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Nevada’s Attorney General Finds Frontier Internet Lacking, Wins Refunds and Upgrades

Phillip Dampier October 10, 2019 Broadband Speed, Consumer News, Frontier, Public Policy & Gov't Comments Off on Nevada’s Attorney General Finds Frontier Internet Lacking, Wins Refunds and Upgrades

Frontier residential customers in Nevada could receive a refund and improved service after a court filing from the Nevada Attorney General’s Bureau of Consumer Protection (BCP) found Frontier’s internet services lacking.

Since 2017, BCP has collected scores of complaints about Frontier’s internet service and its performance, mostly regarding slow service, frequent outages, and ongoing billing problems.

The BCP found Frontier liable under NRS Chapter 598 which forbids providers from misleading consumers about internet speed and service performance in marketing and advertising. An Assurance of Discontinuance filed with the court allowed Frontier to settle while avoiding admitting any wrongdoing and agreeing to correct service deficiencies.

The state found Frontier repeatedly did not disclose limitations of broadband service availability and knowingly marketed its DSL service at speeds the company could not provide customers.

According to the court document:

  • Frontier is required to “clearly and conspicuously” disclose in its print and broadcast advertising the actual internet speeds available to customers in terms of minimum and maximum speed.
  • Customers that sign up for a high-speed plan that Frontier cannot provide may switch to a lower speed plan or discontinue service incurring no penalties or early cancellation fees.
  • Existing customers that do not receive at least 90% of the highest speed their current plan advertises will receive a service credit of 50% of the internet charge for each month Frontier did not provide such speed. Credits will begin in 2020 and end three years after the date the court accepts the Assurance.
  • Frontier has also agreed to invest at least $1 million to improve internet service in Elko County.

Charter Spectrum Planning New Rural CBRS Wireless Trials in Upstate New York and Rural North Carolina

A CBRS antenna for fixed wireless broadband was installed on this North Carolina home by Charter Spectrum. (Image: Charter Communications)

Charter Communications is envisioning building out a rural fixed wireless network on the edges of its existing service areas in rural parts of New York and North Carolina to attract new customers without spending money on extending its hybrid fiber-coax (HFC) network to high-cost areas.

Charter has spent more than a year conducting mobility and fixed wireless tests using small cells in several cities across the country to determine if the technology is commercially viable. The company is focusing on two service scenarios: rural areas within a mile or two of its existing cable footprint and urban and suburban areas already served by Spectrum’s HFC network.

Charter’s rural initiative uses the Citizens Band Radio Service (CBRS) band at 3.5 GHz to provide rural fixed wireless service to areas just out of reach of its cable network. Trials of fixed wireless service are already underway or will be soon in exurban and rural areas near Denver, Tampa, Bakesfield, Calif., Coldwater, Mich., and Lexington, Ky. These first trials were designed to prove the concept of delivering high-speed fixed wireless internet in different areas of the country. In 2020, additional trials are planned for rural parts of New York and North Carolina, with a tentative plan to launch service that same year.

“Results of these trials have been promising as we were seeing speeds that significantly exceed the FCC’s definition of high speed broadband in most circumstances which would allow for video streaming and the use of multiple apps simultaneously,” Charter wrote on its Policy Blog. “We believe fixed wireless access technologies using this mid-band spectrum could offer a cost-effective solution for providing broadband service to homes and businesses in harder to reach rural areas.”

The next step for Charter is a full service trial in rural counties in New York and North Carolina that would offer high-speed wireless broadband to residential customers. Charter began testing its fixed wireless service in Davidson County, N.C. roughly between the communities of Lexington and Salisbury. Each of Charter’s four temporary transmitting locations in Davidson County are licensed to serve a radius of up to 9.3 miles, but most customers are significantly closer to the transmitting sites. Participants get free service for the duration of the trial, a free outdoor antenna and a free combination receiver/router. All equipment remains the property of Charter and is to be returned at the end of the trial.

Charter told attendees at last week’s SCTE/ISBE Cable-Tec Expo in New Orleans that results exceeded performance expectations. Customers are getting in excess of 25/3 Mbps service, and there is enough bandwidth left over for Charter to consider offering a true wireless triple play package of video, internet, and home phone service.

Charter’s mobile vans can deploy a CBRS, C-Band, or millimeter wave signal. (Image: Charter Communications)

Craig Cowden, Charter’s senior vice president of wireless technology, told attendees Charter envisions CBRS wireless service to extend the Spectrum cable footprint into rural areas just outside of the cable company’s wired footprint, and a good economic case might be possible to offer service to residents that usually fail the company’s Return On Investment test that governs whether Charter will extend wired service into unserved neighborhoods within their franchise area.

But Cowden also sees Charter deploying CBRS in urban and suburban areas to handle wireless traffic for a growing number of its wireless customers. Spectrum Mobile relies on free Wi-Fi networks and an agreement with Verizon Wireless to provide 4G LTE connectivity for its customers. Charter can begin reducing costs by moving mobile traffic off of Verizon’s network and onto Charter’s own mobile network, likely operating on CBRS frequencies.

The CBRS band is suitable for outdoor traffic, but is likely not going to work well when customers go indoors. Charter plans to hand that traffic back to its extensive network of Wi-Fi hotspots, mostly located at businesses using Spectrum’s commercial service, and the customer’s own in-home Wi-Fi.

Charter has been testing its mobile CBRS service from test transmitters in Tampa and Charlotte, N.C., but plans a much more extensive test in New York and Los Angeles utilizing more than 250 cell sites.

In 2017 and 2018, Charter also filed requests for special temporary authority to test 5G service in the 28 GHz millimeter wave band, but those tests appear to be exploratory and there is no indication a commercial deployment effort is forthcoming soon.

Charter’s Experimental CBRS Projects (based on filings with the FCC for experimental and permanent licenses)

Lexington, Kentucky

WM9LXR was licensed on March 23, 2018 and a CBRS transmitter capable of reaching up to a radius of 9.3 miles was placed on top of the Fairfield Inn & Suites by Marriott Lexington North at 2100 Hackney Place in Lexington. The license expired Sept. 19, 2018. A new application to operate this transmitter was filed Nov. 16, 2018 expiring June 4, 2019.

Centennial, Colorado

WM9XTL was licensed on June 1, 2018 and a CBRS transmitter capable of reaching up to 15 miles away was erected just northeast of the Centennial Airport along E. Easter Avenue. This transmitter was designed to experiment with mobile CBRS services. The license expired Dec. 5, 2018.

Another experimental license to test CBRS service was sought Nov. 16, 2018 and expired June 4, 2019.

A license to operate WO9XOY was filed on May 10, 2019 to experiment with a private fixed wireless LTE network in the CBRS band for a corporate client from the same transmitter location as above. The license would expire Dec. 2, 2019.

Los Angeles

WM9XXU was licensed on June 22, 2018 to test CBRS mobile service from four transmitting sites around Baird Park, Van Nuys, Baldwin Hills, and West Anaheim Junction areas. The license expired Dec. 22, 2018.

An application to operate WN9XRT was filed with the FCC on Nov. 16, 2018. CBRS transmitters would operate from the same neighborhoods as above to conduct outdoor and indoor fixed wireless mobile testing within 8 miles of the four fixed locations until Dec. 22, 2018.

An application to run WO9XQW on an experimental basis was filed May 31, 2019 to expire Dec. 19, 2019. The license application described the CBRS test project:

Charter will deploy experimental fixed and mobile equipment in various configurations. Depending on the testing scenario, devices will be deployed on existing aerial cable strand, on existing buildings/poles or indoors.

Specifically, Charter will use the following deployment approaches:

  1. Strand mount deployment: 118ft. height.
  2. Building/pole mount deployment: up to 100ft. height.
  3. Indoors: up to 40ft. height (3rd floor indoor).

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New York

WM9XXV was licensed on June 22, 2018 to test various CBRS applications from three transmitter sites:

125th Street & Rockaway Blvd. Jamaica
72nd Street Flushing
South Beach, Staten Island

The license expired Dec. 22, 2018.

An application for WN9XRS was filed with the FCC on Nov. 16, 2018 to expire Dec. 23, 2018 to test CBRS services from the three locations noted above. On May 31, 2019, another application was filed to continue testing until Dec. 19, 2019.

Charlotte, North Carolina

A pending application filed Aug. 28, 2019 for WN9XHY, a CBRS transmitter located on S. Caldwell Street next to Spectrum Center was filed on Aug. 28, 2018. Charter sought to cover a radius of just over 9 miles to test fixed and mobile applications with an expiration of March 16, 2019.

An application for WO9XCX was filed on March 15, 2019 set to expire Sept. 29, 2019. This is a CBRS experimental project to test indoor and outdoor fixed and mobile wireless reception from two fixed transmitter locations located at Spectrum Center and the Clanton Park/Roseland neighborhood. An application for an additional experimental license was filed March 15, 2019 with an operational end date of Sep. 28, 2019.

Tampa, Florida

An application for WN9XHZ, a CBRS transmitter covering up to 8 miles from Ybor Heights was sought on Aug. 28, 2018 to expire March 16, 2019. It was to test fixed and mobile CBRS applications.

Keystone, Iowa

A license to operate WN9XIX from a mobile transmitter van was filed Sept. 6, 2018 to expire March 30, 2019. An additional application to operate a similar CBRS test project was filed Sep. 17, 2019 and set to expire March 28, 2020. On Sep. 20, 2019 an application was filed to operate WP9XIC until March 29, 2020. This latter project is designed “to evaluate 5G frequencies and technologies for their use in point-to-multipoint access network capacity (e.g., rate versus range) and data throughput. The proposed operations will advance Charter’s understanding of technology and network potential using mid-band spectrum and will advance the potential deployment of fixed and mobile 5G services.”

Bowling Green (and Lake Wales), Florida

A license application filed Nov. 28, 2018 proposed to test wireless service in the so-called C-Band spectrum now used by satellites to check how well it performs with the potential of interference from licensed satellite TV services. Outdoor-only tests of wireless service within a two-mile radius of fixed transmitter locations in the vicinity of Bowling Green and Lake Wales were underway until the license for WN9XSQ expired June 10, 2019.

An additional license to further test potential C-Band spectrum for interference issues was sought to begin Dec. 12, 2018 and expiring June 10, 2019.

Davidson County, North Carolina

Charter applied for an ongoing license to operate WJ2XZT, a CBRS project consisting of four transmitters each serving a radius of approximately nine miles, to provide fixed wireless service to customers in this part of rural North Carolina. The transmitters are located at three locations:

153 Sigmon Road, Lexington
185 Chestnut Grove Church Road, Lexington
784 Mount Carmel Road, Lexington

Park City, Utah

On July 3, 2019 the company applied for WK2XIP, a new one-year experimental project:

“As part of its efforts to lead the industry in broadband innovation, Charter intends to conduct fixed wireless experiments in the 3550-3700 MHz band. The proposed operations will advance Charter’s understanding of 5G technology and network potential in mid-band spectrum and will advance the potential deployment of 5G fixed and mobile services.

“Charter will conduct the proposed test using antennas at a location in the Park City, Utah area. These experiments will evaluate the 3550-3700 MHz frequencies and 5G technologies for their use in real-time communications in a low-latency environment.

“The tests will utilize fixed transmitters with a 2km or smaller effective radius. The antennas will be mounted on a hydraulic mast attached to a mobile trailer, which will be located at the requested test location. The radios will be pointed towards the side of the mountain, the peak of which is higher than the peak height of the mast. The trailer mast can be raised to 10.4 meters.”

Colorado Springs, Colorado

An experimental license for WO9XXJ was filed July 18, 2019 to test a millimeter wave 5G network in the 37 GHz band. The license expires Jan. 28, 2020.

Shocking Revelation: Big Telecom Companies Treating You Like Trash Turns Out to Be a Mistake

Jeff Kagan is a name familiar to anyone that follows the cable industry. For over 30 years, Kagan has been tracking consumer perceptions about the telecom industry and offering insight into the challenges these and other businesses were likely to face in the future. More recently, Kagan has been fretting about the growing trend of retail businesses paying more attention to cultivating their relationships with Wall Street while targeting their customers for abuse.

“I have been noticing how in recent years, retail is becoming increasingly unfriendly to the customer. This is a mistake,” Kagan offers in a new opinion piece on Equities.com. “New technologies and new ideas may be good for the bottom line in the short-term. They may solve problems like shoplifting, and that may make investors happy today. However, in the long-term, these customer unfriendly trends will take their toll as customers will shop where they feel appreciated, respected and wanted. Customers shop at stores they love. Love is an emotion. So, we must think of winning the customer with emotion. This is difficult for most businesspeople to understand.”

‘My way or the highway’-type attitudes from retailers come from all sorts of businesses. Warehouse clubs make you pay for the honor of shopping there. This is by far the best warehouse, with a good structure and flooring from warehouse-flooring.uk. And if it happened that you encountered concrete floor damage, don’t hesitate to call the concrete repair professionals from a site like https://concrete-repair.uk for help. Chains like Walmart are beefing up security teams, and in some places, they now demand to see receipts from customers exiting the store. But nobody has abused customers better and longer than the telecom industry. Not even the cattle-car-like airlines.

Kagan

After literally decades of almost bragging about their “don’t care” customer service while throwing attitude and intransigence at customers unhappy with service or pricing, the nation’s biggest cable and phone companies are now experiencing long-overdue customer revenge. Kagan notes that cord-cutting is not just about switching to a competitor for service. Many customers are literally thrilled to see the back end of their long hated provider.

Decades of monopoly service made abusing customers a risk-free and very profitable strategy for companies like Comcast, AT&T, Charter, Cox, Mediacom, and Verizon. In fact, someone turned the concept of the “cable guy” into a horror movie. Did you stay home from work to wait for a service call that never materialized? Tough luck. Don’t like yet another rate increase? Too bad.

“The reason they did this was, they had no competition in their market area. That meant the customer could not leave them,” Kagan noted.

After years of getting a bad reputation, only two things threatened to scare telecom companies straight — the fear of imminent regulation, such as what happened in 1992 when reregulation of cable companies turned out to be the only bill that year to be vetoed by President George H. W. Bush and overridden by the U.S. Senate to become law.

The other, much more scary fear is competition. In the mid-1990s, the nation’s biggest phone companies including what we now know as AT&T and Verizon were contemplating getting into the video business. This proved far more threatening than the much smaller home satellite dish business, which attracted around three million Americans at the time. The cable industry spent years taking shots at satellite competitors, including sticking dishowners with the cost of buying a $300 descrambler box up front, and charging as much (or even more) for programming than cable customers paid, despite the fact homeowners had to purchase and service their own dish, often 6-12 feet wide and not cheap to install.

The cable industry feared phone companies would charge ratepayers to subsidize their entry into the television business and sought protective legislation prohibiting the same cross-subsidization the cable industry would later rely on to introduce broadband and phone service.

More recently, after the country reached “peak cable” — the year the highest number of us subscribed to cable TV, the industry recognized it was likely all downhill from there. Comcast, in particular, specialized in empty lip service gestures to improve the customer service experience. For years, it promised to do better, only to do worse. The company even attempted to shed its bad reputation by changing the brand of its products from Comcast to “XFINITY.” Customers were not fooled, but that did not stop Charter from following Comcast’s lead, introducing the “Spectrum” brand to its products and almost burying its corporate name, which it barely references these days.

Kagan notes not following through on the customer service experience made cable companies ripe for stunning customer losses as new competitors for video service emerged. Comcast and Charter are among the biggest losers of cable TV customers, but their bad attitudes persist. Their latest ideas? Keep raising prices, rely on tricky Broadcast TV surcharges that are soaring in cost, end customer retention offers for dissatisfied video customers, and make up the difference in lost revenue by jacking up the price of broadband service, which is already nearly all-profit.

“The bottom line for any business is always focus on the customer. If they are happy, your business will remain strong and growing,” Kagan warned.

At some point, customers will get more choices for broadband service. Community owned broadband solutions have been very successful in communities that have experienced the worst abuse AT&T, Comcast, and Charter can deliver. In the future, fixed 5G wireless may provide perfectly respectable internet service if it is not data capped. Next generation satellite providers, interloping independent fiber to the home providers, and mesh wireless providers may offer consumers a number of options that can deliver suitable service and perhaps finally put cable and phone companies in their place.

New York PSC Approves Settlement Deal With Charter Communications

The New York Public Service Commission on Thursday approved its final settlement proposal with Charter Communications in a 3-1 vote, allowing Spectrum to continue as the dominant cable operator in New York State.

The Commission rejected all recommended changes from consumer groups (including Stop the Cap!), industry trade associations, and service providers, preferring its own Settlement Agreement.

In July 2018, the PSC voted to rescind approval of the 2016 Merger Order that allowed Charter to assume control of Time Warner Cable franchise areas in New York. The Commission found that Charter had violated a key merger condition requiring the cable operator to expand its service area on a timely basis to reach 145,000 rural homes and businesses that lack broadband service. The Commission found Charter was attempting to count newly constructed condos and multi-dwelling units in the New York City area towards that commitment, which the Commission claimed violated the terms of the agreement. After Charter argued it had the legal standing to define its network buildout more broadly and on its own terms, the Commission held an emergency meeting where it took the unprecedented step of voting to de-certify the merger and throw the cable company out of New York.

The Commission and Charter’s lawyers began private negotiations almost immediately after the vote, signaling the Commission was amenable to settlement talks.

The final settlement approved last week, nearly one year after the vote, narrowly focuses on Charter’s rural broadband commitment, reaffirms and expands it with a new $12 million rural broadband fund paid for by Charter. The cable company also agreed to stop counting addresses in the New York City area towards it broadband expansion commitment, and will deposit a $2,800 payment to escrow for each address where Charter misses its target construction deadline.

“We’re pleased the PSC has approved the agreement, and we look forward to continuing to serve our customers and expanding the availability of high-speed broadband in New York State,” Andrew Russell, Charter spokesman told the (Albany) Times-Union. “We thank the PSC, Chairman Rhodes, the commissioners and staff for working with us throughout this process.”

The settlement details:

  • Charter will complete the expansion of its existing network to pass 145,000 addresses entirely in Upstate New York. This expansion will not include New York City addresses, which the company had previously planned to include in an earlier buildout plan. To date, Charter has passed approximately 65,000 of the required 145,000 addresses. To comply with the settlement, the Department estimates that the company will invest more than $600 million, more than double the public benefit value estimated by the Commission in its 2016 merger approval.
  • Charter’s expansion will be completed by September 30, 2021, in accordance with a schedule providing frequent interim enforceable milestone requirements, with corresponding reporting and accountability.
  • Charter will also pay $12 million for additional broadband expansion projects at locations to be selected by the Department of Public Service and the New York State Broadband Program Office. Of the $12 million payments, $6 million will be administered by the New York State Broadband Program Office and $6 million will be paid into an escrow fund for work that will be completed by Charter at the State’s direction.

In Rochester, Stop the Cap! was disappointed to learn the PSC had rejected recommendations on improving the settlement.

“We feel all New Yorkers have paid a price for this bad merger, including skyrocketing cable bills and a yet to be determined number of rural residents that will fall through the cracks and end up serviced by no one,” said Phillip Dampier, the group’s founder and president. “We applaud the PSC requiring Charter to serve additional rural households, but every customer should get better service from Charter, including the 200 Mbps download speed that customers in many other states receive, and there must be a better solution for low-income residents that don’t qualify for Spectrum’s restrictive Internet Assist program and cannot afford $65 a month for internet access.”

Stop the Cap! today also filed a clarification request with the PSC about Charter’s internet speed commitment.

“There seems to be confusion about exactly what internet speed Spectrum should be offering its New York customers,” Dampier added. “The PSC seems to imply Charter has not yet met its obligation to increase internet speed to 300 Mbps by the end of 2019, while Charter considers the fact it offers gigabit service as evidence it has completed all of its speed obligations to New York State regulators. We want the PSC to clarify if it still expects Charter to offer 300 Mbps as a base speed to customers by the end of this year or whether the mere availability of speeds at or above 300 Mbps (which Time Warner Cable was already offering a significant part of New York a year before the Charter merger) has satisfied this merger condition.”

Montana’s 3 Rivers Communications Getting Out of the Cable TV Business On Oct. 31

After years of increasing costs for video programming, the disadvantages of not being large enough to qualify for lucrative volume discounts, and a declining customer base, a Montana cooperative says it is calling it quits on cable television service later this year to focus on its broadband business.

3 Rivers Communications, a rural telecommunications cooperative based in Fairfield, Mont., this week announced it was discontinuing television service on Oct. 31, 2019, inviting its members to choose a streaming TV provider (DirecTV Now, YouTube TV, etc.) instead.

The co-op serves 15,000 customers across two significant service areas in Montana. Only 1,800 still subscribe to cable television service — a number that has dropped steadily since the introduction of streaming TV alternatives. Most cable networks and local stations charge a sliding scale fee to carry their programming, with substantial volume discounts offered exclusively to large providers like Comcast, Charter, AT&T, DirecTV and Dish Networks. Small, independent companies are at a disadvantage because they must charge substantially more to cover their higher wholesale costs. Many have attempted to mitigate these high fees by pooling resources and buying programming through a national cooperative, but even that arrangement cannot keep costs low enough to prevent subscribers from canceling service after each rate increase.

Local TV station rate inflation, along with sports programming price hikes, have made offering cable television untenable for a growing number of small cable operators. As an example, 3 Rivers customers in Big Sky pay $32.99 for a basic cable TV package of 23 channels, including C-SPAN, Local Access, three religious networks, three home shopping channels, and around a half-dozen digital multicast TV networks. A comprehensive digital cable TV package costs $104.99 a month, just for television.

The 3 Rivers Communications television lineup for Big Sky, Mont.

In the last ten years, 3 Rivers has been focused on expanding its fiber to the home network, now reaching 65% of its customers. But the costs to provide service in rural Montana remain high, and internet packages remain costly. A 10 Mbps unlimited internet account costs $74.95/mo, 20 Mbps costs $94.95/mo, and 30 Mbps costs $114.95 (add around $10/mo for voice service). Offering television service originally boosted the average revenue received from each subscriber, but now that costs have skyrocketed, 3 Rivers now feels it should focus its investments on better broadband service.

“With all the new streaming options available, [including] Netflix and Hulu and Amazon Prime, in addition to traditional satellite providers like Dish and DirecTV, we just can’t really compete anymore,” 3 Rivers marketing director Don Serido told KRTV News. “We’re getting out of the TV business and we’re really going to focus on providing the best broadband we can to all of our cooperative members. That’s really what people want and need.”

Serido also said the company’s lack of support for pay-per-view and on demand programming also hurt its TV business. As a convenience to members, 3 Rivers is waiving all early termination fees and will continue to honor its promotional agreements until service is ended on Oct. 31.

The biggest impact will likely be felt by Montana TV stations that will lose retransmission consent revenue from 3 Rivers. Only a handful of streaming providers offer TV stations from the Great Falls market, forcing many cord-cutters to depend on on-demand viewing from services like Hulu and over-the-air antennas to pick up local stations.

As a member-owned cooperative, 3 Rivers returns all of its profits to members through capital credits. At the end of each fiscal year, the cooperative allocates a percentage of the margins to each patron on a pro-rata basis according to the total amount paid or produced for services. These allocations to patrons are known as capital credits. Upon approval of the Board of Trustees, these allocations are refunded to cooperative patrons. As a result, 3 Rivers has no incentive to overcharge its customers. Instead, it often invests its funds in improving service for its customers. When the cooperative was formed in 1953, it was the only provider of telephone service in north-central Montana. It has offered internet service for the last 20 years, with television only becoming a part of its menu of offerings a decade ago.

3 Rivers Communications will get out of the cable television business this fall, reports KRTV News in Great Falls, Mont. (1:05)

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