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.

Two weeks ago, New York State’s telecommunications regulator gave Charter Communications 14 days to fully and unconditionally agree to the terms and condition of the 2016 Merger Order that granted the cable company permission to acquire Time Warner Cable. On the last day, hours before the deadline expired, Charter agreed, sort of.

“This replacement letter hereby clarifies that Charter ‘unconditionally accept[s] and agree[s] to comply with the commitments set forth in the body of [the Merger Order] and Appendix A’ as set forth in Ordering Clause 1 of the Merger Order,” wrote Adam E. Falk, senior vice president for state government affairs at Charter Communications.

Unwilling to stop there, Falk decided to make the unconditional acceptance… conditional.

“While Charter’s acceptance of these commitments is unconditional, this acceptance remains subject to applicable law,” Falk wrote. “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.”

That final paragraph signals the Public Service Commission/Department of Public Service that Charter intends to continue insisting that the language in Appendix A governs, defines, and characterizes the entire Merger Order — an argument the Commission had refused to accept because it gave a foundation for Charter officials to claim they were in full compliance with their commitment to roll out service to an additional 145,000 unserved New York residents. Appendix A omits the purpose and intent of the expansion commitment, explained elsewhere in the Merger Order as providing broadband service in New York’s unserved rural areas. Charter had attempted to count as “new passings” any new expansion of its cable lines, including those in wealthy gated communities and upscale condos, refurbished apartments in New York City, and new housing developments — all likely to receive service without the Merger Order.

AT&T has some expensive legal bills to pay facing down the Justice Department’s objections to its recent expensive acquisition of Time Warner, Inc. But no worries, AT&T’s wireless customers will be helping to pick up the tab after another major hike in an “Administrative Fee” that will raise at least $800 million a year for the phone company.

BTIG Research analyst Walt Piecyk caught AT&T hiking its Administrative Fee twice during the last quarter, now reaching $1.99 a month, billed to every post-paid wireless customer.

AT&T introduced the fee in 2013, claiming it would cover some of AT&T’s costs connecting phone calls and managing its wireless network. It started at $0.61 a month, then increased at some point to $0.76.

Although AT&T received negative press after introducing the fee, for most customers it is just one of several barely noticed charges applied in a separate section of monthly bills usually reserved for mandatory government fees and taxes. Many customers assume the fees are mandated by local, state, or federal governments, but in fact many are actually conjured up by AT&T and pocketed by the company. Most analysts believe companies create these fees to raise revenue without the perception of raising rates.

“The Administrative Fee helps defray certain expenses AT&T incurs, including but not limited to: (a) charges AT&T or its agents pay to interconnect with other carriers to deliver calls from AT&T customers to their customers; and (b) charges associated with cell site rents and maintenance.” – AT&T

Customers are now noticing the $1.99 Administrative Fee and complaining about it, after the company nearly tripled it over the last three months.

Fees and surcharges paid by a typical AT&T wireless customer in Illinois.

“In April of 2018, the Administrative fee increased to $1.26 and in June it rose again to $1.99,” Piecyk writes. “We believe the increase applies to all post-paid phone lines other than perhaps some large enterprise contract customers. We have confirmed that it does not apply to pre-paid lines after some customer service reps incorrectly told us otherwise last night. We believe this fee is included in AT&T’s reported service revenue and ARPU despite AT&T’s accounting change last quarter, which stripped regulatory fees and taxes out of both revenue and cost of service.”

Piecyk calculates that if 85% of AT&T’s 64.5 million postpaid wireless customers are now charged the fee, it will result in $800 million of incremental service revenue annually.

Piecyk is skeptical AT&T needed the money to cover cost increases.

“It’s hard to believe that interconnection costs have increased in the past six months enough to justify this fee increase,” Piecyk writes. “In fact, wireless operators have been crediting LOWER interconnection costs when explaining why their cost of service was in decline. Not surprisingly, we don’t recall any reductions in Administrative Fees by AT&T or its peers associated with reductions in interconnection expenses.”

Tower fees, also mentioned by AT&T, may have increased slightly, but as compensation for building out FirstNet, a public safety/first responder-prioritized wireless network, taxpayers are reimbursing AT&T $6.5 billion of FirstNet’s construction costs, despite the fact FirstNet will also benefit AT&T’s ordinary paying customers who will share the benefits of AT&T’s network expansion.

AT&T’s Administrative Fee hike will play right into the hands of T-Mobile, which has an advertising campaign blasting other wireless companies for sneaky fees. (0:45)

Delrahim

The top antitrust regulator in the United States partly blames CNN for helping AT&T and Time Warner outmaneuver the Justice Department and win approval of their merger, despite antitrust objections.

“We have some of the best and most dedicated public servants who tried this case, but we don’t have the same resources available to us,” Makan Delrahim, assistant attorney general of the United States and chief of the Justice Department’s Antitrust Division told Marketplace Morning Report. “We don’t have a 24-hour dedicated news channel to go out and spin your case to the American public and judges and others as some merging parties might.”

CNN is owned by Turner Broadcasting System, Inc., a division of Time Warner, Inc.

Delrahim admitted the government “is often the underdog in a lot of these cases, and we’re still considering our next steps and whether or not the government will appeal.”

AT&T and Time Warner clearly do not believe the government will further pursue the case, treating the merger as a done deal as the two companies move forward on combining their assets.

Delrahim complained about the judge handling the case, whose ruling excoriated the government’s case and strongly urged the Justice Department to not contemplate an appeal. In Delrahim’s view, the judge gave favorable weight to evidence from the two companies and dismissed much of the evidence the government presented.

“I think eight out of 10 judges may have treated this case differently,” he concluded.

Delrahim expressed his general frustration with government antitrust regulators attempting to impose various deal conditions and limitations designed to mitigate a transaction’s anti-competitive harm in the marketplace.

“If there’s a substantial lessening of competition, that’s the legal test, then the transaction is illegal,” Delrahim said. Instead of that simple test, the antitrust division often tries to rescue troublesome transactions with deal conditions he calls “microengineering an industry which is dynamic,” and in his view, is contrary to the role Congress assigned to the Antitrust Division. “I think the role is you go in, if there’s problematic aspect of a transaction, you divest and you let the market decide what the prices are now.”

“So the idea is: the greater the competitive process, the better the price ultimately will be, or the better the products will be for the consumer. And that’s where you have fair competition in the marketplace,” he added. “Our job is to police that. It isn’t to keep companies from getting too big. If they’re better at what they do, if customers like what they do, more power to them. The free market system encourages that. And we shouldn’t punish them once they have reached a certain level of success. If they are too big though, they also got to be careful. They can’t take anti-competitive practices that harms competition, which ultimately harms consumers.”

Customers in several midwestern states around Chicago have today reported to Stop the Cap! Comcast has provisioned a speed change on their internet accounts with no advance warning or notice, raising download speeds from 100 Mbps to 150 Mbps but cutting upload speeds in half — from 10 Mbps before to 5 Mbps.

The changes seem to impact customers on the midwestern region Blast plan, which was sold in many areas around Chicago with speeds of 100/10 Mbps. Some customers logging into their accounts today see a unilateral plan change there as well — one they never asked for, reflecting the changed speeds:

Comcast has yet to respond to our inquiry about the confusion. Some customers are being told the plan change is in error, at least with respect to upload speeds. It would be unprecedented for Comcast to reduce customer speeds when making speed adjustments. If you are in the midwest and subscribe to this tier, what speeds are you getting today and what does your account profile show with respect to your current internet plan?

Updated 9:01pm EDT — Comcast has responded: “We plan to increase speeds in our central division next month and will share more details soon. It’s important to note that upload speeds will not change as part of that announcement.”

We remain uncertain why current speeds seem to have declined in some areas, which was not addressed.

Updated 9:15pm EDT — Some of the speed changes appear to be related to soft-launched speed upgrades in the Central U.S. division (Alabama, Arkansas, Florida, Georgia, Indiana, Illinois, Kentucky, Louisiana, Michigan, Mississippi, South Carolina, and Tennessee). The Performance tier that used to be 100/10 Mbps is increasing to 150/10 Mbps and the Extreme tier which was 150/20 Mbps previously is upgraded to 250/20 Mbps. You may need to briefly unplug your modem/gateway to receive the new speeds.

Updated June 27 11:10am EDT — Comcast has officially confirmed the upload speed reductions were in error. Customers that still find their upload speeds reduced should reset their modem, and upload speeds of at least 10 Mbps should be restored. The company’s forthcoming speed increases will maintain current upload speeds.