Whatever pleasantries were exchanged between Charter Communications and the New York Department of Public Service (Public Service Commission) earlier this year are now gone as the relationship between the cable company and state officials continues to deteriorate.

The first shot across the bow this summer came in Charter’s June 28th letter in response to a demand by the state to unconditionally accept the state’s terms of its 2016 Merger Order granting the acquisition of Time Warner Cable by Charter Communications. Except the cable company did not actually agree unconditionally to those terms. As part of a dispute over Charter’s fulfillment of its responsibilities in the Merger Order regarding rural broadband expansion, one section seemed to predict future litigation:

“While Charter’s acceptance of these commitments is unconditional, this acceptance remains subject to applicable law. Charter does not waive its positions as to the meaning or proper interpretation of its commitments (including Charter’s position that the negotiating history of Appendix A must guide such interpretation), or any of its legal rights including its right to seek review of the Commission’s June 14, 2018 Orders and the Commission’s interpretation and application of the January 8, 2016 Order.”

On July 3rd, Charter’s attorneys sent another letter to the telecommunications regulator doubling down on this language:

“Charter fundamentally disagrees that the Commission’s June 14th Order accurately reflects the agreement that was reached with Charter with respect to the Merger Order. The company intends to appeal the Order….”

That notification was included in a letter requesting an extension of the deadline to file a revised rural buildout plan to replace disqualified addresses with other New York addresses where broadband service is not currently available. Charter warned it would pursue “administrative and legal appeals” and did not want to take the time update its buildout lists until those challenges (and appeals) are exhausted. The company’s lawyers made sure to reserve all of Charter’s rights in an even lengthier footnoted disclaimer:

“Certain subjects discussed in this filing pertain to non jurisdictional products and services. Discussion of nonjurisdictional products and services is not intended as a waiver or concession of the Commission’s jurisdiction beyond the scope of Charter’s regulated telecommunications and cable video services. Charter respectfully reserves all rights relating to the inclusion of or reference to such information, including without limitation Charter’s legal and equitable rights relating to jurisdiction, compliance, filing, disclosure, relevancy, due process, review, and appeal. The inclusion of or reference to non jurisdictional information or to the ordering clauses or other requirements of the Order as obligations or commitments to provide non jurisdictional services shall not be construed as a waiver of any rights or objections otherwise available to Charter in this or any other proceeding, and may not be deemed an admission of relevancy, materiality, or admissibility generally. The requests discussed herein should not be construed in any way as a waiver by Charter of any of its legal rights, including (without limitation) Charter’s right to seek review of the June 14th Order or otherwise seek review of the Commission’s interpretation and application of its January 8, 2016 Merger Order.”

The key takeaway from this legal word salad is “non jurisdictional products and services” — code language from Charter to the state suggesting New York regulators have no legal authority to stand on imposing rules, regulations, and requirements on deregulated services like broadband. Charter’s lawyers defended the company against accusations it failed to meet the agreed-on schedule for rural broadband buildout to 145,000 unserved/underserved New Yorkers using similar language. Charter only began suggesting the state’s broadband expansion plan violated federal law after the state declared the company was out of compliance and fined.

Any legal action by Charter will likely rest on claims the federal government deregulated much of the cable business, including broadband service. Therefore, the state lacks enforcement power to compel Charter to offer broadband service to any unserved area, much less on a timetable. Remember, however, Charter was only too happy to agree to the terms of the merger agreement, with all its terms and conditions, to get the merger finished, without any complaints. Now it seems to have second thoughts.

“Charter finds that the task of revising the detailed Buildout Plan and the other requirements is far too large an undertaking to be accomplished with the necessary care and diligence required within the 21-day timeframe mandated in the Commission’s June 14th Order,” the cable company’s lawyers wrote, asking for an extension of the deadline.

Today, the Department issued a terse response to Charter’s legal team, authored by Kathleen Burgess, secretary of the Public Service Commission:

“Your request for a stay of the revisions of Charter’s Buildout Plan and the other provisions required by the Commission’s Order is not a matter for the Secretary. Your request for a 60-day extension is excessive and not adequately justified. Therefore, your request for an extension is denied.”

Two things seem clear: New York will continue to fine Charter for further missed deadlines, and it seems likely this matter is headed for court.

Charter Communications will close down Time Warner Cable’s Wi-Fi calling app Phone2Go on July 5, 2018, citing low customer usage.

Originally introduced in 2014, Phone2Go was marketed as a free Wi-Fi calling app alternative to Skype or Vonage. The Android and iOS app linked to Time Warner Cable/Spectrum’s phone service, allowing customers to make free calls, text and video conference over the app when away from home or abroad. Each account supported up to five devices, which allowed distant relatives, friends, or family members to make and receive free calls.

“One of the important advantages of Phone2Go is you can give an ID to a relative or friend who lives abroad. And they can make calls as if they were in the United States. So they can call you say on your cellphone, they may be say in Europe and you are in the U.S. and they would only pay the local rate,” said Time Warner Cable Phone general manager Jeff Lindsay back in 2016.

The app was never popular with customers, however, because call quality was often poor and the app was infrequently updated. It was also cumbersome to change or add devices, and once registered to a device, it was very difficult to re-register those devices for use with another account. After Charter Communications acquired Time Warner Cable, there were frequent and long-lasting service outages affecting the Phone2Go app, which may have driven off what loyal users it had.

Spectrum is contacting customers registered for the app by phone to alert them the Phone2Go service would be discontinued on Thursday.

Charter Communications today launched Spectrum Mobile, a new no-contract mobile phone service for existing Spectrum internet customers offering two simplified plans, including a “pay per gigabyte” plan that will allow customers to get unlimited calling, texting and 1 GB of data for $14 a month.

Spectrum Mobile relies on Verizon Wireless’ 4G LTE network to assure strong network coverage, and phones sold are also designed to simplify connections to home Wi-Fi and Spectrum’s nationwide network of Wi-Fi hotspots. But Spectrum Mobile appears to limit speeds of certain Verizon Wireless network traffic, notably videos, which “typically stream at 480p.”

The plans and website are remarkably similar to Comcast’s XFINITY Mobile, except Spectrum’s “pay per gig” plan costs $2 more ($14) than the one on offer from Comcast ($12).

Spectrum Mobile also does not currently permit customers to bring their own devices — customers must buy new devices from Spectrum’s store, which as of today only offers five Android phones from Samsung (Galaxy S8, S8+, S9, S9+)  and LG (K30). Phones can be purchased up front or financed for 24 months at 0% interest at prices ranging from $7.50 a month for the LG phone to $35.42/month for the Galaxy S9+. A separate trade-in program is available to reduce the cost of investing in a new phone. Spectrum accepts most phones from Apple, Samsung, HTC, Google and LG as long as they meet trade-in standards.

Customers are given the option of two plans, based on anticipated data consumption. Customers who typically use 3 GB or more per month should sign up for the unlimited plan:

Unlimited $45

• Unlimited talk
• Unlimited texting (does not count against 20 GB threshold)
• “Unlimited” data: After 20 GB of usage per month, speeds may be throttled for the rest of the billing cycle.
• Customers can switch a line from Unlimited to By the Gig at the end of your billing cycle, charged $14/GB.

By The Gig $14

• Unlimited talk
• Unlimited texting (does not count towards data usage)
• $14/GB for data
• Customers can switch a line from By the Gig to Unlimited at any time during the billing cycle, assuring you won’t pay more than $45 a month for a plan.

Spectrum’s initial assortment of smartphones is extremely limited.

There are various fine print terms and conditions to be aware of if considering switching to Spectrum Mobile:

• New Spectrum internet customers with fewer than 30 days of service are limited to up to two lines. Devices associated with these lines are shipped to the internet service address on file. After 30 days of Spectrum internet service, customers may be eligible for more lines, up to a total of five, based on credit rating.
• Equipment, taxes and fees (including regulatory recovery fees, surcharges and other applicable charges) extra and subject to change.
• There are no additional fees for using your phone as a mobile hotspot. After 5 GB of mobile hotspot data use in the bill cycle, mobile hotspot speeds are reduced to a maximum of 600 kbps for the rest of the bill cycle. Mobile hotspot data counts toward your 20 GB high-speed data allowance.
• DVD-quality video streaming is supported. Video typically streams at 480p.
• If a residential Spectrum internet subscription isn’t maintained, an additional $20 per-line monthly charge will be applied and Spectrum Wi-Fi speeds will be limited to 5 Mbps. You can change your rate plan, but you won’t be able to add additional lines.
• Spectrum Mobile is not currently considered part of your Spectrum service bundle, so no bundling discounts are available.
• Spectrum will not pay any early termination fees you might encounter if you cancel service with your old carrier and have a service contract.
• Auto-pay with a credit or debit card is required.

WASHINGTON (Reuters) – AT&T will pay $5.25 million to settle a U.S. investigation after two outages in 2017 prevented about 15,000 callers from making emergency “911” calls, the company and a federal regulator said last week.

The Federal Communications Commission said Thursday AT&T had agreed to make changes to reduce the likelihood and impact of future 911 outages and improve notifying 911 call centers of outages.

AT&T said it has “taken steps to prevent this from happening again.”

The FCC said the 911 service outages were the result of planned network changes implemented by AT&T inadvertently interfering with the company’s routing of 911 calls.

The FCC said the March 2017 outage lasted about five hours, resulting in the failure of 911 calls from some 12,600 unique users, while the May 2017 outage lasted 47 minutes, resulting in 2,600 failed 911 calls.

The FCC said during the March outage the company failed to “quickly, clearly, and fully notify all affected 911 call centers.”

AT&T said it had cooperated with the review and agreed that “providing access to emergency 911 services is critically important.”

Several other carriers agreed to settlements after an April 2014 outage affected 11 million telephone users.

Verizon Communications agreed to a $3.4 million fine after a six-hour 911 outage in April 2014 that affected about 750,000 wireless consumers in nine California counties.

CenturyLink agreed to a $16 million settlement in the April 2014 outage.

The FCC said the outages at the carriers in April 2014 resulted in 6,600 missed 911 calls about domestic violence, assault, motor vehicle accidents, a heart attack, an overdose, and an intruder breaking into a residence.

The April 2014 outage was the result of a preventable software coding error at a call management center in Colorado, the FCC said.

In 2015, T Mobile US agreed to a $17.5 million settlement after two 911 service outages nationwide in August 2014. The separate but related outages lasted approximately three hours and affected almost all of T-Mobile’s then 50 million customers.

Reporting by David Shepardson; Editing by Lisa Shumaker and David Gregorio

AT&T is continuing its 5G wireless trials in several cities around the country, attempting to determine if there is a business case for wireless home broadband offering speeds up to a gigabit on a shared, next-generation wireless network. While some trial participants are getting blazing fast speeds, some may be out of luck if their homeowner association or apartment owner bans outdoor antenna equipment from being attached to the side of buildings for aesthetic reasons.

More than a year ago, AT&T launched an enterprise 5G trial in Austin to learn more about millimeter wave spectrum and how it could be used to deliver very high-speed fixed wireless internet access. In late 2017, AT&T expanded 5G trials to Waco, Tex., Kalamazoo, Mich., and South Bend, Ind., to test whether the service would work in residential and suburban neighborhoods where tree-lined streets and yards could theoretically block the extremely high and very line-of-sight frequencies AT&T’s 5G service uses.

“My team spent countless hours collecting data and talking to real people who elected to join the trial,” wrote Melissa Arnoldi, president, technology and operations for AT&T, in a blog post. “What worked? What didn’t? What did we need to change? Why was this happening here and not there? Would mmWave spectrum really work to deliver 5G? Did we really just hit that speed in South Bend?”

Part of AT&T’s 5G wireless service trial is taking place in the River Park neighborhood of South Bend, Ind.

What AT&T also learned is to talk about the successes and keep the failures to themselves. In a more recent blog post, Arnoldi shared how the Rubbelke family is benefiting from AT&T’s 5G wireless service at their home in the River Park neighborhood, just to the southeast of downtown South Bend:

Well, for one – it’s providing them with ultra-fast wireless speeds. Just how fast?  At the Rubbelke household, they’re seeing peak wireless speeds nearing 1 Gbps and latency rates less than 20 milliseconds.

Using this emerging technology, Rebecca can easily stream their 3-year-old daughters’ favorite TV show on the tablet. Her husband, Michael, can download textbooks and research materials in an instant for his graduate program. And they can connect with family over video chat without noticeable buffering.

And they can use all of these bandwidth-heavy applications simultaneously and seamlessly—something that would be nearly impossible with current LTE technologies.

Arnoldi’s summary of AT&T’s experiences with 5G are all positive, all the time:

Waco, Texas
Participants: Small and mid-sized businesses

• Provided 5G mmWave service to a retail location more than 150 meters away from the cell site and observed wireless speeds of approximately 1.2 Gbps in a 400 MHz channel.
• Observed latency rates at 9-12 milliseconds.
  • Latency impacts things like the time between pressing play and seeing a video start to stream or hitting a web link and seeing a webpage begin to load. For context, MIT researchers discovered the human brain “latency” is 13 milliseconds.
• Supported hundreds of simultaneous connected users using the 5G network.

Kalamazoo, Michigan
Participants: Small businesses 

• Observed no impacts on 5G mmWave signal performance due to rain, snow or other weather events.
• Learned mmWave signals can penetrate materials such as significant foliage, glass and even walls better than initially anticipated.
• Observed more than 1 Gbps speeds under line of sight conditions up to 900 feet. That’s equal to the length of 3 football fields.

South Bend, Indiana
Participants: Small business and residential customers

• Observed a full end-to-end 5G network architecture, including the 5G radio system and core, demonstrating extremely low latency.
• Successfully provided gigabit wireless speeds on mmWave spectrum in both line of sight and some non-line of sight conditions.

But it isn’t all great news.

Line of Sight vs. Zoning and HOA Restrictions

AT&T’s millimeter wave trials are taking place in the 28 and 39 GHz bands that are way above even the 5 GHz Wi-Fi your home router may be equipped with. Anyone who has compared the older 2.4 GHz Wi-Fi band with the newer, but less congested 5 GHz band knows that while 5 GHz can deliver faster speeds with less interference, it is also more distance sensitive than the lower frequency alternative. The more obstacles between your Wi-Fi enabled router and your wireless device, the poorer the results.

A simulated small cell antenna as part of a light pole. (Image courtesy of Crown Castle)

AT&T claims its beta tests are showing “better than expected” results from its 5G service in both line of sight and non-line of sight conditions, but won’t say how much speeds are affected in more marginal reception conditions. AT&T’s 5G antennas are located outdoors, which should offer a clearer path between the transmitter and the receiver, and AT&T claims the signal “performs well” despite foliage and buildings blocking the line of sight between the antenna and a subscriber’s home.

But AT&T itself must not be totally satisfied with the results, because the company told Ars Technica it has begun testing adaptive beamforming and beam tracking to “enable non-line-of-sight 5G services in our trials.” ‘Enable’ in this context suggests that without these adaptive technology add-ons to overcome foliage and building blockages, 5G service did not work well.

Other blockages, those AT&T cannot outwit with technology, are zoning controversies over small cell antennas and homeowner association agreements that restrict outdoor antennas, even though fixed wireless antennas are protected by a FCC ruling allowing them. Despite the fact these antennas are small and unobtrusive — usually installed on an exterior wall near the roof-line — some requests have created controversy in neighborhoods for aesthetic or dubious health and safety concerns.

Even more controversial are the small cell antennas that must be installed inside neighborhoods within 200-800 feet of customers. Some local authorities and homeowner associations may object less to the antenna than to its power supply and battery backup equipment, usually housed inside large-sized metal cabinets placed nearby on the ground or on the pole itself.

In South Bend, AT&T Fiber is on the way in many parts of the city, offering wired gigabit speed service without the limitations of marginal signal reception or fussy HOA agreements and paranoid neighbors. That fact has not been lost on AT&T’s executive management, who remain uncertain about the business case of offering fixed 5G wireless home broadband in areas that will also be served by AT&T Fiber, the company’s fiber to the home service.

In the case of South Bend, AT&T’s trial is taking place in a relatively dense city neighborhood that would normally be a prime target for AT&T Fiber. The cost to provision fiber to the home service in areas already wired for AT&T Fiber may prove a better value for AT&T than contemplating the cost of installing nearly 60 small cells to serve each square mile of South Bend.