[flv]http://www.phillipdampier.com/video/WZZM Grand Rapids Over 50 seniors displaced by fire at Battle Creek apartment complex 6-20-14.flv[/flv]

WZZM in Grand Rapids covers the fire in an independent living complex that left at least 50 seniors homeless and facing big bills from Comcast. (1:53)

At least 50 seniors residing in an independent living complex in Battle Creek, Mich., were burned out of their apartments after a devastating fire in late June. Some of the fixed income seniors lost everything they owned.

Despite the understanding and patience of credit card companies, banks, insurance companies, AT&T, and the local power utility — all willing to wait for payments or waive billing for those affected, one company stood out for its plan to collect damages from the fire victims: Comcast.

The Area Agency on Aging, working to help the victims, reached out to local Battle Creek media to report Comcast’s local agents were aggressively seeking compensation from the displaced seniors after learning about the fire.

“They want $120 for each cable box, despite the fact these seniors just lost their homes and many are low-income,” Carla Fales, CEO of the agency told WWMT-TV.

Comcast’s response: “Everything destroyed must be paid for.”

As is often the case, once Comcast’s disagreeable behavior becomes a headline on the 6 o’clock local news, public relations damage control begins.

When WWMT called Comcast’s corporate offices, the cable company assured the newsroom Comcast would probably waive the fees, but provided no guarantees.

“I can assure everyone there is a process in place; we are working individually with customers to help them in this difficult time,” offered a Comcast spokesperson.

Monday night, Battle Creek Mayor Dave Walters told WWMT that fire victims will not be held responsible for the cost of the lost equipment.

But some may be mired in paperwork to avoid the lost/damaged equipment fees.

Affected residents who were insured at the time of the fire still have to reimburse Comcast through a damage claim filed with their insurance company. Those uninsured will be asked to submit a fire report which must be requested from the local fire department. In some cases, customers may also asked to offer a notarized statement indicating they were not insured to avoid the $120 charge.

But before any of that happens, Comcast also traditionally requires customers to pay any past due balances on their account before equipment credits can be provided.

Comcast’s zeal for charging penalties for lost or damaged equipment is not limited to Michigan.

In January, a Tennessee woman’s home went up in flames and was quickly declared a total loss. The only company to give the family a hard time was Comcast, who billed them $550 for four used cable boxes and a rented cable modem melted in the fire.

“I thought, ‘What are they trying to do to me?'” Emma Hilton said. “I’ve done went through a fire. I tried to salvage what I can.”

Hilton was unsure what exactly Comcast expected the fire department to do about the cable company’s equipment.

“(Firefighters) couldn’t get the TV’s. They were burning,” she told WJHL-TV.

Despite the fact her landlord leveled the rest of the uninhabitable home, Comcast still wanted to get paid if she could not recover the equipment from the ashes.

“You mean they’re actually going to charge me for those cable boxes and after I told you I had a fire?'” Hilton said of one of her phone conversations with the cable provider.

Comcast told her to read the contract, which leaves responsibility for the cable equipment entirely up to the customer. Comcast includes a strong recommendation to keep up a renter’s or homeowner’s insurance policy. Now customers know why.

In the past six years of covering these stories, Stop the Cap! has found many renters who simply don’t bother with renter’s insurance, mistakenly assuming the landlord’s own insurance policy covers their damages. But it does not. A renter’s insurance policy typically costs about $100 a year and covers the renter’s personal belongings (and cable boxes). Some policies also cover displaced living expenses — food, a hotel room, etc. They also cover liability in the event a guest is injured inside your rental property. Some cable companies demand up to $500 for each lost or damaged piece of equipment — an unnecessary point of stress and expense right after a major negative event. Get insurance. It’s a bargain.

[flv]http://www.phillipdampier.com/video/WWMT Grand Rapids Seniors Asked to Pay Comcast for Damaged Boxes 6-20-14.flv[/flv]

WWMT in Grand Rapids covers Comcast’s initial resistance to giving seniors a break on fire-damaged cable equipment after their senior living complex was heavily damaged in a fire. (1:38)

Cruz Control

A group of Republican senators are warning the chairman of the Federal Communications Commission he’d better not touch statewide bans on community broadband networks.

In a letter sent to FCC Chairman Tom Wheeler, Republican Sens. Deb Fisher, Ron Johnson, Ted Cruz, Mike Enzi, John Barrasso, Pat Roberts, Lamar Alexander, John Cornyn, Tom Coburn, Tim Scott and Marco Rubio slammed Wheeler for his willingness to override or ignore state laws co-written by cable and telephone companies that banish municipal broadband from providing any competition.

“The insinuation that the Federal Communications Commission will force taxpayer-funded competition against private broadband providers — against the wishes of the states — is deeply troubling,” said the senators. “Inserting the commission into states’ economic and fiscal affairs in such a cavalier fashion shows a lack of respect for states’ rights,” they said.

Comcast, AT&T, Verizon, Time Warner Cable, and other operators are among the campaign contributors of the nine senators.

Echoing the sentiment of the cable and phone companies, the Republicans called community owned broadband “an unnecessary and risky government liability” and warned Wheeler there would be consequences if he was serious about ignoring the state laws, many enacted with the assistance of the American Legislative Exchange Council (ALEC).

“State political leaders are accountable to the voters who elect them, and the Commission would be well-advised to respect state sovereignty,” said the senators. “We look forward to your timely response, and we hope you will think critically about the Commission’s role and how it can more appropriately interact with our state authorities.”

Community broadband has largely been the only wired competitor facing off against cable and phone companies. Consumers have a much bigger chance of seeing a municipal provider in their community than Google Fiber or another overbuilder.

“Those are nine senators that moonlight for Comcast and AT&T I won’t be voting for,” says Stop the Cap! reader Tom Resden who shared the story. “Municipal broadband balances a playing field that has favored big cable and phone companies for years. These are the same type of senators that 100 years ago would have opposed municipal power and co-ops, willing to leave people in the dark rather than allow a player that answers only to customers get traction. It’s not a state rights issue when the corporations wrote the legislation their well-funded lackeys in statehouses around the country helped hurry into law. What we are really talking about is the corporate right to suppress competition.”

Most of the same telecom companies that want to create Internet paid fast lanes, drag their feet on delivering 21st century broadband speeds, refuse t0 wire rural areas for broadband without government compensation, and have cut investment in broadband expansion are warning that any attempt by the FCC to enact strong Net Neutrality policies will “threaten new investment in broadband infrastructure and jeopardize the spread of broadband technology across America, holding back Internet speeds and ultimately deepening the digital divide.”

Twenty-eight CEOs of some of the same cable and phone companies that have fueled the fight for Net Neutrality protections by their actions signed a letter published on the website of the industry-funded astroturf group Broadband for America.

“An open Internet is central to how America’s broadband providers operate their networks, and the undersigned broadband providers remain fully committed to openness going forward,” says the letter. “We are equally committed to working with the Commission to find a sustainable path to a lawful regulatory framework for protecting the open Internet during the course of the rulemaking you are launching this week.”

Ironically, some of the same companies signing the letter earlier successfully sued the Federal Communications Commission to overturn Net Neutrality policies the agency attempted to enact under a lighter regulatory framework.

The industry now fears the FCC will reclassify broadband as a “telecommunications service,” which makes the service subject to oversight far less likely to successfully be overturned in the courts.

That has caused a panic in the boardrooms of some of America’s largest phone and cable companies.

“In recent days, we have witnessed a concerted publicity campaign by some advocacy groups seeking sweeping government regulation that conflates the need for an open Internet with the purported need to reclassify broadband Internet access services as Title II telecommunications services subject to common carrier regulation,” the letter says.

The companies warn that any attempt to rein in the largely unregulated broadband industry would be a major disaster for the U.S. economy and further broadband expansion:

Broadband investment is falling even without Net Neutrality.

Not only is it questionable that the Commission could defensibly reclassify broadband service under Title II, but also such an action would greatly distort the future development of, and investment in, tomorrow’s broadband networks and services. America’s economic future, as envisioned by President Obama and congressional leaders on both sides of the aisle, critically depends on continued investment and innovation in our broadband infrastructure and app economy to drive improvements in health care, education and energy. Under Title II, new service offerings, options, and features would be delayed or altogether foregone. Consumers would face less choice, and a less adaptive and responsive Internet. An era of differentiation, innovation, and experimentation would be replaced with a series of ―Government may I? requests from American entrepreneurs. That cannot be, and must not become, the U.S. Internet of tomorrow.

Net Neutrality advocates point out that even without Net Neutrality, broadband investment has fallen in the United States for several years, a point conceded by some cable operators.

In 2010, Suddenlink CEO Jerry Kent explained cable companies are now taking profits now that they don’t have to spend as much on upgrades.

“I think one of the things people don’t realize [relates to] the question of capital intensity and having to keep spending to keep up with capacity,” Kent said. “Those days are basically over, and you are seeing significant free cash flow generated from the cable operators as our capital expenditures continue to come down.”

“We should seek out a path forward together,” suggests the CEOs. “All affected stakeholders need and want certainty and an end to a decade of legal and political wrangling.”

It may prove difficult for observers to take the CEOs seriously considering the litigation record on broadband oversight and regulation. The largest cable and phone companies have repeatedly sued to overturn policies that do not meet with their full approval, something likely to happen again if these giant providers don’t get exactly what they want.

Comcast customers in Philadelphia are organizing to stop the cable company from winning a 15-year franchise renewal to continue providing service in the city unless the cable operator changes its ways after years of rate increases and poor customer service.

CAP Comcast! argues Comcast is not paying its fair share and is not a good corporate citizen in the city.

“Comcast has outsized power in a Philadelphia still suffering under economic crisis,” says the group. While the company charges some of the highest cable rates in the country, it has successfully earned $64 billion in revenue and an extremely low corporate tax bill.

“During the last franchise negotiation, Philadelphia elected officials and appointed leaders secured important resources for our city, including funds for public access television, and about $17 million a year for Philadelphia’s general fund,” said Bryan Mercer, co-executive director at Media Mobilizing Project. “But since that time, Philadelphia has shuttered over 20 schools and slashed services that our communities need.  Comcast pays less than 4% in corporate tax revenue, in a state where the average is almost 10%. And they’re getting $40 million in subsidies for their new planned building. If Comcast wants a chance to profit from our communities, Philadelphia should ensure Comcast pays their fair share, or invite other communications companies to serve our city.”

Among the group’s key arguments:

CAP Comcast! is asking for a five-year rate freeze for Comcast services while increasing broadband speeds and access to all Philadelphians. It also seeks fair treatment for Public, Educational, and Government access channels, expanded affordable Internet access without pre-conditions, involvement in solving local community problems, support of worker rights, and an end to passing along the cost of the franchise fee to customers.

The group has a petition on its website.

[flv]http://www.phillipdampier.com/video/Comcast Tell Comcast to Pay Its Fair Share 5-2014.mp4[/flv]

CAP Comcast! produced this video introducing its campaign to prevent another 15 year franchise for Comcast in Philadelphia unless the company changes its ways. (2:51)

Small cable systems across the country and on overseas military bases are being granted hourly reprieves that are keeping up to 24 Viacom-owned cable channels on the air after negotiations to extend an agreement with their program buyer stalled.

Cable operators belonging to the National Cable TV Cooperative, which represents independent cable systems on cable programming matters, report Viacom is demanding an unprecedented 100 percent rate increase for its networks and a guaranteed rate hike of 10% annually on each of its channels.

Viacom’s demands would cost each subscriber at least $4 a month, noted Jack Capparell, general manager of Service Electric’s cable system in the Lehigh Valley of Pennsylvania. Service Electric is a private, family owned cable business with 250,000 subscribers in central and northeastern Pennsylvania and northwestern New Jersey.

The impasse also affects cable systems serving American military bases. Americable has notified subscribers in Yokosuka, Atsugi, Iwakuni, and Sasebo, Japan Viacom was likely to cut off 10 of its cable channels to military families sometime today. Allied Telesis, which offers service to Air Force bases in Japan is also expected to lose programming.

NCTC members complain Viacom requires cable systems to carry nearly all of its lineup, including lesser-known channels few customers have even heard of, much less want. Even if a cable system chooses not to air a Viacom channel, Viacom’s contracts require cable providers to pay for them if they want to carry Viacom’s most popular networks.

Some cable systems are breaking away from NCTC’s negotiations and opening one on one talks with Viacom. Metrocast secured an agreement for its customers earlier today by negotiating directly with Viacom.

For most affected cable operators, there is a ‘wait and see what happens’ approach. Others, including Cable ONE, have already moved to replace the Viacom networks with other channels.

“Viacom asked for a rate increase greater than 100%, despite the fact that viewing is down on 12 of their 15 networks – some by more than 30% since 2010,” said Cable ONE. “We asked Viacom to either reduce their rates or allow us to drop some of their less popular networks to reduce the total cost. They refused these reasonable requests.”

Earlier today, Cable ONE didn’t wait for Viacom to pull the plug. They pulled it themselves.

“Cable ONE has let these networks go and expects to add many top-rated networks you’ve requested and expand several other highly requested networks to our most popular level of service. Some of the new networks include BBC America, Sprout, Investigation Discovery, the Blaze, Hallmark Channel, National Geographic, TV One, Sundance, and more,” said the company, which expects to publish a full list of the new networks on Wednesday.

Viacom responded with a news release tailored for each affected provider:

We are offering Service Electric a double-digit discount off of our standard rate card. It is a better deal than HUNDREDS of other TV providers in the country have agreed to. We have been actively trying to get a deal done with Service Electric for months and they have refused to negotiate in any meaningful way. And now, on top of this, Service Electric is throwing out numbers which simply aren’t true. Our expiring deal with Service Electric is nearly five years old. In that time, we have been great partners and given Service Electric more channels, more on demand content and access to our content beyond the TV – at no additional cost. We don’t understand why Service Electric has chosen to negotiate in this manner. And now, as a result of their lack of interest in coming to a mutually beneficial agreement, you are at risk of losing 19 Viacom networks. We are serious about getting a deal done.

Virtually the entire state of Alaska is also affected.

“We’ve unified to fight for Alaskans and to work toward a fair, long-term agreement that keeps prices stable for our customers,” said Paul Landes, GCI senior vice president. “Viacom wants a rate increase that is 40 times that of the rate of inflation. Alaska pay TV providers, along with 700 small to mid-sized operators nationally, are saying ‘no’ to Viacom’s take all 26 channels or nothing demands.”

GCI is joined by Alaskan providers MTA and KPU in the dispute.

[flv]http://www.phillipdampier.com/video/Cable ONE Viacom Channels Removed New Channels Added 4-1-14.mp4[/flv]

Cable ONE released this video earlier today informing customers they were dropping Viacom networks. (1:00)