The founding family of Cablevision is suing Altice USA, the company that acquired the suburban New York cable operator in 2016, for violating terms of the merger and committing fraud after laying off staff at Optimum’s News 12 operation.

This week the Dolan family — the founders and original owners of the suburban New York City cable system, filed a lawsuit in Delaware Chancery Court after learning the notorious budget-slashing executives at Altice laid off dozens of workers, with plans to cut many more, despite a merger commitment to maintain at least 462 workers at the news operation and accept financial losses of up to $60 million until 2020.

News 12 is unique in the downstate New York, New Jersey, and Connecticut area where Cablevision provides cable service, delivering “hyper-local” coverage of news events across individually programmed regional news stations, each targeting a different service area. News 12 was among the first cable operator-created local news operations, founded in 1986 by Cablevision founder Charles Dolan.

Over the next three decades, News 12 launched several unique channels to serve customers:

• News 12 The Bronx/Brooklyn (shared studios/talent, but branded individually to each borough)
• News 12 Connecticut
• News 12 Hudson Valley
• News 12 Long Island
• News 12 New Jersey
• News 12 Traffic and Weather
• News 12 Westchester

Originally exclusive to Cablevision, News 12 has since been licensed for viewing by cable customers of Charter Spectrum, Comcast, and Service Electric across the Tri-State area. Altogether, News 12 reaches about three million viewers in the region.

The lawsuit is an effort to preserve the legacy of News 12 in light of Altice’s legendary reputation for layoffs and budget cuts.

Charles Dolan

“Unfortunately for the employees of News 12, Altice has disregarded its solemn promise to operate News 12” as promised, the lawsuit claims. “The purpose of today’s lawsuit is to enforce Altice’s contractual commitment to stand by the employees of News 12. The Dolan family intends to hold Altice accountable for commitments Altice made at the time of the sale and to protect the quality programming News 12 provides the community.”

The lawsuit alleges Altice USA already laid off 70 News 12 employees in 2017 and notified the Dolans last month it would begin laying off additional workers beginning this week, including popular News 12 anchor Colleen McVey. McVey is a co-plaintiff in the lawsuit.

The fate of News 12 was a key issue for the Dolan family during merger talks with Altice. At one point, the family demanded News 12 be spun off as an independent entity not controlled by Altice because of fears the company’s cost-cutters would decimate the news operation. Ultimately, the merger agreement contained language forbidding Altice from laying off News 12 staff except in certain circumstances. The Dolan family claims there is no justification for the layoffs. Altice disagrees, claiming the suit has no merit.

“Altice USA remains committed to offering meaningful news coverage, enhancing our news product for our local communities, and growing our audience,” an Altice USA statement said. “Under Altice USA’s leadership, News 12 remains the most viewed TV network in Optimum households. This achievement reflects the uniqueness of News 12’s hyperlocal content and the high value viewers place on news that is tailored to their neighborhoods. Local news has never been more important, and we’re proud that News 12 continues to be a trusted source of news and information in the communities we serve.”

The U.S. Department of Agriculture is trumpeting the availability of hundreds of millions of taxpayer dollars to fund rural broadband programs around the country, but only in the most rural communities where an existing monopoly provider won’t be harmed.

“USDA has been investing in rural telecommunications infrastructure for decades, and our current programs offer more than $700 million per year for modern broadband e-Connectivity in rural communities,” the USDA writes on its new Broadband website. “In the coming months, USDA will almost double these longstanding programs with at least $600 million of additional funds for expanding rural broadband infrastructure in unserved rural areas and tribal lands.”

The funds will target unserved areas through a “pilot program” that goes to great lengths to keep funds away from underserved areas where an existing phone company offering slow speed DSL might suddenly face unwanted competition.

The Trump Administration’s budget language requires that funds be only spent in rural areas with a population of less than 20,000 residents, and only where there is insufficient access to broadband service with speeds of at least 10/1 Mbps — a drop from the FCC’s 25/3 Mbps standard. That lower speed threshold is widely seen as protecting incumbent phone companies and will keep broadband funds out of communities where DSL service predominates. The USDA will also notify all service providers in the general area about any application for funds, providing ample opportunity to object if a provider(s) report it already offers service to at least some of its customers at speeds of 10/1 Mbps or more.

If a dispute arises about service availability, the USDA will consult broadband availability maps that Sen. Jon Tester (D-Mont.) said “stink” or send USDA employees to the community to conduct an investigation.

For the moment, the USDA is asking rural Americans to share their stories about their broadband experiences:

To best bridge the e-Connectivity gap in rural America, USDA wants to hear the thoughts and needs of those individuals living and doing business in rural communities. Only through your participation can this program succeed in making rural America great again, so please share your user and service provider feedback, insights and ideas, on the many factors we’re considering, including:

• How affordable and reliable should rural broadband service be?

• What time-of-day (morning, afternoon or evening) do rural residents and businesses most need to use high-speed internet?

• How fast of internet connectivity is needed for business management, e-commerce, farming, ranching, education, and medical/healthcare purposes in rural areas, especially for large data transfers and real-time communications?

Share your feedback with the USDA.

Verizon is continuing efforts to gradually retire its copper-wire facilities in parts of six states, replacing existing copper wiring with a fiber to the home network.

Verizon has notified regulators the company intends to drop support for traditional landline service, replaced with Verizon’s fiber-powered internet and digital phone service.

“As a general matter, the retirement of copper facilities will not result in changes to rates, terms, and conditions in cases where the affected service is converted to a like-for-like service that is available on fiber facilities,” Verizon told regulators.

The central offices affected (click bold link to get copy of list of affected addresses):

Massachusetts

Dorchester, Hyde Park, Milton, Roxbury and West Roxbury (Nov. 30, 2018)

Dorchester, Hyde Park, Roxbury and West Roxbury (Phase 2 – March 9, 2019)

Dorchester, Hyde Park, Roxbury, and West Roxbury (Phase 3 – June 28, 2019)

New York

Bedford Village (Oct. 1, 2018)

South Staten Island + 58 wire centers in: Queens, Brooklyn, Astoria, Corona, Manhattan, Bronx, Flushing, Forest Hills, Long Island City, Newtown, Staten Island, and Richmond Hill (Nov. 30, 2018)

47 wire centers in Brooklyn, Astoria, Manhattan, Queens, Corona, Flushing, Forest Hills, Bronx, Long Island City, Newtown, and Richmond Hill (March 9, 2019)

60 wire centers in Brooklyn, Manhattan, Staten Island, Bronx, Richmond Hill, Queens, Newtown, Long Island City, JFK Airport, Forest Hills, Flushing, Corona, and Astoria (June 28, 2019)

Pennsylvania

Bethel Park, Camp Hill, Carnegie, East Liberty, Enola, Middletown, Oakland, Paxtonia and Steelton (Nov. 30, 2018)

Pottsdown (June 28, 2019)

Rhode Island

Riverside (Nov. 30, 2018)

New Jersey

Mays Landing (March 9, 2019)

Virginia

Second Avenue – Richmond (March 9, 2019)

AT&T and Comcast have successfully delayed Google Fiber’s expansion around the country long enough to finish upgrades that can nearly match the upstart’s speedy internet service.

Nearly four years after Google Fiber announced it would offer gigabit speed in Nashville, most residents still have no idea when they will be able to have the service installed. Although officially announced in January 2015, Google has only managed to connect 52 apartment buildings and a limited number of single family homes in parts of Charlotte Park, Edgehill, Sylvan Heights, Sylvan Park, East and North Nashville, and Burton Hills. In all, less than 30% of the homes originally promised service actually have it, forcing Google to seek an extension from the Tennessee Public Utilities Board, which was granted last week.

Google’s problems originate within itself and its competitors. The company’s contractors have been criticized for damaging existing wiring, tearing up streets and yards, piercing water pipes causing significant water damage, and inappropriate microtrenching, which caused some of its fiber infrastructure in Nashville to be torn out of the ground by road repair crews.

But the biggest impediment keeping Google from moving faster is its two competitors — AT&T and Comcast, successfully collaborating to stall Google, giving the phone and cable company plenty of time to improve services to better compete. Both companies have also aggressively protected their customers from being poached by offering rock bottom-priced retention plans that some claim are only available in Google Fiber-ready areas.

“It’s still complicated,” Nashville Google Fiber Manager Martha Ivester told the Tennessean newspaper. “Building this fiber optic network throughout the whole city is a long process, and we never expected it wouldn’t be a long process. Obviously, we have had our challenges here.”

WZTV Nashville reports East Nashville residents were upset over road work related to Google Fiber that lasted for months, severely restricting residential parking. (2:37)

Google Fiber Huts – Nashville, Tenn.

Google’s ability to expand has been restrained for years, despite an informal alliance with city officials, primarily over pole attachment issues. Much of middle Tennessee is challenged by a difficult-to-penetrate layer of limestone close to the surface, making underground utility service difficult and expensive. Google’s negotiations with Nashville Electric Service (NES), which owns 80% of the utility poles in Nashville and AT&T, which owns the remaining 20%, have been long and contentious at times. To bring Google Fiber to a neighborhood, existing wires on utility poles have to be moved closer together to make room for Google Fiber. In real terms, that has taken several months, as AT&T and Comcast independently move at their own pace to relocate their respective lines.

An effort to use independent contractors to move all lines in unison — known as “One Touch Make Ready,” was fiercely opposed by AT&T and Comcast, claiming it would violate contracts with existing workers and could pose safety issues, despite the fact both companies use independent contractors themselves to manage wiring. Both companies successfully challenged One Touch Make Ready in court. A federal judge ruled that only the FCC could regulate poles owned by AT&T, while another judge ruled the city had no authority to order the municipally owned electric company to comply with One Touch Make Ready.

In August, the FCC issued an order allowing One Touch Make Ready to apply to AT&T’s poles, but NES still refuses to change its policy of relocating service lines one line at a time. The electric utility did not explain its reasons. AT&T also recently eased its position on One Touch Make Ready, but with NES still stonewalling, Google Fiber’s delays are likely to continue.

AT&T Fiber is being embraced by some customers tired of waiting for Google Fiber.

In the interim, both AT&T and Comcast have upgraded their respective systems. AT&T Fiber offers a fiber-to-the-home connection available in some areas while Comcast offers near-gigabit download speeds over its existing Hybrid Fiber-Coax (HFC) network. The upgrades have taken the wind out of Google Fiber for some tired of waiting.

Google has recently tried to speed progress using underground “shallow trenching” for installation, which buries cable as little as four inches deep. The company has amassed more than 24,000 permits to lay fiber under roads and yards in Nashville, which may speed some deployment, but for some it is too little, too late.

“It has been more than a year since we expected Google Fiber to serve us and they won’t tell us when they will get here, so I gave up and signed a two-year contract for AT&T Fiber service instead,” said Drew Miller. “Google Fiber just isn’t as exciting as it was when it was announced because other providers have similar service now and I get a better deal bundling it with my AT&T cellphone service.”

Attitudes like that obviously concern Google, as have reports that customers in Google Fiber-ready neighborhoods are getting very aggressively priced retention offers if they stay with their current provider.

“Comcast cut my bill from close to $200 to around $125 if I did not switch,” said Stop the Cap! reader Olivia. “I also got double internet speed. I don’t need a gigabit, so I stayed with Comcast. If I get close to their usage limit I will switch to Google then.”

Olivia notes her mother had exactly the same services from Comcast, but Comcast would not offer her the same promotion because she lived in an area not yet wired for Google Fiber.

With upgrades and aggressive customer retentions, the longer Google takes to string fiber, the fewer customers are likely to switch for what was originally “game-changing” internet speeds and service.

WTVF Nashville shows off Google’s microtrenching, burying fiber optic cables just a few inches underground. (2:36)

Pricing Comparisons

Google Fiber

• Fiber 100: $50 a month, internet speeds up to 100 Mbps
• Fiber 1000: $70 a month, internet speeds up to 1,000 Mbps, downloads and uploads
• Fiber 100 + TV: $140 a month, internet speeds up to 100 Mbps, 155+ channels, premium channels (HBO, Showtime) available
• Fiber 1000 + TV: $160 a month, internet speeds up to 1,000 Mbps, 155+ channels, premium channels (HBO, Showtime) available

AT&T

• Internet-only: $50 a month for first 12 months, then $60 thereafter. $99 installation fee. Unlimited data costs an extra $30 a month. Early termination fee: $180 (pro-rated). Speeds range from 10 to 100 Mbps
• Direct TV + Internet: $75/mo first 12 months, then $121. Customers pay a $35 activation fee and $30 a month for unlimited data. 155 channels. Speeds vary. 24 month contract required.
• Internet 1000: $90 a month during first 12 months, then $100/mo thereafter. Bundled discount can reduce cost of package to $80-90. Up to 960 Mbps downloads. Early termination fee: $180 (pro-rated).

Comcast

• Performance Starter: $20 a month, increases to $50 after two-year promotion. Up to 25 Mbps.
• Blast!: $45 a month, increases to $80 a month after two-year promotion. 150 Mbps.
• Gigabit (DOCSIS 3.1): $70 a month, increased to $140 after two-year promotion. 940/35 Mbps.

WSMV Nashville reports Google’s microtrenching has been problematic as road crews unintentionally dig up Google’s optical fiber cables mistakenly buried just two inches underground. (2:44)

A complaint from AT&T that the city of Lincoln, Neb. charged “high fees” that have “delayed its residents the benefits of AT&T’s small cell deployments,” was false and misleading, city officials tell the Federal Communications Commission.

AT&T is one of the chief proponents of industry-friendly national pole attachment and zoning reform, urging the FCC to issue a national policy that would override state and local authorities on pole attachment fees, cell tower and antenna placement, environmental/historic/tribal impact reviews, and paperwork requirements.

In short, AT&T wants to improve its chances of getting fast and inexpensive approval to place its wireless infrastructure in localities with time limits on public input and local reviews.

But Lincoln city officials tell the FCC AT&T never even applied.

“A review of our records fails to reveal any permit applications filed by AT&T for such as deployment,” Lincoln officials wrote. “That means that AT&T either deployed without permission and unknown to the city, or AT&T provided misleading statements to the Commission. Lincoln has researched our rates, submitted them to national companies for evaluation, and as a result has signed small cell agreements with three different companies.”

Local officials around the country complain that the wireless industry is misrepresenting a handful of bad actors as indicative of rampant overcharging, and that a profitable, multi-billion dollar industry is seeking a government mandate to force preferential treatment for its infrastructure at below-market rates. Local government officials who hold a position on the FCC’s Broadband Deployment Advisory Committee issued a strong opinion that the wireless industry is getting a government-sanctioned benefit its competitors do not.

“It is unfair to prioritize one industry over all others in pricing the public rights-of-way and public infrastructure access,” the local officials advised. “Equal pricing of private access to public assets is especially a concern where there is no obligation for providers to serve all residents.”