Windstream Communications lost between $3.2-5.1 million in lost profits because of a 2019 false advertising campaign run by Charter Communications in areas where the two companies compete for internet customers, claimed an expert witness in a court hearing to determine the damages Charter must pay.

In December, U.S. Bankruptcy Judge Robert Drain issued a summary judgment finding Charter responsible for sending out misleading advertising fliers that violated the federal Lanham Act and false advertising laws in place in some states.

“Shortly after Windstream filed for Chapter 11 protection, Charter commenced a false and misleading advertising campaign designed to cause irreparable injury and damage to Windstream’s reputation and business,” the original lawsuit filed with the U.S. Bankruptcy Court for the Southern District of New York stated. “Charter targeted Windstream customers in Alabama, Georgia, Kentucky, Ohio, Nebraska, and North Carolina, which are several of Windstream’s top performing states.”

“On the envelopes for the advertisement, Charter intentionally utilized Windstream’s trademark and signature color pattern to mislead Windstream customers into believing that the advertisement came directly from Windstream. Indeed, Charter’s advertisement stated that it was ‘Important Information Enclosed for Windstream Customers.’”

A later investigation found Charter sent at least 800,000 mailers to customers in service areas where Windstream competes with Spectrum.

Jeffrey Auman, executive vice president of sales and marketing at Windstream Communications, told the court last week the false ads directly harmed Windstream’s reputation with its customers, with some left believing the phone company was ceasing operations because of its bankruptcy filing. Auman argued it was fair for Charter to pay damages covering Windstream’s legal expenses to file the lawsuit and cover its advertising and promotional expenses incurred to rebut the ads and retain customers.

A company-provided expert witness testified Windstream lost customers and between $3.2 and $5.1 million in lost profits. Spectrum’s ad campaign also created long term negative “fear, uncertainty, and doubt” about Windstream’s health and ability to service customers. The witness claimed Spectrum’s fliers ended a “growth streak” for the phone company and has caused new customer projections to fall behind.

“It was a big deal with us,” Aubrey testified. “Word of mouth in these small communities means a lot.”

Windstream told Judge Drain the company has spent more than $4.3 million on service credits, promotional retention discounts, and cost-free upgrades to keep customers happy.

Charter has countered Windstream’s customer losses come from its inferior technology, which makes Windstream’s speeds slower and less competitive. Spectrum has upgraded internet customers in the midwest and parts of the southern U.S. to up to 200 Mbps for its Standard internet plan, which is much faster than what Windstream offers many of its DSL internet customers.

With the average speed of DSL service under 10 Mbps in rural counties across the United States, this legacy technology is disenfranchising a growing number of rural Americans and is largely responsible for dragging down overall U.S. internet speed scores. Only satellite internet offers overall lower speed and poor customer satisfaction, according to consumer surveys.

In some areas, customers cannot even get bad DSL service, despite the fact the Federal Communications Commission marks many of those addresses as well-served. According to a new report by the company Broadband Now, the FCC could be claiming at least 20 million Americans have access to robust internet service that, in fact, does not exist, especially in rural counties.

Citylab:

To get its estimate, the Broadband Now team manually ran 11,663 randomly selected addresses through the “check availability” tool of nine large internet service providers that claim to serve those areas. All in all, the team analyzed 20,000 provider-address combinations. A fifth of them indicated that no service was available, suggesting to the researchers that companies may be overstating their availability by 20%, said John Busby, the managing director of Broadband Now. The results also show that 13% of the addresses served by multiple providers didn’t actually have available service through any of them. They then applied these rates across the country to get their final estimate of 42 million people without broadband.

The disparity between their estimate and the FCC’s largely comes from the agency’s reliance on Form 477 reports, in which internet providers self-report the locations they serve. Providers can claim to serve the population of an entire census block if service is provided to just one household in that block. After the release of FCC’s May report, the agency’s Democratic commissioners dismissed the report, berating their colleagues for “blindly accepting incorrect data” and using the numbers to “clap its hands and pronounce our broadband job done.”

Across DSL-heavy rural Ohio, weary residents have nothing to clap about as they desperately look for something better than slow speed DSL from the local phone company.

“It’s a good day when Frontier DSL breaks 2 Mbps, although they advertise (and we pay for) 10 Mbps,” said Fred Phelps, a Frontier DSL customer for more than a decade. “In rural Ohio, it is take it or leave it internet access and we have no choice other than Frontier.”

Phelps has longed for Charter Spectrum to wire his area, next to a large farm operation, but the nearest Spectrum-connected home is a half-mile down the road. Phelps was lucky to get DSL at all. That aforementioned farm paid Frontier a handsome sum to extend its commercial DSL service to the farm’s office, putting Phelps in range for a residential DSL connection.

“It is always slow and frequently goes offline on rainy and snowy days because water is getting into the phone cable somewhere,” Phelps told Stop the Cap! “Service calls are a waste of time because the problem always disappears by the time the repair crew shows up.”

Cindy B (last name withheld at request) is in a similar situation in Ohio. She has a CenturyLink DSL line that averages 1 Mbps, although some of her relatives have managed to get almost 12 Mbps from CenturyLink closer to town.

“CenturyLink treats you like they are doing you a favor even offering DSL service in this part of Ohio. There is no cable TV service for at least 20 miles, so cable internet is out of the question,” Cindy tells us. “They have also made it crystal clear there are no plans to upgrade service in our area.”

She used to be a Viasat satellite internet customer but quickly canceled service.

“Satellite internet should be considered torture and banned as illegal,” Cindy said. “You can spend five minutes just trying to open an email, and the only time we could download a file was overnight, but even that failed all the time.”

Cindy and Fred are collateral damage of the country’s broadband dilemma. They are stuck with DSL, a service that often wildly over-claims advertised speed that it actually cannot deliver in rural areas. In much of rural Ohio, DSL speeds are usually under 6 Mbps, although companies often claim much faster speed on reports sent to the FCC.

“According to the FCC website, we should be getting 24 Mbps internet from Frontier and two other companies, but that simply does not exist,” said Phelps. “I really don’t understand how the FCC can rely on its own database for broadband speed that is not available and never has been.”

Cindy said her children cannot depend on their DSL line and have to do their homework at school or in the library, where a more dependable Wi-Fi connection exists.

“The problem is getting worse because websites are becoming more elaborate and are designed for people who have real internet connections, so often they won’t even load for us,” she said.

But according to the FCC, neither Cindy nor Fred live in a broadband-deprived area. For this reason, public funding to improve internet access is hard to come by because the FCC deems both areas well-served.

South of Ohio, in Warren County, Ky., a local rural electric co-op is not waiting for the State of Kentucky or the federal government to fix inaccurate data about broadband service in the rural exurbs around Bowling Green, usually stuck with slow DSL or no internet access at all. Warren Rural Electric Cooperative and Lafayette, Tenn.-based North Central Telephone Co-Op are working together to lay fiber optic cables to bring fiber to the home internet service to some broadband-deprived communities in the county. Warren RECC serves eight counties in south central Kentucky with over 5,700 miles of electric transmission and distribution lines, mostly in rural parts of the state. Two communities chosen for service as part of a pilot project — Boyce and September Lakes, are more than a little excited to get connected.

The Bowling Green Daily News reports that an informational meeting held in early February drew 300 residents (out of nearly 800) ready to hear more information about the project. Almost 150 signed up for future fiber service on the spot. Many more have subsequently signed up online. The new service will charge $64.95/mo for 100 Mbps service or $94.95 for 1,000 Mbps service. That is about $5 less than what Charter Spectrum charges city folks and is many times faster than what most phone companies are offering in rural Kentucky.

Charter Communications is envisioning building out a rural fixed wireless network on the edges of its existing service areas in rural parts of New York and North Carolina to attract new customers without spending money on extending its hybrid fiber-coax (HFC) network to high-cost areas.

Charter has spent more than a year conducting mobility and fixed wireless tests using small cells in several cities across the country to determine if the technology is commercially viable. The company is focusing on two service scenarios: rural areas within a mile or two of its existing cable footprint and urban and suburban areas already served by Spectrum’s HFC network.

Charter’s rural initiative uses the Citizens Band Radio Service (CBRS) band at 3.5 GHz to provide rural fixed wireless service to areas just out of reach of its cable network. Trials of fixed wireless service are already underway or will be soon in exurban and rural areas near Denver, Tampa, Bakesfield, Calif., Coldwater, Mich., and Lexington, Ky. These first trials were designed to prove the concept of delivering high-speed fixed wireless internet in different areas of the country. In 2020, additional trials are planned for rural parts of New York and North Carolina, with a tentative plan to launch service that same year.

“Results of these trials have been promising as we were seeing speeds that significantly exceed the FCC’s definition of high speed broadband in most circumstances which would allow for video streaming and the use of multiple apps simultaneously,” Charter wrote on its Policy Blog. “We believe fixed wireless access technologies using this mid-band spectrum could offer a cost-effective solution for providing broadband service to homes and businesses in harder to reach rural areas.”

The next step for Charter is a full service trial in rural counties in New York and North Carolina that would offer high-speed wireless broadband to residential customers. Charter began testing its fixed wireless service in Davidson County, N.C. roughly between the communities of Lexington and Salisbury. Each of Charter’s four temporary transmitting locations in Davidson County are licensed to serve a radius of up to 9.3 miles, but most customers are significantly closer to the transmitting sites. Participants get free service for the duration of the trial, a free outdoor antenna and a free combination receiver/router. All equipment remains the property of Charter and is to be returned at the end of the trial.

Charter told attendees at last week’s SCTE/ISBE Cable-Tec Expo in New Orleans that results exceeded performance expectations. Customers are getting in excess of 25/3 Mbps service, and there is enough bandwidth left over for Charter to consider offering a true wireless triple play package of video, internet, and home phone service.

Craig Cowden, Charter’s senior vice president of wireless technology, told attendees Charter envisions CBRS wireless service to extend the Spectrum cable footprint into rural areas just outside of the cable company’s wired footprint, and a good economic case might be possible to offer service to residents that usually fail the company’s Return On Investment test that governs whether Charter will extend wired service into unserved neighborhoods within their franchise area.

But Cowden also sees Charter deploying CBRS in urban and suburban areas to handle wireless traffic for a growing number of its wireless customers. Spectrum Mobile relies on free Wi-Fi networks and an agreement with Verizon Wireless to provide 4G LTE connectivity for its customers. Charter can begin reducing costs by moving mobile traffic off of Verizon’s network and onto Charter’s own mobile network, likely operating on CBRS frequencies.

The CBRS band is suitable for outdoor traffic, but is likely not going to work well when customers go indoors. Charter plans to hand that traffic back to its extensive network of Wi-Fi hotspots, mostly located at businesses using Spectrum’s commercial service, and the customer’s own in-home Wi-Fi.

Charter has been testing its mobile CBRS service from test transmitters in Tampa and Charlotte, N.C., but plans a much more extensive test in New York and Los Angeles utilizing more than 250 cell sites.

In 2017 and 2018, Charter also filed requests for special temporary authority to test 5G service in the 28 GHz millimeter wave band, but those tests appear to be exploratory and there is no indication a commercial deployment effort is forthcoming soon.

Charter’s Experimental CBRS Projects (based on filings with the FCC for experimental and permanent licenses)

Lexington, Kentucky

WM9LXR was licensed on March 23, 2018 and a CBRS transmitter capable of reaching up to a radius of 9.3 miles was placed on top of the Fairfield Inn & Suites by Marriott Lexington North at 2100 Hackney Place in Lexington. The license expired Sept. 19, 2018. A new application to operate this transmitter was filed Nov. 16, 2018 expiring June 4, 2019.

Centennial, Colorado

WM9XTL was licensed on June 1, 2018 and a CBRS transmitter capable of reaching up to 15 miles away was erected just northeast of the Centennial Airport along E. Easter Avenue. This transmitter was designed to experiment with mobile CBRS services. The license expired Dec. 5, 2018.

Another experimental license to test CBRS service was sought Nov. 16, 2018 and expired June 4, 2019.

A license to operate WO9XOY was filed on May 10, 2019 to experiment with a private fixed wireless LTE network in the CBRS band for a corporate client from the same transmitter location as above. The license would expire Dec. 2, 2019.

Los Angeles

WM9XXU was licensed on June 22, 2018 to test CBRS mobile service from four transmitting sites around Baird Park, Van Nuys, Baldwin Hills, and West Anaheim Junction areas. The license expired Dec. 22, 2018.

An application to operate WN9XRT was filed with the FCC on Nov. 16, 2018. CBRS transmitters would operate from the same neighborhoods as above to conduct outdoor and indoor fixed wireless mobile testing within 8 miles of the four fixed locations until Dec. 22, 2018.

An application to run WO9XQW on an experimental basis was filed May 31, 2019 to expire Dec. 19, 2019. The license application described the CBRS test project:

Charter will deploy experimental fixed and mobile equipment in various configurations. Depending on the testing scenario, devices will be deployed on existing aerial cable strand, on existing buildings/poles or indoors.

Specifically, Charter will use the following deployment approaches:

1. Strand mount deployment: 118ft. height.
2. Building/pole mount deployment: up to 100ft. height.
3. Indoors: up to 40ft. height (3rd floor indoor).

New York

WM9XXV was licensed on June 22, 2018 to test various CBRS applications from three transmitter sites:

125th Street & Rockaway Blvd. Jamaica
72nd Street Flushing
South Beach, Staten Island

The license expired Dec. 22, 2018.

An application for WN9XRS was filed with the FCC on Nov. 16, 2018 to expire Dec. 23, 2018 to test CBRS services from the three locations noted above. On May 31, 2019, another application was filed to continue testing until Dec. 19, 2019.

Charlotte, North Carolina

A pending application filed Aug. 28, 2019 for WN9XHY, a CBRS transmitter located on S. Caldwell Street next to Spectrum Center was filed on Aug. 28, 2018. Charter sought to cover a radius of just over 9 miles to test fixed and mobile applications with an expiration of March 16, 2019.

An application for WO9XCX was filed on March 15, 2019 set to expire Sept. 29, 2019. This is a CBRS experimental project to test indoor and outdoor fixed and mobile wireless reception from two fixed transmitter locations located at Spectrum Center and the Clanton Park/Roseland neighborhood. An application for an additional experimental license was filed March 15, 2019 with an operational end date of Sep. 28, 2019.

Tampa, Florida

An application for WN9XHZ, a CBRS transmitter covering up to 8 miles from Ybor Heights was sought on Aug. 28, 2018 to expire March 16, 2019. It was to test fixed and mobile CBRS applications.

Keystone, Iowa

A license to operate WN9XIX from a mobile transmitter van was filed Sept. 6, 2018 to expire March 30, 2019. An additional application to operate a similar CBRS test project was filed Sep. 17, 2019 and set to expire March 28, 2020. On Sep. 20, 2019 an application was filed to operate WP9XIC until March 29, 2020. This latter project is designed “to evaluate 5G frequencies and technologies for their use in point-to-multipoint access network capacity (e.g., rate versus range) and data throughput. The proposed operations will advance Charter’s understanding of technology and network potential using mid-band spectrum and will advance the potential deployment of fixed and mobile 5G services.”

Bowling Green (and Lake Wales), Florida

A license application filed Nov. 28, 2018 proposed to test wireless service in the so-called C-Band spectrum now used by satellites to check how well it performs with the potential of interference from licensed satellite TV services. Outdoor-only tests of wireless service within a two-mile radius of fixed transmitter locations in the vicinity of Bowling Green and Lake Wales were underway until the license for WN9XSQ expired June 10, 2019.

An additional license to further test potential C-Band spectrum for interference issues was sought to begin Dec. 12, 2018 and expiring June 10, 2019.

Davidson County, North Carolina

Charter applied for an ongoing license to operate WJ2XZT, a CBRS project consisting of four transmitters each serving a radius of approximately nine miles, to provide fixed wireless service to customers in this part of rural North Carolina. The transmitters are located at three locations:

153 Sigmon Road, Lexington
185 Chestnut Grove Church Road, Lexington
784 Mount Carmel Road, Lexington

Park City, Utah

On July 3, 2019 the company applied for WK2XIP, a new one-year experimental project:

“As part of its efforts to lead the industry in broadband innovation, Charter intends to conduct fixed wireless experiments in the 3550-3700 MHz band. The proposed operations will advance Charter’s understanding of 5G technology and network potential in mid-band spectrum and will advance the potential deployment of 5G fixed and mobile services.

“Charter will conduct the proposed test using antennas at a location in the Park City, Utah area. These experiments will evaluate the 3550-3700 MHz frequencies and 5G technologies for their use in real-time communications in a low-latency environment.

“The tests will utilize fixed transmitters with a 2km or smaller effective radius. The antennas will be mounted on a hydraulic mast attached to a mobile trailer, which will be located at the requested test location. The radios will be pointed towards the side of the mountain, the peak of which is higher than the peak height of the mast. The trailer mast can be raised to 10.4 meters.”

Colorado Springs, Colorado

An experimental license for WO9XXJ was filed July 18, 2019 to test a millimeter wave 5G network in the 37 GHz band. The license expires Jan. 28, 2020.

AT&T customers in nine southeastern states can expect long delays getting new service installed and existing service repaired as a result of a strike by AT&T workers that began last weekend.

More than 20,000 AT&T technicians and customer service personnel that belong to the Communications Workers of America walked off the job on Saturday citing unfair working conditions including reduced paid sick time, increased responsibilities for overworked technicians, a mandatory requirement that employees be ready to report to work anytime day or night, and other work and benefit changes.

CWA officials claim their last official pre-strike talks with company officials were held August 20. A decision to strike was taken after AT&T sent corporate labor relations experts to the bargaining table with no authority to make contract decisions, which the union called “disrespectful.”

“It turns out that for over three months, we have been bargaining with people who do not have the real authority to make proposals or to reach an agreement with us,” officials at CWA Local 3 complained. “AT&T has also changed to rules of the game by changing our agreement about how we meet and bargain. As a result, CWA was forced to file unfair labor practice charges against AT&T for bargaining in bad faith.”

The strike affects AT&T residential and business customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. Customers started noticing the impact of the strike almost immediately.

“My son started UAB today, and my daughter is starting school tomorrow,” said AT&T customer Cynthia Young in Clay, a suburb of Birmingham, Ala., who lost service a few days ago. “Everything they do nowadays is on Google Classroom or some other platform on the internet.”

Young told WBRC-TV that an AT&T technician did not appear for a scheduled repair call, and the company is now giving her and other customers “the runaround.”

“No one called. We had a scheduled appointment. I understand things are going on but someone could have called, or, I could have gotten a text message saying, ‘due to unforeseen circumstances we could not keep your appointment. We will be in contact with you to reschedule’. You know, something that’s just good business,” complained Young.

Another Birmingham customer was told repair appointments now take more than a week, and her last appointment resulted in a no-show by AT&T technicians.

AT&T claimed it was surprised by CWA’s decision to strike, which the company says came without warning.

“We’re surprised and disappointed that union leaders would call for a strike at this point in the negotiations, particularly when we’re offering terms that would help our employees,” AT&T said in a statement. “We remain ready to sit down with union leaders to negotiate a new, improved contract for our employees. We listen, engage in substantive discussions and share proposals back and forth until we reach agreement. We are prepared for a strike and in the event of a work stoppage, we will continue working hard to serve our customers.”

The workers four-year contract with AT&T expired on Aug. 3, but both sides agreed to continue talks to find a compromise. The decision to strike came after union officials learned they were negotiating with company representatives that had no authority to negotiate. CWA said further talks were pointless until AT&T sent negotiators that can sign a new agreement.

AT&T employees in the affected region tell Stop the Cap! that service calls are being managed by some managers and supervisors until out of area contractors and employees can be brought in. Only high priority outages and urgent maintenance work is being completed. Routine service calls and new installations are being scheduled more than a week out or postponed altogether. If the strike lingers into several weeks, customers should be prepared for no-show service calls and additional delays.

WAGA in Atlanta interviews a CWA representative about what AT&T is offering vs. what they are distorting in their PR campaign. (2:18)

WXIA in Atlanta visits an AT&T picket line and explains what the strike is all about. (2:08)

WBRC in Birmingham, Ala. reports some AT&T customers are finding long delays getting service installed or repaired. (2:04)

Starry, Inc., a fixed wireless internet provider, this week announced it has won 104 licenses in the FCC’s recent spectrum auction, allowing the company to launch service to over 40 million people in 25 states, potentially covering more than 25% of all U.S. households.

“We are excited to take this important next step, augmenting our shared spectrum strategy with exclusively licensed spectrum,” said Starry CEO and co-founder Chet Kanojia. “This gives us the ability to provide access to unlimited, affordable, high quality internet access. We built our technology to be agile and operate across a range of frequencies, so that we could take advantage of opportunities like this to expand and grow our network.”

Starry’s internet service advertises 200/200 Mbps speed without data caps for a flat $50 a month, equipment included. The service will now also use licensed frequencies in the 24 GHz band and reach customers over a point-to-multipoint network that serves multi-dwelling residential units primarily in dense urban areas, but can affordably service other areas with a significant population density.

Starry claims to offer a simple, no bundles, no-long-term contract, no-data caps, no-hidden fees plan of $50 per month, and is up and running in parts of Boston, Los Angeles, Washington, D.C., New York City, and Denver. Customers give Starry a rating of 4.9 out of 5.0 stars in over 100 Google reviews.

Customers like Raphael Peña are fans.

“It’s awesome so far, 300 Mbps down and about the same up,” Pena writes. “The price is right and I can play Battlefield V or any other game with no lag. I just wish you could get this for homes but I’m loving it in my apartment.”

So far, Starry is focused on serving multi-dwelling units like apartments and condos in downtown areas that are increasingly attractive to younger residents. The technology can be extended to serve other customers at an average cost of around $20 per residence. Most of their customers are young cord-cutters or cable-nevers, and Starry only sells internet service, skipping video and phone service. Starry works closely with real estate developers, which may be similar to those canary wharf estate agents, and owners to deploy Starry internet service, sometimes as an amenity to attract new renters and keep current ones happy.

With the latest spectrum acquisition, Starry plans to expand service in phases, starting with Chicago, San Francisco, Houston, Dallas, Seattle, Detroit, Atlanta, Indianapolis, Philadelphia, Miami, Memphis, Phoenix, Minneapolis, Manchester, N.H., Portland, Ore., and Sioux Falls, S.D. But the company also plans to reach cities in the 25 states where it now holds licensed spectrum. How fast it reaches these cities will depend on available funding and subscriber interest:

Starry’s Spectrum Licenses Cover These Communities

State	Cities
Alabama	Birmingham, Huntsville, Mobile
Arizona	Tucson
Arkansas	Little Rock
Colorado	Colorado Springs, Fort Collins
Florida	Jacksonville, Tallahassee
Idaho	Boise City
Illinois	Decatur
Indiana	South Bend, Fort Wayne, Bloomington
Kansas	Wichita
Kentucky	Louisville
Ohio	Cleveland, Cleveland, Cincinnati, Toledo, Dayton, Columbus
Massachusetts	Springfield
Mississippi	Jackson
Nevada	Las Vegas, Reno
New Mexico	Albuquerque
New York	Buffalo, Albany, Syracuse, Rochester
North Carolina	Fayetteville, Greensboro, Charlotte, Raleigh
Louisiana	Baton Rouge, New Orleans
Pennsylvania	Harrisburg
South Carolina	Charleston
Tennessee	Nashville, Chattanooga, Memphis
Texas	San Antonio, Brownsville, Lubbock, El Paso
Virginia	Virginia Beach
Washington	Spokane
Wisconsin	Milwaukee, Madison
Courtesy of: Starry.com

Light Reading’s Mike Dano discussed how to build an affordable fixed 5G internet service with Alex Moulle-Berteaux, chief operating officer for Starry, at the Big 5G Event in Denver on May 8, 2019. (16:41)