New York residents can click the image above and input their address and see if Charter’s expanded service area will include their home or business.

The New York State Public Service Commission (PSC) today announced approval of a $13 million settlement agreement with Charter Communications after the cable company failed to build-out its cable network as required in last year’s approval of Charter’s acquisition of Time Warner Cable. The $13 million settlement is the largest cable company financial settlement of its kind in state history and possibly the largest in the nation’s.

“In its approval of the merger, the Commission required Charter to undertake several types of investments and other activities,” said Commission Chair John B. Rhodes. “While Charter is delivering on many of them, it failed to expand the reach of its network to un-served and under-served customers at the pace it committed. We are taking these additional steps to ensure full and complete compliance.”

Charter Communications was required, as a condition of approval of its merger with Time Warner Cable, to expand its broadband service to 145,000 unserved/underserved homes and businesses in New York over the next four years. Rural broadband expansion was one of the conditions Stop the Cap! recommended to the New York regulator in our testimony regarding the merger proposal.

In the first year, Charter failed to meet its buildout requirements, only reaching 15,164 locations — less than half of the 36,250 it agreed to serve by May, 2017. The cable company first tried to blame utility companies for dragging their feet allowing Charter to place its cables on their utility poles, an argument that failed to impress the PSC. Even if utility companies instantly cleared the way for Charter, the cable company admitted it would not be ready to proceed because of necessary preparatory work needed to begin the buildout.

As a result, Charter has been forced to place $13 million in an escrow-type account that New York can tap into in amounts of up to $1 million increments to penalize the company for further delays. Charter can win back all $13 million if it stops missing its six-month buildout targets. Each time it does miss a deadline, the State reserves the right to withdraw funds in amounts that will vary based on the seriousness of the violation. Some forfeited funds will be used to acquire computers and internet training for low-income New Yorkers. The rest will be channeled into New York’s general fund.

Charter’s new targets require the company to expand its cable service in increments of 21,646 homes over six periods through May 18, 2020.

Many rural New Yorkers with no access to broadband service have complained Charter has not been forthcoming about whether the broadband expansion will reach their individual home or business, so the cable company has also agreed to launch a new website where New Yorkers can input their home or business address to learn if they are included in the broadband expansion. Charter warns that inclusion on the build-list database is not a guarantee that a home or area will be actually be reached.

“Build plans, timelines, and all other information provided are subject to change and areas designated for build may not be built,” the website states.

Charter is also required to deliver broadband speeds up to 100Mbps statewide by the end of 2018 — something the company has already accomplished in almost every part of the state where it provides service. The company is not subject to broadband rate regulation, and Charter charges a $199 setup fee for customers who seek to upgrade to speeds in excess of 60Mbps (except in former Time Warner Cable Maxx service areas, where 100Mbps is already the standard broadband speed). Charter must also make 300Mbps available to all New York residents by the end of 2019, something the company will likely achieve in most parts of the state sometime late next year.

Charter Communications is by far the largest cable company serving New York State. The company provides cable television, internet and telephone service in the major metropolitan areas of Buffalo, Rochester, Syracuse, Albany and the boroughs of Manhattan, Staten Island, Queens and parts of Brooklyn. Cablevision, now owned by Altice, covers the other boroughs and Long Island, as well as part of the Hudson Valley and Westchester County.

Regular speed test results from a network of volunteers using FCC-supplied equipment are showing some problems with Charter Communications’ ability to meet its advertising claims for fast broadband speeds.

After Charter acquired Time Warner Cable in May 2016, it formally suspended Time Warner Cable’s Maxx upgrade program, designed to increase broadband speed and capacity across the cable company’s footprint. Charter committed to completing Maxx upgrades already underway at the time the merger was concluded, but future upgrade activity would have to wait for up to three years before being completed.

As a result, newly available speed test results are showing that in some areas where Charter delayed upgrades, some customers are seeing their speeds gradually drop as capacity no longer adequately meets demand.

One sign of trouble is when broadband speeds begin to slow or become unstable during peak usage times, typically in the evening hours. This is usually a sign customers have saturated the shared neighborhood connection serving their area. When customers head for bed, speeds usually return to normal. But customers are also complaining that in some instances they never get the speeds advertised by Charter’s Spectrum. Sometimes this is a result of a local line problem, but in some neighborhoods, a large number of customers sharing an inadequate or faulty connection can cause speed slowdowns that persist day and night.

A closer examination of daily speed test results over the last year show that while ordinary speed tests using Charter-hosted speed test servers or websites don’t always show a problem, independent tests of network traffic performance in areas bypassed for upgrades are showing signs of traffic jams.

During the last quarter of daily periodic testing, a customer that used to subscribe to Time Warner Cable’s 50/5Mbps service and routinely got those speeds no longer does after switching to Charter/Spectrum’s 60Mbps plan. Customers question where the bottleneck is, because when they test broadband speeds using the company’s own test tools, they usually find their broadband speeds are above what is advertised. But independent, regularly conducted speed tests by third-party organizations reveal problems. One customer noted for the month of July, he received a minimum of 27.3Mbps, a maximum of 70.1Mbps, but an average of only 47.6Mbps from Spectrum’s basic 60Mbps plan — less than what he was able to get from Time Warner Cable’s 50Mbps Ultimate Internet.

A review of traffic graphs show most of the problems are showing up in the evening starting by 5pm weekdays. Tests show uneven performance until around midnight.

Lexington, Ky. officials are mad as hell about some of the sales and customer service tactics heaped on the local citizenry courtesy of Charter Communications, better loathed as “Spectrum.”

In a letter released yesterday, Lexington’s chief administrative officer Sally Hamilton told the cable company her office mail is running hot and a lot of it is from local residents furious about Charter’s business practices and pricing.

The city now wants Charter officials to turn over company records detailing customer complaints and attend a public hearing to discuss the cable company’s performance since taking over for Time Warner Cable.

Lexington officials are also unhappy that Charter recently laid off 56 customer service employees in its local office.

“The city is left wondering what abuse will be heaped upon it next by Charter-Spectrum,” the letter said. “Because of the public urgency regarding Charter’s actions regarding its Spectrum service, we insist on a swift response to this letter,” Hamilton added.

The Herald-Leader obtained copies of earlier correspondence between the city and the cable company detailing its response to accusations of “shoddy customer service.”

Local residents are unhappy that Charter has dramatically raised rates, shows an unwillingness to negotiate over its pricing, and has removed a number of channels from Spectrum’s basic cable lineup.

The cable company has also been accused of aggressive sales techniques, including using door-to-door agents to browbeat mentally and developmentally impaired people into signing up for cable service, even though they are legally not able to sign contracts. The city is demanding to know how many times that has happened.

Charter is also accused of preventing customers from talking to supervisors, lowering advertised broadband speeds, and no longer accepting returned cable equipment through the mail.

Charter’s June 5 letter assured the city that “quality customer service is of the utmost importance to Charter,” and claimed the company was in the process of spending $3.1 million on local improvements, including 860 new outdoor Wi-Fi hotspots, and low-cost internet access for the poor.

Despite claims from America’s wireless companies that they deliver world-class wireless speeds, a new report from Akamai shows the United States only ranked 28th fastest in the world, beaten by the African nation of Kenya that ranked 14th.

Kenya’s 13.7Mbps average mobile broadband speed is almost twice as fast as the global average and consistently better than the U.S., where 10.7Mbps is the average. Nearly 90% of Kenya relies on mobile phones to reach the internet, primarily because its fixed line network never developed adequately to support faster broadband speeds. Kenyans have cell phones with cheap data plans, supported by a growing optical fiber backhaul network.

The United Kingdom, Germany, Finland, France, Norway and Denmark all scored the highest, with UK customers now getting an average speed of 26Mbps over 4G connections.

What two North American countries are not on this list?

Comcast may be undercutting its own fiber broadband aspirations by introducing a cheaper way for customers to get gigabit broadband service over their existing Comcast cable connection.

Customers in seven new areas, including most of Colorado, Oregon, southwest Washington State, and the cities of Houston, Kansas City, San Francisco and Seattle now have access to Comcast’s DOCSIS 3.1-powered gigabit downloads. (Upload speeds are limited to a much less impressive 35Mbps.)

Comcast announced the new communities as part of their gradual rollout of DOCSIS 3.1 — the standard that powers cable broadband — across their national footprint. These communities join Utah, Detroit, Tennessee, Chicago, Atlanta, and Miami where Comcast has already introduced the new speeds.

It is Comcast’s latest foray into gigabit speed broadband, and it is decidedly focused on the cities outside of the northeast (except Boston) where Comcast has not faced significant competition from Google Fiber or AT&T Fiber, both delivering gigabit speed internet access. Verizon FiOS, predominately in the northeast, only recently introduced gigabit speed options for its residential customers. Comcast continues to be among the most aggressive cable operators willing to boost broadband speeds for its customers, in direct contrast to Charter Communications, the second largest cable operator in the country that is predominately focused on selling 60-100Mbps internet packages to its customers.

Comcast sells multiple broadband speed tiers to its customers.

Comcast’s efforts may undercut its own fiber-on-demand project, which wires fiber to the home service for some Comcast customers seeking up to 2Gbps service. That plan comes with a steep installation fee and term commitment, making it a harder sell for customers. Comcast’s DOCSIS-powered gigabit will retail for $159.95 a month, but Comcast is offering pricing promotions ranging from $70-109.99 a month with a one-year term commitment in several cities. The more competition, the lower the price.

In Kansas City, where Google Fiber premiered and AT&T is wiring its own gigabit fiber, Comcast charges $70 a month, price-locked for two years with a one-year contract. Customers who don’t want a contract will pay dearly for that option — $160 a month, which is more than double the promotional price.

In Houston, where AT&T has not exactly blanketed the city with gigabit fiber service and Comcast has been the dominant cable operator for decades, gigabit speed will cost you $109.99 — almost $40 more a month because of the relative lack of competition. Customers who bundle other Comcast services will get a price break however. Upgrading to gigabit service will cost those customers an additional $50 to $70 a month, depending on their current package.

“Additional prices and promotions may be tested in the future,” the company said in a news release.

Comcast does not expect many customers will want to make the jump to gigabit speeds and a higher broadband bill. Rich Jennings, senior vice president of Comcast’s Western/Mountain region, told the Colorado Springs Gazette that gigabit service was a “niche product for people who want that kind of speed.”

Comcast does suspect a number of signups will be from broadband-only customers who don’t subscribe to cable television.

Mike Spaulding, Comcast’s vice president of engineering, thinks the service will appeal most to those who rely entirely on a broadband connection for entertainment and communications.

“There’s not a lot of need for gigabit service for one customer to do one thing,” Spaulding told the Denver Post. “But what it does is enable an even better experience as more devices in the home are streaming, whether it’s video or gaming or whatever they are doing in the home. Most of our customers subscribe to the 100Mbps package today. Less than 10 percent of our customers are in the 200-250Mbps. We’ll see where one gig takes us.”

One place a gig may take customers is perilously close to Comcast’s notorious 1TB usage cap, which is currently enforced in Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New Mexico, Western Ohio, Oregon, Tennessee, Texas, South Carolina, Utah, Southwest Virginia, Washington, and Wisconsin, even for this premium-priced internet tier. Customers exceeding it will automatically pay a $10 overlimit fee for each 50GB of excess usage, up to a maximum of $200 a month. An unlimited ‘insurance plan’ is also available for $50 a month, which removes the 1TB cap.

Customers will have to use a new modem if they upgrade to gigabit service, either renting one from Comcast for around $10 a month or buying a compatible DOCSIS 3.1 modem. Two of the most recommended: the Arris Surfboard SB8200 ($189) or the Netgear CM1000 ($171.99) (prices subject to change).