The Federal Communications Commission has quietly approved the acquisition of Alaska’s largest cable operator by John Malone’s Liberty Interactive with no deal conditions or consumer protections, despite fears the merger will lead to monopoly abuse.

The purchase of Alaska’s General Communications Inc. (GCI) in an all-stock deal valued at $1.12 billion was announced in April 2017. GCI currently offers cable TV and broadband service to 108,000 customers across Alaska, and runs a wireless company.

“We conclude that granting the applications serves the public interest,” the FCC wrote. “After thoroughly reviewing the proposed transaction and the record in this proceeding, we conclude that applicants are fully qualified to transfer control of the licenses and authorizations […] and that the transaction is unlikely to result in public interest harms.”

Various groups and Alaska’s largest phone company petitioned the FCC to deny the merger, claiming GCI’s existing predatory and discriminatory business practices would “continue and worsen upon consummation of the deal.”

Malone

Those objecting to the merger claimed GCI already has monopoly control over broadband-capable middle-mile facilities in “many locations in rural Alaska” and that GCI has refused to allow other service providers wholesale access to that network on “reasonable” terms. They also claimed GCI received substantial taxpayer funds to offer service in Alaska, but in turn charges monopoly rates to schools, libraries, and rural health care providers, as well as residential customers.

Essentially quoting from Liberty’s arguments countering the accusations, the FCC completely dismissed opponents’ claims, noting that Liberty does not provide service in Alaska, meaning there are no horizontal competitive effects that would allow GCI Liberty to control access to more facilities than it does now. On the contrary, the FCC ruled, the merger with a larger company meant the acquisition was good for Alaska.

“Rather than eliminating a potential competitor from the marketplace or combining adjacent entities in a manner that increases their ability to resist third-party competition, […] [this] transaction results in GCI becoming part of a diversified parent entity that will provide more resources for its existing Alaska operations.”

The FCC also rejected claims GCI engages in monopolistic, anti-competitive behavior, ruling that past claims of charging above-market prices are “not a basis for denying the proposed transaction because the allegations are non transaction-specific.”

“Although ACS [Alaska’s largest telephone company] claims that the transaction will exacerbate the behavior it finds objectionable, we see no reason to assume that GCI will have greater ability or incentive to discriminate against rivals in Alaska simply because it has access to more financial resources,” the FCC ruled. “To the contrary, the Commission has generally found that a transaction that could result in a licensee having access to greater resources from a larger company promotes competition, potentially resulting in greater innovation and reduced prices for consumers.”

GCI’s current internet plans are considered more expensive and usage capped than other providers.

In almost every instance, the FCC order approving the merger was in full and complete agreement with the arguments raised by Liberty Interactive in favor of the deal. This also allowed the FCC to reject in full any deal conditions that would have resulted in open access to GCI’s network on fair terms and a requirement to charge public institutions the same rates GCI charges its own employees and internal businesses.

The FCC also accepted at face value Liberty’s arguments that as a larger, more diversified company, it can invest in and operate GCI more reliably than its existing owners can.

“We find that this is likely to provide some benefit to consumers,” the FCC ruled. But the agency also noted that because Liberty executives did not specify that the deal will result in specific, additional deal commitments, “the amount of anticipated service improvements that are likely to result from the […] transaction are difficult to quantify.”

The Justice Department and the Federal Trade Commission earlier approved the merger deal. Most analysts expect the new company, GCI Liberty, exists only to allow Malone to structure the merger with little or no owed tax. Most anticipate that after the merger is complete, the company will be eventually turned over to Charter Communications, where it will operate under the Spectrum brand.

Charter Communications has been quietly testing a streaming video lineup of services on selected college campuses in its service area — so quiet very few students know or care about the service.

In Rochester, N.Y., Charter this year introduced SpectrumU at two suburban colleges – St. John Fisher and Nazareth College. The 50+ channel service at St. John Fisher includes five local network stations, but not the low-powered MyNetworkTV or secondary CW affiliate that are found on the traditional local cable lineup. According to Nazareth’s channel list, SpectrumU at the college comes from Spectrum Enterprise’s Fiber Connect service and lists six network affiliates on the lineup imported from Buffalo, a city 70 miles away. The service is accessible around each campus on the schools’ Wi-Fi networks.

Charter wants participating colleges to set aside a 1Gbps connection to manage Wi-Fi streaming for every 5,000 students on campus. Stop the Cap! found anecdotal evidence Charter may be dramatically overestimating how many students actually use the service. A recent visit to both campuses and guest participation in online college forums found almost zero interest in SpectrumU at either college. Students, it seems, have mostly moved on from linear, live television and do much of their viewing on-demand from other streaming services and apps.

Charter Communications kept publicity and expectations low for the service, setting the monthly subscription price for SpectrumU at $0.00. No password or authentication is required to use the service, and logging into the campus network is simple at schools like Nazareth, where the Wi-Fi password GoldenFlyers was easy to come by on and off campus. While driving around, we could easily access SpectrumU from Wi-Fi on streets surrounding St. John Fisher, although Nazareth’s wireless network was tougher to reach on a tree-lined campus set further back from the main road.

Television services at St. John Fisher College, located near Rochester, N.Y.

Charter dictates the terms and availability of the service, which requires participating schools to subscribe to Charter Spectrum’s Enterprise Fiber Connect service, which supports campus internet and video services. Schools must offer:

• Charter Clear QAM or fiber video services
• Charter fiber internet services (preferred)
• 1Gbps dedicated bandwidth per 5,000 students (~500 concurrent users) recommended
• Wi-Fi network utilizes WPA or WPA2 encryption
• Public IP addresses/ranges for whitelisting
• PAT IPs are supported
• IP requirements: IPv4: /24 – IPv6: /48
• AP’s consistent with current fifth generation Wi-Fi technology, 802.11ac (no older than fourth generation 802.11n)

SpectrumU is designed to work exclusively over Wi-Fi, and only with portable smartphones and tablets:

• iPhone, iPad, or iPod touch running iOS 8 or above
• All major Android smartphones and tablets running Android 4.2 or above
• Kindle Fire Phone, all Kindle Fire models except for the 1st generation model

There is no support for streaming set-top boxes like Roku or Apple TV and SpectrumU works differently from the QAM cable TV service available in many dorm rooms. Casting isn’t supported either. The Android version of the app only attracted 69 mixed reviews as of the date of this article.

Charter seems convinced SpectrumU will soon replace traditional internet video streaming, telling campus managers that the service will have “minimal impact if the school’s internet service is robust today, as SpectrumU usage will replace usage of other streaming apps.”

Students doubt it.

“I have never heard of SpectrumU and don’t care,” said Cody, a student we ran into in the parking lot at Nazareth. “I have Amazon Prime and Netflix and I’m good with that.”

Hobart and William Smith Colleges in Geneva, N.Y., are also an early adopter of SpectrumU.

Zephyr, a freshman at St. John Fisher who lives on campus said she doesn’t know anything about the service either, although a roommate in her friend’s dorm room brought their QAM-equipped television to school and can watch the campus TV lineup on it.

“Her boyfriend is a Buffalo Bills fan so he watches the games on her TV, but we really don’t watch it ourselves,” she told us. “Everyone has their own phone or tablet and most people are sharing  passwords from home to watch HBO, Hulu, or Amazon stuff.”

Dylan’s password trading brings him access to Hulu, Amazon, Netflix, CBS, and Sling TV. Even with SpectrumU available for free with no password required, he doesn’t care, preferring to watch on-demand content on his tablet or the PlayStation he brought to school.

“I don’t know anyone who watches Spectrum TV and their company sucks anyway,” said Dylan. “I hate ads and I pretty much only binge watch stuff now, so this is useless for me.”

A few students told us they did bring televisions to campus to watch live television, but many just use an antenna. Nazareth and St. John Fisher are only a short distance from Pinnacle Hill, the location for most Rochester television transmitters, and reception is easy.

“Televisions are what our parents watch,” Serena at Nazareth told us. “I don’t know anyone my age with cable.”

Stop the Cap! tested the Android version of the app at both colleges. It reminds us of Spectrum’s streaming TV app, only less capable. The app does not support DVR-type recording, pause and rewind, or on-demand services — things college students would probably look for the most. We experienced occasional buffering watching CNN in a parking lot, but note Wi-Fi signal strength was not ideal. We also found, despite warnings in student handbooks, a number of student-run hotspots and wireless access points. At one dorm at St. John Fisher, we found over 60 Wi-Fi signals competing with the college’s own wireless network.

Cable companies believe by offering cable services to college students, they will get hooked on those services and subscribe after they leave college. But evidence suggests those under 30 are increasingly unlikely to pay for a cable television subscription and are dubbed “cable-nevers” for having no interest in subscription television. They are, however, avid users of streaming services like Netflix and Hulu.

Even as millions of Spectrum subscribers began paying higher rates for programming and equipment this month, Charter Communications has sweetened the deal for its new customers by offering free DVR service with their triple play bundle of TV Select, internet, and voice service for $89.97/mo during the first year. The cable company will also reimburse customers up to $500 to cover any early termination/contract buyout fees for canceling their satellite or telephone company video package.

Charter’s “Strategic Accounts” department is handling the promotion, and it will benefit customers where there is significant competition between Spectrum and AT&T and Verizon or satellite providers like DirecTV and Dish Networks. Spectrum does not cover early termination fees from cell phone companies, and you must have subscribed to a “comparable level of service,” which disqualifies competitors like Hulu, Netflix, DirecTV Now, and Amazon.

Like the rebates Time Warner Cable used to offer customers, there is a specific process to submit documentation to qualify for this rebate, and skipping a step means… no rebate and no recourse. In addition to this FAQ, Stop the Cap! has this advice:

1. You must install and keep current a qualified Spectrum triple play package from the time you submit the rebate request until the day you receive a check.
2. You cannot have had Spectrum Video service within the last 30 days, something we’ll explain below.
3. Your account must not be past due.
4. You must submit a copy of your provider’s final bill showing itemized early termination fees actually billed to your account. Bank/credit card statements showing charges are not eligible.
5. You must complete the “Charter Contract Buyout Form” in full and submit it by e-mail or by mail to: Spectrum, 7800 Crescent Exec. Dr., Charlotte, NC 28217, ATTN: Strategic Accounts Dept. with your documentation. Try to make sure the names on both accounts match.
6. Your rebate request must be received by Charter within 60 days of installation of a Charter triple play package or within two weeks of the date listed on the competing provider’s final bill, whichever is later.
7. Charter will only reimburse you for the actual amount of the early termination fee, up to a maximum of $500. Cash the check within six months or lose it.

Charter insists customers who have had Spectrum Video service within the last 30 days cannot qualify for this rebate. This is an effort to close a loophole where an existing Spectrum customer cancels their regularly-priced cable service, switches to a competitor for a few weeks, and then promptly switches back to a Spectrum package at the new customer price, which also leaves Charter on the hook for paying the early termination fee charged by the other company. To avoid this, a customer would have to cancel Spectrum service, switch to a competitor for at least 31 days, and then switch back to Spectrum. That is likely to be a hassle for most people.

Customers who have participated in these rebate schemes in the past also warn that companies can reject a rebate if you do not have a “comparable” level of service with a competitor. In other words, if you signed up for a $20 basic video package and then head to Spectrum for a $90 triple play package, the company may not consider that “comparable.” “Comparable” can mean the dollar amount of the video package you have with a competitor or the combination of a satellite package with one provider and a broadband package with another. You can contact Charter directly and check if your existing package(s) qualify. If the representative says yes, write down the name of the person and keep it handy in case your rebate request is later rejected.

Charter says you won’t have long to wait for a rebate rejection or a check.

“When you submit your information to the Contract Buyout Team, your information goes through a verification process, which can take up to 5-7 business days. After approval, your check will arrive within 10 business days,” the company reports.

Other factors to consider:

• Cable TV equipment is required and costs extra ($5.99/mo per HD box or DVR for new customers).
• You will receive Spectrum’s base internet package, which is 60Mbps or 100Mbps in former TWC Maxx service areas. A $199 upgrade fee applies for faster speed.
• Installation fees apply. You can avoid them with a self-install kit which can be mailed or picked up at a Spectrum retail store at no extra charge.
• Fees and surcharges apply. The most important is the Broadcast TV Fee, which usually adds around $7.50 a month to your TV bill.
• Rates reset to Charter’s regular price at the end of one year. There is no contract, so you can cancel anytime.

A group of cable networks are teaming up to offer the first over-the-top online streaming cable TV package for sports haters.

Philo TV, expected to soft launch within a few weeks, is a sports-free television package of popular cable networks expected to sell for under $20/month.

Instead of ESPN and Fox Sports, Philo TV will concentrate on dramas, documentaries, kids shows, reality television, and original productions aired on cable networks owned by the venture’s partners — Discovery Communications, Viacom, AMC Networks, A+E Networks and Scripps Networks Interactive.

That guarantees networks like Food TV, HGTV, Discovery, AMC, Comedy Central, A&E, Nickelodeon, and other popular general interest cable networks will be on the lineup.

The partners elected to work with Philo TV, an existing venture supplying skinny bundles of cable programming on college campuses around the country. Based on Philo’s college TV lineups, it is not a stretch to assume the new streaming service will also include networks like The Weather Channel, CNN, FOX News, tru-TV, Animal Planet, National Geographic, MSNBC, History Channel, BBC America, Game Show Network, Hallmark, Spike TV, USA, Cartoon Network, Lifetime, Syfy, and perhaps even the Disney Channel.

The service is not expected to include over-the-air stations, but the exclusion of sports means plenty of savings for sports-loathing viewers. Sports programming fees are by far the highest of any network costs for cable and satellite providers. Eliminating costly networks like ESPN saves the average cable company at least $6 a month for that network alone.

The “Philo” venture is named after Philo Farnsworth, the American inventor of an all-electronic television system still partly in use today, which quickly dispensed with the earlier electro-mechanical television systems that preceded it.

Philo isn’t necessarily going to be limited to online streaming. The company is exploring cutting deals with existing phone and cable companies to distribute the package as a competing alternative to today’s bloated cable television packages.

Those interested in being notified about the venture’s imminent launch can register their email address or mobile number on Philo’s website.

Spectrum customers will be paying more for their cable TV and broadband service starting in August, according to notifications now starting to appear on customers’ bills around the country.

Important Billing Update. At Spectrum, we continue to enhance our services, offer more of the best entertainment choices and deliver the best value. We are committed to offering you products and services we are sure you will enjoy.

Effective with your next billing statement, pricing will be adjusted for:

• Broadcast TV Surcharge from [generally between $4-6] to $7.50. This reflects costs incurred from local Broadcast TV stations.

• Spectrum Receivers from $4.99 to $5.99 (per receiver).

• Internet Services from $53.99 to $54.99 (for standard 60 or 100Mbps service, depending on area, per modem and bundled with cable TV).

The average customer will see a rate hike of about $4-5 a month as a result. Customers on promotional Spectrum plans may not see a rate change immediately, but all cable TV customers will be subject to the Broadcast TV surcharge, because it is not a part of a promotional package.

Charter traditionally reviews its rates twice a year.

Charter Communications has also updated its Privacy Policy, which takes effect on Aug. 1, 2017. Customers can opt out of targeted emails, targeted marketing campaigns, and targeted TV ad inserts sent to your cable boxes.