Modem fees are back for some customers.

Spectrum appears to be sneaking modem fees back into the equation three years after telling regulators one of the benefits of Charter Communications’ acquisition of Bright House Networks and Time Warner Cable was that Spectrum customers don’t pay modem fees.

Effective April 1st, new Spectrum customers are being charged a one-time fee of $9.99 to either pick up or have shipped a cable modem for self-installation. If a technician installs it for you, the fee is $49.99.

“The one where you’re essentially paying them to go to the store, wait in line, get the modem, and then go home to install it all by yourself is especially nifty,” writes ‘rseiler,’ a forum participant on DSL Reports.

“Just wait for the ‘Bring your own modem’ $9.99 one-time activation fee, since that will be next,” predicted user ‘Techguru30.’

For now, however, the only way to avoid this fee is to activate your own customer-owned modem.

Comcast is giving some of its customers a way to get back unlimited data for their home broadband connection without having to spend an extra $50 for an unlimited data add-on.

The cable operator is offering customers in parts of its Central Division its xFi Advanced Gateway — a combination cable modem and router — that comes bundled with unlimited data, xFi Advanced Security, and a Home Wi-Fi Assessment for an extra $15 a month. That amounts to $4 a month more than the cost of renting Comcast’s traditional xFi Gateway buys and also buys you a return ticket to unlimited internet service.

Comcast has also offered some new customers unlimited service in time-limited promotions, but this seems to be permanent, assuming Comcast offers it in your area.

The xFi Advanced Gateway with unlimited data appears to have quietly launched last fall, but so far it has not expanded to Comcast service areas outside of its Central U.S. division, which includes (Heartland) Michigan, Indiana, Kentucky and Arkansas, (Big South) Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, Tennessee, and Virginia, plus the state of Florida and the greater Chicago area. Comcast says it has 17 states in its Central Division, but we could not find a definitive list that includes the three other states not listed here.

Interested customers will have to contact Comcast to determine if their area qualifies for this offer.

If you are a Comcast customer already paying an extra $50 a month for unlimited data, this could save you a considerable amount of money, assuming you live in a qualified area and don’t mind using their gateway.

A $174.2 million consumer fraud settlement has been reached between outgoing New York Attorney General Barbara D. Underwood and Charter Communications, delivering $62.5 million in direct refunds to some customers in former Time Warner Cable Maxx territories in New York State and free premium and streaming services for all current New York customers.

The settlement, likely the largest ever reached with an Internet Service Provider (ISP), comes in response to a 2017 lawsuit filed by former Attorney General Eric Schneiderman, accusing Time Warner Cable of short-changing customers on broadband speed and reliability, by knowingly advertising internet speeds it could not deliver. Time Warner Cable was acquired by Charter Communications in 2016.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement allows Charter to admit no wrongdoing, but the company is required to compensate Spectrum customers in New York and reform its marketing practices. Going forward, Spectrum must offer evidence through regular speed testing that the company can actually deliver advertised speeds. Charter is also required to continue network investments in New York to improve its internet service.

Lawsuit History

Schneiderman

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or Wi-Fi connection – even though, in real-world use, internet speeds are routinely slower via Wi-Fi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division.

Underwood

The Settlement

Under the settlement, New Yorkers will be qualified to receive different levels of compensation as a result of the settlement. Here is what customers can expect:

Only current Charter Spectrum internet customers (including those on legacy Time Warner Cable internet plans) can receive benefits under this settlement. If you do not have service today, but had it in the past, you do not qualify for relief.

Cash Refunds

Only customers living in areas upgraded to Time Warner Cable Maxx service can receive cash compensation. At the time of the lawsuit, this included much of New York City area, the Hudson Valley, parts of the Capital Region, and Syracuse-Central New York. Additionally, the customer must have subscribed to a Time Warner Cable legacy speed plan of 100 Mbps or higher. (Customers in non-Maxx areas including Buffalo/WNY, Rochester-Finger Lakes Region, Binghamton, and the North Country will not receive financial compensation.)

If you did subscribe to 100+ Mbps Time Warner Cable service and still subscribe to either your original legacy plan or have since upgraded to a Spectrum plan, you may qualify for:

• a $75 refund (700,000 subscribers) if you were supplied an inadequate cable modem or Wi-Fi router by Time Warner Cable.
• an additional $75 refund (150,000 subscribers) if you were leasing an inadequate cable modem for 24 months or longer.

You do not need to take any action to get these refunds. Charter Spectrum will notify eligible subscribers about the settlement and provide refunds within 120 days. (If you previously received a refund for being supplied with an inadequate modem, you are ineligible for this cash refund).

Free Services

Only former TWC Maxx customers qualify for cash refunds.

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers (both Spectrum and legacy Time Warner Cable plans qualify):

If you currently subscribe to both Spectrum Internet and TV service, you qualify for three free months of HBO or six free months of Showtime. (If you already subscribe to these premium movie channels, you are ineligible for this part of the settlement. If you subscribe to one, but not both of these networks, select the one you do not currently receive.)

If you currently subscribe to internet-only service from Spectrum, you will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement. Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

Pro-Consumer Reform

New York also secured groundbreaking reforms in how Charter Spectrum conducts business. Underwood believes these guidelines could serve as a guide for other states to eventually adopt, delivering consumer benefits to cable subscribers everywhere. For now, New York consumers can expect:

• Internet Speed Proof of Performance: Charter must describe internet speeds as “wired,” disclose wireless speeds may vary, and mention that the number of concurrent users and device limitations will impact your actual internet speed. These disclosures must be made in all marketing materials and ad campaigns. Additionally, Spectrum must regularly certify through actual speed testing that it can deliver the speeds it advertises or discontinue any speed plan that cannot be substantiated.
• Truth in Advertising: Charter Spectrum cannot make unsubstantiated claims about the speed required for different internet activities (eg. streaming, gaming, browsing). It also must not advertise internet service as reliable (eg. no buffering, no slowdowns), or guarantee Wi-Fi speed without proof.
• Equipment Reforms: Charter must provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service, promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods, and implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers.
• Sales and Customer Service Retraining: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over Wi-Fi.

Today’s settlement has no bearing on the well-publicized dispute between the New York Public Service Commission and Charter that led the Commission to cancel approval of Charter’s acquisition of Time Warner Cable. Last summer, the Commission voted to throw Spectrum out of the state, but ongoing negotiations between the PSC and Charter are also likely to culminate in a similar settlement including cash fines and new commitments from the cable operator.

Comcast’s Cyber Monday promotions failed to include in its advertised prices up to $31.25 in monthly surcharges.

Comcast will use two mandatory surcharges to hike cable TV customers’ rates on Jan. 1, including those on promotional or fixed contract pricing, while also raising the optional modem rental fee to a record $13 a month — a new industry high.

• Broadcast TV Surcharge (varies per market) will increase to $10.00 a month.
• Regional Sports Network Fee (varies per market) will increase to $8.25 a month.
• Most customers will see an increase of about $3.75 a month for cable television.
• The modem rental fee, shown on the bill as “Internet/Voice Equipment Rental” will increase $2, to $13 a month.

Cord Cutters News first reported the rate increases. Ars Technica noted Comcast raised the broadcast TV fee from $6.50 to $8 and the sports fee from $4.50 to $6.50 about one year ago, making these two mandatory surcharges a lucrative source for extra revenue. Comcast does not waive these fees (or future increases) for its cable TV customers, even those on new customer promotions. The company boosted modem rental fees $1 a month in 2017. Now it wants an extra $2, but customers can easily avoid that fee by buying their own cable modem, which will quickly pay for itself.

Comcast typically raises rates in different cities over the course of a year, so only some customers will experience the rate increase on Jan. 1, but by the end of 2019, all Comcast customers will see a higher bill.

The use of surcharges to implement hidden rate increases is controversial. Comcast and other cable companies can and do advertise their services without including increasingly steep surcharges and fees, which can dramatically raise the bill far beyond what companies advertise.

A typical Comcast customer offered a 2018 Cyber Monday bundle of television and internet, advertised for as little as $49.99 a month, would pay an additional $31.25 a month in surcharges, not including an additional outlet service fee if a customer wants to watch on one more than television set.

MLCC chips

The Trump Administration’s trade war with the global supply chain may worsen an already growing electronic parts shortage that is affecting cable modem production.

Fierce Cable reports smaller cable operators are being warned to expect price increases due to an ongoing shortage of multilayer ceramic chip capacitors (MLCC’s), an important part in cable modems. That warning came in an email message sent by the National Cable Telecommunications Cooperative, a group that helps independent cable companies pool resources to get group discounts on cable television programming and equipment.

“NCTC is continuing to track the impact of this issue on our supply chain, and we will communicate price changes and lead time delays as we learn of them,” the email read. “Member operators should be aware that the order delays and price increases can be significant, so place your blanket orders as soon as you possibly can.”

Some smaller cable operators are already affected, with one midwestern provider telling Fierce Cable his company cannot even place orders with some DOCSIS 3.0 modem vendors.

“Arris and Hitron told us we can’t get 24 or 32 [channel] modems, with no estimated timeframe,” the executive told Fierce. “Only about 20,000 are available, possibly in August, for the whole country from various vendors.”

There are multiple challenges impacting the electronic industry these days:

• increasing demand among manufacturers incorporating more electronic parts into products like appliances, automobiles, monitored medical equipment, and the wireless industry.
• growing concern over the Trump Administration’s escalating trade tariffs on items manufactured in China. The first $35 billion in new tariffs will impact important components like batteries, capacitors and touchscreens.
• increasing lead times to complete orders for electronic components are exacerbating shortages. An order for MLCC chips now takes up to 50 weeks to complete by some manufacturers.

As supplies of electronic components tighten, the first response is to raise prices to curtail demand. As the shortage worsens, buyers face quantity limits and/or refused orders. Some of the worst shortages now affect MLCCs, resistors, semiconductors, and graphics cards.

Last week, President Trump threatened to sharply escalate the trade conflict with China, asking his administration to identify an additional $200 billion in imported goods from China to be penalized with additional tariffs.