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Comcast’s Growing List of Owned/Operated Networks Gets Bigger With Time Warner Cable

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This week’s revelation that a Comcast-controlled enterprise deliberately and consciously removed news content critical of Comcast and its public policy lobbying practices speaks to the impact media concentration has on news dissemination.

It also exposes the close relationship Comcast maintains with non-profit groups it financially supports, encouraging the kinds of positive letters about its operations the New York Public Service Commission can now find on file in this case.[1]

comcast twcThe group involved in the current controversy reportedly received $350,000 from Comcast and promptly began a vocal opposition campaign against Net Neutrality, an open Internet policy Comcast still opposes being enacted as official FCC policy.[2]

Professor Todd Gitlin of Columbia University called Comcast’s close relationship with the Minority Media and Telecommunications Council (MMTC) the “closest thing I can imagine to a political quid pro quo. The fact NewsOne saw fit to delete a report that they previously posted without any claim that anything was mistaken in the report tells you something about their commitment to open discourse.”

Jeff Cohen, an associate professor of journalism at Ithaca College, also commented on the NewsOne decision. “Just as corporate cash can corrupt civil rights groups, this incident shows how corporate power can corrupt and censor the news.”[3]

Time Warner Cable operates local news channels in most of the major New York cities it serves. These channels will also come under the umbrella of Comcast, giving it an even greater news voice through its NBC and Telemundo networks, MSNBC, local cable news operations, and owned and operated local broadcast affiliate stations in New York City.

In closing, as a reminder to the Commission, Comcast’s list of broadcast, cable and digital media assets is already enormous and will grow even larger if a merger with Time Warner Cable is approved.[4]

Comcast-NBCUniversal

Broadcast Television
NBC Television Network
NBC Entertainment
NBC News
NBC Sport Group
Universal Television (UTV)
Universal Cable Productions
NBCUniversal Domestic Television Distribution
NBCUniversal International Television Distribution

NBC Local Media Division
NBC New York (WNBC)
NBC Los Angeles (KNBC)
NBC Chicago (WMAQ)
NBC Philadelphia (WCAU)
NBC Bay Area (KNTV)
NBC Dallas/Fort Worth (KXAS)
NBC Washington (WRC)
NBC Miami (WTVJ)
NBC San Diego (KNSD)
NBC Connecticut (WVIT)
NBC Everywhere
LX TV
Skycastle Entertainment

Telemundo
KVEA (Los Angeles)
WNJU (New York)
WSCV (Miami)
KTMD (Houston)
WSNS (Chicago)
KXTX (Dallas/Fort Worth)
KVDA (San Antonio)
KSTS (San Francisco/San Jose)
KTAZ (Phoenix)
KNSO (Fresno)
KDEN (Denver)
KBLR (Las Vegas)
WNEU (Boston/Merrimack)
KHRR (Tucson)
WKAQ (Puerto Rico)
KWHY (Los Angeles) (Independent)

Television Channels
Bravo
Chiller
CNBC
CNBC World
Comcast Charter Sports Southeast
Comcast Sports Group
Comcast SportsNet Bay Area
Comcast SportsNet California
Comcast SportsNet Chicago
Comcast SportsNet Houston
Comcast SportsNet Mid-Atlantic
Comcast SportsNet New England
Comcast SportsNet Northwest
Comcast SportsNet Philadelhpia
SNY
The Mtn.-Mountain West Sports Network
CSS
Comcast Sports Southwest
New England Cable News (Manages)
NBC Sports Network
The Comcast Network
E! Entertainment Television
G4
Golf Channel
MSNBC
mun2
Oxygen Media
Cloo
Sprout
The Style Network
Syfy
Universal HD
USA Network
The Weather Channel Companies
Syfy Universal (Universal Networks International)
Diva Universal (Universal Networks International)
Studio Universal (Universal Networks International)
Universal Channel (Universal Networks International)
13th Street Universal (Universal Networks International)
Movies 24 (Universal Networks International)
Hallmark Channel (non-U.S.) (Universal Networks International)
KidsCo (Interest) (Universal Networks International)

Film
Universal Pictures
Focus Features
Universal Studios Home Entertainment

Parks and Resorts
Universal Parks and Resorts

Digital Media
DailyCandy
Fandango
Hulu (32%)
iVillage
NBC.com
CNBC Digital
Plaxo

Communications
XFINITY TV
XFINITY Internet
XFINITY Voice

Sports Management
Comcast-Spectator
Philadelphia Flyers
Wells Fargo Center
Global Spectrum (Public Assembly Management)
Ovations Food Services
Front Row Marketing Services
Paciolan
New Era Tickets (ComcastTIX)
Flyers Skate Zone

Other
Comcast Ventures, which is invested in numerous companies.

Time Warner Cable

Local channels`
Time Warner Cable News[5]
NY1: Manhattan, Bronx, Brooklyn, Queens, Staten Island
NY1 Noticias: Spanish language news for New York City
NY State of Politics Blog
TWC News Capital Region (Albany, Amsterdam, Saratoga and Berkshire counties)
TWC News Central NY (Syracuse, Ithaca/Cortland, Utica/Rome)
TWC News Hudson Valley
TWC News Northern NY (Watertown/Ft. Drum)
TWC News Southern Tier (Elmira/Corning, Binghamton/Oneonta)
TWC News Western NY (Buffalo, Finger Lakes Region, Jamestown, Rochester, and Batavia)

Regional Sports Networks
Metro Sports
Time Warner Cable Sports
Time Warner Cable SportsNet
Time Warner Cable Deportes
TWC Sports 32
SNY

Other Holdings
Adelphia — former cable television company in PA
NaviSite — cloud and hosting services company
Insight Communications — cable operator
DukeNet Communications — Fiber optic network
Time Warner Cable Internet
Time Warner Cable Media (advertising)

[1]http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=14-m-0183
[2]http://www.publicintegrity.org/2013/06/06/12769/civil-rights-groups-fcc-positions-reflect-industry-funding-critics-say
[3]http://www.republicreport.org/2014/comcast-affiliated-newsite-censored-my-article-about-net-neutrality-lobbying/
[4]http://www.cjr.org/resources/index.php
[5]http://twcnews.com/

Stop the Cap! is Finalizing Its Submission to NY Regulators on Comcast-Time Warner Cable

Phillip Dampier August 7, 2014 Editorial & Site News 2 Comments
Phillip "Comcast isn't the answer to the problem, it's the problem" Dampier

Phillip “Comcast isn’t the answer to the problem, it is the problem” Dampier

Just a quick note to alert readers that we haven’t lost interest in keeping you informed about what is going on in the broadband industry. We are taking some time out to do more than just write about what we’re seeing around the country. We’re actually getting involved to try to change things.

The Comcast Time Warner Cable merger proposal is before New York regulators and this week is the deadline for the first round of comments on the proposal. More than 2,700 New York residents have added their two cents, most strongly opposed to the merger. We’re also seeing out-of-state Comcast-backed non-profit groups sending in comments praising Comcast (chapters of the Boys and Girls Club are by far the biggest offenders — something to remember when they ask you for money).

It is also highly unethical for public officials to lobby out-of-state regulators for a private, for-profit business deal, yet that is exactly what North Beach, Md. Mayor Mark Frazer did. So did Barbara A. Miller on the Board of Selectmen for the town of Peterborough, N.H.  And you thought they represented you and your interests and not those of a giant multi-billion dollar cable company. Your vote can make all the difference, especially with Mayor Frazer who is up for re-election.

We will publish our full submission on Stop the Cap! when finished and appreciate your patience as we spend time documenting our arguments in opposition to this merger deal.

Time Warner Cable Announces Eight New Cities for Maxx Upgrades; Northeast Can Forget It

twcmaxYou have to live in a warmer climate to be on the list of the next eight cities to get Time Warner Cable’s massive Maxx upgrade.

This afternoon, Time Warner announced it would more than triple the broadband speeds of customers in Austin, Charlotte, Dallas, Hawaii, Kansas City, Raleigh, San Antonio and San Diego at no extra charge.

“We are committed to reinventing the TWC service experience market-by-market,” said Time Warner Cable CEO Rob Marcus. “We want our customers to know a new experience is coming that brings them super-fast Internet speeds and a more advanced TV product.”

Most of the cities on the upgrade list either have or are at least facing the threat of fiber-based competition from AT&T or Hawaiian Telcom. With Verizon’s long-suspended FiOS project and Frontier’s ‘DSL or Die’-philosophy, Time Warner Cable has so far avoided spending money on upgrades where its only significant competition comes from DSL. Outside of New York City, Time Warner has yet to announce any upgrades within its northeast division, which dominates cable service in Maine, western Massachusetts, New York, and parts of Ohio.

With both Google and AT&T promising fiber service in Austin, Time Warner wasted no time beginning upgrades in the capital city of Texas, which have already delivered faster Internet speeds across large sections of the city. By the end of this week, more than half of Time Warner’s broadband customers in Austin will have access to free upgraded speeds.

TWC customers in these communities who subscribe to the Standard Internet plan, formerly up to 15Mbps, will now receive up to 50Mbps, and customers who subscribe to the Ultimate plan, formerly up to 100Mbps, will receive up to 300Mbps – more than three times their current speeds, at no extra charge. In non-upgraded areas, Time Warner’s maximum speed remains 50/5Mbps.

More Proof of Comcast’s Monopoly Tendencies: Spending Big to Kill Community Broadband Competition

When the community of Batavia, Ill., a distant suburb of Chicago, decided they wanted something better than the poor broadband offered by Comcast and what is today AT&T, it decided to hold a public referendum on whether the town should construct and run its own fiber to the home network for the benefit of area residents and businesses. A local community group, Fiber for Our Future, put up $4,325 to promote the initiative back in 2004, if only because the town obviously couldn’t spend tax dollars to advertise or promote the idea itself.

Within weeks of the announced proposal, both Comcast and SBC Communications (which later acquired AT&T) launched an all-out war on the idea of fiber to the home service, mass mailing flyers attacking the proposal to area residents and paying for push polling operations that asked area residents questions like, “should tax money be allowed to provide pornographic movies for residents?” The predictable opposition measured in response to questions like that later appeared in mysterious opinion pieces published in area newspapers submitted by the incumbent companies and their allies.

no comm broadband

Comcast spent $89,740 trying to defeat the measure in a community of just 26,000 people. SBC spent $192,324 — almost $3.50 per resident by Comcast and just shy of $7.50 per resident by SBC. Much the same happened in the neighboring communities of St. Charles and Geneva. 

According to Motherboard, the scare tactics worked, cutting support for the fiber network from over 72 percent to its eventual defeat in two separate referendums, leaving most of Batavia with 3Mbps DSL from SBC or an average of 6Mbps from Comcast.

Much of the blizzard of mailers and brochures Comcast and SBC mailed out were part of a coordinated disinformation campaign. Both companies also knew their claims would go largely unchallenged because Fiber for Our Future and other fiber proponents lacked the funding to respond with fact check pieces of their own mailed to residents to expose the distortions.

When it was all over, it was back to business as usual with Comcast and SBC. The latter defended its reputation after complaints soared about its inadequate broadband speeds.

Kirk Brannock, then midwest networking president for SBC, told city council members in the area that “fiber is an unproven technology.”

“What are you going to do with 20Mbps? It’s like having an Indy race car and you don’t have the racetrack to drive it on. We are going to be offering 3Mbps. Most users won’t use that,” he said.

risky

“All the subscribers got these extraordinary fliers. Ghosts, goblins, witches. I mean, this is about a broadband utility. Very scary stuff. This is real. This is comical, but this is very real,” Catharine Rice of the Coalition for Local Internet Choice said of the fliers at an event discussing municipal fiber earlier this year. “They have this amazing picture, and then they lie about what happened. They’re piling in facts that aren’t true.”

In communities that won approval for construction of publicly-owned fiber networks, the battle wasn’t over. Tennessee’s large state cable lobbying group unsuccessfully sued EPB to keep it out of the fiber business. In North Carolina, Time Warner Cable effectively wrote legislation introduced and passed by the Republican-dominated General Assembly that forbade community broadband expansion and made constructing new networks nearly impossible. In Ohio, another cable industry-sponsored piece of legislation destroyed the business plan of Lebanon’s fiber network, forcing the community to eventually sell the network at a loss to Cincinnati Bell.

The larger Comcast grows, the more financial resources it can bring to bare against any would-be competitors. Even in 2004, the company was large enough to force would-be community competitors to steer clear and stay out of its territory.

women

 

Windstream Teaches AT&T, Comcast, Verizon, Others How to Avoid Federal Income Taxes

A gift from the American taxpayer, willing to make up the difference.

Another corporate tax cut

Wall Street rallied around big telecommunications company stocks this week as news spread that Windstream has found a way to avoid paying federal income tax by converting its copper and fiber networks and other property assets into a tax-exempt trust.

Windstream says it has already won Internal Revenue Service approval to convert all of its network assets into a publicly traded “real estate investment trust.” REIT’s pay no federal income taxes, and if other large telecom companies follow Windstream’s lead, taxpayers will have to make up the estimated $12 billion in lost tax revenue annually.

Investors are excited by the prospect of a major reduction in tax exposure for some of America’s richest telecommunications companies. Windstream was rewarded the most with a 12 percent boost in its share price – a two-year high for the largely rural phone company. But AT&T, Verizon, Comcast, Time Warner Cable, and Cablevision also saw stock prices rising over the possibility of major increases in dividend payouts to shareholders from the proceeds of the tax savings.

REIT conversions are just the latest trick in the book corporations have used to cut, if not eliminate most of their tax liabilities. REITs are exempt from federal taxes as long as they distribute 90 percent of taxable earnings back to shareholders. Democrats in Congress have been busy fighting their Republican colleagues offer efforts to drop the practice of inversion — allowing companies to cut taxes by relocating offshore. Robert Williams, an independent corporate tax consultant, told Bloomberg News the Democrats have their hands full with that this year and are unlikely to be able to also devote resources to closing the REIT tax loophole.

“Management teams will surely look closely at emulating Windstream because the tax savings are potentially so significant,” said Craig Moffett, an analyst at MoffettNathanson LLC, in a note. “For a company like AT&T, where free cash flow has been under pressure and management has been willing to push hard to save on taxes, the appeal must surely be great.”

staxIf a high-profile phone or cable company moves to enact an REIT, that might be enough to provoke Congress to act, warned Moffett.

“The biggest hurdle in this process is getting the private letter ruling from the IRS, and we’ve got that,” David Avery, a spokesman for Windstream, told Bloomberg. The deal doesn’t need the consent of the Federal Communications Commission, Avery added.

Windstream’s tax savings will cut company debt by around $3.2 billion and produce about $115 million annually in free cash flow. Although Windstream chief financial officer Tony Thomas vaguely promised to use some of the money to invest in broadband upgrades, he was more specific about the benefits Windstream’s REIT will have on the company’s growth agenda. It can use the savings to “acquire other network assets to grow,” — business jargon meaning more merger and acquisition deals, this time fueled by Windstream’s slashed tax bill.

Wall Street investment banks paid to advise on Windstream’s REIT conversion are promoting the concept to other telecom companies as easy to replicate and profoundly profitable. But who should share in the new found wealth?

“People are asking the question if these tax benefits should be passed on to the end user — you and I when we pay our phone or cable bill — versus going to the corporation,” said Phil Owens, vice president at Green Street Advisors, a real estate research firm in Newport Beach, California, that has counseled companies like Equinix on REIT conversions.

Don’t count on it.

Donate Elsewhere: The Boys & Girls Club of Cape Cod Spends Its Resources Promoting Comcast

donor alertIf your non-profit or civil rights group feels that part of its core mission is writing letters in favor of a giant cable company’s plans to upsize, we’d like to welcome you to Stop the Cap’s new Alert Your Donor Base program, a free public service from a group that does not accept contributions from corporate donors, big or small. All too often, your love letters have gone unnoticed by your contributors who believed their money was being used to help the needy and downtrodden, not rich corporate executives, shareholders and Wall Street investment banks.

No worries, those days are over. We’re thrilled to share your all-too-often unpublicized excitement for all-things-Comcast with your donors and supporters on your group’s social media pages, discussion forums, and even with the local media in your area.

As we see it, non-profits and civil rights groups serve important functions in society and we encourage all to redouble those efforts and get out of the corporate shill business. Comcast really doesn’t need your help to consummate their $45 billion dollar deal. But if you insist, we think it’s only fair the public understands where their contributions are going.

Dear Boys and Girls Club of Cape Cod,

We’re excited to learn that the challenges faced by the youth of Cape Cod have evidently been entirely resolved, freeing up your organization’s valuable time and resources to promote a $45 billion dollar merger between Comcast and Time Warner Cable on your group’s letterhead.

Your Massachusetts donors must share my excitement, knowing your organization now has an enormous surplus of resources in the bank. Why else would the Boys and Girls Club spend valuable time and money churning out letters for a multi-billion dollar corporation that customers across Massachusetts know and loathe.

We were especially impressed with how far your group was willing to reach beyond its core service area — sending letters gushing about Comcast to state regulators (excerpt below) like the New York State Public Service Commission:

boys girls club cape cod

Again and again over the past 17 years, Comcast has proven itself to be a good ¿corporate citizen¿ by providing numerous services to the Boys & Girls Club free of charge and always with a friendly helping hand. 

I do know that Comcast has also partnered with our national organization, Boys & Girls Clubs of America, since 2000, providing more than $68 million in cash and in-kind contributions and that they sponsor of Club Tech, a digital literacy initiative dedicated to providing youth with computer skills needed to success in the 21st century. 

The Boys & Girls Club of Cape Cod serves 823 children on an annual basis providing individualized supplementary education at the elementary, middle and high school levels.  It is no exaggeration to say we would not be where we are today without the assistance of good neighbors like Comcast and I have every reason to believe that a stronger Comcast will only strengthen their ability to serve the community.

The Boys & Girls Club of Cape Cod is grateful to Comcast for their support of our kids and families and fully expect that the same kind of “good neighbor attitude” will continue in support nonprofit organizations in NY and elsewhere.

68 million dollars. We let that dollar amount sit with us for a moment. $68,000,000. That sure is a lot of incentive to spread good cheer on behalf of a company that ordinary consumers voted (again), The Worst Company in America. And look at you — you want them to grow even larger!

We have no doubt that the Boys and Girls Club is indeed grateful to Comcast for numerous checks handed out to your organization. Unfortunately, this only convinces us of two things:

  1. The Boys and Girls Club has too much free time on its hands, becoming intimately involved in giant corporate business deals that help executives and shareholders, and not too many boys and girls who face Comcast’s notoriously high rates and bad service when they get a little older;
  2. Your organization really doesn’t need contributions because Comcast is available to cut you checks at every opportunity.

Yours very truly,

Stop the Cap!

A Note to Non-Profits/Civil Rights Groups Supporting the Comcast-Time Warner Cable Merger

penIf your non-profit or civil rights group has or is thinking of writing a glowing letter in favor of the merger of Comcast and Time Warner Cable, Stop the Cap! is delighted to announce our new Alert Your Donor Base service. Each time we discover a letter submitted to a state or federal regulator announcing your enthusiastic support for the Worst Company in America marrying the second worst, we’ll be sharing that exciting news, along with any contributions we discover Comcast has sent your way, to your members and supporters.

We were surprised to learn that so many non-profit and civil rights groups don’t seem to publicize their sudden fascination with Comcast’s growth agenda. Perhaps it is an oversight. But that’s no problem. We’ll make sure the news lands on your Facebook page, Twitter feed, and your local media outlets. You have nothing to be ashamed about, right?

If donors decide that Comcast has evidently given your group so much support you feel somehow obligated to divert your attention away from your core mission to write a Hallmark Card in favor of $45 billion corporate merger deals, that’s important news for them to know. Perhaps donors will decide it is safe to direct their contributions to the groups that are dedicated to helping real people, not multibillion dollar cable companies.

It’s the least we could do.

Here’s a sample:

Dear Carlisle Hope Station:

For the benefit of your donors, we’d like to share your exciting news that the Carlisle Hope Station of Carlisle, Pa. took valuable time out of its day to send a letter of support for Comcast’s $45 billion merger deal with Time Warner Cable. This merger will have no impact on your group or its constituency because Comcast is already your local cable company. You decided it was best for New Yorkers to also enjoy cable service from the 2014 winner of the Worst Company in America award.

We pondered why your charitable group would spend time, money, and resources on a letter writing campaign for multi-billion dollar corporation. Then we discovered Comcast is a Platinum Donor, contributing more than $10,000 in in-kind/real contributions to your organization. Since Comcast has so generously donated to your effort, perhaps there are other local needy organizations that could do with some donations — ones that don’t have time to write letters to out-of-state regulators about cable company mergers.

Yours very truly,

Stop the Cap!

Comcast/Time Warner Claim Their Rates, Walk-In Locations, and Merger Plans Are Off Limits to the Public

topsecretComcast and Time Warner Cable want New York State regulators to believe disclosing the locations of their customer care centers, revealing the prices they are charging, and describing exactly what Comcast will do to Time Warner Cable employees and customers post-merger are all protected trade secrets that cannot be disclosed to the general public.

New York Administrative Law Judge David L. Prestemon found scant evidence to support many of the claims made by the two cable companies to keep even publicly available information confidential, despite an argument that disclosure of the “trade secrets” would cause substantial competitive injury. His ruling came in response to a detailed Freedom of Information Law request from New York’s Utility Project which, like Stop the Cap!, is having major problems attempting to find any public interest benefits for the merger of the two cable companies.

The information Comcast and Time Warner Cable want to keep off-limits is vast, including the prices the companies charge for service, their licensed franchise areas, the locations of their call centers and walk-in customer care locations, and what exactly Time Warner Cable is doing with New York taxpayer money as part of the state’s rural broadband expansion program:

“In general, the redacted trade secret information and the Exhibits identified below include, without limitation, information and details concerning (i) the current operations and future business plans of the Companies, (ii) strategic information concerning their products and services, (iii) strategic investment plans, (iv) customer and service location information, and (v) performance data. This highly sensitive information has not been publicly disclosed and is not expected to be known by others. Moreover, given the highly competitive nature of the industries in which Comcast and Time Warner Cable compete, disclosure of these trade secrets would cause substantial injury to the Companies’ competitive positions– particularly since the Companies do not possess reciprocal information about their competitors.”

That’s laughable, declares the Public Utility Law Project.

Norlander (Photo: Dan Barton)

Norlander (Photo: Dan Barton)

“The ‘competition’ for TV, broadband, and phone business in New York generally boils down to a duopoly (phone company or cable ) or at best oligopoly (maybe phone and cable companies plus Dish or wireless), in which  providers are probably able to deduce who has the other customers and likely know, due to interconnection and traffic activity, what their ‘rivals’ are doing,” said Gerald Norlander, who is aggressively fighting the merger on behalf of the Public Utility Project.

Stop the Cap! wholeheartedly agrees and told regulators at the Public Service Commission’s informational meeting held last month in Buffalo that Comcast’s promised merger benefits are uniformly vague and lack specifics. Now we understand why. The public does not have a right to know what Comcast’s plans are.

“When it comes to divulging their actual performance and actual intentions regarding matters affecting the public interest, such as Internet service to schools, extension of rural broadband, service quality performance, jobs in the state, universal service, and so forth, well, that is all a ‘trade secret’ justified by nonexistent competition,” said Norlander. “Thus, the situation remains the same, there is insufficient available evidence to conclude that the putative incremental benefits of the merger outweigh its risks.”

Here is a list of what Comcast and Time Warner Cable believe is none of your business. Judge Prestemon’s rulings, announced this morning, follow. He obviously disagrees. But his decisions can be appealed by either company:

  • nyup“Details of Time Warner Cable’s current broadband deployment plans in New York. In particular, the information contains the specific details about such plans, including the franchise area, county, total miles of deployment, number of premises passed and the completion or planned completion date. Such information is kept confidential by Time Warner Cable” (ruled against Comcast/Time Warner Cable)
  • “information regarding the Companies’ promotional rates for service in various locations within their respective footprints – as well as competitive intelligence concerning competitor offerings. This compilation and competitive analysis are not publicly available.” (ruled for Comcast/Time Warner Cable)
  • “specific details of Time Warner Cable’s current build-out plans to rural areas of New York, as well as Comcast’s future business plans in this area. The information also contains anticipated financial expenditures for Time Warner Cable’s build-out plans. Such information has not been publicly disclosed.” (ruled against Comcast/Time Warner Cable)
  • “information concerning the New York schools and libraries served by Time Warner Cable, as well as information concerning Comcast’s future business plans to serve such entities. This information is kept confidential by Time Warner Cable and has not been disclosed to the public.” (ruled against Comcast/Time Warner Cable)
  • “information concerning the number of Comcast’s “Internet Essentials” customers in New York, as well as Comcast’s future business plans for the “Internet Essentials” program.” (ruled against Comcast/Time Warner Cable)
  • “the Companies’ detailed customer and service quality data.” (ruled for Comcast/Time Warner Cable)
  • “information concerning the Companies’ current operations and staffing levels in New York, as well as Comcast’s future business plans concerning post-merger operations and employee levels.” (ruled against Comcast/Time Warner Cable)
  • Comcast-Logo“information setting forth the number of subscribers to Time Warner Cable’s “Everyday Low Price” broadband service.” (ruled for Comcast/Time Warner Cable)
  • Comcast’s handling of customer requests for an unlisted service, and how Comcast handles customer inquiries related to this subject matter.” (ruled for Comcast/Time Warner Cable)
  • “Comcast’s future business plans with respect to particular subject matters.” (ruled against Comcast/Time Warner Cable)
  • “information and performance statistics relating to the Companies’ call centers in New York and the Northeast.” (ruled for Comcast/Time Warner Cable)
  • “information concerning Time Warner Cable’s operations as they relate to projects funded by federal or state [energy efficiency or distributed energy resource] programs.” (ruled against Comcast/Time Warner Cable)
  • “information concerning Comcast’s operations and future business plans relating to avoidance of truck rolls and vehicle fleets.” (ruled for Comcast/Time Warner Cable)
  • “information relating to the number of Wi-Fi hotspots that Time Warner Cable has deployed in New York, as well as Comcast’s future business plans in this area.” (ruled against Comcast/Time Warner Cable)
  • “information concerning Comcast’s handling of cyber-security issues associated with its Xfinity Home service.” (ruled against Comcast/Time Warner Cable)
  • “information concerning the Companies’ operations and customers in relation to cellular backhaul service.” (ruled for Comcast/Time Warner Cable)
  • “information concerning Time Warner Cable’s projects funded by NYSERDA” (ruled against Comcast/Time Warner Cable)
  • “projects developed in conjunction with New York State” (ruled against Comcast/Time Warner Cable)

New York City Comptroller Unimpressed With Comcast/Time Warner Cable Merger

one mbps

“Hey look, is that the Verizon FiOS truck?”

New York City comptroller Scott Stringer is lukewarm at best about the idea of Comcast taking over for Time Warner Cable. In a letter to the New York Public Service Commission released today, Stringer says the deal needs major changes before it comes close to serving the public interest.

“As New York City residents know all too well, our city is stuck in an Internet stone age, at least when compared to other municipalities across the country and around the world,” Stringer wrote. “According to a study by the Open Technology Institute at the New America Foundation, New Yorkers not only endure slower Internet service than similar cities in other parts of the world, but they also pay higher prices for that substandard service. Tokyo residents enjoy speeds that are eight times faster than New York City’s, for a lower price. And Hong Kong residents enjoy speeds that are 20 times faster, for the equivalent price.”

Stringer should visit upstate New York some time. While the Big Apple is moving to a Verizon FiOS and Time Warner Cable Maxx or Cablevision/Optimum future, upstate New York is, in comparison, Raquel Welch-prehistoric, especially if your only choice is Verizon “No, We Won’t Expand DSL to Your House,” or Frontier “3.1Mbps is Plenty” Communications. If New York City’s speeds are slow, upstate New York speeds are glacial.

“The latest data from the FCC shows that, as of June 30, 2013, over 40 percent of connections in New York State are below 3Mbps,” Springer added.

Come for the Finger Lakes, but don’t stay for the broadband.

Should the merger be approved, Comcast would be obligated to comply with the existing franchise agreement between Time Warner Cable and the City of New York. However, in order for the proposed merger to truly be in the public interest, Comcast must have a more detailed plan to address these ongoing challenges and to further close the digital divide that leaves so many low-income New Yorkers cut off from the information superhighway. To date, Comcast’s efforts to close the digital divide have focused on its “Internet Essentials” program, which was launched in 2012.iii The program offers a 5 megabit/second connection for $9.95/month (plus tax) to families matching all of the following criteria:

• Located within an area where Comcast offers Internet service
• Have at least one child eligible to participate in the National School Lunch Program
• Have not subscribed to Comcast Internet service within the last 90 days
• Does not have an overdue Comcast bill or unreturned equipment

While the aim of the program is laudatory, its slow speed, limited eligibility, and inadequate outreach have kept high-quality connectivity beyond the reach of millions of low-income Americans. Not only are the eligibility rules for Internet Essentials far too narrow, but the company has done a poor job of signing up those who do meet the criteria. In fact, only 300,000 (12 percent) of eligible households nationwide have actually signed up since the program was launched in 2011.

It is critical that the PSC not only press Comcast to significantly expand the reach of Internet Essentials, but also that it engage in appropriate oversight to ensure that the company is meeting its commitments to low-income residents of the Empire State.

Phillip "Comcast isn't the answer to the problem, it's the problem itself" Dampier

Phillip “Comcast isn’t the answer, it’s the problem” Dampier

In fact, the best way New York can protect its low-income residents is to keep Comcast out of the state. Time Warner Cable offers everyday $14.99 Internet access to anyone who wants it as long as they want it. No complicated pre-qualification conditions, annoying forms, or gotcha terms and conditions.

When a representative from the PSC asked a Comcast representative if the company would keep Time Warner’s discount Internet offer, a non-answer answer was the response. That usually means the answer is no.

“We have seen how telecommunications companies will promise to expand access as a condition of a merger, only to shirk their commitments once the merger has been approved,” Springer complained. “For instance, as part of its 2006 purchase of BellSouth, AT&T told Congress that it would work to provide customers ‘greater access and more choices for broadband, no matter where they live or work.’ However, later reports found that the FCC relied on the companies themselves to report their own merger compliance and did not conduct independent audits to verify their claims.”

Big Telecom promises are like getting commitments from a cheating spouse. Never trust… do verify or throw them out. Comcast still has not met all the conditions it promised to meet after its recent merger with NBCUniversal, according to Sen. Al Franken (D-Minn.).

Stringer also blasted Comcast for its Net Neutrality roughhousing:

While the FCC has not declared internet providers to be “common carriers”, state law has effectively done so within the Empire State. Under 16 NYCRR Part 605, a common carrier is defined as “a corporation that holds itself out to provide service to the public for hire to provide conduit services including voice, data, or video by electrical, electronic, electromagnetic or photonic means.”

Importantly, the law requires these carriers to “provide publicly offered conduit services on demand to any similarly situated user on substantially similar terms, subject to the availability of facilities and capacity.”

In recent months, Comcast has shown that it is willing to sacrifice net neutrality in order to squeeze additional payment out of content providers, such as Netflix. As shown in the chart below, Netflix download speeds on the Comcast network deteriorated rapidly prior to an agreement whereby Netflix now pays Comcast for preferential access.

speed changes

concast careConsumers have a legitimate fear that if access to fiber-optic networks is eventually for sale to the highest bidder, then not only will it stifle the entrepreneurial energy unleashed by the democratizing forces of the Internet, but will also potentially lead to higher prices for consumers in accessing content. Under that scenario, consumers are hit twice—first by paying for Internet access to their home and second by paying for certain content providers’ preferred access.

Internet neutrality has been a core principle of the web since its founding and the PSC must examine whether Comcast’s recent deal with Netflix is a sign that the company is eroding this principle in a manner that conflicts with the public interest.

Stringer may not realize Comcast also has an end run around Net Neutrality in the form of usage caps that will deter customers from accessing competitors’ content if it could put them over their monthly usage allowance and subject to penalty rates. Comcast could voluntarily agree to Net Neutrality and still win by slapping usage limits on all of their broadband customers. Either causes great harm for competitors like Netflix.

“I urge the Commission to hold Comcast to that burden and to ensure that the merger is in the best interest of the approximately 2.6 million Time Warner Cable subscribers in New York State and many more for whom quality, affordable Internet access remains unavailable,” Stringer writes. “And I urge Comcast to view this as an opportunity to do the right thing by introducing itself to the New York market as a company that values equitable access and understands that its product—the fourth utility of the modern age—must be available to all New Yorkers.”

If Comcast’s existing enormous customer base has already voted them the Worst Company in America, it is unlikely Comcast will turn on a dime for the benefit of New York.

The best way to ensure quality, affordable Internet access in New York is to keep Comcast out of New York.

No cable company has ever resolved the rural broadband problem. Their for-profit business model depends on a Return on Investment formula that prohibits expanding service into unprofitable service areas.

These rural service problems remain pervasive in Comcast areas as well, and always have since the company took over for AT&T Cable in the early 2000s. Little has changed over the last dozen years and little will change in the next dozen if we depend entirely on companies like Comcast to handle the rural broadband problem.

A more thoughtful solution is encouraging the development of community co-ops and similar broadband enterprises that need not answer to shareholders and strict ROI formulas.

In the meantime, for the good of all New York, let’s keep Comcast south (and north) of the border, thank you very much.

 

Free Speed Upgrades, 3000th Customer for North Carolina’s Community-Owned Fibrant

fibrant speedSalisbury’s community-owned fiber network has tripled its subscriber base in three years, signing up its 3,000th customer in the community of 33,000 and is already turning a profit.

Fibrant, despite facing intense opposition from corporate-backed, conservative special interest groups with financial ties to its competitors and a state law passed at the behest of Time Warner Cable that limits its future growth opportunities, has proven very successful delivering improved Internet access to a community that received the back of Time Warner’s hand when it requested service upgrades.

Salisbury invested $33 million to install more than 250 miles of fiber in and around the community and began hooking up customers to its all-fiber network in late 2010. By the following summer, 1,200 customers signed up. Today, Fibrant serves more than 3,000 homes in the community.

WCNC-TV in Charlotte reports Fibrant is likely to break even this year after losing $4.1 million the year before — a loss Fibrant attributes to normal start-up costs faced by almost every new business.

Dale Gibson has been thrilled to be a Fibrant customer since the beginning and is even happier now that Fibrant offers gigabit speeds.

“Generally, when an Internet service provider gives a speed, it represents bandwidth, or a theoretical ‘best effort’ speed, not the ‘throughput,’ or actual speed,” Gibson told the Salisbury Post. “My speed tests are consistently above 900Mbps.”

In 2013, Fibrant raised the speed of its entry-level broadband package to 20/20Mbps for no extra charge. In the coming week, Fibrant’s basic broadband customers will be getting another free upgrade to 50/50Mbps.

Customers who want even faster speeds are also getting them for no extra charge:

  • 30/30Mbps customers will see their speed raised to 75/75Mbps;
  • 50/50Mbps customers get a free speed increase to 100/100Mbps;
  • 100/100Mbps customers get the best upgrade of all: 1,000/1,000Mbps service at no extra cost.

Fibrant’s competitions cannot come close. AT&T U-verse still tops out at around 24Mbps in this part of North Carolina and caps its customers to 250GB of usage a month. Time Warner Cable’s best speed remains 50/5Mbps at a price higher than what Fibrant charges for 100/100Mbps.

Rep. Marsha Blackburn (R-Tennessee, but mostly AT&T and Comcast)

Rep. Marsha Blackburn (R-Tennessee, but mostly AT&T and Comcast)

Fibrant has also improved its video packages, with new features like a whole house DVR, more channels, and more HD. Customers who don’t want networks shoveled at them can buy a basic cable TV package from Fibrant for $37 a month. Those who want more can upgrade to several different packages offering a maximum of over 450 TV channels and 50 music channels.

Customers in nearby communities who want the kind of competition Fibrant delivers will have to wait a long time to get it. Time Warner Cable, with the support of the Republican state legislature, successfully introduced and eventually passed the cable company-drafted measure to essentially ban community broadband in the state. FCC chairman Thomas Wheeler promised to consider eliminating these state corporate protectionism laws, provoking a hostile response in the Republican-dominated House of Representatives.

Rep. Marsha Blackburn, a Tennessee Republican with heavy backing from telecommunications giants AT&T and Comcast, introduced a measure for the benefit of large phone and cable companies that would override any effort by the FCC to increase competition by eliminating anti-competitive restrictions on public broadband.

“Blackburn’s positions line up very well with the cable and telephone companies that give a lot of money to her campaigns,” said Christopher Mitchell from the Institute for Local Self-Reliance. “In this case, Blackburn is doing what it takes to benefit the cable and telephone companies rather than the United States, which needs more choices, faster speeds, and lower prices. The argument that Blackburn puts forth [for passage of her measure] is not coherent. It’s just politics.”

Republicans in the House responded anyway, passing her measure 223-200. Just two Democrats voted in favor. The bill is not expected to pass the Senate and would almost certainly face a presidential veto.

New York Democrat Jose Serrano relished the ideological irony of House Republicans forced to twist their positions to accommodate AT&T.

“Whatever happened to localism or local control?,” asked Serrano. “This amendment means the federal government will tell every local citizen, mayor, and county council member that they may not act in their own best interests. Any such amendment is an attack on the rights of individual citizens speaking through their local leaders to determine if their broadband needs are being met.”

As community-owned providers in North Carolina found out, Big Telecom money often speaks louder than ideological consistency.

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