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Time Warner Cable Customers – Your Price to Cover Executive Golden Parachutes, Deal Fees: $19.48 Each

Phillip Dampier June 2, 2015 Charter Spectrum, Consumer News 4 Comments

money grabEach of 15.4 million Time Warner Cable customers will effectively pay $19.48 to cover executive golden parachutes and Wall Street bank advisory fees if the merger with Charter Communications is approved by regulators.

Five senior executives at Time Warner Cable will split $200 million with an additional $100+ million going to a variety of investment banks that provided advice for the merger deal.

A required filing with regulators disclosed the exit bonuses likely to be paid to the departing executives of Time Warner Cable, some who have been in those positions for less than two years:

  • CEO Robert Marcus, who has served in that role for only a year and a half, will receive roughly $4.5 million in salary, $23 million in bonuses and stock worth $74 million. His total golden parachute: $102 million;
  • COO Dinesh Jain: $32 million;
  • CFO Arthur Minson: $32 million;
  • General Counsel Marc Lawrence-Apfelbaum: $22 million;
  • Chief Strategy Officer Peter C. Stern: $18 million.

Ironically, golden parachutes were originally designed to protect shareholders from executives’ self-interest. Instead of interfering in merger and acquisition deals to protect their salaries and positions, the incentive of a generous exit bonus encouraged executives to do the right thing for shareholders.

charter twc bh

Wall Street investment banks participating in the deal are also handsomely compensated for a few weeks of “advice.”

Together, the banks will share an estimated $100 million to $150 million in fees, according to Thomson Reuters and Freeman Consulting Services. The lucky ones — Morgan Stanley, Citigroup, Centerview Partners and Allen & Company — advised Time Warner Cable and get 60 percent of the proceeds. The pickings are slimmer for a larger pool of banks that advised Charter, some that will only get to earn based on their role financing the deal. The biggest winners on the Charter side are omnipresent Goldman Sachs along with the tiny firm LionTree Advisors (which barely has a website). LionTree enjoys the confidence of John Malone, who uses them often in similar deals. These two firms will split $30-50 million.

Charter executives will benefit from the deal later, when future demands for bigger compensation packages are met.

twc repairAmong investors, a handful of hedge funds will likely walk away with the most money. Paulson & Company, run by the billionaire John Paulson, owned 8.7 million shares of Time Warner Cable stock, according to a March 31 public filing. He is expected to walk away with a profit of at least $250 million by buying low and selling high. Time Warner shares have risen ever since Wall Street found out Time Warner was a willing seller.

So who is likely to lose the most from the deal? Customers, employees and middle management.

If approved, Time Warner Cable and Bright House Networks customers will become customers of Charter Communications, a considerably indebted company with mediocre customer service ratings and a menu of service options carefully designed to boost the average revenue Charter collects from each of its customers. Charter is likely to endure growing pains common when a company swallows another four times larger than itself. Bright House customers will likely see the changes the most. Its customer service ratings are stellar when compared against Charter and Time Warner Cable.

Middle management positions at Time Warner Cable and Bright House deemed redundant in the era of New Charter will be eliminated. At even bigger risk are call center and customer service positions. Charter Communications has already beefed up its own customer service operations, partly for its customers and those it assumed it would gain from a deal with Comcast and Time Warner Cable. Charter was also to be closely involved in supporting the GreatLand Connections spinoff proposed in that failed deal. With excess customer service capacity, Charter is in a position to consolidate or close several Time Warner Cable and Bright House call centers. Charter has also aggressively pursued savings by offering customers more self-service options, such as mailing set-top boxes and cable modems customers can install themselves. Whether Charter decides to outsource more of its cable service technician positions is not yet known.

Western Mass. Voters Stampede for Fiber Optic Broadband in Communities Big Telecom Ignored

WiredWestLogoFeb2015Bypassed in favor of richer opportunities to the east, western Massachusetts residents are empowering their communities to deliver 21st century broadband the big cable and phone companies have neglected to offer.

One of the largest public co-op broadband networks ever attempted is racking up huge wins so far in referendums being held in 32 towns across the region. The vote is needed to secure financing for construction of the last mile of the network in each community, delivering fiber optic service to individual homes and businesses.

Last summer the Massachusetts legislature passed the IT Bond Bill, which included $50 million to support critical last mile network construction efforts in unserved parts of the Commonwealth. But the rest of the money has to come from residents of each unserved community. A two-thirds vote is needed in each town to finance these construction expenses and at least 40% of residents must pre-register for service and pay a refundable deposit of $49, which will be applied to their first month’s bill. So far, more than 4,000 households have done exactly that, showing good faith in a project that won’t begin delivering service for an estimated 2-3 years.

As votes take place across the region, the response has been remarkable, with the warrant article passing overwhelmingly. In one town, it was even unanimous.

The excitement in western Massachusetts rivals a Google Fiber announcement. Reports indicate broadband-supporting crowds well exceeded the capacity of meeting rooms. In Cummington, the overflow left people in the hallways. In Plainfield, they gave up on their designated meeting room and moved everyone to the church across the street. In Shutesbury, even the gym and overflow areas weren’t enough. Some residents ended up on the preschool playground looking for an open spot. Nine communities for better broadband, zero opposed, with many more to go.

In small communities, signing up 40% of residents in advance can be a challenge. In Washington, it was achieved only hours before the approval meeting. In Middlefield, an additional 100 households are needed as that community is only at 14% of their signup goal. Montgomery needs 85 more backers as they sit at 39% of goal, and in Peru — 111 at 33% to goal.

For broadband in western Massachusetts, the vote is nothing less than a referendum on moving forward or getting left behind indefinitely.

ww-2015-1

Wired West’s co-op of communities in western Massachusetts.

But as is the case with every public broadband project we know, there are detractors who don’t like any form of government running anything. Others are frightened because of inflated scare stories about a project’s cost, often spread by interest groups funded by the same big cable and phone companies that are not now providing adequate service and don’t want the competition. Some others mean well, but are underinformed about the realities of delivering broadband in rural communities, always believing a better answer lies elsewhere and is just around the corner. Unfortunately, it always seems to be just out of reach.

Hussain Hamdan of Hawley, has launched a one-man war on public broadband, actively seeking signatures on a petition to pull his community of 347 out of the project, claiming it is too costly. Hamdan argues wireless broadband is a more suitable solution for the town. His petition, signed by at least 36 residents, wants no part of the WiredWest initiative, but he’d go further. Hamdan proposes to outlaw municipal utility services altogether, forbid selectmen or other town boards from appropriating a single penny for any WiredWest project, prohibit spending on postage for any mailings discussing public broadband, and even making sure town officials attending a function on municipal broadband are not reimbursed for their mileage expenses. Coincidentally, another Hamdan petition seeks the right to recall elected officials, ensuring any ousted politician cannot be re-elected to office for at least three years. (Hamdan denies his recall election proposal targets any town official specifically.)

Despite all this, Hamdan claims he is for bringing high-speed Internet access to town, just not through WiredWest. Unfortunately for the 300+ other residents of Hawley that did not sign the petition, Hamdan’s enthusiasm for alternative service has not been matched by a single interested provider seeking to fill Hawley’s broadband chasm.

Because Mr. Hamdan didn’t do his homework, we have, and here are the “alternatives” Hawley residents can actually consider:

Convincing Time Warner Cable to Come to Town

cable3Assuming Time Warner Cable was somehow persuaded to offer service, as they already do in parts of western Massachusetts, they will expect considerable compensation to extend their cable network to a community that fails to meet their Return on Investment requirements. It will be an uphill battle. Next door in upstate New York, Time Warner Cable needed $5.3 million in taxpayer incentives just to expand service to, at most, 5,320 homes or businesses around the state that were already close to existing Time Warner service areas, but had no access to cable before. Conclusion: Time Warner Cable already serves the areas they feel comfortable serving.

Mark Williams, who lives in Lee – Berkshire County, wanted Time Warner Cable service at his home. Lee has franchised Time Warner Cable to provide service throughout the community, so Williams didn’t think twice about ordering service. When the company arrived, it found his driveway was 100 feet too long.

Time Warner has a formula that determines who will pay to install necessary infrastructure. If a certain number of properties are located within a specific radius, they cover the costs. If a community isn’t presently served, if residents live too far apart, or have an unusual property, Time Warner expects the town or resident to cover part of their costs. In Williams’ case, $12,000 was initially quoted to wire his home back in 2010. Because Time Warner had already committed to provide service in the area, the bad publicity that resulted from that installation fee forced Time Warner to back down. But in unserved communities, the costs spiral even higher. Residents on the fringe of a cable coverage area are routinely quoted, $15,000, $20,000, even $35,000 just to get a cable line extended to a single home from a nearby street. We’re not sure how far away Hawley is from the nearest Time Warner Cable service area, but it is a safe bet the company would need enormous taxpayer-funded incentives from local residents to extend universal cable service in the community.

If both Time Warner and WiredWest were providing service side-by-side in Hawley today, residents would pay Time Warner Cable $911/yr for 20Mbps Turbo Internet broadband, including the $8/mo modem lease fee or $588/yr to WiredWest for 25Mbps broadband. WiredWest would save residents $323 a year — and help pay off its infrastructure costs while keeping the money in the community.

Assuming Time Warner Cable is never going to be an option, which we think is likely, the wireless alternatives suggested by Hamdan largely do not exist at this time, are unfeasible, or no longer meet the FCC’s minimum definition of broadband.

White Space Broadband: Can It Work in Western Mass.?

First, let’s consider “white space” broadband – high-speed wireless Internet access delivered over unused TV channels. At the moment, this service is still in the experimental stages in most areas, but as Stop the Cap! previously reported, it has promise for rural communities. Unfortunately, despite Hawley’s small size and rural location, the current database of available free channels to offer white space Internet access in the area is discouraging, based on the address of the community’s town office on Pudding Hollow Drive. There are just six open channels because of an abundance of TV signals in Connecticut, Vermont, Massachusetts, and New York that get precedence. Of these six, there are just four optimal choices – UHF channels 14-17. In our previous story highlighting Thurman, N.Y.’s white space project, there are 17 open channels in that area, none on VHF or reserved for radio astronomy. Feel free to use the database to see how many open channels are available in your local area.

Not much room at the Inn.

Not much room at the inn. White space broadband will be a challenge in signal-dense northeastern states.

But the news may be even worse. The FCC is currently preparing to “repack” the UHF dial around the country by consolidating existing stations on a smaller number of channels. The freed up bandwidth will be auctioned off to cell phone companies to boost their networks. This month, we learned the wireless industry’s largest lobbying group is pushing hard to force other users to vacate “their” spectrum the moment they begin testing on those frequencies. Interference concerns and the dense number of TV signals already operating in the northeastern U.S. means it is very likely communities like Hawley will have even less opportunity to explore white space broadband as an option.

What About Wireless ISPs?

Second, there are traditional Wireless ISPs (WISPs) which do a reasonably good job reaching very sparsely populated areas, as long as customers are willing to sacrifice speed and pay higher costs.

BlazeWIFI advertises service in the rural community of Warwick, Mass (zip code: 01378). But it is anything but a bargain. The least expensive plan is $99.99 a month and that offers the dismally slow speed of 1.5Mbps for downloading and only 512kbps for uploading. It also includes a data cap of 25GB a month. That is slowband and a last resort. It’s more expensive, it’s slower, and it is usage-capped.

Some WISPs offer faster service, but few are equipped to handle the FCC’s definition of 25Mbps as the minimum speed to qualify as broadband. In short, this technology may eventually be replaced by white space broadband where speeds and capacity are higher, as long as suitable unused channel space exists.

wireless neverlandWhat About Wireless Home Internet Plans from AT&T, Verizon Wireless?

Third, there are wireless broadband solutions from the cell phone providers. Only Hawley residents can decide for themselves whether AT&T and Verizon Wireless deliver robust reception inside the community. If they do, both companies offer wireless home Internet service.

The base charge for AT&T’s plan is $20 for unlimited nationwide phone calling + $60/mo for a 10GB Wireless Home Internet Plan. There is a 2-yr contract and a $150 early termination fee. Since the average household now uses between 15-50GB of Internet service per month (lower end for retired couples, 35GB median usage for AT&T DSL customers, but even more for young or large families), you have to upgrade the plan right from the start. A more suitable 20GB plan is $90/month. A 30GB plan runs $120 a month. The overlimit fee is $10/GB if you run over your plan’s limit. You will also be billed “taxes & federal & state universal service charges, Reg. Cost Recovery Charge (up to $1.25), gross receipts surcharge, Admin. Fee & other gov’t assessments which are not gov’t req’d charges.” Verizon’s plan is similar.

You must have robust cell coverage for this service to work and be ready for speeds of 5-20Mbps, getting slower as more customers join a cell tower. The lowest rate available runs about $90 a month after taxes and fees are calculated and you need to switch it off when you approach 10GB of usage to avoid additional fees.

What is the Best Option?

No broadband? No sale.

No broadband? No sale.

As we have seen across the United States, communities offered the possibility of fiber optic Internet are embracing it, some even begging for the technology. There is simply no better future-proof, high-capacity broadband technology available. But installing it has been costly – a fact every provider has dealt with. Most rural providers treat fiber optic technology as an investment in the future because it has very low maintenance costs, is infinitely upgradable, and can offer a foundation on which current and future high-bandwidth online projects can expand.

The fact is, western Massachusetts has been left behind by Comcast and Time Warner Cable, as well as Verizon. Nobody in the private sector is coming to the rescue. Verizon has stopped expanding its FiOS fiber network and all signs point to its growing interest in exiting the landline and wired broadband business altogether in favor of its higher profit Verizon Wireless. Cable operators strictly adhere to a Return on Investment formula and will not expand service areas without major taxpayer support.

In communities in more conservative states like Tennessee and North Carolina, the obvious choice was for local governments and municipal power companies to provide the service other providers won’t. Despite the industry funded scare stories, projects like EPB Fiber in Chattanooga and GreenLight in Wilson, N.C., are doing just fine and attract new businesses and jobs into both regions. They offer far superior service to what the local cable and phone company offer in those areas.

It is unfortunate rural residents have to effectively pay more to get a service urban areas already have, but to go without would be disastrous for school-age children, local entrepreneurs, agribusiness workers, and tele-medicine.

Mr. Hamdan argues Hawley cannot afford WiredWest. But if one looks deeper at the alternatives, it becomes clear Hawley can’t afford not to be a part of a service that is likely to be ubiquitous across the region. Even those not interested in the Internet can ask any realtor how important Internet access is to a homebuyer that considers inadequate broadband a deal-breaker. That could cost much more than the $350/yr Mr. Hamdan theoretically suggests WiredWest will cost Hawley.

Mr. Hamdan offers no real answers for his community about alternatives that are available, affordable, and capable of providing the kind of service WiredWest is proposing. Voters should carefully consider the economic impact of leaving their community in a broadband backwater as the rest of the region advances towards fiber optic broadband. That is the cost that is too high to pay.

[flv]http://www.phillipdampier.com/video/Wired West Western Mass broadband woes 1-15.mp4[/flv]

Wired West project coordinators didn’t have to go far to hear broadband horror stories in western Massachusetts, which has some of the worst Internet access in the world. (17:51)

Charter Communications Tightening Credit Standards and Collections Activity

Phillip Dampier May 4, 2015 Charter Spectrum, Consumer News Comments Off on Charter Communications Tightening Credit Standards and Collections Activity

charter spectrum logoYour credit worthiness now plays a more important factor in determining whether you can sign up for service with Charter Communications, and if you fail to pay the company has stepped up collection efforts to bring past due or canceled accounts up to date.

Charter Communications reported to investors it lost more than 7,000 video customers during the first quarter of 2015, many lost to the company’s tightened credit policies. Customers with challenged credit will be asked to pay a substantial deposit before cable service will be provided and those who lost service will have to bring their accounts current before service can be restored.

Thomas Rutledge, CEO of Charter Communications, told investors on the company’s quarterly conference call Charter could no longer depend on picking up video customers that used to steal analog cable service. Charter largely terminated analog service last year, forcing unauthorized customers to subscribe legally or find another provider.

Rutledge

Rutledge

Charter is hoping its new Spectrum Guide software, now being tested, will help improve video service for customers. The new cloud-based user interface is supposed to make search and discovery easier and better supports Charter’s on-demand video offerings. Spectrum Guide is expected to launch in Reno and St. Louis in the next few months.

“Over the coming months, we’ll increase the number of on-demand titles we have on our set-top boxes and on the Charter TV app by a factor of three,” said Rutledge. “The coming months will also see the wider rollout of our Worldbox, our new more advanced and less expensive downloadable security infrastructure in several markets.”

Rutledge emphasized Charter intends to continue emphasizing its full video packages and will not follow others testing slimmed down packages and a-la-carte channel selection. Rutledge told investors he doubts any of the current lower-priced packages with fewer TV channels will prove compelling to customers.

Charter’s chief financial officer reported Charter spent $23 million on transition costs related to the company’s failed deal with Comcast to spin off certain customers to a new entity – GreatLand Connections, which has since been terminated. That contributed to an increase in the company’s expenses, joined by increasing cable programming costs.

Rutledge called the Comcast transaction “distracting” and its all-digital conversion project “very disruptive” to customers.

“I guess when you think about our incentives as a company, our biggest opportunity was the transaction that was in front of us,” Rutledge said. “We were about to divest 40% of our business. And so, our focus was somewhat distracted. But all in all, the operational issues of changing – credit policies changing year-over-year, outcomes as a result of the termination of the all-digital project and the management of the service issues around the all-digital project, we’re comfortable with where we are, and we are comfortable with our growth prospects for the year.”

Comcast Refused to Allow St. Paul Man to Cancel Cable Service After His Home Burned to the Ground

Phillip Dampier April 13, 2015 Comcast/Xfinity, Consumer News 4 Comments
Ware's home was destroyed, but his cable service lived on. (Image: Pioneer Press)

Ware’s home was destroyed, but his cable service lived on. (Image: Pioneer Press)

A St. Paul, Minn. man lost his home and everything in it after a wind-driven fire destroyed two North End homes on April 1.

As Jimmy Ware (66) tried to put his life back together, his daughter argued with Comcast to turn off cable service at her father’s address.

It took more than ten days and many phone calls to get the cable company to finally turn Ware’s service off, but not until it had managed to irritate his daughter, who wanted to spend her time helping her father find a new home and get back on his feet without the benefit of fire insurance, which Ware lacked.

Jessica Schmidt ran into a Comcast bureaucratic roadblock with the first phone call. Comcast insisted on getting Ware’s account number, which disappeared along with everything else in the fire. Because Schmidt was not listed as an authorized point of contact in Comcast’s records, she made a three-way call with her father to bring him into the conversation. The Comcast representative asked for the last four digits of his Social Security number, but even that didn’t satisfy, and Comcast refused to stop billing Ware for service.

“I’ve said to Comcast, ‘Here’s your choice, disconnect the service or send someone out to fix the cable, because it’s not working,’ ” Schmidt said in a story reported by the Pioneer Press. “The (Comcast) guy said, ‘That doesn’t make sense, because the house burned down.’ I said, ‘Exactly, shut the service off.’ ”

comcastNo.

Four or five calls later, Schmidt heard back from Comcast’s corporate office who finally agreed to cancel service, backdated to April 1st. They also promised Ware would not be bothered a second time from collection efforts to pay for the cable equipment burned in the fire that would normally cost hundreds.

Comcast explained it initially refused to cancel Ware’s cable service for his protection.

“We understand that this is a difficult time for Mr. Ware and apologize for the inconvenience,” wrote Comcast spokeswoman Mary Beth Schubert in a statement. “Comcast has safeguards in place to protect the privacy of our customers, including not allowing unauthorized users to make changes to a customer’s account. We do provide the option for customers to designate others, such as family members, to make authorized account changes and verifying an account can normally be done either over the phone or in person with a driver’s license.”

Ware’s neighbors had a better experience skipping Comcast’s customer service hotline and visiting a local Comcast cable store instead. With a family member present, the Comcast representative was able to locate the customer’s account details and canceled service without issue.

Comcast: Bill First, Ask Questions Later (or Never); Attorney Pelted With Collection Letters/Calls for Non-Service

comcast collectionsA Pennsylvania attorney that didn’t pay his $215 Comcast bill was hounded by Comcast’s collections crew despite never getting cable service at his new address.

Wayne resident Edmond Tiryak would seem like a poor target for cable company harassment. He’s a lawyer after all. But even he withered after a month of unrelenting phone calls and letters demanding he pay his bill for non-service.

Tiryak had a peaceful 25-year relationship with Comcast until he moved last October. After three weeks of no-show appointments, waits on hold of up to 40 minutes and lots of excuses, Comcast never bothered to hook up service at his new address. But that didn’t stop the cable company from billing Tiryak $215 for his first month, in advance.

Calling Comcast to the debate the veracity of the bill turned out to be an exercise in futility. Comcast’s offshore call center insists they know best — Tiryak has cable service because the computer says he does. The fact Tiryak lives at the address and claims he doesn’t is beside the point. The only important matter is how Tiryak would like to pay – Visa, Mastercard, Discover? The fact he still doesn’t have service is, well, incidental.

A reasonable person would refuse to pay and insist on an investigation by a supervisor to verify Comcast is MIA at the Tiryak residence. But Comcast has a collections department that could wear down Vladimir Putin and they know how to use it.

Two months later, the attorney pleaded with Inquirer business columnist Jeff Gelles to help get Comcast off his back.

“By the time he contacted me in January, Tiryak had given up in frustration and was just fighting to get the $215 bill erased,” Gelles wrote. “Even four letters to Comcast’s president hadn’t done the trick.”

Some quick media attention is an excellent way to get Comcast’s attention, at least for a little while, and Tiryak was initially pleased to report the charges had been zeroed out.

Phillip "Comcast channels Genghis Khan" Dampier

Phillip “Comcast channels Genghis Khan” Dampier

But then Comcast’s collections department changed their mind after dreaming about that $215 in lost revenue, and started calling Tiryak again.

Gelles forwarded on the complaint about the resumed harassment collection calls to Comcast and received yet another promise all would be made right.

“It’s astonishing to me that they would take a really good customer, who’s been with them 25 years, and basically just treat me as if I’m nothing – as if I’m useless to them,” Tiryak told Gelles.

A long-standing pattern of Comcast customer complaints suggests Tiryak should not be surprised.

Gelles gently reminded readers in Comcast’s hometown that the free market works best when customers have an alternative when stuck in an abusive relationship with the cable company. But deregulated capitalism hands out gold stars for monopoly building consolidation. Tiryak, like so many others, landed on Comcast’s Park Place and now they have to pay.

The solution to the chronic dyspepsia resulting from repeated exposure to Comcast isn’t Verizon, which has capitulated on further expansion of its competing FiOS fiber to the home service to focus on counting Verizon Wireless coin. Instead of phantom competition that never arrives, the FCC’s recent decision to provide checks and balances for cocky, deregulated behemoth cable companies like Comcast might be the best answer for now.

Despite industry claims that an apocalypse would result from applying any “utility-style” regulation like that used to keep AT&T in check during its monopoly years, consumer advocates suggest Comcast’s passive-aggressive behavior could be managed with one phone call to a state regulator.

Geldes asked the former director of consumer services for the Pennsylvania Public Utility Commission about how the agency would handle Tiryak’s complaint, if it were empowered to do so:

Under PUC rules, he says, after a utility investigates a dispute, it has to ask whether the consumer is satisfied. “If the customer says no, the company is required to give the PUC’s number for making an informal complaint,” he says. That is usually enough to solve most issues, he says. The agency also monitors nagging problems like long hold times for calls and occasionally intervenes.

Telephone companies used to dread the prospect of dealing with a customer complaint escalated to the New York Public Service Commission. Repair crews were often dispatched within an hour and generous service credits and apologies were routine. But the impact lived on for years after that. Customer service agents looking up account information on a customer who previously complained to the PSC about anything would find their computer terminal lit up like a Christmas tree, alerting them they were dealing with a customer that doesn’t play.

Recalling that era makes one wonder if regulating the biggest bad boys on the block — cable companies running wild — might not be such a bad idea after all.

Nothing else has worked.

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