Milwaukee’s Public, Educational, and Government (PEG) channels will soon be off Time Warner Cable’s analog basic cable lineup with little recourse for city officials upset about the channel losses.

Time Warner Cable is notifying analog cable subscribers in several Wisconsin cities about an upcoming digital conversion that will cut an average of a dozen channels from the analog lineup this fall. In Wisconsin, Time Warner is targeting several well-known cable networks like The Weather Channel and CNBC for the digital switch, as well as Ion TV over the air affiliates and several independent/religious broadcast stations.

The loss of PEG channels without any discussion with local officials has some Wisconsin community leaders upset, fearing significant viewing losses. Communities across Wisconsin lost their right to compel the carriage of the public interest channels after a 2007 deregulation bill essentially written by AT&T became law.

“It has been brought to our attention that a number of channels in the local Time Warner Cable ‘basic’ package will be shifted to the digital tier next month, meaning that most Milwaukeeans without a newer model television will need to obtain a digital to analog converter box in order to continue to view the entire basic cable package. We are both frustrated and perturbed by this news,” said Milwaukee Council members Jim Bohl, Robert Bauman, and Tony Zielinski. “Let’s not minimize who it is that will be most impacted by this move on Time Warner’s part either — people with older model televisions who only subscribe to a basic cable package. In short, this cut in service will have a disproportionate effect on residents within the city of Milwaukee.”

Time Warner Cable spokesman Michael Hogan made it clear the transition is something subscribers will have to get used to, because Time Warner is gradually moving all of its cable systems to digital only service.

“We are moving towards a higher-quality, digital-only experience by making channels that had been available in both analog and digital formats available in a digital format only,” said Hogan. “Delivering channels digitally frees up capacity in our network to deliver faster Internet speeds, more HD channels and On Demand choices, and other new services in the future. We began the process several years ago of moving towards a digital-only experience. All of our direct video competitors – including direct broadcast satellite providers and phone companies – already take advantage of the efficiencies of digital delivery and deliver all of their programming solely in digital format.”

The Sordid History of “Video Competition” in Wisconsin

The race to digital service to keep up with satellite providers and AT&T U-verse is not exactly the type of competition Wisconsin residents thought they would get from the passage of a 2007 statewide video franchise law advocated by AT&T.

According to the Center for Media and Democracy, the Wisconsin law is modeled on the American Legislative Exchange Council’s “Cable and Video Competition Act,” a model bill ghostwritten by AT&T for use in statehouses around the country. AT&T provided more funding for ALEC’s activities in Wisconsin from 2008-2012 ($55,735) than any other corporation. Supporters of the legislation promised it would lead to more competition, better customer service and lower cable rates.

Bohl

Instead, it leaves Wisconsin communities with no recourse when cable operators decide to digitize or encrypt cable channels that city officials believe should be widely available to the public. Provisions in the law no longer permit local communities to have any say in a provider’s channel lineup, placement, or technology used to deliver the service.

Milwaukee Alderman Jim Bohl called the channel conversion a Time Warner bait-and-switch maneuver that will cut off residents’ access to city government. As for those promises of lower cable rates, Bohl rolled his eyes.

“I can only tell you it’s gotten worse,” Bohl told the Milwaukee Express. “This change would not have been looked at real happily by the council. I don’t think they ever would have done that if they were still accountable for their franchise agreement with the city of Milwaukee.”

Time Warner Cable subscribers without converter boxes who directly attach coaxial cable to the back of older television sets will be affected by the switch and will need to pay extra for a standard set-top box on each affected television in the home (roughly $7 a month each), or take advantage of a temporary offer from the cable company to supply a small digital to analog converter box that will be available for free for one year. After that, the smaller converter boxes will cost $0.99 a month each with no purchase option.

Without the boxes, Time Warner Cable subscribers will find themselves increasingly out of luck as the company gradually eliminates analog channels from the lineup.

Being AT&T’s Best Friend Can Be Rewarding

Montgomery

Supporters of AT&T’s video competition bill have been luckier than most Wisconsin cable subscribers.

Former Republican state Rep. Phil Montgomery, lead sponsor and claimed author of the 2007 video competition bill, was well compensated with a sudden $2,250 campaign contribution from AT&T the year the bill was introduced. Another $1,500 arrived from AT&T executives and one of their spouses in Texas and $1,500 from a senior AT&T executive in Wisconsin.

Before AT&T’s bill was written, the company barely knew Montgomery existed, donating a total of only $300 to his campaigns from 1998-2005.

After the bill became law, Montgomery spent his remaining years in the Wisconsin Assembly building a solid record avidly supporting AT&T’s public policy maneuvers, including a measure to deregulate basic phone rates and end oversight of telephone service quality by the state’s Public Service Commission.

Despite revelations Montgomery served as an ALEC board member and received contributions amounting to $10,800 from telecom companies, in 2011 Gov. Scott Walker appointed him to chair the PSC — very same agency Montgomery worked for years to disempower.

“He was very friendly to industry when he was a legislator, and was seen as carrying water for the telecommunications industry and the utilities,” said Mike McCabe, executive director of the Democracy Campaign. “Consumer advocates would naturally have concerns about somebody who seemed so supportive of industry now being in a position of overseeing those industries.”

Sen. Jeff Plale Takes Marching Orders from AT&T, His Chief of Staff’s Rap Sheet, a Freezer Full of Steaks and a Country Club for Cronies

Plale

AT&T’s biggest ally in the Wisconsin Senate was Jeff Plale, one of only a handful of Democrats — all pro-business conservatives — belonging to ALEC.

The patience of his district was tested after Plale began openly advocating for his corporate donors and claimed he could not understand why questions about his integrity were being raised by his opponents. Plale, after introducing AT&T’s companion video franchising bill in the Senate expressed he was shocked, shocked to discover he received more campaign contributions from AT&T and the cable industry than any other legislative Democrat. He added he did not know why AT&T’s Political Action Committee had suddenly maxed out on its campaign contribution two years before the next election.

Plale’s close working relationship with AT&T evolved inside of his office.

In 2003, Plale hired Katy Venskus, a charged felon, to raise funds for his election campaign. Despite pleading no contest to siphoning off more than $12,000 from an abortion rights organization and being caught up in a scandal over illegal campaign work for another Democrat, Venskus was appointed Plale’s chief of staff and would quickly become the point person for AT&T’s video competition bill in Plale’s office, working closely with AT&T to adjust the bill’s language to the company’s liking and help coordinate its movement through the Senate.

The successful passage of the bill would prove personally lucrative to Venskus when she left Plale’s office to join lobbying firm Public Affairs Co., of Minneapolis just one month after AT&T’s bill was signed into law. One year later, she took on AT&T as a lobbying client.

Venskus

In 2009, Plale and AT&T closely collaborated to write another deregulation measure to be introduced in the Wisconsin legislature, this time deregulating phone rates, making provision of landline service optional, and gutting service oversight. By then, AT&T Wisconsin considered Venskus an on-contract lobbyist.

The irony of a felon serving as the chief of staff for a Wisconsin state senator or as a registered lobbyist was not lost on the Milwaukee Express’ Lisa Kaiser.

“Despite being a felon, Venskus can affect public policy at the highest levels as a registered lobbyist,” observed Kaiser. “Yet she couldn’t be licensed to become a day care provider.”

According to e-mails and draft copies of the telephone deregulation bill obtained from the Legislative Reference Bureau and interviews conducted by The Capital Times, a number of meetings —  “too numerous to count,” according to Plale’s chief of staff, Summer Shannon-Bradley — occurred with AT&T lawyers and executives and several other key industry stakeholders to work on the bill.

One important meeting in November 2009 included this attendance list: Andrew Petersen, director of external affairs and communications with telephone company TDS; William Esbeck, executive director of the Wisconsin State Telecommunications Association (WSTA) – a telecom industry lobbying group; that group’s attorney, Judd Genda; and AT&T attorney David Chorzempa.

E-mails and other correspondence between those at the meeting and Plale’s staff show slashes or check marks next to sections of the proposal that attorneys for AT&T and the WSTA suggested should be changed.

“It’s like lawmakers looked around and said, ‘These are the companies affected. So sit down with the drafters and make a bill,’ ” Barry Orton, a UW-Madison telecommunications professor told the Times. “The public interest isn’t represented. How could it be? Nobody was there to represent them.”

Life got tougher for Ms. Venskus a few months later when she was charged with felony theft and felony identity theft on suspicion of making $11,451 in improper purchases with her Public Affairs credit card, including a freezer full of steaks, according to the criminal complaint filed in Dane County court. She repaid the charges, but her contract to work for AT&T’s interests was suspended.

That September, Plale wore out his welcome in the 7th District serving southern Milwaukee and lost to primary challenger Chris Larson, who contended Plale was far too conservative and cozy with AT&T for his district.

Gov. Scott Walker is also a close friend of ALEC, supporting a number of corporate-sponsored initiatives to deregulate the telecommunications industry. (Source: ALEC Exposed)

Plale would land on his feet when, after siding with Republicans on a lame duck session vote to stick it to the state’s unions, he joined the administration of Republican Gov. Scott Walker as the administrator of the Division of State Facilities — a $90,000 a year job.

“Instead of seeking out the best and brightest, this governor is busy creating a country club for cronies,” Marty Beil, executive director of the Wisconsin State Employees Union, told the Wisconsin State Journal. “When he says ‘open for business’ and then appoints people like Plale, he’s obviously saying that he doesn’t draw the line at the world’s oldest profession.”

Time Warner Cable has lost between 10-15 percent of their analog cable television customers over the past year, according to Time Warner Cable president and chief operating officer Rob Marcus.

Speaking at this morning’s Goldman Sachs Communacopia Conference, Marcus noted the economic downturn has continued to cost the cable operator “single play” subscribers. Marcus noted that roughly 60 percent of the cable company’s customers are now on discounted or retention plans, and the company has no plans to reduce aggressive retention offers and promotions in the immediate future. Time Warner Cable will also exercise caution when customer promotions expire, an allusion to the company’s practice of gradually resetting rates to retail prices over an extended period of time to avoid antagonizing customers into switching providers.

Marcus acknowledged broadband is now a key service for Time Warner Cable, one that the company will continue to exploit to drive earnings. Some investors have complained Time Warner has only managed an increase of 2-3 percent in Average Revenue Per User (ARPU) for broadband, a key metric for Wall Street. Marcus was asked why Time Warner, with its superior market share over telephone companies, was not “exercising the price lever a little bit more” in a marketplace lacking serious competition.

Marcus

“I think it is fair to say that as the utility of the [broadband] product increases in customers’ minds, their willingness to pay for it (assuming they are able) goes up, so I think it stands to reason that we can continue to increase rates on high speed data,” Marcus said.

But even more important to Time Warner Cable is its differentiated broadband speed tiers, which the company is refining to pick up additional revenue and price-resistant customers. Broadband usage caps will be a part of that equation.

Marcus confirmed that Time Warner Cable will provide unlimited broadband packages to its premium tier customers, but will introduce usage-limited service on its budget tiers. Currently, the company only imposes a usage cap of 5GB on its Internet Essentials package, which offers a $5 discount off regular prices. But Marcus seemed to acknowledge that the company plans to experiment further with additional limits.

“We are going to deliver very fast speeds, unlimited consumption, and now mobile capability via our Wi-Fi network to those customers who demand it and are willing to pay premium prices for those tiers of service,” Marcus said. “At the other end of the spectrum we are going to have budget products as we do today that offer lower speeds, more limited consumption like our Internet Essentials product, and those probably won’t have access to our Wi-Fi hotspots. We think that is the best way to drive revenue and profitability.”

Marcus also told investors the company was working on the next generation of the company’s electronic program guide, which he said will be cloud-based. Time Warner Cable continues to signal it is willing to work with third party set top box manufacturers to let customers dump traditional set top boxes, but only so long as Time Warner Cable gets the credit in the minds of customers. The company is also working on rolling out video-on-demand for its online video apps.

Time Warner Cable is alerting customers in upstate New York they are next in line for a gradual transition away from analog cable television service.

But unlike the near-complete switch to digital affecting many customers in Maine, the cable operator plans a less jarring shift in New York, beginning with switching 4-7 channels to digital format between Oct. 10-17.

Time Warner will also introduce New York customers to the company’s digital transport adapter (DTA). The digital adapter was designed for televisions currently direct connected to cable without a set top box. Time Warner’s DTA will convert digital signals to standard definition analog, so customers can get back the channels they lost in the digital switch without the monthly expense of a traditional set top box.

Time Warner plans to offer its New York customers free DTA equipment until the end of November, 2013 — after which the boxes will cost 99 cents a month. (Time Warner’s DTA website claims the boxes will be available without cost until the end of 2014.)

Customers using DTA equipment will not be able to use them to watch premium channels, but will get back any basic channels that were previously converted to digital-only format and those channels switched in the future.

The channels being dropped from analog service vary in each upstate city. Time Warner is notifying customers by mail about the specific channels that will be dropped in each area, but here is a rough breakdown:

Rochester: CMT, C-SPAN, EWTN, Golf Channel, Lifetime Movie Network*

Buffalo: C-SPAN, EWTN, CFTO (CTV), E!*, CNN International*, OWN*, WXPJ (Ion)*,  Discovery Fit and Health*

Syracuse: CMT, C-SPAN, EWTN, Golf Channel, Lifetime Movie Network, OWN, truTV

(*)-Not in all areas.

Time Warner Cable previously announced it was committed to discontinuing analog cable television service across its national footprint within the next four years.

In a separate announcement, all Time Warner Cable customers will see the addition of more Fox programming thanks to a recent contract renewal agreement.  Fox Business Network, and its HD companion channel, will now be a part of Time Warner’s Standard tier (although the channels will continue to be in the digital format). Fox Movie Channel, previously part of the mini-pay Movie Pass tier will be moved to the Digital Basic Tier. These changes are scheduled to occur Oct. 31.

Analog cable service is on the way out in Montreal.

Vidéotron Ltd. has stopped accepting orders for analog cable service from new customers as it prepares to make the transition to all-digital operation sometime in 2013.

The cable operator, dominant in Quebec, wants to dump analog service to make room for additional HD channels and faster broadband service, and although the company has retained a few dozen analog channels in some areas for the benefit of hotel operators and budget-minded seniors, the time has come to turn the lights out on the 60 year old technology.

Vidéotron is transitioning its customers hanging on to analog service in chunks, according to a report in the Gazette.  The vast majority of those customers are seniors, but hotel rooms also comprise a substantial percentage of the 412,000 holdouts.

Vidéotron experimented with a partial transition to digital in the Gatineau region, cutting analog service to just 30 channels. To entice customers to switch to digital, Vidéotron offered free digital set-top boxes to existing analog customers and special promotional packages that gave them digital service at the analog price. Company officials say it is unlikely customers across the Island of Montreal would get similar deals, but some price concessions on equipment are likely.

Vidéotron hopes the transition will make room for up to 100 new HD channels on a system that currently has just 71. The cable operator is facing increasing competition from Bell’s Fibe TV and satellite service, which provides a larger selection of HD channels, particularly for Anglophones in the province.

Shaw is ripping the wires out of its analog FM cable radio service, formerly delivered free of charge to all Shaw subscribers.

Shaw Communications’ plans to abandon its analog cable FM radio service, delivered free of charge to basic Shaw subscribers, has been met with resistance by customers who appreciated the improved reception the service delivered.

Some noted Shaw is eliminating the free service and replacing it with one that requires a digital cable subscription to receive. Shaw:

Shaw previously offered customers access to FM radio stations free of charge with their coax cable connection, as part of their Shaw service. Given that many of our customers no longer use these stations, we are in the process of removing this service across our systems.

Removing FM radio stations allows us to free up additional bandwidth, which means Shaw can deliver faster Internet speeds, increased High-Definition content and more Shaw Exo On Demand programming. This change is part of Shaw’s dedication to providing our customers with leading edge technology through our superior Shaw Exo network.

How can I access my radio stations?

The problem with both of Shaw’s options, according to readers who have contacted Stop the Cap!, is that they come at an added cost.

“Shaw would love it if we streamed those radio stations, which all count against our bandwidth cap, instead of listening to them for free on the cable radio,” says Irene Delasquay from Prince George, B.C. “Galaxie is just a music jukebox service that requires you to buy a digital cable subscription and rent a box to listen, and I don’t want all that extra equipment and expense.”

Some wonder why Shaw is discontinuing the service in the first place. Shirley and Meg Bonney told the Comox Valley Echo:

When we finally we able to speak to a person at Shaw we were told that they “didn’t think that many people were using the FM frequencies”. Had they ever inquired? Had they even tried to find out? Or had they just made a biased assumption – perhaps to try to force people to buy their digital black box in order to access even more of their own, commercial music channels?

We were also told that the CBC frequencies were a “gift” from Shaw.

Many readers who have been in touch with Shaw are being told their best alternative is streaming radio signals over a personal computer, but that presents a problem for some who don’t have a personal computer, have located it in an inconvenient room to listen, or who do not want to waste electricity running a computer just to listen to the radio.

While cable radio is no longer common in many parts of the United States, the vast expanse of Canada combined with an often-insufficient network of low-powered FM repeater transmitters, has made reception of commercial and certain public radio signals difficult, especially inside homes.

Roger and Isabel Thomas feel the loss hurts their ability to stay in touch with informative programming long-abandoned by commercial stations and cable networks:

The FM service provided us with daylong (and night-time) enjoyable, culturally stimulating, commercial free listening. It kept us abreast of national and world-wide events and allowed us to enjoy our selection of favourite music, eclectic though it may have been.