Big Apple Day

New York City officials are sick and tired of taking complaints about missed cable appointments and other service problems on its 311 city help line.  Nearly 1,200 calls about cable have been made so far this year alone, with fed up New Yorkers annoyed they took a day off work to wait for a cable technician that never arrived, or one who never solved the problem they were called to fix.

Now city officials are forcing the area’s two incumbent cable operators — Time Warner Cable and Cablevision, to pay for their mistakes.

As part of franchise renewal negotiations, both cable companies have agreed to credit subscribers the full amount of that month’s cable bill if the cable guy arrives late, or not at all.

The penalty decreases to $25 after 2012, when Verizon FiOS service is expected to blanket most of the city.

But consumer reforms extend beyond financial penalties for missed appointments.

Customers will soon be able to request notification by e-mail, phone or text message when a technician is heading to their home.  And calls to either cable company should be answered by a real person no more than 30 seconds after dialing.

Many of these reforms are already a part of the franchise agreement New York City’s Office of Information Technology & Telecommunications worked out with Verizon, allowing the phone company to provide cable television in the city.

Time Warner Cable spokesman Alex Dudley didn’t miss the opportunity to turn the challenging new requirements into an opportunity.  He told area reporters Time Warner welcomes the new customer service standards and appreciates the opportunity to compete for customers in the metropolitan New York area.

As Robert Porto, 38, a Time Warner Cable customer in Boerum Hill, Brooklyn, told the New York Times, the new contract will be “the ultimate revenge for the little guy.”

Importantly, none of these consumer-focused reforms would have been possible had New York adopted the kind of “reform” companies like AT&T and Verizon have advocated in other states — statewide video franchising.

Brodsky

New York’s legislature has rejected previous attempts to eliminate local cable and video franchise agreements, citing the loss of control by local municipalities to deal with provider issues that would sail over the heads of a statewide committee in Albany.  New York has been generally hostile to Big Telecom’s deregulation agenda.  One state assemblyman, Richard Brodsky (D-Westchester), even introduced a bill requiring phone companies like Verizon to split the proceeds of asset sales with ratepayers.

Other provisions of the franchise agreements include:

• The right to terminate franchise agreements with Time Warner Cable and Cablevision Systems if broadband-delivered video significantly erodes cable TV revenue over the next 10 years;
• Time Warner Cable and Cablevision are required to invest about $10 million to install Wi-Fi access in 32 public parks in all five boroughs, to be operated and maintained by the companies until 2020;
• At least five new Public, Educational and Government (PEG) community access channels will be added, up from the four that currently exist, by 2012.  At least one must be in HD.  The operators also agree to pay a combined total of more than $9 million, payable in annual installments, plus an additional $2 million of “in-kind” services to pay for equipment and operation expenses;
• More than $20 million to help finance the upgrade of CityNet, the city government-dedicated network;
• Time Warner Cable will establish four community broadband access centers per year (40 total), in collaboration with nonprofits, over life of franchise;
• Time Warner Cable will install 20 miles of fiber per year in underserved commercial/industrial areas over franchise term; and will build-out Brooklyn Navy Yard. Cablevision already serves the commercial blocks in its service areas. Companies will commit to expend $1.8 million per year to bring fiber to commercial buildings of city’s choice.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WABC New York New Yorkers could get money if cable guy stands them up 9-15-10.mp4[/flv]

WABC-TV covers the introduction of pro-consumer cable service reforms for metropolitan New York residents.  (2 minutes)

Charter's dumping ground for sneaky rate increases can be found in the Adjustments, Taxes and Fees portion of your monthly bill.

Charter Cable is literally passing the buck onto its cable TV subscribers.

Effective this October, Charter Cable customers will pay about a dollar more per month thanks to a new junk fee the company is adding to subscribers’ bills.

Federal law allows local U.S. broadcast television stations (i.e., affiliates of networks such as CBS, NBC, ABC, Fox, etc.) to negotiate with cable and satellite providers in order to obtain “consent” to carry their broadcast signals (Cable Television Consumer Protection and Competition Act of 1992).

As a direct result of local broadcast, or “network-affiliated,” TV stations increasing the rates to Charter to distribute their signals to our customers, we will be passing those charges on as a Broadcast TV Surcharge, in the Taxes and Fees section of the billing statement. These local TV signals were historically made available to Charter at no cost, or low cost. However, in recent years the prices demanded by local broadcast TV stations have necessitated that we pass these costs on to customers.

For most customers, the fee will average $0.94 per month, but in some areas it will be as high as $1.31 per month.  Charter argues the fee is not arbitrary. claiming it represents the average price the company pays – per subscriber – for local broadcast stations in the communities it serves.

Stop the Cap! contacted Charter this morning and learned the company intends to impose this new fee even on customers with Charter’s Price Guarantee Package, which is supposed to guarantee customers no change in pricing for up to two years (see notes at the end of the article for an update).  A Charter representative we contacted claimed the company will impose the fee on all customers, including those on contract, because of a clause in the terms and conditions which says, “The guaranteed price does not include the cost of installation and equipment, any applicable franchise fees, taxes or late fees, or costs for other ancillary services that you may order.”

Of course, the new fee is completely arbitrary and is neither a franchise fee or tax, nor is it for an “ancillary service.”  We predict a closer review of Charter Cable’s thinking on this matter by state regulatory agencies and Attorneys General.

Charter’s FAQ seeks to pass the blame for the new fee to the federal government and local broadcasters:

Federal law treats [cable networks and over-the-air TV stations] differently. Unlike cable TV networks, local broadcast TV stations distribute their signals over the air, using free spectrum granted to them by the federal government. In effect, taxpayers are subsidizing the distribution of broadcast TV signals. These same broadcast TV stations are then allowed by the government to charge for their signals — and if we don’t agree to pay, broadcasters can force us to drop their channels, thereby adversely impacting our customers.

“Given cable’s well-documented history of raising rates 4-6 times the annual rate of inflation, it seems rather disingenuous for them to now claim their rate hikes are coming as a result of broadcast TV stations, which provide the highest-rated entertainment and local news programming on the cable line-up,” National Association of Broadcasters Executive VP Dennis Wharton told Multichannel News in response to Charter’s move.

The new Broadcast TV Surcharge will appear in the Taxes and Fees section of your bill, joined by other junk fees Charter has invented to pass along the ordinary costs of doing business to cable subscribers while claiming they are not increasing rates:

Charter’s “It’s Someone Else’s Fault We Charge These” Junk Fees

• TV and Internet Late Payment Fee — A late fee will be assessed for past due unpaid Charter TV and Internet charges.
  
• Phone Processing Fee — This fee is assessed when Charter does not receive payment for the full balance of your phone charges.
• Regulatory Cost Fee — The cost of doing paperwork and whatever else the company deems.
• State Telephone Relay Charge — Funds a Telecommunications Relay Service for hearing impaired/speech disabled residents.
  
• Federal Communications Commission (FCC) Fee — The FCC charges an annual regulatory fee for cable operators.
  
• Franchise Fee — Local communities collect a percentage of revenue from cable operators in return for doing business in the community.
  
• Public Education and Government Channels (PEG) Fee — Many cable franchise agreements ask cable operators to help fund the operations of these channels.
  
• Public Utilities Commission (PUC) Fee — Some states ask regulated providers to defray the costs of utility commissions that oversee providers on the state level.
• County 911 Charge (9-1-1 fee) — Some counties ask telephone providers to help pay to administer emergency 911 service.
  
• Telephone Right Of Way Fee (Municipal right-of-way fee) — A fee used to compensate municipalities for the use of their rights-of-way.
• E911 Equalization Surcharge (9-1-1 equalization fee) — A fee charged in wealthier, urban areas to help subsidize the costs of 911 service provision in rural and poor areas.

(Those fees in blue represent completely optional “junk fees” that hide revenue enhancements.)

(Those charges in red are fees mandated by government entities, but traditionally deemed “the cost of doing business.”  Nobody requires these fees be billed directly to subscribers on a line-by-line basis, and most cable operators used to include them in the monthly price for service.  But in a quest for increased revenue, cable companies began breaking them out of cable package pricing, charging for them independently.  That effectively raises your total bill without changing the price of the programming package.  It’s comparable to an airline charging for your airline ticket, but then padding the price with a Seat Rental Fee, a Boarding Fee to enter and exit the plane, an FAA Cost Recovery Fee to pay the Federal Aviation Administration for its services, a Flight Plan Filing Surcharge to cover the costs of filing a flight plan, and a Control Tower Charge to defray the expense of dealing with air traffic controllers.  Snacks and soft drinks are extra.)

Charter Cable has been notifying subscribers about the new fee in mailings sent to subscribers.  The company’s argument that broadcasters and the federal government conspired to make subscribers pay more may have some merit, but nobody forced Charter Cable’s hand to add a new junk fee to customer bills.

Local broadcasters are in an enviable position because federal government rules have given them all the cards to charge whatever they want for cable carriage.  Government policy forbids most cable systems from taking their business elsewhere — perhaps to a station in a nearby city or network affiliate delivered via satellite that is willing to accept less than what local stations demand.  Network-affiliated stations need not compete for cable carriage because they can demand cable systems not go outside of the area for an alternative.

Broadcasters do not enjoy “free spectrum granted by the federal government.”  Television stations pay license fees and taxes just like other spectrum users and are mandated by the federal government to meet certain minimum programming standards and decency rules.  Unlike other private license holders, broadcasters are supposed to serve the public interest, although what exactly defines that has evolved and eroded over the years.  Cable programming is not regulated.

Charter Cable’s claim that “taxpayers are subsidizing the distribution of broadcast TV signals” is dubious at best.  Broadcast radio and television preceded the paid television industry by decades, and was created to deliver unique “local service” to communities where stations were licensed in the public interest.  Should Charter argue that broadcasters should bid for auctioned spectrum, they’d have much more to complain about when those costs are passed on in considerably higher broadcast carriage fees.

As usual, regardless of who wins the spat over local broadcast carriage fees, it’s Charter’s subscribers who will lose thanks to the higher bills that follow.  But not our readers.

If you follow our advice, you can save far more than a dollar a month.

Score a new customer promotion and save far more than Charter hoped to collect from its new Broadcast TV Surcharge.

Stop the Cap! has been in touch with several Charter subscribers who successfully argued their way to considerably lower monthly bills, often by $20 or more a month.  Here’s how you can let the bully boys argue over someone else’s money:

Gather Information

Get out a copy of your latest Charter Cable bill showing your packages, programming fees and the taxes and surcharges piled on at the end of the bill.  Then, visit DISH Network or DirecTV’s website and gather pricing information for a comparable video package using their promotional pricing for new customers.  Also visit your local phone company website for pricing for their phone and broadband services, taking note of any new customer promotional pricing and gifts.

On a sheet of paper, list the costs for Charter’s services on one side and the prices you would pay with their competitor(s) on the other and determine how much you would save with the competition.

Armed with this information, you’re now ready to sit down, call Charter, and talk business.

Sit Down And Make the Call

When you call Charter, select the option to cancel service or just say the word “cancel.”  This will transfer you to Charter’s “customer retention” department.  This group of customer service representatives have been specially trained to talk you out of dropping your service.

Explain that you are calling to cancel your Charter service after you received word of the latest fee increase.  Tell them it was the last straw after years of rate increases and that you’ve been comparison shopping.

A Sample Conversation

You: “My husband/wife and I carefully considered an offer we received from [competitor] last night and decided it was time to make a change.  It’s really all about the pricing.  This economy has been killing us and we simply cannot handle a higher bill.  When we looked at [competitor’s] offer, we discovered we could be saving $20 (insert amount applicable to you) or more a month over your own pricing.  But I’ve been a Charter subscriber for a long time and I decided I should call and see if there was any way we could stay as a customer, if we could only negotiate a lower bill.”

Charter: “I see you have been a customer for a long time.  Did you know that Charter delivers… (expect a comparison about the differences between satellite and phone company competition and Charter at this point.  Your goal is to patiently wait until they finish and then stick to your guns that it’s really all about the monthly cost).

You: “I understand all that but you have to understand the only reason we are calling to cancel service is because of your prices.  I am really giving you a last chance to see if we could stay and pay a lower price.”

Charter: “Let’s review your bill and see if we can drop any services you may not be using or perhaps sign you up for a different tier of broadband service.”

You: “The thing is, with [competitor’s] service, I don’t have to drop anything and I will still get a much lower price.  Let me suggest an alternative idea.  You could save our family as a customer if you could sign me up for the same kind of package pricing new customers pay.”

Charter: “I’m sorry, but those prices are only for new customers.  But perhaps if we credited your account for a year’s worth of the fee you are upset about, that would help?”

You: “No, not really.  Not after I saw what we could be paying by switching.  Again, we’ve really already decided on making this change, but I decided it would be fair to give Charter a last chance to come closer to the prices I would be paying with your competitor.  Isn’t there anything you could do to sign me up to a new customer promotion?”

Charter: “Well, let me put you on hold and talk to my supervisor.”

At this point, you may or may not get your request granted.  Sometimes the representative will try and negotiate dollar amounts, try to sell you a bundled package of services to deliver “more savings,” or offer you a lower discount.  Stick to your guns, but always remain polite.  Sometimes their counteroffer may not deliver new customer pricing, but will still leave you saving far more than when you started, and keeps you off a term contract.  If you are uncomfortable with the progress of the negotiations, or find an unsatisfactory outcome, politely end the call telling the representative you would like some time to think about it.  It’s your chance to call back and speak with someone else.

In general, the more seriously they sense you are ready to commit to the competition, the better the offers will get to stay.  Feel free to let them know you’ve already scheduled an installation with the “other guy” or would like information about where to drop off your cable equipment.  If you are queasy about playing hardball, blame it on your spouse, letting Charter know “he/she will never go for that.”  Stay friendly with the representative at all times — try to make them your advocate by encouraging them to find an even better deal for you and that you appreciate the time they are spending working with you.  It’s a lot easier to get a better offer when you are not screaming at the representative that can’t wait to get off the phone with you.

A Charter customer e-mailed this segment of their bill to clarify whether or not customers under a Price Guarantee contract would also pay the dollar fee.

If you find stubborn resistance to discounting your bill, consider showing up at the local cable office with your equipment and try negotiating one last time.

Charter Cable allows customers to cancel service and, after 30 days, sign up under a new customer promotion, so asking them to waive the 30 day requirement when it will save them money to reinstall service may be something they’ll consider.  You could also re-establish “new service” under a spouse’s name for an even faster turnaround.

As Charter has taught their subscribers, it’s all about business with them.  Turnabout is fair play, so give them the business about their pricing and demand savings.

[Updated 9:42pm ET — A Charter subscriber e-mailed Broadband Reports a copy of their latest Charter Cable bill saying the fee would -not- be applied to customers under a current Price Guarantee contract, in direct contradiction to what a Charter representative told us this morning.  This is not much of a surprise, considering it took eight calls to Time Warner Cable last week to get the straight story about their DVR price hike in upstate New York.

Perhaps we should start calling cable companies not less than five times for answers to basic questions and then average the responses we get.  As we said last week, we’ll believe the bill over what company representatives say any day.

Thanks to our reader Gabe and Broadband Reports for for alerting us to this development and helping clarify matters.]

[Update #2: 10:52am ET 9/16 — A Charter customer on Broadband Reports shared an online chat he had with Charter that shows I’m not the only one getting inaccurate information about this fee:

Scott: I heard that charter decided to add a new fee to user bills for “broadcast tv surcharge” even for customers that have locked in rates.

TTD Straissan : Yes. That is correct. The locked rates are for the services that are included on the locked promotion. Taxes and fees are not part of the locked promotion we have.

TTD Straissan : Broadcast TV Surcharge
Federal law allows local U.S. broadcast television stations (i.e., affiliates of networks such as CBS, NBC, ABC, Fox, etc.) to negotiate with cable and satellite providers in order to obtain “consent” to carry their broadcast signals (Cable Television Consumer Protection and Competition Act of 1992).

As a direct result of local broadcast, or “network-affiliated,” TV stations increasing the rates to Charter to distribute their signals to our customers, we will be passing those charges on as a Broadcast TV Surcharge, in the Taxes and Fees section of the billing statement. These local TV signals were historically made available to Charter at no cost, or low cost. However, in recent years the prices demanded by local broadcast TV stations have necessitated that we pass these costs on to customers.

This surcharge displays in the Taxes and Fees section of the bill statement.

Scott: when will this be on my bill?

TTD Straissan : Expected increase will be around October 1, 2010 on some areas.]

Sezmi set top DVR box, antenna, and remote control

While most of the pay television industry forces huge basic cable packages on subscribers containing dozens of channels never watched, an innovative California company thinks it has the perfect solution for those who want to cut cable’s cord but still keep some of their favorite cable channels.

Sezmi combines a super-sized 1 terabyte DVR set-top box ($149.99) with a digital broadcast receiver to deliver every local television signals, 23 popular cable channels, on-demand movies, video podcasts, and YouTube content for $19.99 per month.  Don’t care about the cable channels or live outside of Los Angeles?  The price drops to $4.99 per month.

Sezmi’s inventors believe the marketplace is ripe for a compromise between paying enormous cable bills or simply going without popular cable series and 24/7 news.

Besides, Sezmi’s founders argue, with free digital television stations increasing the amount of programming they offer and Americans wanting to watch more of their favorite shows on-demand, Sezmi’s super-sized DVR may provide enough live and recorded programs to more than satisfy average viewers.  If not, a budget-priced package of two dozen popular cable channels could give people enough courage to cut cable’s cord forever.

At its core, Sezmi’s set top box offers an enormous capacity hard drive that can store up to 1400 hours of SD (standard definition) and 340 hours of HD (high definition) programming.  It can also record one channel while watching another, and its software gives each member of a viewing family their own personal menu to access, record, and view the programming they want.

[flv width=”446″ height=”270″]http://www.phillipdampier.com/video/Sezmi All-In-One Personal TV Service.mp4[/flv]

A promotional reel introducing shoppers to Sezmi and its services.  (3 minutes)

Sezmi’s founders future-proofed their technology to be immune from broadband providers with Internet Overcharging schemes in mind.  Unlike other cord-cutting alternative set top technology that relies on broadband to access programming, Sezmi receives its live TV and cable network programming entirely over the air.  That keeps your local cable or phone company from stopping all the fun by imposing broadband usage limitations or charging steep penalties for watching too much of a competitor’s service.

Sezmi’s unique way of bypassing the local broadband provider is both innovative and challenging at the same time.  In the Los Angeles market, currently the only city where Sezmi provides cable networks, it leases leftover capacity from local stations to transmit the encrypted cable networks over the air to Sezmi receivers.  As long as you get a signal from a local station, the cable signals come along for the ride.

While that can work in Los Angeles, which has at least 26 full powered broadcast stations in the market from whom it can potentially lease capacity, most American cities have fewer than eight full power local channels.  If those stations can’t or won’t lease out their extra bandwidth, the cable programming service simply won’t work.

Part of the original business plan for Sezmi was to provide the set top box as a solution for phone companies like Frontier and other independents who want to deliver a video package without improving their current copper-based networks to deliver it.  Because the box will work reasonably well with a broadband connection of 3.1Mbps or higher, companies selling DSL broadband packages to customers could use Sezmi to deliver video content to subscribers.  In rural areas, relying on broadband delivery may prove more effective than over-the-air reception, and since the provider offers the service themselves, there is little chance they’d limit their own customers’ use of Sezmi.

Now Sezmi is directly being sold to consumers on Amazon.com and in Best Buy stores in the 35 U.S. cities Sezmi serves.

Sezmi's cable channel lineup is currently only available in Los Angeles.

Buyers are pre-qualified before purchase to determine if they’ll be able to receive a suitable broadcast TV signal required for Sezmi to operate.

A lengthy beta test in Los Angeles revealed many consumers loved the concept of Sezmi, but definitely discovered some flaws:

• There is no wireless connection supported for broadband.  You must use a supplied Ethernet cable to connect to a router;
• The remote control and its functionality was frequently reviewed as unintuitive and slow to respond to commands;
• Cable networks arrived only in standard definition video;
• Reception varied considerably depending on where one lives in relation to local broadcast transmitters.  Where TV stations use different transmitting locations, reception problems for one or more stations can be an issue unless you regularly reposition the antenna;
• Sezmi’s antenna module looks like a small bookshelf speaker and was more obtrusive than many thought necessary;
• Sezmi’s online viewing options are limited to YouTube and Sezmi-partnered content.  No Hulu or Netflix access is supported.
• Some reviewers felt charging $5 a month for a Sezmi package that only included free, over the air broadcast stations was unjustified when they also had to purchase the required set top box.  Many of these comments came when the box was priced at $299, however.  Sezmi has reduced the price of the set top box by half, so it’s likely the monthly fee includes some hardware cost recovery;
• The cable networks chosen do not include a lot of sports, although the company is currently negotiating with ESPN;
• Love it or hate it, one of America’s favorite cable channels – Fox News, is not included in the lineup although CNN and MSNBC are.  Their asking price may have been too high.

Sezmi’s co-founder probably expects that detailed level of critique considering the company’s business plan targets technology-minded “early adopters” who are well versed on technology and very opinionated about how it works.  They also feature prominently in the group of consumers that are now spending less time watching live television and less-willing to pay the asking price for it.

“The Sezmi offering is geared toward the next wave of consumers who want a very high-quality experience and the latest technology features, but are not willing to overpay for that,” said Phil Wiser, co-founder and president. “We’ve limited ourselves to really focus on that segment who are value-oriented and tech-oriented.”

Those who are value-oriented have responded positively to Sezmi.  Stop the Cap! reader John in Sherman Oaks, Calif., who notified us about Sezmi’s local media blitz says it’s exactly what he was looking for, and he’s enjoying some shows he missed from USA, TNT and Discovery.  But his wife misses her favorite HGTV and Food Network shows, which Sezmi doesn’t carry.

“I told cable to take a hike,” he writes. “I only watch perhaps a dozen channels and Sezmi has most of them covered for about 1/3rd of the cost the cable company charges, not including the fees, taxes, and renting cable’s set top boxes.”

John adds 24/7 access to live news programming was the one thing that held him back from dropping cable before Sezmi arrived.

Sezmi's Los Angeles Coverage Map (click to enlarge)

“I wasn’t going to give up CNN and MSNBC for breaking news,” he said.

Wiser’s comments to the San Francisco Chronicle seem to match John’s perceptions about the service.

“The key thing we realized with Sezmi is that consumers would not be ready to drop a paid TV experience purely for Internet offerings,” he said. “You need a bridge that includes a traditional cable experience with a more on-demand interactivity.”

Although John says he has few problems getting good broadcast signals from Mt. Wilson, where most Los Angeles-area broadcasters maintain their transmitters, some  residents further east in Riverside say their experiences were considerably worse.

“If you walked in front of the antenna, reception would drop out,” wrote one reviewer.  “A rooftop antenna is really a smart idea if you need reliable reception to make sure your shows get recorded,” wrote another.

The potential impact Sezmi could have on cable and phone company pay television packages varies depending on which analyst you choose.

Mike Jude, with Frost & Sullivan, told the Chronicle devices like Sezmi will probably remain niche products that will have trouble attracting interest from traditional cable subscribers.

But Gerry Kaufhold, an analyst at In-Stat, said Sezmi’s innovative approach could find a significant audience especially with more casual TV viewers. He said 15 percent of viewers don’t pay for TV while 35 to 40 percent of cable users pay about $40 for basic cable. Both could find a lot of utility in a product like Sezmi, he said.

“Anyone that gets a big digital cable (package) is unlikely to leave, but people who get basic cable may be willing to make that jump and cut some 20 bucks off their bill,” Kaufhold said. “They can also get people who don’t pay for TV to try it.”

With a Yankee Group study looming that estimates one in eight Americans will disconnect or downgrade their paid TV services by April, devices like Sezmi could threaten industry profits even sooner than some analysts think.

Service Coverage – Click links for respective channel lineups

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Sezmi Services Described.flv[/flv]

Sezmi Explained: This series of videos walks you through all of Sezmi’s features and services.  (12 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Sezmi Setup.flv[/flv]

Sezmi’s setup is explained in this video, guiding you through the process of hooking up the equipment.  (10 minutes)

Anita Brown (left) watches as a January fire took everything she owned, including her two beloved cats.

A Reno, Nevada woman has learned that even after a disaster, Charter Cable wants their money and will stop at nothing to get it, even if it means holding your personal e-mail hostage.

Anita Brown lost everything in January after a tragic fire, started by another tenant in her building who left a candle burning unattended.  While she watched nearby as all of her possessions burned in the fire, her only thoughts were for her two companions  — her beloved cats.

They didn’t survive the fire. Neither did a cable box, phone jack and broadband modem belonging to Charter Cable.

As Brown tried to contemplate starting her life all over again, the cable company found out about the fire and began demanding their equipment back.

Brown was stunned to find the local cable company so insistent about the matter, so she showed them a picture they requested of the “modern art” her cable box now resembled.  It literally melted in the fire.  She also presented the cable company with a copy of the fire marshal’s report showing the fire was not her fault.

Charter’s response?  Pay us $1,000 immediately for the damaged equipment or else.

Brown, who faced replacing every article of clothing she owned and locating a new place to live had other priorities for her dwindling financial resources.  Still, she offered to make monthly payments to cover the loss, if only to avoid Charter’s collection department and damage to her credit. They told her someone would be in touch.

That someone was a Charter technician who turned up a week later to disconnect her relocated cable service.  A payment of $25 made him go away, service intact.  A week later, while she was attending a family funeral, a technician returned and disconnected service anyway.  Then the bills started arriving.

Charter had subsequently reduced the amount owed for the damaged equipment to $500, still out of reach financially for the Reno woman.  She signed up with another provider.  Meanwhile, Charter keeps sending her bills demanding payment and Brown worries they’re on the verge of trashing her credit.

Brown's cable box literally melted in the fire

A local Reno television station reporting on Brown’s plight found Charter’s local employees less than helpful, refusing to work out a solution to the cable nightmare.  A national media representative for Charter was sympathetic, however, and the company may find its way to a mutually acceptable resolution soon.

It can’t come soon enough for Brown, who isn’t even sure she should owe a penny for a box burned in a fire she didn’t start.

Even worse, the only contact list of friends and family Brown has left is locked up in her e-mail box, now held hostage by Charter Cable, who refuses to let her access it until her current bill is settled -and- she promises to stay with Charter Cable.

Cable customers often discover they are on the hook for lost or damaged company-owned equipment.  Most cable company subscriber agreements hold customers responsible for replacement or repair costs for returnable equipment. 

Stop the Cap! strongly recommends consumers obtain a signature or receipt when returning cable equipment and hang onto it at least six months after disconnecting service.  That evidence will save you hundreds of dollars in case the company claims you didn’t return equipment.  With today’s digital cable requiring set top boxes, many homes have several.  The cost of replacing all of them could become astronomical.

If you rent, purchasing inexpensive renter’s insurance is a must to protect your possessions.  Your landlord insures the building you live in, not the things inside your apartment.  Many homeowner and rental insurance policies cover damaged cable equipment in case of a fire or other natural disaster.  Ask your insurance agent to check your coverage.

After a loss, don’t forget to claim the value of that equipment so you can reimburse cable companies that do not forgive these types of losses.

As for Brown, she is still waiting to find out if Charter has a heart.  The damage stories like this do to a company’s reputation may carry a price higher than the cost of the cable box.  Some Reno viewers saw the story and are taking their business elsewhere.

“Thanks for the heads up. We just moved here, and are weighing our cable/satellite options,” writes Diana from Sparks. “That makes my decision a bit easier.”

Kelly in Reno added, “Sounds about right for Charter – big corporate, heartless, money-sucking [profanity deleted]! What do they think is going to happen if they just void this bill, that everyone will start burning down their houses to get out of paying for equipment? Come on, have a heart Charter!”

[flv]http://www.phillipdampier.com/video/KOLO Reno Charter Cable Pursues Fire Victim 9-11-10.flv[/flv]

KOLO-TV in Reno told Brown’s story.  The ironic part of this story is that an advertisement preceding the clip was from none other than… Charter Cable.  (1 minute)

Time Warner's "Get Tough" Campaign Caved In to Disney/ABC's Demands

So much for “getting tough.”

Time Warner Cable averted a blackout of several Disney-owned cable and broadcast outlets Thursday when it cut a deal with Disney to keep programming on Time Warner Cable.  As part of the agreement, the nation’s second largest cable operator agreed to add several Disney-owned networks subscribers will ultimate pay higher cable bills to receive in 2011.

The cable trade and business press are applauding the agreement.  The Wall Street Journal said the two sides surprised the TV industry by avoiding the level of public acrimony common with similar disputes in the past, avoided nasty publicity campaigns, and reached an agreement that avoided a standoff.

“We are pleased to have reached an agreement without any interruption in service,” said Time Warner Cable Chief Executive Glenn Britt.

Subscribers may also appreciate they aren’t facing the loss of programming they would still pay for as part of their monthly cable bill.

Disney wins new fees for carriage of ABC shows approaching 50 cents a month per subscriber, according to sources close to the negotiations.  The programmer also will receive substantial increases in payments from the cable company for ABC Family and The Disney Channel, along with the right to repurpose that programming online through services like Hulu and ABC.com.

Time Warner Cable has argued that programming costs make up the bulk of rate increases, yet its newest agreement with Disney compels the cable company to add additional networks and services cable subscribers may have no interest in receiving, much less paying to receive.

Among them are:

• Disney, Jr., a new 24-hour cable network targeting preschoolers which will replace ABC SoapNet in early 2012;
• ESPN Goal Line, a new network showing reruns of college football games;
• ESPN Buzzer Beater, still another new network rerunning college basketball games is also under development and will be added to Time Warner Cable’s lineup when launched.
• ESPN 3D, which will show-off sporting events on newly available 3D televisions.
• The addition of ESPN Deportes HD to Time Warner Cable’s larger footprint.
• Availability of ESPN Radio feeds in New York, Los Angeles and Dallas to Time Warner Cable’s video platform.
• A Time Warner Cable/ESPN Deportes co-branded, Spanish language sports website in Los Angeles.

One of the most contentious issues in the debate had been online video programming.  Time Warner Cable agreed to add ESPN3, an online network, for “authenticated” cable subscribers who have a package that includes ESPN.  That’s a departure from Disney’s usual demand that operators pay a fee for every broadband customer they have in return for access. That means Time Warner Cable customers who subscribe to a TV package will soon be able to access ESPN, ESPN2, ESPN3, and ESPNU even if they don’t subscribe to Road Runner.  But it also means Road Runner customers who don’t take cable-TV will not have access.

Finally, Time Warner Cable won the right to include on-demand access to popular ABC and Disney Channel shows.

Ultimately cable customers will pay a price for this agreement, facing even higher cable rate increases in 2011 to cover the costs for additional programming.  Many critics contend Time Warner Cable’s “Roll Over or Get Tough” campaign is more public relations than substance.  The company can claim they are fighting for subscribers when an intransigent programmer forces the cable company to take networks off the air, but in reality most of the time agreements are reached that look to many more like “rolling over” than “getting tough,” especially when the company simply passes along the added costs to cable customers.

[flv]http://www.phillipdampier.com/video/CNBC Disney Time Warner Agreement 9-2-10.flv[/flv]

CNBC covered the announced agreement between Time Warner Cable and Disney, reporting it was Disney’s largest carriage deal ever.  (2 minutes)