

Verizons CS is their worst enemy not CV ads

Im getting an install with CV this weekend and dumping FIOS due to their inability to understand I dont want a contract and if they want to keep me as a customer dont charge me more for not having one. They dont get it so now after 2 years Im leaving. CV doesnt need to sue them VZ is killing themselves slowly all on their own with piss poor CS and poor leadership.

DownTheShore
Tag, you're it
Premium
join:2003-12-02
Beautiful NJ
kudos:11

Verizon's Ad Was True...

...based upon my experience when I had Cablevision's basic tier of internet service. Perhaps the Boost customers get more consistent high speeds, but those of us down in the cargo hold aren't the favored customers.

I laugh every time I see that Verizon commercial because in my experience, it is one of the few commercials that is telling the truth.

mm
I Did It My Way
Premium
join:2001-04-07
Matawan, NJ
Reviews:
·VoicePulse
·Verizon FiOS

Cablevision is the best at deceptive advertising

CV deserves the bad PR. I had their crap service when at 8pm everyday my 15meg pipe went below 1meg. This went on for 1+ years and I got no satisfaction until FIOS came into my area.

And what about CV advertising their service is X times faster than Verizon's high speed network. We know it's referring to DSL but non-tech folks don't. It's more deceptive advertising and CV started it.

B17FLYER

@optonline.net

Re: Cablevision is the best at deceptive advertising

Cablevision sucks. Period!! Verizon is telling the absolute truth, and if they need someone to testify on their behalf I'd be happy to oblige. I"m paying 65.00/month for Optimum boost which is supposed to deliver up to 30mbps. During off-peak hours I get between 12-15 mbps. During peak hours my speed slows down to 500kbps, that is LESS THAN ONE MBPS. Total garbage. Cablevision should be tried for fraud. FIOS is not available in my area on Long Island and will not be for several more years as I understand it, so I'm stuck with this criminal organization called Cablevision.

verizonlies

@verizon.net

verizon lies and sucks too

verizon is full of crap and rapes its customers every step of the way, nothing verizon says is true. Take 'em out at the knee's CV! Verizon is never to be trusted and the cable companies should never ever done a bandwidth deal with them and should stop the deal and put the screws to verizon.

Meet Sir Charge

»www.youtube.com/watch?v=q-pzBloyvAk


Sir Charge returns!

»www.youtube.com/watch?v=4W6pBNDEao8


Sir Charge, III - Whac-A-Charge!

»www.youtube.com/watch?v=VDvXaUH6NNo

Tyler412

@gianteagle.com

Re: verizon lies and sucks too

I think its funny how Time Warner makes jokes about raising rates. Don't forget about the "Price Guarantee" contract Time Warner makes you get, so you are locked into a high price for 2 years, and if YOU don't call them within 30-60 days after your two years, they raise the rate, then lock you in again for 2 more years, with an early termination fee. Believe me, I just went through dealing with them. 10 meg internet, 1 hd box, no extra channels, and phone, cable bill is 174 a month. locked in for 2 years, but TWC says my mom was saving about 100 dollars a month with this bundle! They don't let you lower your package to get a better deal like Comcast does.

Eddy120876

join:2009-02-16
Bronx, NY

If you work for Cablevision you would be acting like this

Seriously dude the sir charge commercial? if that was the case we should call it by its real name Cable Vision Charge the third. since we all know CV loves to over charge you monthly by saying "hey look we are not like Verizon we don't have a contract" and soon enough every month your bill increases for no reason. How I know this simple, I was a 10 year customer and i said enough with their pricing schemes. 3 years ago My bill started at 80 and when i left i was already paying over 180 dollars. Yeah sir Charge lives in cablevision. Oh and CV internet is garbage from 5pm until 1 am monday-Thursday. Friday-Saturday or long Holidays 3pm until 4 am.
HowardP6

join:2001-03-31
Port Jefferson, NY

vision Sues Verizon Over FiOS Ads

How about Verizon filing suit against Cablevision, since Cablevision states in its ads the you cannot get MSG from Verizon, since Cablevision was blocking the content itself. Cablevision still does not provide the stated throughput 100% of the time.
cybercrimes

join:2003-12-24
Honey Brook, PA

Re: vision Sues Verizon Over FiOS Ads

cablevision what people WANT is no CAPS on ther internet service verizon dont have caps

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