Angry Netflix investors upset that they did not receive advance warning the online and DVD rental movie service was facing the expiration of several important content contracts and would have to pay substantially more to renew them have launched a class action lawsuit against the company.

The City of Royal Oak Retirement System, which holds a substantial number of shares in the company, hired Robbins, Geller, Rudman & Dowd LLP, who filed the suit in U.S. District Court Friday on behalf of the pension fund and similarly situated investors.

The suit claims Netflix management misled investors with plans to grow the business while the company was actually preparing to significantly increase prices to cope with the increased licensing costs to stream content.

Netflix management in July announced it was effectively separating its streaming and DVD-by-mail businesses by charging individual subscription rates for each, resulting in a 60 percent rate hike for some subscribers.  Then it suggested it would spinoff its DVD rental business to its own division, to be called Qwikster.  Neither plan impressed customers, and led many to downgrade or discontinue service.  It did nothing for Netflix’s stock price either.  The stock tumbled from a July price of $291.27 to $94.79 last week.

The suit charges:

“At the beginning of the class period, Netflix was facing increasing competition for streaming business, and content providers were exploring new ways to distribute their content and/or maximize their licensing fees. Rather than fully disclose the devastating cost increases which were then threatening Netflix’s entire business, the defendants talked about [their] ability to grow.”

Several Netflix executives’ personal portfolios have grown as a result of selling their personal shares in the company, netting more than $90 million before the rate increase was announced, a fact the lawsuit also prominently mentions.

A western Indiana fiber-to-the-home project first envisioned more than five years ago is finally moving forward as it wins unanimous approval at the Tippecanoe County Redevelopment Commission.

Lafayette and West Lafayette, Ind., home to prestigious Purdue University, has a broadband problem.  Broadband advocates claim current providers Comcast and Frontier Communications underserve Tippecanoe County.  The former has put western Indiana on the “long list” waiting for service upgrades, and Frontier Communications offers little more than slow speed DSL in the region.  While Purdue arranges for its own Internet connectivity, off-campus students and area residents have had to make due with what the local cable and phone company offers, which isn’t much according to the locals.

“Comcast service has recently improved, but there is a big difference between Comcast service in a city like Chicago and what they deliver this part of Indiana,” shares Stop the Cap! reader Nick Jefferson, who tipped us to the recent developments.  “Frontier is a complete waste of time, and they have alienated customers across Indiana after taking over from Verizon Communications.”

In 2005, Tippecanoe County officials met with Verizon to encourage construction of its FiOS fiber-to-the-home network in western Indiana, as it had planned for the eastern Indiana city of Fort Wayne.  But Verizon sold off its Indiana landline operations to Frontier Communications, which has since shown little interest in expanding the fiber to the home network it inherited.  Now the county is considering financing a fiber network itself, to be ultimately run and administered by Cinergy MetroNet, which already provides service in the Indiana communities of Connersville, Greencastle, Huntington, Madison, New Castle, North Manchester, North Vernon, Seymour, Vincennes, and Wabash.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WLFI Lafayette Ultra-high-speed net may be headed here 3-21-11.flv[/flv]

WLFI-TV explained the basics of the new fiber-to-the-home network and how it will be paid for in this report from March, 2011.  (2 minutes)

The $40-50 million project would not come out of taxpayer funds directly.  Instead, a novel financing approach would cover construction costs over a 15-20 year period using a combination of MetroNet investor funds and a “tax increment financing” district, which would provide a temporary tax abatement during the period the network is being paid off.  Taxpayer dollars would not be exposed — the financial risks would be to MetroNet and its investors alone.

A fiber to the home service would provide a network capable of gigabit broadband speeds, but historically Cinergy has offered lower speeds to their other Indiana customers, albeit at highly competitive pricing, along with packages of video and phone service.

Larry Oates, head of the West Lafayette redevelopment commission for the project, says the fiber network delivers more than just the promise of better broadband service

“This project could be a great economic development tool,” Oates told The Exponent. “It is up to the businesses and residents who live here to decide what to do with it. We are just facilitating their potential.”

The County Commissioners will decide later whether to give the project a final approval.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WLFI Lafayette Tippecanoe County moves forward with plans for Fiber to Home 1-9-12.mp4[/flv]

WLFI in Lafayette reports Tippecanoe’s fiber to the home network has gotten unanimous approval from the country redevelopment commission.  (2 minutes)

An Oak Hill, W.V. contractor has said Frontier Communications’ unwillingness to pay a $1.6 million dollar balance is behind a layoff of more than 50 employees who handled cable work and phone installations on behalf of West Virginia’s largest phone company.

S&N Communications laid off the workers indefinitely Jan. 9, telling them the phone company had not paid the contractor.

Frontier Communications issued a statement indicating the “contractual relationship between Frontier Communications and S&N Communications has ended.  Both parties consider such contractual arrangements to be confidential.”  It had no comment about S&N’s claim Frontier had an outstanding balance.

Frontier has experienced several challenges providing phone and broadband service in West Virginia.  A plague of copper thefts, poor service, and a broadband service interruption last Thursday affecting 9,000 residents have all presented problems for Frontier’s customers. On Sunday, a squirrel chewed through a fiber line that disrupted service for hundreds of customers in Brooke and Ohio counties, also knocking out service for Brooke County’s 911 center and sheriff’s office.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WVNS Ghent Telecommunications Company in Fayette County Lays Off Workers 1-11-12.mp4[/flv]

WVNS in Ghent, W.V. reports on the layoffs at S&N Communications.  (1 minute)

Citing “the many enhancements they have launched” in the past year, Rogers Cable has announced an across-the-board broadband rate increase that will cost subscribers an additional $2 a month for Internet service effective March 1, 2012.

Rogers claims the rate increases come as a result of investments in their broadband network and the introduction of SpeedBoost, which delivers a temporary speed increase during the first few seconds of file transfers.

Rogers also claims they have increased monthly usage allowances and download speeds on many of the company’s broadband packages.

The rate increase is not going over well with subscribers, however.

Stop the Cap! reader Nick in Markham, Ontario is one of them.

"No additional charge," except for the $2 rate increase Rogers suggests comes after the addition of "service enhancements" like SpeedBoost.

“Rogers introduced ‘SpeedBoost’ as a ‘free’ feature which we are now apparently/effectively going to pay more for,” Nick writes. “I am really unimpressed with Rogers’ ‘generosity,’ especially respecting bitcaps, considering they are totally arbitrary.”

Nick notes customers in Quebec and western Canada have more generous usage allowances, and often lower bills.

“Shaw customers are getting a much better deal than Rogers’ customers these days,” Nick says. “If Rogers increased prices by $2 and took the caps completely off, I’d gladly pay a little more just to end years of headaches over watching my Internet usage.”

“I am so tired of feeling like my Internet connection is being rationed, and considering my choices have been Bell or Rogers, I think I’ll sacrifice some of the higher speeds and just consider switching to TekSavvy DSL, because it costs less and doesn’t come with Rogers’ stingy caps.”

A Montreal Gazette piece on the Canadian telecommunications industry says stockholders and company executives are doing much better, enjoying major boosts in telecom industry dividends.  The industry enjoyed a 25% boost in stock price + dividend yield over other Canadian stocks over the past 12 months.  The industry also enjoys the benefits a barely-competitive marketplace that offers opportunities for unfettered rate increases:

Canada remains a heavily protected market in telecommunications, which is one reason why consumers don’t get the kind of deals available in other countries.

But in the absence of such [competitive] changes, there’s a strong case to be made that telecom and cable companies will post solid profit growth this year and next.

North America’s broadband rankings continue to take a beating at the expense of countries deploying fiber optic broadband.  While the United States and Canada cope with aging landline technology and an uncompetitive marketplace that tells consumers they don’t need fiber-fast broadband speed, countries like Bulgaria, Lithuania and Estonia are lighting up 50-100Mbps networks that often charge lower prices than North Americans pay for 1-3Mbps DSL.

Ookla, a global leader in broadband testing and web-based network diagnostic applications, reports that the best performing broadband networks for speed, value, and performance are increasingly in Europe and Asia.  While both the United States and Canada used to be among the world leaders in broadband infrastructure, that is no longer true.

Some examples:

• The United States now scores 31st in average download speed, Canada is 33rd;
• In upload speed, America now ranks 37th, Canada a woeful 69th;
• Ookla’s Household Quality Index, which ranks packet loss and general reliability of home connections found Canada scoring 27th place, the United States 38th;
• At a cost per megabit, neither the US or Canada offers very good value.  The USA ranked 29th ($4.95 per megabit), Canada 33rd ($5.85 per megabit);
• Neither country does a great job delivering the speeds and service promised either.  The USA ranked 25th, Canada 32nd.

Ookla found that while speeds are rising in North America, they are not increasing nearly as fast as in other, higher-ranked countries.  Most of the speed gains in North America come from cable or limited fiber-broadband deployments like Verizon FiOS or community-owned fiber to the home networks.  Wireline ADSL service, which represented a larger proportion of home Internet connections in 2008, continues to lose ground to faster options from cable companies, community-owned broadband, and phone company fiber upgrades.  In eastern Europe, the Baltics, Russia and Ukraine, many of the dramatic boosts in broadband speed and quality come as a result of national fiber network upgrade projects.

While speeds in North America are gradually increasing, both the U.S. and Canada are being outpaced by many countries in Europe and Asia.

While providers in the United States and Canada often dismiss fiber as too costly, Ookla found fiber-based networks delivering some of the world’s best values in broadband.

For example, on a cost-per-megabit basis, Bulgaria’s new fiber networks deliver the world’s cheapest Internet service, at an average of just $0.64 per megabit.  The average broadband speeds in the country are now higher than 21/11Mbps.

Elion headquarters in Tallinn. Elion delivers fiber broadband to homes across Estonia.

Contrast that with average speeds in the United States (12.41/2.97Mbps) and Canada (11.95/1.70Mbps).  Other top scoring countries for cost-per-megabit include:

• Romania $0.97 USD
• Lithuania $1.11 USD
• Ukraine $1.17 USD
• Republic of Moldova $1.41 USD
• Latvia $1.80 USD
• Hungary $2.00 USD
• Slovakia $2.04 USD
• Hong Kong $2.26 USD
• Russia $2.51 USD

In terms of download speed, Estonia’s investment in a national fiber network is now paying dividends, with a dramatic increase in national average broadband speeds to 50/28Mbps.  As new cities join Estonia’s fiber network, speeds take a dramatic upswing.  Contrast average speeds in Saue (101.03Mbps), Viimsi (98.98Mbps), Tallinn (69.80Mbps), and Võru (65.58Mbps) with ADSL-rich Pärnu (12.55Mbps), Paide (12.40Mbps), Rapla (8.93Mbps), and Valga (7.71Mbps).

It is much the same story in other fiber-rich countries, where broadband speeds far exceed the averages in the United States and Canada:

Look what happens to Estonia's broadband speed rankings when it switched on its national fiber broadband network.

• Lithuania 31.65 Mbps
• South Korea 31.44 Mbps
• Latvia 25.42 Mbps
• Sweden 24.62 Mbps
• Romania 24.47 Mbps
• Netherlands 24.36 Mbps
• Singapore 22.94 Mbps
• Bulgaria 21.12 Mbps
• Iceland 20.53 Mbps

Despite all of the bad news, the cable industry’s trade publication Multichannel News tried to find victory in the jaws of defeat, noting things could be worse… if they ran traditional phone companies.

Cable operators delivered the fastest average broadband download speeds in 2011 — with major MSOs easily blasting by rival telco and satellite Internet services — according to data from independent testing firm Ookla.

For the full year, the six fastest residential Internet service providers in the U.S. based on average download speed were Comcast, Charter Communications, Cablevision Systems, Time Warner Cable and Insight Communications.

[…] Comcast and Charter delivered average download speeds of 17.19 Megabits per second, followed by Cablevision at 16.40 Mbps, Cox at 15.76 Mbps, TWC at 14.41 Mbps and Insight at 14.22 Mbps.

Verizon Communications fared better than its telco peers with an average download speed of 12.94 Mbps, thanks to FiOS Internet, its fiber-to-the-home service that provides up to 150 Mbps downstream. And overall, Verizon had the highest upstream speeds with an average of 7.41 Mbps. Still, the company’s legacy DSL services dragged down overall speeds.

Behind DSL were woefully slower speeds from the nation’s wireless ISPs (which include 3G broadband from large companies like Verizon Wireless and AT&T), and perennially last place satellite Internet.

Moffett

Despite repeated claims by providers that consumers don’t need fiber-fast broadband speeds, industry analyst Craig Moffett at Sanford Bernstein tells a different story:

“Technology adoption is creating a feedback loop that increasingly favors cable’s physical infrastructure,” Moffett wrote in a research note last month. “As more people are served by higher-speed connections, more and more applications are evolving to take advantage of them. Customers with lower-speed connections are increasingly being forced to upgrade to higher speed connections… or be left behind.”

The conclusion reached by Multichannel News columnist Todd Spangler:

“The relative broadband speeds of cable vs. telco isn’t merely an academic curiosity: Major providers are increasingly touting Internet performance in their marketing as they fight for consumers’ dollars.”

Unfortunately for the cable industry, although DOCSIS 3 upgrades have afforded dramatic increases in broadband download speeds, upload speeds lag behind.  Fiber to the home networks are best positioned to achieve victory in the global broadband race.  That is important not only because it delivers consumer dollars to the best provider in town, but fuels the further development of the digital, knowledge-based economy North America increasingly seeks to lead.