Still waiting for Verizon FiOS in New York City? Are you annoyed that your neighbors have impressive broadband speeds from an all-fiber network while you suffer with DSL or cable broadband from Time Warner or Cablevision? Your landlord may be the problem.

While cities upstate clamor for Verizon’s fiber upgrades, FiOS has gone unappreciated and unwanted by more than 40 building owners either blocking the company from entering their properties or ignoring repeated letters from Verizon requesting permission to begin upgrades. In many instances, Verizon has tried to make contact since 2010 with no success. Some building owners want extra compensation (sometimes to the extreme) before they will grant permission. Others don’t want the phone company performing work inside their buildings, period.

Now Verizon is appealing to the New York State Public Service Commission to ask for their intervention.

Verizon has the right to install cable television facilities, regardless of the landlord’s objections, under Section 228 of the New York Public Service Law, which states: “No landlord shall interfere with the installation of cable television facilities upon his property or premises ….”

Verizon has promised it will bear the full cost of the installation of its equipment, wiring, and other facilities to offer the service, as well as indemnify the landlord for any damage caused by the installation work.

In April, Verizon was criticized by New York City public advocate Bill de Blasio for falling behind schedule providing access to FiOS in low-income communities.

“Five years into one of the biggest franchise agreements issued by the city, roughly half of homes still have no access to fiber network connections—most of them concentrated in low-income areas like Upper Manhattan, the South Bronx, Western Queens and Central Brooklyn,” said de Blasio.

The public advocate added:

Under Verizon’s 2008 franchise agreement, all New York City residents are supposed to have access to fiber optic networks by June 2014. As a benchmark, the contract required the company to reach more than three-quarters of City residents by the end of 2012, but according to data released through the New York State Office of Information Technology Services, only half of New York City’s 3.4 million housing units had access to fiber broadband services at year’s end—putting the company far behind schedule. Brooklyn and the Bronx lagged furthest behind, with only 40 percent and 46 percent of household having access to fiber, respectively.

de Blasio

Verizon and the Bloomberg Administration dispute de Blasio’s findings, noting fiber upgrades often depend on surrounding infrastructure. Where overhead wiring predominates, Verizon FiOS is available nearly everywhere in New York City. In other areas, Verizon says it is meeting its obligations and points to landlord impediments for slowing down FiOS expansion.

But de Blasio’s maps of FiOS availability do depict a pattern of preference for FiOS service in areas where higher income residents live. In areas where average annual income is below $20,000 annually, there are obvious service gaps. Neighborhoods like Washington Heights, High Bridge, Astoria, Woodside, Bedford-Stuyvesant and Bushwick have been largely excluded from FiOS to date, according to de Blasio.

Verizon’s franchise agreement with the city only requires the company to make service available to buildings, not necessarily within them. A landlord can delay Verizon’s entry into a building or the company could choose to prioritize some buildings over others for service.

With large sections of New York covered by multiple dwelling units like apartments and condos, some could find themselves without FiOS service for several years, particularly if a property owner decides to make life difficult for the phone company.

Among the latest who have:

On May 24, Verizon notified the PSC the following property owners had complied with their request to conduct a site survey inside their buildings and were requested to be dropped from the list republished above:

• Sama Los Tres LLC – c/o Metropolitan Realty Group
• Lenoxville Associates – c/o Metropolitan Realty Group
• 2816 Roebling Avenue LLC
• East Village Gardens
• 194 Bleecker Street Owners Corp.
• US Manhattan II Housing Corp.
• 40 Renwick Street LLC

Time Warner Cable has laid the foundation to eventually begin charging broadband customers usage-based pricing, raise the modem rental fee originally introduced last fall, and continue to offer customers unlimited broadband service if they are prepared to pay a new, higher price.

Time Warner Cable CEO Glenn Britt spoke at length at this week’s Bank of America/Merrill Lynch Global Telecom and Media Conference in London about how Time Warner Cable intends to price its broadband service going forward. The moderator peppered Britt with questions as investors looked on from the audience about if and when the cable company can raise prices for its broadband service or start a usage pricing plan that will generate higher revenues based on metering customer usage.

Britt

Britt repeated his earlier assertions that Time Warner Cable has no interest in capping customer usage. In fact, the company sees fatter profits from increased usage, as long as customers are willing to pay for it.

For the first time, Britt admitted customers seeking unlimited service should be ready to pay a higher cost for that option, telling the audience Time Warner would set a premium price on the unlimited tier and offer discounts to customers seeking downgrades to comparatively cheaper, usage-based pricing plans. The company hopes this new approach will limit political opposition and customer push-back.

Britt also said there is room to grow Time Warner Cable’s monthly modem rental fee ($3.95 a month), comparing it against Comcast’s current rental fee, which is $7 a month.

Britt complained that increasing usage and demand for broadband speed was requiring the company to invest more in its broadband service, something not clear on the company’s quarterly balance sheets. Real investment, except for expansion by the business/commercial services division, has been largely flat or in decline for several years. Time Warner Cable’s broadband prices have increased over the same period.

Britt also admitted that the costs to offer the service remain comparatively minor.

“In broadband there are the costs of connectivity and peering and all that sort of stuff, but they are pretty minor compared with (video) programming costs so it appears that broadband is usually profitable versus video.”

Britt also admitted the cable industry in general is increasingly dependent on broadband revenue and the profits it generates to shore up margin pressure on the industry’s formerly lucrative video service. As programming costs increase, pressure on profits increase. Yet the cable industry remains profitable, primarily because broadband earnings are making up the difference.

The meter is lurking

“I think if you look at the U.S. cable companies the EBITDA margins have been remarkably stable over a long time period,” Britt said. “The mix has [recently] changed. The video gross margin is getting squeezed, the broadband gross margin is larger and we are growing broadband so that is helping. The voice gross margin is higher than video and a little less than broadband and until recently that has been a growing part. And then we have business services which are growing rapidly and have a high gross margin.”

Additional Quotes:

Cable Modem Equipment Rental Charge: “It was received with a minimum of push-back and we’re still actually charging less than Comcast ($7/month), so I think there is room to charge more going forward. People can buy their own if they want and a small percentage of customers have chosen to do that which is fine with us.”

Usage-Based Pricing: “In order to keep up with the demand for throughput and speed which is going up every year, we are going to have to keep investing capital which we do on a regular basis, so we are going to have to figure out how to get paid for that. I think inevitably there is going to be some usage dimension, not just speed within the package, so what we have done is to put in place pretty much throughout our footprint, with a few exceptions, the idea that you can buy the standard service that [includes] unlimited usage and that costs whatever it costs, but if you want to save $5 (and that is the first thing we put in place) you can agree to a consumption limit, and we can start expanding on that.”

“I think the key to this — there has been push-back against caps in the past — I think the reason for the push-back is it was perceived in a sort of punitive, coercive fashion. The usual rhetoric is, ‘gee 20 percent of the people use 80 percent of the bandwidth or some number like that — we need to make them stop using so much.'”

“My feeling is we actually want everybody to use more, we want to invest the capital, we just want to get paid for it. So I think we should always have an unlimited offering and that should probably cost more than it costs today as the usage goes up and then people who don’t use as much should have the opportunity to save money. They don’t have to but they can, so I think that is a much more politically and consumer-acceptable way to do it than a sort of punitive thing people talk about.”

Cablevision will maintain unlimited Optimum Online broadband service to all of its customers and will not introduce usage-based pricing, according to Gregg Seibert, chief financial officer.

“I don’t see usage-based billing as something that we have plans for at this time,” Seibert told investors attending this week’s Bank of America/Merrill Lynch Global Telecom and Media Conference in London. “I think it would take a broader industry shift for that type of metered pricing to come in. At this point we don’t see that in the future.”

Cablevision has a long history opposing usage pricing or caps. In 2009, Jim Blackley, Cablevision’s senior vice president of corporate engineering and technology, said usage caps were not in the cable company’s plans:

“We don’t want customers to think about byte caps so that’s not on our horizon,” he said. “We literally don’t want consumers to think about how they’re consuming high-speed services. It’s a pretty powerful drug and we want people to use more and more of it.”

Cablevision’s announcement may also be in response to its biggest competitor. Verizon earlier this year repeated it had no plans for usage-based pricing for FiOS customers either.

Cablevision continues to attract new broadband customers, primarily from customers canceling DSL service but not moving to FiOS.

Time Warner Cable CEO Glenn Britt considers value conscious customers a nuisance, so much so the company has changed its promotions to make them less attractive to ‘big bang for the buck’-discount hunters.

Speaking at the Bank of America/Merrill Lynch Global Telecom & Media Conference in London, Britt said the company had to beef up its in-house customer retention specialists to try and keep frugal customers who signed up for aggressive triple-play promotions in the last two years that the company now wants to reset to a higher price.

“It’s easy to generate a lot more customers by being very aggressive on price,” Britt said. “It isn’t clear that those customers are profitable. They tend to be lower income — people who tend to rent as opposed to own their dwelling unit. They move a lot and sometimes they don’t pay very well. The real trick is to create the optimum profitability.”

“Going back to fourth quarter of 2011, we pushed too hard on volume and we had very aggressive offers in the marketplace,” Britt explained. “These typically stepped up in price after a year and we kept those offers in place through most of 2012. So we got a lot of customers – particularly voice customers. That seemed good at the time. What we found is as we try to step them up to higher prices, that they are not very sticky. They have worse/bad pay characteristics than our average customers. So that’s all been a problem. Quite frankly we did not prepare our retention centers for the volume of people who are in this. We’ve changed our offers so they are less rich and we’ve stood up and enhanced our retention centers.”

As a result of the changes, Time Warner Cable lost more voice customers than it gained for the first time. That does not bother Britt, who sees selling faster broadband to customers more profitable than discounting phone service to keep phone customer numbers up.

Britt: The Sale is Over

Chief operating officer Rob Marcus told investors this week the company was hiring more in-house customer service representatives in the retention department to keep customers from defecting after their promotional price expires. Time Warner used to outsource many of those last-ditch retention calls, but has now staffed at least 500 new customer service representatives in four retention centers around the country. At least 400 additional hires are expected by the end of the year.

“What that enables us to do is route a greater portion of calls from customers likely to disconnect to these specialists, as opposed to sending them to either our care queue or outsourced reps who we think are less effective at handling those kinds of calls,” Marcus said.

Britt said the biggest segment of customers threatening to disconnect are TV customers who can no longer afford the cable package due to increasing programming costs. Britt does not believe online video cord-cutting is a major threat.

We know what you are watching.

AT&T’s efforts to expand its U-verse platform to more communities is all about improving AT&T’s growing revenues in the broadband business and further monetizing customers’ broadband usage.

Those are the views of Jeff Weber, AT&T’s president of content and advertising sales. Appearing at last week’s Nomura Global Media Summit Conference, Weber also admitted AT&T is using viewer data collected from U-verse TV set-top boxes to help decide what networks to carry and which can be dropped because of lack of viewership.

Weber appeared at the conference to talk about the implications of Project Velocity IP — AT&T’s investment in expanding its U-verse platform and its proposal to transition rural landline customers to AT&T’s wireless service.

AT&T claims when the project is complete, two-thirds of its landline customers will have access to U-verse, and 99 percent of AT&T’s wireline service areas will be covered by AT&T’s mobile network.

Weber’s job primarily focuses on AT&T’s U-verse TV service — dealing with all the networks on the lineup and selling advertising time.

Although television programming is an important revenue generator for AT&T, broadband revenue is the real focus behind AT&T’s U-verse expansion.

“At the core, it is about improving the fundamental broadband business, extending our footprints to be able to cover more of our customers,” Weber said. “Because our core belief is that the broadband business is [going to be] a very good business for a long time.”

Weber

One way AT&T can further increase revenue is to limit broadband usage and charge overlimit fees for customers who exceed their monthly allowance. AT&T currently limits DSL customers to 150GB of usage per month, 250GB for U-verse broadband. The overlimit fee is $10 for each additional 50GB of usage. At present, both the usage limits and overlimit fees are not broadly enforced in many areas.

“I think very clearly incremental broadband usage is going to drive incremental revenue,” explained Weber. “Part of that assumption is that as traffic continues to grow, you need to be able to monetize that traffic in some way, shape or form. At the end of the day, it’s a pretty efficient market and a really efficient way for customers to pay. In almost every other way the more you use, the more you pay. And I don’t think that’s a radical notion and I suspect that’s a kind of thing we’ll see.”

AT&T already earns $170 a month in average revenue per U-verse customer, mostly from package sales of telephone, broadband, and television service.

Television programming content continues to be a major and growing expense for AT&T, eating into profits. Weber complained programming costs are “too high” and limit AT&T from asking subscribers to pay more when rate increases are contemplated.

Instead, AT&T is increasingly playing hardball with programmers, refusing to pay growing programming costs for certain networks and dropping others that do not have many viewers.

How does AT&T know what channels its customers are watching? The company tracks viewing habits with U-verse TV set-top boxes, which automatically report back to AT&T what channels and programs customers are watching.

“Everybody is facing [profit] margin pressure as content costs go up but the question is how will customers react to higher prices as content costs go up,” Weber said. “Everybody is having to make tough decisions and we’ve been able to use that data and make very smart decisions for our customers.”

As an example, Weber noted AT&T uses real viewer numbers during contract negotiations, suggesting that lower-rated networks deserve a lower rate. If a programmer refuses, AT&T can successfully drop a little-watched network without significant customer backlash.

Weber said the numbers are even more valuable when negotiating carriage fees for expensive regional sports networks. Weber said in one city, AT&T decided to not carry a regional network because it found the majority of customers never watched many of the sports teams featured.

Comcast’s Sportsnet for Houston is not available to some U-verse subscribers because AT&T determined the audience for the sports teams on the network was too small.

“We looked at how many of our customers watched zero of those games, one, two, all the way through 150 games for baseball and 80 games for the basketball team that we’re talking about,” Weber said, noting that if a particular viewer watched 30 or more games, AT&T considered that customer a passionate viewer likely to cancel service if the channel was dropped from the lineup.

“It was very clear the viewership intensity in that particular market was low and we didn’t need to pay the rates that were being asked and we’re not,” Weber said, calling the tracking a “perfect insight” into programming costs vs. viewership value.

AT&T also made it clear if programmers went around the company to sell channels direct to consumers over the Internet, AT&T would bring significant pressure for a wholesale rate cut, which some programmers might see as a deterrent to offering online viewing alternatives.

“If they’re going to [stream their programming online], then that’s a very different conversation and a very different value for our customer,” Weber said. “That’s a choice the content providers can make. We’re totally OK with that, but exclusivity versus non-exclusivity has materially different value for our customers, and I think we would want that reflected,” he added.

Monitoring customer viewing habits also helps AT&T earn more revenue by selling targeted commercial messages to specific viewing audiences.

“If an advertiser wanted to buy The Ellen DeGeneres Show, we know based on our data who that audience is,” Weber said. “We can go find that same audience outside of Ellen and maybe extend reach or drive [the ad] price a bit [higher]. We can also go find that same audience online or on your mobile phone.”