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Time Warner Cable Wants $850 from Homeowner to Move Lawn Pedestal It Put in the Wrong Place

Phillip Dampier September 11, 2012 Consumer News, Grande, Public Policy & Gov't 3 Comments

Neighborhood terminal pedestals can serve from a half-dozen to 200 customers. This one is designed to service a small neighborhood.

Time Warner Cable is asking a Padre Island, Tex. customer to pay $850 to move a cable company pedestal box installed in her front yard by mistake.

Dorothy Harper’s home is located right on the shoreline, so utility companies have traditionally placed their equipment in a utility easement adjacent to the street. But Time Warner Cable, for whatever reason, decided to install their unsightly neighborhood terminal pedestal in the middle of her front yard, in front of her home, despite the city’s request that cable operators keep their equipment in a designated easement along the property line.

Harper has been trimming around the pedestal for years, irritated by its presence but infinitely patient that one day the company would do the right thing and move it to its proper location.

Her patience wore out when competing cable company Grande Communications expanded service on Padre Island and felt its own pedestal box would be right at home next to the improperly located one owned by Time Warner. Harper arrived home one afternoon to find both boxes happily creating a tremendous eyesore.

Harper told The Caller she called Grande Communications, which eventually moved their pedestal to the proper location. But Time Warner Cable proved infinitely more stubborn, even when the city got involved:

Edward Villarreal, who issues fiber optic and utility permits for the city’s Development Services, visited Harper’s property. He took photos of the cable pedestal and made phone calls to Time Warner on her behalf, without success, he said.

“It’s definitely an eyesore I wouldn’t want in the middle of my property,” Villarreal told Troubleshooter Thursday.

Harper got tired of the fight with Time Warner and backed off for a while, she said.

“Every time I drive up to our home, I am angered again at Time Warner and their negative response to a problem that their workers created,” she said.

Recently she called Time Warner again and was told they would move the pedestal if she paid $850, Harper said.

The newspaper’s troubleshooter intervened, calling Time Warner’s regional headquarters looking for a resolution and found someone a bit more sympathetic.

Jon Gary Herrera, regional vice president of communications for the cable operator said complaints about unsightly cable pedestals are common, but the company would be willing to move the one in front of Mrs. Harper’s home if the mistake was theirs.

If not, Time Warner has a solution to quiet chronic complainers. The company has been known to provide a rock facade to cover the ugly pale green lawn stump and make things more landscape friendly.

One reader had a last-ditch solution in case that did not work:

Make the switch to Grande and then arrange for someone to “accidentally” do a hit and run on the cable box thus forcing Time Warner to come out and place it in the proper location.

Frontier Boosting DSL Speeds in Kanawha, Putnam County, W.V.; 25Mbps $54.99/Month

Phillip Dampier September 11, 2012 Broadband Speed, Competition, Consumer News, Frontier 5 Comments

Frontier Communications is ready to deliver some customers faster DSL speeds in portions of West Virginia that have, until now, been stuck with 3-6Mbps from the phone company.

Residential and business customers in certain exchanges within Kanawha and Putnam counties can now upgrade to speeds up to 25Mbps for $54.99 a month, which Frontier claims also includes a combination modem-wireless router. Small business customers can get up to 40Mbps DSL service, where available.

Dana Waldo, senior vice president and general manager for Frontier’s operations in the state told the Charleston Daily Mail the company’s new Broadband Ultra and Ultimate DSL will be gradually extended within both counties by the end of this year. In order to sell faster DSL service, Frontier has to replace portions of its existing network with fiber optics and install new equipment to reduce the length of copper wire between the phone company and the customer.

Larger businesses in West Virginia are being marketed an even faster Metro Ethernet product, which can deliver gigabit speeds and beyond, for an exceptional amount of money.

The speed expansion, which covers both the city of Charleston and the growing suburbs to the west in Putnam County along Interstate 64 towards Huntington, is likely designed to curb customer defections to competing cable providers, which have delivered faster speeds in the rapidly growing region.

Frontier has not indicated when it plans faster broadband service for the rest of the state.

Texas Judge Allows Time Warner Cable to Maintain Local Station “Replacements” During Disputes

Phillip Dampier September 10, 2012 Consumer News, Public Policy & Gov't Comments Off on Texas Judge Allows Time Warner Cable to Maintain Local Station “Replacements” During Disputes

When Time Warner Cable can’t reach a retransmission consent agreement with local broadcasters, it can thank a loophole left in a badly-written contract the cable company has with Nexstar Broadcasting, a Texas station owner group, for providing a stop-gap solution.

A federal judge ruled late last week Time Warner Cable was allowed to replace local affiliates with Nexstar-owned stations because their contract does not prohibit the cable operator from the practice.

When the cable company’s carriage agreement with Hearst Corporation expired in July, Time Warner replaced affected local stations in Ohio, Kentucky, Florida, North Carolina, Vermont and New York with Nexstar-owned stations based in Terre Haute, Ind. (NBC affiliate, WTWO-TV), Wilkes-Barre, Pa. (NBC affiliate, WBRE-TV), and Rochester, N.Y. (CBS affiliate, WROC-TV).

Viewers in Kentucky ended up getting the local news from a station in western New York, located hundreds of miles away, but cable subscribers still got to watch their favorite network shows.

Nexstar sued Time Warner in federal court to stop the practice.

But Judge Jorge Solis could find nothing in Nexstar’s agreement prohibiting the cable company from importing the distant stations.

“Nowhere in the [agreement] does Nexstar limit its retransmission consent,” Solis wrote. “It appears the language limiting the broadcast […] is not present when Nexstar gives its retransmission consent under Section 1. In fact, it is specifically omitted when describing the ‘retransmission consent’ under Section 1.”

Solis refused to grant a request for a temporary restraining order and preliminary injunction stopping Time Warner from carrying Nexstar stations outside of their designated local broadcast areas.

More Than a Dime’s Worth of Difference Between GOP/Dems on Telecom Policy

On important issues for the online community, there are some substantial differences between the Democratic and Republican parties, particularly regarding Net Neutrality.

A review of the yas and nays in both party platforms (and past history in Congress) shows your vote can make a difference when Washington ultimately deals with privacy, network traffic, piracy, cybersecurity, and broadband expansion.

Net Neutrality – “Preserving the free and open Internet”: Prohibits providers from discriminating against different types of network traffic for profit or control

  • Democrats: Yas
  • Republicans: Nay

While the Democratic platform specifically states, “President Obama is strongly committed to protecting an open Internet,” one “that fosters investment, innovation, creativity, consumer choice, and free speech,” Republicans have treated Net Neutrality as anathema to the free market. Although virtually every Republican member of Congress has voted against Net Neutrality or publicly opposed the concept, some Democrats have as well, particularly those who have received significant financial contributions from the largest phone and cable companies lobbying against the policy.

Net Neutrality has not proved to be a major issue in Congress this year, with most of the recent battles taking place at the Federal Communications Commission. FCC chairman Julius Genachowski applauded a ‘third way’ for Net Neutrality, staking out a middle-of-the-road policy that pleased few outside of the FCC. It largely leaves the concept a “suggestion” for wireless carriers. Replete with loopholes and enforcement issues, even wired providers like Comcast have run around the policy for their own benefit.

Network Privacy – Full disclosure when websites track your browsing habits, and how online companies protect your private information

  • Democrats: Yas, provisionally
  • Republicans: Yas, provisionally

Net privacy is a topic many consumers hear about the most when a website gets hacked and private customer information is stolen in the process. But a growing number of consumers are also concerned about what websites are doing with their information and how their web visits are being tracked for advertising purposes. Large online companies like Facebook and Google have a vested interest in keeping this space as unregulated as possible to maintain lucrative revenue earned selling demographic information to advertisers. But consumers may not want advertisers to know the websites they visit, and members of both political parties have expressed growing interest in taming who gets their hands on your private stuff. Republicans are primarily concerned about tracking by government agencies, Democrats are more concerned with for-profit use of customer data.

The Republican platform abhors government intrusion into private liberty — primarily a reference to certain forms of surveillance. But the GOP platform is silent on enhancing privacy rights of consumers. The Obama Administration has been calling for a “Privacy Bill of Rights” that permits consumers to opt out of web tracking cookies and other tracking technology. Democrats separately want companies to do a better job disclosing and explaining how private information is being used. But Congress, under heavy lobbying to avoid the issue, never acted on the administration’s request.

Expanding Broadband: Finding New Wireless Spectrum and Improved Rural Access

  • Democrats: Yas on both
  • Republicans: Yas on one, vacillating  on the other

While neither party fully embraces their respective platforms while governing, their stated positions often reflect political positioning when new laws are contemplated.

The Democrats tout both their National Broadband Plan and the Obama Administration’s commitment to find Internet access for 98 percent of the country and expand spectrum available to meet the growing demands for wireless data. The Democratic platform touted President Obama’s proposal to promote wireless broadband as a possible rural Internet solution.

Republicans also want more wireless spectrum to be auctioned off as soon as possible. They also believe the solution to rural broadband is additional deregulation to stimulate private investment and a private marketplace solution. But they are short on specifics about how that can happen in areas deemed too unprofitable to serve.

Democrats are generally more tolerant of public and private broadband expansion projects and stimulus funding for expanded Internet access. The Obama Administration has overhauled the Universal Service Fund to help underwrite rural broadband expansion, a notion Republicans often oppose as unnecessary taxpayer or ratepayer-financed subsidization.

Online Piracy – Stopping those illegal file transfers of copyrighted content and Chinese-manufactured counterfeit DVDs sold by street peddlers.

  • Democrats: Yas
  • Republicans: Yas

Both parties are pointing fingers at China for supplying an endless quantity of counterfeit merchandise sold in flea markets, online, and by street peddlers in large cities. An enormous sum of Hollywood’s lobby money, and the presence of former Sen. Chris Dodd (D-Conn.) as head of the Motion Picture Assn. of America guarantees a Washington audience receptive to the industry’s arguments. Members of Congress from both political parties representing entertainment nerve centers in California and New York have adopted piracy legislation largely as written by industry lobbyists.

But there are limits. The Obama Administration ended up opposing the overreaching Stop Online Piracy Act because it failed to balance intellectual property rights with online privacy for consumers.

The Democratic platform said the administration is “vigorously protecting U.S. intellectual property—our technology and creativity—at home and abroad through better enforcement and innovative approaches such as voluntary efforts by all parties to minimize infringement while supporting the free flow of information.”

Cybersecurity: Tech Terrorism and CyberWars

  • Democrats: Yas
  • Republicans: Yas

Cyberattacks from foreign entities on American computer systems and the Internet receive near-equal attention from both political parties. But the GOP still feels the current administration has not done enough, accusing the Obama Administration of insufficient vigilance that has “failed to curb malicious actions by our adversaries.” The Republican platform demands an overhaul of a 10-year-old law governing computer security and demands more collaboration between the government and the private sector on cyber-incursions.

Democrats defend their performance expressing a pledge to, “continue to take steps to deter, prevent, detect, and defend against cyber intrusions by investing in cutting-edge research and development, promoting cybersecurity awareness and digital literacy, and strengthening private-sector and international partnerships.”

Time Warner Cable Partners with Viacom for Web Access to Full Length, On-Demand Shows

Phillip Dampier September 10, 2012 Consumer News, Online Video Comments Off on Time Warner Cable Partners with Viacom for Web Access to Full Length, On-Demand Shows

Time Warner Cable TV customers will soon be able to access on demand, full length episodes of popular TV shows aired on cable networks like Comedy Central, Nickelodeon and VH1 at no additional charge thanks to a new agreement signed with Viacom.

Currently Time Warner’s “authenticated” cable TV customers can live stream Viacom networks over the cable company’s TWC TV app, but soon will also be able to view on-demand content using a Time Warner user ID and password on Viacom websites.

Time Warner has been among the slowest cable operators to embrace the industry’s TV Everywhere project — allowing only paying cable television subscribers to access popular cable shows on the web. The new agreement will help Time Warner sell customers on keeping cable TV subscriptions to enjoy extra online features, while protecting the company from would-be cord cutters finding ways to watch favorite television shows for free online.

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