Time Warner Cable will not follow Comcast, Charter, Cox and Mediacom by imposing usage caps or move towards a compulsory usage-based billing scheme.

Yesterday, incoming CEO Robert Marcus told investors attending the Bank of America Merrill Lynch 2013 Media, Communications, and Entertainment Conference that he recognizes the majority of Time Warner Cable’s broadband customers want the company’s unlimited use offering and made it clear that option will continue to be available.

“Most customers today — the vast, vast majority — take our unlimited offering and I think over time most customers will continue to take unlimited,” said Marcus, who currently serves as Time Warner Cable’s chief operating officer. “They value it and will be willing to pay for it. I think that is great and we have no desire to change that.”

However, Marcus also reflected on the revenue opportunities available to the company from its broadband offering, and signaled investors the company would continue to price the service commensurate with its perceived value.

“High Speed Data is a tremendous product for us,” Marcus said. “Our customers continue to use it more and more for all different sorts of applications. I think consumption growth year over year in the second quarter is somewhere north of 40 percent. It has been in that kind of range for a long time and we expect it to continue to grow at a pace like that for as long as we can see. With that increasing usage comes an increasing utility to customers and we believe an increasing willingness to pay for that incremental utility.”

Time Warner Cable increased its broadband average revenue per user (ARPU) by 9% for residential High Speed Data during the second quarter, with total broadband revenue up more than 12%, according to Marcus. Those revenue increases have been made possible by three things:

• Adding new broadband customers, mostly those abandoning telephone company DSL;
• Implementing general price increases on broadband service for existing customers and the introduction (and later increase) of modem rental fees starting last fall;
• Successfully encouraging customers to upgrade to faster speed tiers, which are sold at a higher cost.

Despite Marcus’ commitment to maintain unlimited broadband service for Time Warner Cable customers, the cable company is moving forward with several optional, usage-based tiers sold at a discount.

“There are customers who choose to consume less and we feel strongly that we need an offering for them which allows them to pay less and eliminate the structure where they have to subsidize the heavy users,” Marcus explained.

For more than a year, Time Warner has offered a little noticed, usage-limited plan for customers willing to confine their Internet browsing to a maximum of 5GB per month. The plan has not been popular with customers and very few have signed up. Time Warner announced earlier this summer they would try again.

“We’re now in the process of rolling out yet another usage-based tier of service which I think is a more meaningful one because it comports with what real-life usage is like, which allows customers to use 30GB a month of service again at a discount from the unlimited pricing,” said Marcus. “When you put 30GB in context, our average usage today is about 50GB a month, median usage is actually less than 30GB, so for some customers there is going to be an economically rational reason for them to choose that 30GB tier. I expect the take rate will be certainly higher than for the 5GB service.”

Marcus, like the current CEO Glenn Britt, admits the company is attempting to educate customers that broadband usage carries a cost.

“There is a principle at stake: that value, price and usage are related to one another and that is important over time,” Marcus said.

Verizon Communications notified the New York Public Service Commission late Tuesday it was abandoning a request to replace damaged landlines anywhere in the state where the company’s facilities were substantially destroyed with a wireless service called Voice Link.

Verizon’s original tariff, if approved, would have allowed the company to drop landline service in areas of New York where it decided it was impractical to repair or replace heavily damaged wired infrastructure. Customers in these areas would no longer be able to obtain wired landline service or DSL broadband. Instead, under the original tariff request, Verizon would offer customers Voice Link as its sole service offering, providing voice-only service over existing telephones, assuming a good signal was available from a nearby Verizon Wireless cell tower.

Yesterday, Stop the Cap! reported a well-placed source in Albany indicated Verizon was unlikely to win approval of its tariff request after a summer of real-world experiences with Voice Link service on Fire Island. Customers overwhelmingly rejected the service, complaining about dropped and missed calls, poor voice quality, and the lack of an affordable broadband option. Yesterday, Verizon separately announced it was reversing an earlier decision and would now install its fiber network FiOS on Fire Island, offering customers the option of keeping Voice Link or switching to FiOS for telephone and/or broadband service.

Accordingly, Verizon today requested the PSC abandon proceedings regarding its request, calling the issue “moot,” and for now will no longer pursue an effort to drop landline service in New York. Verizon will continue to offer Voice Link in the state as an optional service, but will also provide traditional landline and DSL service (where available).

Verizon has not said whether it will continue to pursue regulators for permission to supply Voice Link as its sole service offering in part of New Jersey and Pennsylvania where the company’s landline networks were damaged by last year’s Hurricane Sandy.

 

Despite dozens of new state laws and an effort by lawmakers to make metal theft a federal crime carrying a 10-year prison sentence, the epidemic of copper cable theft is expected to get worse before it gets better. The reason? China’s insatiable demand for North America’s enormous supply of discarded and stolen wire.

“The FBI has indicated that there’s so much theft taking place that it’s causing a national infrastructure issue,” said Lt. Terry Alling, a law enforcement official who now consults with police departments on how to recognize and curtail valuable metal thefts.

Scrap copper used to end up in the trash, especially telephone and coaxial cable used by phone and cable companies. With bare, high quality copper wiring valued at only $0.50 a pound for years, many scrap dealers were uninterested in shielded telecom cables that were a costly nuisance to process for recycling.

That changed in late 2003 when copper prices began a dramatic rise, first doubling to $1 a pound by 2004 and then suddenly spiking to an eye-popping $4 by 2006. Only the arrival of the Great Recession in 2008 would temporarily stem demand, dropping prices below $1.50 a pound. Two years later, prices dramatically rebounded, reaching an all time high of $4.50 a pound, and have remained above $3 ever since.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KOMO Seattle Copper Theft Epidemic 5-6-13.mp4[/flv]

KOMO in Seattle went undercover to sell scrap copper and quickly discovered why copper wire theft is now an epidemic — scrap dealers are ignoring the law and buying suspect copper with no questions asked. (5 minutes)

As prices have increased, so have copper thefts. Starting about a decade ago, law enforcement personnel discovered they were responding to a growing wave of reports of stolen manhole covers, copper pipe taken from abandoned buildings or construction sites, copper air conditioner coils gone missing, and even statues and other art work ripped out of the ground.

Outside of the risk of falling into a manhole missing its cover, the biggest threat to public safety has come from utility infrastructure theft. Brazen thieves have shown their interest in turning scrap metal into cash has taken a priority over their personal safety and yours. Amazed utility workers were shocked to find thieves even willing to steal infrastructure from live power substations, often leaving customers in the dark as a result. A less risky, but just as profitable strategy has come from harvesting telephone cable right off of telephone poles, knocking out service for hundreds or thousands of customers as a result.

Some of the worst problems for telecom companies are in rural areas and smaller cities where thieves can remove cable with a good chance of not being seen.

In the Pacific Northwest, Spokane experienced cable theft from area substations. In Olympia, $30,000 of electric cable was stripped from street lights.

Three soccer fields in Federal Way experienced repeated copper theft, resulting in $150,000 in damages, despite efforts by the Federal Way Soccer Association to discourage thieves.

“We’ve changed the locks in all the systems, we’ve gone to gluing down doors on the boxes — nothing is stopping them,” said George Fifer.

Frontier Communications customers in Washington have been among the hardest hit. Last year, Frontier reported 10 major outages as a result of copper wire theft in the state. Frontier’s problems are nearly as bad in Ohio and West Virginia, those states being hit the most often. This year is more of the same in Washington, with at least 2,000 Frontier customers knocked out of service since April.

Frontier Communications has reported lines being stolen in Snohomish, Skykomish and Granite Falls, causing temporary outages for customers throughout north King and Snohomish counties.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCPQ Seattle Thieves ripping out bulk phone lines 7-25-13.flv[/flv]

In July, KCPQ in Seattle reported copper thieves struck again, wiping out phone service in parts of Snohomish County, Wash. Nearly 2,000 Seattle-area customers have been hit so far. (3 minutes)

“Customers are taken out of service, they’re put at risk, they can’t call 911,” said Frontier Communications general Manager Ken Baldwin. “The emergency folks can’t run the trace and know where they need to be.”

Alling estimates at least 90 percent of the copper theft is committed by meth addicts, motivated by their habit and unafraid to take risks.

They rely on selling their stolen copper to a network of scrap dealers that pay consumers and construction firms for “recovered/unwanted metals.” Although many scrap dealers operate legitimate businesses and don’t want to deal in stolen copper, there are more than a few willing to look the other way. Those dealers typically pay quick cash at below market prices to people who cannot credibly explain where the weekly bales of phone cable are coming from, so they don’t ask.

There is usually little risk to the dealers, who are unlikely to leave stolen copper in the storage yard for very long.

Alling says the copper crime wave is being fed by insatiable demand from the booming economy of China.

“They’re buying all the copper that they can get their hands on,” Alling said. “It’s speculated that they’re stockpiling and there’s not going to be any slowdown whatsoever for an extended period. The price is going to stay up which means that theft is going to stay up as well.”

A forthcoming book excerpted by Bloomberg Business Week seems to confirm Alling’s experience.

“Junkyard Planet: Travels in the Billion-Dollar Trash Trade,” published in November by Bloomsbury Publishing, digs deep into the world of scrap metal and the Asian metal market that increasingly drives most of the demand.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/KCPQ Seattle Copper wire theft becoming an epidemic 1-2013.flv[/flv]

Washington’s Most Wanted reports wire theft is becoming an epidemic in the Pacific Northwest, costing taxpayers hundreds of thousands of dollars and risking public safety. Now local law enforcement is learning how to fight back. (3 minutes)

China alone accounted for 43.1 percent of all global copper demand in 2012, writes Adam Minter, more than five times the amount of copper acquired by the U.S. that same year. For at least a decade, China has imported 70 percent of the scrap copper it uses to power its enormous manufacturing and construction industries. China’s most attractive source for recycled copper? The United States.

Minter writes at least 100 roving Chinese scrap dealers are traveling across the country in rental cars from scrap yard to scrap yard. They come ready to buy… a lot. Some scrap dealers receive visitors from China almost daily. Minter notes many of those 100 will spend an average of $1 million a week on discarded (or stolen) copper, much of it considered “low-grade” by American dealers because it requires cumbersome and expensive processing before it can be melted down or reused in new ways.

That is no problem for scrap dealers like Johnson Zeng, employed by a scrap importer in China’s Guangdong Province.

As Zeng browses one scrap yard in St. Louis, his interest piques when he sees bales and boxes of power lines and what the scrap trade calls “jelly.”

This is where Frontier Communications and other phone companies come in.

Much of the stolen telephone cable sold for scrap contains hundreds, if not thousands of individual copper wires, each wrapped in insulation and in turn wrapped around a thick black sheath to keep the weather out. This is the cable one might find serving entire neighborhoods or business blocks with landline phone service and DSL. If you cut into that cable, often 2″ in diameter, there is a chance it would begin oozing a Vaseline-like gel — the “jelly” Zeng has an interest in. That goo is primarily designed to keep underground phone cables dry because it helps repel corrosion-causing moisture.

Minter notes American recyclers hate jelly cable because it clogs their processing equipment. In China, it is in high demand because it is cheaply obtained and can be processed by an army of workers that cut the cable apart and wash away the petroleum product by hand.

Without the demand for “low-grade” copper wiring such as telephone cables coming from abroad, thieves would be unlikely to find any interest for their ill-gotten gains.

Cable companies have it easier. Asian exporters have shown little interest in coaxial cable because the effort to free the copper center conductor from the thick plastic sheath and wire netting that surrounds it is, for now, not worth it.

The demand on scrap dealers to maintain sufficient inventory to keep the roving band of exporters coming back is intense. Most Chinese buyers need a minimum order of one shipping container holding at least 40,000 pounds to make the deal worthwhile. Those containers are the size of a load driven by an 18-wheeler tractor-trailer.

At just one scrap yard, Zeng offered to buy all 10,000 pounds of “jelly” phone cable — all the dealer had in stock that day —  5,000 pounds of “grease wire,” and a large quantity of discarded Christmas tree light strings — another popular target for Asian exporters looking for cheap low-grade wire.

Within hours, Zeng would be back inside his rental car traveling to the next scrap dealer in a journey that took him from Illinois to South Carolina.

The recycling industry points out that if the Chinese were not in the market for American wire, it would end up in a landfill because copper demand within the United States is too low to justify the processing and labor costs to recycle it.

But that demand also fuels the growing copper theft plaguing the United States, and that costs every American taxpayer.

“The Department of Energy estimates that for every $100 that a copper thief actually gets in stolen materials, it costs $5,000 in repairs,” Alling said.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KXLY Spokane Copper Theft Law 7-2013.flv[/flv]

KXLY in Spokane reports miles of live power cables have been stolen by copper thieves. It takes a small amount of copper wire to make a lot of money, encouraging thieves to take more risks for bigger payoffs. Now a new Washington state law includes a “no-buy” list that keeps repeat offenders from selling to dealers in adjacent counties.  (3 minutes)

Alling blames the meth addicts who commit the crimes, but also fingers scrap metal dealers who buy without asking questions. The source of stolen copper varies in different parts of the country. While telecommunications lines are most affected in rural communities, copper pipes and air conditioning coils are favorite targets in urban areas.

Most states have enacted new laws to curb the trade in stolen copper. Many require dealers to demand ID from sellers and keep detailed purchase records allowing law enforcement to identify the source of stolen cable found at scrap yards. Others require a license to sell copper to recyclers, a limit on the amount of scrap that can be sold to a dealer, and provisions for stiff fines and jail time for those caught buying or selling stolen metal.

In some states like West Virginia, tougher copper theft laws are beginning to curb thieves, but in South Carolina the thefts continue, despite the fact the state requires sellers of copper to first obtain a permit from a local sheriff’s office before selling their metal.

New Jersey Gov. Chris Christie vetoed a state copper theft control measure in New Jersey last week, claiming it would impose “overly burdensome regulations” on the state’s scrap dealers. The bill would have required that all payments for scrap metal be made by non-transferrable check unless the seller has a photo ID on file with the scrap company, and that businesses could only accept deliveries made by motor vehicle, allowing firms to record the buyer’s plates and driver’s license.

Sen. Charles Schumer (D-N.Y.) and Sen. Amy Klobuchar (D-Minn.), are tackling copper theft on the federal level by co-sponsoring the Metal Theft Prevention Act – a proposal to make stolen metal a federal crime.

S. 394 and its House companion bill H.R. 867 would impose a 10-year prison sentence on anyone caught stealing metal from telephone or cell towers, highway equipment or other critical infrastructure. The bill would also make it tougher to fence stolen metal by requiring more record-keeping for recycling agents, and prohibiting them from paying cash for purchases larger than $100.

Klobuchar claims copper theft has shot up by 80 percent in recent years and she wants to put a dent in it.

“The recent rise in incidents of metal theft across the country underscores the importance of federal action to crack down on metal thieves, put them behind bars and make it more difficult for them to sell their stolen goods,” Klobuchar said.

Despite some bipartisan support, Govtrack.us estimates the measure has only a 7% chance of getting past committee and a 3% chance of being passed in the House of Representatives, noting the Republican-controlled body voted only 11% of bills out of committee and only about 3% were enacted over the last two years. The companion bill in the U.S. Senate has already passed a committee vote, so Govtrack estimates it has a 40% chance of passing a full Senate vote, assuming it is not filibustered.

The federal measure is getting significant opposition from Republicans who argue it violates states’ rights to manage the problem through legislation on the state level.

“I have heard concerns expressed regarding people stealing valuable metal and crossing state lines to sell the stolen product,” said Sen. Mike Lee (R-Utah).  While I would support federal legislation addressed to such truly interstate circumstances, legislation that more broadly regulates intrastate conduct is constitutionally problematic. In my view, this bill exceeds Congress’s power under the Commerce Clause and imposes a federal regulatory scheme in an area of law the Constitution reserves to the states. In the interest of maintaining the balance between state and federal authority, I will vote against reporting this bill from the Judiciary Committee.”

Alling says in some communities copper thieves have gotten organized into gangs targeting valuable infrastructure, so while legislators work the problem on their end, local police need to organize themselves to combat it.

Alling said police should be on the lookout for thieves with tools like headlamps, bolt cutters and a change of clothes. Police should also search the area where the copper was stolen because often, the bad guys stash the metal nearby until they can remove it without getting caught.

Individuals can also report suspicious activity themselves by calling 911. In some areas, reward funds have been established by utilities for tips that lead to the successful prosecution of metal thieves.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KOMO Seattle Copper Thieves Plague Washington 9-10-13.mp4[/flv]

KOMO in Seattle reports Frontier Communications has been plagued with copper cable thefts for the last two years, cutting off critical 911 services to affected residents. (2 minutes)

Verizon Communications has thrown in the beach towel attempting to convince residents of popular tourist destination Fire Island to accept its wireless landline replacement Voice Link as the company’s sole landline service option.

After telling customers for months it did not make financial sense to restore copper service or bring its fiber optic network FiOS to Fire Island, Verizon senior vice president of national operations support Tom Maguire today reversed course.

“In today’s competitive marketplace it’s all about making sure you can take care of customers because if you don’t they can go someplace else,” Maguire told Newsday. “Interestingly on Fire Island, there is no place else, so we listened to our customers. It was pretty apparent that we wanted to do something beyond Voice Link and the wireless network, so we think that fiber is the best course.”

Verizon customers on Fire Island have told Stop the Cap! all summer they felt abandoned by Verizon, stuck using a wireless landline replacement service they claimed worked poorly or not at all at times. Customers also loudly complained that Verizon was effectively forcing broadband customers who depended on Verizon DSL to the much more expensive Verizon Wireless broadband service with a very small usage cap. Many attended meetings sponsored by elected officials or the Public Service Commission to decry Voice Link and demand Verizon offer the same quality service its landline network used to provide.

Maguire told the newspaper the company will now deploy its fiber network FiOS on Fire Island, offering residents new options for telephone and broadband service. The 600 customers on Fire Island with Voice Link will be able to keep the wireless service or switch to FiOS fiber.

Reached for comment, Verizon tells Stop the Cap! its fiber service will not include FiOS TV because Verizon does not have franchise agreements with the many municipalities on Fire Island, and their primary concern is getting the fiber network engineered and constructed.

Fire Island residents have made it clear to Verizon their biggest concern is Internet access, not television, and Verizon FiOS will be able to deliver faster Internet speeds unavailable from DSL.

Verizon expects to begin construction in October, although it has already started preliminary design work for the new fiber network. Verizon expects to have the fiber build complete by the beginning of the 2014 summer season on the island.

Sen. Charles Schumer (D-N.Y.), who has been carefully monitoring the Voice Link issue, released a statement welcoming Verizon’s decision.

“By installing fiber-optic cables on the island, Verizon will not only make the system as good as it was before, it will be making it better,” said Schumer. “Fire Island residents will now have greater access to high-speed Internet – a necessity in the modern age – and reliable voice service. Verizon deserves credit for listening to our concerns and changing course.”

In a June guest article written for publication on Stop the Cap!, Maguire wrote it would cost Verizon from $4.8 million to more than $6 million to restore landline service. Maguire argued it made no economic sense to commit to a multimillion dollar investment with no guarantee that residents of the island will sign up for Verizon service.

“That’s probably why Verizon is the sole provider on the island,” Maguire noted in the piece. “None of the companies we compete with in other parts of New York offer services on the island.”

Today’s decision represents a complete reversal of the company’s earlier views, but one that is welcomed nonetheless by residents on Fire Island reached by Stop the Cap! this afternoon.

“We’re very glad this is now over and behind us,” said Verizon customer Shari who has toughed out the summer with cellphone-only service.

“I can’t wait to return Voice Link, which has been a real pain,” said Thom.

Both customers tell Stop the Cap! they intend to sign up for Verizon FiOS the moment it becomes available.

A well-placed source in Albany tells Stop the Cap! Verizon’s Voice Link, a wireless landline replacement,  is unlikely to be approved as a sole landline offering in New York State.

“With mounting evidence supplied by Verizon itself in response to staff requests and increasing pressure from local, state, and federal politicians hearing the concerns of more than 500 New York residents that have opposed Verizon’s proposal or who have complained about the quality of service provided by Voice Link over the summer, it is increasingly clear the service in its current form will fail to meet the Public Service Commission’s standard for basic voice service,” the well-informed source tells Stop the Cap!

“It is important to recognize that the PSC’s primary concern is providing an equivalent voice service that has the reliability required to reach emergency personnel and deliver ancillary services the disabled community depends on,” said the source. “While the Commission is unlikely to reject Verizon Voice Link as an alternative, optional service, the Commission cannot and signaled to our office it will not ignore the consensus from real Voice Link users complaining the service is not well received and reliability issues have persisted all summer.”

Verizon has attempted to place Voice Link in the homes of residents on the western half of Fire Island as its sole service offering for landline service, while in other communities upstate the company claims it offers Voice Link as an optional service for customers with line problems or for those requesting seasonal telephone service.

The source tells us the sticking point for regulators is Verizon’s request to offer Voice Link as its sole service offering, denying requests to repair existing landline service, as has been the case on the western half of Fire Island since Superstorm Sandy damaged much of the infrastructure on that half of the island almost one year ago.

Verizon officials claim the costs to re-establish wireline copper phone service on the island do not make financial sense based on the small number of customers served, and the company adds there is no business case for upgrading to fiber service either. But residents and some local officials claim Verizon has exaggerated the amount of damage, and many customers in the affected area still have intermittent service, but cannot get Verizon repair crews to repair trouble on partly functional lines.

The PSC has received more 650 comments to date about Verizon Voice Link — all negative — and has also heard from New York politicians who are strongly opposed to Verizon’s efforts to curtail landline service in the state. Our source tells us some of those politicians were moved by constituents who placed calls over Voice Link to officials in Albany and Washington to let them to hear the actual voice quality of the service. The source tells us the quality of those calls were often plagued with audio anomalies and breakups.

Last week, the Commission requested Verizon send a functional Voice Link unit for internal testing, but that request may now be a formality, according to our source.

“I think the decision is mostly made at this point,” said the source. “It is pretty clear the PSC is signaling to complaining politicians and through its repeated requests for information from Verizon it is unconvinced by Verizon’s arguments that claim there is a necessity to replace landline service with wireless Voice Link, and the company also did itself no favors when its executives previewed plans to abandon landline service in favor of wireless in unprofitable areas even before Sandy struck,” the source tells us. “Verizon isn’t stupid, so it is likely the company will offer something different before their request is turned down.”

Verizon said this afternoon it had no comment on Stop the Cap!’s report.