Judge Engelmayer

New York Attorney General Eric Schneiderman will have to wait to bring his lawsuit claiming Charter/Spectrum is ripping off New York consumers with false speed claims until the courts can find a judge that isn’t a Charter/Spectrum subscriber.

U.S. District Judge Paul A. Engelmayer recused himself from hearing the case in state court Wednesday because he has a conflict of interest – he’s a Charter/Spectrum customer and could receive monetary damages if the cable company is found culpable.

“I am obligated to recuse,” Judge Engelmayer said, while also apologizing for not doing so earlier. As a former Time Warner Cable customer, he was unfamiliar with the Spectrum brand and only recently realized Charter Communications had acquired Time Warner Cable. “I can barely use a toaster. I have no idea what internet service I subscribe to.”

Charter Communications is trying to get the case heard in a presumably more friendly venue – federal court, and the case is on hold until Schneiderman completes his argument to have the case heard by a New York court. Charter argues that Schneiderman should not be allowed to bring enforcement actions under state law in state courts just because he is dissatisfied with the performance of the FCC.

The New York Attorney General brought the action after allegedly finding extensive evidence Time Warner Cable was not delivering the internet speeds the company promised in its advertising and in some cases left customers with equipment incapable of supporting the higher speeds customers purchased.

If Schneiderman can successfully keep the case in New York, the courts will have to find a judge with Verizon FiOS or no internet at all — a tall order in a state where Charter/Spectrum’s service area covers Buffalo to Manhattan and all points in-between.

WASHINGTON (Reuters) – President Donald Trump plans to sign a repeal of Obama-era broadband privacy rules as a bigger fight looms over rules governing the openness of the internet, the White House said on Wednesday.

Republicans in Congress on Tuesday narrowly passed the repeal of the privacy rules with no Democratic support and over the strong objections of privacy advocates.

The fight over privacy sets the stage for an even larger battle later this year over Republican plans to overturn the net neutrality provisions adopted by the administration of former President Barack Obama in 2015.

White House spokesman Sean Spicer said he did not know when Trump would sign the bill.

The privacy bill would repeal regulations adopted in October by the Federal Communications Commission under the Obama administration requiring internet service providers to do more to protect customers’ privacy than websites like Alphabet Inc’s Google or Facebook Inc.

Under the rules, internet providers would need to obtain consumer consent before using precise geolocation, financial information, health information, children’s information and web browsing history for advertising and marketing.

The reversal is a win for AT&T Inc, Comcast Corp and Verizon Communications Inc. Websites are governed by a less restrictive set of privacy rules overseen by the Federal Trade Commission.

Republican commissioners have said the rules would unfairly give websites the ability to harvest more data than internet service providers.

Terrible for American ppl, great for special interests. On #BroadbandPrivacy– it’s clear where GOP loyalties lie. https://t.co/dcmlEBfLvD

— Chuck Schumer (@SenSchumer) March 29, 2017

Senate Democratic leader Chuck Schumer said in a tweet the vote was “Terrible for American people, great for big biz.”

Republicans next plan to overturn Net Neutrality provisions that in 2015 reclassified broadband providers and treated them like a public utility.

FCC Chairman Ajit Pai, a Republican, in December said he believes that Net Neutrality’s days are numbered.

The rules bar internet providers from obstructing or slowing down consumer access to web content and prohibit giving or selling access to speedy internet, essentially a “fast lane” on the web’s information superhighway, to certain internet services.

Critics say the rules opened the door to potential government rate regulation, tighter oversight and would provide fewer incentives to invest billions in broadband infrastructure.

Pai told Reuters in February be backs “a free and open internet and the only question is what regulatory framework best secures that” but has steadfastly declined to disclose his plans.

Trump has not talked as president about Net Neutrality but in 2014 tweeted he opposed it.

(Reporting by David Shepardson; Editing by Lisa Shumaker)

U.S. House of Representatives

WASHINGTON (Reuters) – The U.S. House voted on Tuesday 215-205 to repeal regulations requiring internet service providers to do more to protect customers’ privacy than websites like Alphabet Inc’s Google or Facebook Inc.

The White House said earlier Tuesday that President Donald Trump strongly supports the repeal of the rules approved by the Federal Communications Commission in October under then-President Barack Obama.

Under the rules, internet providers would need to obtain consumer consent before using precise geolocation, financial information, health information, children’s information and web browsing history for advertising and marketing.

Last week, the Senate voted 50-48 to reverse the rules in a win for AT&T Inc, Comcast Corp and Verizon Communications Inc.

The White House in its statement said internet providers would need to obtain affirmative “opt-in” consent from consumers to use and share certain information, but noted that websites are not required to get the same consent. “This results in rules that apply very different regulatory regimes based on the identity of the online actor,” the White House said.

Websites are governed by a less restrictive set of privacy rules overseen by the Federal Trade Commission.

FCC chairman Ajit Pai in a statement praised the decision of Congress to overturn “privacy regulations designed to benefit one group of favored companies over another group of disfavored companies.” Last week, Pai said consumers would have privacy protections even without the Obama internet provider rules, but critics say they will weaker.

The American Civil Liberties Union, which opposes the measure, said companies “should not be able to use and sell the sensitive data they collect from you without your permission.”

An Internet & Television Association statement called the repeal “an important step toward restoring consumer privacy protections that apply consistently.”

One critic of the repeal, Craig Aaron, president of Free Press advocacy group, said major Silicon Valley companies shied away from the fight over the rules because they profit from consumer data.

“There are a lot of companies that are very concerned about drawing attention to themselves and being regulated on privacy issues, and are sitting this out in a way that they haven’t sat out previous privacy issues,” Aaron said.

Representative Michael Capuano, a Massachusetts Democrat, said Tuesday that Comcast could know his personal information because he looked up his mother’s medical condition and his purchase history. “Just last week I bought underwear on the internet. Why should you know what size I take? Or the color?” Capuano asked. “They are going to sell it to the underwear companies.”

Comcast declined to comment.

Representative Michael Burgess, a Texas Republican, said the rules “unfairly skews the market in favor” of websites that are free to collect data without consent.

Republican commissioners, including Pai, said in October that the rules would unfairly give websites like Facebook, Twitter Inc or Google the ability to harvest more data than internet service providers and thus further dominate digital advertising. The FCC earlier this month delayed the data rules from taking effect.

(Reporting by David Shepardson. Additional reporting by David Ingram and Stephen Nellis in San Francisco; Editing by Chizu Nomiyama and Grant McCool)

Ajit Pai, Chairman of U.S Federal Communications Commission, delivers his keynote speech at Mobile World Congress in Barcelona, Spain, February 28, 2017. REUTERS/Eric Gaillard

WASHINGTON (Reuters) – The U.S. Federal Communications Commission plans to reverse an Obama era decision that allowed it to approve companies to offer government-subsidized telecommunications services to low-income families, the agency’s Republican head said on Wednesday.

FCC chairman Ajit Pai has said telecoms service providers exploited loopholes in the “Lifeline” program for their own gain and states should decide which companies provide the internet, mobile phone and fixed line services to poorer Americans.

Democrats say Pai’s moves are aimed at winding down the program, but Pai has said he just wants to reform Lifeline to prevent fraud.

On Wednesday Pai said the commission would not approve about three dozen pending applications from companies that wanted to join Lifeline. He said the agency would not defend prior FCC actions with regards the program in a case pending before the U.S. Court of Appeals.

Twelve states have challenged the FCC’s order before the appeals court allowing the agency to approve companies to offer services. Pai said the FCC would ask the court to send the case back to the agency so it can reverse the decision and let states take the lead on approving companies.

“Congress gave state governments, not the FCC, the primary responsibility for approving which companies can participate in the Lifeline,” Pai said.

Putting the approval process in the hands of state utility commissions is essential to police against fraud, he added.

A group of U.S. House Democrats said Pai’s decision was an effort “to inflict death by a thousand cuts” to Lifeline, which has provided more than $1.5 billion in annual subsidies in recent years.

“Through lawyerly maneuvering, the FCC is trying to disguise its efforts to eliminate a system designed to make it easier for anyone who needs access to broadband to get it,” they said in a statement.

In March 2016, the FCC voted to expand the $9.25 a month telephone subsidy to include internet access. Pai said over 3.5 million Americans were currently receiving subsidized broadband service through Lifeline from 259 providers.

The FCC has estimated that 95 percent of U.S. households with incomes of at least $150,000 have access to high-speed internet, while less than half of households with incomes lower than $25,000 have Internet access at home.

FCC Commissioner Mignon Clyburn said Wednesday Pai’s decision means “low-income Americans will have less choice for Lifeline broadband, and potential providers who want to serve low-income Americans will face greater barriers to entry and regulatory uncertainty.”

(Reporting by David Shepardson; Editing by Andrew Hay)

President Donald Trump took credit on Friday for Charter Communications’ commitment to hire 20,000 new employees and invest $25 billion on improving cable and broadband service, despite the fact Charter promised to hire those workers more than a year before Trump won the election and its spending commitment may actually represent a reduction in spending.

Today, I was thrilled to announce a commitment of $25 BILLION & 20K AMERICAN JOBS over the next 4 years. THANK YOU Charter Communications! pic.twitter.com/PLxUmXVl0h

— Donald J. Trump (@realDonaldTrump) March 24, 2017

“We are really in the process of announcements and you’re going to see thousands and thousands and thousands of jobs and companies and everything coming back into our country,” Trump told reporters in the Oval Office after meeting with Charter CEO Thomas Rutledge and Texas Gov. Greg Abbott. “They’re coming in far faster than even I had projected.”

Rutledge claimed the company’s promise to spend $25 billion over the next four years was because of Trump’s commitment to cut corporate taxes and further deregulate the cable industry. Rutledge added that he was excited that the time was right in the “regulatory climate and the right tax climate to make major infrastructure investments.”

Unfortunately for both the president and Charter’s CEO, public filings required by the Securities and Exchange Commission show Rutledge’s spending commitment to the president actually could represent a $4 billion reduction in spending over the next four years.

In 2015, Charter, Time Warner Cable, and Bright House collectively spent a combined $7 billion as Charter continued its speed improvements and Time Warner Cable invested in its Time Warner Cable Maxx upgrade initiative. That spending increased in 2016 to $7.1 billion (a figure that excludes merger-related expenses), an amount confirmed in last month’s 4th quarter 2016 financial results:

“Capital expenditures totaled $1.89 billion in the fourth quarter, including $187 million of transition spend,” reported Christopher Winfrey, chief financial officer of Charter Communications. “Excluding transition CapEx, fourth quarter CapEx declined by $81 million year-over-year or 4.5% with tradeoffs between all-digital in the fourth quarter of 2015 in Spectrum pricing and packaging box placement in Q4 2016. For the full-year 2016, our capital expenditures totaled $7.5 billion or $7.1 billion when excluding transition spending.”

Hal Singer, a principal at Economists, Inc., noted Rutledge’s new $25 billion spending commitment could represent a net decrease in spending. That’s because “New Charter” would have spent $28.4 billion over the next four years if it kept combined spending in line with the figures the three companies independently reported in 2015 and 2016.

Rutledge

Charter officials told Ars Technica the spending commitment announced Friday was “specific to broadband infrastructure and technology investment” and claimed it was different from the total capital expenditure figure. Charter claimed spending related to infrastructure and technology was $5.3 billion in annual spending over the last three years, but Charter declined to provide numbers for 2016. It also wouldn’t provide a breakdown adequate to determine if Rutledge’s commitment would result in a spending increase or decrease.

CFO Winfrey told investors in February that a “bigger portion of CapEx” spending in 2017 won’t be for broadband enhancements and expansion, as Mr. Rutledge seemed to tell President Trump. Instead, Charter will spend the money on set-top boxes, cable modems, and network gateways Charter will place in customer homes as a result of an ongoing digital transition, expected to last until 2020.

“When we do an install under Spectrum pricing and packaging, there’s a higher number of devices that we’re placing in the home because of our two-way set-top box strategy as well as our strategy not to charge for modem rental and to have reasonable router fees, which means that you’re going to put more capital into the home on an average transaction and we expect to have [more transactions as a result of increased sales],” Winfrey told investors last month.

Rutledge himself told investors on February’s investor conference call that predicting Charter’s CapEx spending in the future represented an “artificial target.”

“On CapEx, we are not providing CapEx guidance just because we approved a budget internally, which is what we want to operationally deploy this year,” Rutledge explained. “It could be less than that just because of what practically can be done or could be in a position to accelerate. But from our perspective, it doesn’t make sense to release such an artificial target and have the tail try to wag the dog for what’s ultimately right.”

Rutledge agreed with Winfrey’s assessment about what Charter’s spending priorities will be this year: installing more cable boxes and converting customers to all-digital television service. In all, there will be no significant boost in CapEx spending.

“If you think back to what I said, in 2017 we will be spending more on Spectrum pricing and packaging through that higher [cable equipment] placement or connect,” Rutledge said. “We will restart all-digital. We will be insourcing. But offsetting some of that increase will be the benefit of synergies. So without giving specific guidance, 2017 is probably a bit higher in terms of absolute dollars than what we were performing in 2016, but it shouldn’t be a dramatic change in terms of capital intensity or CapEx as a percentage of revenue.”

As for Trump claiming credit for Charter’s commitment to hire 20,000 additional employees, that has been part of Charter’s list of claimed “deal benefits” to win approval of its acquisition of Time Warner Cable and Bright House Networks for at least a year before the election, as Fortune reminds us:

The 20,000 jobs, at least, have been in the works for more than a year. Charter CEO Tom Rutledge said in 2015 that Charter would need to bring on 20,000 additional workers if the company’s merger with Time Warner Cable and acquisition of Bright House Networks went through. A Charter spokesman reiterated the claim in April 2016. The FCC approved the deal last May, and Charter CEO Tom Rutledge said in January that the company had plans to hire 20,000 new employees within three years.