Windstream Communications lost between $3.2-5.1 million in lost profits because of a 2019 false advertising campaign run by Charter Communications in areas where the two companies compete for internet customers, claimed an expert witness in a court hearing to determine the damages Charter must pay.

In December, U.S. Bankruptcy Judge Robert Drain issued a summary judgment finding Charter responsible for sending out misleading advertising fliers that violated the federal Lanham Act and false advertising laws in place in some states.

“Shortly after Windstream filed for Chapter 11 protection, Charter commenced a false and misleading advertising campaign designed to cause irreparable injury and damage to Windstream’s reputation and business,” the original lawsuit filed with the U.S. Bankruptcy Court for the Southern District of New York stated. “Charter targeted Windstream customers in Alabama, Georgia, Kentucky, Ohio, Nebraska, and North Carolina, which are several of Windstream’s top performing states.”

“On the envelopes for the advertisement, Charter intentionally utilized Windstream’s trademark and signature color pattern to mislead Windstream customers into believing that the advertisement came directly from Windstream. Indeed, Charter’s advertisement stated that it was ‘Important Information Enclosed for Windstream Customers.’”

The offending Charter flier seems to suggest Windstream is going out of business.

A later investigation found Charter sent at least 800,000 mailers to customers in service areas where Windstream competes with Spectrum.

Jeffrey Auman, executive vice president of sales and marketing at Windstream Communications, told the court last week the false ads directly harmed Windstream’s reputation with its customers, with some left believing the phone company was ceasing operations because of its bankruptcy filing. Auman argued it was fair for Charter to pay damages covering Windstream’s legal expenses to file the lawsuit and cover its advertising and promotional expenses incurred to rebut the ads and retain customers.

A company-provided expert witness testified Windstream lost customers and between $3.2 and $5.1 million in lost profits. Spectrum’s ad campaign also created long term negative “fear, uncertainty, and doubt” about Windstream’s health and ability to service customers. The witness claimed Spectrum’s fliers ended a “growth streak” for the phone company and has caused new customer projections to fall behind.

“It was a big deal with us,” Aubrey testified. “Word of mouth in these small communities means a lot.”

Windstream told Judge Drain the company has spent more than $4.3 million on service credits, promotional retention discounts, and cost-free upgrades to keep customers happy.

Charter has countered Windstream’s customer losses come from its inferior technology, which makes Windstream’s speeds slower and less competitive. Spectrum has upgraded internet customers in the midwest and parts of the southern U.S. to up to 200 Mbps for its Standard internet plan, which is much faster than what Windstream offers many of its DSL internet customers.

Some Comcast customers are receiving notifications their service may be briefly interrupted as a result of ongoing network enhancements:

As you can imagine, customers are using our services more than usual, and in certain neighborhoods we are adding capacity to improve our network and your service now. Your area has been identified as a location that will benefit from network improvements, which is why it’s necessary for us to complete the work at this time, so you’ll continue to connect and enjoy the services you expect.

We are installing more fiber throughout our network by replacing some coaxial cable with fiber lines. This will include some construction in your neighborhood and will cause some intermittent interruptions to your service during the day.

In the future, we’ll be able to offer you even more reliable service, greater network capacity and more gig speeds to more homes down the line. This means more downloading, more streaming and more gaming.

Comcast is currently preparing its network for full duplex DOCSIS 4.0 service by adopting “node plus zero” network architecture, which in plainer terms means removing signal amplifiers from existing lines and replacing a significant percentage of its copper coaxial cable infrastructure with fiber optics. The fiber network upgrades are reportedly bringing more consistent and faster internet speed on a more reliable network as soon as the switch is complete. Most customers won’t see fiber cables replacing the current cable line coming into their homes, however. The upgrade is mostly taking place on utility poles and, in some places, underground as Comcast replaces copper wiring with optical fiber cables.

Sometime next year, Comcast is expected to start adopting Full Duplex DOCSIS (FDX) 4.0, the newest cable broadband standard, capable of bringing identical upload and download speeds to customers. It is the only major American cable operator to favor FDX, which will place upstream and downstream traffic on the same block of cable spectrum. Other cable operators including Charter Spectrum, Cox, and Mediacom will support Extended Spectrum DOCSIS (ESD) 4.0, which is expected to be cheaper to deploy and will continue to keep downstream and upstream traffic confined to separate frequency bands, albeit larger ones capable of delivering much faster speeds.

Stankey

AT&T’s incoming CEO John Stankey has a message for America: If you are unwilling to pay $15 a month for AT&T’s HBO Max, you have a low IQ.

Stankey made that declaration pitching the new service, set to debut in May. The fact the video platform is late to a market already crowded by Netflix, Hulu, and Disney is just part of the challenge. That $15 price point is a bigger one.

If there is any company in the telecom business that can prove consumers are sensitive to price hikes and bill shock, it is AT&T. Its frequent rate hikes for its DirecTV satellite service and various streaming TV platforms have caused a customer exodus. More than a quarter of DirecTV customers have left and, even more stunning, well over half of AT&T’s streaming TV customers have dropped the service. In late 2018, DirecTV Now (today AT&T TV Now) — AT&T’s cord cutting TV alternative, had 1.8 million customers. As of last month, that number is down to 788,000 and still falling.

AT&T has repeatedly claimed it wants to focus on “high value” customers, which may explain why it remains confident its $15/mo HBO Max service will do well, despite being the most costly streaming service in the market.

Stankey’s predecessor, Randall Stephenson, will exit as AT&T’s CEO in July. He leaves a much larger conglomerate than what he started with. AT&T has diversified from its telephone and wireless portfolio with several major acquisitions, including DirecTV — the satellite TV service, and Time Warner (Entertainment), a Hollywood studio and entertainment giant. The result is a company loaded with debt and a revolt by activist investors that question the wisdom of creating the 2010s version of AOL-Time Warner.

Elliott Management Corp., the activist investment firm that has proved itself a nuisance to the expensive dreams of several rich and powerful CEOs, does not see a viable marriage between AT&T’s profitable telecommunications business and a media and entertainment company. It took its concerns public in 2019, calling on AT&T management to get back to the basics.

Stankey’s approach seems to be a willingness to embrace the newest members of the AT&T family, for now, while also reassuring investors the shopping spree of mergers and acquisitions is over. Bloomberg News reports his views seem to have won Elliott Management over. At the same time, Stankey has to convince investors and the public he is competent at running a media company. The jury is still out on that:

Bloomberg:

At a town hall with HBO employees last year, Stankey said the network had to dramatically increase its programming output, comparing the work ahead to childbirth. Once, when a Time Warner veteran criticized an idea during a meeting, Stankey replied, “I know more about television than anybody.”

[…] But over the past two years, Stankey has tried to acclimate himself to the glitzy world of entertainment. He started watching HBO’s “Westworld” and “Succession.” He could be seen mingling with HBO talent at glitzy Manhattan premiere parties. At an industry event, he wore a pin featuring a Looney Tunes character — a WarnerMedia property — on his jacket lapel.

Comcast today announced it will extend its COVID-19 crisis commitments until the end of June, including a continued suspension of its 1 TB data cap.

“These extended measures will continue to keep Americans safe and ensure that households are equipped for students to learn and stay informed at home as the nation copes with this unprecedented disruption to our daily lives,” said Dave Watson, Comcast Cable CEO. “Our services have never been more important, and we’re doing everything we can to keep people connected to the internet.”

Here is a reminder of Comcast’s commitments:

• No data caps: All customers have unlimited access until at least June 30, 2020. Make sure you are not paying Comcast extra for an unlimited data plan everyone can now get for no extra charge.
• No disconnects or late fees: To qualify, customers MUST contact Comcast and explain they are having difficulty paying bills because of current economic conditions. Those that do will not have their service suspended and late fees will be waived.
• XFINITY Wi-Fi: Is open to anyone that wants to use a Comcast Wi-Fi hotspot. You do not need to be a customer.
• Internet Essentials: If you qualify as a low-income household, you can get internet service from Comcast for $9.95 a month, with the first 60 days free.

With an estimated 90,000 New Yorkers stranded without broadband service, a proposal from Charter Communications to block funding for future projects is coming under fire from a bipartisan group of rural legislators.

Charter, which does business as Spectrum, filed a request with the Federal Communications Commission to exclude certain census blocks for funding under the agency’s new $20.4 billion Rural Digital Opportunity Fund (RDOF). The cable company claims it intends to privately fund expansion of internet service in those areas, and does not welcome government-subsidized competition.

“Good cause plainly exists to grant the waiver to avoid overbuilding areas in which Charter has already begun the process of deploying service and is investing private capital well in excess of $600 million,” company officials wrote. “This will ensure scarce universal service support is deployed to close the gap/digital divide in actually unserved areas. The commission has previously granted rule waivers where, as here, the purposes of the rule would be disserved by its strict application, and where waiver would affirmatively serve the public interest.”

Many of the rural homes Charter claims it intends to serve have been waiting for internet access for well over a decade. Many were hopeful that wait would end shortly after the cable company agreed to expand service to an additional 145,000 rural New York households as part of an agreement with state regulators approving its merger with Time Warner Cable. But a March 2020 audit conducted by the Comptroller of New York found Charter was not meeting its commitments:

“[…] It has been over three years since the merger was approved. Network expansion should have already been provided to approximately 126,875 unserved or underserved premises based on the 2016 Commission Order approving the merger. As of July 2019, Charter had only extended its network to 64,827 premises. Based on the original Order, 62,048 additional customers should have received access to these services. Charter now has until September 2021 to complete the network expansion of 145,000 premises previously scheduled to be completed by May 2020.”

Barrett

Some New York legislators believe Charter is out of line asking the FCC to exclude funding for other rural broadband projects while taking its time meeting its own commitments.

“Charter’s waiver request is simply self-serving and will in no way benefit the residents of upstate New York who, even in the year 2020, are struggling to access adequate broadband by any provider,” Rep. Didi Barrett (D-Hudson) wrote in a letter to the FCC. “Charter’s petition is a blatant attempt to reduce competition and leave consumers with no choice but to wait around for Charter to finish a job that should already be complete. In Upstate New York, tens of thousands of residents and businesses are still waiting for internet service because of Charter’s years-long effort to renege on their obligations to New York State and the people who live in rural communities. We must continue to call Charter out until every household and business is served as planned under their agreement with New York State.”

Republican congresswoman Elise Stefanik from Schuylerville agrees with many of Barrett’s views, blasting Spectrum for seriously delaying its rural rollout commitments. Stefanik worked with FCC Chairman Ajit Pai to change the qualification requirements for the RDOF program, which originally would have excluded New York from receiving funding. If the FCC adopts Charter’s request, it would block much of her district from receiving broadband funds, either because Charter previously indicated it would (eventually) offer service or because the state previously supplied broadband subsidies, which would also seem to disqualify RDOF grants.

“I have heard directly from constituents and local elected officials that this decision would have a severe impact on their ability to gain rural broadband access, which is essential, especially during this time of crisis,” Stefanik said. “Charter’s request would exclude parts of the North Country from this critical federal funding, and I will work with my upstate colleagues and the FCC to keep it available.”

WNYT in Albany reports rural New York communities like Stillwater have waited years for Charter Spectrum to provide broadband service. The addresses Spectrum grudgingly will serve in the area are routinely quoted installation fees starting at $8,000. (2:16)