With an estimated 90,000 New Yorkers stranded without broadband service, a proposal from Charter Communications to block funding for future projects is coming under fire from a bipartisan group of rural legislators.

Charter, which does business as Spectrum, filed a request with the Federal Communications Commission to exclude certain census blocks for funding under the agency’s new $20.4 billion Rural Digital Opportunity Fund (RDOF). The cable company claims it intends to privately fund expansion of internet service in those areas, and does not welcome government-subsidized competition.

“Good cause plainly exists to grant the waiver to avoid overbuilding areas in which Charter has already begun the process of deploying service and is investing private capital well in excess of $600 million,” company officials wrote. “This will ensure scarce universal service support is deployed to close the gap/digital divide in actually unserved areas. The commission has previously granted rule waivers where, as here, the purposes of the rule would be disserved by its strict application, and where waiver would affirmatively serve the public interest.”

Many of the rural homes Charter claims it intends to serve have been waiting for internet access for well over a decade. Many were hopeful that wait would end shortly after the cable company agreed to expand service to an additional 145,000 rural New York households as part of an agreement with state regulators approving its merger with Time Warner Cable. But a March 2020 audit conducted by the Comptroller of New York found Charter was not meeting its commitments:

“[…] It has been over three years since the merger was approved. Network expansion should have already been provided to approximately 126,875 unserved or underserved premises based on the 2016 Commission Order approving the merger. As of July 2019, Charter had only extended its network to 64,827 premises. Based on the original Order, 62,048 additional customers should have received access to these services. Charter now has until September 2021 to complete the network expansion of 145,000 premises previously scheduled to be completed by May 2020.”

Barrett

Some New York legislators believe Charter is out of line asking the FCC to exclude funding for other rural broadband projects while taking its time meeting its own commitments.

“Charter’s waiver request is simply self-serving and will in no way benefit the residents of upstate New York who, even in the year 2020, are struggling to access adequate broadband by any provider,” Rep. Didi Barrett (D-Hudson) wrote in a letter to the FCC. “Charter’s petition is a blatant attempt to reduce competition and leave consumers with no choice but to wait around for Charter to finish a job that should already be complete. In Upstate New York, tens of thousands of residents and businesses are still waiting for internet service because of Charter’s years-long effort to renege on their obligations to New York State and the people who live in rural communities. We must continue to call Charter out until every household and business is served as planned under their agreement with New York State.”

Republican congresswoman Elise Stefanik from Schuylerville agrees with many of Barrett’s views, blasting Spectrum for seriously delaying its rural rollout commitments. Stefanik worked with FCC Chairman Ajit Pai to change the qualification requirements for the RDOF program, which originally would have excluded New York from receiving funding. If the FCC adopts Charter’s request, it would block much of her district from receiving broadband funds, either because Charter previously indicated it would (eventually) offer service or because the state previously supplied broadband subsidies, which would also seem to disqualify RDOF grants.

“I have heard directly from constituents and local elected officials that this decision would have a severe impact on their ability to gain rural broadband access, which is essential, especially during this time of crisis,” Stefanik said. “Charter’s request would exclude parts of the North Country from this critical federal funding, and I will work with my upstate colleagues and the FCC to keep it available.”

WNYT in Albany reports rural New York communities like Stillwater have waited years for Charter Spectrum to provide broadband service. The addresses Spectrum grudgingly will serve in the area are routinely quoted installation fees starting at $8,000. (2:16)

Frontier provides service to all but around a half dozen communities in West Virginia.

A comprehensive independent audit of Frontier Communications operations in West Virginia found the phone company is not keeping up with network maintenance, causing increased service problems for the company’s customers.

The significantly redacted 164-page report produced by Schumaker and Company found plenty of room for improvement for Frontier’s landline and broadband services.

The report was commissioned under order by the West Virginia Public Service Commission after the regulator received almost 2,000 customer complaints about Frontier’s service. The PSC’s demand for an audit also received the support of over 700 Frontier customers in the state.

Despite several redactions, the report offers clues about the quality of Frontier’s infrastructure for landline and internet services in West Virginia.

Frontier provides service for all but a half dozen localities in the state. Because of West Virginia’s mountainous topology, significant portions of the state do not receive adequate cellular service, making wired landlines still an essential safety tool in some areas. Despite that, Frontier’s relatively poor performance has driven away a significant number of its customers. Some subscribe to cable phone service, but most now depend on cell phones.

A Frontier crossbox in use in West Virginia.

The PSC allowed Frontier to offer a redacted public version of the auditor’s report after Frontier cited confidential business information and the Commission’s lack of regulatory oversight over the company’s DSL internet service. The redactions were substantial, blotting out significant information such as the age of Frontier’s network and equipment in different corners of the state, the condition of the company’s large number of utility poles, outage statistics, budgeting and investment numbers, repair programs, and basic information about the company’s employees and its broadband service offerings. The PSC staff filed its own recommendation that such redactions be rejected, noting Frontier is the unique carrier of last resort in West Virginia, with no competitor likely to attempt similar service. Staff members also claimed the telecom industry would find data specific to West Virginia not very useful elsewhere.

Despite the redactions, it is easy to deduce Frontier has a significant problem. Its copper landline network is gradually succumbing to a lack of regular maintenance, which can cause prolonged service degradation and outages. The audit specifically cites Frontier’s growing challenges dealing with a copper wire network that has been on utility poles for decades. Some wiring is likely to have been installed during the Johnson or Nixon Administration. The audit found that previous owner Verizon embarked on two significant copper line replacement programs, one in 1974 and the other in 1983 — 46 and 37 years ago, respectively. No large scale replacements have been undertaken since.

Phone companies like Frontier have been losing landline customers for years. The audit estimated that “more than half (57%) of American homes only have wireless communications. The displacement is even more pronounced when viewed through the prism of demographics. Over three quarters (76.5%) of young adults (aged 25-34) live in homes with only wireless connections.” In 2018, Frontier told the PSC 37 percent of its access lines were permanently disconnected between 2010 and 2017, bringing the number of customers down from 613,443 to 385,832. A 2017 Center for Health Statistics study found that roughly 53 percent of all West Virginia adults use wireless services exclusively, while another 10 percent use wireless services most of the time, with almost 22 percent of West Virginia adults still using landline services exclusively or most of the time. Frontier holds on to a larger percentage of customers than that with the sale of its rural DSL internet service.

Frontier heavily redacted the independent audit about its performance.

Frontier’s largest service problems result from its indefinite reliance on splicing damaged or degraded line pairs servicing individual customers. With fewer customers, the company has more choices of alternative line pairs it can use to restore service for customers affected by service interruptions. The audit found many line splices were decades old and often were responsible for eventual larger scale service outages, especially when repairs were inadequately completed exposing the entire cable to the elements. The audit also found no formal tree trimming operation was in place at the company, which meant trees inevitably overgrew into the company’s lines. In storms, trees can disrupt service by blowing into cables or even tearing wires off utility poles. The report also noted that technicians often drove around and spotted network defects and other problems likely to eventually cause service outages, but there was no formal reporting and mitigation strategy, which often left repairs delayed for months or years.

Frontier is also facing a talent flight, as network engineers that have serviced the lines since they were operated by Verizon are preparing to retire in large numbers. That could create even greater problems as inexperienced new technicians unfamiliar with the state of Frontier’s network gradually replace them.

Despite these problems, the auditors found Frontier was still earning a healthy amount of revenue in West Virginia. Oddly, that assertion was hotly disputed by Frontier itself, claiming that conclusion was “flatly wrong” and it had been losing money in the state every year since 2012.

“The auditors did not properly account for pensions, post-employment healthcare, and other benefits paid by Frontier nor for interest costs on the money Frontier borrowed to invest in West Virginia,” wrote Allison Ellis, Frontier’s senior vice president of regulatory affairs. “When those expenses are taken into account, it is clear that Frontier has invested more in the state than it has recouped.”

Auditors recommend that Frontier establish a more robust network engineering effort, aggressively repairing line issues before they become apparent to customers and improving its reporting systems to track service problems from start to finish. It also recommended increasing the amount of fiber in the network to reduce service issues and maintenance expenses and allow for better internet speeds. Finally, it recommends customers receive additional compensation for repeated service outages.

Frontier Communications has revealed to investors what many probably realized long ago — the independent phone company chronically underinvested in network upgrades and repairs for years, giving customers an excuse to switch providers.

Remarkably, the phone company did not just underperform for its remaining voice and DSL internet customers. In a sprawling confidential “Presentation to Unsecured Bondholders” report produced by Frontier’s top executives, the company admits it was even unable to achieve significant growth in its fiber territories, where Frontier-acquired high-speed FiOS and U-verse fiber networks held out a promise to deliver urgently needed revenue.

Frontier’s bondholders were told the company’s ongoing losses and poor overall performance were unsustainable, despite years of executive “happy talk” about Frontier’s various rescue and upgrade plans. In sobering language, Frontier admitted its capital structure and efforts to deleverage the company’s massive debts were likely to cut the company off from future borrowing opportunities and deter future investment.

The presentation found multiple points of weakness in Frontier’s current business plan:

Voice landline service remains in perpetual decline. Like other companies, Frontier’s residential landline customers left first, but now business customers are also increasingly disconnecting traditional phone service.

About 51% of Frontier’s revenue comes from its residential customers. That number has been declining about 5% annually, year over year as customers leave. Frontier’s internet products are now crucial to the company’s ability to stay in business. Less than 30% of Frontier’s revenue comes from selling home phone lines. For Frontier to remain viable, the company must attract and keep internet customers. For the last several years, it has failed to do either.

Frontier customers are disconnecting the company’s low-speed DSL service in growing numbers, usually leaving for its biggest residential competitor: Charter Spectrum. Frontier remains saddled with a massive and rapidly deteriorating copper wire network. The company disclosed that 79% of its footprint is still served with copper-based DSL. Only 21% of Frontier’s service area is served by fiber optics, after more than a decade of promised upgrades. Frontier’s own numbers prove that where the company still relies on selling DSL, it is losing ground fast. Only its fiber service areas stand a chance. Just consider these numbers:

• Out of 11 million homes in Frontier’s DSL service area, only 1.5 million customers subscribe. That’s a market share of just 13 percent, and that number declines every quarter.
• Where Frontier customers can sign up for fiber to the home service, 1.2 million customers have done so, delivering Frontier a respectable 40 percent market share.

Frontier has been promising DSL speed upgrades for over a decade, but the company’s own numbers show a consistent failure to deliver speeds that can meet the FCC’s definition of “broadband,” currently 25 Mbps.

At least 30% of Frontier DSL customers receive between 0-12 Mbps download speed. Another 35% receive between 13-24 Mbps. Only 6% of Frontier customers get the “fast” DSL capable of exceeding 24 Mbps that is touted repeatedly by Frontier executives on quarterly conference calls.

Despite the obvious case for fiber to the home service, Frontier systematically “under-invested in fiber upgrades” in copper service areas at the same time consumers were upgrading broadband to acquire more download speed. Frontier’s report discloses that nearly 40% of consumers in its service area subscribe to internet plans offering 100 Mbps or faster service. Another 40% subscribe to plans offering 25-100 Mbps. In copper service areas, Frontier is speed-competitive in just 6% of its footprint. That leaves most speed-craving customers with only one path to faster speed: switching to another provider, typically the local cable company.

So why would a company like Frontier not immediately hit the upgrade button and start a massive copper retirement-fiber upgrade plan to keep the company in the black? In short, Frontier has survived chronic underinvestment because of a lack of broadband competition. Nearly two million Frontier customers have only one choice for internet access: Frontier. For another 11.3 million, there is only one other choice – a cable company that many detest. Frontier has enjoyed its broadband monopoly/duopoly for at least two decades. So long as its customers have fewer options, Frontier is under less pressure to invest in upgrades.

For years Frontier’s stock was primarily known for its generous dividend payouts to shareholders — money that could have been spent on network upgrades. But what hurt Frontier even more was an aggressive merger and acquisition strategy that acquired castoff landline customers from Verizon and AT&T in several states. In its most recent multi-billion dollar acquisition of Verizon customers in California, Texas, and Florida, Frontier did not achieve the desired financial results after alienating customers with persistent service and billing problems. The longer term legacy of these acquisitions is a huge amount of unpaid debt.

Frontier’s notorious customer service problems are now legendary. Frontier’s new CEO Bernie Han promises that customer service improvements are among his top four priorities. Improving the morale of employees that have been forced to disappoint customers on an ongoing basis is another.

Frontier executives are proposing to fix the company by deleveraging the company’s debt and restructuring it, freeing up capital that can be spent on long overdue network upgrades. Executives claim the first priority will be to scrap more of Frontier’s copper wire network in favor of fiber upgrades. That would be measurable progress for Frontier, which has traditionally relied on acquiring fiber networks from other companies instead of building their own.

But the company will also continue to benefit from a chronic lack of competition and Wall Street’s inherent dislike of large capital spending projects. The proposal does not come close to advocating the scrapping of all of Frontier’s copper service in favor of fiber. In fact, a rebooted Frontier would only incrementally spend $1.4 billion on fiber upgrades until 2024, $1.9 billion in all over the next decade. That would bring fiber to only three million additional Frontier customers, those the company is confident would bring the highest revenue returns. The remaining eight million copper customers would be stuck relying on Frontier’s existing DSL or potentially be sold off to another company.

Frontier seems more attracted to the prospect of introducing or upgrading service to approximately one million unserved or underserved rural customers where it can leverage broadband subsidy funding from the U.S. government. To quote from the presentation: Frontier plans to “invest in areas that are most appropriate and profitable and limit or cease investments in areas that are not.”

Another chronic problem for Frontier’s current business is its cable TV product, sold to fiber customers.

“High content/acquisition costs have made adding new customers to the Company’s video product no longer a profitable exercise,” the company presentation admits. If the company cannot raise prices on its video packages or successfully renegotiate expensive video contracts to a lower price, customers can expect a slimmed down video package, likely dispensing with regional sports networks and other high cost channels. Frontier may even eventually scrap its video packages altogether.

To successfully achieve its goals, Frontier is likely to put itself into Chapter 11 bankruptcy reorganization no later than April 14, 2020. The company’s earlier plans may have been impacted by the current economic crisis caused by the coronavirus pandemic, so the exact date of a bankruptcy declaration is not yet known.

CableLabs unveiled the final DOCSIS 4.0 specification today, dramatically improving upload speeds and offering the potential of much faster internet service from cable operators in the next few years.

DOCSIS 4.0 will support downstream speeds as fast as 10,000 Mbps and upload speed as fast as 6,000 Mbps, finally bringing faster upstream speed to cable company-provided internet. The new standard raises maximum speeds by opening up “extended spectrum” on the coaxial cable coming into your home. By dedicating additional frequencies for data services, cable companies can raise both speed and capacity.

Consumers have been asking for faster upload speeds to support streaming live video, cloud backup services, and a growing number of in-home devices sharing a single internet connection. For years, cable providers have only been able to provide a small fraction of upstream speed in comparison to download speed. That distinction will largely be erased as DOCSIS 4.0 gets deployed over the next few years. Providers are likely to raise upload speeds on existing speed tiers and offer consumers symmetrical download and upload speed for gigabit connections. The increased speed will also likely make cable broadband more attractive to business customers.

The new standard will also decrease network latency, crucial for some online applications. It will also feature more robust security and higher reliability by identifying potential network problems before they become apparent to customers.

Consumers may see DOCSIS 4.0 modems and service available within the next two years.

As a result of the coronavirus pandemic, Charter Communications has expanded the scope of its 60-day free internet/Wi-Fi offer to now also include educators that currently lack Spectrum broadband service. The offer also remains available to all homes with school-age children who are not currently Spectrum internet customers.

The expanded offer is now available to all K-12 grade teachers and university and college professors who live within Spectrum’s footprint.

To take advantage, contact Spectrum at 1-844-488-8395. A self-install kit will be either mailed or made available at a nearby cable store shortly after your order is placed. Customers can expect 100 or 200 Mbps download speed, depending on the service area. After 60 days, normal rates apply.