The average Comcast broadband customer now consumes over 200 GB of online data per month, an increase of 34% over just one year ago, according to Dave Watson, president and CEO of Comcast Cable Communications.

The increased usage accelerated during the last quarter of 2018, Watson told investors on a quarterly conference call.

What remains unchanged is Comcast’s data cap, which remains fixed at 1 TB per month for many customers. To avoid overlimit penalty fees of $10 for each additional 50 GB block of data consumed (up to $200 per month), Comcast is still pitching its unlimited data option — insurance against Comcast’s own overlimit penalties, which costs a growing number of customers an extra $50 a month.

Watson knows data usage over Comcast’s network is about to grow exponentially, mostly thanks to streaming video.

“I think that we start with the central view that streaming is going to happen, video over the internet is more friend than foe. and we wish every bit was our bit,” Watson told investors this morning. “If people consume more bits and video clearly does that, and 4K video does even more than that, that is the sweet spot of where this company is going to grow.”

Translation: We intend to make a killing on usage growth. Comcast can market you a faster internet package at a higher price, or as your usage approaches the data cap, scare you into buying overlimit insurance.

Remember that Comcast drops usage caps for some customers willing to rent their latest network gateway (available only in some areas at this time).

Charter Communications and the New York Department of Public Service announced a tentative settlement Friday that would allow Spectrum to continue providing cable TV, phone, and internet service in New York in return for a renewed commitment from the cable company to meet its 145,000 new passings rural broadband buildout agreement, commit to an expansion of that rural buildout, and in lieu of fines, pay $12 million in funds deposited in two escrow accounts to be used to help defray the costs of further broadband service extensions apart from Charter’s original commitments.

“Today the New York Department of Public Service jointly filed a proposed agreement with Charter Communications to resolve disputes over the network expansion conditions imposed by the Public Service Commission,” said Department of Public Service CEO John B. Rhodes in a statement issued Friday. “This proposed agreement will now be issued for a 60-day public comment period and remains subject to review and final action by the Public Service Commission.”

The agreement reinforces the state’s desire that Charter’s broadband expansion commitment be met by expanding service to homes and businesses in areas unlikely to get cable service otherwise, namely areas in Upstate New York. The state originally objected when Charter tried to count new passings in the highly populated New York City area as part of its expansion commitment. The new agreement requires the 145,000 homes and businesses newly passed be entirely Upstate, and completed no later than Sept. 30, 2021.

Only 64,827 new passings have been recognized by both parties as “completed” as of December, 2018

The proposed settlement gives insight into just how badly Charter failed to meet its original broadband expansion commitments, noting “Charter shall be deemed successfully to have completed 64,827 passings qualifying towards the Total Passings requirements of the Settlement Agreement and the 2019 Settlement Order, as of December 16, 2018.”

Charter’s record of failure on its rural expansion commitment is stark.

The original 2016 Merger Order required Charter to expand service to:

• 36,250 premises by May 18, 2017
• 72,500 by May 18, 2018
• 108,750 by May 18, 2019
• 145,000 by May 18, 2020

Charter did not even come close. Department Interim CEO Gregg C. Sayre said in 2017 that as of May 18 of that year, Charter had only extended its network to pass 15,164 of the 36,250 premises it was required to pass in just the first year after the merger.

In June 2017, New York fined Charter and required a $13 million ($12 million refundable to Charter if it complied) deposit be placed in escrow in an effort to get the company to comply with its buildout commitments. But Charter also failed to meet its commitments under that settlement as well:

• 36,771 premises by Feb. 16, 2017
• 58,417 by June 18, 2018
• 80,063 by Dec. 16, 2018
• 101,708 by May 18, 2019
• 123,354 by Nov. 16, 2019
• 145,000 by May 18, 2020

With just shy of 65,000 premises recognized as completed as of December, 2018 — almost three years after the merger — Charter was 15,236 premises short, based on the December 16, 2018 deadline. Within a few weeks from today, the company should have completed its 101,708th new passing. That seems extremely unlikely to actually happen.

Charter itself claimed in July, 2018, “Spectrum has extended the reach of our advanced broadband network to more than 86,000 New York homes and businesses since our merger agreement with the PSC.” That number is also suspect.

The company did not say if the expansion numbers it reported met the terms of the 2016 Merger Order, but Charter obviously thought those should be counted as legitimate new passings for the purpose of meeting its merger obligations. New York regulators clearly thought many of those expansions did not, and were infuriated when Charter began airing advertisements promoting its rural expansion in New York with what the state believed to be inflated numbers.

The Settlement

A review of the proposed legal settlement shows the Commission accepted many of the recommendations made by Stop the Cap! regarding the terms of any deal that would rescind last summer’s order revoking approval for the merger of Time Warner Cable and Charter Communications in New York State. We recommended the settlement focus on requiring an even greater expansion of rural broadband than originally envisioned, particularly in areas the state designated for HughesNet satellite internet access. We also recommended that any monetary fines be directed to further expansion of rural broadband, instead of being sent on to Albany to be added to the state’s general fund.

We noted that although Charter flagrantly violated the terms of the 2016 Merger Order, successfully removing the company from New York would likely result in years of litigation, and the likely entry of Comcast, which in our view is anti-consumer, and a much worse choice in terms of pricing and the quality of customer service. Comcast also imposes data caps in many of its service areas, a concept which Stop the Cap! obviously fiercely opposes. In our view, given a choice between Charter and Comcast, which would be the highly likely outcome, New York consumers would benefit (slightly) by keeping Spectrum service.

The terms

Reach 145,000 unserved/underserved New Yorkers with at least 100 Mbps internet access

• Charter is recommitted to expand rural internet service to 145,000 New Yorkers qualified as unserved (download speeds less than 25 Mbps available) or underserved (download speeds of 25-99.9 Mbps) entirely within Upstate New York.

Schoharie, NY

To ensure Charter does not simply choose “low-hanging fruit” to wire, such as new housing starts or urban business parks, the agreement limits Charter expansions to no more than 9,500 addresses in the urban and suburban areas adjacent to Albany, Buffalo, Mt. Vernon, Rochester, Schenectady, and Syracuse.

Additionally, Charter is restricted from expanding service to no more than 9,400 addresses that are scheduled to get (or already have) access to another wired provider because of a grant from the New NY Broadband Program.

But Charter is allowed to expand service to reach not more than 30,000 customers stuck on New York’s list of addresses designated to get HughesNet satellite internet. Stop the Cap! strongly recommended the Commission do all it can to require or encourage Charter to reach as many satellite-designated New Yorkers as economically feasible. The proposed agreement takes our recommendation into account, but we will urge the Commission to strike the 30,000 cap and allow Charter to reach as many of these disadvantaged customers as possible, and have it count towards their broadband expansion commitment. Those addresses designated to receive satellite service are the least likely to be reached by any commercial provider because of the costs to reach them, and they are too scattered across the state to make a public broadband alternative feasible.

Charter gets to include some ‘already-in-progress new passings’ towards its 145,000 new passings commitment: 5,993 passings located within Upstate Cities Charter would likely have serviced anyway; 4,388 wired overlap passings (where an existing telco or cable provider already offers service), and 9,397 addresses where wireless or satellite service was the only option.

A new “milestones” schedule is included for new buildouts, which partly explains why so many rural New Yorkers expecting to receive service by now are complaining about delays:

• 76,521 new premises by Sept. 30, 2019
• 87,934 by Jan. 31, 2020
• 99,347 by May 31, 2020
• 110,760 by Sept. 30, 2020
• 122,173 by Jan. 31, 2021
• 133,586 by May 31, 2021
• 145,000 by Sept. 30, 2021

If Charter again fails to stay on schedule, it must pay $2,800 for each designated-as-missed passing address into an escrow fund. If it chooses not to appeal that decision, or loses an appeal, those funds will be added to an Incremental Build Commitment fund described below.

Rural Broadband Expansion Fund #1 ($6 million) — Incremental Build Commitment

The first rural broadband expansion fund will contain $6 million dollars that Charter will pay into escrow and will be dedicated to defray Charter’s costs of constructing additional broadband passings above and beyond the 145,000 noted above. Charter itself or the state can designate the unserved addresses either want serviced, and Charter will be permitted to withdraw funds to pay for materials, construction, labor, licensing, and any permits required for these incremental expansion efforts. This money will be reserved for Charter to use for its own projects.

Rural Broadband Expansion Fund #2 ($6 million) — Incremental Broadband Fund

Although New York Gov. Andrew Cuomo promised broadband service for any New Yorker that wants it, his New NY Broadband Program left more than 80,000 New York homes and businesses behind because the program relied on private companies to bid to serve each unserved/underserved New York address. In especially rural areas, no company ultimately bid to reach those addresses because the subsidy funding offered by the state was too little to make the expansion investment worthwhile. In the end, those addresses were designated to be served by HughesNet, a satellite internet service provider. But HughesNet cannot guarantee its internet speeds, has draconian usage caps, and is very expensive. Customer satisfaction scores are also generally poor. For most, a wired internet solution is far preferable. To get one, New York would need to launch a new round of broadband funding, with a more generous subsidy to make construction costs to reach those unserved customers financially worthwhile.

The second $6 million rural expansion fund is more or less exactly that — an additional source of funds to try to reach those missed by earlier funding rounds. Most of the money in this fund would be awarded after a bidding process starting on or after Sept. 30, 2021. Any provider capable of offering customers at least 100 Mbps service will be qualified to participate in the first round of bidding to receive a portion of this money. The areas under consideration would be in existing Charter franchise areas or outside of a Charter-franchised area if both Charter and New York’s Broadband Program Office (BPO) agree. In most cases, for reasons of simplicity, we expect most this money will end up financing expansion projects just outside of Charter’s existing service area. So if you happened to live within a mile or two of an existing Charter customer, this money could be used by Charter to extend its network in your direction. Charter also enjoys the right of first refusal, an important advantage for the cable company. Charter could agree to service a designated address before it becomes open to a competitive bidding process.

The terms are generous to providers, who only have to agree to pay 20% of their own money to submit a cost-sharing bid. The fund would cover the remaining 80%, which would be particularly useful where the cost to extend a fiber connection to a rural neighborhood or development would run into the tens of thousands of dollars. The downside is that $6 million will not go very far in these high cost areas, where a single project could easily exhaust $50,000-100,000 just to reach a handful of homes and businesses. Assuming there are any funds left, the BPO will entertain bids in later rounds from wireless providers delivering at least 25 Mbps service, assuming no wired provider submits a bid. But it is just as likely the funds will be long gone before that happens. The state needs to choose the wording of its terms carefully. Charter could easily apply for funds to buildout new housing tracts or large development projects and business parks the company would have reached anyway. We recommend restricting these funds exclusively to projects that would otherwise fail a bidder’s own Return On Investment formula.

Stop the Cap! intends to be a participant in the comment round and we will share with readers our formal comments as they are submitted.

Cable ONE today announced it has acquired family owned cable operator Fidelity Communications, in a $525.9 million cash deal.

Fidelity serves 134,000 residential and business customers in smaller communities in Arkansas, Louisiana, Missouri, Oklahoma, and Texas. Cable ONE showed interest in Fidelity because many of its small cable systems are not too far away from existing Cable ONE systems that also target smaller communities.

Fidelity systems typically sell broadband at speeds of 50 Mbps ($64.99) and 100 Mbps ($89.99).

Fidelity does not usage cap its customers, Cable ONE does.

Cable ONE has also been criticized for charging the highest price residential broadband service in the country.

Fidelity currently serves customers in:

Arkansas
Alexander
Bauxite
Beebe
Benton
Bryant
Cherokee Village
Hardy
Haskell
Hensley
Highland
Little Rock
Mabelvale
Mammoth Springs
Maumelle
North Little Rock
Pulaski
Shannon Hills

Louisiana
Erwinville
Glynn
Jarreau
Lakeland
Morganza
New Roads
Oscar
Rougon
Ventress

Missouri
Adrian
Buffalo
El Dorado Springs
Gerald
Harrisonville
Lebanon
Nevada
New Haven
Owensville
Rolla
Salem
Sullivan
Thayer
West Plains

Oklahoma
Lawton

Texas
Atlanta
Carthage
Hallsville
Jefferson
Marshall
Queen City

Verizon, the country’s leading provider of millimeter wave 5G wireless broadband, is promising to expand service nationwide, but admits it will only service urban areas where the economics of small cell/fiber network infrastructure makes economic sense.

At the Mobile World Congress conference in Barcelona, Spain, Verizon’s vice president of technology planning told PC that when it launches its mobile 5G network later this spring, home wireless internet service will come along for the ride.

“It is one network, based on 5G, supporting multiple use cases,” Verizon’s Adam Koeppe said. “Enterprise, small/medium business, consumer, mobility, fixed. When the 5G network is built, you have a fixed and mobile play that’s basically native to the deployment you’re doing.”

That means Verizon’s millimeter wave 5G network is designed to be shared by everyone and everything, including businesses, residential customers, cell phone users on the go, Internet of Things applications like smart meters and intelligent traffic systems, and more. But that network will not be everywhere Verizon or Verizon Wireless currently provides service.

“Our deployments of millimeter wave are focused on urban centers. It’s where the people are, where the consumption is,” Koeppe said.

Verizon faces significant costs building out its 5G wireless network in areas where it does not already offer FiOS fiber to the home service. Verizon’s 5G network is dependent on a fiber optic-fed network of small cells placed on top of utility and light poles at least every few city blocks. That means Verizon is most likely to get a reasonable return on its investment placing its 5G network in urban downtown areas and high wireless traffic suburban zones, such as around event venues, large shopping centers and entertainment districts. The company has chosen to deploy 5G in some residential areas, but only within large city limits. So far, it has generally steered clear of residential suburbs in favor of older gentrified city neighborhoods with plenty of closely-spaced multi-dwelling apartments, condos, and homes, as well as in urban centers with converted lofts or apartments.

Koeppe

Rural areas are definitely off Verizon’s list because the millimeter waves Verizon prefers to use do not travel very far, making it very expensive to deploy the technology to serve a relatively small number of customers.

Other carriers are not committing to large scale 5G deployments either.

At a debate held earlier today at Georgetown Law’s Institute for Technology Law & Policy, former FCC commissioner Mignon Clyburn, now a paid lobbyist for T-Mobile, warned that unless T-Mobile was allowed to merge with Sprint, its deployment of 5G will only happen in “very limited areas.”

Sprint has plans to introduce its own flavor of 5G, which won’t use millimeter wave frequencies, by June in nine U.S. cities. T-Mobile has talked about deploying 5G on existing large cell towers, which means one tower will serve many more customers than Verizon’s small cells. But with more customers sharing that bandwidth, the effective speed customers will see is likely to be only incrementally better than T-Mobile’s existing 4G LTE network. AT&T is initially moving in the same direction as T-Mobile, meaning many customers will be sharing the same bandwidth. That may explain why AT&T’s current 5G hotspot service plan also comes with a 15 GB data cap.

Verizon says its millimeter wave network will, by geography and design, limit the number of people sharing each small cell, making data caps unnecessary for its 5G fixed wireless home broadband replacement, which delivers download speeds of around 300 Mbps on average.

“We engineer the network to give the customer what they need when they need it, and the results speak for themselves,” Koeppe said.

Verizon is already selling its 5G service in limited areas for $50 a month to Verizon Wireless customers, $70 a month for non-customers. There are no data caps or speed throttles.

Based on the plans of all four major U.S. carriers, consumers should only expect scattered rollouts of 5G this year, and only in certain neighborhoods at first. It will take several years to build out the different iterations of 5G technology, with millimeter wave taking the longest to expand because of infrastructure and potential permitting issues.

Comcast is giving some of its customers a way to get back unlimited data for their home broadband connection without having to spend an extra $50 for an unlimited data add-on.

The cable operator is offering customers in parts of its Central Division its xFi Advanced Gateway — a combination cable modem and router — that comes bundled with unlimited data, xFi Advanced Security, and a Home Wi-Fi Assessment for an extra $15 a month. That amounts to $4 a month more than the cost of renting Comcast’s traditional xFi Gateway buys and also buys you a return ticket to unlimited internet service.

Comcast has also offered some new customers unlimited service in time-limited promotions, but this seems to be permanent, assuming Comcast offers it in your area.

The xFi Advanced Gateway with unlimited data appears to have quietly launched last fall, but so far it has not expanded to Comcast service areas outside of its Central U.S. division, which includes (Heartland) Michigan, Indiana, Kentucky and Arkansas, (Big South) Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, Tennessee, and Virginia, plus the state of Florida and the greater Chicago area. Comcast says it has 17 states in its Central Division, but we could not find a definitive list that includes the three other states not listed here.

Interested customers will have to contact Comcast to determine if their area qualifies for this offer.

If you are a Comcast customer already paying an extra $50 a month for unlimited data, this could save you a considerable amount of money, assuming you live in a qualified area and don’t mind using their gateway.