National Grid, the electric and gas company that owns the most utility poles of any company in upstate New York, banned Charter Communications workers from its poles for most of July after a third-party contractor working on behalf of Spectrum electrocuted himself and died.

The New York Public Service Commission went public with the utility company’s ban as part of last week’s 4-0 decision to cancel Time Warner Cable and Charter Communications’ Merger Order.

“The result of this tragic incident was the issuance of a statewide stop work order from National Grid, the largest pole owner in Charter’s territory,” the Commission wrote. “This prohibition remains in effect as Charter has persistently delayed in providing National Grid and the [PSC] responses to requested actions and information necessary to ensure safe and adequate service. As a result, Charter remains unable to install facilities anywhere in National Grid’s service territory. This incident remains under investigation as do wider safety issues associated with the company’s buildout.”

Syracuse’s Post-Standard newspaper reported the contractor, James R. Fogg, 39, of Fairfield, Maine worked for S.G. Communications, a contractor hired by Charter Communications to perform tasks it outsourced from its own technician and installer workforce.

Cattaraugus County, N.Y.

According to state police, on July 11 at about 4:36 p.m., Fogg was running Spectrum cable lines in Yorkshire, Cattaraugus County in southwestern New York when his truck’s extendable bucket or a tool Fogg was using made contact with National Grid’s electric lines, located at the highest point on the utility pole. Cable and telephone lines are placed lower on utility poles. Fogg was electrocuted by a high voltage line. Paramedics from Delevan Emergency Medical Services, equipped with the necessary skills and training, including knowledge from reputable sources such as Cprcertificationnow.com, performed CPR before transporting him to Bertrand Chaffee Hospital in Springville, where he later died of his injuries.

One day later, National Grid issued a statewide stop-work ban on Charter Communications and its contractors. The newspaper reports National Grid wanted the cable company to explain what happened, why it happened and how the company will prevent such an accident from happening again. The PSC claims for much of July Charter failed to offer National Grid a satisfactory explanation, which effectively left company technicians forbidden to climb National Grid-owned poles statewide for three weeks.

The utility lifted its ban on Tuesday, hours after the newspaper contacted National Grid and Charter about the incident.

Charter claims it is looking forward to resuming network build-out activities in National Grid areas, but National Grid warns if another incident similar to the one on July 12 occurs, it can reinstate the ban on the cable company.

Before Charter Communications is shown the door and exits New York (if Charter loses its anticipated legal action against the state), it should be required to issue refund checks to every subscriber in New York to make up for a series of broken promises.

State Assemblyman Anthony Brindisi (D-Utica) has sent a letter to Acting Attorney General Barbara Underwood and New York Public Service Commission Chairman John Rhodes demanding the cable company pay up before transitioning service to another provider.

Brindisi claims Charter’s Spectrum failed to provide promised internet upgrades, has not met its obligation to improve customer service, and is charging even higher rates than its predecessor, Time Warner Cable.

Brindisi is also concerned Charter’s required transition plan may well be redacted by the company. He wants the transition plan made public, with ample opportunity for New York residents to participate in a discussion about which cable company ultimately replaces Spectrum (again assuming the company loses its legal action).

Here is Brindisi’s letter:

Dear Ms. Underwood and Mr. Rhodes:

I am writing to you as a follow up to the order issued by the New York State Public Service Commission on July 27, 2018 to revoke the 2016 merger agreement between Charter Communications, Inc. doing business in New York as Spectrum, and Time Warner Cable, Inc.

This order is truly in the best interests of New York residents.  For two years, I have received  literally hundreds of emails, letters, and petition signatures from constituents who have endured frequent, often unexpected rate hikes, and who have watched flashy ads from Charter promising lightning-fast internet speeds, as they can barely pay bills or send emails through 1980’s-era infrastructure that has not been improved.

Brindisi

I am respectfully asking that you collaborate to work on a three-point plan that addresses concerns I continue to hear from Charter’s cable and internet customers, as well as from the employees who work for the company.  The following is my proposal for consideration by consumer and utility regulators:

Charter should provide reasonable compensation in the form of rebate checks to its customers who have received cable rate hikes significantly above the national average for cable rate increases, which was 5.8 percent from July, 2016 to July, 2017.

Customers with internet service from Charter who never received promised service upgrades should receive compensation in the form of rebate checks from the company.

Any company petitioning the PSC to pick up Charter’s internet, cable, and phone service should pledge to negotiate in good faith with unions representing workers, and should agree not to cut vitally needed pension and health care benefits for workers.

The rate increases Charter customers received shortly after Charter’s acquisition of Time-Warner’s system have been staggering.  One constituent in Utica was billed $91.92 for cable services in January, 2017—and in March, 2018, his bill was $129.26 for exactly the same service.  Another constituent from Rome told me that she paid $108 a month for cable, internet, and telephone service in May, 2016—about the time Charter took over for Time Warner.  By April, 2018, her bill was $200.  These are increases many times the national average, all under the guise of ‘expiring promotional packages’

These cable rate hikes are just as serious a problem for consumers as Charter’s failure to live up to its promises to upgrade its broadband.  Many of the consumers I have heard from are seniors on fixed incomes who depend on cable and internet for information and to communicate with family members.  They should be compensated for what clearly is blatant overcharging.

Thank you very much for all you are doing to protect New York consumers, and for your concern about this issue.  If you have any questions, please feel free to give me a call.

Sincerely,

Anthony Brindisi
Member of Assembly

(Thanks to Todd N., a regular Stop the Cap! reader, for sharing the story.)

Comcast has dropped sports network beIN Sports off the lineup after its contract with the cable company expired July 31.

Customers who tune to the channel will find a series of rotating on-screen messages explaining the network was switched off because the renewal price was too high:

Have you heard about a disagreement between beIn Sports and Comcast?

Every month Comcast has to pay networks to bring their programming to you. That’s right, we pay the network. Not the other way around.

Now beIN sports is asking for a major increase in fees for the channel you already have, which could have a big impact on your bill.

beIN Sports won’t allow Comcast to carry its channels until this is resolved.

beIN Media Group, a spinoff of Al Jazeera Media Network, owns the network and has already filed a complaint against Comcast for violation of the deal conditions imposed by the FCC after approving the merger of Comcast and NBCUniversal. The complaint alleges Comcast is giving preferential treatment to its own sports networks, a violation of program carriage rules. That complaint remains pending.

“We are deeply disappointed that despite our best efforts over the last year to resolve the situation, millions of Comcast XFINITY subscribers have lost access to the content they love. We are happy to extend existing terms while we continue to negotiate, but unfortunately Comcast would rather continue to charge the same while taking away valuable and loved content from customers,” said Antonio Briceño, beIN Sports’ deputy managing director for the U.S. and Canada. “The truth is, we face a disheartening trend of media consolidation, where the big get bigger and innovative brands like ours that serve diverse audiences get pushed-out. This is almost always to the detriment of consumers who end up paying the price. We hope it stops now.”

Addressing New York State PSC Actions

Sent to all employees in New York State.

On Friday, the New York State Public Service Commission accused Charter of failing to live up to our commitment to deploy broadband across the state. They have threatened a number of actions against us, including revoking our right to operate in New York State. I want you to know we take the comments seriously, but believe the New York Public Service Commission is wrong in multiple respects. We intend to defend our rights to the fullest extent of the law and will pursue all avenues for overturning and preventing implementation of the New York Public Service Commission order. There may be years of litigation before we prove that we have done what we said we would. If we can’t settle this in the meantime, it is important that we continue to live up to our obligations and to perform well.

Charter continues to grow in New York State and across our footprint, providing our customers with world-class products and services. Our day-to-day focus on excellence and craftsmanship remains the same. We are going to continue serving New Yorkers, bringing them faster speeds and in some communities, high-speed broadband for the very first time. Because of your hard work and dedication, Spectrum has extended the reach of our network to more than an additional 86,000 New York homes and businesses since our merger agreement with the PSC. We’ve raised our starting broadband speeds to 100 Mbps across the state (and to 200 Mbps in some markets), and are poised to launch Spectrum Internet Gig across our entire New York State footprint by the end of 2018, which is well ahead of schedule.

We are 11,000 employees working in New York and serve millions of customers in the state every day. Thank you for everything you do, day in and day out, that makes Charter such a great company. You can continue that good work with confidence that there is a Charter team handling the New York PSC matter.

For more information about how Charter is building out New York, please visit https://www.spectrum.com/ny

Tom Rutledge
Chairman and Chief Executive Officer

(Special thanks to Stop the Cap! reader Juanito who passed along a copy of this internal company memo.)

For residents of 10 Mississippi communities, an alternative broadband option is now available delivering up to 120/50 Mbps speed with no data caps or throttling for a flat $50 a month, taxes and fees included.

“C Spire 5G Internet” is as described, except it doesn’t use the official 5G standard and will require the installation of a “dinner plate”-sized antenna on one’s home to get the service.

C Spire is using an 802.11 variant with equipment developed by Mimosa and Siklu, leveraging C Spire’s existing 8,400 route miles of fiber infrastructure to extend service wirelessly to each customer without the cost of wiring a fiber optic cable to the home.

Siklu’s EtherHaul products work in conjunction with its point-to-point and point-to-multipoint radios that operate in the 60 and 70-80 GHz millimeter wave bands. Because of the vast amount of spectrum available on these uncongested frequencies, C Spire can provide connections up to 10 Gbps from each small cell site.

C Spire is using Siklu’s EH-600 mmWave backhaul equipment for its fixed wireless internet service in Mississippi.

Mimosa supplies short-range MicroPoP architectures and in limited tower deployments including Mimosa A5 and A5c access devices, Mimosa C5 client devices, and Mimosa N5-360 beamforming antennas.

“Our service is backhauled by Siklu’s carrier grade solutions enabling us to deliver high-speed internet access without the arbitrary data caps usually associated with LTE or satellite services,” said C Spire president Stephen Bye.  “With a flat rate of $50 a month, which includes taxes and fees, our customers can now easily get all of the content they want and need.”

C Spire said it is quickly working to introduce the service in “dozens” of markets in Mississippi, in addition to its earlier plans to offer fixed wireless to over 90,000 locations across its service area. The “5G” fixed wireless service being introduced in Mississippi is not the same as C Spire’s earlier fixed wireless initiative.

Customers report wireless speeds are within a reasonable range of what is advertised, but antenna placement can be critical to get the best speed. It isn’t known how many customers are currently sharing each small cell site, and C Spire has protected itself with a contract clause allowing it to begin data caps, usage based billing, or targeted suspensions for customers deemed to be consuming too much data if network congestion becomes a problem.

Mississippi is broadband-challenged because many of its rural locations are populated with some of the country’s poorest citizens. AT&T, the state’s largest phone company, has shown little interest expanding fiber into many of these areas, especially in northern Mississippi, and the state’s cable companies include Cable One, notorious for being expensive and data-capped. As a result, the state is ranked 49th out of 50 for broadband availability.

C Spire is a regional mobile provider — the sixth largest in the country — and directly provides its own cell service in Memphis, Tenn., Mississippi, Alabama, and the Florida Panhandle.

C Spire introduces 120 Mbps fixed wireless internet access for a flat $50 a month in Mississippi. No data caps or throttling. This company produced video introduces the service. (1:23)