AT&T customers are telling Stop the Cap! the company is emailing their broadband customers to alert them they now qualify for unlimited internet access because they also happen to subscribe to DirecTV Now, AT&T’s streaming service targeting cord cutters.

“Good news about your internet service! Because you also added DIRECTV NOW℠ to your internet service, we’re giving you unlimited home internet data at no additional cost.”

AT&T normally charges customers an extra $30 a month to remove their 1,000 GB data cap.

The move has some net neutrality implications, because AT&T is favoring its own streaming service over the competition, which includes Sling TV, Hulu TV, PlayStation Vue, and other similar services. If a customer subscribes to Hulu TV, the 1 TB cap remains in force. If they switch to DirecTV Now, the cap is gone completely.

AT&T has undoubtedly heard from customers concerned about streaming video chewing up their data allowance. With AT&T’s DirecTV on the verge of launching a streaming equivalent of its satellite TV service, data caps are probably bad for business and could deter customers from switching.

It is yet the latest evidence that data caps are more about marketing and revenue than technical necessity.

Updated 1:15pm EST 12/20: Hat tip to Karl Bode, who got AT&T’s official confirmation the unlimited internet offer that formerly applied to DirecTV satellite customers has now quietly been extended to DirecTV Now streaming customers as well. We are still looking for a screen cap of anyone who received an e-mail from AT&T about unlimited service for streaming customers. If you have one, drop me a line at phil (at) stopthecap.com

It was the leading story on local newscasts up and down New York State — Charter Spectrum, accused of failing to provide the internet speed and reliability it promised agreed to pay $174.2 million to settle a lawsuit filed by the New York Attorney General’s office.

It was a story hard to miss. “Breaking News” tweets were sent from multiple television and newspaper newsrooms from Buffalo to Albany. Local newscasts in Buffalo, Rochester, Syracuse, Binghamton and Albany all included extensive coverage, while stations in Elmira and New York City mentioned it in passing. Newspapers gave the story the same treatment a winter storm might normally get. All gave the story of Spectrum’s settlement prominent coverage on their websites.

All except one.

Spectrum News — multiple 24/7 news channels serving Buffalo, Rochester, Syracuse, Albany, and the venerable NY1 from New York City, had absolutely nothing to say about the story on its many websites. In fact, Spectrum News did not cover the New York Public Service Commission’s decision to expel its parent company from the state either (a matter still under negotiation by the PSC and Charter Communications).

At Spectrum News, no news about the owner is apparently better than reporting bad news, so coverage is generally missing when it comes to reporting on the state’s largest cable company.

WHAM in Rochester, like many stations around the state, opened its newscast with news of the Spectrum settlement.

It did not used to be this way. In Rochester, Greater Rochester Cablevision began covering local news in 1990, with a firm firewall between the reporters at “WGRC” and company executives. That firewall remained in place through multiple rebrandings including GRC9News and R News, operated by Time Warner Cable, which bought the local cable company in 1995.

In 2009, R News fairly covered the controversy of Time Warner Cable trialing data caps in Rochester (a plan that was quickly shelved after subscriber blowback). But beginning in the 2010s, cracks in the firewall were rumored and reporters began avoiding stories painting their parent company in a bad light. By the time the news channel was rebranded YNN Rochester in the summer of 2009, reports about the cable company were brief at best. As the channel became Spectrum News Rochester in 2016, reporting on the cable company and its competitors was almost entirely gone altogether.

In April 2018, Rochester businessman and philanthropist Tom Golisano acquired Greenlight Networks, a fiber to the home provider competing directly with Charter Spectrum. It was breaking news and extensively covered in the local media, except by Spectrum News, which otherwise regularly covers Golisano’s activities.

The apparent lack of a firewall and a potential written or unwritten/understood policy interfering with coverage of legitimate news is a serious blow to Spectrum News’ credibility. There is no legitimate reason we can find for Spectrum News to “miss” stories about its parent company, and in some instances reporters merely need to cross the building to interview local executives.

In Rochester, where the Gannett news empire was born in 1923, there is a long history of protecting journalistic credibility. When the Gannett Company published two daily local newspapers, the morning Democrat & Chronicle and the afternoon Times-Union fiercely competed with each other, with a strict firewall in place between the two newspapers. Reporters joked the only place they could interact was in a neutral zone where the newswire teletype machines once operated. There was never any question that a story about the Gannett Company would be fair and free of interference from the newspapers’ owners.

Spectrum News needs to adopt a similar policy and cover news that is worth covering, with no interference from company executives. Otherwise, it is little more than a token gesture to paying subscribers, who will always suspect corporate interference is alive and well at the news outlet.

Customers deserve better.

AT&T this morning switched on its 5G wireless mobile network in 12 cities around the country, making it the first U.S. provider to launch portable 5G service for wireless devices.

Like Verizon, AT&T is in no hurry to sign up new customers for 5G service. Instead, it will only be available “in dense urban areas” for a handful of businesses and consumers invited to sample the service for free over the next 90 days.

“This is the first taste of the mobile 5G era,” said Andre Fuetsch, president, AT&T Labs and chief technology officer. “Being first, you can expect us to evolve very quickly. It’s early on the 5G journey and we’re ready to learn fast and continually iterate in the months ahead.”

Because cell phones equipped with 5G are not yet widely available, AT&T will sell its 5G service with a NETGEAR® Nighthawk 5G Mobile Hotspot device that will go on sale in the spring for $499. AT&T also intends to extract more money from wireless customers for its premium 5G experience. When service debuts, a 5G compatible data plan will start at $70 a month, including a 15GB data cap.

AT&T is not saying how fast its 5G network will actually be, only predicting it will be slower than the theoretical maximum speed of 1.2 Gbps, assuming nobody was using it. At an investor conference in early December, witnesses reported speed tests were averaging closer to 140 Mbps, which falls far short of the 5G Gigabit Hype the tech media has been breathlessly reporting.

AT&T’s launch switched on 5G service from selected city cell towers serving Atlanta, Charlotte, N.C., Dallas, Houston, Indianapolis, Jacksonville, Fla., Louisville, Ky., Oklahoma City, New Orleans, Raleigh, N.C., San Antonio, and Waco, Tex.. Over the next six months, AT&T plans to switch on 5G-equipped towers in Las Vegas, Los Angeles, Nashville, Orlando, San Diego, San Francisco, and San Jose.

AT&T’s 5G service will use traditional cellular frequency bands, and will effectively look like an incremental upgrade from 4G LTE. In real world performance terms, expect noticeably faster wireless speeds, but nothing close to what Verizon is offering with its fixed wireless 5G network, which relies on millimeter wave frequencies to deliver much faster service. AT&T’s 5G is portable, Verizon’s is not (for now). AT&T executives have been repeatedly skeptical about offering fixed wireless 5G.

AT&T hypes its forthcoming 5G network into the stratosphere. (1:44)

A $174.2 million consumer fraud settlement has been reached between outgoing New York Attorney General Barbara D. Underwood and Charter Communications, delivering $62.5 million in direct refunds to some customers in former Time Warner Cable Maxx territories in New York State and free premium and streaming services for all current New York customers.

The settlement, likely the largest ever reached with an Internet Service Provider (ISP), comes in response to a 2017 lawsuit filed by former Attorney General Eric Schneiderman, accusing Time Warner Cable of short-changing customers on broadband speed and reliability, by knowingly advertising internet speeds it could not deliver. Time Warner Cable was acquired by Charter Communications in 2016.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement allows Charter to admit no wrongdoing, but the company is required to compensate Spectrum customers in New York and reform its marketing practices. Going forward, Spectrum must offer evidence through regular speed testing that the company can actually deliver advertised speeds. Charter is also required to continue network investments in New York to improve its internet service.

Lawsuit History

Schneiderman

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or Wi-Fi connection – even though, in real-world use, internet speeds are routinely slower via Wi-Fi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division.

Underwood

The Settlement

Under the settlement, New Yorkers will be qualified to receive different levels of compensation as a result of the settlement. Here is what customers can expect:

Only current Charter Spectrum internet customers (including those on legacy Time Warner Cable internet plans) can receive benefits under this settlement. If you do not have service today, but had it in the past, you do not qualify for relief.

Cash Refunds

Only customers living in areas upgraded to Time Warner Cable Maxx service can receive cash compensation. At the time of the lawsuit, this included much of New York City area, the Hudson Valley, parts of the Capital Region, and Syracuse-Central New York. Additionally, the customer must have subscribed to a Time Warner Cable legacy speed plan of 100 Mbps or higher. (Customers in non-Maxx areas including Buffalo/WNY, Rochester-Finger Lakes Region, Binghamton, and the North Country will not receive financial compensation.)

If you did subscribe to 100+ Mbps Time Warner Cable service and still subscribe to either your original legacy plan or have since upgraded to a Spectrum plan, you may qualify for:

• a $75 refund (700,000 subscribers) if you were supplied an inadequate cable modem or Wi-Fi router by Time Warner Cable.
• an additional $75 refund (150,000 subscribers) if you were leasing an inadequate cable modem for 24 months or longer.

You do not need to take any action to get these refunds. Charter Spectrum will notify eligible subscribers about the settlement and provide refunds within 120 days. (If you previously received a refund for being supplied with an inadequate modem, you are ineligible for this cash refund).

Free Services

Only former TWC Maxx customers qualify for cash refunds.

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers (both Spectrum and legacy Time Warner Cable plans qualify):

If you currently subscribe to both Spectrum Internet and TV service, you qualify for three free months of HBO or six free months of Showtime. (If you already subscribe to these premium movie channels, you are ineligible for this part of the settlement. If you subscribe to one, but not both of these networks, select the one you do not currently receive.)

If you currently subscribe to internet-only service from Spectrum, you will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement. Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

Pro-Consumer Reform

New York also secured groundbreaking reforms in how Charter Spectrum conducts business. Underwood believes these guidelines could serve as a guide for other states to eventually adopt, delivering consumer benefits to cable subscribers everywhere. For now, New York consumers can expect:

• Internet Speed Proof of Performance: Charter must describe internet speeds as “wired,” disclose wireless speeds may vary, and mention that the number of concurrent users and device limitations will impact your actual internet speed. These disclosures must be made in all marketing materials and ad campaigns. Additionally, Spectrum must regularly certify through actual speed testing that it can deliver the speeds it advertises or discontinue any speed plan that cannot be substantiated.
• Truth in Advertising: Charter Spectrum cannot make unsubstantiated claims about the speed required for different internet activities (eg. streaming, gaming, browsing). It also must not advertise internet service as reliable (eg. no buffering, no slowdowns), or guarantee Wi-Fi speed without proof.
• Equipment Reforms: Charter must provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service, promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods, and implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers.
• Sales and Customer Service Retraining: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over Wi-Fi.

Today’s settlement has no bearing on the well-publicized dispute between the New York Public Service Commission and Charter that led the Commission to cancel approval of Charter’s acquisition of Time Warner Cable. Last summer, the Commission voted to throw Spectrum out of the state, but ongoing negotiations between the PSC and Charter are also likely to culminate in a similar settlement including cash fines and new commitments from the cable operator.

Comzilla

Comcast is increasingly invading the territories of neighboring small cable operators, a rare move that could eventually trigger price wars and threaten the informal “gentlemen’s agreement” that has kept cable companies from directly competing with each other for decades.

In New Hampshire, residents of Laconia and Rochester will have a choice between incumbent Atlantic Broadband or newcomer Comcast. 

Comcast is already the dominant cable operator in the state, providing service in 104 communities. The cable company recently filed its draft franchise proposal with Laconia city officials to extend Comcast service into areas already serviced by Atlantic Broadband, an independent cable operator owned by Montréal based Cogeco.

“We believe Laconia offers attractive opportunities for Xfinity and Comcast business products in an area close to Comcast’s existing footprint and part of the same designated market area we already serve,” said Comcast regional spokesman Marc Goodman. “We offer internet speeds of up to two gigabytes per second and 100 gigabytes for businesses. We have an award-winning video platform with voice remote.”

It is the second time Comcast announced it would directly compete with Atlantic in New Hampshire. Comcast is already overbuilding Atlantic’s service area in Rochester and is scheduled to finish sometime next year.

In response, Atlantic has introduced very competitive service and pricing plans to fend off Comcast.

Atlantic Broadband is trying to lock in their customers with two-year rate guarantees and lower introductory prices.

Consumers are thrilled.

“After years of MetroCast’s dark ages of bad service, Atlantic Broadband bought them up, raised some internet speeds, and raised our bill even more,” said Charlie Saunders. “It is real easy to pay a $200 cable bill around here, so I am glad Comcast is giving us a choice.”

Atlantic Broadband, at least in public, seems unfazed about Comcast’s entry. Ed Merrill, Atlantic Broadband’s regional general manager for New Hampshire and Maine stressed his company’s innovations, such as bringing gigabit internet speed to the region and using TiVo set top boxes. 

“Our plans are based not on what other providers are doing, but by anticipating customer needs and preferences, then developing and delivering the kinds of products and services that will make customer lives better, whether they’re residential customers or business clients with customers of their own,” Merrill said in a statement.

Comcast Invasion: Communities Where Consumers Can Also Choose Comcast as Their Cable Company

• Dec. 2017: Rochester, N.H. (Atlantic Broadband vs. Comcast)
• May 2018: Waterford and New London, Conn. (Atlantic Broadband vs. Comcast)
• Summer 2018: Warwick Township, Warwick Borough, Ephratah Township, Ephratah Borough and Lititz, Penn. (Blue Ridge Communications vs. Comcast)
• Nov. 2018: Laconia, N.H. (Atlantic Broadband vs. Comcast)

Grove

Comcast said it is only responding to the public’s demand for more choice and better service, which explains why it is expanding into territories already served by another operator. But so far, Comcast has only chosen to expand in areas adjacent to its current territory, and only in places served by smaller, independent cable companies. In short, Comcast is in no hurry to run cable lines into areas served by Charter/Spectrum or Cox.

A Multichannel News article on the subject suggests Comcast’s real interest is reaching lucrative commercial/business customers just out of reach of their existing service areas. 

“I can tell you that our primary focus is on business service expansion where from time-to-time we explore new opportunities, based on a case-by-case analysis, to bring our state-of-the-art products and services to more businesses,” Bob Grove, vice president of communications for Comcast told the trade magazine. “Some of our existing customers in the contiguous footprint and shared DMA have operations in this area, which is why it made sense for us to expand our commercial network here. We’re also exploring limited residential opportunities, but that’s in the very preliminary stages as well.”

“My heart and wallet skipped a beat,” Lennart Swenson, Jr., told The Laconia Daily Sun. “When we had Comcast, at our last home, they provided superior service and more options for less money than Atlantic Broadband. Comcast was also easier to contact and provided quicker service than has been our experience with Atlantic.”

Some customers also complain Atlantic lures people with temporary teaser rates that exponentially increase after introductory pricing expires. Others report it is difficult to get a representative on the phone.

Competition is “tiresome” for the cable industry

Comcast’s growing interest in expanding service into already-cabled areas means the company will have to convince customers to switch cable providers, something that runs contrary to traditional cable industry economics, where companies carefully avoid direct competition with each other.

“When I started in this business, we all helped each other,” former Buford Media CEO Ben Hooks told Multichannel News. Buford retired in 2018 after a 50-year career in the cable industry. “You don’t see that, especially with Comcast. As far as they’re concerned, there’s them and there’s the rest of the industry.”

Hooks remembers the 1970s and 1980s when cable companies did attempt to expand into each other’s territory.

“In most cases overbuilds were a disaster,” Hooks said. “Neither party won very much, both were fighting for the same customer, cutting prices and neither company was doing well. It was just a tiresome battle.”

But as costs plummet to less than $500 per home to extend fiber to the home service, and the costs to provide internet service continue to fall, cable companies like Comcast can afford the risk of upsetting smaller operators. 

“A company today like Comcast has so much more margin/size over a small company that if they want to expand into an adjacent territory, it is no contest,” Hooks told the trade publication. “Now, if they were to take on Charter, the competition would be a greater challenge. While Comcast still has the advantage, Charter is large enough that it would be ugly.”