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Time Warner Cable Promises Possible 1Gbps Upgrade for Los Angeles by 2016

gigabitAssuming Comcast doesn’t take over Time Warner Cable and change priorities, the city of Los Angeles is getting a commitment Time Warner will “be in a position to offer” gigabit broadband speeds to homes and businesses in the city no later than 2016.

“Over the last four years, Time Warner Cable has invested more than $1.5 billion to enhance our infrastructure and services in Los Angeles. This significant investment coupled with new ‘Gigasphere’ technology positions us to be able to introduce gigabit-per-second speeds in 2016,” said Peter Stern, executive vice president and chief strategy, people and corporate development officer at TWC. “Leveraging our existing network allows us to deliver these speeds faster and with less disruption than any other provider.”

The new gigabit broadband service will be deployable with an upgrade to DOCSIS 3.1 technology, which offers cable operators a more efficient way to deliver broadband over current cable system infrastructure.

“We believe the introduction of consumer gigabit speeds in our near future will facilitate even greater innovations among students, entrepreneurs and many industries powering the Los Angeles economy,” said Dinni Jain, chief operating officer at TWC. “Cable was the first to bring broadband Internet to the masses nearly 20 years ago, and thanks to the dynamic nature of our fiber-rich network, we foresee endless new possibilities as we roll-out gigabit speeds to all of Los Angeles.”

twcmaxThe first Gigasphere pilot test will begin sometime next year. But a Comcast takeover could shift priorities away from offering the kinds of broadband speeds Time Warner is providing under its TWC Maxx upgrade program. Time Warner’s Internet speeds in upgraded areas are now substantially faster and cheaper than what Comcast offers in its service areas. Comcast could decide to retire the broadband upgrade program altogether and settle on offering speeds comparable to what it already sells across much of its national footprint.

Comcast is also readying a return to usage caps and overlimit fees, with no options for unlimited service, in several test markets.

But there are some caveats on Time Warner’s side as well.

Time Warner’s careful language suggests the company may be technologically capable of providing gigabit speeds but isn’t absolutely committing to offer those speeds anytime soon. Time Warner will not complete Maxx upgrades in Los Angeles until the end of this year, and the company has made no announcements about further expanding Maxx upgrades to other cities. No pricing details were available.

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Major Verizon FiOS Speed Upgrade: Upstream Speed Now Equals Downstream

Phillip Dampier July 21, 2014 Broadband Speed, Competition, Consumer News, Verizon No Comments

faster fiosVerizon Communications today announced its FiOS Internet customers will be getting free speed upgrades that match upload and download speeds — the only provider in FiOS markets to offer speed equality.

Verizon will start transitioning qualifying current residential customers to higher upload speeds for free throughout the coming months, but we can help get you higher on the upgrade list if you keep reading. Later this year, existing and new FiOS small-business customers also will receive this upgrade.

“Faster upload speeds means better sharing experiences,” said Mike Ritter, Verizon’s chief marketing officer for consumer and mass business. “All Internet sharing – whether videos, large photo files or gaming – starts with uploading. FiOS all-fiber-optic technology offers a unique opportunity to enhance our customers’ Internet experience on a mass scale by increasing our upload speeds to equal to our industry-leading download speeds. As the Internet of Things becomes a reality, equal download and upload speeds will become essential.”

Verizon’s upgrade also lets the company point out a shortcoming of most of its cable competitors, upstream speeds lag far behind downstream speeds. Many cable operators still only offer no better than 5Mbps upload speeds, even while offering 50, 100, or 150Mbps for downloads.

Verizon says it noticed upload activity has been on the increase for some time, and with the upstream speed upgrades, it expects double the upload activity it sees today by 2016.

“Verizon’s decision to give every FiOS Internet customer upload speeds that mirror its industry-leading download speeds is a step forward for U.S. digital consumers – and unique among the major U.S. broadband Internet providers,” said Matt Davis, program director of consumer multiplay and broadband services research for IDC. “Because the upgrade is free, it delivers tremendous value to FiOS subscribers and strongly positions Verizon to meet the growing demand for upstream Internet speed.”

Verizon FiOS also lacks usage caps or consumption billing, giving customers a worry-free Internet experience that does not carry the risk of surprise charges on a future bill.

Here are Verizon’s new speed tiers:

140720_BenefitsofFast_432x315

  • 15/5Mbps is now 15/15Mbps
  • 25/5Mbps is now 25/25Mbps
  • 50/25Mbps is now 50/50Mbps
  • 75/35Mbps is now 75/75Mbps
  • 150/65Mbps is now 150/150Mbps
  • 300/65Mbps is now 300/300Mbps
  • 500/100Mbps is now 500/500Mbps

The free speed upgrades will begin with customers enrolled in Verizon’s My Rewards+ program. You can get on the upgrade list today by enrolling in the rewards program on the My Rewards+ websiteMy Rewards+ is Verizon’s free loyalty program that rewards customers for paying a bill online, renting or buying videos on demand, or in recognition of a birthday, service anniversary or other event. My Rewards+ members can use earned points for Visa Prepaid Cards or other gift cards good at participating merchants such as Starbucks Coffee, L.L. Bean, Panera Bread, Target, Amazon, Dunkin’ Donuts, Staples and others. Customers can also choose to donate their rewards to a charity of their choice.

Verizon is running several promotions (until 9/20/2014) for new customers who want in on the new FiOS speeds. The most popular Triple Play promotion is their 25/25Mbps Internet service, which also includes Preferred HD TV and nationwide home phone service (equipment rental required). This includes a two-year price guarantee for $89.99 per month when ordered online and $99.99 per month otherwise (not including equipment charges, taxes and fees). In addition, new customers can receive a free LG G Pad 8.3 LTE or up to $200 off any other tablet available from Verizon Wireless if they are willing to take out a new, two-year service agreement. This part of the promotion is less attractive to us because the offer requires the tablet be activated on the Verizon Wireless network, which means ongoing charges.

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GCI – Alaska’s Outrageous Internet Overcharger; Customers Paying Up to $1,200 in Overlimit Fees

GCI_logoNearly 10 percent of GCI’s revenue is now earned from overlimit fees collected from Alaskan broadband customers who exceed their cable or wireless usage limits.

GCI is Alaska’s largest cable operator and for many it is the only provider able to deliver stable speeds of 10Mbps+, especially to those who live too far away for comparable DSL speeds from ACS, one of GCI’s largest competitors.

The result has given GCI a de facto monopoly on High Speed Internet (10+ Mbps) access, a position that has allowed the company to dramatically raise prices and slap usage limits on broadband users and charge onerous overlimit fees on those who exceed their allowance.

GCI already charges some of the highest broadband service prices in the country and has insisted on imposing usage caps and overlimit fees on even its most expensive plans, creating high profits for them and enormous bills for customers who have no reliable way to consistently track their usage. GCI’s suspect usage meter is often offline and often delivers usage estimates that customers insist are far from accurate. GCI says it has the last word on the accuracy of that meter and has not submitted its meter to independent testing and verification by a local or state regulatory body specializing in measurement accuracy.

GCI also makes it extremely difficult for customers to understand what happens after customers exceed their usage limits. The website only vaguely offers that overlimit fees vary from “$.001 (half penny) to $.03 (three cents) per MB,” which is factually inaccurate: $.001 does not equal a half-penny. It can equal bill shock if a customer happens to be watching a Netflix movie when their allowance runs out.

KC D’Onfro of Bethel subscribes to GCI’s Alaska Extreme Internet plan, which in February cost $100 a month for 4/1Mbps service with a 25GB usage cap. While that allowance is plenty for the countless e-mails GCI promises you can send, any sort of streaming video can chew through that allowance quickly.

Business Insider explains what happened:

One fateful night, she and her roommate decided to watch a movie on Netflix. Both of them fell asleep halfway through, but the movie played ’til the end, eating up two GBs of data too many and consequently doubling their bill for that month. (One hour of HD video on Netflix can use up to 2.3 GB of data.)

“Now, I don’t even consider Netflix until near the very end of the month, and I have to be sure that I’m no more than three-fourths of the way into my total data, at the absolute most,” KC says. (Her provider, a company called GCI, allows subscribers to view their daily usage and sends them a notice when they’ve hit 80%.) “It’s a very serious business – I have to poll people to figure out what that one very special movie should be.”

That left the D’Onfro family with a $200 broadband bill – $100 for the service and an extra $100 overlimit fee for that single Netflix movie. Today, GCI demands $114.99 a month for that same plan (with the same usage allowance) and those not subscribing to their TV service also face a monthly $11.99 “access fee” surcharge for Internet-only service.

expensive

“Many Alaska consumers have brought their GCI broadband bills to ACS for a comparative quote, providing dozens of examples of GCI overage charges,” said Caitlin McDiffett, product manager of Alaska Communications Systems (ACS), the state’s largest landline phone company. “Many of these examples include overage charges of $200 to $600 in a single month. In one instance, a customer was charged $1 ,200 in overage fees.”

GCI also keeps most customers in place with a 24-month contract, making it difficult and costly to switch providers.

McDiffett told the FCC the average Alaskan with a Netflix subscription must pay for at least a 12Mbps connection to get the 60GB usage allowance they will need to watch more than two Netflix movies a week in addition to other typical online activities. GCI makes sure that costs average Alaskans real money.

“A customer purchasing 12Mbps for standalone (non-bundled) Home Internet from GCI pays $59.99 per month plus an $11.99 monthly “access” fee for a total of $71.98 per month with a 60GB usage limit ($0.004/MB overage charge),” reports McDiffett. “Thus, the monthly bill for this service is more typically $76.98, including a $5.00 overage charge. To purchase a service with a usage limit of at least 100GB per month, a GCI customer would have to pay $81.98 per month (the $69.99 standalone rate plus $11.99 monthly access fee), subject to an overage charge of $0.003/MB.”

Rural Alaskans pay even more on GCS' expensive wireless ISP.

Rural Alaskans pay even more when using GCI’s expensive wireless ISP.

Regular Alaskan Stop the Cap! reader Scott reports that no matter what plan you choose from GCI, they are waiting and ready to slap overlimit fees on you as soon as they decide you are over your limit.

Their super-deluxe re:D service — up to 200Mbps, now available in Anchorage, MatSu, Fairbanks, Juneau, Kenai, Ketchikan, Sitka, and Soldotna areas, is not cheap.

“It’s a whopping $209.99 + taxes, and if you don’t have cable TV service bundled, the $11.99 monthly access fee also applies,” Scott says.

For that kind of money, one might expect a respite from the usage meter,  but not with GCI.

“As a top tier service, you’d think they could just offer it as ’unlimited’ at that rate,” Scott says. “Actually, it has a 500GB usage cap and $.50/GB overage fee. Again, we have a metering provider who claims the overages were to penalize bandwidth hogs, yet then offer [faster] service, increasing overall load on their network, instead of just offering a fair amount of bandwidth per customer and eliminating overages by offering unlimited usage.”

One of ACS' strong selling points is no data caps, but DSL isn't available to everyone.

One of ACS’ strong selling points is no data caps, but DSL isn’t available to everyone.

In a filing with the FCC, ACS’ McDiffett suspects usage caps are all about the money.

“GCI reported 2012 Home Internet revenue of $86 million of which $7.9 million (nearly ten percent) was derived from overage charges,” said McDiffett. “On average, about $5 per customer per month can be attributed to GCI overage charges. GCI imposes usage limits or data caps at every level of Home Internet service, from its 10 Mbps service (10GB limit, $0.005/MB overage charge) to its 100 Mbps service (500GB limit, $0.0005/MB overage charge).”

badbillOver time, and after several cases of bill shock, Alaskan Internet customers have become more careful about watching everything they do online, fearing GCI’s penalties. That threatens GCI’s overlimit revenue, and now Stop the Cap! readers report sudden, long-lasting problems with GCI’s usage checker, often followed by substantial bills with steep overlimit penalties they claim just are not accurate.

“I currently pay $184.99 a month for GCI‘s highest offered broadband service. 200/5Mbps, with a 500GB monthly data cap,” shares Stop the Cap! reader Luke Benson. “According to GCI, over the past couple months our usage has increased resulting in overage charges at $1.00 a GB.”

In May, Benson was billed $130 in overlimit fees, but after complaining, the company finally agreed to credit back $100. A month later, they recaptured $60 of that credit from new overlimit fees. This month, Benson would have to unplug his modem halfway through his billing cycle or face another $50 in penalties.

GCI’s bandwidth monitor has proved less than helpful, either because it is offline or reports no usage according to several readers reaching out to us. GCI’s own technical support team notes the meter will not report usage until at least 72 hours after it occurs. GCI itself does not rely on its online usage monitor for customer billing. Customer Internet charges are measured, calculated, and applied by an internal billing system off-limits for public inspection.

“I have reached out to GCI multiple times asking for help, suggestions, resolution,” complains Benson. “All I get told is to turn down the viewing quality of Netflix, don’t allow devices to auto update, etc. They pretty much blamed every service but their own.”

Other customers have unwittingly fallen into GCI’s overlimit fee trap while running popular Internet applications that wouldn’t exist if GCI’s caps and overlimit fees were common across the country. Lifelong Bethel resident and tech consultant John Wallace knows the local horror stories:

  • tollsTwo girls had unwittingly allowed Dropbox to continuously sync to their computers, racking up a $3,500 overcharge in two weeks;
  • One user’s virus protection updater got stuck on and it cost him $600;
  • Wallace has heard people say, “I was gaming and I got a little out of hand and I had to pay $2,800;”
  • Two six-year-old girls ran up $2,000 playing an online preschool game. Mom was totally unaware of what was going on, until she got the bill.

GCI’s own Facebook page was the home of a number of customer complaints until the complaint messages mysteriously disappeared. Stop the Cap! itself discovered it was not allowed to even ask questions on the company’s social media pages, apparently already on their banned list.

While GCI does well for itself and its shareholders, Wallace worries about the impact GCI’s control of the Alaskan Internet High Speed Internet market will have on the economy and Alaskan society.

“It’s about equal access and opportunity,” Wallace told Business Insider. “The Internet was meant to improve the lives of people in rural Alaska, but – because of the data caps and the sky-high overage fees – it ends up costing them huge amounts of money. We have one of the highest unemployment rates in the nation, and some of the highest rates of suicide, sexual assault, and drug abuse. The people who can’t afford it are the ones that are getting victimized.  It was supposed to bring access – true availability of goods and services – but it really just brought a huge bill that many can’t afford.”

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Comcast: When Your “Customer Service” Center Needs Bulletproof Glass, You Are Doing Something Wrong

comcast bullet proof

“Comcast: When Your “Customer Service” Center Needs Bulletproof Glass, You Are Doing Something Wrong”

Inner city KFC? Nope. It’s a Comcast “Customer Care” center. Dane Jasper tweeted this photo out this afternoon, but it’s hardly an isolated case. Last fall, we reported on Comcast’s ‘Don’t Care Customer Center’ in Philadelphia — Comcast’s home. This “misery incarnate” has made certain it keeps customers away from Comcast employees who communicate through a system that resembles a high security bank.

Philebrity describes it far better than we ever could:

“There is a place, way down yonder in the minor key of Delaware Avenue, where even the most resistant Philadelphia lifer can agree that, yes, this area is so stupid that it’s actually okay to call it Columbus Avenue. This is where the United Artists Metaphor-For-The-Failing-Film-Industry Sadplex is, and this is also where the Comcast Get-Out-Of-TV-Jail Center is.

If you have ever had to return your cable boxes or pay your shut-off cable bill in cash because there’s a big pay-per-view wrestling event you need to see that night, you know this place. We know you know. And we know you feel hot shame for ever even knowing what this place is, or standing in its soul-sucking lines on the other side of the bulletproof glass, and we know that you don’t want anyone to know you’ve been there. So we’ll talk about it for you. To know the Comcast Get-Out-Of-TV-Jail Center is to know failure up close, to be on intimate speaking terms with failure, and to know that the conversation with failure is always mostly in the bitter parlance of popular t-shirts from the 1980s: Life’s a bitch and then you die. Sh*t happens.

The line moves slow. The person you meet at the end of the line may be polite and helpful, or they may very clearly be wanting, with their eyes and hair and soul and teeth, for you to die. None of it matters, because the feel is always the same: Governmental. Soviet. If you are in this line, you are on TV welfare, a cog in the entertainment-industrial complex, part of a system that neither wants nor needs you, but is not legally allowed to kill you yet. This is the emergency room of modern malaise.

And for as much lip service as has been paid to the corporate person known as Comcast around here in recent years — that they’re a massive job provider and will only grow, that they could have gone anywhere but they chose Philly, that they may actually help finally plug the brain drain — when many of us here in Philly think about Comcast, this is what we think of. Not the gleaming tower, nor the endless fun of Xfinity, but this place. This sad awful place. Because this is the place that says, “This is really what we think of you. We know you are worthless. Look at you, with your cardboard box of outdated remotes and modems, and your folded up twenties, hauling our sad sh*t back to us like a doting animal with a dead rodent between its teeth. Just look at you. You’re disgusting. You must really, really, really love watching f**king TV. Thank you and have a nice day.”

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New York Public Service Commission Announces Delay in Comcast/TWC Merger Consideration

comcast twcAs more than 2,300 New Yorkers express fierce opposition to the merger of Comcast and Time Warner Cable, the New York Public Service Commission has announced a delay in the review of the proposal until October.

The PSC now expects to consider the matter at a meeting to be held October 2. The PSC is also extending the period for the public to comment on the proposed merger.

Your comments are now due no later than Aug. 8, with reply comments from various parties due no later than Aug. 25.

Your input is vital, so please take a few moments to send an e-mail to the PSC with your views.

Here’s an example of one of the letters we are seeing:

Via e-mail: [email protected]
Honorable Kathleen H. Burgess, Secretary
New York State Public Service Commission
Three Empire State Plaza
Albany, NY 12223

Re: 14-M-0183 – Joint Petition of Time Warner Cable and Comcast for Approval of a Holding Company Level Transfer of Control

Dear Secretary Burgess:

As a resident of this state, who is a customer of Time Warner Cable, I am writing to express my staunch opposition to the above-referenced joint petition. This application should be denied outright, simply put, because the merger of Comcast, the nation’s largest cable company, and Time Warner Cable, the nation’s second largest company, would be contrary to the interest of consumers in the State of New York, as well as antitrust laws.

Though executives of both applicants are adamant that this proposed merger would benefit consumers and enhance competition, the ominous, far-reaching implications that will undoubtedly follow render these claims, among others, implausible. That is, if this merger were to take place, a virtual monopoly would be created, giving Comcast unprecedented control over cable and broadband internet networks at the expense of not only consumers, who would receive nothing but fewer choices at higher prices, but also rival businesses, whose viability would certainly be stifled. The proposed merger would likewise pose a threat to net neutrality.

Given the abysmal record of Comcast, which includes being fined for failing to comply with the terms and conditions of its previous and similarly controversial merger with NBC Universal, as well as its political clout, it is clear that the approval of this joint petition would both be inconsistent with the mission of this Commission, as as well as the interest of consumers in this state. It should, accordingly, be denied in its entirety.

Respectfully submitted,
Patrick A. Berry
Volunteer, Common Cause New York

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I Love You Comcast! An Amazing 180 for Former Antitrust Attorney David Balto

Phillip "I got whiplash just watching" Dampier

Phillip “I got whiplash just watching” Dampier

A former policy director at the Federal Trade Commission and antitrust attorney at the U.S. Justice Department has managed an impressive 180 in just a few short months regarding the merger of Time Warner Cable and Comcast.

In February, David Balto told TheDeal the proposed takeover of Time Warner Cable “is a bad deal for consumers.” Today, Mr. Balto’s panoply of guest editorials, media appearances and columns — suddenly in favor of the merger — are turning up in the New York Times, the Orlando Sentinel, Marketplace, WNYC Radio, and elsewhere.

Balto’s arguments are based on “research” which, in toto, appears to have been limited to thumbing through Comcast’s press releases and merger presentation. That was enough:

First, this deal should create benefits for Time Warner customers, who will gain a significantly faster Internet and more advanced television service.

Second, competition is increasing in both the pay-TV and broadband businesses. Ninety-eight percent of viewers have a choice of three or more multichannel services, plus growing options online. Yahoo just announced a new video service, joining Netflix, Amazon and YouTube. In the last five years, cable has lost about seven million customers, satellite has gained nearly two million, and the telecommunications companies have gained six million.

Third, Comcast’s post-merger share of broadband falls closer to 20 percent when including LTE wireless and satellite providers. Over all, 97 percent of households have at least two competing fixed broadband providers — three or more if mobile wireless is included.

We used to wonder why government officials and regulators were so easily fooled by the corporate government relations people sent into their offices armed with press releases, talking points, cupcakes, and empty promises. We understand everyone isn’t a Big Telecom expert, but too often regulators’ reflexive acceptance of whatever companies bring to their table threatens to win them rube-status. We’d like to think Mr. Balto isn’t Comcast’s sucker, and we certainly hope there are no unspoken incentives on the table in return for his recent, very sudden conversion to celebrate all-things Comcast. Maybe he’s simply uninformed.

Balto

Balto

Although our regular readers — nearly all consumers and customers — are well-equipped to debunk Mr. Balto’s arguments, for the benefit of visitors, here is our own research.

First, Comcast’s Internet service is not faster than Time Warner Cable. Mr. Balto needs to spend some time away from Comcast’s merger info-pack and do some real research. He’ll find Time Warner Cable embarked on a massive upgrade program called TWC Maxx that is more than tripling broadband speeds for customers at no extra charge. Those speeds are faster than what Comcast offers the average residential customer, and come much cheaper as well. Oh, and TWC has no compulsory usage limits and overlimit penalties. Comcast’s David Cohen predicts every Comcast customer will face both within five years.

Second, that “advanced TV platform” Balto raves about requires a $99 installation fee… for an X1 set-top box. It also means equipment must be attached to every television in the house, because Comcast encrypts everything. At a time when customers want to pay for fewer channels, Comcast wants to shovel even more unwanted programming and boxes at customers. Older Americans who want their Turner Classic Movies have another nasty surprise. They will need to buy Comcast’s super deluxe cable TV package to get that network, at a cost exceeding $80 a month just for television. Ask Time Warner customers what they want, and they’ll tell you they’d prefer old and decrepit over an even higher cable TV bill Comcast has already committed to deliver.

Has competition truly increased? Not in the eyes of most Americans who at best face a duopoly and annual rate hikes well in excess of inflation. Even worse, for most consumers there is only one choice for 21st century High Speed Internet service – the cable company. Mr. Balto conveniently ignores the fact cable’s primary competitor is still DSL which is simply not available at speeds of 30+Mbps for most consumers. In some areas, like suburban Rochester, N.Y., the best the local phone company can deliver some neighborhoods like ours is 3.1Mbps. That isn’t competition. Verizon and AT&T have both stopped expanding DSL. Verizon has ended FiOS expansion and AT&T’s U-verse still maxes out at around 24Mbps for most customers. AT&T’s promised fiber upgrades have proven to be more illusory than reality, available primarily in a handful of multi-dwelling units and new housing developments. In rural areas, both major phone companies are petitioning to do away with landline service and DSL altogether.

Raise your hands if you want Comcast’s “benefits.” In New York, out of 2,300 comments before the PSC, we can’t find a single one clamoring for Comcast’s takeover. The public has spoken.

Cable "competition" in Minneapolis

Cable “competition” in Minneapolis. Charter and Comcast have also teamed up to trade cable territories as part of the Time Warner Cable merger package deal.

Satellite television’s days of providing the cable industry with robust competition have long since peaked. AT&T is seeking to further reduce that competition by purchasing DirecTV, not because it believes in satellite television, but because it wants the benefits of DirecTV’s lucrative volume discounts.

Any antitrust attorney worth his salt should be well aware of what kind of impact volume discounting can have on restraining and discouraging competition. Comcast’s deal for Time Warner will let it acquire programming at a substantial discount (one they have already said won’t be passed on to customers) so significant that any would-be competitors would be in immediate financial peril trying to compete on price.

Frontier Communications learned that lesson when it acquired a handful of Verizon FiOS franchises in Indiana and the Pacific Northwest. After losing Verizon’s volume discounts, Frontier was so alarmed by the wholesale renewal rates it received, it let loose its telemarketing force to convince customers fiber was no good for television and they should instead switch to a satellite provider they partnered with. It’s telling when a company is willing to forfeit revenue in favor of a third party marketing agreement with an outside company.

So what does this mean for a potential start-up looking to get into the business? Since programming is now a commodity, most customers buy on price. The best triple-play deals will go to the biggest national players with volume discounts – all cable operators that have long agreed never to compete directly with each other.

In the Orlando Sentinel, Mr. Balto seemed almost relieved when he concluded Comcast and Time Warner don’t compete head-to-head, somehow easing any antitrust concerns. It is precisely that fact why this deal must never be approved. Comcast has been free to compete anywhere Time Warner provides service, but has never done so. Letting Comcast, which has even worse approval ratings than Time Warner, become the only choice for cable broadband is hardly in the public interest and does nothing for competition. Instead, it only further consolidates the marketplace into a handful of giant companies that can raise prices and cap usage without restraint.

If Mr. Balto truly believes AT&T and Verizon will ride to the rescue with robust wireless broadband competition, his credibility is in peril. Those two companies, among others, are completely incapable of meeting the growing broadband demands (20-50GB) of the home user. With punishing high prices and staggeringly low usage caps, providers are both controlling demand and profiting handsomely from rationing service at the same time. Why change that?

No 3G/4G network under current ordinary traffic loads can honestly deliver a better online experience than DSL, and customers who attempt to replace their home broadband connection in favor of wireless will likely receive a punishing bill for the attempt at the end of the month. The only players who want to count mobile broadband as a serious competitor in the home broadband market are the cable and phone companies desperately looking for a defense against charges they have a broadband monopoly or are part of a comfortable duopoly.

One last point, while Mr. Balto seems impressed that Comcast would continue to voluntarily abide by the Net Neutrality policies he personally opposes, he conveniently omits the fact Comcast was the country’s biggest violator of Net Neutrality when it speed limited peer-to-peer traffic, successfully sued the government over Net Neutrality after it was fined by the FCC for the aforementioned violation, and only agreed to temporarily observe Net Neutrality as part of its colossal merger deal with NBCUniversal. It’s akin to a mugger promising to never commit another crime after being caught red-handed stealing. A commitment like that might be good enough for Mr. Balto, but it isn’t for us.

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Rupert Murdoch Wants Time Warner (Entertainment), But TW is Playing Hard to Get… for Now

http://www.phillipdampier.com/video/CNN Fox Time Warner Takeover 7-16-14.mp4

CNN broke into regular programming this morning with “Breaking News” the news network may be acquired, at least temporarily, by Rupert Murdoch, owner of Fox News. (2:37)

Rupert Murdoch is grasping for Time Warner (Entertainment).

Rupert Murdoch is grasping for Time Warner (Entertainment).

Rupert Murdoch usually gets what he wants. What he wants now is Time Warner (Entertainment), but he will have to pay a lot to get it.

This morning, Time Warner went public with its rejection of Murdoch’s opening bid of $80 billion, made through 21st Century Fox. That represents a 20% premium for Time Warner shareholders, but executives at the entertainment company that owns HBO, Cinemax, CNN and Turner Broadcasting delivered a firm “no” in response, calling Murdoch’s bid too low.

Although initially rebuffed, many believe the tenacious Murdoch will be back until he wears down Time Warner’s board.

“Rupert Murdoch is not going away,” said Porter Bibb, managing partner at Mediatech Capital Partners. “He’s going to keep upping the price until he gets it.”

Some analysts speculate the magic number will be somewhere in the $100 billion range, despite the fact sources tell CNN that Time Warner really prefers remaining independent.

In light of the recent frenzy of mergers among telecom entities, some believe Time Warner made a major mistake when it spun off its cable properties in 2009 to become wholly independent Time Warner Cable, which today has nothing to do with Time Warner itself. At the time it decided to part ways with its cable systems, the company was still restructuring itself after the failure of the 2000 AOL-Time Warner merger deal, which took years to completely unwind. While the early 2000s saw media consolidation as an important priority, the inability to properly monetize the joint assets of super-sized conglomerates made spinoffs more fashionable.

twTime Warner effectively sold off its in-house distribution platform: Time Warner Cable systems that could be easily convinced to carry every Time Warner-owned network. Comcast didn’t and has become a larger content and distribution company because of its ownership interests in cable networks and its acquisitions like NBC and Universal Studios.

Comparing the two models today, many Wall Street analysts believe Comcast’s vision that bigger is better is probably the right one, especially as cable television faces new competitive threats from online video.

Murdoch clearly believes that, and Bibb speculates Murdoch’s interest in Time Warner is really all about HBO.

http://www.phillipdampier.com/video/Bloomberg Murdoch Wants HBO 7-16-14.flv

Bloomberg News talked with Porter Bibb, managing partner at Mediatech Capital Partners, who believes Rupert Murdoch would buy all of Time Warner just to get his hands on HBO. (6:29)

“It’s really now HBO that’s the driver, and I think that’s the Holy Grail that Rupert had his eye on,” said Porter Bibb, managing partner at Mediatech Capital Partners, said in a Bloomberg News radio interview. “It’s a huge money-maker with a huge potential. And probably the only Netflix killer that’s in the world right now.”

wsj tw vs fox

Fox and its advisers value HBO, the home of “Game of Thrones” and “Girls,” at more than $20 billion, said one person familiar with the negotiations.

HBO GO, HBO’s online streaming platform, is currently hamstrung by content companies imposing restrictions to make sure the online video service is only sold to HBO premium channel subscribers. Nobody can buy HBO GO a-la-carte. But the TV Everywhere-like service is wildly popular with subscribers, some who use it more than they actually watch HBO on linear television. Combining HBO’s coveted content with Fox’s deeper movie and television show library could deliver significant competition to Netflix and Amazon’s video offerings. Murdoch’s media empire is global, opening the door to an international streaming video service.

In short, Rupert Murdoch wants HBO so badly, he’s willing to buy all of Time Warner, Inc. to get it.

“If they succeed, if Rupert gets Time Warner, what he’s got is HBO and Warner Brothers and that’s it,” Bibb said. “He doesn’t need another movie studio. 21st Century Fox is doing great right now. It’s HBO.”

To avoid political landmines, the owner of Fox News Channel said he is willing to spin-off CNN to avoid perceptions that his favored conservative news channel would now control the second largest cable news network. But Murdoch would also effectively control three broadcast television networks if the deal succeeds — FOX, the CW, and MyNetworkTV. Admittedly the latter two lack significant audiences and don’t produce any news or public affairs programming, but they can have influence over their choice of local broadcast affiliates, some who still produce local news, especially in larger cities.

If a deal is reached, four giant media conglomerates will have control over 90 percent of American media.

media-ownership

http://www.phillipdampier.com/video/WSJ Time Warner Fox Merger 7-16-14.flv

The Wall Street Journal notes this kind of media consolidation would never have been possible just a decade or two ago. But does another media mega-merger even make sense? A lot of those on Wall Street believe it does. (5:23)

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Not Only Was Comcast’s Customer Retentions Guy Annoying, He Was Also Factually Wrong

astound-broadband-logoNearly two million people have listened to the Comcast customer service call from hell since it went viral earlier this week.

Comcast quickly decided it was best to apologize:

We are very embarrassed by the way our employee spoke with Mr. Block and Ms. Belmont and are contacting them to personally apologize. The way in which our representative communicated with them is unacceptable and not consistent with how we train our customer service representatives. We are investigating this situation and will take quick action. While the overwhelming majority of our employees work very hard to do the right thing every day, we are using this very unfortunate experience to reinforce how important it is to always treat our customers with the utmost respect.

csrSetting aside all that, we decided to investigate why Mr. Block was willing to subject himself to 18 minutes of phone hell to cancel his service.

At one point, we learn he is switching to Astound, a provider of cable TV, broadband internet, and telephone services on the West Coast, serving over 325,000 residential and business customers within communities in the San Francisco Bay area. Astound is an overbuilder, which means it is one of those rare instances where Comcast faces head to head competition with a company that can deliver more than DSL.

Although Comcast’s rep swore Comcast had the fastest Internet speeds (it doesn’t) and can deliver maximum savings (also wrong), it turns out Astound offers both cheaper and faster Internet service. We’d probably switch too, although we wish Astound would dump its 1TB monthly usage cap. How many customers even come close to that isn’t known, but it is likely under 1%, which makes us wonder why they bother with a cap at all?

We collected pricing information from both Astound and Comcast’s websites and here is what we found:

Stop the Cap! will include this incident in our formal filings with the FCC and New York State Public Service Commission in opposition to the merger of Time Warner Cable and Comcast. Comcast customers tell us Mr. Block’s experiences, although extreme, are not uncommon when dealing with Comcast’s customer retention department.

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Friday is the Deadline for Net Neutrality Comments With the FCC; Here’s How to Get Yours Submitted

netneutralityFriday is the last day to submit your views on Net Neutrality with the Federal Communications Commission. Although there may be some future opportunities to comment, it’s important to make your voice heard with the FCC today. Almost 650,000 Americans have done so to date, and we need to see this number rise even higher to combat the influence and power of Big Telecom companies looking to turn the Internet into a corporate toll booth.

If you recall, FCC chairman Tom Wheeler is promoting a scheme where big ISPs like Verizon, AT&T and Comcast can divide up the Internet and introduce toll lanes allowing preferred paid traffic to travel on the Internet at faster speeds, usually at the expense of unpaid traffic that will get relegated to an Internet slow lane. It’s pay to play, and customers of these ISPs are already getting a preview of the new corporate road map for the net. Netflix viewers on ISPs that don’t have a paid agreement to handle video traffic suffer from rebuffering and lower quality video. But ISPs collecting tolls from Netflix don’t subject their customers to a degraded online video experience. Of course, before ISPs realized they could make money selling fast lanes, Netflix worked fine on virtually all of these providers.

Wheeler’s proposal would extend the two-tiered Internet to other websites and service providers, allowing big telecom companies to hand-pick winners and losers and discriminate in favor of their own Internet traffic. Comcast does that today with online video on certain game consoles. If that video comes from Comcast, it doesn’t count against any usage caps. If it doesn’t, it could get rough sticking to Comcast’s arbitrary usage allowance.

The FCC is in way over its head, unaware of the creative ways ISPs can find loopholes large enough to drive through any well-intentioned consumer protections. There is only once certain way to keep ISPs honest — reclassify them as what they should have been all along – a telecommunications service subject to common carrier rules. That would guarantee ISPs could not meddle with your Internet service for financial gain, could not artificially slow down “non-preferred” traffic to make room for paid traffic, and would guarantee that Internet applications of the future will succeed or fail on their merits, not on how much money they are willing to spend.

Since the FCC website is jammed today, we recommend e-mailing the Commission by this Friday at: [email protected]

Our friends at Free Press have published some sample comments they are getting, which may help you formulate yours. Here is ours as well:

Dear Chairman Wheeler,

Although we believe your intentions are good, your proposed Net Neutrality rules simply do not afford enough protection to preserve a free and open Internet. Troubling signs are already clear as providers test how much they can get away with meddling with Internet traffic. The wireless experience is replete with examples of selective speed throttling, usage caps, and traffic discrimination that allows some content to escape the usage meter and throttle while competitors cannot.

The Internet is a transformative experience for many Americans because for the first time in a long time, entrepreneurs can build online businesses that are judged on their merit, not on how much money they have to spend to achieve and maintain prominence. Anything that allows an ISP to collect additional funds for a “preferred” traffic lane will come at the detriment of others who have to share the same broadband pipe. This is especially evident in the wireless world, which escaped even the light touch regulatory framework of your predecessor. Providers promptly began creating new schemes to further monetize growing data traffic, bandwidth shortage or not. Almost none of these changes really benefit customers — they are simply new revenue-making schemes.

A foreshadowing of what is likely to happen under your proposal is also apparent with Comcast and Netflix. For several years subscribers had no trouble accessing online video. But when the issue of traffic compensation was reintroduced by Internet Service Providers, the upgrades to manage natural Internet growth largely stopped and the Netflix viewing experience on these ISPs deteriorated. Verizon, AT&T and Comcast all argue that a paid traffic deal would adequately compensate them to enhance the viewing experience customers already pay good money to receive with or without a paid peering arrangement with Netflix.

Money drives these debates. If an ISP properly managed their broadband infrastructure, there would be no incentive for any company to contract for a better online experience on a so-called “fast lane” because existing service would perform more than adequately. When a company cuts back on those upgrades, a market for paid prioritization appears. Customers will ultimately pay the price, primarily to ISPs that already enjoy an enormous margin selling broadband service at inflated prices.

A rising tide floats all boats, so your focus should not be as short-sighted as allowing ISPs to divide up the limited broadband highway. The FCC should instead focus on setting the conditions to hasten new competition and force existing providers to upgrade and maintain their networks for the benefit of all subscribers and content producers. The FCC must also move swiftly to cancel state bans on community broadband networks, eliminate regulations that deter broadband start-ups, and maintain enough oversight to guarantee a level playing field on which all can compete.

There is only one way to effectively accomplish all that. Reclassify broadband service the way it should have been classified all along: as a telecommunications service subject to common carrier regulations. Canada has been very successful requiring ISPs to open their last mile networks to competitors, which have allowed people to avoid compulsory usage caps. Customers have a choice of multiple providers from their local phone or cable company, giving rise to much-needed competition.

With strong Net Neutrality, consumers can reach the websites they want without interference. Ignore nonsense suggesting Net Neutrality is a government takeover or censors the Internet — two provably false assertions. In fact, Net Neutrality is the opposite.

I urge you to move with all speed towards reclassification, if only to prevent the inevitable legal challenges to any future policies built on the shakier ground of the current framework, which has not held up well under court scrutiny. I hope the voices of more than a half-million Americans contacting you on this issue will be more than enough to overcome industry objections. We are not asking for 1950s-style telephone regulations. We just want a legally affirmed platform that allows the Internet of today to continue being successful tomorrow.

Yours very truly,

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Canceling Comcast Is Like a Bad Breakup – Listen and Cringe As Comcast Desperately Begs You to Stay

Comcast-LogoDo you remember that high school love that killed you when they decided it was time to move on? You begged, you pleaded for them to change their mind to no avail. Nothing you said made any difference.

Some people never get over that teenage tragedy… and then they go to work for Comcast’s customer retention department indefatigably browbeating departing customers in a misguided effort to salvage damaged relationships with the cable company.

Stop the Cap! reader Bryan shares with us several minutes of the Block family’s life they’ll never get back. After 10 minutes on the phone repeatedly requesting to cancel Comcast service, Block and his wife decided to record the ongoing absurdity to share with the world. The result is eight more minutes of cringing embarrassment as an increasingly exasperated retention representative repeatedly demands to know why they want to leave.

never leaveIt all sounds like eavesdropping on your roommate’s breakup with their boyfriend. Or leaving a cult. This guy just can’t understand what the heck you were thinking when you decided Comcast was no longer right for you. Block was in no mood to explain himself, but for the benefit of others, we’d love to arm you with a few reasons to explain why you don’t want anything more to do with Comcast:

“Being that we are the number one provider of Internet and TV service in the entire country, why is that you are not wanting to have the number one rated Internet service available,” the retention rep demanded to know.

Our answer: Because you want to cap our broadband experience, you charge outrageous prices for renting a cable modem, and your speed claims mean nothing if we don’t actually get those speeds because of yet another outage or service problem.

“So you’re not interested in the fastest Internet in the country,” Comcast’s rep asks.

Our answers: Sure I am, which is why I am switching to the fiber competitor that delivers those speeds -0r- Not if you are putting a usage cap on me. Who wants a Ferrari they are told can’t be driven beyond the block?

“You don’t want something that works? …So why don’t you want something that’s good service and something that works,” asks Comcast’s rep.

Our answer: Do you actually subscribe to Comcast yourself? You guys didn’t win Worst Company in America honors for nothing.

“I’m really ashamed to see you go to something that can’t give you what we can,” argues the rep.

Our answer: That’s right. My long ongoing nightmare of bad service, high prices, and usage capped Internet is finally over. See ya.

If you really want Comcast to convince you to stay, tell them you want a permanent waiver in writing from any usage limits and/or overlimit fees. Demand aggressive discounts that deliver real savings, and never take their first offer. If they can waste 18 minutes of Ryan Block’s time, you can be just as ruthless when demanding a better deal for yourself.

As Ryan indicates, this retention representative is the perfect example of how Comcast won its reputation as one of most hated companies in America.

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