More than 18,000 Time Warner Cable customers in upstate New York will receive average refunds of $119 each from the cable company that overcharged them for service since 2007.

New York Attorney General Eric Schneiderman announced a settlement with Time Warner Cable after a two-year investigation found that the company overcharged former Cablevision subscribers in 10 Upstate towns and villages. The settlement requires Time Warner Cable to pay $2.2 million in refunds to 18,437 customers and stop charging subscribers’ fees that exceed the amounts permitted under their municipalities’ Franchise Agreements. As part of the agreement, Time Warner Cable also agreed to pay$200,000 in fees and costs to the State of New York.

The settlement requires Time Warner Cable to refund overcharges collected since March 2007, with interest, to current subscribers in the Towns of Glenville, Livonia, Stafford, Oakfield, Geneva, Thompson, Lima, Batavia and the Villages of Waterloo and Ellenville.

Former customers and those that have moved away from these communities seem to be out of luck.

Schneiderman

“For too long, Time Warner Cable has been overcharging fees to its customers in direct violation of their local franchise contracts. This agreement brings millions of dollars in refunds to upstate consumers who overpaid their bills,” said Schneiderman. “Many New York families operate on a tight budget and every dollar counts. My office will not tolerate cable companies that ignore their contractual obligations and overcharge New York subscribers.”

Time Warner Cable’s billing practices were brought to the Attorney General’s attention by the Town of Glenville in January 2011. The Attorney General began a two year investigation which found that Time Warner Cable had in fact been overcharging Glenville residents for many years, and that Time Warner Cable had been improperly charging consumers in other Upstate communities with Franchise Agreements that Time Warner Cable had acquired from Cablevision Industries in 1995. Although Time Warner Cable stopped overcharging franchise fees to consumers and voluntarily made $1.4 million in refunds to subscribers in eight towns in 2007 and 2010, it continued to overcharge consumers in the ten towns and villages covered by this agreement.

A Franchise Agreement is a contract that local governments negotiate with cable companies granting the right to offer services and use public facilities. Some of the Franchise Agreements at issue limited the fee Time Warner Cable paid the town to 3% of gross revenues, and prohibited the cable company from billing subscribers any part of this cost. Other Franchise Agreements required Time Warner Cable to pay a 5% franchise fee and permitted Time Warner Cable to pass-through two-fifths of this fee to subscribers.  The municipalities also had the option to voluntarily allocate two-fifths of the fee to a fund subsidizing the cost of expanding the cable network in their communities, in which case none of the fee was permitted to be passed-through to consumers. The Attorney General’s investigation found that Time Warner Cable violated both types of Franchise Fee restrictions.

As a result of the settlement, Time Warner customers will receive credits on their bill within 90 days, with the amount proportional to their monthly subscription charges. Individual overcharges vary by customer and town, but average $119 with accumulated interest. As part of the Attorney General’s investigation, Time Warner Cable reviewed its records of all its New York Franchise Agreements purchased from Cablevision and identified no other towns where similar overcharges had taken place during the period from 2007 to 2013.

The Oscars viewing party in Shreveport nearly never happened late last month when Comcast dropped the ball and left a “Technical Difficulties” message on subscribers’ screens for several hours. An enterprising technician at a local TV station saved the day when he found old-fashioned rabbit ears and a digital tuner in the back of his truck and was able to get the local ABC affiliate’s over-the-air signal on the big screens at the Robinson Film Center.

The technical foul-up was just the latest embarrassment for Comcast, not only because the outage impacted subscribers across a 75-mile radius, but also because Shreveport has a thriving partnership with the film industry. It also may be the breaking point for city officials tired of hearing complaints Comcast refuses to fix themselves.

Comcast blamed the latest widespread outage on a power problem.

“Comcast experienced a commercial power outage Sunday night,” said Frances Smith, a representative from Comcast’s government and regulatory affairs. “We are investigating and indications are that a resulting power surge damaged the switch that transfers the headend operation to a generator. We restored the majority of service within two hours and deeply regret the inconvenience to our customers.”

No refunds or service credits for customers are planned, unless those affected specifically ask for them within 30 days of the outage.

Comcast’s 15-year franchise with the city of Shreveport expired at the end of 2012 and the company is not making any friends on the Shreveport City Council as renewal discussions plod on while complaints from subscribers continue to pour in.

Most of the problems with Comcast service in Louisiana’s third largest city relate to the length of service outages, unresponsive customer service, and the quality of cable TV reception.

Webb

Comcast officials promised upgrades six years ago to address reliability issues, but city councilman Ron Webb says he hasn’t seen them and Comcast never delivered.

“We’re not trying to run them out of town,” Webb told KTRE-TV. “I want them to provide a good service. I have everything that I own bundled with them, and I’m paying dearly for it. But I’m happy to have the service. But I just want to see those improvements. I have the same problems.”

City officials are expecting Comcast officials to appear before the city council this evening to explain themselves and report on what plans they have to fix ongoing service complaints.

As it stands, Comcast continues to operate in Shreveport on a month-to-month basis until either a new franchise agreement is signed or another cable company responds to the city’s invitations to apply for a franchise. To date, no cable company has been willing to challenge Comcast’s presence in the city. In fact, Dale Sibley, the city’s chief administrative officer told the Shreveport Times no company even responded to their requests.

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Comcast’s problems have been ongoing in Shreveport for years. Last September, KTBS hinted that the city was considering replacing Comcast with a different cable operator. But as other cities have already learned, no major cable operator is willing to challenge another. (Sept. 19, 2012) (3 minutes)

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The night of the Academy Awards was a low-key affair in Shreveport after Comcast went out of service across the city for at least two hours, leading to questions from city officials. KTBS in Shreveport rescued at least some viewers attending a downtown reception when a station technician hooked up an antenna and picked up the station’s broadcast signal. (3 minutes)

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At least 24 hours after Comcast’s February outage, some subscribers were still without cable service, despite claims from the cable company the outage only lasted two hours. KMSS in Shreveport reports.  (1 minute)

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KSLA in Shreveport says Comcast’s ongoing service problems are being heard by members of the city council. Now some say the company never followed through on service improvements promised six years earlier.  (2 minutes)

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The Shreveport Times talks about tonight’s city council meeting which is scheduled to discuss Comcast’s service problems, the company’s franchise renewal, and obstacles that prevent another provider from taking over and delivering better service.  (3 minutes)

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Bob Mudge, president of consumer mass business markets at Verizon Communications, Inc., has reaffirmed Verizon FiOS has no plans to implement usage caps or consumption billing on its fiber to the home broadband customers. Mudge also told Bloomberg News that broadband speed really does matter. Nearly 50 percent of FiOS customers have chosen to upgrade to at least 50Mbps service, which is priced just $10 higher than its entry-level 15Mbps plan. Mudge also talked about changes Verizon is making for FiOS installations in New York City. Twenty-five so-called “Magic” buses will replace 250 single technician trucks, transporting teams of technicians to small businesses and homes in and around the Big Apple.  (6 minutes)

Windstream Communications is under investigation by the Governor’s Office of Consumer Protection because of allegations the company is advertising broadband speeds and performance the company simply cannot deliver its customers in Georgia.

A Windstream employee in a company retail office in Dawsonville told an undercover CBS Atlanta photographer that the company can offer Internet speeds up to 24Mbps. He guaranteed service no slower than 6 to 12Mbps. But Mark Creekmore, who lives in Dawsonville, reports his speeds sometimes barely reach 1Mbps during the afternoons.

Duane Hartness, a Windstream customer, says Windstream has oversubscribed their service by continuing to sell broadband on a network that is overcrowded as-is, which slows speeds for every customer.

“Every customer they add to their oversubscribed DSLAM increases their revenue while further degrading your bandwidth,” Hartness said. “Lacking competition, they can ignore any and all complaints.”

Creekmore wants every Windstream customer in Georgia that is dissatisfied with their broadband service to file complaints with the state agency.

“The more complaints, the more likely the Office of Consumer Protection is to take action,” Creekmore said. “Please make sure to include that you are not getting what you are paying for and any other personal detail that would help them understand what you have gone through. If you have had multiple communications with Windstream, please include those details as well. In short, the more detail the better.”

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WGCL — CBS Atlanta reports there are new developments in Georgia regarding Windstream: It is under investigation by the governor’s office for misleading subscribers with broadband speeds the company cannot actually deliver.  (3 minutes)

The FCC finds Windstream is the worst of the worst among DSL providers, only giving customers advertised speeds 81 percent of the time. AT&T, Georgia’s largest phone company, doesn’t do much better.

Windstream is the worst-performing DSL provider in the country according to the Federal Communications Commission, with just 81 percent of customers getting the broadband speeds marketed.

After complaints about the company helped derail H.B. 282 — a bill Windstream heavily lobbied for that would have eliminated possible competition from community-owned providers — Windstream representatives quickly began promising upgrades.

“We’re asking our customers to be patient with us because we’re on it. We understand that they have issues and we’re working to upgrade their network,” Bettye Willis, a regional vice president at Windstream, told the CBS station in Atlanta.

Willis added Windstream was committed to solving its Internet speed problems, but not for everyone.

The company released this map showing planned service upgrades for “two-thirds of the communities it serves” in Georgia. But the company warned not everyone would receive improved service. For the remaining one-third, “take it or leave it” broadband service will continue.

Powell

Georgia’s House of Representatives on Thursday killed a bill that would have made community-owned broadband networks difficult to build and impossible to expand.

House Bill 282 failed with a bipartisan vote — 94 against and 70 for, with the help of Democrats and rural Republicans who represent poorly wired districts.

The measure would have made Georgia the 20th state to place impediments on public broadband networks, usually built in areas where incumbent providers have failed to offer good service.

Rep. Jay Powell (R-Camilla) told the Atlanta Journal-Constitution he voted against the measure because the lack of broadband has already cost his community economic development opportunities.

“You cannot get it, you cannot keep it without high speed fiber,” Powell said. The provider, he said, “ wouldn’t provide it because they knew they didn’t have to. They provided whatever crumbs from the table they wanted.”

The majority of those voting for the broadband ban were Republicans, but a curious block of mostly urban Democratic legislators also supported the bill.

Stop the Cap! encourages Georgia readers to reach out to these elected officials and let them know you are disappointed with the way they voted on this measure. It is more likely than not that another version of this bill will be introduced next year, making it critical that likely supporters of anti-broadband bills have an ample warning in advance you will be watching them:

1. Alex Atwood (R – Brunswick) District 179
2. Mandi L. Ballinger (R – Canton) District 23
3. Timothy Barr (R – Lawrenceville) District 103
4. Ellis Black (R – Valdosta) District 174
5. Buzz Brockway (R – Lawrenceville) District 102
6. Bob Bryant (D – Garden City) District 162
7. Jon G. Burns (R – Newington) District 159
8. John Carson (R – Marietta) District 46
9. David Casas (R – Lilburn) District 107
10. Joyce Chandler (R – Lawrenceville) District 105
11. Mickey Channell (R – Greensboro) District 120
12. Mike Cheokas (R – Americus) District 138
13. Christian Coomer (R – Cartersville) District 14
14. Sharon Cooper (R – Marietta) District 43
15. Robert Dickey (R – Musella) District 140
16. Matt Dollar (R – Marietta) District 45
17. Mike Dudgeon (R – Johns Creek) District 25
18. Geoff Duncan (R – Cumming) District 26
19. Earl Ehrhart (R – Powder Springs) District 36
20. 

    Virgil Fludd: Voted against community broadband.

    Virgil Fludd (D – Tyrone) District 64

21. Carol Fullerton (D – Albany) District 153
22. Mike Glanton (D – Jonesboro) District 75
23. Mark Hamilton (R – Cumming) District 24
24. Ben Harbin (R – Evans) District 122
25. Brett Harrell (R – Snellville) District 106
26. Calvin Hill (R – Canton) District 22
27. Bill Hitchens (R – Rincon) District 161
28. Penny Houston (R – Nashville) District 170
29. Mike Jacobs (R – Brookhaven) District 80
30. Rick Jasperse (R – Jasper) District 11
31. Jan Jones (R – Milton) District 47
32. Sheila Jones (D – Atlanta) District 53
33. Darryl Jordan (D – Riverdale) District 77
34. David Knight (R – Griffin) District 130
35. Edward Lindsey (R – Atlanta) District 54
36. Chuck Martin (R – Alpharetta) District 49
37. Howard Maxwell (R – Dallas) District 17
38. 

    O’Neal: Voted to protect incumbent providers.

    Rahn Mayo (D – Decatur) District 84

39. Billy Mitchell (D – Stone Mountain) District 88
40. Alisha Thomas Morgan (D – Austell) District 39
41. Greg Morris (R – Vidalia) District 156
42. Chad Nimmer (R – Blackshear) District 178
43. Larry O`Neal (R – Bonaire) District 146
44. Butch Parrish (R – Swainsboro) District 158
45. Don Parsons (R – Marietta) District 44
46. Allen Peake (R – Macon) District 141
47. Alan Powell (R – Hartwell) District 32
48. Jimmy Pruett (R – Eastman) District 149
49. Matt Ramsey (R – Peachtree City) District 72
50. Nikki T. Randall (D – Macon) District 142
51. Tom Rice (R – Norcross) District 95
52. Jay Roberts (R – Ocilla) District 155
53. Carl Rogers (R – Gainesville) District 29
54. 

    Smith: A business owner that doesn’t mind if rural Georgia is left behind.

    Ed Rynders (R – Albany) District 152

55. Jason Shaw (R – Lakeland) District 176
56. Donna Sheldon (R – Dacula) District 104
57. Barbara Sims (R – Augusta) District 123
58. Earnest Smith (D – Augusta) District 125
59. Lynn Smith (R – Newnan) District 70
60. Calvin Smyre (D – Columbus) District 135
61. Jason Spencer (R – Woodbine) District 180
62. Ron Stephens (R – Savannah) District 164
63. Valencia Stovall (D – Ellenwood) District 74
64. Willie Talton (R – Warner Robins) District 147
65. Jan Tankersley (R – Brooklet) District 160
66. Sam Teasley (R – Marietta) District 37
67. Ben Watson (R – Savannah) District 166
68. Al Williams (D – Midway) District 168
69. “Coach” Williams (D – Avondale Estates) District 87
70. John P Yates (R – Griffin) District 73