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Time Warner Cable’s Usage Meter Continues to Spread; Arrives in NYC

Phillip Dampier November 15, 2012 Consumer News, Data Caps, Editorial & Site News 2 Comments

Time Warner Cable has a usage meter up for some customers.

New York City area residents browsing through the My Services section of the Time Warner Cable website had an unwelcome introduction to the company’s new Usage Meter, located under the My Internet tab.

Time Warner has been gradually rolling out the “activity tracker” to all of its service areas, ostensibly for its Internet discount plan Internet Essentials, which offers a $5 discount to customers who keep their monthly usage under 5GB per month.

Although the company insists customers will not lose access to unlimited service (but does not indicate what customers could eventually end up paying for it), the usage meter is not well-received, particularly by customers who found it completely inaccurate.

One customer reported their Time Warner meter showed 161MB of usage… in July, with no usage since.

A Fairview, N.J. Broadband Reports reader was even more concerned to discover the cable company counted 4GB of usage between Oct. 28 and Oct. 31. That was a remarkable feat, according to the customer, because his service was knocked out during that time by Hurricane Sandy. Perhaps the hurricane wanted to stream some old episodes of Jersey Shore to contemplate its “before and after” strategy.

Time Warner’s meter, like that of every other cable or phone company provider, is not subject to independent review or audit by a neutral third party or government oversight. Some companies claim to have third-party verification through outside companies, but critics contend those outside entities have a direct financial interest reporting results that are positive to the company that paid for the review.

Charter Cable Sniffing Around Optimum West; Could Acquire Western Systems from Cablevision

Cable customers in Montana, Colorado, Utah, and Wyoming can be forgiven if they cannot remember the name of the cable company that provides them with service. Originally Bresnan Communications, then Cablevision’s Optimum West, customers are now learning Charter Communications could soon be their new service provider.

James Dolan, CEO of Cablevision Industries, last week acknowledged he had received “unsolicited interest” in the cable properties in the western United States, and told investors he may sell the systems for an undisclosed amount.

Cablevision acquired the systems formerly owned by Bill Bresnan two years ago, investing tens of millions in upgrades to bring them closer to modern standards. Cablevision has received praise from many subscribers for improved service and more competitive rates. But a sale could change that. Charter Cable is perennially rated among the worst cable companies in the United States by Consumer Reports.

Should Charter acquire the systems, it will also inherit a major tax fight initiated by Cablevision, protesting its Montana property tax bills for 2010 and 2011.

Cablevision is upset tax authorities defined the Optimum West operation as a single telecommunications company, not a cable company. That decision effectively doubles its tax rate from 3 to 6 percent — the same rate CenturyLink pays in the state.

If an appeals process finds the state erred in its decision, 29 counties will have to refund millions that Cablevision paid under protest.

Tax officials warn if Cablevision’s tax rate is cut in half and other companies reap similar rewards, homeowners and small businesses will cover the difference. Revenue director Dan Bucks warned that could mean annual tax bills $110 higher on a home assessed at $200,000.

Three Wireless Competitors in Alaska is ‘Too Many’; Who Will Buyout ACS?

With Verizon Wireless poised to launch 4G LTE service in Alaska for the first time, Alaska Communications (ACS) and AT&T are hurrying wireless broadband expansions to protect their market turf. But Wall Street investors are unhappy, especially with ACS’ investments in its landline network and the recently announced suspension of its dividend payout. Some are now asking whether ACS’ lucrative wireless business should be up for sale, primed for a buyout by AT&T or Verizon Wireless.

Alaska Communications has soft launched its LTE 4G service in 10 cities: Anchorage, Fairbanks, Homer, Juneau, Kenai, Palmer, Seward, Soldotna, Wasilla and Whittier.

AT&T operates a mix of LTE and slower HSPA+ networks in Alaska and is expanding 4G service to Prudhoe Bay and Deadhorse for the benefit of short-term oil company employees working on the North Slope. But the company is also still expanding its existing 3G network along more remote Alaskan highways.

They are coming.

The investment frenzy is seen by many as a defensive maneuver to keep existing customers happy before Verizon Wireless arrives in Alaska sometime next year.

ACS and GCI, Alaska’s homegrown phone and cable companies now jointly operate their wireless operation together. AT&T is their principle competitor. But Verizon Wireless’ impending arrival in Alaska has shown it is no shrinking violet. There are persistent rumors Verizon is trying to acquire ACS’ wireless operations. Verizon has also announced partnerships with Copper Valley Telecom and Matanuska Telephone Association to potentially expand LTE service in those communities as well.

Investors hope ACS considers any Verizon offer carefully. Wireless is a revenue center for the landline phone company, which continues to see declines in home phone and business customers.

Since June, ACS lost just shy of 2,000 residential landlines and 753 business lines. The company still has 57,000 residential customers and 81,000 business customers.

ACS faces the same problems other phone companies do: network upgrades require significant investments, and investors question whether it will ultimately pay off. Many are also unhappy ACS suspended its dividend payout, refocusing $8 million on debt payments.

Cablevision Subject of $250 Million Lawsuit Over Lack of Automatic Sandy Refunds

Phillip Dampier November 15, 2012 Cablevision (see Altice USA), Consumer News Comments Off on Cablevision Subject of $250 Million Lawsuit Over Lack of Automatic Sandy Refunds

Two Cablevision customers in Nassau and Suffolk counties are the lead complainants in a $250 million class action lawsuit filed Tuesday in New York State Supreme Court alleging the cable operator is illegitimately charging customers for service knocked out by Hurricane Sandy.

The suit claims that unlike other cable and phone companies in New York and New Jersey extending automatic service outage credits to impacted customers, Cablevision is only giving credits to customers who self-report outages within 30 days.

Cablevision was the hardest hit cable operator in the region, with its coastal service areas on Long Island, Connecticut, and New Jersey receiving the brunt of storm surges and wind-related damage. At least half of the company’s three million customers were without service after the storm hit Oct. 29. Nearly 80,000 customers are still without power and utilities are signaling some may wait until after Christmas before lights are back on. Some of the most devastated areas are not scheduled for restoration at all because those properties will have to be abandoned or rebuilt.

The plaintiffs claim Cablevision, “only agreed to rebate some of its most favored customers on a discretionary basis and in varying amounts, and only after the customers’ contacted Cablevision for the rebate.” The suit also alleges customers threatening to cancel service are getting the most generous rebates.

The suit suggests Cablevision should have known not to bill or accept money from customers that remain without service. Many Cablevision customers are on the company’s electronic billing and autopay programs, which will continue to deduct money from bank accounts for services customers cannot actually receive.

“The lawsuit misstates the facts and is without merit,” Cablevision said in a statement. “But lawsuits aside, we have an extremely broad and customer friendly credit policy following Sandy. Blanket or arbitrary credits for cable outages could shortchange customers because each case is different and our policy covers the entire period of time when Cablevision service was out, including when the service interruption was caused by the loss of electrical power.”

Cablevision says the amount of damage to its facilities is so extensive, it could impact the next quarter’s financial results. Company officials also admit some of their customers will not be coming back because their homes and businesses no longer exist.

Rogers’ Sticks It to Independent ISPs – Increased Speeds Not Easily Available to Competition

Share and share alike is a concept unfamiliar to Rogers Communications, at least in the eyes of the independent Internet Service Providers who have wholesale bandwidth agreements with eastern Canada’s largest cable operator that are supposed to guarantee speed parity.

The Canadian Network Operators Consortium (CNOC) last week announced it filed a complaint with the Canadian Radio-television and Telecommunications Commission (CRTC) accusing Rogers of withholding speed increases from independent ISPs.

In 2006, the CRTC made it clear that cable companies must treat its wholesale customers fairly:

The Commission determines that should a cable carrier introduce a speed upgrade to one of its retail internet service offerings with no corresponding price change, it is to issue at the same time, revised [third-party ISP access] tariff pages that match these retail service speed changes with no corresponding price change.

According to CNOC, Rogers wants independent ISPs to pay higher prices for the faster speeds it is providing its own customers for no additional charge.

That leaves providers like TekSavvy at a competitive disadvantage, according to the provider.

Peter Nowak explains Rogers is attempting to hurry independent ISPs to move to “aggregated points of interconnection,” part of the foundation of the CRTC’s earlier decision on usage-based billing. Independent ISPs were given two years to complete the transition and Rogers wants that change to move at faster pace:

Rogers wants indie ISPs to move onto the aggregated method, something it says the CRTC essentially ordered at the conclusion of the big usage-based billing fiasco a year ago. Here’s what a spokesperson told me:

We are not denying TPIAs access to our new speeds provided they have moved to a single point of connection, called an aggregated point of interconnection (POI). As part of the usage based billing rulings in November of last year, TPIAs were given two years to move from a disaggregated POI to an aggregated POI. The sooner this happens, the sooner we can provide those speeds to these third party ISPs.  Rogers will continue to provide access at existing speeds on the old network architecture until November 15, 2013.

The dispute, as usual, boils down to whether or not Rogers’ move can be considered anti-competitive. The small ISPs argue that it is, since Rogers’ own retail customers are getting the benefit of higher speeds without higher prices, yet the indie companies – and their own subscribers by extension – are being expected to pay more.

If it’s uneconomical for the indies to sell the faster speeds, they won’t, in which case the big network owners like Rogers will hold a distinct advantage since internet access is sold largely on speeds. Since they’ll simply perish if they can’t keep pace, the indie ISPs will ultimately have no choice but to accept the higher prices being pushed on them – and that effectively neutralizes the entire point of their existence, which is to provide a competitive check to the big guys.

CNOC has asked the CRTC to make an expedited ruling on the controversy as soon as possible to mitigate competitive damage.

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