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A new group claims to represent over 100 companies and organizations dedicated to discussing broadband. Read our exclusive special report and learn who is *really* pulling the strings. It's not consumers!

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The Internet Freedom Preservation Act of 2009 (H.R. 3458) has been introduced to protect your broadband service from speed throttles, overcharges, and invading your online privacy. Learn about the issues and tell Congress to support this critical Net Neutrality legislation!

Rural Broadband

Stimulus money promises to finally bring rural America broadband service. Unfortunately, the telecommunications industry is trying to divert those much needed funds into self-serving projects that protect their bottom line first. From mapping who has broadband, to the very definition of what "broadband" is, see how consumers are the only ones not at the table.

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You can take action right now to protect your broadband account from Internet Overcharging practices. Click the title "Fight Back" and learn how you can help get legislation passed to prohibit unjustified rate hikes.

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Biggest Problem With South Pacific Broadband: “Restrictive Data Caps” — New Fiber Project Helps Eliminate Them

Flag of New Zealand

Despite broadband provider propaganda designed to convince Americans restrictions on broadband usage were “commonplace” and well tolerated overseas, a group of New Zealand and Australian broadband entrepreneurs propose to spend just under $900NZ million to build new fiber capacity to help eliminate them once and for all.

A team of businessmen from the South Pacific today announced they are part of “an early stage” venture to construct a brand new underseas fiber optic cable to connect Australia and New Zealand with the United States, providing five times the capacity of existing service provided by the Southern Cross system.

The new group, Pacific Fibre, went public today and is talking with potential partners about the plan to construct a 13,000 kilometer cable by 2013.

Mark Rushworth, former Vodafone chief marketing officer, told TV New Zealand a full 90 percent of New Zealand Internet traffic is bound for the United States.

“It is using the most direct route. It is one hop from New Zealand to the US, which from a technical perspective is very important because it means it is a lower latency cable, that is, it is faster than other cables,” he said.

Flag of Australia

The primary impetus for the project was the common practice in New Zealand and Australia to limit customers’ usage of broadband service with Internet Overcharging schemes like usage-based billing or restrictive data caps which can throttle speeds just above dial-up for customers for weeks, if they exceed their usage allowance.

Rushworth

Private providers have lived happily on the revenue earned from such schemes and have done little to relax usage limits on their customers, so Pacific Fibre decided to undertake a game-changing new fiber cable themselves to drive prices down and eliminate the caps.

“We desperately need a cable that is not purely based on profit maximization, but on delivering unconstrained international bandwidth to everybody, and so we’ve decided to see whether we can do it ourselves,” said partner Sam Morgan.

“We hope to bring in extra capacity at a low price, which our carriers and ISP customers can end up passing on to their customers,” Rushworth said.

“We all know that in any market as soon as you introduce competition prices tend to drop and volume goes up,” he told TVNZ.

The current proposed cable configuration would have two fiber pairs with 64 wavelengths (lambdas) each at 40 gigabits per second per lambda. The maximum lit capacity initially would be 5.12 terabits per second, but would be upgradeable to over 12 terabits per second as emerging technology became a reality.

Upstate/Downstate: More Cities in New York Getting Time Warner Cable Wideband Service

Phillip Dampier March 11, 2010 Broadband Speed, Competition, Time Warner 2 Comments

Although residents of Rochester will have to wait, other cities in upstate and downstate New York are now getting Time Warner Cable’s Wideband broadband service, which provides faster upstream and downstream speeds thanks to DOCSIS 3 service upgrades.

Time Warner in Buffalo yesterday signed its first Wideband customer, according to Broadband Reports.

The Hudson Valley will be the next:

  • Walden Available March 30, 2010
  • Wurstsboro Available March 30, 2010
  • Rhinebeck/Saugerties Available March 30, 2010
  • Poughkeepsie Available March 30, 2010
  • Port Ewen/Kingston Available March 30, 2010
  • Liberty/Monticello Available March 30, 2010

Time Warner Cable is deploying Wideband first in communities where they face competition from Verizon FiOS or AT&T U-verse.  Communities like Rochester, which face only token competition from slower-speed DSL service, are pushed way back on the upgrade list.

Customers in Albany, Buffalo and Syracuse who live near, but not in a FiOS-upgraded community, will also benefit from the DOCSIS 3 upgraded-Wideband service.

Two types of Wideband service are commonly available according to BR:

  • 30 Mbps downstream 5 Mbps upstream tier that costs $25 over Time Warner Cable’s standard Road Runner plan (which can vary in price and speed by market depending on competition).
  • 50 Mbps downstream 5 Mbps upstream tier for $99 a month.

Judge: Illinois Verizon-Frontier Sale Should Be Disconnected — ‘Deal Will Diminish Service to Illinois Customers’

Phillip Dampier March 11, 2010 Frontier, Public Policy & Gov't, Verizon No Comments

An administrative law judge reviewing the proposed sale of Verizon landlines to Frontier Communications has formally recommended the Illinois Commerce Commission (ICC) reject the deal.

Allowing Verizon to sell 600,000 Illinois phone lines, mostly in less populated areas of the state, would likely harm the quality of service customers receive from their landline provider according to Judge Lisa Tapia.

Tapia was given the responsibility to review the transaction’s merits before the deal moves before the ICC for final consideration.  Her 46-page report concludes that Frontier’s existing Illinois customers would likely be harmed, along with existing Verizon customers, because of the enormous debt Frontier Communications will take on as part of the deal.  Tapia writes the economic impact of the deal “will diminish Frontier’s ability to perform its duties to provide adequate, reliable, efficient, safe and least-cost public utility service.”

According to Staff witness Mr. McClerren, both Frontier Illinois operating ILECs (local phone companies) and Verizon have, in recent years, had some difficulty meeting the minimum key standards contained in Part 730. The key Part 730 standards are Toll & Assistance Operator Answer Time, Directory Assistance Operator Answer Time, Repair Office Answer Time, Business Office Answer Time, Service Installations, Out of Service for Less Than 24 Hours, and Trouble Reports.

Ms. McClerren characterized the performance of the nine Frontier Illinois operating ILECs as poor relative to the Repair Office Answer Time and Out of Service for Less Than 24 Hours standards and unacceptable relative to the Business Office Answer Time standard. Mr. McClerren concluded that given Frontier’s poorer performance relative to Verizon’s performance on Repair Office Answer Time, Business Office Answer Time, and Out of Service for Less Than 24 Hours , service quality would likely decline in the current Verizon North and Verizon South territories if the proposed reorganization is allowed to occur. Mr. McClerren further stated that because Frontier had continuously failed to satisfy the Business Office Answer Time, Staff expressed to Frontier representatives that it was prepared to initiate a hearing under Section 730.120 of the Act for the purpose of imposing penalties.

The evidence shows there is a significant risk that problems could occur if the transition is made too prematurely so as to create a potential for harm to Illinois customers. When weighed against the many risks of the Transaction, including, among others, the risk of systems integration, the purported benefits of the Transaction do not justify approval.

Of particular concern to Judge Tapia is the impact on Frontier’s finances and operating ability to take on more than 600,000 new customers in Illinois.  Despite company promises to the contrary, Tapia’s report notes we’ve been down this road before, particularly with FairPoint Communications, which went bankrupt late last year.

The evidence shows there is a significant risk that problems could occur if the transition is made too prematurely so as to create a potential for harm to Illinois customers. When weighed against the many risks of the Transaction, including, among others, the risk of systems integration, the purported benefits of the Transaction do not justify approval.

[...]

For instance, Frontier’s total Illinois access lines would be increasing from 97,000 to over 670,000 lines. Frontier would also be almost tripling its size and will be burdened with an enormous amount of approximately $3.3 billion in debt. The financial pressure along with more wirelines to handle leads the Commission to conclude that service quality will certainly be diminished. The ultimate consequences of diminished quality service will be borne by Illinois customers.

What about broadband and Frontier’s promises to expand it into rural communities across Illinois?  Judge Tapia’s report questions whether Frontier will do any better than Verizon did.

The record also does not support a finding that Frontier will be any more effective than Verizon in expanding the scope and quality of broadband services in the Illinois service areas it proposes to acquire from Verizon. To the contrary, the evidence shows that it is very unlikely that a smaller, less experienced operator would be able to support such an investment.

The findings also call attention to Frontier’s practice of paying out more in dividends to shareholders than the company actually earns from customers.  The International Brotherhood of Electrical Workers (IBEW), which has consistently argued against Verizon spinoffs, says no company can expect to succeed by paying out more than they earn just to keep a favorable stock price.  The IBEW has correctly predicted the outcome of other Verizon spinoffs, and warned the Verizon-Frontier deal is simply more of the same.

IBEW pointed to a 2007 Montana Public Service Commission (“PSC”) decision in which the PSC rejected a proposed merger and acquisition because “In normal utility operations, retained earnings provide a vital source of financial strength for capital investment and as reserves that are available during unexpected financial strains.  Regularly paying out dividends in excess of net earnings by a utility is inappropriate and risky because having insufficient reserves on hand could adversely affect the utility’s ability to provide adequate service.”

IBEW stated that the Montana PSC’s findings apply equally to Frontier. The IBEW endorsed the reasoning of the Montana PSC and reached the same conclusion about Frontier.

According to IBEW, Frontier only has two or three more years before it will have paid out all of its retained earnings to stockholders, based on its performance in the first half of 2009. IBEW also stated that two Wall Street financial analysts have independently found that Frontier’s shareholders’ equity is likely to become negative in 2012 or 2013. After that, Frontier’s dividend would have to be reduced to no more than its net income – a likely dividend cut of 60% or more. IBEW argued that without this Transaction, Frontier’s business model will fail within two or three years. IBEW asserted that Frontier does not plan to change its approach to business. Frontier still plans to pay out more to shareholders than it earns in net income and that there is no scenario where Frontier plans to pay out less in dividends than it earns in net income during the 2010 to 2014 period examined.

The report agrees with the IBEW position:

Frontier’s risky business model is a concern. The Commission agrees with IBEW that in normal utility operations, retained earnings provide a vital source of financial strength for capital investment and as reserves that are available during unexpected financial strains. Regularly paying out dividends in excess of net earnings by a utility is inappropriate and risky because having insufficient reserves on hand could adversely affect the utility’s ability to provide adequate service. Based on the record, this has been Frontier’s business practice. However, Frontier testified that it has revised its dividend policy. According to Frontier, it currently pays an annual cash dividend of $1.00 per share of Frontier common stock. Frontier after the closing of the proposed Transaction, intends to change its dividend policy to pay an annual cash dividend of $0.75 per share of Frontier common stock, reducing its dividend by 25% – from $1.00 to $0.75 per share – effective with the close of the Transaction.

The Commission does not find Frontier’s assertion credible. Specifically, that it plans to revise its dividend policy (at the discretion of it Board of Directors) because of this proposed Transaction when this has been Frontier’s approach to business for years.

Hundreds of pages of comments from consumers and other interested parties have been recorded by the ICC, many in opposition to the proposed deal.  The ICC’s next step is to accept comments about the report, which have already been forthcoming.

McCarthy

Dan McCarthy, Chief Operating Officer of Frontier Communications was among the first.

“Today’s proposed order by an administrative law judge in Illinois ignores the numerous public interest benefits outlined in the complete record developed in the Frontier/Verizon transaction. This record fully addresses the issues raised by the ALJ. We are confident that once the full Illinois Commerce Commission reviews the record, they will vote to support the transaction,” McCarthy said in a prepared statement.

“Frontier has formally committed to expand broadband to 85 percent of the households in the Verizon Illinois service areas covered by the transaction and spend in excess of $40 million to accomplish this effort,” the statement says, further noting that the company already provides DSL broadband service to 90 percent of its existing footprint in the state.

The full ICC is expected to rule by the end of April.

Among the Illinois communities impacted by the transaction:

Chatham, Divernon, Elkhart, Illiopolis, Jacksonville, Lincoln, Loami, New Berlin, Pawnee, Pleasant Plains, Sherman, Virden, Waverly and Williamsville.

[Update 2] Time Warner Cable: Major Road Runner/Digital Phone Outage in Northeastern U.S.

Phillip Dampier March 10, 2010 Time Warner 6 Comments

A major service outage impacting Road Runner and Digital Phone service from Time Warner Cable began early this morning is ongoing.  Customers contacting Time Warner Cable in Maine, New York, and western Massachusetts are being told there is a service outage ongoing with both services, resulting in no dial tone and slow/no Internet service.

Presumably, there is a problem at the Regional Operations Center in Syracuse.

There is no estimated time for service restoration.

Cable television service is not affected.

[Update 2:00pm EST -- Time Warner Cable blamed the outage on a defective router, which we heard was in the Binghamton area.  Service was "restored" at 9:45am although we've noticed that meant they shifted traffic onto other regional networks and that was still causing some page loading problems until late in the morning.

The outage was acknowledged on Time Warner Cable's customer service lines in New York, Massachusetts, and Maine.  Rochester had the first recorded message up very early this morning, with the others coming by 8:45am.]

[Update 4:36pm EST -- Customers impacted by the outage can obtain one day of Road Runner service credit, but only if you call or write to ask.  You can use the online customer form on Time Warner Cable's website for your area or call your local customer service number.  The outage began around 5:20am this morning.]

50/5 Mbps ‘Wideband’ Service Arrives in Dallas for Time Warner Cable Customers Later This Month

Phillip Dampier March 9, 2010 Broadband Speed, Competition, Time Warner 2 Comments

Time Warner Cable customers with deep pockets and a need for speed will find Time Warner Cable’s new Wideband Internet service arriving in certain North Texas neighborhoods on or around March 19th.

Made possible by DOCSIS 3 upgrades, the new service will provide 50/5 Mbps service for as low as $99.99 per month.

As has been the case in other cities getting TWC’s Wideband service, self-install kits are not yet available and a formal service call is required.  You will also need a new DOCSIS 3-capable cable modem.

Interested customers in the Dallas area can call Time Warner Cable after March 19th at (972) 742-5892 to determine if service is available yet in your neighborhood.

Time Warner Cable competes with both AT&T and Verizon across its North Texas division.

AT&T U-verse maxes out at 24 Mbps currently, and although Verizon FiOS can match Time Warner Cable’s speed, the phone company’s current price is $40 higher for the service.

Customers who need this level of speed should call Verizon or Time Warner Cable and inquire about any promotional pricing that could lower your bill for several months.  In New York City, some customers received discounted Time Warner Cable Wideband service for six months.

Eventually, competition should result in lower prices for super fast broadband connections.  DOCSIS 3 upgrades offer a win-win for both customers and the cable company providing the service.  Increased capacity resolves neighborhood congestion issues and also permits higher speed, premium-priced tiers to deliver additional profits to providers.  In return, customers who need ultra-fast speeds get them, and are only to happy to pay for them, as long as they are not usage-capped.  Nothing destroys the value of premium-priced tiers better than unjustified usage limitations.

Comcast Raising Prices… Again, But Their Usage Cap Remains Firmly In Place; 3.5 Percent Increase For Many

Phillip Dampier March 9, 2010 Comcast, Competition, Internet Overcharging 3 Comments

Comcast is back with another rate increase effective April 1st, amounting to 3.5 percent for many cable, broadband, and telephone customers.

Although prices vary depending on your specific service area, the range of the price increase is more consistent.

In southern New Jersey, for example, here is the breakdown — all prices are by the month:

  • Expanded/Standard service cable-TV tiers are increasing $2.  Expanded service customers could pay up to $50.10, Standard customers $60.55;
  • Triple Play customers will see a $5 increase in the second year of their two-year contract from $114.99 to $119.99.  First year pricing remains $99 for new customers;
  • Digital Premium Packages are increasing $2;
  • Economy Broadband (1Mbps) increases $2, Performance (12Mbps) increases $2, Blast! (16Mbps) increases $2, Ultra sees no price increases (but goes away for new customers effective 4/1);
  • Comcast phone line prices are also increasing in certain cases;
  • Each additional DVR drops by $5 — Verizon FiOS was hammering Comcast about DVR pricing.

There are no rate changes for business service customers or subscribers with “limited basic service.”  There is also no change in the company’s broadband usage allowance — 250 GB, the only part of Comcast’s service that seems to stubbornly remain at the same level year after year.

Comcast, the nation’s largest cable operator, blamed the mid-year price increases on increased programming and other business costs.

But the company is not exactly hurting.  Comcast’s 4th quarter earnings last year jumped 132 percent to $955 million dollars.  Rate increases that are designed to drive consumers into profitable service bundles, combining television, Internet, and telephone service, guarantee even better financial results in 2010.

Verizon is already capitalizing on Comcast’s rates by offering residents in southern New Jersey an even better price for Verizon FiOS — dropping from $109.99 for two years to $89.99, not including taxes and fees.  But like Comcast, Verizon wants you take a bundle of services, or else face higher prices.  The company recently increased the price for FiOS TV to $64.99 for standalone service.

Syracuse Technology Columnist Falls Into Trap Believing Usage Caps Represent “Fairness”

A column this week in The Post-Standard falls into the trap of believing usage caps on wired broadband service represent “fairness.”

Al Fasoldt, who writes a technology column for the Syracuse, N.Y. newspaper, told readers they should investigate buying and/or using usage measurement tools in order to protect themselves from a surprising bill at the end of the month.

Caps can make their service fairer to all customers by blocking excessive downloads that clog the network, and those who exceed their caps can be charged a great deal extra for service. This amounts to free money for ISPs.

But there is something counterintuitive about promoting new ways to get entertainment on the Internet — by using Hulu, for example, to stream TV shows to your home computer — while telling customers they can’t use more than a certain amount of data.

[...]

What’s needed is a simple way to measure how much data you use per month. Cable providers sometimes provide a Web page that logs each customer’s transfer totals — call your ISP to find out if your plan has such a feature — but you can easily track usage yourself with data-usage software utilities.

Courtesy: DragonEyeFly

Time Warner Cable headquarters in Rochester, N.Y.

Fasoldt assumes facts not in evidence.  Simply put, there is nothing fair about usage caps, particularly on wired broadband service.  Fasoldt can be partly excused for making the assumption because he lives in Syracuse, where Verizon FiOS and Time Warner Cable compete heavily for customers in the Salt City.  Veterans of actual Internet Overcharging experiments, and those who live under usage caps and usage-based billing can testify about the true implications of such schemes.

They are nothing short of rationing broadband service for fatter profits.

In Rochester, where Fasoldt notes customers successfully fought off Time Warner’s experiment, customers do not have the luxury of two closely-matched competitors.  They have the cable company and a telephone company that stubbornly clings to its own 5 GB usage allowance in its terms and conditions, albeit presently unenforced.  Where competition is at bay, higher prices for limited service are in play.

At least Fasoldt admits it’s also about the money.

There is nothing counter-intuitive about promoting online video services and then slapping usage caps on them when you realize it’s really ALL about the money and not about “fairness.”  Limiting video consumption is critical to protecting cable television packages.  If you can watch it all online, why keep paying for cable-TV?  With a usage cap, there are no worries about that ever happening.

As this website has repeatedly documented, consumers do not need to invest in usage measurement tools that are a nuisance to install and monitor.  They just need a broadband provider that can be happy living off the billions in profits already earned from today’s unlimited broadband service without greedily trying to overcharge consumers even higher pricing for limited service in the future.

Fasoldt would do better by his readers telling them to follow the example of communities who have been exposed to such schemes.  They got involved, threatened to cancel service, and created a sufficiently large enough headache for providers who eventually determined, for now, it just wasn’t worth alienating customers with unwanted pricing schemes.

Hot Springs Family Gets $16,000 Verizon Wireless Bill for Wireless Data Usage

Woe to those who forget to sign up for a wireless data plan from Verizon Wireless.

The cell phone provider recently sent a $16,000 bill to one Hot Springs, Arkansas family for wireless data usage racked up on a daughter’s phone the family didn’t cover with a wireless data plan.

Chris Brown couldn’t believe his eyes when he opened his phone bill online.

“The first thing I think of is, this thing costs more than my truck.  It cost more than a house payment, I couldn’t fathom it, it’s mind-blowing,” Brown told KLRT-TV.

This isn’t the first time this has happened.  A month earlier, the Brown family was billed $3,000 for similar usage and the family asked Verizon Wireless to shut off access to data services on the affected phone, but the charges kept on coming anyway.

Brown says once he got to look at the phone usage online, he saw that the phone was connected to the Internet when the family didn’t even know it.

Verizon Wireless offers tips to customers with children:

  • Limit the times of day they’re allowed to make calls.
  • Keep your kids from getting onto your own phone’s Internet by setting up a password.
  • If you have a limited plan, you will get an alert and have to give approval before you exceed your number of kilobytes or megabytes for the month.

Of course, had Verizon Wireless followed through on what Brown asked for — shutting data access off altogether, none of this would have ever happened.

Other Little Rock customers, especially those forced to move from Alltel to Verizon Wireless, are running into similar experiences.

Among the horror stories:

“My son had the same problem. He was told he had unlimited internet usage and then received a bill for more than $7,000. Verizon had recorded a phone call from my son to customer service and that was the only thing that saved him. But it took more than 4 months and his phone service being disconnected twice before the situation was resolved.”

“I’m not a bit surprised at that ridiculous bill from Verizon! I had the same problem for months last year, to the point that I had to put unlimited texting on both my grandsons’ phones. Then to top that off, we got a bill that had goo-gobs of texting billed to my husband’s phone (to the tune of $9.30), which is rarely used at all. But, this is the killer–all the texts received on his phone were from Verizon, all 62 of them! As soon as my contract is up with them, I will be switching. All the time we had Alltel we never had any problems. The problems started as soon as Verizon took over.”

“I’m not one bit surprised by the ridiculous phone bill that the Hot Springs family received. I also received my first month’s bill from Verizon last year for over $1500. I almost had a heart attack. Verizon lowered the bill, but two months later, even though we carefully monitored the air time, we went over by four minutes and they charged me an additional $90. That was it for Verizon. They are a bunch of crooks. I hooked up to my local phone carrier for $34 a month and I haven’t had one problem since. Verizon should be investigated.”

http://www.phillipdampier.com/video/KLRT Little Rock Hot Springs family gets $16,000 cell phone bill 3-3-10.flv

KLRT-TV in Little Rock reports on the Hot Springs family that got a $16,000 surprise bill from Verizon Wireless.  (3 minutes)

[Updated] Time Warner Cable Offers Their Broadband Network to Cell Phone Companies; ‘Exaflood’ Apparently Doesn’t Apply

Time Warner Cable is offering mobile phone providers a solution to their clogged wireless networks — clog ours instead!

Business Week notes the cable company has been aggressively pitching its broadband network to cell phone companies in New York City, which can be used to transport cell phone calls and mobile data between cell towers and the providers’ operations centers.  The “backhaul” network cell phone companies rely on to move calls and data between the cell tower nearest you and your provider’s distribution network is often the source of the worst bottlenecks, especially when those networks are connected by standard copper telephone wiring, as many still are.

The more customers sharing a low capacity copper line, the slower your data speeds and greater the chance for dropped calls.  Although some providers have expanded their fiber capacity to reach busy cell towers, many more are still stuck with copper… until now.

Time Warner Cable’s offer to offload clogged cell phone networks onto the cable company’s broadband backbone has become extraordinarily profitable to the nation’s second largest cable operator.

In fact, it has become Time Warner Cable’s fastest-growing business after revenue tripled last year, Craig Collins, senior vice president of business services told Business Week.

We are talking $3.6 billion dollars in revenue in 2012 from wireless carriers alone, according to researcher GeoResults, Inc.

“Backhaul is a growth play that we are pursuing aggressively,” Collins said. “These mobile players want to get the bandwidth they need at a cost-effective price and our structure allows them to get that pretty seamlessly.”

U.S. smartphone use has grown almost 700 percent in four years, according to the U.S. Federal Communications Commission. Mobile-data volume is more than doubling annually as people use devices like the iPhone, BlackBerry and Google Inc.’s new Nexus One to send photos, watch videos and surf the Web. When networks jam, consumers face dropped calls and may find they can’t access Web pages or TV, analysts said.

Courtesy: Broadbast Engineering

The coming "exaflood" doesn't seem to worry Time Warner Cable, except when profits from consumers are at stake

Apparently the “exaflood” scare theory that suggests broadband networks are becoming hopelessly clogged does not apply to Time Warner Cable, because the company easily found plenty of free bandwidth in metropolitan New York City to profit from wireless phone traffic.

Not to be outdone, Comcast expects $1 billion from the wireless backhaul gravy train over time, according to its February 3rd conference call with investors.  Comcast is in a unique position to help ease congestion in San Francisco, where the cable operator provides service to some of the same customers who wander the city with Apple iPhones on AT&T’s overclogged Bay Area network.

Time Warner Cable CEO Glenn Britt doesn’t want to limit the potential revenue to just the wireless big boys — he wants to offer service to carriers large and small:

While Time Warner Cable declined to specify if AT&T, the lone U.S. carrier for the iPhone, is a customer, the New York- based cable company says it wants to sign carriers large and small. Chief Executive Officer Glenn Britt alluded to AT&T’s extra iPhone traffic in a December conference call.

“They want to get that into a cable as fast as they can,” Britt said, referring to overloads. His company began leasing backhaul in 2008 and posted $26 million in sales last year, less than 1 percent of the company’s total sales. Collins declined to give a forecast for 2010.

All this, of course, comes ironically to those Time Warner Cable customers who were subjected to Internet Overcharging experiments from Time Warner Cable just about one year ago.  Apparently, the exaflood only applies to consumers who face enormous broadband pricing increases and/or usage limits because of “overburdened” broadband networks.

Not so overburdened that the company can’t make room for billions in new earnings from cell phone companies, of course.

http://www.phillipdampier.com/video/Bloomberg Moffett Says ATT May Need Cable to Ease Network Jams 3-8-10.flv

[Video Fixed!] Craig Moffett discusses wireless smartphone data usage trends and Time Warner Cable’s involvement in transporting mobile phone and data across its cable broadband network (5 minutes)

Mediacom Complaints Pile Up: “I Talk to Mediacom More Than I Talk to My Wife”

Phillip Dampier March 8, 2010 Competition, Mediacom, Public Policy & Gov't No Comments

Mediacom is the nation's eighth largest cable company, serving 1.3 million customers in 22 states

Customers across the country are growing increasingly annoyed with Mediacom, the nation’s eighth largest cable operator that scored rock bottom in this year’s Consumer Reports cable survey.

The complaints keep on piling up: unfulfilled service calls, uninformed customer service agents in the Philippines, poor quality service, and in one case, a supervisor more concerned about how a customer obtained her direct number than actually resolving the customer’s problems.

The fallout from irritated customers now extends beyond horror stories from some of the company’s 1.3 million customers in 22 states — it’s now costing the company rejection of extended franchise renewal agreements in some communities, and plenty of bad press.

Boone County, Illinois

Boone County, Illinois

Last spring, Boone County began discussions about renewing a cable franchise Mediacom had with the county for some 20 years.  Public meetings to discuss the renewal brought throngs of customers annoyed with Mediacom’s poor performance.

The Rockford Register-Star took up the story:

Candlewick Lake resident Roger McGee Sr. has been experiencing difficulties with his cable company since he moved to the gated community two years ago.

McGee, a former Huntley resident, said he’s spent more time trying to get resolutions to his cable and Internet issues than he ever imagined was possible. “Every single step of the way the customer service was horrible and mismanaged,” he said Wednesday. “I talked to Mediacom more than I talked to my wife in those three months.”

Mediacom representatives characterized the complaints as mere aberrations and suggested isolated complaints could be resolved without impacting the company’s franchise renewal.  But additional public meetings held later that summer illustrated Mediacom had problems in the north-central Illinois region where it provided service.  The Register-Star reported:

George Chorvat has experienced countless issues with Mediacom Communications, and he’s looking for relief. The Poplar Grove resident isn’t alone.

Chorvat attended the county’s second cable hearing Tuesday at the Belvidere Township Building along with roughly 20 residents to speak out about service woes and to provide input on the county’s nonexclusive franchise renewal, which is in the negotiation phase.

“You took away half of our movie channels and said it was OK because we had On Demand, but we do not and we’re paying the same price,” Chorvat said.

His challenge of the offerings provided by Mediacom was one of several problems residents said they face.

Some residents detailed months of waiting for maintenance cable wires to be buried underground. Others told of weeks without phone service or waiting at home for technicians to arrive for scheduled appointments only to find the cable company had canceled them.

Late last month, Boone County granted the cable company a one-year extension of its cable franchise, citing customer complaints as the primary reason for the short-term extension.  In addition, the county will hold a series of public meetings at three, six, and nine month intervals over the coming year to check on customer service concerns and how Mediacom responds to them before considering a five year franchise extension.

The interim extension also keeps Mediacom from using telecom-friendly legislation to obtain a franchise from the Illinois state government, bypassing local officials.  Statewide franchising in Illinois was the brainchild of AT&T, which wants to expand U-verse without having to answer to local communities.  Mediacom has the ability to hop on board the same provisions to avoid local control if local governments refuse to extend a franchise agreement.

“We need to make sure we keep some county control here,” board member Karl Johnson told the newspaper in February. “No matter how big we think we are here, they’re a whole lot bigger when they come through downstate.”

Johnson heard several complaints from Mediacom customers about missed appointments, incomplete wire maintenance, and some who went weeks without Mediacom phone or broadband service.

Springfield, Missouri

Springfield, Missouri

Cable customers who experience problems expect answers when calling customer service, but Springfield resident Nancy Walker found herself empty-handed after speaking with a Mediacom representative thousands of miles away — in the Philippines.

“I am really upset,” Walker told the Springfield News-Leader in February. “I want a local number I can call, not the Philippines.”

She finally resorted to calling the office number of a friend who once worked for Mediacom before that friend passed away.  A supervisor was more concerned about how she obtained that number than helping her, Walker said.

Mediacom disconnected its local call center about three years ago, and company officials admitted they route calls to call centers, including one in the Philippines.  Larry Peterson, regional vice president of Mediacom, said the company dropped the ball on Ms. Walker, finding the customer service she received “unacceptable.”  Peterson handed Walker his business card and promised any issues would be resolved.

For customers who do not have Peterson’s personal office number, many just have to take their chances.

Springfield’s Cable TV Advisory Commission, which actually holds almost no real power over Mediacom, thought the company could do better.

Commission member Rita Silic urged the cable company to find a way to route dissatisfied customer calls back to a local Mediacom representative.

Dave Iseman, editorial page editor of the News-Leader, opined Mediacom needs “a full-fledged apologetic jingle. And it better be a long one, considering the waiting time that can be necessary to phone in a complaint.”

Burlington, Iowa

The fact Mediacom rated near the bottom in Consumer Reports‘ latest ranking of telecommunications companies — 24th among 27 Internet providers, 15th among 16 television service providers and dead last among 23 telephone providers — didn’t escape the attention of Burlington-based newspaper The Hawk Eye.  The newspaper noticed local complaints were continuing to pour in about service quality and trouble reaching customer service.

Columnist Don Henry even wrote about his own personal experiences with Mediacom in December:

Mediacom last month took away the religious programming my wife enjoys: I guess she shouldn’t complain.

They also poked out one of C-SPAN’s eyes on Congress. The Nancy Pelosi House of Horrors remains fit for family viewing, but not the Senate Shell Game. No explanation of why and I watched both — but I’m not complaining.

We were satisfied with “expanded basic” — but Mediacom decided to improve our viewing experience by removing four channels and making us rent some new box gadget to see them, plus a few we didn’t need.

Lest you complain, you get one box free … until they automatically raise your bill a year later. Conservatives think God trumps Harry Reid, so our box went into Sandy’s exercise room. She’s not complaining.

Henry’s problems only got worse from there, including e-mail disruptions and other service outages.  He did what most customers do when their service is on the fritz — he called the cable company.  That turned out to be quite an adventure:

“For e-mail problems, press 1; otherwise, stay on the line.”

I pressed 1.

“For e-mail problems, press 1; otherwise, stay on the line.”

Burlington, Iowa

I pressed 1.

“For e-mail problems, press 1; otherwise, stay on the line.”

After maybe 10 replays, I disobeyed. I stayed on the line … and waited … and waited … until my patience wore thin enough to drive to the Mediacom office on Division Street. I talked to a rep who seemed blissfully unaware of any e-mail problems. It’s been over a day and I’m far from alone, I said.

“Well, nobody’s told us.”

Could you ask about it?

“I can’t do that.”

Could you at least adjust my bill for the lost service?

“I don’t know of that ever being done.”

You used to, when I could get someone by phone.

“Then you’ll have to call.”

Henry’s column struck a nerve among local residents, who flooded the newspaper with comments about their own horror stories, ranging from pesky squirrels chewing through fiber optic cables to tsunamis of spam after the company “improved” its e-mail service.

Phyllis Peters, communications director for Mediacom, admitted the company could improve its customer service, but decided to devote most of her attention to taking issue with… Consumer Reports‘ survey.  Peters wants customers to know Mediacom isn’t dead last in the country because the magazine didn’t ask customers about every cable provider in the United States.  She’s certain there are worse examples out there:

Peters said one reason the survey might rate Mediacom so poorly is because of the company’s ambition. Mediacom is the nation’s eighth largest cable company, and focuses on providing cable coverage to non-metropolitan areas. Expanding service over a large area means more fiberoptic cable and servers that must be monitored.

Peters said the top-ranking cable company Wow, which had top scores on almost every attribute in the ratings, serves a much smaller, consolidated area than Mediacom. Wow is the 12th largest cable provider in the country, and services parts of Illinois, Michigan, Ohio and Indiana. Consumer Reports was enthusiastic about the company, but acknowledged its small size.

“We would like to be higher in the rankings. We’ve put a lot of effort into customer service, and we did add a lot of calling staff,” Peters said. “Those things have moved forward in a significant way, and it takes a while for perception to change.”

It may not always be easy to get a Mediacom representative on the phone, but the company offers the fastest Internet service in Burlington, she said. The company offers a standard download speed of 12 megabytes per second, and that service can be upgraded to 20 megabytes per second for a higher price.

Competition for Burlington residents’ broadband needs come mostly from Qwest, which offers most customers 1.2 Mbps DSL service, although the company can provide up to 7 Mbps in selected neighborhoods.

Max Phillips, president of the western Iowa division of Qwest, told The Hawk Eye he doesn’t know if the company will be able to provide higher speeds to Burlington in the near future.

“We have a long-term plan to bring higher speeds, but our business is constrained by the government model,” he said, whatever that is supposed to mean.

Carthage, Illinois

Carthage, Illinois

Mediacom has been out of luck securing a franchise renewal in Carthage because of ongoing customer complaints about the quality of service being provided to Hancock County residents.

Carthage has been without a Mediacom franchise agreement since the old one expired last June.

A proposed renewal was shot down by the city after a vote failed to approve it, citing reception complaints.  Mediacom has been asking the city for a franchise renewal ever since, but the city has resorted to four-month extensions, waiting to see what service improvements were forthcoming in the interim.

Mediacom installed new hardware in the community, which it felt would improve reception, and city officials were hopeful the noted drop in complaints reaching them was an indication of that.

But in February, complaints began arriving at the city’s doorstep once again.

Carthage Mayor Jim Nightingale said he heard two complaints right after the city council offered the latest extension.

Now he’s withdrawn the offer.

Mediacom can always appeal to the state of Illinois to seek a new franchise under statewide franchise laws, but discussions with city officials are continuing for now.

Prior Lake, Minnesota

Prior Lake, Minnesota

Communities looking for competitive alternatives to Mediacom usually find phone companies who refuse to offer video service in Mediacom service areas, because the cable company typically chooses smaller communities where such “telco-TV” projects don’t meet the minimum Return On Investment requirements necessary to build them.  Some communities served by independent phone companies or are lucky enough to find a willing fiber-to-the-home provider are in better shape, unless the cable company files suit to stop such projects from moving forward.

The community of Prior Lake, twenty miles outside of Minneapolis, and its 16,000 residents are a case in point.

Last fall, Mediacom filed suit against Integra Telecom, a Portland, Oregon-based provider of competitive voice, broadband, and television service that won a franchise agreement to provide “telco-TV” in Prior Lake and nearby communities within its existing service area.

The suit claims city officials discriminated against Mediacom by not compelling Integra to meet the same terms and conditions Mediacom agreed to in a 1999 franchise agreement. Specifically, Mediacom wants Integra held to the same requirement it agreed to in defining its service area.  Because Integra is not planning on matching Mediacom’s service area house by house, Mediacom claims they are in violation of Minnesota law.

That suit is awaiting a hearing in the state Court of Appeals expected to begin this month.

The dispute between Mediacom and the city has led one state senator to write legislation clarifying the existing cable franchise laws in Minnesota.

Senator Scott Dibble (DFL-Minneapolis), has introduced Senate File 2535.  The bill would allow telephone companies to provide competitive service within their natural service areas, instead of being required to match incumbent cable operator coverage areas.  For example, a cable company might serve a broader area where multiple phone companies provide service.  Under current state law, competing phone companies could be required to wire every area where the incumbent cable company provides service, even inside other phone company’s service areas.  Senate File 2535 recognizes the current telephone company service area boundaries as acceptable enough to proceed with a video franchise agreement.

Integra's service area in the Minneapolis/St. Paul region, which is not identical to Mediacom's service area, is one point of contention between Mediacom and Prior Lake officials

Prior Lake City Manager Frank Boyles and Senator Claire Robling (R-Jordan), both testified in favor of the bill at a recent hearing held by the state Senate Committee on Energy, Utilities, Technology and Communications. The bill was approved unanimously and now moves to the State and Local Government Operations and Oversight Committee, of which Robling is a member.

The League of Minnesota Cities is also calling on its members and the public to support SF2535 which could speed competition across Minnesota.

Text of Senate Bill 2535:

A bill for an act relating to cable communications; clarifying requirements for the granting of additional cable franchises; amending Minnesota Statutes 2008, section 238.08, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2008, section 238.08, subdivision 1, is amended to read:

Subdivision 1. Requirement; conditions.

(a) A municipality shall require a franchise or extension permit of any cable communications system providing service within the municipality.

(b) No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. The provisions of this paragraph shall not apply when the area in which the additional franchise is being sought is not actually being served by any existing cable communications system holding a franchise for the area. Nothing in this paragraph prevents a municipality from imposing additional terms and conditions on any additional franchises.

(c) An area for an additional cable franchise is not more favorable or less burdensome if the franchisee is a telephone company, as defined in section 237.01, subdivision 7, and the area of the franchise is no less than the area within the municipality in which the telephone company offers local exchange telephone service. This paragraph is in addition to and not a limit to the authority of a municipality to grant an additional franchise for cable service.

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