Spectrum workers on strike march in the 2017 Labor Day parade in New York City. (Image courtesy: IBEW/Local 3)

Charter Communications’ list of addresses of some of its “locally based contractors” turned out to be self-storage locations, leading to accusations the company could potentially be in default of its franchise agreement with New York City.

Charter agreed to use city-based contractors wherever possible to maintain and upgrade its expansive cable system in the Big Apple. But an audit by the Department of Information Technology and Telecommunications found only seven of 26 vendors Charter uses are in the city, despite claims by Charter that 77% of its vendors are NYC-based.

On its own, the violation might seem minor, except for the fact Charter Communications has left 1,800 of its best-trained workers in New York and New Jersey out on strike for 11 months, the longest unresolved labor action of 2017.

Workers’ demands, presented by the International Brotherhood of Electrical Workers (IBEW) Local 3, have been largely ignored by Charter, in part because the company can find replacement workers outside of the area.

Charter’s denial of the accusation it was in violation of its agreement to use local labor included an attempt to broaden the definition of “located,” followed by an effort to change the subject to what the company alleges are more than 100 acts of vandalism committed by striking workers or those sympathizing with them.

“We continue to meet our franchise obligations, and our response to their findings is included in the report,” a Charter spokesman told the New York Daily News over the weekend.

Although union resources supporting the striking workers have been tested to their limits, the union and most of its members persevere. But it remains a difficult struggle, with some members on the verge of losing their apartments, and many more now relying on food banks and public assistance.

The dispute began after the former Time Warner Cable employees were transitioned to Charter Communications. Charter announced it wanted to pull out of the union’s pension and healthcare plans and replace them with a company-sponsored healthcare offer and a 401(k) retirement plan.

“They basically said that until we agree that they don’t have to contribute to our pension and health plan, they won’t talk about anything else,” Chris Erikson, business manager of Local 3, told the Daily News last fall. “That’s a gun to our head, they said ‘Take it or leave it.’ And our membership understands the value of what’s at stake here, and they decided to leave it.”

Efforts by large corporations to abandon employee care and retirement plans administered by the unions themselves is part of a broader national attack to make unions irrelevant, argue union defenders. The replacement plans offered by Charter are greatly reduced from what Local 3 fought for and won from Time Warner Cable.

“The practical side of the medical plan that the members have is: my son had a kidney transplant and I got the bill from Columbia Presbyterian hospital and it was $96,000. My share of that was 200 bucks. If I was in Charter’s medical plan I’d probably have to take a loan to pay the hospital bill – that’s with coverage,” Erikson told The Guardian.

Charter can certainly afford to cover its workers’ needs. The company’s CEO was the highest paid in the country in 2016, earning $98 million. The impact of the Trump tax cuts also delivered soaring profits for Charter Communications as a whole.

Profits for the fourth quarter of 2017 hit $9.6 billion, compared with $454 million during the same period in 2016. Profits for the year reached $9.9 billion, compared with $3.5 billion in 2016. Charter earned $41.6 billion in revenue in 2017.

New York Mayor Bill de Blasio thinks the strike has gone on for too long.

“It’s been almost a year that Local 3 workers have been on strike. It’s far past time for management to come to the table with a fair deal,” he said.

The Trump Administration is seeking billions in new “user fees” charged to broadcasters, cable and satellite providers that would likely be passed along to consumers as a new surcharge on their cable, wireless, and broadband bills.

The White House, at the request of the Federal Communications Commission, backs increasing user fees to help fund the $4.8 trillion 2019 federal budget. The new fees would be in addition to FCC-imposed “regulatory fees” that are already passed on to customers by most providers.

The fee, vaguely called a “spectrum management tool,” in the FCC’s 2019 budget request, includes few details. Broadcasters have seen similar proposals before, and have attacked them as a way to get TV stations to give up valuable channel holdings. Various administrations have proposed user fees designed to encourage license-holders to abandon less valuable spectrum so it can be repurposed for other uses. But the powerful broadcaster lobby — the National Association of Broadcasters, has successfully appealed to strike similar proposals in the past.

Other mandatory fees, including franchise and regulatory fees, special tax levies, and mandatory surcharges have traditionally been passed along to individual subscribers, often at a markup by the provider. It seems unlikely this fee would not be passed along as well.

Verizon has announced a wave of call center closures in several states that will results in layoffs, although some employees will be invited to reapply for their position if they are willing to move to another state or continue their work as a “Home Based Agent” taking customer service calls from a home office.

Verizon is cutting back on customer service call centers, after looking for ways to cut expenses and direct customers to use “self-service” options on Verizon’s website. For those who still want to speak to ‘a real person,’ increased hold times may be the result. Verizon maintains 16 call centers around the country, with at least six scheduled to close and a seventh closure already in progress.

Affected customer service call centers:

• Mankato, Minn. — Originally a call center for Midwest Wireless and Alltel before being acquired by Verizon Wireless, about half of the estimated 600 workers will be invited to continue as Home Based Agents, while others will be laid off or invited to apply for another position if they are within 90 miles of another Verizon call center and are willing to commute or relocate. Just a few years ago, this call center was desperate to hire a bookkeeper, and handing out lucrative signing bonuses and other incentives.
• North Charleston, S.C. — Formerly a Montgomery Ward department store, Verizon Wireless repurposed the 150,000 square foot facility and hired up to 1,000 workers when it opened in 2004. About 500 workers are being invited to transition into Home Based Agents, “supporting customers the same way and with similar tools as if they were working from a traditional brick-and-mortar call center,” according to a Verizon spokesperson. Verizon will save almost $2 million a year in rent closing the call center. The layoffs and call center shutdown are expected to be complete by September.
• Huntsville, Ala. — The call center in Research Park will be shuttered “in the coming months,” with workers invited to participate in the Home Based Agents program. Verizon claims it will cover “most” of the equipment and supplies needed to work from home, and will pay a stipend of $65 a month for internet access. But other ongoing home office-related expenses, including electricity, furniture, insurance, and other related costs will the employee’s responsibility.
• Albuquerque, N.M. — Verizon Wireless will shut down its 197,000 square foot call center by October 2019, with workers selected for its Home Based Agents program transitioned out of the building by May of 2019. At least 1,000 workers are likely affected. The call center cost $30 million to open in 2006 and by 2009 employed 1,600 workers.
• Hilliard, Ohio — A Verizon call center that formerly absorbed a lot of displaced Verizon call center employees across the region is itself shutting down by November of this year. Qualified workers are invited to continue as Home Based Agents. Verizon employees complain Home Based Agents lack job security and are usually among the first to be laid off in any future downsizing actions. Some recommend relocating to another call center instead of working from home.
• Little Rock, Ark. — Verizon has informed its 600 Little Rock call center employees they are shutting down the office by this October, and workers that want to stay with Verizon will be able to transition to a work-at-home model or apply for a job elsewhere in the company.
• Franklin, Tenn. — Already downsizing, this call center will be shuttered sometime this year, with workers invited to apply for the Home Based Agents program. But some workers with experience working from home warn there are significant downsides: “You can’t relocate to another call center or move to the Home Based Agents program if you are on ‘corrective action’ (for attendance or performance),” said one worker. Those employees will lose their jobs and receive severance packages. “Moral of the story, don’t let yourself get an attendance warning for your kids having the flu [thinking] ‘I will [accept a write-up]’ because if your center closes, you cannot relocate.”

Verizon spokesperson Jenny Weaver told the Albuquerque Journal a very different story about home agents.

“At other places, we’ve found it’s a satisfaction driver for employees,” Weaver said. “Happy employees translates to happy customers, so we’re excited about this.”

Charter Communications has introduced internet-delivered cable television packages that its cable TV subscribers have requested for years, including one offering a true a-la-carte lineup of network TV channels and the customer’s choice of 10 cable channels for $25 a month.

Spectrum Choice was soft-launched this week and is a companion to a larger internet-delivered package of TV services targeting cord-cutters called Spectrum Stream, which is also available in many areas.

Although Spectrum customers can visit the order page to sign up for Spectrum Choice immediately, when we tested it this afternoon we found the website was not able to complete an order. It turns out Spectrum is initially “hand-selecting” about 100,000 customers in selected areas for Spectrum Choice, but won’t disclose exactly where those areas are. We know from some reviews, it is available in parts of Ohio.

For now, would-be customers can try building their own package from at least 65 cable networks, including several networks Spectrum usually bundles into higher cost Silver and Gold packages. For example, Turner Classic Movies, Hallmark Movies and Mysteries, and FX Movie Channel are all available to choose. Spectrum Choice also offers all three major cable news networks as well as Spectrum News (where available). ESPN, ESPN II, FOX Sports, NBC Sports Network, and NFL Network are also available for sports fans. Even Music Choice is included.

Spectrum Choice customers are not tied down with a bloated package of channels, except for the included large bundle of local stations, which includes ABC, CBS, NBC, FOX, CW, MyNetworkTV, PBS, and independent/foreign language over the air stations. The availability of public television is a rarity among online cable TV alternatives. In most areas, digital subchannels like Grit and MeTV are also included, depending on what networks are provided by stations in your area. You will also get several shopping channels, C-SPAN I, II, and III, and local Public, Educational, and Government Access channels as seen on your local cable system.

If you visit their website can complete an order online, you are qualified to receive their service. If there is no option to move forward to complete an order, you are not qualified to sign up at this time, but check back later or call Spectrum and ask.

The service relies on the Spectrum TV app (available on iOS, Android, Roku, and Xbox One) and the Spectrum website to stream video programming to customers, and no set-top box is required. DVR service is not worth the effort or cost. It requires a traditional DVR set top box and you can only watch recorded shows on the television connected to the DVR. Be aware there are also restrictions viewing some channels outside of the home, just as Spectrum’s cable TV customers already understand:

Linear OOH: Watching a live channel while away from home
VOD OOH: Watching on-demand content while away from home
TVE App Name: TV Everywhere App Name – Independent apps used by programmers or viewing on their websites
VOD Parity: Cable TV and Spectrum Choice customers get access to the same on-demand programming options.

Details (click the name of the package for more information):

Spectrum Choice TV

If you don’t mind Charter/Spectrum choosing your channel lineup, a second option offers more channels for about the same price.

• 7-day money back guarantee/trial, then $15 for the first month
• To get the service, you must have an internet-only plan or an internet + voice plan from Spectrum. You cannot be a current traditional cable TV subscriber
• After the first month, the service costs $25 per month for the first two years, including the Broadcast TV Surcharge, but excluding tax
• After 24 months, price increases to $30 a month
• Your assigned Spectrum TV username and password will also work on websites that authenticate you as a qualified cable TV customer
• Premium channels are $7.50 each for HBO, Showtime, The Movie Channel, Starz, and Starz Encore or bundle all-five for $15 a month for two years. Epix is also available a-la-carte.

Spectrum Stream TV

• $21.99 a month (not including $3 Broadcast TV Surcharge) for 25+ pre-selected channels including local stations and major basic cable networks
• All features included with Choice TV work similarly except the lineup is not a-la-carte. But you may get more channels at a comparable price.
• After two years, the price increases to $26.99. Starting in year three, the price rises again to $34.99.
• The same $15 promotion for five premium movie networks noted above applies, if interested.

Spectrum’s promotion of Stream TV. (1:00)

Allegedly independent Cunningham Broadcasting’s headquarters are located at 2000 West 41st Street in Baltimore, coincidentally the same address as Sinclair-owned WBFF-TV, the city’s FOX affiliate.

An analyst warns Sinclair Broadcasting’s willingness to part with WPIX-TV in New York and WGN-TV in Chicago may amount to transferring control of the stations on paper from one hand to the other.

Broadcasting & Cable reports an unnamed source told the trade publication Sinclair is considering “selling” the stations to Cunningham Broadcasting, which is effectively Sinclair in all but name.

Cunningham and Sinclair are more than a little close. The majority of Cunningham-owned stations are run by Sinclair under local marketing agreements, and Sinclair’s founding family controls more than 90% of Cunningham’s stock. That has led to repeated accusations Cunningham is nothing more than a shell corporation used by Sinclair to circumvent the FCC’s TV station ownership caps, something both companies strenuously deny. But observers note some remarkable coincidences, starting with the Cunningham name itself. Cunningham Farms, on a 200-acre estate, Cunningham Manor, are both owned by Sinclair executive chairman David Smith.

Cunningham Broadcasting’s corporate headquarters are inside the studios of WBFF-TV, Sinclair’s FOX affiliate in Baltimore. Cunningham owns WNUV, Baltimore’s CW affiliate, which is also run from the same building as WBFF.

WNUV was originally planned to be a direct Sinclair acquisition, but FCC rules prohibited that. So Sinclair guaranteed loans allowing Glencairn Ltd., (later to be renamed Cunningham Broadcasting), to acquire WNUV instead. At the time, Carolyn Cunningham Smith, the mother of Sinclair’s current executive chairman David Smith, had voting control of Cunningham. That control has since passed to a trust run for the benefit of Smith’s children after Carolyn died in 2012.

After Glencairn/Cunningham won control of the station, it immediately signed a local marketing agreement with Sinclair. That agreement merged WNUV’s operations under the control of Sinclair-owned WBFF. Most employees at WNUV report to Sinclair management. Many of the Cunningham-owned stations also offer options to Sinclair to acquire the stations outright should deregulation of ownership limits permit.

A shell corporation is essentially an entity in name only, usually quietly controlled by someone else seeking to keep their true identity secret.

Should WPIX-TV and WGN-TV end up in the hands of Cunningham, it would be unprecedented for a company its own president admitted in 2013 was dependent on Sinclair to help program their stations, noting Sinclair is “a smart company, and they certainly have a lot more experience.” WPIX is in the nation’s number one television market, WGN is in the third largest market. The majority of Cunningham’s 20 stations are FOX, CW, or MyNetworkTV affiliates in small and medium-sized markets. A few are so small, they don’t even have websites.

Craig Aaron, president and CEO of Free Press, suspects Sinclair could once again be thumbing its nose at the FCC’s ownership caps, and the planned divestiture may be in name only.

“It’s not clear to me who the new owner is going to be from the documents filed, but it sure looks like business as usual for Sinclair, which has long specialized in propping up shell companies to evade FCC rules,” Aaron told The Baltimore Sun. “The idea that Armstrong Williams [owner of another side entity that also owns stations that Sinclair runs] or Cunningham or whoever they are setting up as the ‘owner’ of these stations is independent from Sinclair, at least if the past is any guide, is a complete fiction. Sinclair should not be allowed to set up shady front companies to evade the congressionally mandated ownership caps. But Ajit Pai’s FCC is aiding and abetting this ruse in every way.”

The FCC’s inspector general is reportedly now investigating whether Pai improperly pushed through ownership cap rule changes to directly benefit Sinclair’s efforts to grow even larger.

Should Sinclair successfully acquire Tribune Media’s television stations, Sinclair will control 233 television stations that reach 72 percent of U.S. households. The FCC’s media ownership cap now limits an single owner’s reach to 39% of the nation’s audience.

While the FCC has shown little interest in slowing down Sinclair, the Justice Department has previously blocked some of Sinclair’s moves. When Sinclair was forced to divest WSYT-TV, the FOX affiliate in Syracuse, N.Y., it first hoped to sell the station to Howard Stirk Holdings, owned by conservative commentator Armstrong Williams.

Williams coincidentally has served as a longtime commentator for Sinclair, which forces its owned and operated stations to carry conservative messages in local newscasts. Sinclair believed so much in Armstrong, it guaranteed his company’s acquisition loans in similar deals. Sinclair may also benefit from the fact that Armstrong, a minority, gets extra consideration and relaxed rules from the FCC to promote minority station ownership. In other deals, after taking ownership, Armstrong promptly signed contracts with Sinclair to run the stations for him.

The Justice Department was not convinced by explanations of the close relationship between Armstrong and Sinclair. It objected to the sale, writing “it wouldn’t work” because “it would still be like a duopoly.” Sinclair also couldn’t persuade the Justice Department to believe Sinclair and Cunningham were completely independent companies either, eventually forcing Sinclair to abandon efforts to sell WSYT to Cunningham. Today WSYT is owned by Northwest Broadcasting, which owns a handful of stations in the rural Rocky Mountain west and has no ties to Sinclair.

Anderson admitted what was behind the maneuvering to sell WSYT in a 2013 Wall Street Journal story.

“They [The Justice Department] were not comfortable yet,” Anderson said, “and in the interest of time, Sinclair went to Plan B [selling the station to Northwest Broadcasting].”

“It’s a scandal,” Aaron told CNN in 2017. “Trump-favoring mega-chain [Sinclair] gets rules changed — and expects others to be erased — so it can put its cookie-cutter newscasts in nearly 70 percent of local markets across the country. I feel terrible for the local journalists who will be forced to set aside their news judgment to air Trump administration talking points and reactionary commentaries from headquarters. This deal would have been DOA in any other administration, but the Trump FCC isn’t just approving it; they’re practically arranging it.”