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Comcast Seeks Patent on Human Wi-Fi, Roving Rental Car, Bicycle-Based Hotspots

Phillip Dampier July 24, 2013 Comcast/Xfinity, Consumer News, Wireless Broadband Comments Off on Comcast Seeks Patent on Human Wi-Fi, Roving Rental Car, Bicycle-Based Hotspots

comcast wifiComcast has filed a patent application that would let the company expand its Wi-Fi network by turning customers into human Wi-Fi hotspots and convincing them to offer Comcast Wi-Fi from rental cars, bicycles, and buses.

FierceCable found the patent application, called “Mobile WiFi Network” that would let the cable company build a dynamic mesh network of mobile hotspots that could be used by its customers. But instead of placing permanent Wi-Fi antennas on buildings or light posts, Comcast wants a patent to extend its network by using vehicles and people that can be positioned exactly where Comcast needs better wireless coverage.

In one example, Comcast’s proposed roving rental car fleet would use incentives to convince renters to activate the car’s built-in hotspot in return for free or discounted services.

“The offer may indicate that if the rental car is dropped off at one or more designated parking spots, the driver will receive a discounted car rental rate, free parking, a coupon for items sold at the designated parking spot, etc. In this manner, the driver may be incentivized to assist in managing the network of transceivers to improve the coverage area. A driver wishing to accept the offer may press a button on the car’s computing display, or other computing device (e.g., using a smart phone application) to respond to the offer with an acceptance,” Comcast states in the patent application.

Comcast-LogoIf a driver says no, Comcast can up the ante with an even better offer in response. If that does not work, Comcast can expand its Wi-Fi network dynamically in other ways.

“It should be understood that the process could be implemented by placing transceivers in or on any other mobile unit, such as bicycles, Segways, buses, police cars, taxis, boats, persons, dedicated vehicles, etc. or any combination of such mobile units,” Comcast wrote.

Last month, Comcast announced it would activate a public Wi-Fi network over wireless routers supplied to customers on a secondary channel.

EastLink Delivers Minor Speed Increases, Higher Prices to Its ‘Clueless Customers’

Phillip Dampier July 23, 2013 Bell Aliant, Broadband Speed, Canada, Competition, EastLink 1 Comment

Our customers often don't have a clue what speeds we give them now. -- EastLink

EastLink customers in Nova Scotia are getting three things from their local cable company: slightly faster Internet speeds, a higher bill, and insulted.

EastLink has mailed letters to subscribers in certain parts of Atlantic Canada notifying customers they are now getting speed boosts on the company’s lower speed tiers.

Basic Internet customers subscribing to 1.5Mbps service will now see 5Mbps, while those at 5Mbps are getting upgraded to 10Mbps service.

EastLink said the upgrades target its budget-minded customers who are also getting pelted with competing mailers from Bell Aliant, which sells fiber service in the region. But the speed upgrades don’t come for free. In a move EastLink denies is tied to the broadband speed improvements, the company is also notifying customers of its annual general rate increase.

EastlinkLogoAtlantic Canada enjoys some of the fastest Internet service in the country, often without any usage caps. EastLink offers, in addition to its budget Internet tiers, service at 20, 40 and 80Mbps. Their primary competitor is Bell Aliant, which operates its FibreOp broadband at speeds of 50, 80, and 175Mbps.

“Our customers have told us that they want and need faster internet service,” Isabelle Robinson, media relations with Bell Aliant said about the company’s higher Internet speeds. “Things like file sharing, uploading, video streaming have really become commonplace. The demand for both speed and bandwidth has been exploding.”

Nonsense, responds Jordan Turner, EastLink’s public relations coordinator. He said subscribers often have no comprehension about the broadband speeds they get now, and certainly don’t need anything faster than what EastLink now provides.

“Frankly, that is plenty of speed and all the speed customers need,” Turner told Halifax NewsNet. “When you read what they suggest people are going to do with the Internet, you can already do that with our standard Internet offering. It’s not like, because you have faster Internet, you’re going to watch a three-hour movie in half an hour.”

Time Warner Cable Helped Bankroll Pro-Cuomo Ads; $175,000 to Dems’ “Housekeeping” Fund

Phillip Dampier July 16, 2013 Consumer News, Public Policy & Gov't, Video 1 Comment
Time Warner Cable will get up to $4 million in tax breaks courtesy of New York taxpayers to create a new call center in Buffalo's now defunct Sheehan Hospital.

Time Warner Cable will get up to $4 million in tax breaks courtesy of New York taxpayers to create a new call center in Buffalo’s now defunct Sheehan Hospital.

Time Warner Cable donated $175,000 to the New York Democratic State Committee that aired a series of pro-Gov. Andrew Cuomo ads, including one touting the governor’s efforts to get corporate money out of politics.

The cable company donated the funds to the Committee’s “housekeeping” account, exempt from New York’s campaign finance laws which ordinarily limit the maximum amount a corporation can contribute to $5,000. The New York Democrats spent nearly $5.3 million to air the advertising on stations across the state this spring.

Asked how Cuomo could justify promoting campaign finance reform while exploiting various loopholes to accept unlimited corporate contributions, Cuomo told the Albany Times-Union, “It’s not a loophole — it’s the law.”

“You can only live within the system that exists,” Cuomo added. “As soon as the campaign finance system is changed — and I’ve worked very hard to change it, I’ll continue to work very hard to change it — no one will be more pleased than myself.”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/NY Dems Clean Up Albany Ad 5-8-13.flv[/flv]

Time Warner Cable, CBS, a giant teacher’s union and other large corporations helped pay to run this ad featuring New York Gov. Andrew Cuomo promising to cut the influence of money in politics. (1 minute)

Time Warner Cable was hardly alone. Other major donors were rooted out by the newspaper’s Capitol Confidential:

  • corporate-welfare-piggy-bank— $250,000 came from “Educators United,” an offshoot of the United Federation of Teachers.
  • — $200,000 arrived from the Hospitals Insurance Corporation.
  • — $750,000 from George Soros. His son, Jonathan, has been a vocal proponent of establishing a system of public campaign finance.
  • — Lucy Waletzky and Larry Rockefeller, children of Laurance Rockefeller and niece and nephew to Gov. Nelson A. and uber-banker David, each gave $25,000.
  • — Hedge funder James Simons, the founder of Renaissance Technologies, gave $1,000,000.
  • — $102,000 from “New Yorkers for Affordable Housing,” whatever the hell that is, an entity that shares an address with The Arker Companies’ Queens headquarters.
  • — $50,000 from SONY Pictures Entertainment, $25,000 from Paramount Pictures and $50,000 from CBS.
  • — $350,000 from Brookfield Properties, $200,000 from Tishman-Speyer and $100,000 from The Related Companies, all major New York City real estate firms.
  • — $150,000 from billionaire fertilizer tycoon Alexander Rovt.
  • — $200,000 from Leonard Litwin. Oh wait, I’m sorry: mega-donor Leonard Litwin’s name doesn’t appear in the filing. As is his wont, Litwin funneled his donations through various property-based LLCs he controls. New York’s glorious campaign finance laws treat an LLC like an individual.

Virtually all the donors have some business or regulatory dealings with the state government.

Last month, the governor’s office announced Time Warner Cable was being given taxpayer assistance to take over office space in the former Sheehan Hospital in Buffalo.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WGRZ Buffalo Erie County IDA Approves Tax Breaks For Time Warner Cable 7-15-13.flv[/flv]

This week, the Erie County Industrial Agency approved $757,000 in additional tax abatements for Time Warner Cable. That does not include the $3.1 million in state and local tax breaks already granted the cable company in return for job creation at a new call center being opened in Buffalo. WGRZ-TV reports. (1 minute)

Statewide Video Franchising Laws: Still Handing the Balance of Power to Big Telecom

Phillip Dampier July 11, 2013 AT&T, Broadband Speed, Charter Spectrum, Comcast/Xfinity, Community Networks, Competition, Consumer News, Editorial & Site News, Public Policy & Gov't, Rural Broadband Comments Off on Statewide Video Franchising Laws: Still Handing the Balance of Power to Big Telecom

special reportComcast has been a part of life in Muskegon, Mich. for decades, thanks in part to an unusually long 25-year franchise agreement signed when President Reagan was serving his last year in office. In 1988, the Berlin Wall was still in place, Mikhail Gorbachev formally implemented glasnost and perestroika, Snapple appeared on store shelves nationwide, and compact discs finally outsold vinyl records for the first time.

All good things must come to an end and Comcast’s contract to serve will finally expire Aug. 2. City officials want residents to understand that after two plus decades, it is appropriate to take some time to consider all the options. But a 2007 law has cut that time of reflection down to a month, and removed most of the powers Michigan communities used to have to select the best cable operator for their community. It’s a fact of life Comcast is well aware of, and it underlined that point by tossing a carelessly written, pro forma/fait accompli franchise renewal proposal into the mail that left Muskegon’s civic leaders cold. But if they fail to act fast, Comcast will win automatic approval of whatever it proposes to offer the 38,000 residents of the western Michigan city for years to come.

Statewide Video Franchising in Michigan

muskegonIn December 2006, primarily at the behest of AT&T, the Michigan legislature passed a new statute that would create a uniform, statewide video franchise agreement template that providers could use to apply for or renew their franchises to operate. In theory, establishing a uniform, simplified franchise application would lead AT&T to quickly wire Michigan with U-verse, its competing cable/broadband/phone service, and bring dramatically lower prices for cable service and fewer complaints because of greater competition.

The Uniform Video Services Local Franchise Act was remarkably similar to those passed in more than a dozen other states — no mistake considering it was based largely on an AT&T-written draft distributed and promoted by the American Legislative Exchange Council (ALEC), an AT&T-backed third-party group that encourages state legislatures to enact corporate-ghostwritten bills into law.

Under the new law, much of the power reserved by local officials to approve cable franchises and enforce good customer service was stripped away and handed to the state’s Public Service Commission. The deregulation measure tipped the balance of power in providers’ favor, making it possible to do business on their terms, not those sought by community leaders. Among the law’s provisions:

  1. Communities are still bound by the terms of their existing franchise agreements, but providers can break the legacy contracts for any reason, forcing a new agreement under the new statewide franchise law. If a provider wants out, they can abandon the community or transfer operations to a new provider with 15 days advance notice and no prior approval.
  2. A franchise renewal proposal will be automatically approved if a city does not reject it within 30 days.
  3. Communities cannot unreasonably restrict providers from access to public rights-of-way, an important consideration for AT&T’s U-verse, which requires the placement of large, sometimes noisy utility cabinets (a/k/a “lawn refrigerators”) to connect its fiber network with residential copper wiring.
  4. Communities are limited to collecting up to 5% of video revenue in franchise fees and up to 2% to support Public, Educational, and Government (PEG) channels. In the past, some communities asked cable operators to wire schools, libraries, and local government offices at no cost, and several negotiated other forms of support for PEG channels, which allow local citizens to view town board meetings and create and distribute locally produced programming. Today, those agreements are only possible on a voluntary basis, without any threat if a provider refuses, they will get their franchise request rejected.
  5. Providers are no longer obligated to honor agreements setting timetables to wire communities. Instead, they can handpick areas to be served, except in cases where racial or income discrimination can be proven.

Top secret.

Since the law was clearly designed to help new entrants like AT&T’s U-verse and Verizon FiOS, Michigan’s incumbent cable companies either demanded the same rights, remained neutral, or halfheartedly protested the proposed law suggesting it unfairly benefited new competitors. Cable companies, for example, would not benefit from laws throwing out buildout requirements because their networks are already largely complete.

But once signed into law, cable operators did begin asking cities to voluntarily adopt the new uniform statewide video franchise. Muskegon joined most other Michigan cities in declining the invitation.

AT&T did begin wiring Michigan for U-verse service, although there is no evidence it would not have done so had the Act never been signed into law. But that has not helped Muskegon, because the dominant phone company in the area is Frontier Communications. Frontier has so far shown no interest in building a competing cable TV service, so the only competition residents get are from two satellite companies.

City of Detroit v. State of Michigan and Comcast

gavelSoon after the statewide franchise law was passed, Comcast notified the city of Detroit it could take the proposed renewal of its existing 1985 franchise agreement and go pound salt. The franchise agreement with the city expired in February 2007, just a month after the new law took effect. It was a new day, Comcast told city officials, and the company offered its own proposal for renewal — a 5% take-it-or-leave-it franchise fee and nothing else. Comcast even rejected the city’s counteroffer to include a 2% PEG fee, permitted under the new law.

Franchise negotiations went nowhere, but Comcast had nothing to fear. The city did not properly reject their franchise renewal offer so, as far as the company was concerned, it automatically won a franchise renewal.

The city sued both Comcast and the State of Michigan in the summer of 2010 alleging the statewide law violated the federal Cable Act, usurped local “home rule” authority, and that Comcast was illegally trespassing in the city without a franchise agreement. The Michigan Attorney General took Comcast’s side, defended the state law, and helped the cable company argue its case in court.

Comcast did not want the case heard and asked for its immediate dismissal, which was rejected.

In the summer of 2012, the judge split the decision between the city and Comcast. The judge found that Comcast had probably been operating illegally in Detroit since 2007 and owes the city damages. The judge also found parts of the state law troubling enough to invalidate. In particular, he emphasized cities do have a clear right to reject franchise proposals offered by cable operators and that in many cases those operators must adhere to their existing franchise agreements until they expire. Cities also have the right to protect and manage their rights-of-way, ending the perception cable and phone companies have the right to place hardware almost at-will in public areas.

Comcast wants to avoid paying Detroit damages for potentially operating illegally without a valid franchise.

Comcast wants to avoid paying Detroit damages for potentially operating illegally without a valid franchise.

The judge found nothing inherently faulty with the concept of statewide video franchising, nor did he rule that providers are required to serve everyone in a geographic area or that cities are allowed to enforce local customer service standards.

The impact of the statewide law, even after the judge’s ruling, still erodes local control. As pre-2007 franchise agreements expire, it is highly unlikely cable operators will continue to offer free service to municipal buildings, will not accept requirements to provide “universal service” or even language requiring wiring of every home that meets a “homes per mile” test. Some cable operators are even closing local customer service centers that used to be required in many franchise agreements.

Comcast did not appreciate the court ruling, sought to have it set aside, and failed. Now the Court of Appeals will likely weigh in on the case by the end of this year. Comcast is particularly concerned about the prospect of paying damages to the city of Detroit for illegally operating without a valid franchise. The judge hearing the case considered that a very real possibility and requested submissions from all parties about how much Comcast should pay the city.

Muskegon officials cited the judge’s rulings in the Detroit case in their letter rejecting Comcast’s proposed renewal agreement. The city wants to renegotiate certain terms regarding its PEG channels, still wants complimentary service to public buildings, and requests cable service be extended to the Hartshorn Marina.

Six Years Later, Cable Rates and Complaints Still Rising, the Competition is Fleeting, and Many Believe the Law Has Achieved Nothing

The Michigan Public Service Commission is tasked with reporting annually to the legislature and the public about the impact of the AT&T-sponsored law. The PSC’s broad conclusion is that the new law is working:

Increases in subscribers as well as the emergence of another video/cable provider are positive signs for the video services industry in the state of Michigan. Both franchise entities and providers have continued to report that video/cable competition is continuing to grow. Growth in competition has been observed each year since the Commission began issuing this report. In addition to the increase in competitive providers, companies continued to invest hundreds of millions of dollars into the Michigan video/cable market in 2012.

As the Act enters its seventh year of existence, signs of progress and competition continue to be evident. It appears that both franchise entities and providers perceive that providers are offering more services to customers. In addition, more areas throughout Michigan are beginning to have a choice of video/cable service providers.

But in the same report, the PSC admits the overwhelming consensus among those in individual communities is the law has made little to no difference in competition or pricing. For example, every provider has continued to raise their rates, particularly after promotional new customer packages expire. Much of the savings calculated in Michigan took introductory prices into account, such as when AT&T U-verse entered a market. After 1-2 years, those savings evaporate. AT&T has increased its pricing just as often as dominant cable providers Comcast and Charter.

competition 1

The PSC touts that 15 new competitors have begun offering service in Michigan since the law was enacted. But besides AT&T’s U-verse., the majority of those new entrants are municipal telephone companies, small/family owned rural cable companies, or providers that specialize in serving only apartment complexes or condos. All but AT&T serve only tiny areas in Michigan and most have customers that number only in the hundreds to low-thousands.

Michigan’s New Competitors

  • Ace Telephone Company of Michigan Inc.
  • AT&T (U-verse)
  • Bloomingdale Communications, Inc.
  • Drenthe Telephone
  • Martell Cable Service Inc.
  • Mediagate Digital
  • Michigan Cable Partners (MICOM Cable)
  • Packerland Broadband
  • Sister Lakes Cable TV
  • Southwest Michigan Communications Inc.
  • Spectrum Broadband
  • Summit Digital
  • Sunrise Communications LLC
  • Vogtmann Engineering
  • Waldron Communication Company

How many new Michigan customers has this competition netted since 2011? 2,116

competitors

The overwhelming majority of Michigan communities still have just one cable operator and no competitor. AT&T U-verse accounts for almost all the communities reporting a second provider.

Complaints have also been higher every year the statewide franchise law has been in effect. In 2007, there were 615 formal complaints made to the PSC. Every year thereafter, the number of complaints exceed 2007 levels, ranging from 757 in 2011 to 1,074 in 2010. Comcast is by far the worst offender — 51 percent. AT&T and Charter had a smaller percentage of complaints, 15 and 14 percent respectively. The majority of complaints among all providers deal with billing issues.

complaints

Since the new law took effect, many communities have felt so disempowered, they stopped reporting local complaints to the PSC. But among those who have, the story is the same in states without statewide franchise laws:

  • System updates not completed as promised. Large numbers (of residents) have gone to satellite;
  • Upgrades needed to allow for better reception and channel selection;
  • There are two providers in our area, yet little increase in competition;
  • Cost to extend service to reach potential customers affects competition;
  • Cable provider left when switching from analog to digital, stating not enough customers to afford the changeover. Now only satellite is available;
  • No broadband/high-speed Internet service in many townships;
  • No phone, cable service available;
  • Michigan has totally failed bringing affordable Internet service to this community, and has prevented our township government from providing the needed services.

competition 2

The perceived impact of the 2007 law isn’t so great either:

  • Communities lost in-kind and other services from the incumbent provider;
  • Cable rates continue to increase;
  • Zero value added and has eroded local control of franchising;
  • Customers have a choice now, but rates are still higher;
  • Providers simply poach competitor’s customers as evidenced by flat franchise revenue; as one increases the other decreases;
  • This statute has proven to accomplish literally nothing for municipalities and only serves to benefit providers;
  • The Act did nothing to improve service.

Google Fiber’s $300 Install Fee Meets Resistance from Landlords; Renters May Be Left Out

google fiberGoogle Fiber may not be coming to a Kansas City apartment complex near you.

The coveted gigabit fiber to the home service is drawing criticism from owners of multi-dwelling units, condos, and apartment buildings because of its installation fee.

Google requires property owners to either go all-in or forget about getting the service. That means $300 for each apartment or condo, regardless of whether it is occupied or if an existing tenant wants the service or not.

Landlords tell the Kansas City Star the installation fee is just too much, especially when considering the phone and cable company wired their buildings for free. The newspaper notes that a 350-unit apartment complex opting in to Google Fiber will have to pay more than $100,000 upfront just to get the service.

Those living in one of nine CRES Management apartment complexes suspect they won’t be getting Google Fiber now or in the future — the property owners balked at an installation fee for their properties well into the six figures.

cres“I don’t know many apartment complexes that have $100,000 in the bank just waiting to be spent,” said Jon Gambill, CRES Management information technology director.

Google doesn’t offer volume discounts for multi-dwelling unit owners, but is willing to accept installment payments over 12 months. Google has also promised to refund the installation fees in $25 monthly increments for each paying customer until the $300 per unit fee is returned. But if a renter opts for the free, slower Internet service Google provides, the landlord will have to absorb the installation cost.

“If people can get free Internet, they’re not going to pay for premium,” Gambill told the newspaper. “If someone doesn’t want to pay for Internet, they really don’t have to, but then we’ve lost out on that reimbursement.”

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