Pai

Republican FCC Commissioners Ajit Pai and Michael O’Rielly are in a hurry to start the merger review clock on Charter Communications’ acquisition of Time Warner Cable while the agency contemplates how to handle access to submitted documents the two companies insist should be confidential.

“We are deeply dismayed that the FCC’s leadership seems unwilling to begin the formal review of the Charter Communications/Time Warner Cable/Bright House Networks transaction until Commissioners agree to change the FCC’s procedures for protecting confidential information,” the commissioners said. “We don’t plan to allow this maneuver to deter us from giving careful scrutiny to the important item in front of us, which if adopted, would apply not only to future transactions but all Commission proceedings. Among other things, we believe that the better course would be for the Commission to seek public input on these proposed procedures before moving ahead.”

The FCC has a responsibility to review merger proposals to decide if they are in “the public interest, convenience, and necessity.”

O’Rielly

Part of that process is reviewing proprietary information sent by the applicants, usually with the understanding the information will be kept confidential or released to the public only in redacted form. Competitors can only get a limited view of the documents the FCC reviews in making its decision about a merger, but some have successfully requested limited access to unredacted documents, including contracts the companies have with third-party programmers.

The fact those documents might be shared with competitors like Dish Networks was not acceptable to CBS, Disney, 21st Century Fox, Scripps Networks, Time Warner Inc., and Univision, all fearing competitors would learn confidential pricing information and use it to their advantage during the next round of contract renewal negotiations. Those media companies sued the FCC in the D.C. Court of Appeals and largely won their case.

Now the FCC has to craft new rules to decide what information they can share with competitors and the public. That process has slowed the start of the 180 day clock the FCC uses to review merger deals, and the two minority Republicans serving as commissioners on the FCC are annoyed.

“The agency has access to the relevant documents at issue in this matter and can continue to evaluate the proposed merger….” So let’s start the ‘aspirational’ merger review shot clock and get on with the process,” said Pai and O’Rielly.

Time Warner Cable will continue to offer customers unlimited data plans and further expand its Maxx upgrade program until it reaches the company’s entire service area or the merger with Charter Communications is approved by regulators.

CEO Robert Marcus told investors on a morning conference call the company has been “completely committed to delivering an unlimited broadband offering in connection with whatever else we do, because we know customers do place a value on the peace of mind that comes with unlimited plans.”

Marcus continued to admit his company’s experiments with voluntary usage pricing have largely failed, noting the “vast majority” of customers choose unlimited plans, and Time Warner “never had any intention of substituting the availability of unlimited with exclusively usage-based programs.”

The original goal for Time Warner’s voluntary usage pricing options “was to offer customers who use less bandwidth, who maybe just do e-mail, an opportunity to pay less and have an Internet offering that better meets their demands for both usage and price.”

Time Warner Cable goes out of its way to advertise “No Data Caps.”

Most broadband customers do not want usage-based billing or usage-capped Internet, but some providers force such usage plans on customers anyway.

“Different providers have had different philosophies on these things,” Marcus offered.

Marcus reported TWC Maxx deployment in Austin is finished, and the company is working on completing upgrades in Dallas, San Antonio, Raleigh, Charlotte, Kansas City and Hawaii by year-end. The latest markets to be upgraded — San Diego, Wilmington and Greensboro, N.C., will start this year, but speed increases will not begin until next year. The upgrades are improving customer satisfaction with a 35% drop in voluntary disconnects in Maxx service areas, but will cost an estimated $4.45 billion in spending this year by the country’s second largest cable operator.

Time Warner Cable Maxx has been very successful at bringing new customers to Time Warner, attracted by improved broadband speeds and better service, Marcus told investors. Maxx customers see broadband speed upgrades that dramatically boost speeds at no additional cost. Standard Internet speeds in non-Maxx markets are 15Mbps. In Maxx areas, customers receive 50Mbps. Customers signed up for 50Mbps “Ultimate” Internet in Maxx markets see that speed raised to 300Mbps.

Large sections of Time Warner Cable territory have yet to be upgraded, however. Marcus today said he plans to continue the Maxx upgrade effort as the Charter merger proceeds through a lengthy regulatory review process. If the merger is delayed or unsuccessful, Time Warner likely will announce additional cities targeted for upgrades in 2016, but customers should not expect speed changes until later that year or 2017. If the Charter merger is approved, areas bypassed for Maxx upgrades will likely get a more modest upgrade promised by Charter, with maximum broadband speeds of 100Mbps.

Marcus

Time Warner Cable spent the last quarter pushing lower priced promotions to attract new and returning customers. That, combined with higher programming costs, increased spending on network upgrades, and pension expenses cut into the cable company’s profits, which declined 7.2% in the last quarter.

Time Warner Cable added 66,000 residential customers overall, its best ever second quarter and its first rise in any quarter since 2008, according to Marcus. Time Warner added 172,000 new broadband customers and 252,000 voice subscribers, primarily from a promotion that allows any subscriber to add phone service to their package for $10 a month. But Time Warner is not immune to cord cutting, and lost 45,000 video customers in the second quarter.

The cable company may have stepped up promotions to be certain it can report good results as investors wait for the Charter Communications merger to win or lose regulator approval. A triple play promotion for new customers runs as low as $89 a month and despite touting an earlier philosophy the company did not see much value promoting cheap phone service, it has apparently reversed course, boosting triple play upgrades as a result of reduced pricing.

It is also continuing strong customer retention policies, a sign Time Warner Cable will continue to respond when customers threaten to cancel unless they get a better deal.

“Our whole view of retention hasn’t really changed since the middle part of 2014,” said William F. Osbourn, Jr., acting co-chief financial officer. “Our view is that we will always rather save the customer than lose the customer, but I think we’re pretty disciplined about not giving away the farm in doing that.”

Some other highlights:

• Programming costs rose 11%, a sure bet another rate increase will be forthcoming in the future;
• Marcus loves mergers: “The only thing I’d add to that is that from an industry structure perspective, in roughly a quarter of our footprint, the deal [between AT&T and DirecTV] results in two competitors becoming one. And, generally speaking, that’s a positive for all the players in the industry”;
• Time Warner Cable will continue to encourage customers to use their own set-top box devices (Roku, Apple TV, etc.) as an alternative to the traditional cable set-top box;
• Roughly 12% of customers now own their own cable modems to escape Time Warner’s rental fee;
• Despite the clamor for “skinny bundles” 82% of Time Warner Cable customers subscribed to the full video package;
• In Maxx areas, customers need set-top boxes on all of their connected televisions. Most are opting for the cheapest option, taking an average of two less-capable DTA boxes instead of more expensive set-tops. DVR subscriber numbers have remain largely unchanged after Maxx upgrades.

Comcast is rejecting some requests for its new 2Gbps fiber to the home service, claiming construction costs to provide the service to some homes are too high, even for customers living 0.15 of a mile from Comcast’s nearest fiber optic connection point.

Stop the Cap! reader Thomas, who wishes to withhold his last name, was excited at the prospect of signing up for Comcast’s 2Gbps broadband service for his home-based Internet business, despite the steep $1,000 installation fee and $159/mo promotional price he saw in the media.

“For the average person just looking for a faster connection at home, 2Gbps is absolute overkill, but if you run a home-based business that depends on a fast Internet connection, Comcast’s prices are a lot more reasonable than a Metro Ethernet or fiber solution from AT&T,” Thomas said.

Thomas is a Comcast customer in the Chicago area and knew he’d qualify for the service because he watched Comcast crews install/upgrade fiber cables close to his home. Comcast requires customers to live within one-third of a mile of the nearest company-owned fiber connection point to get 2Gbps service. Thomas lives far closer than that and Comcast’s online qualification tool also seemed to show the service would be available to him.

“I assumed it would be easy to order service, but it has not turned out that way at all,” Thomas complained.

Comcast’s regular customer service agents were hit or miss for Thomas. Some are acquainted with Comcast’s Gigabit Pro offering, many others are not. It took three calls for him to find a representative aware of the product, but even then the representative informed him someone would have to call him back to take his order. Two days later, he did receive a call from a Comcast regional office that explained the lengthy ordering and installation procedure. If everything worked as it should, it would take up to three months for Comcast to complete the fiber installation. But Thomas warned there were potential deal-breakers along the way.

Equipment Costs

Comcast will supply some, but not all, of the necessary equipment. A router provided by Comcast adds $19.99/mo to the price, and could be worthwhile to customers wanting to limit their out-of-pocket up front costs. But there are other equipment requirements to consider as well:

• Desktop PC with available PCIe expansion slot
• 1 10G PCIe network interface controller with SFP+ cage ($200-400)
• 1 10G enhanced small form factor pluggable SFP+ transceiver (850nm MMF) ($200-350)
• 1 MMF LC patch cable ($25-30)

To connect multiple devices to the fiber handoff, a compatible and very expensive 10Gbps Layer 3 switch or router is also required, which can run well into the thousands of dollars.

Pricing Gotchas

Installation is $500 and activation costs another $500. There is an early termination fee of $1,100 if you disconnect service before the end of your term contract. On a three-year contract, the amount of the fee is reduced by $100 every three months you keep the service. That $159 promotional price quoted in the press turned out to be another issue. Comcast informed him that offer is only good in the cities of Nashville (a future Google Fiber city also designated for GigaPower U-verse from AT&T) and Chattanooga, Tenn. (which already has gigabit service from EPB). It would cost him $299.95 a month, not $159.

Service Qualification Procedure

Comcast implies any customer within 1/3rd of a mile of their nearest fiber cable is qualified to get Gigabit Pro service, but Thomas tells us that just isn’t true.

“Comcast treats these installations the same way they would running cable into virgin territories like an unserved neighborhood or office park,” Thomas said. “Once you commit to an order, I am convinced they do a Return On Investment (ROI) and cost analysis to decide if it makes financial sense to actually bring fiber to you.”

It begins with an in-office map survey that reviews Comcast’s existing network and verifies a path from Comcast’s existing fiber network to the customer’s home. This process takes up to 14 days, according to Thomas, and makes certain the customer is within the qualified distance for service.

“But I can say it goes beyond this, because Comcast was also looking at proposed routes to get fiber to me, and the representative was concerned about whether Comcast’s cables in my area were on telephone poles or underground in conduit,” reported Thomas. “There was also an issue with a pedestal and I was informed a site survey was required to check whether existing infrastructure in my neighborhood could support the service.”

Comcast said a visit from a technician would be required — another two-week process, and about then he was told “there was indeed a problem with their existing pedestal and they also ran into a conduit issue,” Thomas said. “At that point, I was informed my order could not go ahead because Comcast would have to spend about $17,000 to correct these issues and cover my installation and that evidently failed their ROI and cost analysis.”

Had Thomas passed all the qualification tests, he would have waited up to 13 weeks (more than three months) from the time he ordered service before he could actually use it. Now, he will wait at least a year for Comcast’s suggested alternative — the arrival of DOCSIS 3.1, which is expected to support gigabit speeds over Comcast’s existing coax cable network.

“I honestly felt mislead by Comcast’s press releases that suggested service was just a matter of where you lived without telling customers they will deny service if it costs Comcast over a certain dollar amount, no matter how close you live to their existing fiber,” Thomas added. “Promoting a service and actually providing it are two very different things and it seems Comcast just isn’t providing it, at least to me.”

Have you explored Comcast Gigabit Pro? If so, share your experiences in the comment section. We’d love to hear from you if you actually have the service installed.

Newly independent Cable One will reduce its emphasis on cable television and turn its time, attention, and capital towards improving broadband service for its 690,000 largely rural customers in 19 states.

Cable One was spun off from Graham Holdings on July 1 and is not likely to stay independent for long before it is acquired by another cable operator, most likely Patrick Drahi’s Altice, S.A. — which recently acquired Suddenlink. But in the meantime, Cable One is attempting to persuade investors it is remaking itself into a broadband company, de-emphasizing the traditional cable television package in favor of dedicating more bandwidth for faster broadband speeds.

“Our standard broadband offering for our residential customers since 2011 has been a download speed of 50Mbps, which is at the high-end of the range of standard residential offerings even today in our markets,” the company reported in a statement. “Our enhanced broadband offering for our residential customers is currently a download speed of 75Mbps, which we expect to raise to 100Mbps by the end of 2015.”

Cable One primarily serves small cities and towns in the central and northwestern United States.

In several markets, 100Mbps speed is already available and regular pricing has been simplified to $1 per megabit of service: 50Mbps for $50, 75Mbps for $75, or 100Mbps for $100 a month.

To protect its broadband business model, which carries prices traditionally higher than larger operators, Cable One will stay focused on largely uncompetitive markets where it faces token DSL broadband competition from companies like Frontier Communications, CenturyLink, and Windstream. More than 75 percent of its customers are located in Mississippi, Idaho, Oklahoma, Texas and Arizona, many served by these three telephone companies.

Cable One signaled it will hold the line on cable programming costs as well. In April 2014, the company dropped 15 Viacom networks, including MTV, VH1, Comedy Central, Nickelodeon and others over contract renewal prices it claimed were too high. The cable TV package has continued without the Viacom networks for more than a year, resulting in the loss of more than 20% of its cable TV customers. More than 100,000 homes have dropped Cable One video service for another provider, but ironically that actually helped Cable One increase its cash flow by more than 11%, because it no longer has to pay programming fees on behalf of the lost customers.

On the bright side, Cable One executives discovered many of its former TV customers have stayed with Cable One for Internet service because the competition either does not offer broadband or generally provides DSL at speeds under 10Mbps. Company officials have emphasized this point to investors, suggesting broadband is a true money-maker and television can safely take second chair without sabotaging profits.

“We certainly have some sympathy for the notion that a broadband-only cable operator might be more profitable,” wrote analyst Craig Moffett in an investor note this month. “But there are some critical holes in the Cable One story. Does the company truly believe that all costs are variable such that cutting video will bring endless margin expansion? Are Cable One’s new shareholders really better off for having played hardball with Viacom?”

Moffett does not believe so because he is convinced Cable One’s independence will be short-lived.

“We all know the consensus opinion is that someone will buy Cable One,” Moffett wrote. “But the above questions still matter. Any potential acquirer would still place value on a video business, or pay less for the fact that Cable One has less of one.”

But as long as rural telephone companies barely compete for broadband customers, Cable One’s broadband performance will deliver them a de facto broadband monopoly in their largely rural service areas. That gives the cable company, or its next owner, plenty of room for rate hikes.

Montréal cable subscribers will soon be able to buy gigabit broadband speeds from Vidéotron after a successful pilot project demonstrated the cable company’s existing DOCSIS 3.0 network was up to the task.

“It is with great pride that we announce today that we have passed another milestone in the history of Videotron Internet service,” said Manon Brouillette, president and CEO of Vidéotron. “We have always been a trailblazer in this area. Over the past 10 years, we have introduced a series of high-speed Internet access services, each faster than the last, in order to meet consumers’ steadily expanding needs.”

Testing gigabit speeds began in a few Montréal homes and businesses earlier this year and the results have helped the cable operator optimize its network architecture and choose the correct cable modems to reliably support the service across its service area. Availability is expected sometime this year.

In 2016, Vidéotron will upgrade its network to DOCSIS 3.1 technology, which should support even faster speeds and require less network configuration to support the fastest Internet speeds.

Vidéotron has been aggressively pushing speed upgrades to its customers, largely in Québec. Fibre Hybrid 120 and Fibre Hybrid 200 Internet services are available to nearly 2.9 million households and businesses.