July 15, 2019

Mr. John C. Rhodes
Chief Executive Officer, NY State Dept. of Public Service
Three Empire State Plaza
Albany, NY 12223-1350

Re: 15-01446/15-M-0388 Settlement Agreement: Joint Petition of Charter Communications and Time Warner Cable for Approval of a Transfer of Control of Subsidiaries and Franchises, Pro Forma Reorganization, and Certain Financing

cc: Hon. Kathleen Burgess

Dear Mr. Rhodes,

We are writing to receive clarification regarding the “Order Adopting 2019 Settlement Agreement and Reconsidering Other Related Actions” (issued and effective July 11, 2019).

On page 28 of that document, the Commission comments on Stop the Cap’s recommendation that Spectrum customers in New York State benefit from an immediate upgrade in download speed to 200 Mbps, which is presently available in approximately half of Charter Communications’ national footprint.

The Commission rejected our recommendation, commenting in response:

“Moreover, its request for internet speed upgrades are also beyond the scope of the 2019 Settlement agreement, but the Commission notes that Charter is already required to increase its network speed to 300 Mbps by the end of 2019.”

That response suggests the Public Service Commission considers Charter’s original merger obligations not yet achieved, because the current speed received by most Spectrum customers is 100 Mbps, not 300 Mbps.

However, Charter Communications considers its speed obligations to New York complete, and ahead of the scheduled deadline, as noted in its May 20, 2019 “Annual Update” to the PSC[1]:

“Moreover, under Condition I.A.2, by December 31, 2018, Charter was required to offer broadband service with download speeds up to 100 Mbps to all customers served in New York (including Columbia County) and speed levels up to 300 Mbps by the end of 2019. Charter has far exceeded these conditions, through its Spectrum Internet Gig service offering, which provides all customers throughout New York access to download speeds of up to 940 Mbps. Accordingly, Charter is pleased to report that its implementation of network modernization and broadband speed increases have been completed ahead of the specified the Merger Condition deadlines.”

We are writing to receive clarification about the Commission’s interpretation of the Merger Order and its definition of “network speed.”

The Commission made it a requirement that Charter “increase its network speed” to 300 Mbps by the end of 2019. We would like to know what the Commission considers “network speed.” Does that refer to speed a cable system is capable of optionally providing customers (that presumably choose to pay more for a premium service tier) or was that to be the defined minimum base speed of Spectrum’s entry-level residential broadband product (excluding Spectrum Internet Assist)?

Charter has interpreted the Merger Order to mean “download speeds up to 100 Mbps” for all customers and “speed levels up to” 300 Mbps, but only optionally, by the end of 2019.

Time Warner Cable operated cable systems in New York City, Central New York, and parts of the Hudson Valley and Capitol District that were already capable of offering customers the option of 300 Mbps service before the merger between Charter and Time Warner Cable was announced[2].

Does the Commission accept Charter’s interpretation of the Merger Order or does it believe Charter has a yet unfinished obligation to raise the base internet speed to all New York customers to at least 300 Mbps by the end of 2019?

We would greatly appreciate receiving clarification on this point, because it is apparent Charter is currently disadvantaging New York broadband customers with broadband service at half the speed offered in other states.

Very truly yours,

Phillip M. Dampier
President and Founder

[1] Charter Communications, Inc. Annual Update 2019, May 20, 2019 p. 3

[2] https://www.businesswire.com/news/home/20150714005039/en/Time-Warner-Cable-Announces-Expansion-%E2%80%98TWC-Maxx%E2%80%99 (July 14, 2015)