Charter Communications has announced price changes and new fees for existing Time Warner Cable customers that will take effect Dec. 15, 2016:

• Late payment fee increases from $8.50 to $8.95
• If a live agent assists you with making a payment over the phone, there is a new fee of $5 for each transaction. Paying with an automated attendant should still be free.
• Damaged/unreturned equipment charges are changed (some fees increasing, others decreasing): Traditional Set top box: $123, Wi-Fi Modem/Extender/Router/Gateway: $78, Access Point: $172

It was a busy weekend for AT&T’s Randall Stephenson and Time Warner (Entertainment)’s Jeff Bewkes, culminating in an announcement from AT&T it was acquiring Time Warner in a deal worth $85.4 billion.

AT&T CEO Stephenson will remain as CEO while Bewkes stays temporarily to help oversee the transition of the merged company.

The deal has sparked confusion among some consumers who associate Time Warner with Time Warner Cable, but in fact the two entities are independent companies. Time Warner, Inc., is the entertainment and content provider that owns HBO, Warner Bros., CNN, TNT, and other networks. Time Warner Cable was spun-off in 2009 as an independent cable operator that was purchased by Charter Communications earlier this year.

AT&T’s interest in Time Warner is entirely about its video content. By owning Time Warner, AT&T can win deals to place its video programming on U-verse, DirecTV, and AT&T wireless smartphones and tablets without running into heated contract renewal negotiations, spiraling prices, and restrictions on how that content is viewed.

AT&T is hoping its acquisition will generate more revenue to make up for stalled wireless revenue growth. AT&T customers already can view DirecTV content on their smartphones without it counting against one’s usage allowance. AT&T could offer a similar usage cap exemption for Time Warner-owned programming, although it would raise the ire of consumer groups fighting for Net Neutrality, which prohibits preferential treatment of internet content.

Stephenson

Stephenson hopes the addition of Time Warner to the AT&T family will strengthen his existing plan to compete nationwide with cable television providers, offering a streamed bundle of cable channels under the DirecTV brand starting as early as this winter.

Stephenson has talked to Bewkes about a merger of the two companies since August, but Time Warner has always proved an elusive seller, having earlier rebuffed a buyout attempt from 21st Century Fox. Stephenson was talking to a man who pushed Time Warner Cable out of its corporate family nest back in 2009, and the reasons for doing so were ironic considering this weekend’s acquisition announcement:

Time Warner’s management believed that the separation was the right step for Time Warner based on the changes in Time Warner Cable’s business over time. […] Time Warner’s management believed that there were a number of potential benefits from the separation transaction:

• Time Warner would become a more streamlined portfolio of businesses focused on creating, packaging and distributing branded content.
• Time Warner and Time Warner Cable would each have greater strategic flexibility and each would have a capital structure that better suits their respective needs.
• The separation would provide investors with greater choice in deciding whether to own shares of Time Warner or Time Warner Cable or both companies based on their separate portfolios of businesses and assets.

What regulators ultimately think about the deal will probably take at least a year to learn, but reaction from Wall Street and both political parties was decidedly negative. AT&T’s decision to pay half the purchase price in cash worries investors more than the remainder of the cost paid in stock. AT&T’s stock price is falling, upsetting investors concerned about AT&T’s dividend, and the market may be signaling concern the merger might be a mistake of epic proportions similar to the disastrous $164 billion AOL-Time Warner merger in 2000.

Bewkes

Tom Eagan, an analyst with Telsey Advisory Group, said owning Time Warner for its content didn’t make much financial sense when it could license it for considerably less, as it does now.

“Why buy the cow when you get the milk for free?” Eagan wrote his clients.

Many analysts are wondering what changed Bewkes’ thinking that led to him spinning off Time Warner Cable in 2009, with his decision to sell in 2016. Time Warner got rid of its video distribution business because consumers were increasingly looking for alternatives to cable television. In 2000, that came primarily from satellite providers. Today it’s cord cutting.

Combining AT&T and Time Warner would create a mega-corporation that would own or control many of the largest cable networks and a major Hollywood studio and allow AT&T to maintain absolute control over how that content was distributed. Shareholders were concerned about the price tag of the deal, driving shares down in both companies. Combining AT&T’s existing debt with Time Warner will leave the combined company saddled with $175 billion in debt — a massive amount of money that may not be financed at near zero percent interest for long, if the Federal Reserve boosts interest rates. Moody’s has put AT&T’s credit ratings up for review for a possible downgrade as a result.

Both Republicans and Democrats reacted with unease about the prospect of creating another Comcast/NBCUniversal-sized entertainment company. Almost all were skeptical about the benefits to consumers. AT&T’s competitors seemed even more chilled, fearing AT&T’s control of both the content and the means to distribute it would give the juggernaut an unfair advantage. For example, AT&T could give itself a discount to carry Time Warner programming on U-verse and DirecTV that would be unavailable to competitors. It might also take a harder line on competing providers at contract renewal time.

Some regulators and politicians believe bigger has not proved better for consumers in the telecom space, particularly after seeing the results of Comcast merging with NBCUniversal. Critics contend Comcast has never taken the deal’s approving consent decree seriously, and have dragged their feet on adhering to the deal’s many conditions. Consumers have gotten almost nothing from the merger except higher cable bills.

Analysts predict AT&T will do everything possible to minimize regulator review of its deal. The first step will be to eliminate the FCC from the deal review process, which is a very real possibility considering Time Warner and AT&T have few deal-related FCC-issued licenses beyond a single independent television station in Georgia owned by Time Warner. That station could be sold or transferred to a separate entity within months. The deal will get a mandatory review by the Justice Department, looking for evidence of antitrust. AT&T plans to claim the merger combines two entirely different companies and won’t have any implications on competition.

Critics of the deal think otherwise, pointing to the potential of favoring AT&T over cable companies with lower programming rates. Net Neutrality proponents are also concerned about AT&T’s practice of zero rating its own content, which gives AT&T a competitive advantage in the wireless space.

Sources close to the Clinton campaign told Politico three names are emerging as potential FCC nominees in a presumed Clinton Administration, and all three are close friends of Bill and Hillary Clinton, all have spent time traveling through the revolving door of D.C. politics and the private sector or lobbying, and one served as a FCC commissioner before under Bill Clinton’s presidency.

All three are classic D.C. Establishment types, so there should be no surprises or rebellion from within the Democratic ranks.

Ness

Susan Ness: A former FCC commissioner, Ness today serves as a top Clinton fundraiser. Prior to her FCC appointment, Ness was a senior lender to communications companies as a group head and vice president of a regional financial institution. She served as Assistant Counsel to the Committee on Banking, Currency and Housing of the U.S. House of Representatives, and she founded and directed the Judicial Appointments Project of the National Women’s Political Caucus. Ness is a member of the National Association of Regulatory Utility Commissioners’ Committee on Communications, the Federal Communications Bar Association, and Leadership Washington (Class of 1988). Before she joined the FCC, she served in many civic leadership roles, including chair of the Montgomery County, Maryland, Charter Review Commission; vice chair of the Montgomery County Task Force on Community Access Television; and president of the Montgomery County Commission for Women.

In her favor, Ness didn’t end her service with the FCC and become a paid lobbyist, preferring to spend her years outside of public service in the private sector. However, she was a director for Adelphia, America’s first criminally convicted cable company (the principal owners, the Rigas family, went to prison for a variety of white-collar crimes). Ness was also an apologist for the disastrous telecom deregulation policies of the Clinton Administration, which backfired and created mass corporate consolidation and higher bills for consumers.

In a speech in January 1999, Ness promised good times were ahead because of Clinton Administration’s support for deregulation:

It takes good business planning, raising capital, provisioning, and investment before the fruits of competition can be harvested. And sometimes companies succeed and sometimes they fail. That’s the marketplace at work.

That’s why I’ve been somewhat surprised at the impatience with which some pundits have viewed the level of local competition under the ’96 Act.

On the first anniversary, folks were asking “where’s the competition?” I observed then that this was like piling the family into the car for a long trip, and, before you’ve reached the end of the driveway, there is a plaintive voice from the back seat, “Are we there yet?”

No, we’re not there yet — even now, two years further into the journey.

Kornbluh

Unfortunately for Americans, we’re still not there more than 15 years later. The marketplace and regulatory agencies have rigged the game into a comfortable duopoly where competition benefits exist primarily for new customers getting a sign-up promotion. Once expired, high prices predominate. Ness promised competition. We got consolidation and more deregulation instead, and Americans are paying some of the highest broadband and wireless prices in the world as a result. We’re uncertain if she has learned her lesson.

Karen Kornbluh: Her middle initials should be “D.C.” because she’s been there for so long. Kornbluh is the Democratic Party establishment through and through, with a record of public service dating back to the 1980s. From 1991-1994, she was a legislative aide for Sen. John Kerry (D-Mass.) She spent two years at the Treasury Department, then spent three years as a Tech Fellow at the New America Foundation think tank. She served as a policy director for Barack Obama when he was a senator from Illinois and was appointed as ambassador to the OECD in 2009, which means she is at least aware of how poorly the U.S. compares in broadband speeds to the rest of the world. Kornbluh will not rock the boat as a FCC commissioner, but should be a reliable vote for all of a presumed President Clinton’s telecom initiatives.

Phil Verveer serves as a senior counselor to current FCC chairman Thomas Wheeler, which may offer some continuity for Chairman Wheeler’s policies under the Obama Administration in a presumed Clinton Administration. Verveer is a longtime friend of the Clintons. He also served as Deputy Assistant Secretary of State and US Coordinator for International Communications and Information Policy with Ambassadorial rank from 2009 to 2013.

Verveer

Verveer has practiced communications and antitrust law in the government and in private law firms for more than 40 years.  From 1969 to 1981, he practiced as a trial attorney in the Antitrust Division of the Department of Justice, as a supervisory attorney in the Bureau of Competition of the Federal Trade Commission, and as the Chief of the Cable Television Bureau, and the Common Carrier Bureau of the Federal Communications Commission.  Between 1973 and 1977, he served at the Antitrust Division’s first lead counsel in the investigation and prosecution of United States v. American Tel. & Tel. Co., the case that eventuated in the divestiture of the Bell System.  As a bureau Chief at the FCC, Verveer participated in a series of decisions that enabled increased competition in video and telephone services, introduced asymmetric telecommunications regulation, and limited regulation of information services. But he was also a telecom lobbyist or counsel for Willkie, Farr and Gallagher (1999-2005) and Jenner & Block (2006-2009).

With those three names now out in the public view, Big Telecom lobbyists are reportedly “coalescing around those perceived to be frontrunners for a commission spot,” reports Politico.

“Nearly everyone on the list is part of the Clinton campaign’s network of tech advisers, which helped draft the Democratic nominee’s tech policy platform,” Politico adds, which means it is likely what Secretary Clinton has promised in her campaign documents about future telecom policy will likely move forward under the stewardship of her potential appointees who helped write it.

Several Arizona residents have reported receiving e-mail allegedly from Cox Communications requiring customers to update or upgrade their account, but in reality, the e-mail comes from a group of fraudsters trying to commit identity theft. The Pima County Sheriff’s Office has sent an open warning alerting cable customers in Arizona and beyond that if you receive an e-mail claiming you need to update or upgrade your account, disregard it, especially if it carries a deadline that warns your service will be disconnected if you don’t respond within a matter of days.

Customers who click on a link in the email will be taken to a phony Cox Communications website, where you will be prompted to provide your username, password and birth date. The sheriff’s office warns providing this information could start a series of criminal events that will not end well:

Why does this company need your birthdate? They want to steal from you. Do not provide any information to the purveyors of this scam.

Two vital pieces of information the fraudsters are always looking for are your date of birth and Social Security number. Anytime you are asked for this information over the phone in a call you did not initiate, or in an email from an unknown source, stop and ask, “Why?” Who wants to use this information?

If you receive requests that you have not initiated or you have not placed the call — a red flag should appear. Do not provide this information unless you know for a fact to whom you are speaking.

Your date of birth and/or Social Security number give the fraudsters have all the information they need to begin identity theft. The scammers can now open accounts in your name, make high-volume charges and ruin your credit. They are capable of doing this without your knowledge.

If they were to attack your established accounts first, your bank or credit card company may notify you of possible unauthorized activity. However, we have knowledge of unauthorized accounts operating for long periods of time while making large-dollar purchases. The scammers make minimal payments until the account is maxed out. Since the statement comes to a phony address established by them, the credit card company has to make a concerted effort to locate you because you no longer are making payments on this “zombie” account. When the company finally calls you, you are in shock! You had no knowledge of this account.

The Pima County Sheriff’s Office recommends consumers obtain a free credit report every four months by staggering requests for a free annual credit report from the three major credit reporting agencies. This will identify any new accounts you might be unaware of and prevent identity thieves from causing catastrophic damage to your credit score and reputation.

• EQUIFAX: P.O. Box 740241, Atlanta, GA. 30371, 1-888-766-0008.
• EXPERIAN: 701 Experian Pkwy. Allen, TX. 75013 1-888 EXPERIAN (397-3742)
• TRANSUNION: Fraud Victim Assistance Div., P.O. Box 679, Fullerton, CA. 92834-6790. 1-800-680-7289.

A yearly report including credit reports from all three agencies is also obtainable at no cost by calling 1-877-322-8228 or visiting www.annualcreditreport.com.

Charter Communications is taking a hard line against extending promotional pricing for Time Warner Cable and Bright House Networks customers and Wall Street predicts a major exodus of customers as a result.

UBS analyst John Hodulik predicts Charter’s new ‘Just Say No to Discounts’-attitude will result in customers saying ‘Cancel’ and he estimates a massive loss of at least 75,000 Time Warner Cable television customers in the third quarter as a result, with many more to follow.

Charter Communications’ executives have ordered a hard line against giving existing customers discounts and perpetually renewing promotional pricing, a practice Time Warner Cable has continued since the days of the Great Recession to keep customers happy.

Time Warner Cable and to a lesser extent Bright House have learned antagonized, price-sensitive customers were increasingly serious about cutting cable’s TV cord for good when the cost becomes too high to justify. Time Warner Cable dealt with this problem by giving complaining customers better deals, often repeatedly. That mitigated the problem of customer loss, allowed the company to retain and grow cable television customers and even helped minimize the practice of promotion shopping common in competitive service areas.

For years, Time Warner and Bright House customers learned they could enroll in a year-long promotion with the cable operator and then switch to a year-long new customer promotion from AT&T U-verse or Verizon FiOS and then jump back to the cable company with a new promotion. In many cases, they even got a gift card worth up to $300 for their trouble. Charter Communications thinks their new “pro-consumer policies” of not charging rapacious equipment fees and sticking to “simplified” prices will delight customers enough to keep their loyalty. Good luck.

Licensed to print money

Wall Street doesn’t believe Charter’s reputation or their ‘New Deal’ for TWC and BH customers will be perceived as making things better, especially for cable television and its cost. As customers roll off promotions at Time Warner Cable, the bill shock of watching rates rise up to $65 a month will speak for itself. The higher the price hike, the more likely it will provoke a family discussion about dropping cable television service for good.

In Los Angeles and Texas, where Charter premiered its new “simplified pricing” for Time Warner Cable customers, the response has been underwhelming, with many customers deriding it as “simply a price hike.”

David Lazarus, a reporter for the Los Angeles Times, characterized the transition from TWC to Charter this way: “Meet the new cable company. Same as the old cable company.”

Culver City resident Jack Cohen provides good evidence of what happens when customers get their first bill from Charter, and it is higher than expected. Cohen received his first bill for $162, $22 more than his last Time Warner Cable bill of $140 a month, because his promotion with TWC expired. As a result, he canceled cable television after Charter wouldn’t budge on pricing. Cohen said “cancel” and never looked back. He now pays the new cable company $40 less than he gave Time Warner Cable, because he now only subscribes to broadband and phone service. Charter’s ‘simplified pricing’ cost the cable company more than the $22 extra they were originally seeking.

Lazarus learned when his own TWC promotional package expires in December, Charter had a great Christmas present waiting… for themselves. Lazarus’ $65 promotion will rise to $120 a month — almost double what he used to pay. But Charter also offered Lazarus a better deal he can refuse, a new Charter-Spectrum package of the same services for the low, low price of $85 a month — still a 30% rate hike.

In Texas, customers coming off promotions are learning first hand how Charter intends to motivate customers to abandon the Time Warner Cable packages Charter promised they could keep — by making them as unaffordable as possible and offering slightly less expensive Charter/Spectrum packages as an alternative.

“But it’s still $45 more than what I was paying Time Warner Cable for the same damn thing,” complained Ty Rogers to a Charter retention specialist, after his Time Warner Cable shot up once Charter took over. He is waiting for Google Fiber to arrive and then plans to cancel everything with Charter.

Charter’s billing practices also are dubbed the weirdest in the cable industry by The Consumerist, because Charter loves to hide taxes, surcharges, and fees by rolling them into other charges on the bill and cannot be accurately accounted for:

Charter breaks out federal, state, or local taxes and fees for some services (TV) but not for others (voice). Also, depending where you live and when you signed up for services, the taxes, fees, and surcharges that do appear may be listed under different sections of the bill or not at all.

While their procedure does result in many fewer line items for consumers, it does produce more confusing bills overall, and make it harder to compare against other providers in a truly apples-to-apples kind of way.

‘No, no, no,’ counters Charter/Spectrum to FierceCable.

“Our internet packages are competitively priced, but we offer faster starting speeds and don’t charge an additional modem lease fee on top of the cost of service (that is an additional $10 at legacy TWC),” Charter spokesman Justin Venech said. “That pricing is better and more attractive to customers. Our video packages are simpler and more robust. For example, our Spectrum Silver package includes over 175 channels plus premium channels HBO, Showtime and Cinemax while a comparable TWC package would have charged extra for premiums.  We don’t add on additional fees and taxes to our voice product that our competitors do, and our equipment pricing for video set-top boxes are much lower with Spectrum than our competitors or legacy TWC or BHN.  Our new Spectrum pricing is $4.99 for a receiver vs over $11 at legacy TWC.”

“That assumes, like every cable company always does, that we want HBO, Showtime, and Cinemax, don’t already own our own cable modem, and are not dancing in the streets over an even bigger television package filled with crap we don’t want,” said Rogers. “Charter also takes away Time Warner’s excellent long distance phone service, which let me call almost all of Europe without any toll charges or an extra cost calling package. I paid Time Warner $10 a month and could talk to someone in France all night long if I wanted. With Charter, it’s more for less.”

Rogers’ promotion included his DVR in the promotion, so comparing Charter’s $4.99 vs. TWC’s $11 for a DVR made no difference to him either.

“You can argue all day about the ‘value’ you are offering, but you can’t argue your way out of a bill that is $45 higher than last month,” Rogers complained.

Overall, the latest spate of cable mergers and AT&T’s acquisition of DirecTV has been bad news for consumers, who face fewer competitive prospects and a new, harder line on promotional pricing. AT&T customers are discovering AT&T is more motivated to get U-verse TV customers to switch to DirecTV and less interested in providing discounts. The cable competition knows that, making fighting for a better deal much tougher if Charter’s only competitor in an area is AT&T. Cable operators also understand there is a built-in reluctance to switch to satellite by a significant percentage of their customers.

Charter’s pre-existing customers not a part of the TWC/BH merger are not too happy with Charter’s Spectrum offers either. At least 152,000 video customers said goodbye for good to the cable operator’s television packages.

Hodulik predicts there are more where that came from as the rest of the country gradually discovers what Charter has in store for them.