Charter Communications is contemplating tying piracy mitigation to renewed contracts with movie studios, cable networks, and other programmers in an effort to enforce a new authentication standard to stop password sharing on streaming services like Netflix, Hulu, Disney+, and CBS All Access.

The cable company is trying to build an alliance that will enforce authentication principles on subscribers that share passwords to streaming services. Walt Disney is the only programmer to sign on thus far, agreeing to Charter’s piracy mitigation strategies for its Disney+ service in return for a renewed contract to distribute Disney programming on Spectrum cable systems.

Thomas Rutledge, Charter’s CEO, has spoken frequently about revenue erosion caused when consumers share their streaming accounts with friends and extended family members. Spectrum enforces geofencing on its subscribers, prohibiting access to certain streamed content outside of the home. Rutledge has not been specific about exactly what types of limitations would be imposed under the new strategy, but examples could include geofencing, periodic location checks, and limits on the number of devices authorized to view content.

“Ultimately our goal is that we can get an alliance of a large enough group of programmers and operators to protect the value of the content that people produce and the content that we distribute and we pay for,” Chris Winfrey, Charter’s chief financial officer, said last week at the Bank of America Merrill Lynch 2019 Media, Communications & Entertainment Conference in Beverly Hills.

Winfrey severely criticized programmers that turn a blind eye to the practice of password sharing, claiming such practices are “insane.”

“To think that it doesn’t impact the way we get paid, it does,” Winfrey said. “And it conditions the entire marketplace to think that content should be devalued, it should be free, and that’s the way it is and I shouldn’t have to pay for it. It’s our firm belief that we’d be growing and growing significantly [if it wasn’t for password sharing].”

More Californians are complaining to state officials about their cable television, internet, and phone service than the energy utilities implicated in causing deadly wildfires that left customers without power for days or weeks.

California’s Office of Senate Floor Analyses prepared a report for elected officials contemplating extending deregulation of the state’s top telecommunications companies. It found deregulation has not always benefited California consumers, noting that several companies have been fined for allowing traditional phone service to fall below required service quality standards. As service deteriorates, lawmakers have tied the hands of state officials trying to enforce what service standards still exist. The report found that the telecom industry has been especially good at covering itself through lobbying and litigation to isolate and disempower consumers seeking redress.

“Many companies, including telecommunications providers, include arbitration clauses in their contracts that limit a consumer’s ability to form a class with other consumers to seek remedies for unfair business practices related to contracts,” the report notes. “These clauses frequently limit consumers to a specified arbitration process that limits the types of remedies consumers can obtain for unfair business practices.”

Customers with unreliable phone service pursuing complaints on the federal level with the Federal Communications Commission have also been dealt a blow by the Trump Administration and its Republican majority control of the FCC.

“It is unclear what kind of remedies consumers can obtain since the FCC has adopted an order limiting its own ability to establish requirements for these services,” the report found.

Deregulation has not stopped Californians from trying to get help from the California Public Utility Commission (CPUC), however. The CPUC’s Customer Affairs Branch recorded 1,087 complaints about the state’s phone and cable companies in January 2019, compared with 677 complaints against the state’s energy utilities and 53 lodged against water utilities.

The CPUC’s Customer Affairs Branch reported communications-related complaints were significantly higher than other utilities. (Image: California Office of Senate Floor Analyses)

“Despite the occurrence of wildfires in which utility infrastructure was implicated, complaints regarding energy utilities remained largely consistent between November 2018 and January 2019,” the report found. “The data indicates that the communications sector generates a greater number of complaints to the CPUC than other utility sectors on average, and a much greater percentage of those complaints are for customer issues over which the CPUC has no regulatory jurisdiction.”

Earlier this year, California’s largest investor-owned utility, Pacific Gas & Electric (PG&E), filed for bankruptcy protection after estimating it was liable for more than $30 billion in damages from recent wildfires. An investigation found equipment owned by PG&E was responsible for starting the worst wildfire in California history. The November 2018 Camp Fire killed 85 people and destroyed the town of Paradise. Yet the Customer Affairs Branch received fewer complaints about PG&E than it received regarding AT&T, Charter Spectrum, Frontier, Cox, and Comcast XFINITY.

Unintended consequences of deregulation have also caused several high profile scandals among telecom companies in the state. Some of the worst offenses were committed by cable and phone companies that further traumatized victims of catastrophic wildfires. An effort to implement new consumer protections for fire victims forced to relocate met fierce resistance from cable and telephone industry lobbyists. Some of those same telecom companies continued to bill wildfire victims for months for service at addresses that no longer existed. AT&T even billed customers that died in the fires.

A recent San Francisco Superior Court decision (Gruber v. Yelp) also found another consequence of deregulation. A judge ruled The California Invasion of Privacy Act (CIPA) does not apply to calls made or received on “digital” phone lines better known as Voice over IP (VoIP). The judge found that since the CPUC does not regulate VoIP calls, and such calls are not legally defined as a traditional phone call, CIPA cannot apply.

More than six months after devastating wildfires swept across the North Bay in 2017, AT&T was still billing customers that died in that fire. KGO-TV reports. (3:31)

After promising to never again erroneously bill wildfire victims, AT&T did it again to those traumatized by the 2018 Camp Fire that killed 85 people and wiped the town of Paradise off the map. KOVR in Sacramento reports on one family pleading with AT&T to stop billing them for landline service at an address that no longer exists. (2:15)

No customer service for you.

“The number you have dialed has been disconnected or is no longer in service. Please check the number and dial again.”

When Altice USA/Optimum customers discovered their TV and internet service stopped working Friday night in parts of New Jersey, New York and Connecticut, many called the customer service number printed on their monthly bill and discovered it was “disconnected or no longer in service.”

Outraged customers took to Twitter to express their displeasure.

“Since you shut off your Customer Service line, we all deserve a hefty credit to our accounts. ‘We’re always here to answer your questions.’ NO clearly you’re not, otherwise we’d be able to call you when there’s a sudden outage across multiple cities & no one knows why,” Nathalie Levey tweeted in frustration.

With the widespread outage affecting at least tens of thousands of customers across three states, some found other phone numbers to reach out to Optimum, but those lucky enough to get through were left languishing on hold “for hours,” according to the Connecticut Post. More than a few decided calling 911 was a better idea, much to the consternation of local police departments across the northeast that asked them to stop.

For some reason, Optimum phone service still worked for some, but not others. But it proved useless for reaching the cable company, with a recorded message asking callers to try again later. But calls placed from mobile phones or landlines still managed to get through, sometimes.

…when it works

It was an outage made to frustrate, in part because shortly after Altice acquired Optimum from Cablevision in 2016 as part of a $17.7 billion dollar acquisition, Altice promptly closed down Optimum’s call centers in Shelton and Stratford, Conn., employing nearly 600 workers.

An Altice spokesperson curtly described the outage as “power related” and left it at that, refusing to indicate if customers would be given a bill credit for the outage.

“We still don’t know, because you can’t reach these people on the phone at all and the people at the local cable store tell you that you have to call in, so they are also useless,” complained Sally Davis, an Optimum customer near Litchfield.

There may be another way to ask for a refund, but there is no proof it will actually result in a future bill credit:

The company maintains a general website where customers can request bill credits as noted by Hal Levy, chairman of a regional cable TV advisory council that keeps tabs on carriers and the quality of services they provide. The website on Monday directed customers to telephone, online chat and Twitter for follow-up on requests for bill credits.

“In past instances of widespread outages when the company was owned by Cablevison, automatic bill credits were issued to subscribers,” Levy wrote in an email to Hearst Connecticut Media.

The newspaper notes the outage hit just two weeks after Altice USA tacked $5 onto the rate for Connecticut customers who subscribe to its “Premier” TV package, raising the monthly charge to $110 on par with the rate for a “Gold” plan the company discontinued, while transitioning those subscribers to “Premier” status.

“Who are they kidding?,” Davis told Stop the Cap! “Optimum treats its customers to ‘PoS status.’ I wish we had FiOS.”

The Walt Disney Co., is warning AT&T U-verse, TV Now, and DirecTV customers that a blackout of Disney-owned ABC stations, ESPN, Freeform, and the Disney Channel is imminent because AT&T has not yet agreed on renewal terms.

If an agreement is not signed before the end of the month, AT&T video customers across the country are looking at a third major programming blackout this year.

“The Disney owned networks and stations have agreements in place with all of the major video providers in DirecTV and AT&T video territories, including Comcast, Verizon FiOS, Cox, Optimum, Frontier and others, and we have a strong track record of successfully reaching multi-year agreements with these and other TV providers,” the company said in a statement. “Unfortunately, so far AT&T has refused to reach a fair, market-based agreement with us, despite the fact that the terms we are seeking are in line with recent marketplace deals we have reached with other distributors.”

The last contract renewal DirecTV signed with Disney was in late 2014. It is likely AT&T’s acquisition of DirecTV allowed the company to combine its U-verse and streaming agreements with the much larger contract with the satellite TV company, with AT&T’s combined carriage agreement likely to expire on Sept. 30, 2019.

AT&T has spent much of 2019 playing hardball with programmers, willing to let their contracts expire and blackout affected stations and networks. Earlier this year, customers lost access to local TV stations owned by CBS, Nexstar, and a handful of local stations under contract with Sinclair Broadcasting. Customers also lost access to the Altitude Sports and Entertainment Network, a regional sports channel, at the end of August. In some cases, it took several weeks to reach a negotiated settlement with local station owners.

It seems likely Walt Disney will find a similar level of intransigence with AT&T’s negotiating team. AT&T is already preparing its customers for a potential protracted fight and blackout.

“We’re disappointed to see The Walt Disney Co. put their viewers into the middle of negotiations. We are on the side of consumer choice and value and want to keep Disney channels and owned-and-operated local ABC stations in eight cities in our customers’ lineups,” AT&T said in a statement. “We hope to avoid any interruption to the services some of our customers care about. Our goal is always to deliver the content our customers want at a value that also makes sense to them. We’ll continue to fight for that here and appreciate their patience while we work this matter out.”

Any blackout would impact Disney-owned and operated ABC affiliates, including:

• WABC-TV 7 New York
• KABC-TV 7 Los Angeles
• WTVD-TV 11 Raleigh-Durham, N.C.
• KGO-TV 7 San Francisco
• KTRK-TV 13 Houston
• KFSN-TV 30 Fresno, Calif.
• WLS-TV 7 Chicago
• WPVI-TV 6 Philadelphia

A major battle between satellite owners, broadcasters, and the telecom industry has emerged over a proposal to repurpose a portion of C Band satellite spectrum for use by the wireless industry.

Multiple proposals from the wireless and cable industry to raid C Band satellite frequencies for the use of future 5G wireless networks suggest carving up a band that has been used for decades to distribute radio and television programming.

Before the advent of Dish Networks and DirecTV, homeowners placed 6-12′ large rotatable satellite dishes in backyards across rural America to access more than a dozen C Band satellites delivering radio and television programming. Although most consumers have switched to much smaller fixed satellite dishes associated with Dish or DirecTV, broadcasters and cable companies have mostly kept their C Band dishes to reliably receive programming for rebroadcast.

Now the wireless industry is hoping to poach a significant amount of frequencies in the C Band allocation of 3.7-4.2 GHz to use for 5G wireless service. Competing plans vary on exactly how much of the satellite band would be carved out. One plan proposed by Charter Communications and some independent cable companies would take 370 megahertz from the 500 megahertz now used by C Band satellites and sell it off in at least one FCC-managed auction to the wireless industry. A more modest plan by an alliance of satellite owners would give up 200 megahertz of the band, allowing wireless companies to acquire 180 megahertz of spectrum. To reduce the potential of interference, both major plans offer to set aside 20 megahertz to be used as a “guard band” to separate satellite signals from 5G wireless transmissions.

Satellite dish outside of KTVB-TV in Boise, Ida. (Image courtesy: KTVB-TV)

Much like the FCC’s repack of the UHF TV dial, which is forcing many stations to relocate to a much smaller number of available UHF TV channels, most proposals call on the FCC to subsidize dislocated satellite broadcasters and users with some of the auction proceeds to help pay the costs to switch to fiber optic terrestrial distribution instead.

Broadcasters and satellite companies claim the cable industry proposal would leave U.S. satellite users drastically short of the minimum 300 megahertz of satellite spectrum required to provide radio and television stations with network programming. Many rural broadcasters have complained that the cable industry plan calling for a shift to fiber optic distribution ignores the fact that there is no fiber service available in many areas. Other objectors claim fiber outages are much more common than disruptions to satellite signals, putting viewers at risk of a much greater chance of programming disruptions.

With spectrum valued at more than $8 billion at stake, various industry groups are organized into coalitions and alliances to either support or fight the proposals. The Trump Administration has made it known it is putting a high priority on facilitating the development of 5G services to beat the Chinese wireless industry, which is already moving forward on a major deployment of next generation wireless networks. The FCC, with a 3-2 Republican majority, has signaled it is open to reallocating spectrum to wireless carriers for the rollout of 5G service. Unfortunately, much of this spectrum is already in use, setting up battles between incumbent users threatened to be displaced and the wireless industry, which sees big profits from acquiring and deploying more spectrum.

With serious money at stake, strains are emerging among some individual members of the different industry groups. Late last week, Paris-based Eutelsat Communications quit the largest satellite owner coalition, the C-Band Alliance. The move fractured unity among the world’s satellite owners, just as the FCC seems ready to move on a reallocation plan. Eutelsat will now lobby the FCC directly, reportedly because of concerns among shareholders that splitting off significant amounts of C Band spectrum is inevitable and could drastically reduce the value of Eutelsat’s share price. Eutelsat reportedly wants to independently participate in the FCC’s proceeding, potentially securing a larger amount of compensation from the FCC for the spectrum it will give up as part of a final reallocation plan.

Whatever compensation plan emerges will run into the billions of dollars. Satellite dishes will probably require new equipment to shield signals from interference, may require re-pointing to a different satellite (which could prove problematic for some equipment originally installed in the 1980s), and may even require the launch of additional satellites to provide more capacity in the newly slimmed C Band.

The FCC is expected to decide on the reallocation proposals this fall, with a signal repack likely to take between 18-36 months before the frequencies can be cleared for use by wireless operators.

Satellite owners, mobile carriers, and cable operators discuss reallocating part of the satellite C Band for use by 5G wireless networks. Sponsored by the industry-funded Technology Policy Institute. Sept. 3, 2019 (44:10)