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Public-Private Partnership: Did Miss. AG Staff Conspire With Hollywood to Launch Attack on Google?

Phillip Dampier July 27, 2015 Comcast/Xfinity, Competition, Consumer News, Public Policy & Gov't Comments Off on Public-Private Partnership: Did Miss. AG Staff Conspire With Hollywood to Launch Attack on Google?

quid pro quoGoogle is seeking documents from three network television conglomerates that could prove the Mississippi Attorney General’s office conspired with executives of 21st Century Fox, Comcast/NBC, and Viacom to launch a coordinated lobbying campaign against the search engine giant over its business practices.

A court filing reported by Variety alleges that staffers of Mississippi Attorney General Jim Hood (D) conspired to launch an anti-Google media and lobbying blitz to pressure the company over its search practices, notably the “autocomplete feature” that some believe promotes illegal activities.

Copies of email from Meredith Aldridge, one of Hood’s staff members, addressed to Brian Cohen at the Motion Picture Assn. of America (MPAA) allegedly lays out a proposed media/public relations campaign to plant negative Google stories in newspapers and on television shows with the assistance of executives inside the media companies. The examples included:

Hood

Hood

  • A custom-written editorial for placement in the Wall Street Journal, owned by News Corp., former owner of 21st Century Fox, suggesting Google stock would lose value if it faced a sustained probe by Attorney General offices across the country;
  • An appearance arranged by a Comcast/NBCU government relations executive on the Comcast/NBC-owned Today show that would perpetuate “an attack on Google;”
  • A suggestion that a PR firm engineer a regulatory filing with the Securities and Exchange Commission on behalf of a stockholder to complain about Google.

Hood’s office appeared to be ready for a lengthy, all-out assault on Google, at least based on an outline ready for the summer meeting of the National Association of Attorneys General in Boston in 2013. The document suggests Hood was prepared to discuss how Google may have perpetuated the illegal online purchases of counterfeit goods, weapons, and prescription painkillers through its search engine.

Google argues the pattern of behavior from Hood’s office suggests the three media companies are withholding documents connecting “contributions to AG Hood’s cause and the quid quo pro they expected to receive.”

Hood’s case did not go over well in the courtroom of U.S. District Judge Henry Wingate, who ruled there was a “substantial likelihood” Google will prevail on its claim that Hood violated its First Amendment rights.

VP Biden Announces Broadband-Challenged Rochester, N.Y. Home to National Photonics Institute

Vice president Biden

Vice President Biden in Rochester, N.Y.

Vice President Joe Biden and New York Gov. Andrew Cuomo today announced Rochester, N.Y., a city notorious for its slow broadband, will be the home of the $600 million Integrated Photonics Institute for Manufacturing Innovation, a hub supporting the development of photonics — technology that powers everything from fiber optic broadband to laser surgery.

Rochester, the home of dramatically downsized household names like Eastman Kodak, Xerox, and Bausch and Lomb, could see thousands of new high technology jobs created in the western New York city to develop new products and services that depend on light waves.

“The innovation and jobs this institute will create will be a game changer for Rochester and the entire state,” said U.S. Rep. Louise Slaughter, (D-Rochester). “This is a huge win that will shape our region’s economy for decades to come.”

Slaughter reportedly spent three years working to bring the center to Rochester and helped secure $110 million from the Defense Department and another $500 million in state and private sector funding to finance its development. The project could prove transformational for a community ravaged by downsizing, most dramatically exemplified by Eastman Kodak, which had 62,000 workers in Rochester during the 1980s but employs fewer than 2,500 today.

Today, Rochester’s largest employers are no longer manufacturers. Health care service providers now lead the way, including the University of Rochester Medical Center/Strong Health (#1) and the Rochester General Health System (#3). Upscale grocery chain Wegmans calls Rochester home and is the community’s second largest employer. The bureaucracies that power the Rochester City School District and Monroe County Government are also among the area’s top-10 employers.

rochesterDespite the job shifts, the fact 24,000 workers in the region are already employed in photonics-related jobs may have been a deciding factor in selecting Rochester for the center.

“The photonics center we are now bringing to Rochester will harness the power of the Defense Department and the prowess of Rochester’s 24,000 employee-strong photonics industry and focus it like a laser beam to launch new industries, technologies and jobs,” Sen. Charles Schumer (D-N.Y.) said in a statement.

Employers, small business start-ups and workers moving into the region are likely to be considerably less impressed by Rochester’s incumbent telecommunications service providers. Although institutional and large commercial fiber networks are available to those with deep pockets, with the exception of Greenlight Networks, a local fiber to the home retail overbuilder providing fast gigabit fiber Internet to a tiny percentage of local residents, the area’s fiber future remains bleak.

Time Warner Cable, by far the largest Internet provider in the region, has left Rochester off its Maxx upgrade list, leaving the city with a maximum of 50/5Mbps Internet speed. Frontier Communications still relies on 1990s era DSL service and the anemic speeds it delivers, evident from the company’s poor average speed ranking — 11.47Mbps — less than half the minimum 25Mbps the FCC considers broadband.

Rochester is hardly a broadband speed leader in New York State, only managing to score in 332nd place. (Image: Ookla)

Rochester is hardly a broadband speed leader in New York State, only managing to score in 332nd place. (Image: Ookla)

The performance of the two providers has dragged Rochester’s broadband speed ranking to an embarrassingly low #336 compared with other communities in New York. Suburban towns in downstate New York enjoy more than twice the speed upstate residents get, largely thanks to major upgrades from Verizon (FiOS) and Time Warner Cable (Maxx). But even compared with other upstate communities, Rochester still scores poorly, beaten by small communities like Watertown, Massena, and Waterloo. Suburban Buffalo, Syracuse, and Albany also outperform Rochester.

In contrast, in Raleigh, N.C., home to the Power America Institute — another federal manufacturing center — broadband life is better:

  • Raleigh is a Google Fiber city and will receive 1,000/1,000Mbps service for $70 a month, around $20 more than what Time Warner charges for 50/5Mbps with a promotion;
  • Raleigh is a Time Warner Cable Maxx city with free broadband speed upgrades ranging from 15Mbps before/50Mbps after to 50Mbps before/300Mbps after;
  • Raleigh is an AT&T U-verse with GigaPower city with 1,000/1,000Mbps service for $120 70 a month.

This article was updated to correct the pricing of AT&T U-verse with GigaPower in Raleigh, N.C., with thanks to reader Darrin Evans for the corrected information.

“On a Razor’s Edge:” Charter’s Deal With Time Warner Financed With Junk Bond Debt

Charter will be among America's top junk bond issuers. (Image: Bloomberg News)

Charter will be among America’s top junk bond issuers. (Image: Bloomberg News)

The attempted $55 billion acquisition of Time Warner Cable will saddle buyer Charter Communications with so much debt, it will make the cable operator one of the nation’s largest junk bond borrowers.

Bloomberg News reports investors are concerned about the size and scope of the financing packages Charter is working on to acquire the much-larger Time Warner Cable. Total debt financing this year has already reached $18.2 billion and one of Charter’s holding companies is signaling plans to add another $10.5 billion in unsecured debt. Bloomberg reports the total value of Charter’s combined debt from existing operations and its acquisition of Time Warner Cable and Bright House Networks may reach as high as $66 billion.

Ironically, Time Warner Cable CEO Robert Marcus used Charter’s penchant for heavily debt-financed acquisitions as one of the reasons he opposed Charter’s first attempted takeover of Time Warner in January 2014.

The New York Times suggested Marcus seemed to be looking out for shareholders when he called the offer “grossly inadequate” and demanded more cash and special protections, known as “collars,” to protect stockholders against any swings in the value of Charter stock used to cover part of the deal.

charter twc bhThe Marcus-led opposition campaign against Charter gave Comcast just the time it needed to mount a competing bid — all in Comcast stock, then worth around $159 a share. Comcast also offered Marcus an $80 million golden parachute if the deal succeeded.

Marcus’ concerns for shareholders suddenly seemed less robust. Gone was any demand for cash to go with an all-stock deal — Comcast stock was good enough for him. Most blockbuster mergers of this size and complexity also contain provisions for a breakup fee payable by the buyer if a deal falls apart. Marcus never asked for one, a decision the newspaper called “foolish,” considering regulators eventually killed the deal, leaving Time Warner Cable with nothing except bills from their lobbyists and lawyers.

After the Comcast deal failed to impress regulators, Charter returned to bid for Time Warner Cable once again. This time, Charter offered nearly $196 a share — nine times earnings before interest, taxes, depreciation, and amortization. (They offered about seven times earnings in 2014.) Marcus will now get the $100 a share in cash he wanted from Charter the first time, but shareholders are realizing that cash will be a lower proportion of the overall higher amount of the second offer.

Marcus has also said little about the enormous amount of borrowing Charter will undertake to seal its deal with Time Warner Cable. Nor has he said much about a revisited and newly revised golden parachute package offered to him by Charter, expected to be worth north of $100 million.

Marcus

Marcus

But others did notice Charter raised $15.5 billion selling bonds on July 9, many winning the lowest possible investment grade rating from independent ratings services. Standard & Poor’s and Fitch Ratings bottom-rated part of Charter’s debt offering and Moody’s classified that portion as Ba1 — junk grade.

Charter traveled down a similar road six years ago, overwhelmed with more than $21 billion in debt to cover its aggressive acquisitions. Charter declared bankruptcy in 2009. The cable company has survived this time, so far, because of the Federal Reserve’s low-interest rates and very low corporate borrowing costs.

“Charter is walking on a razor’s edge,” warned Chris Ucko, a New York-based analyst at CreditSights.

Not so fast, responds Charter.

“The combined company will” reduce debt quickly, Francois Claude, a spokesman for Stamford, Conn.-based Charter said in a statement to Bloomberg News.

One likely source of funds to help pay down that debt will come from customers as the company seeks to drive higher-cost products and services into subscriber homes. Some of that revenue may come from selling higher speed broadband, a service customers are unlikely to cancel and may find difficult to get from telephone companies that have not kept up with the speed race. If cord cutting continues, and online video competition increases, that could result in customers dropping cable television packages at a growing rate, negatively impacting Charter’s revenue.

Time Warner Cable’s bondholders are already counting their losses. Their “investment grade” securities have already lost 9.3 percent of their value this year, compared with 0.58% losses in the broader high-grade debt market, according to Bank of America/Merrill Lynch. If increased competition does arrive or the FCC continues its pro-consumer advocacy policies, there is a big risk Charter’s revenue expectations may never materialize.

Comcast Loses 69,000 Subscribers; Internet Customer Additions Down 12%, But Revenue Higher

Phillip Dampier July 23, 2015 Comcast/Xfinity, Consumer News Comments Off on Comcast Loses 69,000 Subscribers; Internet Customer Additions Down 12%, But Revenue Higher

Comcast-LogoNEW YORK (Reuters) – Comcast Corp, the largest U.S. cable operator, posted in-line second-quarter results, as its high-speed Internet and NBC Universal businesses grew amid a drop in pay-TV subscriber departures.

Comcast, also the No.1 U.S. high-speed Internet provider, said on Thursday total revenue rose 11.3 percent to $18.74 billion in the second quarter ended June 30. Analysts on average had forecast revenue of $18.14 billion, according to Thomson Reuters I/B/E/S.

Net income attributable to Comcast rose 7.3 percent to $2.14 billion, or 84 cents per share, from a year earlier.

Profit was up 10 percent from a year ago to 84 cents per share after excluding items such as investments and acquisition-related items, matching Wall Street estimates.

The company, which lost 8,000 video customers last quarter, reigned in subscriber losses in the second quarter compared to a year ago. It said 69,000 subscribers departed from April through June, but it was less than the 144,000 users who left a year earlier.

cablecordWall Street keeps a close watch on the number of new video subscribers as pay TV operators fight to keep customers amidst intense competition from streaming video services such as Dish Corp’s Sling TV.

Earlier this month, Comcast said it is beta testing a new cable streaming service called Stream, which will broadcast live TV from HBO and about a dozen other networks for $15 per month. The new service lets Comcast’s Xfinity Internet customers stream live TV over phones, tablets and laptops.

Comcast’s high-speed Internet customer additions dropped 12 percent to 180,000, but revenue from the business rose about 10 percent to $3.1 billion.

Business services revenue increased 20.4 percent to $1.16 billion.

At NBC Universal, revenue rose 20.2 percent to $7.23 billion from a year earlier.

Revenue at the film studio rose 93 percent from a year earlier to $2.3 billion, bolstered by its summer blockbusters “Furious 7” and “Jurassic World.”

The Universal theme park business, with its popular “Harry Potter” attraction in Florida, saw revenue rise 26 percent to $773 million.

Advertising revenue at cable networks fell 3 percent in the quarter to $917 million amid a decline in ratings that has hit networks across the TV industry. The NBC broadcast network’s ad revenue rose a modest 0.3 percent to $1.25 billion.

Shares of Comcast, which abandoned its proposed $45 billion merger with Time Warner Cable Inc in late April, closed at $64.50 on Wednesday on the Nasdaq.

(By Malathi Nayak; Editing by Bernard Orr)

N.Y. Public Service Commission to Charter/Time Warner Cable: Hope You Are Not in a Hurry

Phillip Dampier July 23, 2015 Charter Spectrum, Competition, Consumer News, Public Policy & Gov't Comments Off on N.Y. Public Service Commission to Charter/Time Warner Cable: Hope You Are Not in a Hurry

dpsThe New York State Public Service Commission today notified Charter Communications its merger application with Time Warner Cable will require a “more detailed review of the petition,” which means a final decision is unlikely before the end of this year or more likely 2016:

We have received the petition of Time Warner Cable Inc. and Charter Communications, Inc. dated July 2, 2015 seeking authority, pursuant to Public Service Law Sections 100, 101, and 222, to transfer a controlling interest in certain Time Warner Cable telephone systems, cable systems, franchises and assets to Charter and to issue debt. On July 10, 2015, a Supplement was received seeking further approval under PSL § 99(2) for a transfer of Time Warner Cable’s telephone franchises.

According to Sections 99 and 100 of the Public Service Law, such an application is deemed approved after ninety (90) days of filing unless the Commission or its designee notifies the petitioner in writing, within the time period, that the public interest requires the Commission’s review and its written order.

[…] A preliminary review indicates that the public interest requires a more detailed review of the petition. Therefore, pursuant to Public Service Law Sections 99,100, and 101 we are informing you that the Commission will review your petition and will issue a written response in this proceeding.

charter twc bhThe PSC has set a deadline for comments on the merger of Sept. 16 with reply comments due two weeks after that. But on-the-record regional forums will also be held across the state to gather more comments from consumers and stakeholders. Locations of the forums have not yet been announced.

As with Comcast’s merger proposal, a significant review period is expected as the merger of Charter Communications and Time Warner Cable will have profound implications on the entire state. Outside of Long Island and a few boroughs in New York City, Time Warner Cable is by far the most dominant provider serving every major population center in New York.

Two letters have already been added to the record about the merger.

The Rochester Business Alliance filed this letter in “strong support” of the proposed deal, quoting almost entirely from press releases and merger advocacy documents issued by Charter Communications. Time Warner Cable is a “partner member” of the group, better known as the Regional Chamber of Commerce.

RBAlogo“The Rochester Business Alliance advocates for an environment that will promote the success of its members and the local economy,” the group writes on its website. “We help our member companies and their employees stay connected to the issues as well as to the people who can make a difference.”

Michael Kaplan is the first consumer to weigh in on the merger, and he is opposed.

“Just like the Comcast we now have to write to you to ask that you reject this merger,” Kaplan writes. “The only people who benefit from this are the three or four people who will get very rich from it. The rest of the people you are supposed to be protecting? We get much higher cable/Internet rates because they are taking on so much debt that it’s obvious they will have to raise rates significantly. How does this help New York State?”

Kaplan also doesn’t believe Charter’s promise not to usage cap its broadband customers because the commitment expires after three years:

They also promised not to cap or throttle broadband users for three years. Is that a joke?

Time Warner has (due to public backlash) never capped or throttled their Internet. They have not placed data caps on their service which everyone knows is a cash grab.

If you are politically forced into doing this than at the very least Charter MUST keep the current arrangement Time Warner Cable has forever. FOREVER. No data caps, no overage fees, no throttling. Never.

Robert Marcus stands to make over 90 million dollars from the sale of Time Warner. Since his inception as CEO his mission has been to sell the company so he can cash out. He should improve service, equipment, work for us.

We the people are getting sick and tired of it and we are especially of a CEO who is only thinking of his end. What he will personally make. He doesn’t care on how every single person in NY State will get screwed.

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