An attorney for Charter Communications revealed that company officials and New York telecom regulators were engaged in a “productive dialogue” over how to resolve the state’s dispute with the cable operator.

In written requests to extend the deadlines for a rehearing of the decision to revoke Charter’s merger with Time Warner Cable and file an “exit plan” to leave New York State, Helmer revealed the two sides were engaged in substantial talks to resolve their differences.

“Good cause exists to further extend the deadlines [….],” wrote Maureen O. Helmer, counsel for Charter Communications. “Charter and the Department [of Public Service] have been involved over the past few weeks in productive dialogue regarding the July Orders as well as the related special proceeding initiated by the Commission in the Supreme Court.”

Helmer added that Charter has been “assembling additional information” about its criticized rural broadband expansion program for review by the Public Service Commission, which decided in late July to evict Charter/Spectrum from New York for consistently failing to meet its merger obligations with the state.

Charter’s lawyer suggests it is in the Commission’s best interest to accept additional delays in the deadlines to file a rehearing appeal of the July eviction order (requesting an extension until Oct. 10, 2018) and to file an orderly exit plan (requesting an extension until Nov. 8, 2018).

“A further extension would allow additional time for discussions between Charter and the Department before the initiation by Charter of additional Commission or court proceedings. Additional proceedings before the Commission and/or the courts would have the potential to divert the resources of both Charter and the Department from discussions regarding both orders, and could have the effect of making it more difficult to resolve the issues raised by the orders without litigation,” Helmer wrote.

There is an increasing likelihood the Public Service Commission’s July order effectively throwing Charter Communications out of New York State was actually a hardball, last-ditch negotiating tactic, potentially to extract additional conditions and more rigid compliance with the orders of the Public Service Commission.

Charter officials originally claimed the July eviction order was an example of election year politics by the governor and a striking union. New York Gov. Andrew Cuomo, who has repeatedly slammed Charter/Spectrum for its performance in New York, is running for re-election. The International Brotherhood of Electrical Workers (IBEW) also continues to strike Charter in the New York City area, attracting support from local politicians.

A Commission that is amenable to Charter’s request for a second delay in meeting its deadlines to file paperwork would send a clear signal the PSC is no longer intent on throwing the cable operator out of the state.

The PSC’s July order rescinding the approval of Charter’s acquisition of Time Warner Cable was based ironically, in part, on Charter’s frequent failure to meet the state’s deadlines.

Morrow

Australia is learning a costly lesson finding ways to extend broadband service to rural areas in the country, choosing fixed wireless and satellite networks that will ultimately cost more than extending fiber optic broadband to rural customers.

Australia’s National Broadband Network (NBN) is tasked with supplying virtually all of Australia with internet access, using fiber/wired broadband in urban and suburban areas and fixed wireless and satellite internet access in the country’s most remote locations.

But just a few years after debuting satellite broadband and fixed LTE 4G wireless service in many parts of the country, demand has quickly begun to overwhelm capacity, forcing costly upgrades and punitive measures against so-called “heavy superusers.” The NBN has also scrapped plans to introduce higher-speed fixed wireless services, fearing it will only create additional demands on a network that was not envisioned to manage heavy broadband usage from video streaming.

NBN CEO Bill Morrow has elected to place most of the blame on his customers, specifically “superusers” that he characterized as “online gamers” who spend hours during the day and peak usage periods consuming large parts of the fixed wireless network’s available capacity.

“In the fixed wireless, there’s a large portion [of end users] that are using terabytes of data,” Morrow said. “We’re evaluating a form of fair use policy to say, ‘We would groom these extreme users.’ Now the grooming could be that, during the busy period of the day when these heavy users are impacting the majority, that they actually get throttled back to where they’re taking down what everybody else is taking down.”

Under the current NBN fair use policy, monthly downloads per household are capped at 400 GB, with maximum usage during peak usage periods limited to 150 GB a month, which is already significantly less than what most average American households consume each month. With expensive and unexpected early upgrades to more than 3,100 cell towers to manage rapidly growing usage, the cost of service is starting to rise substantially, even as usage limits and speed reductions make these networks less useful for consumers.

In areas where the NBN extends a fiber optic network, the fixed wholesale price for a 50/20 Mbps connection is $32.00 (U.S.) per month. (A 100/40 Mbps connection costs $46.25). For fixed wireless, prices are rising. A 50/20 Mbps fixed wireless connection (with usage cap) will now cost $46.25 a month.

Morrow took heat from members of Parliament over his claim that online gamers were chiefly responsible for slowing down the NBN’s fixed wireless network.

“With great respect to everything you said over the last 15 minutes, you have been saying to us the problem here is gamers,” said MP Stephen Jones (Whitlam).

Morrow clarified that online gamers were not the principal cause of congestion. The main issue is concurrency, which drags down network speeds when multiple family members unexpectedly use an internet connection at the same time. The worst congestion results when several family members launch internet video streams at the same time. Online video not only leads average users’ traffic, it can also quickly outstrip available cell tower capacity. High quality video streaming can quickly impact 4G LTE service during peak usage periods, driving speeds down for all users. The NBN now considers these newly revealed capacity constraints a limit on the feasibility of using wireless technology like LTE to supply internet access.

The current mitigation strategy includes limiting video bandwidth, discouraging video streaming with usage caps or speed throttles, capacity upgrades at cell towers, and public education requesting responsible usage during peak usage times. With capacity issues becoming more serious, Morrow canceled plans to upgrade fixed wireless to 100 Mbps speeds because of costs. The proposed upgrades would have cost “exponentially” more than wired internet access.

Hype vs. Reality: Most Australians reject fixed wireless and satellite internet as woefully inadequate. (Source: BIRRR)

Actual Fixed Wireless speeds

Actual Satellite Internet speeds

The concept of supplying fixed wireless or satellite internet access to rural areas may have made sense a decade ago, but there are growing questions about the suitability of this technology based on growth in consumer usage patterns, which increasingly includes streaming video. The cost to provide a sufficiently robust wireless network could easily rival or even outpace the costs of extending traditional fiber optic wired service to many rural properties currently considered cost prohibitive to serve. In Australia, fixed wireless and satellite has delivered sub-standard access for rural consumers, and requires the imposition of “fair usage” caps and speed throttles that inconvenience customers. For now, Morrow believes that is still the best solution, given that Australia’s national broadband plan relies heavily on wireless access in rural communities.

“[The benefit of a fair usage policy is] big enough to where if we did groom them during the busy time of the day, it would be a substantial [speed] lift for people,” he said. “I don’t think there’s a silver bullet in any of this – this is going to require us to think through a number of different areas.”

Better Internet for Rural, Regional and Rural Australia (a volunteer consumer group) shares horror stories about relying on satellite to solve rural broadband problems. (7:50)

Downdetector shows a major service outage for Spectrum customers in Central Florida.

A widespread service outage affecting Spectrum customers in central Florida that began Sunday caused a crowd of 100-150 customers to turn out at a Spectrum office on Semoran Boulevard in Orlando this morning to switch cable boxes or cancel service.

Customers lost television service Sunday evening and the outage continues in many areas, leaving thousands without service for more than 14 hours. Orange County Public Schools spent this morning without internet service, also provided by Spectrum. The school district e-mailed parents:

“OCPS families, we want to make you aware that throughout our community the internet and networks are down throughout due to issues with Spectrum. This outage is impacting many of our schools. At this time, Spectrum cannot provide a timeframe for restoration of service. We want to make you aware that contacting schools may be limited due to the outages. We also want to assure you our digital classrooms are always prepared to adjust to such circumstances as they can use blended methods for learning so instruction can continue regardless of problems with the internet. Thank you for your support. We will update you as we get new information.”

Many customers are angry about what they perceive as a deterioration in service after Charter Communications acquired Bright House Networks.

“It seems like since Spectrum has taken over from Bright House, every time the wind blows, the cable and the boxes go out and you have to come down here and stand in a line to change a box. It’s a waste,” Spectrum customer George Roberts told WFTV.

Communities affected include: Orlando and surrounding suburbs, Cape Canaveral, Sanford, Daytona Beach, Sky Lake, Palm Coast, and beyond.

“The storms last night caused damage to operations impacting customers in the Central Florida region,” said Spectrum spokesperson Joe Durkin. “I won’t speculate on completion but as Spectrum engineers are working to restore full video services to our customers and as time goes on – some areas are coming back. We confirm there’s no internet outage at all that could still be affecting Orange County Public Schools.”

Spectrum, like most cable operators, will not issue a service outage credit unless customers specifically request one. The best way to do that is to login to Spectrum’s website and use online chat or call your local cable office and ask for a service outage credit.

WFTV in Orlando reports angry crowds gathered at a Orlando Spectrum cable store to switch boxes or cancel service because of a service outage impacting Central Florida. (2:08)

Residents in Dixon, Calif. are being inconvenienced by AT&T’s fiber buildout. (Image: KOVR-TV)

AT&T’s contractors turned a Dixon, Calif. neighborhood into “a disaster zone” while attempting to install fiber optic cables for a forthcoming upgrade.

For almost half a year, AT&T’s outsourced construction crews have dug up yards around the growing community of 19,000, located 23 miles from Sacramento. The Valley Glenn neighborhood has seen the worst of it, according to homeowners who complain crews left concrete debris buried in their front yards, killed their lawns, and have been inconvenienced by heavy equipment partially blocking streets for months. Two weeks ago, an AT&T contractor crew hit a gas line, forcing the evacuation of the entire neighborhood.

Homeowner Natalie Avina sought help from Sacramento’s CBS station KOVR-TV, with the hope that drawing media attention to the debacle would force AT&T to ‘do the right thing.’

“They’ve ruined our front yard,” Avina told the station. “Everything’s been dug up. You know we take pride in our homes. You don’t want to come home and see this.”

Heather Craig, another homeowner, reports her lawn is struggling to recover. Then I’ve also learned through experience that having a dependable partner for construction materials ensures everything runs smoothly. We were fortunate to find an excellent provider that met all our needs. Their service area can be found here.

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“They put concrete instead of dirt back underneath our grass, so it’s dying,” Craig said.

Neighbors agree AT&T has been remiss on keeping the neighborhood informed about the duration of the construction and have not given them information about who to contact to discuss damages and concerns.

AT&T responded to the concerns earlier this week.

“As we work to expand and enhance our fiber network to deliver ultra-high speeds to the Dixon area, our goal is to minimize the effect on residents as much as possible,” AT&T said in a statement. “Unfortunately part of this project was not completed to our standards and we are working to fix it.”

Dixon homeowners are demanding AT&T pay for repairs after a contractor damaged lawns and sidewalks during fiber optic infrastructure installation. KOVR in Sacramento reports. (2:14)

A Rochester, N.Y.-based broadband company founded by an ex-president of Time Warner Cable and a former top executive at Rochester Telephone is bringing broadband competition to thousands of residents in Connecticut and Pennsylvania through its fiber-to-the-home network.

GoNetspeed has been aggressively expanding its service in Comcast, Verizon, and Frontier Communications service areas in suburban Pittsburgh and several cities in Connecticut. According to chief operating officer Tom Perrone, GoNetspeed has managed to buildout 100 network miles of fiber across 13 towns in two different states in just the first six months of 2018, providing a new choice for broadband service to over 30,000 homes and businesses.

Most recently, the company completed expansion in the New Haven, Conn. neighborhoods of Beaver Hills, Edgewood, and West River, adding an additional 3,000-5,000 homes to its network service area.

GoNetspeed prioritizes expansion in areas where there is little competition and where neighborhood density makes it financially feasible to bring fiber optic cables into an area. The company markets its service with simplified, lifetime pricing:

• $50 for 100/100 Mbps
• $70 for 500/500 Mbps
• $90 for 1,000/1,000 Mbps

In areas when service is first offered, the $100 installation fee is traditionally waived. There are no data caps. Static IPs and inside wiring are available at an additional cost.

GoNetspeed has received positive reviews from customers in parts of Bridgeport and West Hartford, where service is already available in Connecticut. In suburban Pittsburgh, GoNetspeed is available in parts of Ambridge, Beaver Falls, Baden, Conway, Beaver, Monaca, and Rochester. Over the summer, it announced it would soon also service New Brighton and Aliquippa. In general, the company wires neighborhoods where at least 10% of residents are committed to signing up for service. In Pennsylvania, it faces competition primarily from Comcast and Verizon. In Connecticut, competition will come from incumbents Comcast, Altice USA, and Frontier.

GoNetspeed’s headquarters are in suburban Rochester, N.Y. Ironically, it does not offer residential service in New York.

A GoNetspeed truck

The company originally behind GoNetspeed was Fibertech Networks (since sold to Crown Castle, a cell tower owner/operator). The founding partners were John K. Purcell, a former vice president at Rochester Telephone Corporation (now Frontier Communications) and Frank Chiano, the former head of Time Warner Cable in Rochester.

Fibertech was founded in 2000 as a fiber optic network operator. Purcell passed away in 2017, but Fibertech continued, eventually amassing a valuable 14,000 mile metro fiber network serving cities around the northeast. Fibertech served commercial customers like corporations, institutions, and wireless network operators seeking fiber connections to buildings or cell tower sites.

In the last several years, fiber network operators have started to enter the retail broadband marketplace as fiber overbuilders — providing fiber to the home service to areas where demand warrants investment. Most overbuilders target areas where no existing fiber competitor exists, which makes the northeast a viable target.

Verizon dropped its FiOS fiber to the home network expansion project eight years ago and incumbent telephone companies including Verizon, Frontier, Consolidated (formerly FairPoint), Windstream, and CenturyLink have shown little interest in investing in significant fiber upgrades in medium-sized cities in New England, the Northeast, and Mid-Atlantic region. That has given Comcast and Charter Communications — the two largest cable operators, a substantial and growing market share. But customers often loathe both cable operators, and there is built-in demand for new competition.

New Haven. Conn.

Local officials are also happy to see another competitive option. New Haven officials, like many others in Connecticut, have embarked on an effort during the last few years to attract new players to the state, especially after Frontier Communications acquired the assets of AT&T Connecticut. Many communities in Connecticut report a significant digital divide, particularly over the cost of internet access. New Haven, which has a significant low-income population, is happy to see GoNetspeed be part of the solution, but has wondered if GoNetspeed will expand service into lower-income areas of the city.

Connecticut Consumer Counsel Elin Swanson Katz, whose office manages broadband expansion in Connecticut, told the New Haven Register GoNetspeed’s expansion in New Haven “is just another strong indicator that Connecticut consumers are interested in having different options for broadband Internet service.”

“The more competition there is for consumers, for them to have choices, the better off we are,” Katz said. “It’s really important for our state to have ubiquitous access to affordable high-speed broadband that is reliable and that touches every corner of out state.”