News that two major cable operators are contemplating breaking up Time Warner Cable and dividing customers between them has caused stock prices to jump for all three of the companies involved.

CNBC reported Friday that Time Warner Cable approached Comcast earlier this year about a possible friendly takeover under Comcast’s banner to avoid an anticipated leveraged takeover bid by Charter Communications. Top Time Warner Cable executives have repeatedly stressed any offer that left a combined company mired in debt would be disadvantageous to Time Warner Cable shareholders, a clear reference to the type of offer Charter is reportedly preparing. But the executives also stressed they were not ruling out any merger or sale opportunities.

News that there were two potential rivals for Time Warner Cable excited investors, particularly when it was revealed possible suitor Comcast is also separately talking to Charter about a possible joint bid that would split up Time Warner Cable customers while minimizing potential regulatory scrutiny.

The Wall Street Journal reported Charter is nearing completion of a complicated financing arrangement that some analysts expect could include up to $15 billion in debt to finance a buyout of Time Warner Cable. Such deals are not unprecedented. Dr. John Malone’s specialty is leveraged buyouts, a technique he used extensively in the 1980s and 1990s to buy countless smaller cable operators in a quest to build Tele-Communications, Inc. (TCI) into the nation’s then-biggest cable operator.

In addition to Barclays Bank, Bank of America, and Deutsche Bank — all expected to finance Malone’s bid — Comcast may also inject cash should it team up with Charter’s buyout. Comcast is interested in acquiring new markets without drawing fire from antitrust regulators.

If the two companies do join forces and pull off a deal, Time Warner Cable’s current subscribers will be transitioned to Charter or Comcast within a year. That is what happened in 2006 to former customers of bankrupt Adelphia Cable who eventually became Comcast or Time Warner Cable customers. Analysts predict the two companies would divide up Time Warner Cable territory according to their respective footprints. New York and Texas would likely face a switch to Comcast service, for example, while North Carolina, Ohio, Maine, and Southern California would likely be turned over to Charter.

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CNBC reports Charter Cable and Comcast might both be interested in a buyout of Time Warner Cable that would dismantle the company and divide subscribers between them. (4:18)

Reportedly financing the next era of cable consolidation.

Both bids are very real possibilities according to Wall Street analysts. Comcast has sought formal guidance on how to deal with the antitrust implications of a controversial merger between the largest and second-largest cable operators in the country. The industry has laid the groundwork for another wave of consolidation by winning its 2009 court challenge of FCC rules limiting the total market share of any single cable operator to 30 percent. Despite that, a Comcast-Time Warner Cable deal would still face intense scrutiny from the Justice Department. Getting the deal past the FCC may be a deal-breaker, admits Craig Moffett from MoffettNathanson.

“The FCC applies a public interest test that would be much more subjective,” Moffett said. “It wouldn’t be a slam dunk by any means. The FCC would be concerned that Comcast would have de facto control over what would be available on television. If a programmer couldn’t cut a deal with Comcast, they wouldn’t exist.”

Roberts

Supporters and opponents of the deal are already lining up. Charter shareholders would likely benefit from a Charter-only buyout so they generally support the deal. Time Warner Cable clearly prefers a deal with Comcast because it can afford a buyout without massive debt financing and deliver shareholder value. Comcast shareholders are also encouraging Comcast to consider s deal with Time Warner Cable. Left out of the equation are Time Warner Cable customers, little more than passive bystanders watching the multi-billion dollar drama.

The personalities involved may also be worth considering, because Comcast CEO Brian Roberts and John Malone have history, notes the Los Angeles Times:

Malone and Roberts first brushed up against each other more than two decades ago. At that time, both Liberty and Comcast were shareholders in Turner Broadcasting, the parent of CNN, TNT, TBS and Cartoon Network. When Time Warner, which was also a shareholder, made a move to buy the entire company,  there was tension because Comcast felt Liberty got a better deal to sell its stake. Roberts grumbled at the time that Liberty was getting “preferential treatment.”

A few years later, it was Malone’s turn to be mad at Roberts. When TCI founder Bob Magness died in 1996, Roberts made a covert attempt to buy his shares, which would have given him control of [TCI]. Malone beat back the effort, but it left a bad taste in his mouth.

“Malone was livid,” wrote Mark Robichaux in his book, “Cable Cowboy: John Malone and the Rise of the Modern Cable Business.”

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Even cable stock analyst Craig Moffett is somewhat pessimistic a Comcast-TWC merger would have smooth sailing through the FCC’s approval process. Moffett worries Comcast would have too much power over programming content. (3:53)

Ironically, when Malone sold TCI to AT&T, the telephone company would later sell its cable assets to Comcast, run by… and Brian Roberts.

Most of the cable industry agrees that the increasing power of broadcasters, studios, and cable programmers is behind the renewed interest in cable consolidation. The industry believes consolidation provides leverage to block massive rate increases in renewal contracts. If a programmer doesn’t budge, the network could instantly lose tens of millions of potential viewers until a new contract is signed.

Many in the cable industry suspect when Glenn Britt retires as CEO by year’s end, Time Warner Cable’s days are numbered. But any new owner should not expect guaranteed smooth sailing.

“We expect a Comcast-TWC deal would draw intense antitrust/regulatory scrutiny and likely resistance, stoked by raw political pushback from cable critics and possibly rivals who would argue it’s simply a ‘bridge too far’ or ‘unthinkable,’” Stifel telecom analysts Christopher C. King and David Kaut wrote in a recent note to clients. “We believe government approval would be possible, but it would be costly, with serious risk. This would be a brawl.”

Usage Cap Man may soon visit Time Warner Cable customers if either Charter or Comcast becomes the new owner.

While the industry frames consolidation around cable TV programming costs, broadband consumers also face an impact from any demise of Time Warner Cable. To date, Time Warner Cable executives have repeatedly defended the presence of an unlimited use tier for its residential broadband customers. Charter has imposed usage caps and Comcast is studying how to best reimpose them. Either buyer would likely move Time Warner Cable customers to a usage-based billing system that could threaten online video competition.

“Our sense is the DOJ and FCC would have concerns about the market fallout of expanded cable concentration and vertical integration, in a broadband world where cable appears to have the upper hand over wireline telcos in most of the country (i.e., outside of the Verizon FiOS and other fiber-fed areas),” Stifel’s King and Kaut wrote. “We suspect the government would raise objections about the potential for Comcast-TWC bullying of competitors and suppliers, given the extent and linkages of their cable/broadband distribution, programming control, and broadcast ownership.”

Since none of the three providers compete head-on, the loss of “competition” would be minimal. Any Comcast-Time Warner Cable deal would likely include semi-voluntary restrictions like those attached to Comcast’s successful acquisition of NBC-Universal, including short-term bans on discriminating against content providers on its broadband service.

Customers can expect a welcome letter from Comcast and/or Charter Cable as early as spring of next year if Time Warner Cable accepts one of the deals.

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Bloomberg News reports if Comcast helps finance a deal between Charter and Time Warner Cable, Comcast would likely grab Time Warner Cable systems in New York for itself. (2:26)

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Dr. John Cioffi, the “Father of DSL” doesn’t think much of fiber to the home service, suggesting it is a waste of money and delivers budget-busting losses to providers. He has the ear of the man in charge of overseeing Australia’s National Broadband Network, Communications Minister John Turnbull. Turnbull’s public statements imply he supports Cioffi’s approach – a hybrid fiber-copper network similar to AT&T U-verse.

By adopting cheaper VDSL technology, Cioffi claims providers can avoid the “$800 unrecoverable loss per customer Verizon FiOS has experienced” bringing fiber to the home. He also claims fiber to the home service isn’t as robust as fiber proponents claim, with flimsy, easy-to-break fiber cables and loads of service calls commonplace among some European providers.

Few media interviews, including this one with ABC Television, bother to fully disclose how Cioffi has a big dog in the broadband technology fight. Cioffi founded ASSIA, Inc., a firm that markets products and services to DSL providers. ASSIA is backed by investments from AT&T, its first customer, and a handful of overseas telephone companies. Cioffi estimates ASSIA software is used to manage 90 percent of existing DSL accounts in the United States and is a fundamental part of AT&T’s efforts to increase U-verse speeds. Dismantling DSL in favor of fiber could have a marked impact on ASSIA’s profits. (8:47)

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Australia’s new Communications Minister Malcolm Turnbull talks with Dr. John Cioffi about the differences between VDSL and fiber technologies. Cioffi bashes one form of fiber to the home service dubbed “GPON” because it shares infrastructure. Cioffi claims fiber speeds drop to 20Mbps when a few dozen people share a GPON connection. When in Paris, Cioffi claims his shared fiber connection maxed out at 2.5Mbps while ADSL still ran at 6Mbps. (3:52)

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Unsurprisingly, Cioffi claims his company’s software is essential for a good vectored VDSL user experience. Cioffi also claims VDSL can easily beat GPON fiber broadband speeds, a very controversial claim. In Cioffi’s view, even Wi-Fi can perform better than fiber. Finally, Cioffi claims Google is spending $8,000 per customer to deploy its fiber to the home network, when VDSL can do the job for much less money. (2:58)

The Australian government’s proposal to launch a nationwide fiber to the home National Broadband Network (NBN) has been scrapped by the more conservative Liberal-National Coalition that replaced the Labor government in a recent election.

As a result, the Coalition has announced initial plans to revise the NBN with a mixture of cheaper technology that can result in faster deployment of lower speed broadband at a lower cost. If implemented, fiber to the home service will only reach a minority of homes. In its place,  cable broadband may be the dominant technology where cable companies already operate. For almost everyone else, technology comparable to AT&T U-verse is the favored choice of the new government, mixing fiber-to-the-neighborhood with existing copper wires into homes..

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Australia’s new Communications Minister moves to put the Coalition government’s stamp on the National Broadband Network, replacing most of the promised fiber-to-the-home technology with a service comparable to AT&T U-verse. From ABC-TV (6:32)

Just a year earlier Telstra, Australia’s largest phone company, was planning to decommission and scrap its copper landline network, considered “five minutes to midnight” back in 2003 by Telstra’s head of government and corporate affairs, Tony Warren. Now the country will effectively embrace copper technology once more with an incremental DSL upgrade, forfeiting speeds of up to 1,000Mbps over fiber in return for a minimum speed guarantee from the government of 24Mbps over VDSL.

The turnabout has massive implications for current providers. Telstra, which expected to see its prominence in Australian broadband diminished under Labor’s NBN is once again a rising star. The Liberal-National Coalition government appointed Telstra’s former CEO Ziggy Switkowski to run a “rebooted” Coalition NBN that critics are now calling Telstra 3.0. Communications Minister Malcolm Turnbull also installed three new members of the NBN’s governing board consisting of a Telstra executive, a founder of a commercial Internet Service Provider, and an ex-construction boss who left the NBN in 2011.

[flv]http://www.phillipdampier.com/video/ABC Malcolm Turnbull Outlines NBN Review 9-24-13.mp4[/flv]

ABC reports Communications Minister Malcolm Turnbull asked for the resignations of the entire NBN board, one of the first steps to re-envision the NBN under the Liberal-National Coalition’s party platform. Turnbull accused the former government of setting political targets for fiber broadband and was never forthcoming about the true cost and complexity of the ambitious fiber project. (8:50)

Turnbull

Some Australians complain that NBN’s proposed reliance on Telstra copper is a mistake. Telstra has allowed its landline infrastructure to decline over the years and many are skeptical they will ever see faster speeds promised over wiring put in place decades earlier.

The NBN under the Liberal-National Coalition will depend heavily on two copper-based technologies to deliver speed enhancements: VDSL and vectoring. Both require short runs of well-maintained copper wiring to deliver peak performance. The longer the copper line, the worse it will perform. If that line is compromised, VDSL and vectoring are unlikely to make much difference, as AT&T has discovered in its effort to roll out faster U-verse speeds, much to the frustration of customers that cannot upgrade until AT&T invests in cleaning up its troubled copper network.

Coalition critics also warn the new government will foolishly spend less on a fiber-copper network today that will need expensive fiber upgrades tomorrow.

Turnbull isn’t happy with Australia’s mainstream media for lazy reporting on the issues.

ABC Radio reports that the Coalition’s approach to the NBN may be penny-wise, pound foolish. By the time the NBN rolls out fiber to the neighborhood and Telstra is required to invest in upgrades to its copper network to make it work, fiber to the home service could turn out to have been cheaper all along. (5:11)
You must remain on this page to hear the clip, or you can download the clip and listen later.

“I have to say that by and large the standard of reporting of technology and broadband by the mainstream media has been woeful,” Turnbull said. “If the Australian public are misinformed about these issues, it was in large part a consequence of the unwillingness of the mainstream media to pay any attention to what is really going on in the industry.”

The promise of fiber optic broadband may prove elusive under the new government.

With much of the new NBN dependent on Telstra’s copper telephone network, Stuart Lee, Telstra’s managing director of its wholesale division, rushed to defend the suitability of the same copper network Telstra was prepared to scrap under the last government.

Lee said he was especially annoyed with critics that call Telstra’s copper networking “aging.”

“The other thing that makes me cross when I hear it, and I see it a lot in the press is the talk of the aging copper network. It’s not. It’s not an aging copper network. It’s like grandfather’s axe; it’s had five new handles and three new heads. When it breaks, we replace the broken bit. So it’s much the same as it always has been and always will be,” Lee said. “It’s just an older technology, it’s not that the asset itself has deteriorated.”

When questioned about several recent high-profile mass service disruptions Australians experienced on Telstra’s landline copper network, Lee blamed the weather, not the network.

“They correlate to weather events, and the weather events we’ve had in the last [few years] is about five to six times the previous ones, so surprise surprise there is a lot more damage,” said Lee.

The new government has charged the Labor-run NBN with inefficiency, taxpayer-funded waste, and playing politics with broadband by giving high priority to fiber upgrades in constituencies served by threatened Labor MPs. Lee added NBN Co has played loose with the facts, declaring premises “passed” by the new fiber network without allowing customers to order service on the new network. That can become a serious problem, because the NBN plan calls for customers’ existing copper phone and DSL service to be decommissioned soon after the fiber network becomes available.

The Sydney Morning Herald compared the last Labor government’s broadband policy with the new Coalition government policy.

iiNet’s chief technology officer, John Lindsay said that the potential for disconnecting customers from the ADSL network while they still can’t order NBN service was “madness.”

The Labor government’s NBN has also been under fire for a pricing formula that includes a usage component when setting prices. Impenetrably named the “connectivity virtual circuit” charge, or CVC, the NBN charges retail providers a monthly connection fee for each customer and a usage charge that includes a virtual data allowance originally set at 30GB. Retail providers are billed extra when customers exceed the informal allowance. Although the government promised to reduce the charges, they effectively haven’t and likely won’t until 2017.

Lindsay called the CVC an artificial tax comparable to the Labor government’s carbon tax, and represents a digital barrier to limit customer usage.

“It’s a tax on packets,” Lindsay said.

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Tasmanian residents complain NBN Co’s new fiber network is claimed to be available, but actually isn’t in many neighborhoods now scheduled for disconnection from Telstra’s copper landline and DSL network. (2:17)

The WiredWest Cooperative
Towns shown above are official voting members of the WiredWest Cooperative. The town of Montgomery has also recently become a member. Requirements for new towns including being contiguous and directly accessible by road from another WiredWest member town, and less than 50% served by cable broadband.

Although plans to offer publicly owned fiber to the home service in 42 western Massachusetts communities are moving forward, a proposed $10 million taxpayer-funded incentive to encourage Comcast to expand cable service in western Massachusetts could mean the cable giant might get to some of those communities first.

Reps. Stephen Kulik (D-Worthington), Paul Mark (D-Cuba) and Sens. Stanley Rosenberg (D-Amherst) and Benjamin Downing (D-Pittsfield) have filed an amendment to Gov. Deval Patrick’s $40 million community broadband bond bill requesting a $10 million incentive be included to underwrite Comcast’s expenses to expand cable service into areas the company has long declared unprofitable.

“It’s challenging, because you cannot overbuild a new broadband network where there is existing service,” Kulik told The Recorder. “What we’re proposing is to add language to this bill, to provide incentive money to expand cable service.  The partial cable towns aren’t eligible for federal funds. Carving out a way to reach out to these towns and extend cable seems a better way to do this.”

The dozens of communities participating in the WiredWest community broadband consortium have waited years for better broadband service. Rural western Massachusetts has been largely bypassed by Verizon, which only offers limited DSL service to some customers. Dominant cable provider Comcast primarily serves denser neighborhoods in selected towns.

Life is particularly complicated for the handful of communities that have some service from Verizon and/or Comcast, because almost all federal broadband grants are available only to communities that don’t have Internet access. These partially served areas, dubbed “cable towns,” are frustrated by government grants that only direct funding to areas where no service is available and are on the receiving end of endless complaints from local residents suffering broadband envy, knowing a neighbor up the street has had cable service for 30 years while many others are left in limbo.

Kulik

In August, Chris Saner of Huntington told the newspaper Comcast’s cable line ends 1.4 miles down the road from his house. The cable company would be happy to extend service to the roadway in front of his home for $24,000. If Saner had to sell his home, that investment might be mandatory to help find a buyer. Saner should know, as he works in real estate. Prospective buyers tell him, “don’t even show me anything where there’s no cable.”

Broadband access has become so critical, some don’t care whether they get it from WiredWest’s future fiber network or Comcast’s coax.

Fiber broadband “is lobster and filet mignon. Cable is hamburger, but give us hamburger —we’re starving out here,” Saner said.

The $10 million proposal from the four Massachusetts Democrats could bring faster cable Internet service for some residents, but could also potentially undercut fiber access down the road.

Comcast isn’t likely to expand service on its own, citing Return On Investment formulas that make expansion unprofitable. A $10 million incentive could resolve some of those cost concerns, but critics call it corporate welfare.

Robbie Leppzer, a Wendell documentary filmmaker who has been involved in the struggle to improve broadband in western Massachusetts for years, suggests that taxpayer funds would be better spent in the public sector, “where towns and their residents have more say in the process.”

“Personally, I would love to see a nonprofit, community-based solution because it would be a more effective use of money, and it would keep it in the fiber-optic realm,” Leppzer told the newspaper. “While [coaxial cable] may be adequate for now, it will not meet the needs of the 21st century.”

Ironically, western Massachusetts may eventually get the fastest Internet speeds in the state from the Massachusetts Broadband Institute’s $71.5 million middle-mile network, now 95 percent complete. MBI’s priority is to build the regional fiber network and provision it for institutional customers including municipal buildings, schools, hospitals, libraries, fire and police departments. Once complete, the network’s second phase involves expanding access to the public.

The WiredWest consortium will be the public-facing part of the project, responsible for marketing high-bandwidth, affordable Internet, phone, high-definition television services and ancillary services to residents and businesses. WiredWest wants to build a 1,952-mile fiber-to-the-home network off MBI’s regional fiber backbone and institutional network.

One of the most common questions from eager would-be customers is exactly when the fiber network will be finished and open for business to the public. Funding remains the biggest impediment. The cost of wiring residents for fiber service across the 42-town consortium ranges from $70 million to $130 million. It’s a substantial sum for small communities to cover, but the project does enjoy economy of scale that could ultimately save taxpayer dollars.

In Leverett, which has been building a fiber-to-the-home network on its own, the price tag for the 1,900 residents is $3.6 million — the amount of the bond secured to launch the project. Leverett residents will cover the costs of the fiber network through a tax increase that will amount to $295 a year over 20 years for a home assessed at $278,700.

The state can continue to budget about $40 million annually to gradually connect residents to the WiredWest fiber network or find Comcast expansion a better choice at a quarter of the price in some communities. It could even fund both. For some elected officials, getting broadband to communities using any means necessary is the primary goal. Downing thinks the western half of the state has waited long enough for broadband, noting the improvement initiative started in 2008. He wants the project finished before Patrick leaves office.

“We should all recognize that 18 months from now is the end of this administration,” Downing said. “And there is no guarantee that the next governor will share the same commitment for this project.”

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The western Massachusetts middle-mile/fiber to the home project is being developed in cooperation with Axia Technology Partners, a consulting, engineering, and construction firm. Tim Scott talks to Viodi.tv about Axia’s role as the operator for the Massachusetts community network. (7:45)

As Dr. John Malone positions his pieces on the cable industry’s chess board to win back the title of King of Big Cable, it is important to consider history.

Malone’s growing interest in a combined Charter-Time Warner Cable, under his effective control, is the first step towards re-envisioning Tele-Communications, Inc. (TCI) — America’s largest cable operator in the 1980s and early 1990s. Although most of the original TCI Cable systems are now owned by Comcast, Malone’s notorious way of doing business may soon affect millions of Charter and Time Warner Cable subscribers in the not-too-distant future.

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How bad was life with TCI as your local cable company? Listen to Alan Garner, then-City Attorney for Jefferson City, Mo., who testified before Congress in March, 1990 about the uniquely abusive, allegedly criminal behavior of out of control TCI executives. (5:04)

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Sen. Daniel Inouye (D-Hawaii) was so stunned by the events in Jefferson City, he first asked if TCI’s threats were documented and on learning they were the basis of $35 million in court-ordered damages, the chairman of the Senate Commerce Committee remarked, “you got thugs around there.” Under detailed questioning by Sen. John Danforth (R-Mo.) Garner talks about the “B-Movie” threats from TCI executives who warned city officials “we know where you live,” constant rate hikes, take-what-we-give-you service, and the fact TCI was willing to rip down cable lines and leave the city without cable service if they were denied a franchise renewal. (14:12)

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A befuddled Sen. Conrad Burns (R-Mont.) asked Garner why the city would still want to stay involved in the cable franchise process after the city’s horror story. Garner explained cable operators use public property to wire service to customers. Without local oversight, Garner believed TCI would still be scattering cable lines across neighbors’ backyards, across sidewalks, and draped over fences. TCI had a unique way of managing local service complaints, according to Garner. It threw service orders into a random cardboard box and let cable repair crews fish them out one by one. The ones furthest back in the box were the oldest, and the least likely to ever be chosen. TCI only listened to city officials when they had some oversight and enforcement powers. (3:13)