An email from Charter/Spectrum announcing minor speed upgrades. (Image courtesy: pspfreak)

Former Time Warner Cable customers that never received Maxx upgrades are now getting a minor consolation prize from Charter Communications: a minor broadband speed boost at no additional charge.

Customers eventually receive an email message from Charter/Spectrum advising them of the upgrade. For Standard Internet customers, the email reads:

Dear Valued Customer,

We just made your fast Internet speeds even faster. And the best part is, you don’t have to do a thing.

We know that today there is more to see, learn, play, share and do online than ever before. That means more streaming video, more music and movie downloads, more photo sharing and more gaming. You have more devices in your home than ever before, from laptops to game consoles, e-readers to smartphones, which means you need more speed so everyone can do what they need to, and all at the same time if they want to. That’s why we have increased your Internet speeds from 15Mbps to 20Mbps.

This speed increase for our customers is just our way of saying thanks. Enjoy your faster speeds!

Customers in western New York were upgraded over the past weekend, while some others have quietly been getting upgrades over the last two weeks. At press time, we have confirmed two tiers have been upgraded, but others may have as well. Customers need to disconnect the power cable from their modem for 10 seconds and plug it back in to get the new speeds:

• Time Warner Cable Standard Internet: Was 15Mbps, now 20Mbps. (Speeds are overprovisioned and may report somewhat faster during speed tests).
• Time Warner Cable Ultimate Internet: Was 50Mbps, now 60Mbps. (Speeds are overprovisioned and generally report 70/6Mbps during speed tests).

Stop the Cap! reader Howard in Albany, N.Y. reported his area was upgraded over the weekend, and we can confirm customers in the Rochester/Finger Lakes region in western New York are now also getting the higher speeds.

Legacy Time Warner Cable customers can report their experiences in the comment section. We’d be particularly interested in knowing if these upgrades also happened for Turbo and Extreme customers.

Delivering 21st century broadband speeds to rural Californians just doesn’t interest incumbent phone companies like AT&T and Frontier Communications, so the California legislature has been hard at work trying to entice upgrades on the taxpayer’s dime while reassuring ISPs they won’t have to break a sweat doing it.

Steve Blum from Telus Venture Associates reports the California Advanced Services Fund (CASF), California’s equivalent of the FCC’s Connect America Fund (CAF) – is about to get a makeover sure to delight the two phone companies while throwing some cash at cable operators like Comcast, Cox and Charter to keep them happy as well.

The changes are encompassed in Assembly Bill 1665, sponsored by Assemblyman Eduardo Garcia (D–Riverside County), who counts AT&T as his sixth biggest contributor. The phone company has cut checks to the former mayor of Coachella not less than a dozen times amounting to $16,700. Garcia has also received special attention from AT&T’s lobbyists, who invited him to appear side-by-side with AT&T officials at press-friendly events where the phone company donated $10,000 to an abused women’s shelter and $25,000 to the Court Appointed Special Advocates of Imperial County.

Blum reports that the bill has been largely a placeholder until now as negotiations and dealmaking happened behind the scenes. The result is a corporate welfare bonanza that will raise $330 million for the CASF by reinstating a telephone tax on consumers and businesses than ended last year. Of that, $300 million will end up in the pockets of phone and cable companies, $10 million will go to regional broadband efforts, and the remaining $20 million will be designated for schools, libraries, and non-profit groups to promote broadband use, but only where providers already offer service or will shortly. In effect, that $20 million will turn public institutions into sales agents for ISPs.

The corporate giveaway bill will also sell Californian consumers down the river:

• The bill effectively replaces the FCC’s minimum definition of broadband (25/3Mbps) with California’s own minimum: 6/1Mbps — conveniently about the same speed telephone company DSL provides. As Blum writes, the language “makes 1990s legacy DSL technology the new 21st century standard.”
• AT&T and Frontier Communications get monopoly protection with exclusive CASF rights in areas where they currently receive federal CAF funding. This means both companies will get to double-dip federal and state money to expand inferior DSL or fixed wireless service and never have to worry about taxpayer funding going to their competitors or communities that might choose to build their own superior broadband networks. It virtually guarantees rural California will be stuck with sub-standard internet access indefinitely, and at the taxpayer’s expense.
• CASF funding has always been exclusively for infrastructure construction — building out the last mile to deliver internet access to consumers and businesses. But the new bill now allows the money to also be spent on “operating costs,” a rat hole where millions can quickly disappear with little improvement in broadband expansion or service.
• The new bill suggests that provider contributions — where providers agree to kick in a percentage (usually 30-40%) of their own money on expansion projects in return for getting taxpayer subsidies, is just too hard on struggling phone companies like AT&T and Frontier. Under the new proposal, this requirement should be eliminated.
• Individual homeowners would be able to apply for grants to get broadband connections, a direct nod to the state’s cable companies that routinely ask would-be customers just out of reach of the nearest cable line to pay tens of thousands of dollars to build a line extension. If approved, cable companies could set the installation price as high as the sky and get taxpayers to foot the bill, enriching themselves while avoiding any regulatory scrutiny.

Cable companies also get another wish granted — keeping subsidized broadband out the hands of many poor Californians that need connections for education, job-seeking, and training. The bill proposes to ban funding for broadband facilities in public housing. Cable companies have been irritated spending capital on broadband expansion to public housing only to find many of its customers would likely to qualify for their “internet for the poor” programs that cost as little as $10 a month.

Blum reports the language isn’t final and is likely to be amended as negotiations continue. A hearing of the Communications and Conveyance Committee at the State Capitol, Room 437 is scheduled for 1:30pm PDT today on the bill. You can listen to the hearing when in session here.

Charter Communications is facing a second lawsuit related to false advertising about its ability to provide fast internet service and allegations the company knowingly supplied customers with deficient equipment.

Hart et al. v. Charter Communications Inc., is seeking certification as a nationwide class action from a judge in the U.S. District Court for the Central District of California.

The suit claims that Charter’s subsidiary Time Warner Cable purposely leased out modems and wireless routers it knew were incapable of achieving Time Warner Cable Maxx broadband speeds, consistently oversold its broadband network — resulting in slower internet speeds and performance than the company advertised, and raised customers’ bills without adequate notice.

The California lawsuit closely mirrors one filed in February by New York Attorney General Eric Schneiderman, and focuses on similar claims that Charter is engaged in “false representations and other wrongful business practices.”

The complaint claims:

• The company willfully and intentionally advertised internet service it could not provide, claiming customers would receive internet service that was “fast” with “no buffering,” “no slowdowns,” “no lag,” “without interruptions,” “without downtime,” and “without the wait.”
• Charter leased older generation modems and wireless routers to many of their customers that were incapable of supporting the promised internet speeds. Older technology modems could not provide the full benefit of Time Warner Cable Maxx speeds of 100-300Mbps, and company-provided network gateways delivered Wi-Fi service at speeds considerably lower than advertised.
• Charter regularly failed to manage their network in a manner that would give customers consistent broadband speeds. Instead, “Defendants included too many subscribers in the same service group and provided too few channels for such subscriber, thus causing an internet ‘traffic jam’ (particularly during peak hours) that slowed every subscriber’s connection to speeds substantially below what was promised and paid-for. Indeed, even when consumers resorted to using wired connections, their Internet speeds still fell short of the promised speeds.”
• Defendants also have adopted an unlawful and unfair practice of adding new fees or other charges to consumers’ bills without adequate notice and outside of the terms promised upon sign-up. In 2016, one customer signed up for a promotional “Spectrum Internet with Wi-Fi” plan with a fixed rate of $64.99 and a $10.00 “Promotional Discount,” making her plan cost a total of $54.99 per month. This amount was reflected in her February 2017 bill. However, on her March 2017 bill, the customer was automatically charged $59.99, a $5.00 increase of which she was not given adequate notice and which was improperly charged to her credit card automatically.

The lawyers bringing the case propose to include as class members anyone who purchased internet service from Time Warner Cable/Charter Communications nationwide, those who believed the company’s advertising that claimed speeds were fast and reliable, and customers enrolled in auto-pay who were not properly informed of changes in price or the terms of service. If certified, the potential size of the class action case could involve millions of customers.

DOCSIS 3.1 is the latest standard for cable broadband. (Image courtesy: Diparth Patel)

DOCSIS 3.1 — the newest iteration of the standard that allows cable operators to deliver broadband over their hybrid fiber-coax networks — is performing better than expected, according to engineers at some of the largest cable companies in the country.

Multichannel News reports the new robust standard works “really well” even when cable infrastructure isn’t up to pristine standards.

“It [DOCSIS 3.1] works better than 3.0 in noisy plant,” said JR Walden, senior vice president of technology and chief technology officer of Mediacom. Walden adds it even performs well where cable operators oversell their network, packing too many customers on a congested node that would normally cause speeds to fall dramatically under the current DOCSIS 3.0 standard.

DOCSIS 3.1 is more efficient handling bandwidth available for broadband service and its ability to bond multiple channels together allows cable operators to boost internet speed tiers dramatically. Mediacom is currently deploying gigabit speeds across its entire network footprint, and the technology is backwards-compatible with DOCSIS 3.0 so cable networks can be upgraded without any disruption to customers.

Mediacom expects its costs to provision customers with broadband service across all speed tiers to drop because of DOCSIS 3.1, delivering the company “better economics.” Customer upgrades can also deliver additional revenue, and Walden claimed between 3-10% of Mediacom customers have already upgraded to gigabit speeds.

The Comcast XB6, one of the first DOCSIS 3.1 network gateways.

The biggest challenge found by early adopters of DOCSIS 3.1 isn’t the technology — it is the network gateways that connect cable modem service to in-home wired and wireless networks. DOCSIS 3.1-compatible gateways are still in short supply, and is essential if the customer is going to get the broadband speed they are paying for. The biggest bottleneck of all comes from in-home Wi-Fi.

Multichannel News:

“Having a very powerful WiFi device is critical” for DOCSIS 3.1, agreed Damian Poltz, VP of technology strategy and networks at Shaw Communications.

Comcast is trying to address this with the XB6, a full-featured DOCSIS 3.1 gateway that will also integrate speedy WiFi, ZigBee and other connectivity technologies.

For its initial D3.1 deployments, Comcast has been pairing stand-alone modems with a separate gateway to serve “thousands of customers.”

While acknowledging that such a set-up is not ideal, Jorge Salinger, VP of access architecture at Comcast, confirmed that Comcast is building versions of the XB6 that use Broadcom and Intel chipsets. He said Comcast is completing employee trials shifting toward customer trials and on to commercial deployments, which are expected to begin in the next month or so.

Customers without DOCSIS 3.1-compatible equipment will find speed tests reporting slower speeds than advertised. Several vendors are working on expanding the supply of network gateways and are making sure those devices can deliver robust Wi-Fi.

The cable companies most aggressive about DOCSIS 3.1 deployment have been Comcast and a variety of smaller national and regional operators like MidCo and Mediacom. Altice is upgrading Suddenlink customers to gigabit speeds using the current DOCSIS 3.0 standard and is scrapping its existing coax network for Cablevision customers, to be replaced with fiber-to-the-home service. Lagging behind will be Charter Communications, expected to be among the last cable operators to upgrade to DOCSIS 3.1 as it remains preoccupied with integrating Time Warner Cable and Bright House into its existing operations. Charter’s first priority is to complete all-digital upgrades for TWC and BH customers, expected to take up to two years to complete.

The second half of 2016 shows losses in broadband and television customers.

Frontier Communications CEO is blaming employees for the company’s deteriorating financial condition and operating performance and has allegedly dropped bonuses and merit pay increases for lower-level employees.

Sources inside Frontier Communications tell Stop the Cap! Frontier CEO Dan McCarthy notified employees in email on March 2 — one week before employees were expecting to receive their annual bonus — the company would no longer be providing bonus compensation for “lower banded management employees.” They hired redundancy representation for employers for this case.

“He implied that he too was affected but I highly doubt that is the case,” one source tells us. “We weren’t notified via a ‘Town Hall’, no conference call, no face to face with our managers, only a cowardly e-mail sent from behind a desk thousands of miles away. Keep in mind that people use that to pay house taxes, medical bills, pay off other bills, pay college tuition, etc, and a week before we were slated to get it we’re told that it isn’t coming.”

McCarthy has been on the hot seat with Wall Street for weeks after reporting yet another quarter where many of Frontier’s most profitable customers are fleeing faster than the company can replace them with new ones. McCarthy also told investors that many of Frontier’s losses in the last quarter were due to the company finally disconnecting service and writing off customers who haven’t paid their Frontier phone bills for as long as a year in acquired former Verizon territories in Florida, Texas, and California.

McCarthy

“There was certainly no suggestion that the big acquisition would pay off in the company’s Q4 earning report when subscriber counts, average revenue per residential user, and quarter-over-quarter revenue all fell,” wrote Daniel B. Kline of TMFDankline. “That has been the pattern in all three quarters since the Verizon deal closed, and while McCarthy has done an excellent job controlling expenses, his excuses for the drop in subscribers have started to sound a bit hollow.”

That effort to “control expenses” may be coming at the expense of customers that Frontier is depending on to stay in business.

New York Attorney General Eric Schneiderman last month announced the state was reviewing Frontier’s performance in western New York. A Rochester television station has aired more than a half-dozen stories about deteriorating service quality at Frontier since last summer. After airing the first few stories, the station was inundated with hundreds of complaints about Frontier’s spotty broadband and phone service.

News10NBC (WHEC-TV) reported it can take weeks for a Frontier technician to show up on a service call. Customer service is no help and customers are not getting the services they paid to receive.

Frontier was also implicated last month in knocking a Rochester area radio station off the air. After the company first blamed the radio station’s equipment for the problem, Frontier eventually admitted its own “old infrastructure” was responsible for outages that interrupted broadcasts for hours at a time.

Frontier’s stock continues its descent.

Schneiderman has been focused on keeping New York’s ISPs honest about their speed claims and performance, but service reliability is also increasingly an issue, especially after high winds in a recent storm in western New York left nearly half of the Rochester metro area without essential utilities for several days. Infrastructure upkeep, particularly aging utility poles, is now under investigation by the state’s Public Service Commission. Early evidence revealed local utilities may have underinvested in pole maintenance for years due to cost cutting. Some utility poles in western New York are well over 50 years old, originally placed in the 1950s and 1960s. Hundreds failed in the high winds.

Frontier’s track record of blaming others for their own problems has not been well-received by employees.

“Maggie Wilderotter [former CEO of Frontier Communications] was bad but McCarthy’s leadership is erratic and catastrophic,” shares another Frontier middle management employee wishing to stay anonymous. “McCarthy was defending the regional management autonomy approach as a unique strength for Frontier last summer, now he’s declared that is inefficient and is centralizing management decisions at corporate headquarters. He was selling Wall Street on Frontier’s IPTV project in 2016 by promoting expanded service territories. Now that project is on hold and there are signs Frontier is pulling back on meaningful and long overdue broadband speed upgrades. He recently announced he was reorganizing residential and commercial sales units, something our competitors did long ago and will only disrupt things at Frontier even more. Poor customer service was the result of “on-shoring” our call centers? Not exactly. Poor training and inadequate support have left our call center employees unable to properly handle customer concerns. Employees can reach out to an employment law attorney when facing unjust treatment in the workplace. He also consistently downplayed how nightmarish the Verizon conversion was for our new customers in Florida, Texas, and California. It was bad planning, bad vision, and poor execution and the buck stops with our CEO.”

Another source tells us:

“We worked 60-80 weeks, late nights, weekends, countless hours away from our families to push forward with projects that were horrible for our customers and senior leadership was told to get the job done regardless any way they could. We worked through the AT&T and Verizon conversions. We performed as employees of Frontier. Who did not perform? Those making these horrible financial and planning decisions that caused major outages to former Verizon customers when they finally cut over. Some problems were so severe that many customers decided to leave.”

Frontier insiders tell us the company is on a mission to slash expenses across the board to turn in better financial results that can protect the company’s dividend payout to shareholders and, in turn, executive pay and bonuses. The company is reportedly considering allowing more employees to work from home to cut facilities costs, utilities, and maintenance expenses.

“There have been numerous resignations over this and morale is at an all-time low within the company,” a source tells us.

One of the employees sharing the latest developments reports he has turned in his resignation this month and hired an employment lawyer at HKM.com to get the compensation he deserves.

“I figure I should follow so many of our customers to a company that isn’t great, but at least makes an effort delivering what it promises.”

Frontier’s Problems Afflict Hundreds of Customers in Western N.Y.

WHEC-TV Rochester has been following problems with Frontier Communications since last summer. Until the acquisition of former Verizon customers in Texas, Florida, and California, the Rochester, N.Y. metropolitan area was considered Frontier’s largest legacy city service area. But just like in smaller rural communities, service problems have plagued Frontier, with complaints rolling in about slow or non-existent broadband, landline outages, poor billing and customer service practices, and service calls that take weeks before anyone shows up.

WHEC-TV Rochester began covering problems with Frontier on Aug. 22, 2016 with an investigation into internet woes at a Geneseo insurance agency. (2:21)

One day later (Aug. 23, 2016) complaints from other Frontier customers poured into WHEC-TV’s newsroom because of outages and bad service. (2:54)

In September, 2016 WHEC-TV was back with another story from frustrated and angry customers who can’t get suitable service from Frontier Communications, but found a $200 early termination fee on their bills when they tried to cancel. Now the Attorney General is getting involved. (3:18)

In late December, WHEC reported it had asked the N.Y. Public Service Commission to start an investigation into Frontier Communications over its broadband service. (2:20)

In February, when N.Y. Attorney General Eric Schneiderman came to town to discuss the honesty of ISP speed claims, WHEC reporter Jennifer Lewke instead questioned him about the hundreds of complaints the station had received about Frontier Communications. (3:03)

About one week after the Attorney General visited Rochester, WHEC reported Frontier Communications’ “old and outdated” equipment was directly responsible for taking a local radio station off the air for hours at a time. (1:10)

Several days after a windstorm in the Rochester area took away power to nearly half the metropolitan area, WHEC reports residents are frustrated waiting for cable and phone service to be restored. An investigation into utility infrastructure is now underway. (3:17)