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Consumer Action Alert: Charter/Spectrum Customers Should Opt Out of Mandated Arbitration

Charter Communications/Spectrum customers (including former Bright House and Time Warner Cable customers) need to take a moment to protect their right to collect damages from future class action cases likely to be filed over the company’s alleged failure to deliver advertised broadband speeds and in the case of Time Warner Cable, the alleged provision of obsolete cable modems for which the cable operator charged customers $10/month.

Charter customers are finding this fine print notice on their cable bills designed to strip away their right to collect potentially substantial settlements that could eventually exceed $100 because of inadequate service:

The terms and conditions applicable to your services contain a binding arbitration provision, which includes a waiver of class actions and provisions for opting out of arbitration and affects your rights with respect to all services.

Customers can protect their rights by sending this short letter to Charter’s general counsel within the next 30 days, which will opt you out of company-friendly mandated arbitration and allow you to participate in future class action cases and settlements. The letter will have no impact on your service or any promotional offers you receive.

March 17, 2017

VP and Associate General Counsel, Litigation
Charter Communications
12405 Powerscourt Dr.
St. Louis, MO 63131

Re: Arbitration Opt-Out

To Whom It May Concern,

As per your subscriber notice, this letter serves as my notice to you that I wish to opt out of Charter Communication’s arbitration provisions and do not want to be bound by that condition. I do not wish to resolve disputes with Charter through arbitration.

I would appreciate receiving confirmation you have received this letter and have accepted this notification.

Subscriber Name (as shown on bill): 
Subscriber Address:
City/St/Zip Code:
My Account Number (as shown on bill): 

Yours very truly,

//Signature
Printed Name

Wall Street Panic Attack: Verizon’s Unlimited Plan Will Destroy Profits, Network Reliability

Verizon Wireless’ new unlimited data plan threatens to destroy everything, fear Wall Street analysts in an open panic attack over the prospects of value destruction and network reliability damage.

“An unlimited offer is dangerous,” Roger Entner, an analyst at Recon Analytics LLC, told Bloomberg News. “If they sign up a lot of people, it will congest the network, and they run the risk of people saying ‘the network sucks’.”

The return of unlimited data at Verizon (with a protective right to throttle customer speeds after they consume 22GB of data during the month) seems to have triggered anxiety on Wall Street because Verizon was the most adamant about never offering unlimited plans again after dropping them in July, 2011. Part of that fear may have come from Verizon’s own former chief financial officer Fran Shammo who warned investors last fall:

“The majority of people don’t need unlimited plans. But the people who use unlimited plans can be abusive, they can really wreak havoc to your network. And at the end of the day, I continue to say you cannot make money in an unlimited video world. You just can’t do it because you need to generate the cash flow to keep up with your demand.”

What also concerns Wall Street is the increasing evidence an all-out price war provoked by T-Mobile and Sprint will threaten to close some doors on network monetization. Charging customers for data consumption has a growth prospect that would have guaranteed increasing average revenue per customer indefinitely. But unlimited plans mean consumers pay one flat price for data no matter how much they consume. Consumers love it. Wall Street analysts generally don’t.

Other analysts are concerned that Verizon, deemed the Cadillac Network because of its premium price and reputation, also happens to have the least amount of deployed wireless spectrum of all the four national carriers. As the nation’s largest carrier with 114 million users, a big spike in data consumption could affect Verizon’s network performance, some speculate.

Unlimited data plans promote usage and total wireless traffic is expected to grow between 70-80% annually, up from 50-60% under today’s tiered data plans, according to wireless analyst Chetan Sharma.

In response Verizon has rushed out executives to reassure Wall Street and investors Verizon’s network was built to take it.

“Our goal is to always offer a better performance, and I see a path to that,” Mike Haberman, Verizon’s vice president of network support, said in an interview with Bloomberg:

“Spectrum is only one element of a network,” he added. “How you put the network together is far more important.” In advance of its decision to start selling an unlimited data package, Verizon was busy with upgrades. The company just boosted network capacity by 50 percent with new systems that take separate radio frequencies and combine them into one large pathway, Haberman said. The company has also been adding more cell sites and transmitters in cities and connecting those sites with high-capacity fiber-optic lines.

CNBC reported Verizon’s new unlimited data plan is a “sign of weakness” for Verizon, which is facing challenges to its core wireless business. (4:30)

Sprint a Pawn in Masayoshi Son’s U.S. Investment Scheme

Phillip Dampier March 7, 2017 AT&T, Broadband Speed, Competition, Consumer News, Editorial & Site News, Sprint, T-Mobile, Verizon, Wireless Broadband Comments Off on Sprint a Pawn in Masayoshi Son’s U.S. Investment Scheme

President Trump met with Softbank’s Masayoshi Son in December, 2016.

Japan’s Softbank has a deal tailor-made for President Donald Trump’s desire to inspire companies to invest more in the United States and hire more workers, and all the president has to do is get Washington regulators concerned with mergers, acquisitions, and competition out of Softbank’s way.

Softbank’s Masayoshi Son has delivered a lot of speeches and made a lot of promises since acquiring Sprint in 2013 for $21.6 billion, originally promising to rebuild the struggling wireless company into a potential competitive juggernaut, capable of beating Verizon and AT&T and even take on cable operators. Now he’s offering to invest another $50 billion in the U.S., and create 50,000 new jobs, assuming the business climate is right.

Before accepting such a deal, one should take a closer look at how Sprint is doing three years under Softbank’s ownership. Few would argue with the fact Sprint has languished and fallen to last place among the four national carriers, now behind T-Mobile. Despite Son’s commitment to Donald Trump to invest and hire, Sprint has severely cut investment by more than 60% between 2014 and 2016 and has laid off more than 4,000 employees, most in the United States. Customers continue to complain about the perpetual ‘massive upgrade’ undertaking the company embarked on years ago that never seems to be finished and hasn’t helped service quality as much as customers expected.

In January 2016, BusinessWeek reported SoftBank has “plowed more than $22 billion into Sprint, and yet all of Sprint is now valued at $11.8 billion. The company’s $2.2 billion in cash is about the same as its 2016 debt obligations.”

Ten years earlier, Sprint was worth $69 billion and was prepared to dominate the U.S. wireless industry, but drove customers off with very poor customer service and inadequate investment in its network, allowing competitors like AT&T and Verizon Wireless to leap ahead. Sprint also embarked on an executive-inspired fantasy: a disastrous merger with Nextel that preoccupied the company for years. Softbank taking the lead has done little to change customer perceptions, nor those of some Wall Street analysts who fear Sprint is a bottomless money pit that always promises better times and profits are coming, but never seems to get there.

“You’ve watched a once-great institution deteriorate to the point that it is now a badly, badly compromised asset,” said Craig Moffett, an analyst at MoffettNathanson. “They’ve been living from hand-to-mouth for years, constantly making short-term decisions in order to live to fight another day.”

It calls into question Softbank’s vision to use technology “to reduce loneliness and ease the sadness of people as much as possible.” There are a lot of sad Sprint customers, churning away into the arms of competitors like T-Mobile faster than Sprint can sign new customers up.

Son’s dream depended on his business plan that reduced the number of U.S. competitors to three by merging Sprint and T-Mobile together, something federal regulators under the Obama Administration failed to accept despite Son’s argument the combined resources of the two companies would theoretically make a super-sized Sprint more competitive with AT&T and Verizon.

In contrast to Son’s plan to consolidate the wireless industry to improve Sprint’s financial health, T-Mobile instead decided to boost investments in network upgrades and improved coverage to attract new customers. Ironically, some of the money to pay for those upgrades came from AT&T after it paid a reverse breakup fee of $3 billion in cash and $1–3 billion in wireless spectrum after its merger proposal with T-Mobile collapsed.

While Son promises he will invest billions in the United States, he is already spending much less on Sprint. In 2017, Verizon planned to spend $9.12 per subscriber (adjusted spending per monthly phone-equivalent subscriber), AT&T will spend $9.67 and T-Mobile will spend $9.04. Sprint will lag behind with $6.78 per subscriber in network investments. Moffett predicted of the $22 billion Verizon has committed for capital spending this year, about $11.3 billion will go toward wireless. By contrast, Sprint will spend $2.97 billion, excluding costs of leased phones. T-Mobile is spending just over $5 billion.

In the last two years, customers have delivered a new paradigm to wireless companies: bigger isn’t necessarily better. The only bright spot among all four national carriers in 2016 was the scrappy T-Mobile, once destined for a fire sale by owner Deutsche Telekom. But under the “Uncarrier” leadership of CEO John Legere, T-Mobile USA is worth pure gold in Deutsche Telekom’s global wireless portfolio. The turnaround came not from trying to consolidate the industry but rather giving customers what they have asked for — more data, unlimited data, better deals, and better service. T-Mobile’s network investments paid off, giving the company very competitive 4G LTE speeds and comparable urban and suburban coverage to its larger competitors. Legere has been so successful, the German owners of T-Mobile no longer seem to be interested in selling T-Mobile USA.

Softbank’s record of achievement with Sprint in the last two years has been much less of a success story.

Customer Gains and Losses by Carrier – 2016-Q4 Phone Activators

Investments by Sprint in its wireless network have plummeted 62.7% under the leadership of Softbank from 2014-2016. (Chart: Hal Singer)

In 2015, Sprint’s capex was $3.958 billion. Last year, it was $1.421 billion — less than half the previous year. Mr. Son seems reticent about maintaining the kind of investment necessary to grow Sprint’s network over the long term to keep up with customer demand, instead willing to compete short term on price and promotions. Sprint’s past reputation for poor customer service, a slow data network, dropped calls, and coverage dead zones makes attracting former customers back to Sprint a hard sell, especially considering T-Mobile exists as a credible alternative to Sprint for those seeking cheaper service plans.

Son’s argument to the new administration depends on President Trump and FCC Chairman Ajit Pai being more friendly to the idea of less competition than the Obama Administration. Son may have an uphill battle, considering the former Obama Administration’s opposition to earlier mergers, including T-Mobile and AT&T and T-Mobile and Sprint seems to have paid off for consumers in the form of today’s fiercer competition and a price war.

Convincing President Trump to loosen merger standards to allow Softbank a stronger position in the U.S. market in return for vague and illusory investment and job creation promises is ridiculous considering Mr. Son’s performance with Sprint has not been as rosy as his rhetoric. No president should agree to a de facto bailout deal for Softbank that reduces competition and guarantees higher prices. Mr. Son should instead direct some of the $50 billion he apparently has stashed in waiting to improve Sprint’s network to more effectively compete. If he cannot or will not, the entire country should not pay for his investment mistake by watching more wireless competition get eliminated in yet another merger.

Charter Freezing Out Chiller Network; Thrown Off Cable Lineups April 25

Phillip Dampier March 1, 2017 Charter Spectrum, Consumer News 16 Comments

Charter Communications is continuing to trim back its cable-TV lineup, this time with the elimination of Chiller, Comcast/NBC’s horror network.

TVpredictions, first to report the channel drop, reports the blow is a big one for the niche network, which will lose 17.2 million more of its 34 million home potential audience, after Dish Networks dropped the network for its 13.7 million subscribers in February. April 25 will be the last day for Chiller on Charter/Spectrum’s lineup nationwide.

When large cable operators drop a network of Chiller’s size and relative obscurity, it is usually not a good sign for the future of that channel. Esquire Network announced its imminent sign-off as a linear TV channel just a month after AT&T and DirecTV unilaterally dropped it. Already gone from the Charter lineup is Cloo, and more channel trimming is anticipated.

Chiller has been on the cable dial since 2006 airing movies and various original series covering the horror and sci-fi genres. Its future as a linear network is questionable, considering it has lost more than half of its potential audience. But NBC Universal claimed in a statement Chiller would continue as-is, with no plans to shutter the channel.

T-Mobile Literally Giving Away Free Line of Service in Price War Bonanza

T-Mobile continues to raise the stakes against AT&T, Verizon Wireless and Sprint with another improbable promotion that literally gives away an extra line of service for free.

“Today, I’m thanking customers by giving them one of the things they want the most – a way to connect more of their family or more of their devices all the time,” said John Legere, president and CEO of T-Mobile.  “That’s why we’re giving customers a free line to use any way they choose!”

The press release offers customers a variety of options:

Current T-Mobile customers with at least two voice lines can use that extra line however they want. Get an extra line of unlimited T-Mobile ONE. Or if you have Simple Choice, you’ll get an extra Simple Choice line with your same data plan. Or use your free line for a new tablet or smartwatch. Or turn your car into a 4G LTE hotspot and a lot more with SyncUp Drive. It’s your call!

The “2 Unlimited Lines for $100 All In” promotion that began this morning offers new or current customers a chance to score a free extra line of service (after bill credits). The discount continues indefinitely and is also good for customers with more than two lines on their T-Mobile account. Here are the details:

  • How do I get the free add a line promotion?
    • Starting March 1st, for a limited time only, anyone activating 2 unlimited lines on T-Mobile ONE, and existing customers with at least 2 voice lines on T-Mobile ONE or Simple Choice can get 1 additional line for FREE after bill credit.
    • All free lines must be activated during the promotional period and you can keep the promotional pricing as long as you maintain qualifying service and line count. Customers may take advantage of this offer in addition to other offers and promotions, including 2/$100 and Carrier Freedom.
  • Who’s eligible for this promotion?
    • New customers, current customers and employees are eligible to receive this offer as long as they are on a qualifying rate plan, have two paid voice lines, and an account in good standing.
    • Customers with one voice line will need to migrate to T-Mobile ONE and add a second paid voice line to qualify for the FREE Line. Qualifying new and existing @Work customers may add one additional qualifying line on us for a max of 12 lines total.
  • How does the offer work?
    • The free line will match your current paid voice line data, i.e. T-Mobile ONE customers will receive a FREE T-Mobile ONE line and similarly, Simple Choice customers will receive a FREE Simple Choice line.
    • If your lines have varying amounts of data, the free line will match the line with the least amount of data. Existing customers with two paid voice lines get a free line whether you’re adding a smartphone line, tablet line or wearable.
    • In most cases, you will see your free line credit on your first bill. If credit is not applied on the first bill, two credits will appear on the second bill.
    • For customer’s not on the new T-Mobile ONE taxes and fees included plan, taxes/fees may be applied to pre-bill credit price. A maximum of 1 free line can be added per account.
    • If you cancel service on one of your lines within 12 months or migrate to another plan, you will lose the monthly bill credit for the free line.
  • Where is this offer available?
    • Anywhere that T-Mobile offers new lines of service, including T-Mobile retail stores nationwide, and authorized postpaid dealers.

Legere

For most customers, signing up with a T-Mobile ONE plan with unlimited phone, texting, and data will offer the best value and simplify the promotion by matching the same kinds of service on all three (or more) lines. This also guarantees your new line will cost absolutely nothing because T-Mobile ONE bundles all taxes and fees into the cost of service, which in this case is free. On similar promotions at other carriers, customers are on the hook for up to $10 a month in taxes, fees, and various surcharges on that “free” line.

You can bring a device to this plan or buy one from T-Mobile. A new SIM card is required, and T-Mobile charges an outrageous $25 to get one through their website or in stores. But many customers report if you call T-Mobile customer service from a T-Mobile phone on 611, a discounted SIM card for 99 cents is usually available if you ask.

T-Mobile has not put an expiration date on the offer. Judging from customer buzz, there is considerably interest in this offer and a lot of disbelief it comes free of charge.

T-Mobile acknowledges there are some billing issues going on at the wireless carrier as it continues to add customers. At present, customers will see a charge for the service followed by a bill credit, which may take up to two bill cycles to appear (but is retroactive back to your signup date.). It appears T-Mobile bills customers for the free line of service several days before a corresponding credit is issued, which has confused some customers being billed for a service and credited for it on the following month’s invoice. But many on autopay say T-Mobile actually deducts the correct amount (with the credit applied) no matter what the bill indicates. Customer service is also on hand to issue on the spot credits for concerned customers, and T-Mobile claims it is working through this billing issue and should have it resolved.

To take advantage of this offer, customers must not have canceled a line after Jan. 1, 2017. T-Mobile wants this offer to encourage customers to add lines, not convert existing lines from one plan to another.

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