Highlights:

• Company still losing video customers, but picking up phone customers (on the cheap), and winning with broadband;
• Broadband consumption pricing still CEO’s favorite flavor of Internet billing, but only for other people’s content;
• Broadband speed matters, as Time Warner continues to win over dissatisfied DSL customers;
• ‘If customers love our broadband, we can charge more for it;’
• Verizon/Time Warner’s cooperative marketing agreement starts with discounts but ends with “exclusive product enhancements.”
• The future of Time Warner Cable Wi-Fi.

Time Warner Cable reported unexpectedly strong profits in its first quarter as the company’s broadband services helped stem the losses from departing cable TV customers.

The cable operator told investors it boosted profits 18%, mostly from increasing revenue the company earns selling broadband access to the Internet and convincing customers to add more Time Warner services.

Time Warner Cable said goodbye to 94,000 residential video subscribers last quarter, higher than analysts expected. But that did little damage to earnings because the company picked up an additional 214,000 broadband customers over the same period, most switching from phone company DSL service.

Time Warner Cable’s increasingly aggressive bundled service promotions, particularly on its triple-play offer of cable, broadband, and phone service, even managed to attract 112,000 new landline customers — a significant accomplishment as Americans continue to disconnect traditional phone lines in favor of cell phones.  It also helped increase the average revenue earned per subscriber.  Time Warner Cable pitches double play promotions as low as $79.00 a month. For just $10 a month more, customers can add a third service, and many do.

Most discounts last for one year, but the operator now often sends letters to customers reaching the end of their promotion offering additional, but lower-value discounts going forward. This has limited bill shock for customers surprised by the company’s regular prices. It also might reduce the urge for customers to shop around for a better deal.

Judging from the company’s financial results, most customers hang on to Time Warner Cable’s broadband regardless of price, if the competition happens to be traditional DSL from the phone company. In fact, as phone and cable companies realize they have sold broadband to virtually every home in their service area that wants it, growth in subscriber numbers going forward largely depends on poaching customers from someone else.  Nobody makes that easier than phone companies trying to sell customers DSL with speeds under 10Mbps.  According to CEO Glenn Britt, Time Warner Cable picked up more new broadband customers than Verizon and AT&T combined.

Time Warner Cable broadband speeds give headaches to phone companies trying to sell traditional DSL.

While phone companies continue to argue that speeds don’t matter (at least for their DSL product line), Time Warner believes otherwise and apparently so do their new customers.  The company reports that almost two-thirds of those dumping DSL said their old service was too slow.

Much of the company’s growth in broadband revenue is also coming from the high end, as customers increasingly gravitate towards faster broadband speed tiers.

Britt

Residential DOCSIS 3 (Extreme/Ultimate) customers increased 50% to 218,000, and almost 66% of new broadband customers signed up for either Turbo (20Mbps), Extreme (30Mbps) or Ultimate (50Mbps) service.  Together, these customers now make up 20% of Time Warner’s broadband subscribers, up from less than 16% a year earlier.

Customers are willing to pay higher prices for faster service, a point not lost on Britt, who noted that once customers perceive broadband has more and more value, the company can charge more for it over time.

If Britt’s steadfast belief in Internet Overcharging-consumption billing schemes holds true, some customers might find they are charged substantially more if the company decided to discontinue offering unlimited Internet service.

For now, the company plans to continue its experiments in consumption billing through its Internet Essentials program, now testing in South Texas, which limits customers to 5GB of usage per month before overlimit fees kick in.  But going forward:

“I think we’ve been pretty clear about this, we do think over time, there will be consumption element to the tiers,” Britt said.

But Britt says he wants to keep unlimited access for customers willing to pay for it.

Time Warner's Hotspots in southern California.

“We retained our unlimited tier with no cap (I actually don’t like the term cap),” Britt added. “And I think we should always have that. So that this was not in any way coercive, people who wanted to save money, could. People who wanted to keep what they had have kept it, and they still have unlimited. So our plan is to roll that out further across [the country] as the year goes on.”

Britt noted the company’s own streamed video products would not drain customers’ usage allowances.  But Netflix and other online streamed video would.  Britt adopted the same argument Comcast has used to defend the practice.

“So there’s a set of standards called the IP, Internet Protocol, and those can be used for a wide variety of things in the world,” Britt explains. “There’s also something called the public Internet, which happens to use IP standards. That doesn’t mean those two things are exactly the same. So the application that we have on the iPad is over our closed-circuit network. It’s just a different standard than we’ve used traditionally for our video. But it’s not the public Internet.”

In other developments, the company’s controversial co-marketing agreement with Verizon Wireless has now expanded to four cities: Raleigh, N.C., Cincinnati and Columbus, Ohio, and Kansas City, Mo.

Time Warner Cable executives told investors the early stages of the cooperative marketing agreement will consist of a promotion that includes a $200 gift card when a customer buys both a Verizon Wireless plan and upgrades at least one service on their Time Warner Cable account.  But the company plans to gradually reduce discounts and instead offer unspecified “exclusive product enhancements” that will only be available to customers who subscribe to both services.

Lastly, expect Time Warner Cable to continue aggressive deployment of its Wi-Fi networks in New York and Los Angeles.  The company signaled it intends to construct similar Wi-Fi networks in other cities in serves, but most likely not during 2012.

Time Warner Cable has completed its upgrade to DOCSIS 3 cable modem technology in New England and is providing its broadband subscribers a free speed increase.

Customers in Maine, Massachusetts, and New Hampshire are getting the same speeds customers in much of the rest of the northeast currently have from Time Warner:

• Standard Service was 8Mbps/512kbps.  Now: 10/1Mbps
• Turbo Internet was 15/1Mbps. Now: 20/2Mbps
• Basic Internet was 1.5Mbps/256kbps. Now: 3/1Mbps

The new speeds should already be in place for all customers.  Readers not receiving them can try unplugging their cable modem and then plugging it back in to reset the equipment.

The company’s DOCSIS 3-specific products: Extreme Interest (30/5Mbps) and Ultimate Internet (50/5Mbps) are also now available for purchase.

Time Warner DOCSIS 3 technology is now in place across 76 percent of its nationwide service area.

Time Warner Cable has expanded its national and regional sports lineup on its TV Everywhere online streaming app TWC TV in at least three large cities, with more to follow.

Among the national networks most customers can now access: ESPN, ESPN 2, MLB Network, NBA TV, NHL Network, TBS and TNT.

Also added to the lineup: Fox Sports regional cable networks.

• New York City (except for Hudson Valley) – ESPN, ESPN2, TNT, TBS, YES, SNY, MSG, MSG+, MLB Network, NBA TV, NHL Network
• Dallas – ESPN, ESPN2, TNT, TBS, Fox Sports Southwest, MLB Network, NBA TV, NHL Network
• Charlotte – ESPN, ESPN2, TNT, TBS, Fox Sports Carolinas, SportSouth, MLB Network, NBA TV, NHL Network

The new channels are available on the iPad, iPhone, Android 4.0 smartphones and tablets, and TWCTV.com to cable customers with at least an expanded basic subscription and the company’s broadband service.

At a time when cable operators are more reluctant than ever to overbuild into another operator’s territory, something very strange is going on in central North Carolina.

Time Warner Cable is moving into the neighborhood — one already receiving service from a community-owned cable operator.  That would be like Time Warner moving into one of Comcast’s service areas.  For some reason, those large cable companies completely avoid competing head-to-head, but where community-owned provider MI-Connection has managed to sign up around 15,000 customers for service, Time Warner Cable has also arrived.

As a result, customers north of Charlotte, in communities around Davidson and Mooresville, are getting some amazing prices for cable television, phone, and broadband.  Time Warner will even deliver an offer right to your front door.

Susan Wagner in Mooresville got her deal when she threatened to cancel Time Warner Cable and return to MI-Connection.

“(Time Warner) gave everyone a really good offer when they first came in and then drove up the price after a while,” Wagner told the Charlotte Observer.

When Wagner called to cancel, Time Warner sent an employee to her door offering to slash her cable bill by $50 a month, enough to keep her business.

Other residents in nearby Cornelius are also getting prices substantially lower than residents in cities like Charlotte, where many residents have one choice for cable: Time Warner.  Sam, a Stop the Cap! reader in the Morrison Plantation neighborhood, noted they skipped the last few rate increases from the cable company.

“You just call and tell them the rate is too high and as soon as they find out you have MI-Connection as an alternative, they lower the price,” he said. “My niece in Charlotte can’t get the same deal even when we gave her the details — it’s only good in areas where MI-Connection operates.”

That leaves Charlotte residents paying $35-50 more a month than savvy customers further north can have for the asking.

“It sounds like predatory pricing to me when the company offers a special low price that people like my niece are probably subsidizing on their higher bill,” Sam suspects.

The Observer reports Time Warner is also laying cable in other neighborhoods, such as Heritage Green, where the cable company is soliciting business from MI-Connection subscribers door-to-door.

MI-Connection’s CEO, David Auger, formerly from Time Warner Cable himself, claims he’s unconcerned about Time Warner’s aggressive overbuild of his service area.

But the state’s largest commercial cable company has been signing up some of MI-Connection’s current customer base and successfully holding its existing customers in place with significant discounts on service.  Since last July, MI-Connection signed up 667 new customers, but also lost 577 others, most likely to Time Warner Cable.

MI-Connection was launched from the ashes of a bankrupt Adelphia Cable system acquired by the communities of Mooresville and Davidson.  After investing in a needed system upgrade, the community owned provider relaunched service nearly identical technically to other cable systems.  Unlike Wilson and Salisbury, where new fiber-to-the-home systems were built, MI-Connection offers a more traditional cable package.

That makes competition with Time Warner Cable more difficult, but the community provider is trying.  Time Warner Cable’s regular pricing in the area runs $68.49 a month for 85 basic channels.  MI-Connection sells 86 channels for $61.99.  But when customers call Time Warner to complain about their higher prices, the cable operator dramatically lowers them to keep the customer’s business.

“The regular price only matters until you call and complain about it,” says Sam.

There have been complaints, but many of them are less about the cable bill and more about politics.  MI-Connection has not come cheap either town, which had to cover some of the costs of a needed system upgrade and service installation, estimated to run about $1,000 for every new customer signed.

Last fall, mayoral challenger Vince Winegardner made local government involvement in broadband a political issue, saying the purchase of the cable system was a mistake.  He lost his bid, but the system’s money needs remain a frequent topic of discussion in all of the communities involved in MI-Connection, and earlier this year the company company asked for $1.1 million from Davidson and Mooresville to ride out the rest of the fiscal year.

Time Warner’s recent interest in invading a fellow cable operator’s service area and slashing prices for those customers has raised the question whether their overbuild is about competition or predatory pricing to drive MI-Connection out of business.

Wagner doesn’t seem to mind either way, telling the Observer it is a “win-win” for her, scoring a lower cable bill with Time Warner.

But Sam isn’t so sure the savings will last.

“It seems pretty clear to me that Time Warner isn’t hurrying to compete with Comcast or Charter — just MI-Connection and that makes me suspicious,” Sam says. “After spending all that money to ban community broadband in the state, they now seem to be trying to drive out of business the handful of companies that were exempted.”

“My niece is probably paying for this right now on her cable bill too, and once MI-Connection is out of the way, those prices will shoot right back up,” Sam concludes.

Found more new customers than AT&T

If you are among the handful of people with an Android phone or tablet running Android v.4 (also known as ‘Ice Cream Sandwich’), Time Warner Cable’s latest version of its TWC TV for Android app introduces live streaming video.

Available as of 3pm ET this afternoon from the Google Play store, TWC TV for Android finally brings streaming video to an app that used to only allow Android owners to browse an online program guide and remotely manage their DVR boxes.  Time Warner Cable originally introduced its TV Everywhere streamed video service on Apple’s iPad.

But the company’s decision to limit streamed video only to the latest Android devices running Ice Cream Sandwich (ICS) is a major disappointment and will leave a lot of Android owners with a hobbled app.

“It’s currently the only version of the Android OS that allows us the security and stability necessary to distribute video over our private network,” claims Time Warner Cable’s Jeff Simmermon. “But it’s up to the device manufacturer and the sometimes the data carrier when or if ICS will be deployed to a particular device.”

Simmermon suggested the iOS platform developed by Apple was easier to contend with because one company developed the operating system and the devices on which it operates.

If you upgrade to the latest version of TWC TV for Android running on a non-ICS phone, a notification warns that live streamed video remains unavailable to you, leaving the app about as useful as its earlier version, which is to say not very.  Simmermon also warns the upgrade is not available to “rooted” devices.

Smartphones purchased within the last year are likely to receive eventual upgrades to ICS, although exactly when depends on your wireless carrier.  Older phones may or may not receive upgrades.  As a general rule, the older the device, the less likely the manufacturer will be willing to keep upgrading it.

Time Warner Cable’s spring promotion for broadband service has gotten more aggressive on pricing, particularly for the company’s fastest tiers.

In the northeast, we noted new, year-long deals that bring the price of the cable company’s fastest tier — now dubbed “Ultimate 50/5Mbps” to $79.99, down $20 from the regular price.

Time Warner’s “Extreme” 30/5Mbps service is now promotionally priced at $49.99.

The rest of the company’s speed tiers maintain the usual promotional pricing we’ve seen for several years.

All prices are supposed to be for new customers only, but we found them easy to obtain from the cable company’s customer retention department when customers demand the lower price.

Time Warner Cable is likely to charge their new $2.50 monthly cable modem rental fee if you open a new account, beginning in the seventh month of service.

Time Warner Cable has also been advising customers its CA Anti-Virus protection agreement has expired and the company is moving customers to McAfee’s “Family Protection” Suite instead.  The software comes free with your Time Warner Cable broadband subscription.

Cuomo

New York’s telecommunications providers are up in arms over Gov. Andrew Cuomo’s decision to yank permanent deregulation for the “digital phone” industry (otherwise known as “Voice Over IP/VoIP”) from his budget, even though the phone service is already deregulated in New York.

Now Verizon Communications and Time Warner Cable are claiming that without the deregulation they already enjoy, innovation, investment, and competition will be stifled.

“Verizon is very disappointed that New York’s lawmakers, who want the public to believe that New York is open for business, will not be acting on this important measure to modernize the state’s outdated telecommunications laws in this year’s budget,” Verizon spokesman John Bonomo told the Albany Times-Union.

“It’s about new technologies, it’s about new services,” echoed Rory Whelan, regional vice president of government relations for Time Warner Cable. “We want New York to be at the forefront of where we roll out our new products and services.”

That notion has left consumer groups and telecommunications unions scratching their heads.

“They are saying that this is going to open the flood gates to more investment,” said Bob Master, political director for one chapter of the Communications Workers of America, which represents Verizon workers. “It’s ridiculous.”

Master says Verizon has been abandoning and ignoring their landline network for years, preferring to invest in Verizon Wireless and its limited FiOS fiber-to-the-home service which is available in only selected areas of the state.

New York’s Public Service Commission has largely not regulated competing phone service since Time Warner Cable first introduced the service as an experiment in Rochester.  As part of then-Rochester Telephone Corporation’s (now Frontier Communications) “Open Market” Plan, competing telephone companies could offer landline service in the company’s service area, so long as Rochester Telephone received the same deregulation benefits.  Only the cable company showed serious interest in providing home phone service, which it first delivered using traditional digital phone switches phone companies like Verizon and Rochester Telephone use.  Time Warner later abandoned that service for a VoIP alternative it branded as “digital phone.”

Time Warner’s “digital phone,” as well as Verizon’s own VoIP service sold with FiOS, have co-existed regulation-free.  Consumer advocates suspect the push to deregulate could eventually benefit Verizon more than cable operators, because it gives the phone company the right to question why any of its telephone services are regulated.  Verizon’s FiOS fiber-based phone lines do not operate on the same network its still-regulated landlines do.  Verizon, along with all traditional phone companies in New York, are subject to “universal service” guidelines which assure even the most rural New Yorkers have access to reliable telephone service.

But Verizon, like most traditional phone companies, sees substantial investment in “modernizing” legacy copper-based networks as an anachronism, especially as they continue to lose customers switching to cheaper cable providers or wireless phones.  The company recently declared its fiber optic replacement network, FiOS, at the end of its expansion phase.  That leaves the majority of New Yorkers with a copper-based telephone network companies only invest enough in to keep functioning.

Diaz

Bronx Borough President Ruben Diaz, Jr., joined many New York Assembly Democrats in strong opposition to the bill, which Diaz thinks undercuts New York consumers:

If this proposal were to become law, all consumers would lose out. For starters, customers would not be able to bring service complaints to the Public Service Commission, as they currently can with traditional service. Additionally, there would be no way for the state to set standards for quality or for service in underserved regions — meaning that customers could get stuck with exorbitantly high rates or be unable to obtain service at all in some areas of the state.

Verizon FiOS, one of the main options for VoIP coverage, has now been installed in many regions of the state, including most of downstate. However, Verizon has chosen not offer the service in upstate cities like Albany, Binghamton, Buffalo, Rochester, Syracuse and Utica. The result is both a virtual monopoly for the cable companies in those areas and another blow to lower-income working families who live in cities. That’s precisely why the state should be able to guarantee common sense regulations for VoIP service.

The problems with deregulating VoIP service are multifold. While traditional phone companies pay into a fund that supports “lifeline” phone access for elderly and disadvantaged New Yorkers, VoIP providers would not have to. We do not have to guess at how things would look if the state gives up its right to regulate internet phone service — we can just look at the states where traditional land line service has been deregulated. According to a recent survey of 20 states that have seen land line deregulation, 17 of those states have seen rate increases. We simply cannot afford that, particularly when our fragile national recovery is just beginning to take hold.

Verizon appears undeterred by the governor’s decision to pull the deregulation measure from consideration in his budget measure.  Bills to deregulate continue to float through the Republican-controlled Senate and Democratic-controlled Assembly, but New York’s legislature is notoriously indecisive and slow to act.  Time Warner’s Whelan believes the best chances for the deregulatory measure will be in the GOP-controlled Senate where a similar bill passed last year.  Verizon says it will continue to push for the bill in both chambers.

“We intend to continue pushing for this important measure, and for other measures that will benefit the state’s consumers and businesses to keep up with technological change and help the state thrive and succeed,” Bonomo said.

In mid-March, Time Warner Cable added a $2.50 monthly modem rental fee for all new broadband customers, but existing customers not already subject to modem fees will be exempt from paying it.

The new equipment fee applies even in areas where cable modems have always come free with the cable company’s broadband service.  Until this month, customers in some areas including Rochester, N.Y., could not purchase their own cable modem equipment, but that restriction has now been dropped.  In areas where modems always came free with service, some customers have told Stop the Cap! the cable operator cannot provision their new modems until after April 1st.  Call your local Time Warner Cable office for exact information applying in your local area.

At $30/yr, consumers are advised it may be more affordable to purchase your own cable modem, especially if you are comfortable installing it yourself.  Cable modems are at least as reliable as wireless routers, and even easier to configure.

Time Warner Cable’s current promotion page offers six months of free modem rental to new customers, with fees starting the seventh month.  The cable operator supports a large number of different modems.  In the northeastern United States, Time Warner will provision any of these units (you can find your area’s list of approved equipment on Time Warner’s Internet Support page):

Prices range from under $50 for the DOCSIS 2 Motorola Surfboard SB5101, to north of $130 for Motorola’s DOCSIS 3 SURFboard Gateway SBG6580 on Amazon.com.

We called Time Warner customer service in Rochester for information about the modem rental vs. purchase option and learned:

• The modem rental fee only applies to DOCSIS 2.0 equipment suitable for Road Runner Lite, Standard or Turbo service (1-20Mbps);
• Road Runner Extreme (30/5Mbps) and Wideband (50/5Mbps) still includes free rental of the DOCSIS 3 cable modem and the company does not currently support customer-owned DOCSIS 3 modems in this area;
• Support options for customer-owned equipment are obviously more limited, but should your cable modem fail, you can quickly rent a replacement and pick it up at your local cable store to get back online fast;

We also learned Time Warner is running promotions in many areas pitching existing Standard and Turbo Service customers six months of Road Runner Extreme for just $10 more a month for six months. If you need 50/5Mbps Wideband service, signing up for Signature Home at $199 a month is often the best value when combining phone, Internet, and cable TV service.

Because different regions handle cable modem equipment and promotions differently, it is important to call your local office prior to ordering any equipment to verify it can be provisioned and to obtain correct information about any promotions or pricing.

Time Warner Cable’s online streaming apps that deliver dozens of national cable networks to authenticated cable TV subscribers have never included local broadband television channels, until now.

The cable operator announced it has added 26 local stations to the lineup, but they are viewable only if you have Time Warner Cable service in the New York City region.

The new channels include primary over the air stations and digital “sub-channels” that include niche, classic, ethnic, and special interest programming:

• WCBS HDTV (CBS)
• WNBC HDTV (NBC)
• NBC NY Nonstop
• WNYW HD (Fox)
• WABC HDTV (ABC)
• Live Well HD
• WABC News Now
• WWOR HD (My9)
• WPIX-HD (PIX11)
• WPXN HD (ION)
• WXTV HD (Univision)
• WFUT HD (Telefutura)
• WNJU HD (Telemundo)
• WFME
• WLIW (PBS)
• World
• WLNY (TV 10/55)
• WMBC
• WNJN HD (or WNJB or NJN1) – PBS
• WNYE (NYC TV Life)
• WRNN
• WNET (Thirteen HD)
• V-ME
• Create
• Kids13
• Rise (Al Jazeera)

Time Warner says they have an interest in expanding local station streaming in other cities sometime this year.  When we know which cities and stations will be included, we will pass them along.

Won 1.1 million new customers in 2011

Comcast and Time Warner Cable collectively picked up more than 1.5 million new customers in 2011, with most of the growth coming from dissatisfied DSL subscribers seeking better broadband speeds.

Leichtman Research Group, Inc. (LRG) found the eighteen largest cable and telephone providers in the US — representing about 93% of the market — acquired 3 million net additional high-speed Internet subscribers in 2011. Annual net broadband additions in 2011 were 88% of the total in 2010.

The top broadband providers now account for 78.6 million subscribers — with cable companies having over 44.3 million broadband subscribers, and telephone companies having over 34.3 million subscribers.

Stalled growth

Despite AT&T’s position as the second largest Internet Service Provider in the country, the company only picked up 117,000 new customers in 2011.  In contrast, Time Warner Cable, with 6 million fewer customers, added almost a half-million new broadband subscriptions last year.

Frontier Communications, which made broadband a primary target for expansion, has not seen considerable growth either.  The company only added just short of 38,000 new broadband customers last year, almost all getting DSL, often at speeds of 1-3Mbps.

Other key findings include:

• The top cable companies netted 75% of the broadband additions in 2011;
• The top cable companies added 2.3 million broadband subscribers in 2011 — 98% of the total net additions for the top cable companies in 2010;
• The top telephone providers added 750,000 broadband subs in 2011 — 68% of the total net additions for the top telephone companies in 2010;
• In the fourth quarter of 2011, cable and telephone providers added 765,000 broadband subscribers — with cable companies accounting for 82% of the broadband additions in the quarter.

Now serving 10.3 million

“Despite a high level of broadband penetration in the US, the top broadband providers added 88% as many subscribers in 2011 as in 2010,” said Bruce Leichtman, president and principal analyst for Leichtman Research Group, Inc. “At the end of 2011, the top broadband providers in the US cumulatively had over 78.6 million subscribers, an increase of nearly 25 million over the past five years.”

Americans are increasingly treating broadband as an essential “utility” service, as fundamental as electricity or clean water.

The majority of consumers who lack the service either consider it irrelevant in their lives (a factor that increases with the age of the surveyed respondent), cannot obtain service from their provider because of their location, or cannot afford the service.

Sources: The Companies and Leichtman Research Group, Inc.
* LRG estimate
** Includes LRG estimates for Bright House Networks, and RCN
^ Totals prior to Time Warner Cable’s acquisition of Insight completed on 2/29/2012
^^ LRG estimate does not include wireless subscribers
Company subscriber counts may not represent solely residential households
Totals reflect pro forma results from system sales and acquisitions
Top cable and telephone companies represent approximately 93% of all subscribers