Charter Communications this afternoon submitted its annual update to the New York Public Service Commission, a condition of its approved merger with Time Warner Cable.

The cable company argues the merger has already delivered substantial pro-consumer benefits, including faster internet speeds, a low-income broadband program, no loss of New York jobs, and more upgrades to come.

Some highlights for customers in New York State:

All-Digital Conversion

• The handful of Charter legacy cable systems in New York have already been converted to all-digital service.
• Former Time Warner Cable systems in New York City, Syracuse, and the Hudson Valley are now all-digital.
• Albany will be converted to all-digital service in late 2017.
• Rochester and Buffalo will be converted to all-digital service in early 2018.

Broadband Speed Upgrades

• As of March 14, 2017 all Charter customers in New York can subscribe to at least 100Mbps service. ($105/mo, $199 setup fee)
• Charter has been actively rebuilding its Chatham system in Columbia and Rensselaer counties to provide broadband service. Project completion dates: In Rensselaer County, Berlin and Petersburgh expected to be done by the end of the third quarter 2017. In Columbia County, construction is scheduled to begin in May 2017, with a target completion date set for the end of first quarter 2018.

Cable Expansion

Since the last build-out update was filed on February 17, 2017, Charter has completed build-out to an additional 5,039 passings and has now completed build-out to a total of 15,164 passings across 56 counties and approximately 1,018 municipalities. Major areas of completed passings include, but are not limited to, the following:

• Albany County for approximately 1,330 passings, including the Village of Menands, Towns of Colonie, Cohoes, Bethlehem, Voorheesville, Selkirk, and New Scotland, and the City of Albany.
• Broome County for approximately 151 passings, including areas such as the Barker, Binghamton, Conklin, Endicott, Lisle, Marathon, Vestal, and Whitney Point.
• Cortland County for approximately 154 passings, including areas such as the Towns of Cincinnatus, Cortland, Cortlandville, Homer, Virgil, and Truxton.
• Erie County for approximately 2,029 passings, including areas such as the Towns of Amherst, Boston, Clarence, Colden, East Concord, Depew, Grand Island, Holland, Orchard Park, Derby, Lancaster, Eden, Springville, Williamsville, West Seneca, and the City of Buffalo.
• Genesee County for approximately 157 passings, including areas such as the Towns of Batavia, Elba, and Alexander.
• Kings County for approximately 390 passings in Brooklyn.
• Livingston County for approximately 196 passings, including areas such as the Towns of Honeoye Falls and Dansville.
• Monroe County for approximately 1,797 passings, including areas such as the City of Rochester, Town of Perinton, Greece, Penfield, North Chili, Webster, Pittsford, Ontario, Spencerport, and Gates.
• New York County for approximately 575 passings in the City of New York.
• Niagara County for approximately 297 passings, including areas such as the Towns of Cambria, Lockport, Lewiston, Niagara Falls, Newfane, North Tonawanda, Sanborn, Pendleton, Youngstown, and Wilson.
• Oneida County for approximately 221 passings, including areas such as the Towns of Utica, Rome, Clinton, Camden, Cassville, and Marcy.
• Onondaga County for approximately 787 passings, including areas such as the City of Syracuse, Village of Camillus, and Towns of Cicero, Baldwinsville, Liverpool, Chittenago, Clay, Homer, Manlius, and Marcellus.
• Ontario County for approximately 442 passings, including areas such as the Towns of Clifton Springs, Canandaigua, Phelps, and Victor.
• Orange County for approximately 429 passings, including areas such as the Towns of New Windsor, Middletown, Salisbury Mills, Montgomery, Goshen and Woodbourne.
• Oswego County for approximately 146 passings, including areas such as the Towns of Pulaski, Fulton, Parish, Albion, Altmar, Camden, and Central Square.
• Rensselaer County for approximately 376 passings, including areas such as the Towns of Castleton on Hudson, Cropseyville, Brunswick, Hoosick Falls, Nassau, Johnsonville, Sand Lake, East Greenbush, and Wyantskill, the City of Rensselaer, and the City of Troy.
• Saratoga County for approximately 1,854 passings, including the Towns of Milton, Stillwater, Clifton Park, Ballston Lake, Ballston Spa, Halfmoon, Round Lake, Mechanicville, Malta, Waterford, and Wilton, and the City of Saratoga Springs.
• Schenectady County for approximately 218 passings, including areas such as the Village of Delanson, Towns of Esperance, Niskayuna, Duanesburg, Glenville, and Rotterdam, and Burnt Hills, and the City of Schenectady.
• Schoharie County for approximately 106 passings, including areas such as the Towns of Middleburgh, Cobleskill, Jefferson, and Schoharie.
• St. Lawrence County for approximately 171 passings, including areas such as the Towns of Canton, Massena, Potsdam, and Gouverneur.
• Sullivan County for approximately 639 passings, including the Towns of Fallsburg, Liberty, Monticello, Victor, Thompson, Loch Sheldrake, Swan Lake, Bethel, and White Lake, and the Villages of Woodridge and Wurtsboro.
• Tompkins County for approximately 303 passings, including areas such as the Towns of Ithaca, Slaterville Springs, Groton, and Newfield, and the City of Ithaca.
• Ulster County for approximately 537 passings, including the Towns of Accord, Hurly, Rochester, Ulster, Kerhonkson, New Paltz, Greenfield Park, Woodstock, and Saugerties, and the City of Kingston.
• Warren County for approximately 107 passings, including areas such as the Towns of Lake George, Warrensburg, Queensbury, and Glens Falls.
• Wayne County for approximately 192 passings, including the Towns of Palmyra, Ontario, Macedon, Walworth, Newark, Sodus, and Williamson.

Ed. Note: Nothing precludes Charter from including new housing developments and similar projects in these numbers where it would have provided service regardless of the Order from the PSC.

The Availability of Time Warner Cable’s Unrestricted $14.99 Everyday Low Price Internet Tier

Charter has continued to offer new subscribers in TWC’s New York territory the TWC standalone Everyday Low Price $14.99 broadband service, at speeds no less than those being offered at the time of the merger order, and will continue to offer this to new subscribers for up to two years after close (until May 17, 2018). Any customer is qualified to subscribe to this service, which provides around 2Mbps of internet speed.

Ed. Note: This service is not advertised or mentioned in any way on Charter/TWC’s marketing website and many Stop the Cap! readers in New York have told us Charter sales representatives have repeatedly told them the service is not available, so this claim is in dispute.

Existing customers with the Everyday Low Price tier at the time of closing will be allowed to retain this product for a minimum of three years, which the Commission has set to “run concurrently with the two-year period in which Charter must continue to offer the service to new customers.” New subscribers will be able to retain the product until at least May 17, 2019.

$14.99 Low Income Broadband Service “Spectrum Internet Assist”

First available in the Plattsburgh area in November, 2016, Spectrum Internet Assist has now expanded to former Time Warner Cable territories in New York.

For $14.99 a month, qualified customers get 30/4Mbps broadband service. Wi-Fi service is available for an extra $5 a month. Customers must qualify for at least one of these low-income benefit programs:

• The National School Lunch Program (NSLP); free or reduced cost lunch
• The Community Eligibility Provision (CEP) of the NSLP
• Supplemental Security Income (SSI) ( ≥ age 65 only)

(Programs that do not qualify include: Social Security Disability (SSD), Social Security Disability Insurance (SSDI), and Social Security Retirement and Survivor Benefits are different from Supplemental Security Income (SSI) and do NOT meet eligibility requirements.)

Improved Customer Service

Charter is required to invest a minimum of $50 million in service improvement programs for the specific benefit of New York operations.

A former Time Warner Cable call center.

Much of this money was apparently spent on a new national Spanish language call center based outside of New York.

A large proportion of the rest of Charter’s investment was spent on changing signs on Time Warner Cable stores and rebranding them as Spectrum, deploying new self-service apps and services Charter would have released on its own regardless of this requirement to reduce expensive customer service contacts, and moving towards customer self-install kits instead of sending out a cable technician to cut Charter’s own costs.

Charter has already spent money on rebranding its service trucks and buying more of them to not send to your house if they can avoid it.

Charter also reported it will spend a portion of that mandatory investment on opening a new Charter Cable Store in Washington Heights, in a “culturally diverse neighborhood in the northern portion of the New York City borough of Manhattan.” Almost all the staff will be bi-lingual.

And to deal with the long lines at Charter’s cable stores, an upgraded queuing system will be bought to allow customers to check-in to “a virtual line.”

Next year, it will spend money on a new on-screen cable guide.

Reducing Customer Complaints

Now more than ever, dissatisfied former Time Warner Cable customers can have a major impact on Charter’s ability to achieve a real reduction in the number of complaints filed by New Yorkers with the PSC. Charter is required to show a 17.5% reduction in complaints over 2014 numbers and a 35% reduction by 2020.

All Charter can report for now is that “the company is making major investments in various customer service initiatives which may have a positive impact on these complaint rates in the future.”

If you are unhappy with your service, filing a PSC complaint may get much greater attention than ever before because it threatens Charter’s ability to meet the terms of its agreement with the state, and could get the company fined.

Data Caps

While former FCC Chairman Thomas Wheeler managed to get up to a seven-year commitment from Charter not to impose data caps on residential customers, Charter has deleted that reference in its annual update to New York regulators, perhaps with the assumption current FCC Chairman Ajit Pai can be relied on to eventually eliminate that pro-consumer benefit of the transaction.

For New Yorkers, Charter will only guarantee it will not introduce data caps on its broadband service for the next three years, ending May 17, 2019. In other states, should the FCC eliminate the data cap ban included in Charter’s merger agreement, the company can apply data caps immediately.

Who you voted for in the last presidential election could make all the difference between having data caps and not having data caps in 2020.

Charter Communications customers that fall past-due on their cable bills can expect a personal visit from a contractor looking for payment or your cable equipment if you refuse to pay and get disconnected.

Spectrum’s designated “door collector” in several states is Makotek, which claimed in a Craigslist ad recruiting new workers that it “is contracted by Spectrum to handle non-pay work orders for their entire New York footprint. We are now hiring for our office in all areas in Central N.Y.”

While its recruiting and training videos emphasize its workers should be polite and professional, the firm prominently displays a shark in its logo.

“Door collectors” are usually sent by cable operators after service is disconnected from the office for non-payment. Their mission is to collect past-due payments anyway possible, even if it takes a post-dated check. A training video emphasizes the psychology employed by door collectors to get paid or retrieve the company’s equipment from customers who won’t or can’t bring their account current.

Employees are advised to park their truck near a utility pole to send an impression permanent service disconnection is imminent. They are also advised to repeatedly return to a customer’s home to find someone authorized to cut them a check or make a credit card payment. The training video details how to respond to the myriad of excuses customers can give for not paying, and what to do when a customer becomes irate. At all times, employees are told to stay focused on one thing: payment in full.

Makotek is not the only door collector employed by the cable industry. Boxco manages door collections for Comcast and its help wanted ad suggests the caliber of candidates it apparently attracts:

REQUIREMENTS- If you have worked Comcast, you know the drill. ** Excellent Verbal Communication skills – SPANISH SPEAKING is a plus! **Weekdays til 9pm and Saturday work hours ** NO FELONY or Aggravated Misdemeanor Conviction in past 10 Years ** Pass yearly or on demand Drug Screen ** YOU WILL NOT ENTER ANY HOME WITHOUT AN ADULT PRESENT ** Clean Cut Appearance with friendly attitude. ** Presentable Car or Late Model Truck/Van in good running condition ** Active Cell Phone-(with Text Messaging)

Here is how Makotek trains its workers to rescue past-due cable accounts. Take away message: They have already heard every excuse. (18:03)

Just days before the finalizing of the acquisition of Time Warner Cable by Charter Communications, customers in Central New York were a week away from the completion of Time Warner Cable’s Maxx upgrade program targeting Syracuse and other communities in the region. But once Charter took over, all upgrades were put on hold, leaving some customers with Maxx speeds of 300Mbps while others languished with top speeds of 50Mbps.

Good news for those customers, at least. In a communication with the New York State Public Service Commission, Charter told regulators it intends to focus its efforts on completing those upgrades over the course of 2017. In fact, it will likely be the only region of New York targeted for speed upgrades of up to 300Mbps this year. For other upstate cities including Buffalo, Rochester, and Binghamton, Charter has upgraded its top speed to 100Mbps for those willing to pay approximately $105 a month and a one-time upgrade fee of $199.

Sometime this year, those New York communities still not able to buy 300Mbps will commence a full transition to all digital and encrypted cable television service, a prerequisite for the faster broadband speeds. Charter has a deadline of 2019 to introduce up to 300Mbps service across all areas it services in New York State. The company seems to hint it will achieve that well before the deadline, which likely means sometime in 2018.

In February, the cable company also reported it had completed building out new service to an additional 2,860 homes across 49 counties and approximately 250 municipalities. But the company is committed to expanding service to approximately 145,000 New York households, which means it has a long way to go. This week, Charter formally applied for an extension of the deadline, blaming utility pole owners for taking too long to “make-ready” utility poles for cable service and admitting it will fall short of regulator expectations.

The areas where Charter has most recently managed to complete expanded service areas include:

• Albany County for approximately 281 passings, including the Village of Menands, Towns of Colonie, Bethlehem, and New Scotland, and the City of Albany.
• Erie County for approximately 336 passings, including areas such as the Towns of Amherst, Boston, Orchard Park, Derby, and the City of Buffalo.
• Kings County for approximately 285 passings in Brooklyn.
• New York County for approximately 553 passings in the City of New York.
• Saratoga County for approximately 373 passings, including the Towns of Milton, Northumberland, Stillwater, Clifton Park, Ballston Lake, Halfmoon, and Wilton, and the City of Saratoga Springs.
• Sullivan County for approximately 84 passings, including the Towns of Fallsburg, Liberty, Victor, Thompson, and the Village of Woodridge.
• Ulster County for approximately 143 passings, including the Towns of Rochester, Ulster, and Saugerties, and the City of Kingston.
• Wayne County for approximately 78 passings, including the Towns of Macedon, Walworth, Newark, and Williamson.

AT&T has spent the last several years laying the foundation to pull the plug on its wired legacy landline service.

In preparation for a transition away from Plain Old Telephone Service (POTS), AT&T is notifying customers of a change to the residential service agreement governing home phone service. The company has added a new section entitled “Network Changes” that gives AT&T the right to temporarily suspend landline service to replace it either with AT&T’s U-verse “Voice over IP” service which may also be called as VoIP Phone Systems, or a wireless home phone alternative. In addition, businesses that need proactive call answering strategies to improve customer retention may consider getting help from professional services like Onwards Answering. The agreement requires customers to accept the transition, allow technicians to enter the customer’s home to install new equipment, and permits AT&T to use the customer’s electricity to power that equipment. If a customer refuses to grant entry, AT&T can permanently disconnect your landline phone service without recourse.

Similar contract language was introduced in other areas where wireless home phone equipment was intended to replace traditional landline service in areas where a local phone company chose not to repair or upgrade its facilities. AT&T intends to enforce the agreement in areas where it serves as the local landline phone company.

d. Network Changes.

AT&T reserves the right at any time to temporarily suspend or interrupt Services to make necessary changes in how we provide Services to your premises. We will provide advance notice of these network changes to the extent required by this Agreement, applicable law, and regulation. In some cases, such changes in how we provide Services may require a technician to be dispatched to your home to install new network equipment at your premises and transfer your service to the new network equipment in order to ensure you continue to receive such Services. The network equipment we install at your home may require the use of your electrical power for the operation of our facilities. Where a technician visit is required, if you do not allow AT&T to install the new network equipment at your premises, your telephone service may be disconnected in compliance with subsection (b) above.

(Image courtesy: “Ramsaso” of Houston, Tex.)

Charter Communications has begun forcing some former Time Warner Cable customers into new Spectrum packages and pricing without their permission, causing customers to lose channels, pay higher prices, and have to exchange working cable boxes at a cost of up to $24.

The cable operator has begun “sweeping” accounts looking for customers it deems to have paid too little for too long or who are getting grandfathered cable channels the company feels they are no longer entitled to receive.

One of the first cities to be hit with Charter CEO Thomas Rutledge’s ‘account sweeps for more cash’ initiative is Lexington, Ky., where longtime customers are discovering their cable service is missing more than a dozen channels with no warning or explanation.

Daniel Fitzgerald discovered many of his cable channels were gone, replaced with a message that his subscription no longer included the cable channels that had been a part of his Standard cable package for years.

“I thought, ‘What the hell? I just paid the cable bill,’” Fitzgerald told the Herald-Leader last week at his tiny Lexington apartment he shares with his disabled 16-year-old son.

It turns out he wasn’t paying enough to satisfy Charter Communications.

A Spectrum representative told Fitzgerald that he hadn’t been paying Time Warner enough for the standard cable package. If he wanted those channels back, his monthly bill for cable and internet would jump $36 a month, from $103 to $139, effective immediately. No new channels, no new features, just a new much higher bill. To add insult to injury, the representative didn’t much care for the cable box Time Warner Cable provided him several years earlier and demanded its replacement, for a $24 service fee to send a technician out to check his service and replace his equipment.

When Fitzgerald attempted to negotiate with the cable company that claims it’s a “new day” for how cable companies treat their customers, the representative promptly cut him off.

‘This is Spectrum’s deal, take it or leave it,’ he was told.

“It was bull crap,” Fitzgerald said. “They don’t give us any notice, they just spring it on us in the middle of the month. And then they tell us we’re getting an ‘upgrade.’ This isn’t an upgrade, it’s the same channels we already had!”

Fitzgerald was not the only customer affected with Charter’s “surprise ‘upgrade,'” according to Lexington city officials, whose phones have rung off the hook about cable channels being held ransom for steep rate increases.

City officials who called on Spectrum to explain themselves eventually heard back from the cable company in a terse e-mail claiming Charter has begun performing “sweeps of customer accounts” looking for customers who have got too good of a deal from the cable company. Those customers are then summarily “repackaged” with no warning. Charter was busy “repackaging” a lot of Fitzgerald’s neighbors in his Alexandria Drive apartment building as well.

Rutledge told Wall Street investors this quarter it was all a part of Charter’s commitment to “move prices in the right direction.”

At Ximena McCollum’s home in Lexington, Charter cut off the NCAA men’s basketball tournament in-progress. When McCollum called Spectrum, she was informed she was “repackaged” as well, and could get her basketball game back for the right price: $45 more every month.

The customer service representative told her the channels she claimed she was getting were no longer part of her subscription.

“So if I had been getting them, I shouldn’t have been getting them,” McCollum said last week. “I told her that I’ve lived in this house for seven years. I’ve always had the same channels. She kept insisting that I wasn’t supposed to be getting these channels unless I paid them some ridiculous price. You could tell that she was confused and reading from some sort of script they had given her. Finally, I said, ‘Just cancel my subscription. I cut the cord.”

The Herald-Leader reported the “repackaging” comes down to one issue: money. Charter wants more, a lot more in some cases.

Rutledge has repeatedly claimed Time Warner Cable was effectively giving away the store and kowtowing to appease customers with lower rates when they complained about their cable bill. As far as Rutledge is concerned, the iron hand of discipline for former Time Warner customers is long overdue.

Rutledge promised he will force higher cable prices this spring as the company starts driving customers out of the Time Warner Cable packages into more expensive Spectrum packages. The company does that by allowing bundled discounts and promotions to expire on existing Time Warner packages, which results in sometimes-shocking rate increases of $50 or more per month. When customers call to complain, they are pushed towards slimmed-down Spectrum TV packages that cost slightly more than what customers used to pay and include more than a dozen fewer cable channels.

No one is exempt from being herded into Spectrum’s vision for the future. Even some of the city government’s office televisions have gone dark after “repackaging.”

Mossotti

City councilwoman Jennifer Mossotti got the Spectrum treatment as well, told if she wanted to keep her cable service, she needed to pay $21.50 more a month. Mossotti assumed she could whittle that amount down by dropping her Time Warner Cable phone service, but Spectrum told her that would cost her even more because it would break up her triple play bundle, resulting in an even bigger rate hike.

Lexington officials claim they feel held hostage by Charter and the ransom the city and its citizens have to pay doesn’t get them better service, just the same service they used to have for more money.

“It’s frustrating to the Nth degree. People are calling our offices daily about this,” Mossotti told the newspaper. “We felt like we at least had a little leverage with Time Warner. You could talk to them and usually you could work something out. With Spectrum, everything falls on deaf ears.”

In the face of the public relations disaster this is causing Charter in Kentucky, company representatives are trying to shift the blame on to customers, claiming they have been freeloading channels that have been part of legacy cable packages from years earlier that were either grandfathered or long forgotten, and Charter is simply tidying up.

For example, a local man who lives on Social Security benefits and who received the same cable lineup for 20 years “has only been paying for the Starter TV package,” Jason Keller, Charter’s senior director of government affairs, told city officials in an April 10 email. “The most recent sweep of customer accounts is what knocked out the channels, since he wasn’t paying for them. However, we’ve now repackaged him into a new service offering that has restored the channels and provides him with a new HD box.”

Keller did not respond to calls from the Herald-Leader asking how many Lexington customers now face higher cable prices.

In a prepared statement, Charter spokesman Michael Pedelty wrote: “Time Warner Cable was providing some programming inadvertently to a small number of customers whose packages didn’t include them. We want our customers to have the best quality and most reliable video experience. Earlier this year, we started a network project that adds an element of security and ensures individual channels are encrypted and available exclusively to those who subscribe to them.”

A few Lexington area residents told Stop the Cap! they felt abused by the entire process.

Barbara Montgomery, a subscriber of Charter (and two of its predecessors) claims she faced a higher bill after many of her channels disappeared a few weeks ago.

“We were ‘repackaged’ and told it would cost us $34 to get channels back,” Montgomery told us. “The [Charter] guy literally told us ‘tough luck, honey!'”

Edgar, who withheld his last name, reported that a Charter representative came close to accusing him of being a cable thief for getting channels he was not supposed to receive.

“I had this cable package for 27 years, no less and no more, and the last two companies – Insight and Time Warner Cable – let me keep paying for it year after year and I never saw any reason to change it,” he told us. “But Charter did, and on their own. One day the channels were there, the next day they were not. They tell you it’s too bad but that is way things are with Spectrum and they keep telling me their internet service is better, but I am 92 years old and don’t even have a computer.”

The experience of customers in Lexington may explain why tens of thousands of former Time Warner Cable customers are dropping Spectrum like a hot rock when the rate increase hits. For Rutledge, who was rewarded with a $98.5 million pay package in 2016, charging current customers a lot more for cable service more than makes up for the former subscribers they manage to drive off. For him, customers either get with the Spectrum program or they can go somewhere else, if there is somewhere else for customers to go.

From: Charter Communications’ 1Q 2017 investor presentation

Those experiencing the Spectrum Treatment are switching to AT&T U-verse, although AT&T is trying very hard to get them to sign up for DirecTV instead.

Montgomery tells us AT&T really doesn’t want their cable business, but they will sell her an expensive cell phone or satellite TV.

“AT&T is a happy hog making a lot of money in the cell phone business, but they sure don’t want to spend much on giving me TV service, and told me I’d be happier with satellite TV,” she said. “If I wanted satellite TV, I would have called DirecTV or Dish myself.”

The other option for parts of Lexington is Windstream’s Kinetic TV, a fiber to the neighborhood service available in some Windstream service areas. But Kinetic TV is getting mixed reviews from customers who have the service, and for those that want broadband, Kinetic speeds don’t cut it for many.

While Rutledge figures out how to spend his eye-popping compensation package, those on fixed incomes like Fitzgerald who live on less than $1,000 a month are trying to figure out where they will get the extra money to pay Charter.

Fitzgerald was giving the cable company $103 a month for standard cable television with no premiums and internet service. Now Spectrum wants 35% more for the same service he used to get.

A nearby neighbor told Fitzgerald and the newspaper their Spectrum bill went up $18 a month.

“A five dollar increase, OK, fine, I guess I could deal with that,” the neighbor said. “But twenty bucks just because a new company comes in? This is felonious. What am I gonna do, tell Social Security that I need $20 more every month because Spectrum wants it? It doesn’t work that way.”

“There ain’t much you can do about it, though,” Fitzgerald told the neighbor. “They’re the cable company.”