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Stop the Cap!’s Formal Testimony to N.Y. PSC Opposing Charter/Time Warner Cable Merger

charter twc bhSTATE OF NEW YORK



Joint Petition of Charter Communications and Time

Warner Cable for Approval of a Transfer of Control

of Subsidiaries and Franchises, Pro Forma                                Case 15-M-0388

Reorganization, and Certain Financing Arrangements.                               


Statement of Opposition to Joint Petition and

Response to Redacted Comments of DPS Staff

Phillip M. Dampier, Director and Founder: Stop the Cap!

Rochester, New York

September 25, 2015

Stop the Cap! is a Rochester-based consumer group founded in 2008 to fight against the introduction of artificial limits on broadband usage (usage caps, consumption billing, speed throttling) and to promote better broadband speeds and service for consumers. Our group does not solicit or accept funding from lobbyists, companies, or others affiliated with the telecommunications industry. We are entirely supported by individual donors who share our views.


Our opposition to the Joint Petition is based on our belief it does not meet the “public interest”  test established in Section 222 of the New York Public Service law, and must therefore be denied.

For the sake of brevity, we wish to associate ourselves with most of the views of the DPS Staff contained in their redacted comments regarding this case, published on the DPS website on September 16, 2015. Most of our testimony will seek to expand on their findings or add additional information to the record for the Commission’s consideration.

As we stated in our remarks regarding the Comcast-Time Warner Cable merger, New York law obligates the applicant alone to demonstrate its proposal is in the public interest. If the Commission finds the application does not meet the public interest or provide sufficient public benefits, it should be rejected. The DPS staff has reported to you Charter Communications and Time Warner Cable have not met their burden. We agree.

The DPS staff then proposes a mitigation strategy in an effort to tip the balance in favor of the applicant. It remains our view it is not the Commission’s responsibility to help tip the balance in favor of an applicant that has failed to meet its burden.

Nevertheless, we offer the Commission our insight about Charter Communications, its proposals, and the DPS staff recommendations with the hope it will be useful to win commitments from Charter should the Commission choose to proceed with approval, enforcing modifications to deliver the public interest benefits consumers across New York tell us they actually want and need from their providers.


Phillip Dampier

Phillip Dampier

New York State, particularly across the upstate region, is not well positioned to take advantage of next generation broadband networks. Just two providers deliver telecommunications services to the majority of New York: Verizon Communications and Time Warner Cable. Although Frontier Communications and Cablevision also deliver service, their service areas are much smaller than the two dominant incumbents. The decisions Verizon and Time Warner Cable make about their investments in broadband and telephone service affect millions of New Yorkers.

Many New York residents have only one choice for Internet service that meets the Federal Communications Commission’s definition of broadband: 25Mbps download speed and at least 3Mbps upload speed.[1] In areas where Verizon FiOS is not available, Time Warner Cable is the only significant provider consistently providing service options at or above 25Mbps. The most common alternative is DSL, which rarely meets the FCC’s minimum definition of broadband.

With this in mind, the FCC reported 53 percent of rural Americans lack access to broadband service achieving speeds of 25Mbps or better. As much as 20 percent still lack access to broadband at speeds achieving the FCC’s old benchmark of 4Mbps. Upstate New York, in particular, is a long way away from achieving the goals of 100Mbps broadband set by Gov. Cuomo, unless you have access to a cable broadband provider.

In Rochester, the majority of residents have only one choice for a provider that meets the FCC’s definition of broadband: Time Warner Cable. While Frontier Communications has made investments to improve their wireline network, only a small minority of customers qualify for DSL service that can meet the FCC’s benchmarks.

While Verizon Communications has done an admirable job delivering its fiber to the home service FiOS to portions of New York, the company has suspended expansion of the service and has not even met its service obligations in cities like New York.[2]

Even more concerning is the fact none of the significant incumbent providers serving New Yorkers have expressed any interest in providing residential gigabit speed service. Google Fiber has not announced any expansion into New York State and other significant gigabit speed providers, including AT&T, do not provide wireline service in New York.

In contrast, in states including Texas, North Carolina, Georgia, Missouri, and Tennessee, many consumers have the option of choosing at least two gigabit service providers (Google or AT&T) as well as municipal or public broadband providers such as EPB, which serves the Chattanooga area. Time Warner Cable has focused much of its upgrade activity on these communities to remain competitive, delivering 300Mbps broadband service for the price it used to charge for 50Mbps speeds.

In western New York, the fastest broadband speed most residential customers can buy is just 50Mbps. Charter Communications proposes to increase that speed in some areas to a maximum of 100Mbps, along with their entry level 60Mbps plan. Although helpful, that offers little solace to residents and small businesses that would like the option to purchase considerably faster Internet speeds that are now becoming available in other parts of the country.

The Commission’s decision will have an enormous impact on what kinds of telecommunications services will be available to New Yorkers for years to come. Verizon has shown no interest in resuming fiber service upgrades, so most customers will continue to purchase Internet access from the incumbent cable operator to obtain the broadband speeds they require. Today that usually means Time Warner Cable. Sometime next year, that could be Charter Communications.

Time Warner Cable vs. Charter Communications

The most important question before the Commission is which cable operator is better positioned to deliver the services customers in this state want and/or need. We argue that operator is Time Warner Cable, not Charter Communications.

Since the termination of the Comcast-Time Warner Cable merger, Time Warner Cable has responsibly invested in their infrastructure without assuming an irresponsible amount of debt.

twc maxxTime Warner Cable CEO Robert Marcus reported significant progress in their first quarter 2015 report to shareholders and customers, despite the distraction of the Comcast merger[3]:

Over the past 16 months, we’ve made significant investments to improve our customers’ experience:

  • Investing more than $5.2 billion to, among other things, improve the reliability of our network and upgrade customer premise equipment – including set-top boxes and cable modems – with the latest technologies and expand its network to additional residences, commercial buildings and cell towers;
  • Launching TWC Maxx, which features greater reliability, all-digital video, advanced TV services, standard tier of Internet speeds at 50 Mbps, and higher tiers of service up to 300 Mbps. New York, Los Angeles and Austin are complete; Dallas, San Antonio and Kansas City are underway; Charlotte, Raleigh and Hawaii are slated for later this year; and San Diego is expected to be done in early 2016;
  • Introducing Enhanced DVR, a six-tuner set-top box that allows customers to record up to six shows simultaneously and store up to 150 hours of HD content;
  • Increasing the number of Cable Wi-Fi hotspots available to our customers to 400,000;
  • Rolling out our cloud-based video guide to 8 million set-top boxes to date. The guide also makes it easier to browse our On Demand library, which now sits at 30,000 free and paid titles and continues to grow;
  • Expanding our industry-leading TWC TV app – which allows customers to watch live TV and On Demand content and control and program their DVR from inside and outside the home. TWC TV is now available on Xbox One, Xbox 360, Amazon Kindle Fire HD and HDX tablets, Android and IOS phones and tablets, Fan TV, PCs, Samsung TV and Roku;

Serving customers on their schedules rather than ours. We expanded one-hour appointment windows across the company and in Q1 met that window 97 percent of the time. We continue to add nighttime and weekend appointments.



Since that report, Time Warner Cable has announced new Maxx service upgrade areas – Greensboro and Wilmington, N.C. At least 45 percent of Time Warner Cable’s national footprint will be serviced with Maxx upgrades by the end of this year, and Marcus has indicated additional cities will receive upgrades in 2016.[4]

Marcus has indicated repeatedly he intends to see Maxx service upgrades extend even further. On the January 29, 2015 quarterly results conference call with investors, Marcus indicated Maxx upgrades delivered tangible benefits to the company, including increased customer satisfaction, higher network reliability, and a stronger product line. Based on those factors, it would be logical to assume Time Warner Cable would continue its upgrade project, and indeed Marcus confirmed this in his remarks:

“Our aim is to have 75% of our footprint enabled with Maxx […] by the end of [2016], and my guess is we’re continuing to roll it out beyond that,” said Marcus[5]. “So the only question is prioritization, and obviously as we think about where to go first, competitive dynamics are a factor. So that includes Google, although it’s not explosively dictated by where Google decides to go. In fact I think we announced the Carolinas before Google did their announcement this week. So competitors are certainly relevant obviously.

At the rate Time Warner Cable has been rolling out Maxx upgrades, which were first announced on January 30, 2014[6], with 45% of its service area upgraded within 23 months, it is likely the company would complete its Maxx upgrade to all of its service areas within the next 24-30 months. The DPS staff also notes, “there is no indication that Petitioner’s plan for converting to all-digital in New York is any different from Time Warner’s existing plan.”

Charter’s upgrade proposal is, in fact, generally inferior to what Time Warner Cable is accomplishing on its own. We strongly recommend the Commission carefully consider whether Charter’s proposal is as truly compelling as they claim.

Charter Communications’ upgrade proposal is not a good deal for New York.

We agree with the DPS staff’s conclusion Time Warner Cable, on its own, would likely complete its Maxx upgrade program across upstate New York at or around the same time Charter’s proposed upgrades would be complete. Therefore, when comparing Charter’s proposal with Time Warner Cable’s existing service, we urge you to use Time Warner Cable Maxx service as the benchmark, not the existing level of service provided in upstate New York today.

chartersucksTime Warner Cable Maxx offers 50/5 Mbps speeds under its most popular Standard plan. In contrast, Charter proposes to offer 60/5Mbps service under its most-popular Spectrum plan. While Charter’s offer is superior at first glance, it comes at a cost to customers looking for more budget-priced service or those seeking faster speeds.

Charter has no plans to continue Time Warner Cable’s $14.99 Everyday Low Price Internet service – a very important offer for low income residents and senior citizens who are unable to afford the nearly $60 regular price both companies charge for their 50 or 60Mbps tiers. Time Warner Cable offers this tier without preconditions, restricted qualifiers, contracts, or limits on what types of services can be bundled with it. Any consumer qualifies for the service and can bundle it with Time Warner Cable telephone service for an additional $10 a month, which offers a nationwide local calling area, as well as free calls to the European Union, Mexico, Puerto Rico, and several Asian nations.

The loss of a $25 plan that includes basic Internet access and a bundled, 911-capable telephone line would be devastating to low-income New Yorkers and senior citizens. During the Comcast-Time Warner Cable hearings, no topic elicited as much interest as Internet affordability. Time Warner Cable clearly offers a superior product line for these customers, including two other Internet service tiers offering stepped up Internet speeds in $10 increments. These options would be unavailable from Charter.

Charter’s proposed solution to serve low-income New Yorkers is adoption of Bright House Networks’ Connect2Compete program, which offers restricted access to $9.95/month Internet service for those who qualify.

Stop the Cap! investigated Bright House Networks’ existing offer in a report to our readers[7] in June 2015, and we urge the Commission to look much more closely at the specific conditions Bright House customers have had to endure to qualify to subscribe:

1) You must have at least one child qualified for the National School Lunch Program. They need not be enrolled now.

2) You cannot have been a Bright House broadband customer during the last three months. If you are a current customer, you must first cancel and go without Internet service for 90 days (or call the phone company and hope to get a month-to-month DSL plan in the interim.)

3) If you have an overdue bill older than 12 months, you are not eligible until you pay that bill in full.

4) Bright House does not enroll customers in discounted Internet programs year-round. From a Bright House representative:

“We do participate in this particular program, however, it is only around September that we participate in it. This is a seasonal offer that we have which can only be requested from the middle of August to the middle of September, which is when most start up with school again for the year.”

5) Bright House does not take orders for the Low-Income Internet plan over the Internet. You have to enroll by phone: (205) 591-6880.

connect2competeFamilies fall into poverty every day of the year, and poverty-stricken families move from one school district to another every day of the year. So it’s horribly unfair to tell them they’d qualify for this program if only they had fallen into poverty sometime between the middle of August and the middle of September.

It has been our experience covering service providers across all 50 states that most design these low-cost Internet access programs with revenue protection first in mind. Charter Communications is no different. As with Comcast, Connect2Compete is only available to families with school age children. Applicants face an intrusive, complicated, and time-restricted enrollment process designed to dampen and discourage enrollment.

The interest in meeting the needs of low-income customers would be laudable if not for the insistence otherwise-qualified existing customers cannot downgrade their regular price broadband plan to Connect2Compete unless they voluntarily go without Internet service for three months.

We strongly recommend Charter Communications be compelled to continue Time Warner’s $14.99 Internet plan, but at speeds no less than 25Mbps, the minimum definition of entry-level “broadband” by the FCC. We also recommend Charter be required to further discount this plan to $9.95 a month for qualified customers who meet a simple income test the Commission can define and establish. These discount programs should not just be available to families with school-age children. Everyone needs affordable Internet access, whether you are single and looking for your first job or a fixed income senior citizen.

All restrictions for existing customers or those with an outstanding balance must be prohibited and sign-ups must be accepted 365 days a year with re-qualification occurring not more than once annually.

Charter’s broadband offers for lower-income New Yorkers are not adequate, and neither are their plans for customers who need enhanced service.

Time Warner Cable Maxx delivers a more compelling offer for consumers and small businesses that need much faster Internet access. Charter’s upgrade will offer customers two choices: 60 or 100Mbps service. Time Warner Cable Maxx offers considerably more[8]:


Charter Communications has only committed to provide customers with unlimited Internet access for three years. Time Warner Cable CEO Robert Marcus has repeatedly made it clear compulsory usage caps are off the table at Time Warner Cable – a lesson they learned after customers pushed back and forced them to shelve a usage cap experiment planned for Rochester and other cities in April 2009[9]. The company has never raised the possibility of compulsory usage limits or usage-based billing again.

“We have no intention of abandoning an unlimited product we think that something that customers value and are willing to pay for,” said Time Warner Cable CEO Robert Marcus. “The way we’ve approached usage-based pricing is to offer it as an option for customers who prefer to pay less because they tend to use less. And we’ve made those available at 5 gigabytes per month and 30 gigabytes per month levels.[10]

Time Warner Cable again offers a better choice for New Yorkers. With many New Yorkers having no practical alternatives, imposing usage limits or forcing customers into even higher-priced usage billing plans would only make New York even less attractive for those who need high quality Internet access for education, telecommuting, or to assist in running a small business. Google Fiber, in contrast, offers 1,000Mbps service with no usage caps at all. Many other providers also have no plans to introduce usage caps.

Charter Communications has a history of capping their customers’ usage. Less than three months before announcing it would acquire Time Warner Cable, Charter Communications quietly dropped usage caps in place on its broadband plans since 2009, without explanation and the FCC now wants to know why, as they also contemplate the impact of the merger[11] [12]. In addition to the anti-consumer practice of placing customers on an unnecessary usage allowance, such usage limits may also be established for anti-competitive reasons to limit exposure to online video streaming, which competes directly with cable television. Customers who watch a lot of online video are those most likely to face service suspension or find overlimit usage fees applied to their bill.

junk3Almost all of Charter’s so-called customer-friendly commitments and policies have a very unfriendly expiration date of three years, which should be unacceptable to the Commission. There is no reason Charter cannot extend its commitments to not charge modem fees, adhere to the basic principles of Net Neutrality, and not impose usage caps or other forms of usage billing permanently. Without such a commitment, consumers could soon pay much higher prices for broadband service, and without robust competition unlikely to develop in most of New York over the next three years, there will be every incentive for Charter to further boost earnings by imposing modem fees and usage pricing on its customers.

One of those incentives is the level of debt Charter Communications will assume in this transaction. DPS staff is correct when they noted New Charter’s debt and lowered credit rating “represents the single most substantial risk of the proposed transaction.”[13]

Debt servicing costs and more expensive credit are both deterrents to investment and are likely to limit the scope of Charter’s ongoing system upgrades and maintenance. Charter is a much smaller cable operator than Time Warner Cable, and is itself still in the process of repairing and upgrading its own cable systems and those it acquired in earlier acquisition deals. Time Warner Cable, in contrast, is in a much stronger financial position to carry out its commitments associated with the Maxx upgrade program.

consumer reportsSpecifics about Charter’s commitments to expand service into unserved areas of New York were either vague and non-specific or redacted. The past history of winning expansion commitments from cable operators who rely on Return On Investment (ROI) formulas to determine which homes and businesses they will serve have met with limited success.

The pervasive problem of rural broadband availability is unlikely to be resolved substantially by this transaction without the strongest buildout requirements. But even that is unlikely to be of much help for large sections of New York outside of existing video franchise areas. Compelling Charter Communications to adopt universal service obligations within all existing Time Warner Cable franchise areas may be a good start. Under such a requirement, any consumer or business that wants cable service and lives within the geographic boundaries of an existing franchise area would receive it upon request without construction fees, surcharges, or other passed-along fees to reach that customer, regardless of their distance from the existing cable plant or ROI formula. The largest impact of this would be to extend cable service into business parks and commercial buildings, which often lack cable service, but many suburban and exurban residential customers would also benefit.

But the Commission must look carefully at Charter’s financial capacity to meet these obligations after assuming control of a company much larger than itself. No commitment is worth much if a company ultimately fails to deliver on it.

An overburdened cable operator is also unlikely to make substantial investments in improving customer service, and that makes the risk of depending on Charter Communications to improve Time Warner Cable’s already poor customer service rating doubtful. Competition is the biggest incentive to improve customer service and responsiveness, and that is unlikely to prove much of a factor for large sections of New York over the next few years. In fact, we argue customer service is likely to deteriorate for New Yorkers in the short term because of the disruptiveness of any ownership change and eventual billing system integration. Again, Charter’s proposal offers no compelling public interest benefit to New Yorkers. The fact DPS staff is proposing a performance incentive mechanism to compel service improvements illustrates absent punitive measures, Charter Communications is unlikely to offer any improvement over Time Warner Cable, and may in fact perform worse.

Consumer Reports rates both companies’ Internet Service poorly[14]:

  • Charter: 63 (Reader Score), Poor Value, Fair Reliability, Good Speed, Mediocre Phone/Online Support, Fair In-Home Support
  • Time Warner Cable: 57 (Reader Score), Poor Value, Fair Reliability, Fair Speed, Mediocre Phone/Online Support, Fair In-Home Support

Virtually nothing Charter Communications has offered as a public interest benefit meets that criteria. Its commitment to improve cable television does not offer any significant benefit to New York cable TV subscribers. Both Time Warner Cable and Charter propose to move to all-digital cable television to free up bandwidth to offer improved broadband.



While consumers clamor for smaller, less-costly cable television packages, Charter Communications’ CEO Thomas Rutledge is credited for inventing the “triple play” concept of convincing customers to package more services – broadband, television and telephone — together in return for a discount. Reuters cited his penchant for “simplified pricing,”[15] which is why Charter offers most customers only two options for broadband service and one giant television package dubbed Spectrum TV containing more than 200 channels.[16]

Unfortunately, any benefits from an all-digital television package are likely to be dismissed when customers get the bill. Currently, many Time Warner Cable customers watch analog television channels on television sets around the home without the need to rent a costly set top box. Any transition to digital television will require the rental of a set top box or purchase of a third-party device to view cable television programming. These can represent costly add-ons for an already high cable bill.

With approximately 99 percent of customers renting their set-top box directly from their pay-tv provider, the set-top box rental market may be worth more than $19.5 billion per year, with the average American household spending more than $231 per year on set-top box rental fees. These are some of the findings from Senators Edward J. Markey (D-Mass.) and Richard Blumenthal’s (D-Conn.) query of the top-ten pay-tv multichannel video programming distributors (MVPDs).[17]

Passed by Congress in December, the STELA Reauthorization Act of 2014 repealed the set-top box integration ban, which enabled consumers to access technology that allowed use of a set-top box other than one leased from their cable company. Without the integration ban, by the end of this year, cable companies will no longer be required to make their services compatible with outside set-top boxes, like TiVo for example, bought directly by consumers in the retail marketplace.

American cable subscribers spend, on average, $89.16 a year renting a single set-top box. The average set-top box rental fee for each company was used to calculate an overall set-top box rental cost average across companies: $7.43 a month, or $89.16 per year. Considering many homes rent a DVR box to make and view recordings and maintain less-capable boxes on other televisions, the total cost adds up quickly. The average household spends $231.82 a year on set-top box rental fees, according to Sens. Markey and Blumenthal.

Charter proposes to introduce a new generation of set top boxes but as far as we know, has not disclosed the monthly cost of these IP-capable boxes to subscribers. We anticipate they will cost more than the current equipment provided by Time Warner Cable, which has also been increasing the cost of its set top box rentals.

Time Warner Cable’s entry level Digital Transport Adapters, which convert digital/HD signals for older analog-only television sets, almost tripled in price over just one year. Originally introduced for $0.99 a month, the rental fee increased this year to $2.75 a month for customers in Rochester.[18]

Other points the Commission should consider in reviewing this transaction:

  1. DPA staffers claim the transaction is unlikely to alter the competitive landscape because Charter Communications and Time Warner Cable do not have overlapping service areas. While it is true Charter and Time Warner don’t compete for the same customers, it is inaccurate to suggest the transaction will not alter competition. Cable industry consolidation is underway, in part, to help larger combined operators secure better volume discounts for increasingly expensive video programming.

    AT&T’s primary motivation to acquire satellite provider DirecTV was to secure better prices for video programming, both for DirecTV customers but more importantly for its own, much smaller, U-verse TV operation.[19]

    The cost barrier for new, directly competing entrants into the cable television business is well-recognized, even by smaller independent cable television providers that are having difficulty staying profitable and maintaining investments in broadband as they lack the ability to secure similar volume discounts for themselves. The American Cable Association, representing small operators, warned the FCC “existing providers of both broadband and MVPD services and new entrants will be deterred from expanding their broadband networks or otherwise undertaking new builds” as a result of increasing programming costs.[20]

    As a result, it is unlikely a new provider will be able to develop a sustainable business model that includes cable television while paying wholesale programming costs that are dramatically higher than what combined companies like New Charter will pay.

  2. The Commission must insist that upstate New York is treated equally to the New York City market. If the deal is approved, Charter must be compelled to commit to continue Time Warner Cable’s Maxx upgrade initiative across all of its service areas in New York State, to be completed within 30 months. Nothing less than that should be acceptable to the Commission. We agree with the DPS staff’s recommendation that Charter also be compelled to upgrade facilities to support gigabit broadband, but this should be extended to include all of its service areas in New York, not just the largest cities.

    This does not pose a significant challenge to any cable operator. With the upcoming introduction of DOCSIS 3.1 technology, cable operators even smaller than Charter will support 1Gbps broadband speeds as they drop analog television signals. Suddenlink[21], MidContinent[22], Cox[23], and Mediacom[24] already have gigabit deployment plans in the works. If Fargo, N.D. is getting gigabit broadband from MidContinent Communications in the near future, Charter should have no problem offering similar service to customers in Jamestown, Penn Yan, Watertown, Binghamton, and beyond.

  3. The Commission must establish and enforce meaningful enforcement mechanisms should Charter fail to achieve its commitments as part of this transaction. Cable consolidation has never significantly benefited consumers. Charter is not guaranteeing Time Warner Cable customers will receive a lower bill as a result of this merger. Nor is it committing to pass along the lower prices it will achieve through negotiations for video programming volume discounts. Cable rates, especially for broadband, will continue to increase. Without meaningful competition, there is no incentive to give consumers a better deal or better service.

    That is why if the Commission feels it must approve this transaction, the conditions that accompany it to achieve a true public interest benefit must be meaningful and ongoing. Any failure to deliver on those commitments must include a direct benefit to customers, not just to the state government. If fines are imposed, customers should receive a cash rebate or equivalent service credit for services not provided as part of any agreement.

Cable operators know once they secure a franchise or become the incumbent provider, no other cable company will negotiate with city officials to take over that franchise if the current provider’s application is denied during renewal. Once Charter (or any other cable company) establishes a presence, there is little or no chance a community will be able to get rid of that provider if it fails to perform. That is why any franchise transfer that comes from an acquisition or merger must be treated with the upmost seriousness. Customers will likely live with the decision the Commission makes for the next 10-20 years or more.

dpsAs Time Warner Cable customers loudly reminded the Commission in the Comcast merger proceeding, there is such a thing as a cable operator even worse than Time Warner Cable, already one of the lowest rated companies in the country. Comcast’s reputation preceded its intended entry into New York on a massive scale and the application was eventually withdrawn.

As the Commission must realize, this transaction does not just involve entertainment. Last week the Obama Administration declared broadband Internet access a “core utility.”[25]

“Broadband has steadily shifted from an optional amenity to a core utility for households, businesses and community institutions,” according to a report from the administration’s Broadband Opportunity Council. “Today, broadband is taking its place alongside water, sewer and electricity as essential infrastructure for communities.”

Unfortunately, the federal government has seen to it that this core utility is provided without the ability of local and state governments to properly deliver needed oversight. While the Public Service Commission lacks the authority to enforce consumer protections and quality of service standards for Internet access, it retains the very powerful ability to determine whether a company seeking to make a fortune selling consumers broadband service in a monopoly/duopoly market for many New Yorkers is a good or bad thing for consumers.

Our group strongly believes New York should not take a risk on Charter’s less-then-compelling offer when Time Warner Cable has demonstrated it is in a better financial position and has a proven track record of delivering on its commitments to improve service with its Maxx upgrade project. Time Warner Cable has superior options for low-income New Yorkers, has a large number of New York-based call centers providing valuable employment for our residents, offers more broadband options and faster speeds for entrepreneurs remaking themselves in the digital/information economy, and has committed to providing unlimited Internet access – a critical prerequisite for consumers choosing to drop cable television’s one-size-fits-all bloated video package and watch only the shows they want to see and pay for online.

We urge the Public Service Commission to deny Charter’s application. If it sees fit to make a different choice, we strongly recommend you demand the best possible deal for New York consumers and businesses that, as the DPS staff wrote, deserve best-in-class communications services.

  • [1] http://stopthecap.com/2015/02/03/fcc-now-defines-minimum-broadband-speed-25mbps-everything-less-now-slowband/
  • [2] http://www1.nyc.gov/office-of-the-mayor/news/415-15/de-blasio-administration-releases-audit-report-verizon-s-citywide-fios-implementation
  • [3] http://www.twcableuntangled.com/2015/04/twc-gains-momentum-with-best-ever-subscriber-growth-customer-enhancements/
  • [4] http://www.twcableuntangled.com/2015/07/twc-maxx-expands-rollout-in-2015/
  • [5] http://seekingalpha.com/article/2864536-time-warner-cables-twc-ceo-rob-marcus-on-q4-2014-results-earnings-call-transcript?
  • [6] http://www.twcableuntangled.com/2014/01/get-the-details-on-twcs-plan-to-transform-ctv-internet-experience/
  • [7] http://stopthecap.com/2015/06/25/bright-houses-mysterious-internet-discount-program-charter-wants-to-adopt-nationwide/
  • [8] http://www.timewarnercable.com/en/enjoy/better-twc/internet.html
  • [9] http://abcnews.go.com/Technology/story?id=7368388
  • [10] http://stopthecap.com/2014/10/30/time-warner-cable-recommits-mandatory-usage-caps-long-company-remains-independent/
  • [11] http://stopthecap.com/2015/09/23/fcc-demands-details-about-charters-suddenly-retired-usage-caps/
  • [12] http://www.multichannel.com/news/fcc/fcc-seeks-data-dump-charter-twc-bright-house/394010
  • [13] http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={C60985CC-BEE8-43A7-84E8-5A4B4D8E0F54} (p.39)
  • [14] http://www.consumerreports.org/cro/electronics-computers/computers-internet/telecom-services/internet-service-ratings/ratings-overview.htm
  • [15] http://www.reuters.com/article/2014/01/30/us-charter-timewarnercable-rutledge-anal-idUSBREA0T01D20140130
  • [16] https://www.charter.com/browse/content/tv#/channel-lineup
  • [17] http://www.markey.senate.gov/news/press-releases/markey-blumenthal-decry-lack-of-choice-competition-in-pay-tv-video-box-marketplace
  • [18] http://stopthecap.com/2014/12/22/time-warner-cable-deck-halls-8-modem-fees-fa-la-la-la-la-la-la-la-la-2-75-dta-fee/
  • [19] http://www.usatoday.com/story/money/2015/07/24/fcc-approves-ts-acquisition-directv/30626421/
  • [20] http://www.americancable.org/node/5229
  • [21] http://www.multichannel.com/news/technology/suddenlink-boots-1-gig-broadband/392087
  • [22] https://www.midco.com/PressRoom/2014/midcontinent-bringing-gigabit-internet-access-to-the-northern-plains/
  • [23] http://www.multichannel.com/news/distribution/cox-plots-docsis-31-plans/393996
  • [24] http://www.multichannel.com/news/cable-operators/mediacom-sets-residential-1-gig-rollout/393585
  • [25] http://thehill.com/policy/technology/254431-obama-administration-declares-broadband-core-utility-in-report

Online Video Streaming Threatening the Cable TV Business

Phillip Dampier September 21, 2015 Competition, Consumer News, Online Video, Video No Comments
http://phillipdampier.com/video/Bloomberg Are Streaming Companies a Threat to Cable 9-21-15.flv

Jeffrey Tambor and Jill Soloway delivered Amazon.com Inc. its first major Emmy awards for the show “Transparent,” as the online retailer went toe-to-toe with Time Warner Inc.’s HBO, highlighting the growing competition between video streaming services vs. traditional cable television. Berenberg Senior Media Analyst Sarah Simon discusses with Bloomberg’s Francine Lacqua on “The Pulse.” (4:26)

Cord Cutting Could Hit 2 Million This Year: 6,200 Americans Cancel Cable TV Every Day

Phillip Dampier August 19, 2015 Consumer News 3 Comments
courtesy: abcnews

Time to cut the cable TV bill down to size.

Cord-cutting, the often denied and downplayed practice of canceling cable television service, is becoming trendy in the United States, with up to two million customers likely to turn their backs on pay TV in 2015.

The Financial Times reports about 566,000 customers have canceled cable television between April and June on this year. The subscriber losses are occurring at most cable operators except for Verizon, which picked up a few new customers during the last quarter.

That translates into 6,200 customers a day dropping service, despite aggressive efforts by providers to rescue their business. For at least 10 years, cable television prices have risen at nearly twice the rate of inflation, helping give the industry a public black eye. But with few alternatives until recently, consumers bared their teeth but paid the bill. With the advent of online video services and digital over the air television, that is finally changing.

cord cutToday, customers in or near large cities can watch an average of 12-24 over the air stations and digital “sub-channels” for free. Add a Netflix and Hulu subscription and customers can watch “on-demand” shows as well.

Some cable companies have resisted dramatic rate increases realizing they will continue to bleed customers with every rate hike notice. But many others have resorted to tricks like adding surcharges at the bottom of the bill. Many cable companies today include sports programming and broadband TV surcharges of $1-4 each, hoping customers will blame someone else for their higher bill. Most surcharges are not covered by customer retention or new customer discounts, either, and those fees are rising.

Time Warner Cable added a $2.75 sports surcharge on many customer bills in addition to the Broadcast TV surcharge. Most providers charge between $2-6. Within three years, customers can expect to see surcharges hiked to the $8 range.

As the cord cutting numbers add up, broadcast executives may still be in denial, but Wall Street isn’t. Traders did some cutting of their own, slashing $50 billion off the value of media stocks after major entertainment companies reported declining ad revenues and expected poorer financial results in the future.

Cord Cutting Freakout: Media Stocks Crash Over Fear of Fewer Paying Customers

Phillip Dampier August 6, 2015 Consumer News 7 Comments

ESPN Red Logo large“Must-have” ESPN is not as must-have as the pay television business once believed as the costly basic cable network reported more subscriber losses as consumers cut the cord.

Despite a claim from ESPN owner Walt Disney that the sports network is watched in 83 percent of U.S. cable households, the number of cable customers buying a television package that includes ESPN is in decline. Subscriber disinterest and the growing unaffordability of cable television are the two primary reasons even the “untouchable” cable networks are starting to see the effect of cord cutting.

ESPN is the most expensive basic cable channel, costing every pay television customer at least $6.61 a month in 2015 according to SNL Kagan estimates. That price increases by about 8% a year, needed to keep up with ever-increasing sports rights fees networks pay to televise events. With subscribers covering the bill, ESPN has been able to outbid traditional network television and other cable networks to win the rights to more prestigious events. But since broadcast networks now collect money from cable subscribers as well, bidding wars have erupted that have made sports teams and league organizations very rich, thanks to cable customers that pay for ESPN and other networks whether they watch them or not.

ESPN sports programming costs

ESPN sports programming costs

But those days may soon be over, as customers discover cheaper “skinny bundles” of cable television packages or sign up for online video services that avoid costly sports networks. That was not possible just a few years ago. ESPN’s contract mandates its network be available on the standard basic tier — no optional sports tiers allowed, if a cable system wishes to carry it. To collect even more from cable subscribers, ESPN also effectively forces cable systems to carry one or more of their ancillary networks, which include ESPN2, ESPN3, ESPN+, ESPN Latin America, ESPNews, ESPNU, ESPN Classic, ESPN Deportes, Longhorn Network, and the SEC Network. That puts even more money in ESPN’s pocket.

disneyThe network has been a safe bet for investors for years, at least until this week when the company lowered its expectations for cable operating income growth from 2013-2016. Instead of growth between 7-9 percent, ESPN is now predicting only 4-6 percent. Although some might see that as a modest adjustment, Wall Street didn’t think so and Disney shares tanked 8.4% Wednesday. That was nothing compared to what happened today.

“Media stocks are getting slaughtered,” Aaron Clark, a portfolio manager at GW&K Investment Management, which manages $25 billion in assets, told the Wall Street Journal. “It’s been the long-running fear that we would eventually see cord-cutting. Everyone thought it would be a slow-moving train wreck, but Disney’s comment woke people up.”

Viacom, Inc. dropped 12 percent after it reported declines in second-quarter profits and revenue, which investors blamed on cord-cutting. Disney fell another 2.5% today and 21st Century Fox lost 6% after lowering its expectations for full-year profit for fiscal 2016. Cord-cutting, again.

To say ESPN is important to Disney would be an understatement. At least 75% of Disney’s cable network revenue comes from ESPN and estimates suggest 25% of Disney’s entire operating income in 2015 comes from the sports cable network. As ESPN faces customer defections and pressure on revenue growth, their costs are still rising. Sports rights at ESPN rose by 13% in 2014 and 19% in 2015, according to MoffettNathanson. If ESPN continues to lose customers and is forced to become more conservative about future price increases, parent company Walt Disney will feel the heat.

“On a Razor’s Edge:” Charter’s Deal With Time Warner Financed With Junk Bond Debt

Charter will be among America's top junk bond issuers. (Image: Bloomberg News)

Charter will be among America’s top junk bond issuers. (Image: Bloomberg News)

The attempted $55 billion acquisition of Time Warner Cable will saddle buyer Charter Communications with so much debt, it will make the cable operator one of the nation’s largest junk bond borrowers.

Bloomberg News reports investors are concerned about the size and scope of the financing packages Charter is working on to acquire the much-larger Time Warner Cable. Total debt financing this year has already reached $18.2 billion and one of Charter’s holding companies is signaling plans to add another $10.5 billion in unsecured debt. Bloomberg reports the total value of Charter’s combined debt from existing operations and its acquisition of Time Warner Cable and Bright House Networks may reach as high as $66 billion.

Ironically, Time Warner Cable CEO Robert Marcus used Charter’s penchant for heavily debt-financed acquisitions as one of the reasons he opposed Charter’s first attempted takeover of Time Warner in January 2014.

The New York Times suggested Marcus seemed to be looking out for shareholders when he called the offer “grossly inadequate” and demanded more cash and special protections, known as “collars,” to protect stockholders against any swings in the value of Charter stock used to cover part of the deal.

charter twc bhThe Marcus-led opposition campaign against Charter gave Comcast just the time it needed to mount a competing bid — all in Comcast stock, then worth around $159 a share. Comcast also offered Marcus an $80 million golden parachute if the deal succeeded.

Marcus’ concerns for shareholders suddenly seemed less robust. Gone was any demand for cash to go with an all-stock deal — Comcast stock was good enough for him. Most blockbuster mergers of this size and complexity also contain provisions for a breakup fee payable by the buyer if a deal falls apart. Marcus never asked for one, a decision the newspaper called “foolish,” considering regulators eventually killed the deal, leaving Time Warner Cable with nothing except bills from their lobbyists and lawyers.

After the Comcast deal failed to impress regulators, Charter returned to bid for Time Warner Cable once again. This time, Charter offered nearly $196 a share — nine times earnings before interest, taxes, depreciation, and amortization. (They offered about seven times earnings in 2014.) Marcus will now get the $100 a share in cash he wanted from Charter the first time, but shareholders are realizing that cash will be a lower proportion of the overall higher amount of the second offer.

Marcus has also said little about the enormous amount of borrowing Charter will undertake to seal its deal with Time Warner Cable. Nor has he said much about a revisited and newly revised golden parachute package offered to him by Charter, expected to be worth north of $100 million.



But others did notice Charter raised $15.5 billion selling bonds on July 9, many winning the lowest possible investment grade rating from independent ratings services. Standard & Poor’s and Fitch Ratings bottom-rated part of Charter’s debt offering and Moody’s classified that portion as Ba1 — junk grade.

Charter traveled down a similar road six years ago, overwhelmed with more than $21 billion in debt to cover its aggressive acquisitions. Charter declared bankruptcy in 2009. The cable company has survived this time, so far, because of the Federal Reserve’s low-interest rates and very low corporate borrowing costs.

“Charter is walking on a razor’s edge,” warned Chris Ucko, a New York-based analyst at CreditSights.

Not so fast, responds Charter.

“The combined company will” reduce debt quickly, Francois Claude, a spokesman for Stamford, Conn.-based Charter said in a statement to Bloomberg News.

One likely source of funds to help pay down that debt will come from customers as the company seeks to drive higher-cost products and services into subscriber homes. Some of that revenue may come from selling higher speed broadband, a service customers are unlikely to cancel and may find difficult to get from telephone companies that have not kept up with the speed race. If cord cutting continues, and online video competition increases, that could result in customers dropping cable television packages at a growing rate, negatively impacting Charter’s revenue.

Time Warner Cable’s bondholders are already counting their losses. Their “investment grade” securities have already lost 9.3 percent of their value this year, compared with 0.58% losses in the broader high-grade debt market, according to Bank of America/Merrill Lynch. If increased competition does arrive or the FCC continues its pro-consumer advocacy policies, there is a big risk Charter’s revenue expectations may never materialize.

Australia’s Netflix Anxiety Attack Exposes Weakness of Broadband Upgrades on the Cheap

netflix-ausWith video streaming now accounting for at least 64 percent of all Internet traffic, it should have come as no surprise to Australia’s ISPs that as data caps are eased and popular online video services like Netflix arrive, traffic spikes would occur on their networks as well.

It surprised them anyway.

Telecom analyst Paul Budde told the WAToday newspaper “video streaming requires our ISPs to have robust infrastructure, and to use it in more sophisticated ways, and that largely caught Australia off guard. I think it’s fair to say everybody underestimated the effect of Netflix.”

Not everybody.

Australia’s National Broadband Network (NBN) was originally envisioned by the then Labor government as a fiber-to-the-home network capable of enormous capacity and gigabit speed. Prime Minister Kevin Rudd proposed buying out the country’s existing copper phone wire infrastructure from telecom giant Telstra to scrap it. Instead of DSL and a limited number of cable broadband providers, the national fiber to the home network would provide service to the majority of Australians, with exceptionally rural residents served by wireless and/or satellite.

Conservative critics slammed the NBN as a fiscal “white elephant” that would duplicate or overrun private investment and saddle taxpayers with the construction costs. In the run up to the federal election of 2013, critics proposed to scale back the NBN as a provider of last resort that would only offer service where others did not. Others suggested a scaled-down network would be more fiscally responsible. After the votes were counted, a Coalition government was formed, run by the conservative Liberal and National parties. Within weeks, they downsized the NBN and replaced most of its governing board.

Netflix's launch increased traffic passing through Australia's ISPs by 50 percent, from 30 to 50Gbps in just one week, and growing.

Netflix’s launch increased traffic passing through Australia’s ISPs by 50 percent, from 30 to 50Gbps in just one week, and growing.

Plans for a national fiber to the home network similar to Verizon FiOS were dropped, replaced with fiber to the neighborhood technology somewhat comparable to AT&T U-verse or Bell Fibe. Instead of gigabit fiber, Australians would rely on a motley mix of technologies including wireless broadband, DSL, VDSL, cable, and in areas where the work had begun under the earlier government, a limited amount of fiber.

In hindsight, the penny wise-pound foolish approach to broadband upgrades has begun to haunt the conservatives, who have already broken several commitments regarding the promised performance of the downsized network and are likely to break several more, forcing more costly upgrades that would have been unnecessary if the government remained focused on an all-fiber network.

Communications Minister Malcolm Turnbull has admitted the new NBN will not be able to deliver 25Mbps service to all Australians by 2016. Only 43 percent of the country will get that speed, partly because of technical compromises engineers have been forced to make to accommodate the legacy copper network that isn’t going anywhere.

Think Broadband called the fiber to the neighborhood NBN “a farce” that has led to lowest common denominator broadband. A need to co-exist with ADSL2+ technology already offered to Australians has constrained any speed benefits available from offering faster DSL variants like VDSL2. Customers qualified for VDSL2 broadband speeds will be limited to a maximum of 12Mbps to avoid interfering with existing ADSL2+ services already deployed to other customers. Only multi-dwelling units escape this limitation because those buildings typically host their own DSLAM, which provides service to each customer inside the building. In those cases, customers are limited to a maximum of 25Mbps, not exactly broadband nirvana. The NBN is predicting it will take at least a year to take the bandwidth limits off VDSL2.

nbnThe need for further upgrades as a result of traffic growth breaks another firm commitment from the conservative government.

NBN executive chairman Ziggy Switkowski told reporters in 2013 that technology used in the NBN would not need to be upgraded for at least five years after construction.

“The NBN would not need to upgraded sooner than five years of construction of the first access technology,” Switkowski said. “It is economically more efficient to upgrade over time rather than build a future-proof technology in a field where fast-changing technology is the norm.”

Since Switkowski made that statement two years ago, other providers around the world have gravitated towards fiber optics, believing its capacity and upgradability makes it the best future-proof technology available to handle the kind of traffic growth also now being seen in Australia. At the start of 2015, 315,000 Australians were signed up for online video services. Today, more than two million subscribe, with Netflix adding more than a million customers in less than four months after it launched down under.

Many ISPs offer larger data caps or remove them altogether for “preferred partner” streaming services like Netflix. With usage caps in place, some customers would have used up an entire month’s allowance after just one night watching Netflix.

But the online viewing has created problems for several ISPs, especially during peak usage times. iiNet reports up to 25% of all its network traffic now comes from Netflix. As a result iiNet is accelerating network upgrades.

Customers still reliant on the NBN’s partial copper network are also reporting slowdowns, especially in the evening. The NBN will have to upgrade its backbone connection as well as the last mile connection it maintains with customers who often share access through a DSLAM. The more customers use their connections for Netflix, the greater the likelihood of congestion slowdowns until capacity upgrades are completed.



Optus worries its customers have extended Internet peak time usage by almost 90 minutes each night as they watch online streaming instead of free-to-air TV. Telstra adds it also faces a strain from “well over half” of the traffic on its network now consisting of video content.

This may explain why Internet entrepreneur and NBN co-board director Simon Hackett wishes the fiber to the neighborhood technology would disappear and be replaced by true fiber to the home service.

“It sucks,” Hackett told an audience at the Rewind/Fast Forward event in Sydney in March, referring to the fiber to the neighborhood technology. His mission is to try and make the government’s priority for cheaper broadband infrastructure “as least worse as possible.”

“Fiber-to the-[neighborhood] is the least-exciting part of the current policy, no arguments,” he added. “If I could wave a wand, it’s the bit I’d erase.”

Another cost of the Coalition government’s slimmed-down Internet expansion is already clear.

According to Netflix’s own ISP speed index, which ranks providers on the quality of streaming Netflix on their networks, Australia lags well behind the top speeds of dozens of other developed nations, including Mexico and Argentina.

But even those anemic speeds come at a high cost to ISPs, charged a connectivity virtual circuit charge (CVC) by NBN costing $12.91 per 1Mbps. The fee is designed to help recoup network construction and upgrade costs. But the fee was set before the online video wave reached Australia. iiNet boss David Buckingham worries he will have to charge customers a “Netflix tax” of $19.18 a month for moderate Netflix viewing to recoup enough money to pay the CVC fees. If a viewer wants to watch a 4K video stream, Buckingham predicts ISPs will have to place a surcharge of $44.26 a month on occasional 4K viewing, if customers can even sustain such a video on NBN’s often anemic broadband connections.

Some experts fear costs will continue to rise as the government eventually recognizes its budget-priced NBN is saddled with obsolete technology that will need expensive upgrades sooner than most think.

Instead of staying focused on fiber optics, technology the former Rudd government suggested would offer Australians gigabit speeds almost immediately and would have plenty of capacity for traffic, the conservative, constrained, “more affordable” NBN is leaving many customers with no better than 12Mbps with a future promise to deliver 50Mbps some day. There is little value for money from that.

Local TV Stations Live Streaming Newscasts in Effort to Reach New Audiences; NewsOn Coming This Fall

newsonLOS ANGELES (Reuters) – Local TV stations are plugging one of the last major holes in mobile video: streaming their news to phones and tablets. The move presents yet another challenge to cable and satellite providers, which are grappling with the widespread online availability of content.

This fall, 112 U.S. stations will begin streaming live newscasts through an app called NewsOn, one of several planned “over-the-top” offerings delivered online without a pay TV subscription.

And Verizon Digital Media Services, which offers technology that enables streaming on a wide variety of screens, is in talks with owners of more than 300 affiliates that want to supply programing directly to consumers over the Internet, Ralf Jacob, chief revenue officer, told Reuters. Stations could use the technology to stream news or other local programing.

Local broadcasters, like cable networks, are trying to adapt to the changing preferences of viewers, who increasingly want to watch programs on their own schedules. The challenge for local news programs will be to satisfy demand for mobile video without undermining audience numbers for traditional broadcasts, which generate hefty fees from cable operators as well as higher ad rates than online programing.

After years of isolated experiments with mobile news, a critical mass of the local TV industry is seizing on the idea. If they are successful, they could both increase viewing by current consumers and attract new ones, especially a younger generation of viewers who prefer watching television programing on mobile devices. But if current viewers “cut the cord,” or drop pay TV service, broadcast stations and cable operators could both suffer.

Broadcasters are eager to follow audiences who are looking outside the television for news and entertainment, said Emily Barr, president and CEO of Graham Media Group, which owns five broadcast stations and is experimenting with mobile apps for newscasts.

abc7Pay TV still reaches 100 million households, but the industry lost 0.5 percent of its customers in the 12 months through March, according to MoffettNathanson analysts. Distributors have countered by offering customers their own apps with broadcast and cable networks.

“It’s a hedge of where the marketplace is going,” said Justin Nielson, senior research analyst at SNL Kagan.

Local broadcasters receive fees from pay TV providers based on the number of subscribers, amounting to $6.3 billion in 2015, SNL Kagan predicts. Returns from advertising are forecast to reach $21.1 billion this year.

One illustration of the risks of getting it wrong is in Britain, where the British Broadcasting Corporation recently announced job cuts because viewers have moved from TV viewing to tablets and mobile devices, which cut its TV license fees.


Until recently, local U.S. programing was limited in over-the-top video, since the rights to much of what local stations run is held by other parties.

Local newscasts, however, are owned by the stations themselves, so they don’t need to negotiate streaming rights.

NewsOn, which will run ads, will offer live local newscasts from 84 U.S. markets, including eight of the top 10. The five station groups that have signed up are the ABC Owned Television Station Group, Cox Media Group, Hearst Television, Media General and Raycom Media.

Other stations plan to offer more news on their own apps or expand them to more devices.

RaycomIn Cincinnati, E.W. Scripps sells a subscription for ABC-affiliated station WCPO with additional stories not seen on TV, as well as free movie screenings and other perks. It has an on-demand news app in Phoenix on Microsoft’s Xbox and Apple Inc’s set-top box.

Tegna, the broadcast and digital company spun off from Gannett, is considering streaming local entertainment programing such as video of a morning radio show. Stations can now reach viewers any time of day, said Dave Lougee, president of Tegna’s broadcasting division, and “we want to be ubiquitous.”


Local affiliates also are trying to join streaming video packages, but they don’t own all the rights to stream shows they broadcast.

CBS has signed up more than 100,000 for its $6-a-month CBS All Access online video subscription, with more than 100 local stations. But during NFL football, viewers get a message that says the game “is not yet available for live stream.”

Fox, CBS and NBC stations are on Sony Corp’s PlayStation Vue, a streaming package launched this year in five markets.

Satellite TV provider Dish Network Corp wants local broadcasters on Sling TV, an online service it launched in February, but needs to work out programing rights with dozens of affiliates.

Sling TV CEO Roger Lynch said he expects to work on sorting that out over the next twelve months. “Over time you’ll see us launching something local,” he said.

(By Lisa Richwine; Reporting by Lisa Richwine in Los Angeles; Additional reporting by Malathi Nayak in New York; Editing by Peter Henderson and Sue Horton)

Comcast’s New $15/Mo ‘Sling TV Killer’ Stream Video Package Likely Exempt from Its Usage Cap

streamComcast will challenge cord cutting and entice cord-nevers with an online video package of about a dozen television channels it will sell for $15 a month and likely exempt from its usage cap.

“Stream” will offer about 12 channels — almost all over the air stations including NBC, CBS, ABC, PBS, Fox, The CW, Telemundo, Univision — and HBO to Comcast’s broadband customers and deliver the package over Comcast’s privately managed IP network, which it considers separate from the public Internet. That will also allow Comcast to offer on-demand programming, cloud DVR storage and access to Streampix, Comcast’s movies-on-demand feature it largely abandoned a few years ago.

Comcast’s new no-contract video service will begin in Boston by the end of summer, quickly followed by launches in Chicago and Seattle. Comcast plans to expand the service nationwide by early 2016.

Stream will target millennials and others that have turned their backs on traditional cable television. It will also directly take aim at competing Sling TV, which sells streaming cable TV channels for about $20 a month.

But at first glance, Comcast may have one up on its competition.

Comcast-LogoComcast will deliver Stream over the same network it uses for content delivery to game consoles that does not count against Comcast’s trialed usage caps. Watching competitor Sling TV does count against your Comcast usage allowance because it is delivered over the public Internet.

That advantage alone may not help Comcast overcome some of the harsh restrictions it will impose on Stream customers that could prove major turn-offs:

  • Viewing must be done from a web browser, tablet, or phone. Stream will not be available on TV-connected platforms like Roku or Apple TV;
  • Viewers must stay inside the home to access live streamed content;
  • Customers must subscribe to Comcast High Speed Internet service to buy Stream;
  • Only Comcast customers inside a Comcast service area can subscribe;
  • There are no cable networks offered, except HBO, for now.

Customers will be able to sign up for Stream (and cancel it) over the web with no service technician visit needed. Customers can cancel anytime.

Fine Print Fun: Sprint Backs Off From Throttling All Wireless Video Traffic to 600kbps

sprint all inSprint’s all-new “All-In” wireless plan was supposed to simplify wireless pricing for consumers by bundling a leased phone, unlimited voice, data, and texting for a flat $80 a month, but customers slogging through the fine print discovered speed throttling and roaming punishments were silent passengers along for the ride:

To improve data experience for the majority of users, throughput may be limited, varied or reduced on the network. Streaming video speeds will be limited to 600Kbps at all times, which may impact quality. Sprint may terminate service if off-network roaming usage in a month exceeds: (1) 800 min. or a majority of min.; or (2) 100MB or a majority of KB. Prohibited network use rules apply—see sprint.com/termsandconditions.

Although many smaller wireless carriers also have limits on off-network roaming usage, none have proposed to permanently throttle web videos to a frustratingly slow 600kbps. At those speeds, Sprint customers could expect buffering delays or degraded HD video.

Many customers contemplating switching to the All-In plan considered the speed throttle a deal-breaker and let Sprint know through its social media accounts. Even websites friendly to Sprint were very critical of the plan:

Sprint 4G Rollout Updates:

We just aren’t seeing the new and innovative thing with All In. You already have plans that price out the same way as All In (some even less expensive). It appears as a marketing gimmick that is disguising a desperate move to limit streaming. This is not popular with your current customers and your new customers are likely going to hate you for it. After they find out.
Marcelo, it’s really bad that David Beckham touts unlimited movie watching and you reference unlimited watching videos in your Press Release. 600kbps video streaming can hardly run any YouTube or Netflix streaming. It will buffer significantly even with the lowest resolution settings. 600kbps is insufficient for most moderate quality video streaming on a smartphone screen.



Sprint CEO Marcelo Claure got the message and announced late yesterday the video speed throttle was gone, but general network management would remain.

“At Sprint, we strive to provide customers a great experience when using our network,” said Sprint CEO Marcelo Claure. “We heard you loud and clear, and we are removing the 600 kbps limitation on streaming video. During certain times, like other wireless carriers, we might have to manage the network in order to reduce congestion and provide a better customer experience for the majority of our customers.”

Claure has been hinting the days of unlimited data from Sprint may be coming to an end sometime in the near future. Sprint is among the last carriers that offer a truly unlimited experience, and some customers have used Sprint as a home broadband replacement and have created congestion issues as they consume hundreds of gigabytes of wireless data, which can slow Sprint’s network to a crawl in some areas. T-Mobile experienced similar issues and recently updated their terms and conditions to apply a speed throttle after 21GB of usage during a billing cycle.

Unlimited 4G LTE customers who use more than 21 GB of data in a bill cycle will have their data usage de-prioritized compared to other customers for that bill cycle at locations and times when competing network demands occur, resulting in relatively slower speeds. See t-mobile.com/OpenInternet for details.

Customers report in high volume areas speeds drop well below 1Mbps if they are temporarily sentenced to “speed jail.”

Many of those attempting to use a wireless carrier as their primary home broadband connection do not do so because of convenience or selfishness. Often, they have no other choice because they are bypassed by cable operators and not served by DSL. But it does not take too many customers to start creating problems for wireless carriers if a nearby cell tower becomes congested. Online video is probably the most bandwidth intensive application for wireless companies, especially HD video streaming. The growth of video traffic also raises questions about whether AT&T and Verizon’s efforts to move rural customers to an all-wireless phone and data platform will work well for the companies or customers.

Premium Hulu Customers Can Buy Showtime at a Discount: $8.99/Month

Phillip Dampier June 24, 2015 Competition, Consumer News, Online Video, Video 1 Comment

showtimeCustomers paying $7.99 a month for what used to be called Hulu Plus will be able to add Showtime to their Hulu subscription for an extra $8.99 a month — two dollars less than what Showtime will charge Apple TV and other online video customers.

Showtime Networks’ online streaming service will launch in early July for $10.99 a month, $4 less than HBO Now, which charges $14.99. But Hulu customers will get an extra 18 percent discount if they bundle Showtime with Hulu’s premium option.

huluTM_355Hulu customers who subscribe to Showtime will have access to every Showtime original series ever produced along with Showtime’s full catalog of the same movies, documentaries, specials and sports programming available to cable television customers. Hulu will also carry the east and west coast feeds of Showtime’s primary channel for those who want to watch live events.

The partnership is designed to strengthen Hulu’s competitive position against Netflix and Amazon’s video services.

Showtime CEO Matt Blank doubts Showtime’s online streaming service will cannibalize its existing subscriber base, although most satellite and cable providers charge at least $5 more per month for the premium movie channel ($13.99-16.99 through most cable/telco/satellite providers).

http://www.phillipdampier.com/video/Bloomberg Showtime CEO Broadband-Only Customers Are an Opportunity 6-4-15.flv

Showtime CEO Matt Blank explains to Bloomberg News why selling Showtime online for $10.99 a month ($8.99 for premium Hulu customers) will not hurt existing distributors like cable and satellite providers. (4:22)

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