Hawaiian non-profit customers of Time Warner Cable are receiving letters warning the cable company is terminating its discount program for charitable and community groups that could result in rates more than doubling for some customers.

Oceanic Time Warner Cable had provided free or heavily discounted cable or Internet service to qualifying organizations. Those discounts are ending, explains a letter obtained by Pacific Business News.

Time Warner Cable has adopted new policies regarding discounted or free service in light of IRS regulations that require 1099 forms to formalize the value of discounts or forgiven cable bills. The cable company is using the occasion to review its discount programs – ending some while tightening requirements for others.

“If we do not receive a reply from you within 30 days of this notice to update your account, it will be necessary for us to disconnect your existing services,” the letter explained.

Becky Dunning, managing director for the non-profit Honolulu Theatre for Youth called Time Warner to learn what “update your account” meant.

“The biggest thing is that when I called the number I was told that they aren’t offering discounted rates to nonprofits anymore, and that we’d have to pay their existing business rates; for our organization that means we would go from paying $106 a month to $227, which is a big difference — more than double,” Dunning said. “We can’t exist without Internet service.”

Dunning said the group would probably stay with Time Warner and attempt to make up the difference from somewhere in the organization’s budget.

Time Warner Cable’s approval of its request to offer regulated “digital phone” service in New York has been quickly followed by an appeal for deregulation to loosen rules covering disconnection for non-payment and reduced service quality standards.

The cable operator now qualifies — as a designated Eligible Telecommunications Carrier (ETC) — for significant federal and state subsidies in return for providing discounted Lifeline telephone service for the state’s poorest residents.

The cable industry has traditionally escaped regulation and oversight with claims “digital phone” Voice over IP (VoIP) products are “unregulated information services.”

In March, the New York Public Service Commission approved a petition filed by subsidiary Time Warner Cable Information Services (NY) LLP (TWCIS-NY), to begin offering regulated telephone service to the company’s 1,235,710 phone customers in New York.

As a result, Time Warner agreed to a range of oversight and service standard requirements. But on May 1 — less than two months later — Time Warner filed a new petition with the PSC requesting deregulation and exemption from several provisions the company initially agreed to follow.

“Now that it is concededly a regulated telephone service provider, Time Warner is acting like other regulated phone companies, in that it immediately is seeking to relax the rules designed to protect customers,” writes Gerry Norlander from the Public Utility Law Project of New York (PULP), a consumer protection group.

Not so, says the cable company.

“In order to offer the best telecommunications service to its customers and expand this customer base, TWCIS-NY respectfully requests that the Commission grant the waivers discussed in this Petition,” the company writes.

The changes Time Warner requests would make it easier for the cable company to disconnect service for late or non-payment, allow Time Warner to avoid distributing unwanted paper telephone directories, and escape oversight of its phone service for all but the most critical “core” customers with special needs.

Your Partial Payment Will Not Necessarily Prevent Us From Cutting Off Your Phone Line

The Telephone Fair Practices Act (TFPA), prohibits regulated phone companies from shutting off phone service for late/non-payment outside of normal business hours, Fridays after 1pm, weekends, and holidays:

(d) Suspension or termination of service–time. A telephone corporation complying with the conditions set forth in this section may suspend or terminate service to a residential customer for nonpayment of bills only between the hours of 8 a.m. and 7:30 p.m., Monday through Thursday, and between 8:00 a.m. and 3:00 p.m. on Friday, provided such day or the following day is not:
(1) a public holiday, as defined in the General Construction Law;
(2) a day on which the main business office of the telephone corporation is closed for business; or
(3) during the periods of December 23rd through December 26th and December 30th through January 2nd.

Time Warner Cable claims those limitations are too much, and “for its customers’ convenience, TWCIS-NY respectfully requests […] to extend these hours.”

If approved, Time Warner claims it will make your life easier if they can cut you off at their convenience — between the hours of 8:00am and 9:00pm, Monday through Friday, and between 8:00am and 5:00pm on Saturday.

Those times coincidentally match the hours technicians are now dispatched to collect equipment and shut off service for deadbeat customers.

Time Warner says people are often busy or not at home during the day and it would make more sense to coordinate the surrender of service when people are available to hand over equipment. Unfortunately, Time Warner’s preferred hours often fall outside of the calling hours at the Public Service Commission, which maintains a ‘last resort hotline’ for customers about to have their service disconnected.

‘Time Warner Cable Punishes Late Payers With Telephone Service Suspensions and Terminations on a “Massive” Scale’

Unlike cable television and broadband, New York designates telephone service as an essential utility, and regulators take every step to maintain service wherever possible.

Under rules originally adopted when consumers chose both a local and long distance phone company that put all of your charges on a single monthly invoice, regulators sought to protect landline service when customers did not pay the full amount due. Under those rules, partial payments are allocated first to past due charges from the local phone company, then past due charges for regional long distance or local calling, then charges billed by your long distance carrier, and then everything else.

Since your local phone company has the power to cut off your dial tone for late payment, making sure they were first in line to get paid usually kept your phone line working.

“It Appears that Time Warner Has Increased its Reliance Upon Telephone Service Suspensions and Terminations as a Tool to Enforce Customer Payment Obligations.”

According to data provided by Time Warner Cable in response to PULP information requests, during the month of March, 2012 Time Warner Cable sent 68,134 shutoff notices to Time Warner phone customers in New York. The threats worked for the majority of those customers. Only 17,218 were eventually disconnected after the shutoff deadline passed.

Since then, shutoffs and suspensions have soared. By July 2013, Time Warner mailed 146,026 shutoff notices and followed through with 42,777 disconnects, increases of 114% and 148%, respectively.

“As a consequence, interruption of phone service for bill collection purposes has reached massive proportion,” says PULP. “It appears that Time Warner has increased its reliance upon telephone service suspensions and terminations as a tool to enforce customer payment obligations. In the 12 months ending July 2013, Time Warner terminated or suspended telephone service on 592,250 occasions for bill collection purposes. Of that number, telephone service was reinstated after an interruption for collection purposes on 461,268 occasions. Thus, 130,982 or 22% of the customers terminated were not promptly reinstated.”

Those figures concern PULP because it suggests many disconnected customers are now without phone service, swelling the “unacceptably large number of New York households lacking telephone service.”

New York now ranks fourth from the bottom of all states in the most recent FCC Universal Services Monitoring Report of telephone subscribers.

Verizon’s Request to “Streamline” the Payment Process Gives Time Warner Cable the Same Idea

In 2010, Verizon New York successfully petitioned the PSC to streamline that payment allocation system. Few people bother with choosing a long distance carrier these days because most phone companies now offer unlimited long distance as part of a bundled service package. Verizon asked to simplify things so that Verizon New York got paid first and everything else came second.

Time Warner is seeking a variation on that same theme, requesting the PSC allow it to allocate partial payments first to telephone service, with the rest distributed to cover charges for broadband and cable television service.

While that is good news for your Time Warner phone line, it is bad news for your broadband and television service which can still be interrupted for non-payment because your partial payment was applied to phone service above all else.

Customers are unlikely to be aware of this, however. Time Warner Cable bills include a regular notice that if a customer is in arrears for any Time Warner Cable service, telephone service may be shut off.

PULP argues the cable company should let customers decide which services are most important to keep up and running during an emergency.

“For example, a customer might want to jettison cable TV and keep the Internet on to hunt for jobs during a spell of unemployment or other household financial crisis,” writes Norlander. “While the bills include separate items for cable TV, broadband, and telephone services, there is no information given in the bills on how customers can, if they are in arrears, keep the service they pay for with a partial payment.”

Indeed, there is no provision on Time Warner’s website or on its paper bill payment coupon to allocate which services a customer wishes their partial payment to be applied to first.

Time Warner Cable argues it gives late paying customers every opportunity to either make up past due payments or negotiate a payment plan before any service is interrupted.

“Customers have the opportunity to walk into the local [cable] office and make a payment during these extended hours,” Time Warner argues. “They also have the opportunity to pay online and over the phone 24 hours a day, as well as paying cable representatives directly when they arrive at the customer’s premises to disconnect service. TWCIS-NY believes that streamlining of the rules for disconnection of phone and cable services will make the Commission’s rules more consistent across the board and less confusing for customers.”

We Shouldn’t Have to Provide Printed Residential Phone Books We Didn’t Offer Anyway

Time Warner Cable wants to opt out from distributing printed copies of residential telephone directories it doesn’t publish.

When the company provided unregulated telephone service, it never had to offer customers a phone book. But in its new life as a regulated provider, New York requires phone companies to offer, upon request, a printed telephone directory:

Each service provider shall distribute at no charge to its customers within a local exchange area, a copy of the local exchange directory for that area, and one additional copy shall be provided for each working telephone number upon request. A copy shall be filed with the Commission.

Nobody has formally opposed Time Warner Cable’s proposed alternative: distributing residential listings only to customers who specifically request them in print or on CD-ROM.

Most customers don’t realize Time Warner Cable used to outsource most of its telephone service operation to Sprint. In addition to providing VoIP service, Sprint relied on dominant local telephone companies to provide phone books to Time Warner phone customers. In return, Sprint passed along customers’ names, addresses and phone numbers to phone companies like AT&T, Verizon, Frontier, CenturyLink and Windstream to be incorporated into those directories.

In 2010, Time Warner announced a four-year transition project to take its telephone service “in-house.”

Will All of This Competition, Oversight Rules Should Be Relaxed; If Customers Don’t Like Us, They Can Go Somewhere Else

Virtually every telephone company in New York agrees with the assessment Verizon has made for years — if a phone company does not provide excellent service, subscribers will simply switch to a competitor, negating the need for oversight of service quality standards.

Verizon paved the road Time Warner Cable is driving down to offer NY’ers less-regulated phone service.

The PSC agreed, reducing requirements for service outage reporting and other documented service issues. Today, Verizon only reports incidents involving “core” customers — low-income Lifeline subscribers, “special needs” customers including the elderly, those with serious medical conditions, the disabled and the visually impaired. Core customers also include those with no competitive service providers available to them.

Time Warner Cable wants a modified version of the Verizon “core customer” standard applied to its cable phone service — one that defines core customers as those with Lifeline service or special needs.

Time Warner does not want to include those without competitive alternatives and seeks an exemption from any reporting requirements until it signs up at least 5,000 accounts designated as “core customers.” That could take a while. PULP obtained records from Time Warner Cable showing as of Aug. 7 the company has only signed up 149 telephone customers it defines as “core customers.”

The cable company may be thinking of the future. Verizon Communications has made its intentions clear it wants to abandon rural landline service in favor of questionably regulated wireless Voice Link service. The idea that a cable company provides landline service in an area the local phone company no longer does is unprecedented in New York, but perhaps for not much longer.

If Time Warner Cable successfully argues “core customers” need not include those without competing alternatives, the PSC may unintentionally hand the cable operator a rural telephone monopoly without quality of service oversight in some communities.

Concern about programming costs only goes so far. While Time Warner Cable and Bright House customers continue to go without Showtime and access to CBS programming online (in addition to local station blackouts in New York, Texas and California), the two cable companies have found room in the budget to add two new expensive sports networks to their lineups.

Fox Sports 1 and 2 replaced the much-less-expensive Speed and Fuel Networks Aug. 17 on both cable systems. Fox had been getting 23¢ per subscriber each month for Speed and about 20¢ monthly for Fuel. Fox expects both cable operators to pay a monthly fee of 80¢ per subscriber for Fox Sports 1, rising quickly to $1.50 within a few years, according to Sports Business Daily. The cost of Fox Sports 2 is unknown.

Fox wants the two networks to gradually rival the most expensive network in your cable television package – ESPN. To manage that, Fox will need to engage in a bidding war with its Walt Disney-owned rival to grab the most-watched sporting events. Sports franchises love that, because they will profit handsomely from the proceeds. But both Fox and Walt Disney are bidding with cable subscribers’ money. The more sports programming costs, the higher cable bills will rise. ESPN already charges at least $5 a month per subscriber. To rival ESPN, Fox Sports may eventually have to charge as much, boosting cable bills an extra $4-5 a month for the competing sports networks.

“It’s going to be a popular channel,” said Joe Durkin, Bright House senior director of corporate communications. “It’ll be rich with sports, and we’re happy to bring it to our customers.”

Fox Sports negotiated access to more than 90 million U.S. homes through agreements with most large cable, telephone, and satellite TV distributors. Attracting them: at least 5,000 annual hours of live events and original programming including college basketball and football, joined by Major League Baseball next year. The network will also feature NASCAR, international soccer and Ultimate Fighting Championship (UFC) competitions.

Fox Sports 2 will feature mixed martial arts at the outset, with more programming coming as the network develops.

Besides the two national sports networks, Fox also owns almost two dozen regional sports channels including Prime Ticket and Fox Sports West. It also acquired a 49% stake in New York’s YES, the Yankees Entertainment and Sports Network, with an option to buy it outright later. It also recently acquired a sports channel in Cleveland.

Fox also plans to launch another entertainment cable network Sep. 2 with the debut of a companion to the FX network Fox is calling FXX.

FXX is being programmed for… you guessed it, young adults aged 18-34 — the most coveted demographic for advertisers. It will feature reruns and original programming, including Parks and Recreation, Arrested Development, How I Met Your Mother, Freaks and Geeks, Sports Night, It’s Always Sunny in Philadelphia, The League and Totally Biased with W. Kamau Bell.

You may not have asked for the new network, but chances are you are getting it anyway. Fox has signed carriage agreements with Comcast, Time Warner Cable, Charter, Verizon FiOS, AT&T U-verse, and both satellite services.

The average owner of a large home that wants an alarm system, the ability to observe everything indoors and out, and remotely control doors, thermostats and electric outlets will pay AT&T $1,740 in installation fees and a recurring monthly charge of $69.95 a month for deluxe peace of mind.

AT&T’s “Digital Life” service, available in U-verse equipped areas, is just the latest revenue-booster for the telephone company. The new service will compete directly against similar offerings from cable operators and traditional home security vendors including ADT.

AT&T can claim some superiority for its offering, because it offers water damage sensors most others don’t. That add-on can detect a basement water heater on the way out or give an early warning of a sewer backup.

AT&T’s deluxe offer — headlined above — includes the water control add-on, three indoor pan-and-scan cameras, one outdoor security camera, sensors for six windows and a variety of home automation features. For the middle class, AT&T offers less tony packages, letting customers customize features most valuable to them.

Home security and automation is a growth industry, particularly since the cable and phone companies have gotten into the act. The Boston Herald reports 90 million homes worldwide will have some form of home automation system in place by 2017.

Although home security systems have been available for years, they require separate contracts, installation, and monitoring from alarm providers most Americans are barely familiar with. The cable and phone companies hope their packages, offered as “add-ons,” will attract more customers that would not normally consider a home security system. Maintaining broadband service is also often a prerequisite for the cable/telephone company systems. As customers are already accustomed to seeing the cable or phone guy and a large, multi-product monthly telecommunications bill, adding another service like home automation and monitoring is not a big stretch.

“Offering security services in the past was basically a separate offering,” said Mitchell Christopher, vice president of technical operations at  Time Warner Cable. “Security wasn’t tied to the existing products or network. With the new products we have now, it is fully integrated into our existing network. It is just an extension of what we are doing versus a departure.”

Unlike traditional intrusion alarms, services like AT&T’s “Digital Life” promote home automation and monitoring features above basic home security.

The Herald:

A few real life-examples: Turn on the lights and unlock your front door when you see your cleaning crew arrive. Lock it behind them when they leave — no need to give them a key. Set programs that make life easier, such as one that triggers your back door to open and your kitchen lights to turn on when your garage door opens each night as you arrive home. View a log of each time your front door has opened or closed to know whether your child has kept his or her word about staying in to do homework. Simply press a button on your smartphone or tablet for “police” or “fire” in the event of an emergency. Be alerted if the service detects a water leak, smoke or carbon monoxide. And if a leak is detected, have the water supply cut automatically.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Digital Life 8-2013.flv[/flv]

AT&T produced this introductory video for its Digital Life home security and automation suite. The most basic home security packages start at $150 for equipment and $30 a month with a 2-year contract. (1 minute)

Comcast: Get a box or lose your cable TV service

Comcast will encrypt the entire lineup of its cable television service, including local channels, starting with two markets in New England and gradually rolling out this summer across all of Comcast’s service areas.

The encryption will obsolete cable reception of QAM signals, which some cable customers use to avoid paying for set-top equipment.

Comcast called FCC approval of its encryption request a victory for consumers because it will “allow us to automate certain system functions and will reduce the need for scheduled in-home appointments, providing greater convenience for our customers.” Comcast also candidly said it will dramatically reduce signal theft and unauthorized viewing by past due customers, which can now be shut off from the cable office instead of dispatching technicians to the home to disconnect service.

Consumer and Comcast customer Brier Dudley begs to differ. In two columns in the Seattle Times, Dudley writes Comcast is tightening the screws on its customers, forcing them to get unwanted equipment that will eventually cost them monthly rental fees set “at market rates.”

Comcast began requiring digital adapters to unscramble digital signals in 2009. Since then, it steadily has been converting more of its system to digital, scrambling more channels and expanding the requirement to use some kind of a cable box or adapter on every TV.

This requirement received the FCC’s blessing last year. The agency agreed to let cable companies scramble all of their channels and require descramblers on every set.

The FCC’s justification was muddled. Scrambling would purportedly prevent stealing content, though the FCC requires conventional television broadcasters to beam their shows freely over the air.

The FCC also made a tortured environmental argument for the move, saying the mandatory adapters allowed cable companies to remotely activate and deactivate service, reducing service calls and their carbon footprint.

Unmentioned is the environmental effect of factories in China making adapters that must be delivered, attached to every TV and continuously plugged in.

Comcast is attempting to mitigate customer anger about the necessary new equipment, offering free boxes for a limited time. But customers might need a road map to find what they qualify for without having to pay an even higher cable bill:

Limited Basic customers with no set top boxes in their homes will be eligible for up to two DTAs (standard definition digital signal adapters), at no charge for two years (five years if you also receive Medicaid), if they request DTAs beginning 30 days before the date of encryption and no longer than 120 days after encryption. New customers, customers who already have DTA devices or those who request them after the offer period will likely be subject to rental fees much sooner, if not immediately;

Customers who subscribe to a higher level of service and receive Limited Basic service on a secondary TV without Comcast supplied equipment are eligible for one device at no charge for one year;

All other customers are subject to Comcast’s new $1.99 per month “additional outlet service charge” for each outlet registered to a DTA. In Seattle, customers who want to watch local channels in HD have to fork over another $2.50 a month for a special HD version of Comcast’s DTA box.

What if you don’t want the extra equipment and return it? Comcast will automatically cancel your cable TV service.

“Customers who do not have digital equipment on their account will not be able to view any channels after Limited Basic channels are encrypted. For this reason, XFINITY TV service will be removed from the account,” warns Comcast. “This may affect multi-product package rates or discounts.”

The encryption will also cripple third-party set-top devices like older versions of Boxee (not compatible with Comcast’s DTA) and TiVo, which will now need a mind-numbing, complicated workaround to keep operating.

Comcast customers will receive written notification as the company gets ready to encrypt service in each area.