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Spectrum Launches Gigabit Upgrades Across Upstate New York, Dozens of Other Cities

Charter Communications today launched gigabit broadband upgrades across dozens of U.S. cities, including almost all of upstate New York, excluding Buffalo, and large parts of Texas, Ohio, California, and Virginia.

With the latest upgrades, customers in these cities are also getting speed bumps for Spectrum’s Internet Ultra package, which will now offer speeds of 400/20 Mbps. Customers can visit Spectrum.com to review their local speed options. Upgrades to the Ultra tier usually carry no service charges, but moving to gigabit speed will come at a cost — a mandatory $199 installation fee, with a service call required.

Some customers may need to swap out or replace their existing cable modems to take full advantage of 400+ Mbps speeds. A list of modems authorized for use on Spectrum’s network along with the speeds they support can be found here.

In other cities where Charter has already launched gigabit service, customers with Standard 100 Mbps internet plans also received a free upgrade to 200/10 Mbps, but readers report that speed upgrade has not yet taken place in areas launching gigabit service today:

  • Arizona: Yuma
  • California: Los Angeles, Palm Springs, San Diego, El Centro
  • Kentucky: Louisville, Bowling Green, and Paducah
  • Massachusetts: Boston (Suburbs)
  • Nebraska: Lincoln, Omaha
  • New York: Binghamton, Albany, Syracuse, Rochester, Elmira/Corning, Utica, and Watertown
  • North Carolina: Greensboro, Wilmington, and Greenville
  • Ohio: Dayton, Cincinnati, Youngstown, Lima
  • Pennsylvania: Wilkes-Barre and Pittsburgh
  • Tennessee: Tri-Cities, Chattanooga, and Knoxville
  • Texas: Dallas/Fort Worth, Waco, El Paso, Beaumont/Port Arthur, and Wichita Falls
  • Virginia: Roanoke/Lynchburg, Norfolk (Suburbs) and Tri-Cities
  • Wisconsin: Milwaukee, Green Bay/Appleton

For most customers, here is Spectrum’s current broadband pricing (new customer promotions may offer significantly lower rates and bundled pricing may differ):

  • $64.99 Spectrum Internet Standard 100/10 Mbps (will eventually be upgraded to 200/10 Mbps)
  • $54.99 Spectrum Internet Standard 100/10 Mbps with Spectrum TV (will eventually be upgraded to 200/10 Mbps)
  • $89.99 Spectrum Internet Ultra (400/20 Mbps)
  • $79.99 Spectrum Internet Ultra (400/20 Mbps)
  • $124.99 Spectrum Internet Gig (940/35 Mbps)
  • $114.99 Spectrum Internet Gig (940/35 Mbps) with Spectrum TV

N.Y. Attorney General Overcomes Charter’s Legal Objections to Slow Internet Lawsuit

Phillip Dampier February 20, 2018 Charter Spectrum, Consumer News, Public Policy & Gov't 6 Comments

Charter Communications will have to face a courtroom to answer accusations the cable company intentionally sold internet service at speeds it knew it could not provide to its customers in New York.

New York State Supreme Court Justice O. Peter Sherwood rejected a motion by the cable company to dismiss New York Attorney General Eric Schneiderman’s 2017 lawsuit accusing Time Warner Cable (now owned by Charter) of systematically shortchanging as many as 640,000 New York internet customers by falsely advertising internet speeds it knew it could not deliver, often with at least 900,000 outdated company-provided cable modems incapable of supporting the higher speeds the company promoted.

“Today’s decision by the New York Supreme Court marks a major victory for New York consumers — rejecting every single argument made by Charter-Spectrum in its attempts to block our lawsuit,” said Schneiderman. “This decision ensures that our office can continue to hold Charter-Spectrum to account for its failure to deliver the reliable internet speeds it promised consumers, ripping you off by promising internet speeds it simply could not deliver.”

Charter’s Defense: Spectrum’s Ad Claims for Fast Internet Service are: “Prototypical instances of non-actionable puffery.”

Charter’s lawyers attempted a variety of legal strategies to get Schneiderman’s lawsuit tossed, including undermining the cable company’s own marketing efforts. Lawyers argued the court should ignore Charter’s claims it sold a “blazing fast, super-reliable connection” that could “stream Netflix and Hulu movies and shows effortlessly” as nothing more than “prototypical instances of non-actionable puffery.”

Scheniderman’s office claimed it was much more than that.

N.Y. Attorney General Eric Schneiderman

“Spectrum-TWC failed to maintain enough network capacity in the form of interconnection ports to deliver this promised content to its subscribers without slowdowns, interruptions, and data loss,” stated Schneiderman. “It effectively ‘throttled’ access to Netflix and other content providers by allowing the ports through which its network interconnects with data coming from those providers to degrade, causing slowdowns. Spectrum-TWC then extracted payments from those content providers as a condition for upgrading the ports As a result, Spectrum-TWC’s subscribers could not reliably access the content they were promised, and instead were subjected to the buffering, slowdowns and other interruptions in service that they had been assured they would not encounter.”

Charter also claimed it was not legally responsible for meeting its own advertised speeds because the company only sold speeds “up to” a level, without guaranteeing customers would get the speeds it advertised.

Even if a judge found Charter lacking in its legal defense, lawyers for the company more broadly argued that under FCC Chairman Ajit Pai’s net neutrality order, state courts and regulators had no power to regulate or oversee broadband providers because “regulation of broadband internet access service should be governed principally by a uniform set of federal regulations, rather than by a patchwork of separate state and local requirements,” according to Charter’s attorney Christopher Clark.

Justice Sherwood uniformly rejected all of Charter’s arguments to dismiss the case:

  • Improper state venue for the lawsuit: “Spectrum-TWC fails to identify any provision [of law] that preempts state anti-fraud or consumer-protection claims, or reflects any intention by Congress to make federal law the exclusive source of law protecting consumers from broadband providers’ deceptive conduct.”
  • False advertising: “This court finds that, contrary to defendants’ contentions, the FCC’s goal of promoting competition through [the Internet Transparency Rule], the FCC stated that the rule was intended to ensure consumers had the “right to accurate information, so [they] can choose, monitor, and receive the broadband internet services they have been promised. New York’s Executive Law and Consumer Protection Act […] require that [providers] refrain from fraud, deception, and false advertising when communicating with New York consumers.
  • Netflix/YouTube slowdowns: The issue of interconnection agreements between content providers and Spectrum-TWC are matters for the court to consider because it is not an attempt to regulate those agreements. “Rather, the complaint simply alleges that Spectrum-TWC misled subscribers by claiming that specific online content would be swiftly accessible through its network, while it was simultaneously deliberately allowing that service to degrade […] and failing to upgrade its network’s capacity to meet demand for this content.”
  • “Up to” speeds: Spectrum-TWC claimed that advertising speeds “up to” a certain level was not misleading because consumers understood this to mean the maximum speed, not average speed. In Spectrum’s argument, it claimed “reasonable consumers understand this is not a promise of ‘minimum’ performance, but rather ‘maximum’ performance.” But the judge disagreed. “Defendant’s theory is contrary to New York law regarding ‘up to’ claims” when those speeds are “functionally unattainable as a result of the defendants’ knowing conduct.”

Schneiderman’s office is seeking civil fines and restitution from Spectrum-TWC for customers in New York.

Charter/Spectrum: We’ll Offer Gigabit Speed Nationwide by the End of 2018

Spectrum markets where gigabit speed is already available.

Charter Communications is accelerating the deployment of the next generation cable broadband standard DOCSIS 3.1 so that it can offer almost every customer gigabit download speed by the end of this year.

“We plan to be 1 Gbps everywhere and marketing 1 Gbps everywhere this year, which is [also includes] taking up a significant portion of our business to minimum speeds of 200 Mbps at the same price we were charging for 60 Mbps a year ago,” said Thomas Rutledge, CEO of Charter Communications, on a Feb. 2 investor conference call. “And we plan to do that as quickly as we can, but because of the all-digital rollout and some of the other operational issues we have, we haven’t fully planned out [200 Mbps speed for] the whole country yet.”

Charter’s biggest challenge is expected to be swapping legacy modems inadequate for the task of delivering 200 Mbps and higher speeds to residential customers. Many Charter customers are still using modems originally provided by Time Warner Cable and Bright House Networks, generally considered adequate for supporting top speeds only between 50-100 Mbps. But Charter is planning to offer faster internet speeds to position itself as a viable broadband competitor in markets where fiber competitors have poached subscribers and the future threat of 5G speeds up to 1 Gbps are on the horizon. That could require a substantial modem exchange program, especially in cities that were never upgraded to Time Warner Cable Maxx before Charter acquired Time Warner Cable.

Charter’s migration for Time Warner Cable/Bright House customers continues, while Charter Legacy markets stall

In 2017, Charter intentionally focused most of its time and money integrating its acquired Time Warner Cable and Bright House Networks customers into Charter’s billing, provisioning, service, and retention systems. This came, Rutledge admitted, at the expense of long-time Charter customers who saw new product launches and upgrades delayed because of the ongoing integration effort.

It will take until 2019 to fully integrate all of Charter’s customers onto a single platform that will no longer distinguish if a customer was a long-standing Charter customer or a former TWC or BH subscriber.

Customers willing to abandon their legacy Time Warner Cable or Bright House plans in favor of a Spectrum plan are also dragging their feet. As of the end of 2017, 51% of TWC and Bright House customers were still sticking with their original plan, refusing to switch to Spectrum pricing and packaging. As customers face Spectrum’s new plans, some are canceling service. Time Warner Cable residential video customers dropped by 2.5% over 2017. Charter Legacy customers dropped by 1%, while legacy Bright House customers declined by 0.5%.

Legacy Charter areas saw subscribers running out of patience. The company lost 10,000 video customers in the last quarter versus a gain of 20,000 customers a year ago. Company officials blame the complications associated with absorbing millions of acquired customers for the results.

“In 2016 and 2017, we delayed a number of new product launches through the integration, particularly at legacy Charter within our fundamental structured operating model and business rules now in place, we will more aggressively launch new products nationwide,” said Rutledge.

Charter is also spending a considerable amount of its financial resources buying back its stock. During the fourth quarter, Charter accelerated its buyback program repurchasing 13.5 million shares in Charter Holdings stock totaling $4.7 billion at an average price of $347 per share. For all of 2017, Charter bought back $13.2 billion worth of its own stock.

Digital television conversions drag on…

Charter did not restart its digital television conversion program until June of 2017, and 30% of Time Warner Cable and 50% of Bright House Networks customers are still watching analog cable television as a result. Company officials promise digital conversion will be completed nationwide by the end of this year, the first step the company will take to make dramatic broadband speed increases possible.

“Our video products in those markets will improve,” Rutledge said. “Internet speeds will increase further and all-digital will drive more efficient operations in the field including electronic disconnects, self-installation and a reduction of unauthorized connections.”

Among the most significant improvements is the introduction of the Worldbox set-top box, which will be available nationwide by the end of 2018, but generally only to new video customers. The new box runs faster and is less expensive than the traditional set-top box, and better integrates on-demand and streaming video services.

Worldbox will also highlight Spectrum’s new Spectrum Guide, an improved on-screen program guide and content portal. The new guide will also include support for third-party streaming services like Netflix.

Charter has also begun to deploy an improved Wi-Fi router known as Wave 2, which claims to offer faster speeds and better signals throughout a customer’s home. Availability is reportedly spotty, but improving.

Charter Spectrum Hurrying Out 100 Mbps Speed Upgrades Before Year’s End

Updated 12/15: The speed upgrades for several regions including upstate New York have now launched. You may need to reset your modem to get the new speeds. You should see at least 100/10 Mbps. If that does not work, call or chat with Spectrum and have them reauthorize your modem. If you are on a legacy Bright House or Time Warner Cable plan, you will not get these upgrades until you change to a Spectrum plan. We will have a report up on the home page shortly about additional gigabit speed upgrades likely to launch next week later tonight. — PMD

“By the end of the year, Charter’s flagship speed will be an industry leading 100 megabits per second (Mbps) in virtually every market we serve. In the last year, we increased that speed 66% – from 60 Mbps to an even faster 100 Mbps – at no extra cost to our customers. Additionally, in a growing number of markets, we have begun upgrading that flagship speed to 200 Mbps.” — Charter Communications blog post for Nov. 30, 2017

Charter Communications is hurrying out 100 Mbps speed upgrades to “virtually all” its markets, whether customers were originally serviced by Charter or were acquired from Bright House Networks or Time Warner Cable.

The company has been on a publicity drive to suggest its merger/buyout of BH and TWC was consumer-friendly. Charter also wants to reassure shareholders concerned about the ongoing trend of cord-cutting and customer backlash over rising internet prices that the value of Spectrum’s faster internet service has improved.

Unfortunately, its publicity campaign also flies in the face of an industry push to convince Americans the Obama Administration’s Net Neutrality policies have neutered investments in broadband upgrades, which is exactly what did not happen with the second largest cable company in the country.

“Since 2014, Charter has invested more than $21 billion in [upgrades] including video delivery, more efficient bandwidth management and advanced compression technologies,” Charter wrote. “This investment has enabled us to improve the quality of our video while reducing the bandwidth needed for its delivery. The bandwidth that is made available can then be dedicated to significantly increasing our broadband speeds.”

Several legacy Time Warner Cable markets, particularly in upstate New York, New England, and some markets in the deep south and Rockies are still waiting for the digital television conversion that will free up bandwidth for internet speed upgrades. Albany, N.Y. is nearly complete and Rochester, N.Y. is next on the list.

Sources suggest Charter may find a way to boost speeds in almost all of its markets, regardless of whether digital TV conversions are complete. That would mean communities in these areas would see standard internet speeds rise from 60 Mbps to 100 Mbps at no extra charge. Those who agreed to pay Charter’s $199 upgrade fee for “Ultra” 100 Mbps service would see their speeds rise to as high as 300 Mbps.

A quick check showed no speed changes in the Rochester market as of this afternoon, but that could change before Christmas. Customers can check if they received an upgrade by briefly unplugging their cable modem and resetting it. A speed test will verify whether your areas has received an upgrade. Customers still holding onto a legacy Bright House or Time Warner Cable plan will see no speed changes. This is part of Charter’s effort to convince customers to abandon older plans and switch to Spectrum plans and pricing.

If speed upgrades are not in place by the end of 2017, they will be coming for the remaining Time Warner Cable markets in early 2018.

Meanwhile on Oahu, in Hawaii, Spectrum internet customers are welcoming gigabit internet (introductory price $104.99/mo). Those who don’t want to pay that much also received a free speed upgrade. What was 60 Mbps in the summer increased to 100 Mbps in the fall and as of Dec. 1 is now 200 Mbps. Similar speed increases will be coming to the cities that get gigabit upgrades from Charter. We anticipate all of those cities designated for gigabit service from Spectrum already have substantial competition from gigabit speed fiber to the home service from AT&T or Verizon.

Charter: Time Warner Cable’s Too-Low Pricing Meant It Couldn’t Afford Upgrades

Charter Communications has a new argument for raising your cable bill: Time Warner Cable’s promotions were so low-priced, the company couldn’t afford upgrades. By ending promotional pricing and raising prices, Charter can finally afford to manage the upgrades Time Warner Cable never made.

That novel argument comes courtesy of Charter Communications’ director of government affairs Anna Lucey, who made it in response to complaints from customers in western Massachusetts about substandard service and bill shock from Charter’s Spectrum. She was invited to answer questions and complaints raised during last week’s Board of Selectmen meeting in Adams, Mass.

Cheshire resident Peter Gentile, who was serving as cameraman to televise the public meeting with the cable company for Northern Berkshire Community Television, complained that when his Time Warner Cable promotion ended, Charter promptly raised his bill from $103 to $182 a month — nearly an $80 a month rate hike.

“It is absurd … I was told I could save some money by downgrading my internet so it would be slower and I would lose approximately 30 channels and my bill would only go down $7.75,” he said. “This is an impoverished community, this is an elderly community that is getting older and poorer and … I wish that you would go back to your team and explain.”

Lucey explained Charter is adopting one-size-fits-all nationwide pricing for its customers and is ending promotional pricing, explaining that Time Warner’s policy of “subsidizing” cable bills to give customers a lower rate did not allow Time Warner Cable to invest in its infrastructure.

Lucey

“It did lend a problem to infrastructure reinvestment that Time Warner could do, which is one of the reasons why we don’t have similar promotional packages that constantly deflate the cable bills,” Lucey said. “We want to keep all of our services up to date and continue to reinvest but I understand the sticker shock isn’t pleasant.”

Unfortunately for Lucey’s creative justification for rate increases, the financial facts disprove her assertion. In fact, Time Warner Cable outperformed Charter Communications in the first quarter of 2016, just before Charter closed on its acquisition of Time Warner Cable.

In April 2016, Time Warner Cable chairman and CEO Rob Marcus reported “the best ever customer relationship net additions,” “accelerated revenue growth of 7.5%,” and “robust adjusted OIBDA growth of 8.2%.”

“Our first-quarter results are the clearest indication yet that our efforts over the last 27 months are paying off. We have made our network more reliable, our products more compelling and our customer service far better. We’ve refined our marketing, enhanced our sales channels and strengthened our retention capability. All of that has driven robust customer growth, which in Q1 translated into very strong revenue and OIBDA growth. I couldn’t be prouder of what our talented, committed, passionate team has accomplished,” Marcus said, reflecting on the history of Time Warner Cable’s Maxx upgrade project, which delivered more compelling broadband speeds at a lower cost to Time Warner Cable customers than what Charter Communications offers today.

In fact, financial results for that period showed as Time Warner methodically worked through upgrading its systems, customer and revenue growth went up. The only exception was Free Cash Flow, which the company attributed to merger-related expenses, not promotional pricing:

SELECTED CONSOLIDATED FINANCIAL RESULTS
(in millions, except per share data; unaudited) 1st Quarter
Change
2016 2015 $ %
Revenue $ 6,191 $ 5,777 $ 414 7.2 %
Adjusted OIBDA(a) $ 2,159 $ 1,996 $ 163 8.2 %
Operating Income(b) $ 1,145 $ 1,084 $ 61 5.6 %
Diluted EPS(c) $ 1.72 $ 1.59 $ 0.13 8.2 %
Adjusted Diluted EPS(a) $ 1.81 $ 1.65 $ 0.16 9.7 %
Cash provided by operating activities(b) $ 1,608 $ 1,508 $ 100 6.6 %
Capital expenditures $ 1,318 $ 1,134 $ 184 16.2 %
Free Cash Flow(a)(b) $ 346 $ 407 $ (61 ) (15.0 %)
(a) Refer to Note 4 to the accompanying consolidated financial statements for definitions of Adjusted OIBDA, Adjusted Diluted EPS and Free Cash Flow and below for reconciliations.
(b) Operating Income is reduced by merger-related and restructuring costs of $40 million and $26 million for the first quarters of 2016 and 2015, respectively. Cash provided by operating activities and Free Cash Flow are reduced by merger-related and restructuring payments of $14 million and $26 million for the first quarters of 2016 and 2015, respectively.
(c) Diluted EPS represents net income per diluted common share attributable to TWC common shareholders.

Charter’s later announcement of upgrades for the remaining Time Warner Cable systems not upgraded to Maxx service before the merger deal was completed are occurring more slowly than Time Warner’s own original timetable. As soon as the ink was dry on the merger deal, Charter immediately canceled the Maxx upgrade program for all markets not already in progress with upgrades.

Charter’s own upgrade plan is less compelling than the Maxx menu of options, which gave customers more choices at a lower cost. Charter’s own financial reports admit the company is losing former Time Warner Cable customers as their promotions expire. Charter’s own executives attribute those losses not on deferred upgrades, but on the cost of service going forward after promotional pricing expires.

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