A Rochester, N.Y.-based broadband company founded by an ex-president of Time Warner Cable and a former top executive at Rochester Telephone is bringing broadband competition to thousands of residents in Connecticut and Pennsylvania through its fiber-to-the-home network.

GoNetspeed has been aggressively expanding its service in Comcast, Verizon, and Frontier Communications service areas in suburban Pittsburgh and several cities in Connecticut. According to chief operating officer Tom Perrone, GoNetspeed has managed to buildout 100 network miles of fiber across 13 towns in two different states in just the first six months of 2018, providing a new choice for broadband service to over 30,000 homes and businesses.

Most recently, the company completed expansion in the New Haven, Conn. neighborhoods of Beaver Hills, Edgewood, and West River, adding an additional 3,000-5,000 homes to its network service area.

GoNetspeed prioritizes expansion in areas where there is little competition and where neighborhood density makes it financially feasible to bring fiber optic cables into an area. The company markets its service with simplified, lifetime pricing:

• $50 for 100/100 Mbps
• $70 for 500/500 Mbps
• $90 for 1,000/1,000 Mbps

In areas when service is first offered, the $100 installation fee is traditionally waived. There are no data caps. Static IPs and inside wiring are available at an additional cost.

GoNetspeed has received positive reviews from customers in parts of Bridgeport and West Hartford, where service is already available in Connecticut. In suburban Pittsburgh, GoNetspeed is available in parts of Ambridge, Beaver Falls, Baden, Conway, Beaver, Monaca, and Rochester. Over the summer, it announced it would soon also service New Brighton and Aliquippa. In general, the company wires neighborhoods where at least 10% of residents are committed to signing up for service. In Pennsylvania, it faces competition primarily from Comcast and Verizon. In Connecticut, competition will come from incumbents Comcast, Altice USA, and Frontier.

GoNetspeed’s headquarters are in suburban Rochester, N.Y. Ironically, it does not offer residential service in New York.

A GoNetspeed truck

The company originally behind GoNetspeed was Fibertech Networks (since sold to Crown Castle, a cell tower owner/operator). The founding partners were John K. Purcell, a former vice president at Rochester Telephone Corporation (now Frontier Communications) and Frank Chiano, the former head of Time Warner Cable in Rochester.

Fibertech was founded in 2000 as a fiber optic network operator. Purcell passed away in 2017, but Fibertech continued, eventually amassing a valuable 14,000 mile metro fiber network serving cities around the northeast. Fibertech served commercial customers like corporations, institutions, and wireless network operators seeking fiber connections to buildings or cell tower sites.

In the last several years, fiber network operators have started to enter the retail broadband marketplace as fiber overbuilders — providing fiber to the home service to areas where demand warrants investment. Most overbuilders target areas where no existing fiber competitor exists, which makes the northeast a viable target.

Verizon dropped its FiOS fiber to the home network expansion project eight years ago and incumbent telephone companies including Verizon, Frontier, Consolidated (formerly FairPoint), Windstream, and CenturyLink have shown little interest in investing in significant fiber upgrades in medium-sized cities in New England, the Northeast, and Mid-Atlantic region. That has given Comcast and Charter Communications — the two largest cable operators, a substantial and growing market share. But customers often loathe both cable operators, and there is built-in demand for new competition.

New Haven. Conn.

Local officials are also happy to see another competitive option. New Haven officials, like many others in Connecticut, have embarked on an effort during the last few years to attract new players to the state, especially after Frontier Communications acquired the assets of AT&T Connecticut. Many communities in Connecticut report a significant digital divide, particularly over the cost of internet access. New Haven, which has a significant low-income population, is happy to see GoNetspeed be part of the solution, but has wondered if GoNetspeed will expand service into lower-income areas of the city.

Connecticut Consumer Counsel Elin Swanson Katz, whose office manages broadband expansion in Connecticut, told the New Haven Register GoNetspeed’s expansion in New Haven “is just another strong indicator that Connecticut consumers are interested in having different options for broadband Internet service.”

“The more competition there is for consumers, for them to have choices, the better off we are,” Katz said. “It’s really important for our state to have ubiquitous access to affordable high-speed broadband that is reliable and that touches every corner of out state.”

Charter Communications will have to face a courtroom to answer accusations the cable company intentionally sold internet service at speeds it knew it could not provide to its customers in New York.

New York State Supreme Court Justice O. Peter Sherwood rejected a motion by the cable company to dismiss New York Attorney General Eric Schneiderman’s 2017 lawsuit accusing Time Warner Cable (now owned by Charter) of systematically shortchanging as many as 640,000 New York internet customers by falsely advertising internet speeds it knew it could not deliver, often with at least 900,000 outdated company-provided cable modems incapable of supporting the higher speeds the company promoted.

“Today’s decision by the New York Supreme Court marks a major victory for New York consumers — rejecting every single argument made by Charter-Spectrum in its attempts to block our lawsuit,” said Schneiderman. “This decision ensures that our office can continue to hold Charter-Spectrum to account for its failure to deliver the reliable internet speeds it promised consumers, ripping you off by promising internet speeds it simply could not deliver.”

Charter’s Defense: Spectrum’s Ad Claims for Fast Internet Service are: “Prototypical instances of non-actionable puffery.”

Charter’s lawyers attempted a variety of legal strategies to get Schneiderman’s lawsuit tossed, including undermining the cable company’s own marketing efforts. Lawyers argued the court should ignore Charter’s claims it sold a “blazing fast, super-reliable connection” that could “stream Netflix and Hulu movies and shows effortlessly” as nothing more than “prototypical instances of non-actionable puffery.”

Scheniderman’s office claimed it was much more than that.

N.Y. Attorney General Eric Schneiderman

“Spectrum-TWC failed to maintain enough network capacity in the form of interconnection ports to deliver this promised content to its subscribers without slowdowns, interruptions, and data loss,” stated Schneiderman. “It effectively ‘throttled’ access to Netflix and other content providers by allowing the ports through which its network interconnects with data coming from those providers to degrade, causing slowdowns. Spectrum-TWC then extracted payments from those content providers as a condition for upgrading the ports As a result, Spectrum-TWC’s subscribers could not reliably access the content they were promised, and instead were subjected to the buffering, slowdowns and other interruptions in service that they had been assured they would not encounter.”

Charter also claimed it was not legally responsible for meeting its own advertised speeds because the company only sold speeds “up to” a level, without guaranteeing customers would get the speeds it advertised.

Even if a judge found Charter lacking in its legal defense, lawyers for the company more broadly argued that under FCC Chairman Ajit Pai’s net neutrality order, state courts and regulators had no power to regulate or oversee broadband providers because “regulation of broadband internet access service should be governed principally by a uniform set of federal regulations, rather than by a patchwork of separate state and local requirements,” according to Charter’s attorney Christopher Clark.

Justice Sherwood uniformly rejected all of Charter’s arguments to dismiss the case:

• Improper state venue for the lawsuit: “Spectrum-TWC fails to identify any provision [of law] that preempts state anti-fraud or consumer-protection claims, or reflects any intention by Congress to make federal law the exclusive source of law protecting consumers from broadband providers’ deceptive conduct.”
• False advertising: “This court finds that, contrary to defendants’ contentions, the FCC’s goal of promoting competition through [the Internet Transparency Rule], the FCC stated that the rule was intended to ensure consumers had the “right to accurate information, so [they] can choose, monitor, and receive the broadband internet services they have been promised. New York’s Executive Law and Consumer Protection Act […] require that [providers] refrain from fraud, deception, and false advertising when communicating with New York consumers.
• Netflix/YouTube slowdowns: The issue of interconnection agreements between content providers and Spectrum-TWC are matters for the court to consider because it is not an attempt to regulate those agreements. “Rather, the complaint simply alleges that Spectrum-TWC misled subscribers by claiming that specific online content would be swiftly accessible through its network, while it was simultaneously deliberately allowing that service to degrade […] and failing to upgrade its network’s capacity to meet demand for this content.”
• “Up to” speeds: Spectrum-TWC claimed that advertising speeds “up to” a certain level was not misleading because consumers understood this to mean the maximum speed, not average speed. In Spectrum’s argument, it claimed “reasonable consumers understand this is not a promise of ‘minimum’ performance, but rather ‘maximum’ performance.” But the judge disagreed. “Defendant’s theory is contrary to New York law regarding ‘up to’ claims” when those speeds are “functionally unattainable as a result of the defendants’ knowing conduct.”

Schneiderman’s office is seeking civil fines and restitution from Spectrum-TWC for customers in New York.

The United Arab Emirates now has the highest penetration of fiber optic broadband in the world, according to data from the FTTH Council Europe.

At least 93.7% of UAE homes are now hooked up to fiber-to-the-home internet service, and the country’s largest provider — Etisalat — promises it will spend millions more to further expand fiber connected home broadband and mobile services across the country.

In contrast, the United States has only wired 13.1% of its homes to fiber broadband, 11.8% in Canada. The countries with the highest percentage of fiber connections are the UAE, Qatar, Singapore, South Korea, Hong Kong, and Japan.

According to the World Bank, broadband internet is today seen as critical to the transition to knowledge-intensive economies across the world. Countries in the Middle East and North Africa are accelerating their fiber broadband programs, believing the technology will prove transformational to remake or build their economies in a digital world. As many first world countries’ telecommunications networks are captive to large, for-profit corporate interests that have dragged out broadband expansion to protect profits, the developing world has a chance to leapfrog over countries in North America and Europe and launch new connected technology centers for the digital economy.

For the UAE, fiber optic broadband is a critical part of the country’s Vision 2021 strategy to invest vast sums in infrastructure and development programs to diversify the country’s economy away from its dependence on oil and gas reserves and guarantee future prosperity.

Cruz

Although running a distant second behind Donald Trump in the Republican presidential primary, Texas Sen. Ted Cruz is still managing to have an influence in the U.S. Senate, where his office is filing a plethora of amendments to various telecommunications bills. Among his top priorities: throwing up roadblocks to keep municipalities from offering broadband to their communities.

Cruz and Sen. Deb Fischer, a fellow Republican from Nebraska, are jointly proposing to attach an amendment to the FCC Process Reform Act that would prohibit the FCC from preempting state laws that limit or prohibit municipal broadband networks. The amendment would “prohibit the FCC from preventing states from implementing  laws relating to provision of broadband Internet access service by state and local governments.”

Several Republicans in Congress have been highly critical of public broadband, despite the fact many local governments in their districts are clamoring for better broadband solutions for their residents.

Cruz and other municipal broadband opponents are responding to FCC Chairman Thomas Wheeler’s decision to effectively overturn those restrictions in Tennessee and North Carolina. Wheeler is considering expanding preemptions in other states where lawmakers passed bills restricting or prohibiting municipal broadband expansion.

The FCC is currently defending its actions in court.

If residents in rural Kentucky want Time Warner Cable to offer broadband service, they better be prepared to pay for it.

As Time Warner customers consider the company’s latest rate increases, which now include a $10 modem rental fee and an increasingly common $4.99 “Wi-Fi Fee” if you don’t use your own wireless router, there are other customers signing contracts for residential Internet service from Time Warner at prices as high as $410 a month.

Jack Prindle lives in the Big Bone community near Union, Ky., — close enough to Cincinnati to be a suburb, but rural enough to be bypassed for broadband. Two dozen of his neighbors live along a nine-tenths of a mile stretch of Big Bone Church Road, which isn’t exactly a priority for Time Warner Cable. The families have spent a decade trying to entice anyone to offer broadband Internet access. Insight Communications (Time Warner’s predecessor) and Cincinnati Bell have never shown much interest. Time Warner Cable, however, has been engaged in a type of cat and mouse game, offering service at ever-escalating prices only to change its mind at the last minute.

“Within the last year, I have signed contracts with Time Warner for Internet service starting at $300 a month, with a three-year contract, only to have them come back and raise it to $350 for five years, and then $410 a month with a commitment of five years,” Prindle wrote in the Community Recorder. “Then only to be told a month later they were not going to provide Internet. Others of the 24 have similar bizarre stories concerning Time Warner and Cincinnati Bell.”

“Prindle’s story is an example of what is wrong with rural broadband in the United States,” writes Cynthia Rawley, who shared the story with Stop the Cap! “Unchecked cable and phone companies get federal dollars and the benefit of a fake broadband map that has no relationship to reality, leaving many to believe there is no rural broadband problem to solve. But there is.”

Union, Ky.

Rawley points out the FCC’s official National Broadband Map shows the two dozen homes around Prindle are all provided 5-50Mbps broadband service by both Time Warner Cable and Cincinnati Bell, despite the fact neither offers any broadband service to anyone in the vicinity.

“Boone County Judge-executive Gary Moore wrote to inform the FCC of this error and failed to get a response,” Prindle noted. What bothers him even more is his tax dollars have paid to subsidize rural Internet service he cannot get at any price.

“Some basic research reveals that Time Warner has received millions of taxpayer dollars to provide broadband Internet in rural areas,” Prindle notes. “The commonwealth of Kentucky has given over $100 million to Internet providers alone to provide broadband Internet in rural areas alone. Opensecrets.org reports that Time Warner spent $4,950,000 in lobbying efforts of federal, state, and local governments in 2015. With this amount of money changing hands, the conspiracy theorists among us see a 20/20 episode coming.”

Prindle better have his rabbit ears ready to watch, because at the rate providers are not expanding rural broadband, he will have a long wait before being able to watch that 20/20 episode online.