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Congressman Christopher Lee (R-NY) Skeptical of Government Involvement in Time Warner Usage Cap

Phillip Dampier April 16, 2009 Public Policy & Gov't 24 Comments
Rep. Chris Lee (R-NY)

Rep. Chris Lee (R-NY)

Rep. Christopher Lee (R-NY) signalled his concern over efforts to involve the federal government in the Time Warner usage cap experiment Wednesday.

Lee spoke at a press conference on an unrelated matter and answered questions about the Time Warner plan.  Lee said that he had received communications from constituents in his district, which stretches from Monroe county to the east into the outer suburbs of Buffalo.

The congressman feels that federal government involvement should only come as a last resort.  He told City Newspaper that he is aware of the broad concern over the proposal and said that public officials should make sure “consumers are protected and that they pay a fair rate.”

According to Rep. Lee, Time Warner has agreed to hold a public session on the plan, and that he hoped Time Warner would be able to “develop fair-rate plans.”

Lee’s position appears to be contrary to that of Rep. Eric Massa (D-NY) who is drafting legislation that would seek to impose an outright ban on broadband usage caps.

Lee’s office can be contacted by e-mail, but the congressman does not accept e-mail from those living outside of his district.  Other contact details:

The 26th Congressional District of New York

The 26th Congressional District of New York

Rep. Chris Lee
1711 Longworth House Office Building
Washington, DC 20515
Phone: 202.225.5265
Fax: 202.225.5910

325 Essjay Road, Suite 405
Williamsville, NY 14221
Phone: 716.634.2324
Fax: 716.631.7610

1577 West Ridge Road
Greece, NY 14615
Phone: 585.663.5570
Fax: 585.663.5711

Batavia, NY: Welcome to Our World – Caps Are Coming!

Phillip Dampier April 16, 2009 Issues 6 Comments

Time Warner’s bandwidth capping experiment covers more than just metro Rochester, according to an article in The Batavian published this week:

We just received this message from Lara Pritchard, public affairs manager for Time Warner Cable, WNY Division:

Our trial for monitoring internet usage will rollout across our entire Rochester footprint. Batavia customers will also be enrolled to work with us and provide feedback on their usage/plans.

Time Warner’s Rochester division has several cable systems associated with it, several acquired originally from other providers years ago.  Batavia is part of Time Warner’s “Genesee & Wyoming (Counties)” system and will be part of the usage cap experiment.  Batavia is a small city of approximately 16,000 just about halfway between the New York cities of Buffalo and Rochester.  It is the heart of Genesee county.

Batavia residents are within Verizon territory, but Verizon FiOS is not yet available in the area.  It is expected to arrive “soon” according to flyers seen around the area.  Verizon FiOS is the only high speed competitor that can provide similar speeds to Time Warner’s Road Runner service.  Verizon offers a DSL service in Batavia and surrounding areas, but at somewhat slower speeds, and usually requires a contract commitment.  Clearwire is not available in Batavia according to the company website.

Batavia residents were unimpressed to learn they were also included in the trial, something many were unaware of:

Richard wrote: “If TW goes ahead with this I think that they will lose a lot of customers and I will be sure to do my part to make that so.  I have seen that FiOS is coming to Batavia and I think that it should help with TW price gouging…. I do find it fascinating that they are only doing this “experiment” in places that there are no other providers for most people.”

Senator Chuck Schumer to Visit Rochester & Protest Usage Caps: Our View

Phillip Dampier April 15, 2009 Editorial & Site News, Public Policy & Gov't 18 Comments
Senator Charles Schumer (D-NY)

Senator Charles Schumer (D-NY)

Senator Chuck Schumer (D-NY) will be in Rochester Thursday afternoon to help add his voice to the growing opposition to Time Warner’s bandwidth usage caps.  StoptheCap! has been working with the senator’s office throughout the day today to help coordinate the visit, which will take place in Irondequoit at the home of just one resident who will be directly impacted by Time Warner’s plans.

Time Warner’s bandwidth cap experiment coming just a few months after the company’s last rate increase would dramatically hurt many local residents already reeling from a poor economy.  Time Warner is seriously suggesting that consumers now paying $39.95 per month for broadband service should now be faced with the prospect of paying three times as much, $150 per month, for an equivalent level of service.

Senator Schumer said he doesn’t want Rochester used as a guinea pig for Time Warner, and intends to do all in his power to put a stop to it.

StoptheCap! is delighted to be working with Senator Schumer, who has a long track record of advocating for consumers and standing up for the residents of New York State.

Senator Schumer’s strong voice will be heard across the country, as well as Washington, and will send a clear message that consumers in New York, as well as other states where Time Warner is forcing residents to participate in its “tests,” will not stand idly by and allow Internet plans offering paltry tiers at top dollar pricing to simply pass without the strongest possible protest.

What starts in Beaumont, San Antonio, Austin, Rochester, and the Triad of North Carolina will either be stopped by consumers who reject these egregious bandwidth caps, or Time Warner customers nationwide will almost certainly find them coming to their homes in the future.

StoptheCap! will, of course, have full coverage of the senator’s visit, and will remain in close contact with his office in the days ahead.

In June 2008, Time Warner spokesman Alex Dudley was interviewed for Gigaom, an online publication.  In that interview, he stated that the bandwidth capping trials in Beaumont, Texas were just an experiment and if consumers don’t want it, the company will back away from it.

“You need to understand that the networks are going to be managed and we need to make profit,” he said. “We are trying to find a balance here, and it is too soon to say that we are throwing baby out of the bathwater.”

Dudley was, however, quick to point out that TWC’s experiment in Texas was just that – a test. If consumers don’t want it, the company is going to back away from it. “I think this is a trial and we are going to learn from this trial,” he said.

We honestly don’t know what else Mr. Dudley needs to hear to understand consumers don’t want it.  The company has now attracted a firestorm of negative publicity, the attention of one area congressman, a United States senator, and will almost certainly get an earful when town supervisors from across the county have a chance to weigh in this Friday.  Mr. Dudley, consumers don’t want it. We are not interested in, or appeased by, increases in the caps.  We do not want caps, period.  No consumer should ever have to worry whether or not they will face punitive overlimit fees from a product that Time Warner’s own financial results from 2008 stated, quite plainly, was highly profitable and increasingly so as bandwidth costs continue to decline.

We encourage Time Warner to end its “experiment” today for the good of its customers.  There is still time to forgive and forget.  But time is running out.

Wednesday Evening News & Notes

Phillip Dampier April 15, 2009 Editorial & Site News 5 Comments

dampier4We are becoming overloaded with traffic again, and the server went down briefly around 5:00pm this afternoon. The growth here continues to simply explode beyond our wildest dreams, and your activism and interest on this issue is exactly what we need to fight back! We will be exploring expanding our server yet again for the second time in two weeks to handle all of our new and returning friends.

There should be some exciting developments tomorrow afternoon on this issue (no, TW has not changed their mind, but they are about to get another major headache.)  As I told my skeptical friend out in Buffalo last Sunday, and I know he’s reading this, “I’m sure the impact we are making is less than I might hope, but more than you think.”  I think I’m right.

Later this evening, I am going to try and overhaul the comment software to finally allow you to edit comments after they get posted. I am also exploring creating a list of article titles on the home page to allow our new visitors to find articles that have long since left the first page.

Thanks for all your great news tips and comments. I will be covering the FCC angle very shortly. For our North Carolina friends, a question. I have been told I have been too narrow on this issue by focusing on Greensboro. Would you prefer I change my reference to TW down there to encompass the entire Triad region? I don’t want us to miss anyone who might be impacted by this issue. Leave your comments. I read ’em all!

Reminder: Call Your Town Supervisors! Meeting is Friday

Phillip Dampier April 15, 2009 Public Policy & Gov't 6 Comments

A quick reminder to those who may have missed the earlier call to action – you need to be calling your town supervisors if you live in Monroe County, New York. They are meeting with Time Warner privately this Friday, so they can hear their side of the story. The only problem is, many of them have not heard from their constituents on how much they hate usage caps. You need to bombard their offices with e-mail and phone calls.

The link above will take you to a complete contact list.

[Update 6:30pm: I received information just a short time ago that a large number of supervisors HAVE gotten the message from constituents and are getting too many e-mails to personally respond to!  Several have visited StoptheCap! to pick up additional information on this issue, so YOU ARE MAKING AN IMPACT!  KEEP IT UP!  If you are a town supervisor, welcome!

More and more are now feeling this is an extraordinarily important issue for residents and are following it closely.

Don’t be discouraged if they haven’t replied to you yet.  They may simply be like me, overwhelmed in the inbox!]

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