Home » charter communications » Recent Articles:

Charter Settlement Talks With New York Officials Proving Fruitful; Spectrum Likely Staying

Charter Communications’ ongoing settlement talks with the New York Public Service Commission are “productive” and will likely result in a final settlement agreement allowing Spectrum to continue operating in New York.

Today, the Public Service Commission formally approved a third extension for Charter, allowing the cable company to hold off filing an orderly exit plan and an appeal of the order revoking approval of Charter’s acquisition of Time Warner Cable in New York State. Department of Public Service (DPS) staff recommended one last 45-day extension to allow settlement discussions to continue and conclude.

“These discussions have been productive and should continue. However, DPS Staff believes that the Commission should direct that any request granted in response to Charter’s most recent filing be final in form and that any additional time allowed must either result in a settlement agreement being presented to the Commission or the cessation of settlement talks and a resumption of the processes outlined in the Revocation and Compliance Orders, unless good cause is shown by both parties,” wrote John J. Sipos, acting general counsel for the Public Service Commission. “This will ensure that progress is made or that in the event a settlement is not reached, that there is certainty as to the expectations on the parties going forward.”

DPS staff identified nine principles guiding discussions towards a final settlement:

  1. All addresses that are counted toward Charter’s obligations must further the Commission’s statements that service be provided to those in less densely populated areas (i.e., Upstate N.Y.).
  2. Addresses counted toward Charter’s obligations must not have had network previously passing the address or high speed broadband service available from a competitor. As the Commission has previously noted, New York City is one of the most wired cities in America, with much of the City served by multiple providers. Thus, the focus of the buildout should be in Upstate N.Y.
  3. Overlap between Charter’s proposed buildout Upstate and those areas awarded by the Broadband Program Office should be minimized or eliminated to the maximum extent practicable.
  4. The goal of DPS Staff and New York State is to ensure that the maximum number of New York State residents have wireline cable and broadband networks available to them.
  5. Charter’s violations of the January 8, 2016 order and September 2017 Settlement Agreement must be addressed.
  6. Going forward, the scope of changes allowed to be made to the buildout plan should be limited in order to provide certainty to New Yorkers as to when Charter’s network will pass their homes and businesses.
  7. Safety is of paramount importance to New York State and that, regardless of any targets agreed to, all work must be done safely.
  8. Company representations regarding the buildout and compliance with PSC orders must be truthful.
  9. The buildout schedule must establish concrete and enforceable consequences should Charter fail to meet its obligations.

Because the ongoing discussions have been conducted in private, without input from interested third parties (including Stop the Cap!) and the public, the revelation of the “nine principles” are the first indication the public has that the Commission’s staff has limited the scope of its negotiations to the rural broadband buildout obligation contained in the original merger approval order. This also coincides with Gov. Andrew Cuomo’s high-profile commitment to expand broadband availability to every New York resident, one of the achievements the governor cites in his re-election campaign. Charter’s participation is essential to the program achieving its objectives, because rural broadband funding has been diverted to addresses not identified as targets for Charter’s rural broadband buildout.

Gov. Andrew Cuomo announcing rural broadband initiatives in New York.

Charter ran into trouble with the Commission because it failed to initially meet its buildout targets for 2017 and progress further faltered in 2018. The Commission argues Charter attempted to mask the problem by counting new passings in urban areas towards its broadband expansion commitment, including many addresses in the New York City area. When Charter balked at the Commission’s broad disqualification of Charter’s progress reports, many that included locations outside the intended goal of the rural expansion effort, the PSC hastily met in July and revoked approval of the original merger agreement, directly threatening Charter’s ability to provide Spectrum service in the state.

A vocal group of consumers among the 78,000 rural New Yorkers without access to cable, DSL, fiber, or wireless broadband are also calling out the governor and the Broadband Program Office (BPO) for bait and switch rural broadband. They accuse the governor of promising to get broadband service to every New York home or business that wants it, but quietly capitulating on that commitment by assigning tens of thousands of rural New Yorkers satellite internet service from HughesNet, widely criticized for not consistently meeting broadband speed standards and offering heavily usage capped service at very high prices.

Because the DPS has set a goal to minimize overlap of Charter’s planned expansion areas with addresses designated for BPO-funded HughesNet service, the Commission will indefinitely prevent satellite customers from getting other practical internet options, because many of these locations are high-cost service areas. Stop the Cap! urged the Commission to consider requiring Charter to further expand its rural broadband commitment as a penalty for earlier transgressions, specifically targeting as many satellite-designated addresses as practical, even if HughesNet has already received BPO funding to serve those locations.

Dampier

“The commitment should be to protect the interests of the public, not the assigned provider,” said Phillip Dampier, director and founder of Stop the Cap! “The Commission’s goal to maximize the number of New York addresses where wireline cable and broadband networks are available is laudable. But this goal is immediately abandoned in areas designated for satellite service. Satellite internet access has rarely, if ever, been considered by broadband regulators to be a suitable replacement for wired internet access. Satellite internet access has proven again and again to be a frustrating and inadequate broadband solution.”

“We are talking about a very small percentage of places where overlapped funding may occur, potentially giving these rural New Yorkers two options for internet access instead of one,” Dampier added. “There is no conflict with the public interest if it means these customers have the option of a much faster, unlimited internet access plan — something HughesNet does not and will not offer in the foreseeable future.”

Stop the Cap! argues without a better option for residents stuck with satellite, the governor has broken his promise and commitment to these left-behind New Yorkers.

“In many cases, these addresses are literally just down the road from the nearest Spectrum customer,” Dampier noted. “Niagara County, for example, is hardly in the middle of the Adirondacks and is heavily wired by Spectrum/Time Warner Cable already. Is it too much to ask to push them to do more?”

John B. Rhodes, chairman of the New York Public Service Commission, signed an order granting the extension, but acknowledged the lack of broadband service in counties where Spectrum offers service to some residents but not others is a point of contention.

“Many Upstate New Yorkers living in Charter’s franchise areas are understandably frustrated by the lack of modern communications infrastructure,” Rhodes wrote. “The Compliance and Revocation Orders [revoking the merger] were designed to deal with very serious issues presented by Charter’s conduct related to the company’s network expansion. As such, the processes envisioned therein must continue in the absence of an agreement.”

Telecom Lobby Sues California to Block State’s Net Neutrality Law

WASHINGTON (Reuters) – Four industry groups representing major internet providers and cable companies filed suit on Wednesday seeking to block California’s new law to mandate net neutrality rules.

The groups represent companies including AT&T Inc, Verizon Communications Inc, Comcast Corp and Charter Communications Inc. The lawsuit came after the U.S. Justice Department on Sunday filed its own lawsuit to block the new law.

The lawsuit filed by the American Cable Association, CTIA – The Wireless Association, NCTA – The Internet & Television Association and USTelecom – The Broadband Association, called California’s law a “classic example of unconstitutional state regulation” and urged the court to block it before it is set to take effect Jan. 1.

U.S. Attorney General Jeff Sessions said on Sunday in a statement that the “the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy.”

This marked the latest clash between the Trump administration and California, which have sparred over environmental, immigration and other hot-button issues.

In December, the Federal Communications Commission said in repealing the Obama-era rules that it was preempting states from setting their own rules governing internet access.

California Attorney General Xavier Becerra said on Sunday the Trump Administration was ignoring “millions of Americans who voiced strong support for net neutrality rules.”

The Trump administration rules were a win for internet providers but opposed by companies like Facebook Inc, Amazon.com Inc and Alphabet Inc.

Under President Donald Trump, the FCC voted 3-2 in December along party lines to reverse rules that barred internet service providers from blocking or throttling traffic or offering paid fast lanes, also known as paid prioritization.

In August, 22 states and a coalition of trade groups representing major tech companies urged a federal appeals court to reinstate the rules. The states argue that the FCC cannot preempt state rule because it is not setting any limits on conduct by internet providers.

A federal judge on Monday set a Nov. 14 hearing in Sacramento on the Justice Department lawsuit.

Comcast & Spectrum Open Up Free Wi-Fi Service in Georgia and the Carolinas

Hurricane Florence

Comcast and Charter Communications are providing free and open access to more than 12,000 Wi-Fi hotspots in Georgia and the Carolinas as Hurricane Florence begins impacting the three states.

“In response to Hurricane Florence, we have opened up more than 5,100 Spectrum Wi-Fi hotspots in North and South Carolina. These hotspots are open to all users until further notice in coastal communities like Wilmington, N.C., and Myrtle Beach, S.C., as well as inland to the Charlotte, Raleigh-Durham, Fayetteville and Greensboro areas,” Charter said in a statement.

To connect your device, look for the “SpectrumWiFi” network under your device’s WiFi settings in Charter service areas, “xfinitywifi” in Comcast country.

“It’s critical that impacted residents are able to communicate during challenging weather events such as Hurricane Florence,” said Doug Guthrie, regional senior vice president for Comcast.

As a result, Comcast is opening up almost 7,000 hotspots in Augusta and Savannah, Ga., and Charleston, S.C. Both cable companies are welcoming subscribers and non-subscribers alike.

Hurricane Florence, although currently downgraded to a Category 2 hurricane, remains a vast hurricane with a large wind field of hurricane force winds, and will likely pummel the region until Saturday. Combined with intense rainfall and catastrophic storm surges, devastation is likely along coastal regions of all three states. Duke Energy, which serves North and South Carolina, anticipates extended outages for at least three million customers during Hurricane Florence.

As of 5 p.m. ET Thursday, the center of Florence was 100 miles east-southeast of Wilmington, N.C. and 155 miles east of Myrtle Beach, S.C. The hurricane has slowed to just 5 mph.

Other states likely to be impacted by flooding rains, storm surge, and winds are Maryland and Virginia.

Actual landfall of Florence is not expected until at least Friday afternoon, according to Neil Jacobs at the National Oceanic and Atmospheric Administration (NOAA).

Cable outages are often a result of power outages. If electricity goes out in an area, cable services will go as well, and remain unavailable until power is restored. If cable infrastructure is also damaged, service won’t return when electricity does and outages should be reported to the cable company. Traditional landline service is powered independent of the electric grid. Report any service outages to the telephone company.

If infrastructure is severely damaged, it could take several weeks to restore electric, phone, and cable service after a major hurricane.

N.Y. PSC’s Diane Burman Objects to Special Session Voting Charter/Spectrum Out of New York

Phillip Dampier September 12, 2018 Charter Spectrum, Consumer News, Public Policy & Gov't, Video No Comments

Burman

New York State Public Service Commissioner Diane Burman today voted against motions to give Charter Communications more time to develop its six month exit plan to leave New York and a motion to get more time to file a rehearing request about Charter’s alleged violations of merger conditions governing its behavior in the state.

Burman’s opposition was rooted in her irritation over PSC Chairman John Rhodes’ decision to hold an unscheduled special session of the Commission on July 27 (which Burman did not attend because of a scheduled family vacation) where the three remaining commissioners all voted to cancel approval of the Merger Order allowing Charter Communications to acquire Time Warner Cable in New York State.

“I believe it was wrong to have that special session and I don’t believe that the rationale for it is the right one,” Burman told her fellow commissioners this morning at a regularly scheduled Commission Session. “I think it is a slippery slope that there was a special session without me present and that is concerning.”

Burman argued the Commission’s recent approval of time extensions in the Charter case could set a precedent that could take the regulatory agency down a road where companies like Charter and other utilities could delay proceedings by having informal private talks with Commission staff. As a result, Charter has effectively stopped the Commission’s clock on pre-determined deadlines like a 30-day limit to file a petition asking the Commission for a rehearing.

“The message that I fear we are sending is if there is an order that someone disagrees with and they are going to file a petition for rehearing […] if they are engaged in ‘productive’ dialogue, whatever that term may be, between the staff, we can wait for the petition for rehearing to be filed past the 30 days,” Burman argued. “For me, the impactful piece of it is that by saying ‘don’t file now’ we are blocking the [regulatory and public notice] process and the opportunity to start that clock so that people have the opportunity to comment on what we may be doing, which may be helpful.”

Because the Commission has approved delays allowing Charter company officials and the Commission to continue privately discussing matters, none of those conversations are on the public record and no groups, including Stop the Cap!, can scrutinize the discussions and file comments about those conversations, Commission decisions that may result from those talks, or suggest alternative corrective measures to consider.

The PSC’s counsel this morning admitted the Commission and Charter were engaged in active settlement discussions, but it isn’t known if those talks relate to overturning the Commission’s decision to banish Charter from the state or are about more procedural matters such as how Charter plans to hand over cable service to another entity.

“I think there are lessons to be learned from having the special session without me there and I do think that going forward, we need to be more cognizant of taking into consideration what the perception is by not having the full Commission body, minus one because there is a vacancy, [vote together on matters of great consequence like this] regardless of whether counsel believes there is an appropriate quorum or not,” Burman added.

The final vote on both measures extending deadlines in Charter’s favor was 3-1. Both measures passed.

N.Y. PSC Commissioner Diane Burman opposed the extension of the deadline for Charter Communications to file its plans to leave New York State and to request a rehearing of a July decision revoking their merger with Time Warner Cable in New York. (29:26)

Investigation: Spectrum’s Best Discounts Go Only to Areas With Robust Competition

Spectrum customers living in areas wired for fiber optics get substantially better discounts for longer periods of time than those living in areas where anemic phone company DSL service is the only competition.

Charter Communications, like many cable operators, asks all prospective customers to enter their complete mailing address, claiming prices “vary per location.” What the company does not say is that it maintains a database of addresses where fiber-fast competition is currently available and only offers the best deals to those locations.

In Rochester, N.Y., Spectrum competitor Greenlight Networks has made headway installing fiber to the home service in select neighborhoods in the city and suburbs. As fiber service becomes available, some Spectrum customers start switching to Greenlight, which markets 100/20 Mbps service for $50/mo, 500/50 Mbps for $75/mo, or 1,000/100 Mbps for $100/mo. In response, to keep customers, Spectrum offers 24 months of reduced pricing on its internet package. But your address must match Spectrum’s database as being within a competitive service area. Otherwise, the deals will not be so good.

Stop the Cap! found dramatic differences in prices between addresses nearly across a street from one another – one wired for Greenlight Fiber, the other not.

Competitive Area (Spectrum, Frontier DSL, Greenlight fiber-to-the-home service)

Spectrum Ultra (400 Mbps): $44.99/month for 24 months (free upgrade from Standard 100 Mbps package)

All promotions last 24 months

Free Wi-Fi Service

No installation or set up fee*

Non-Competitive Area (Spectrum, Frontier DSL)

Spectrum Standard (100 Mbps): $44.99/month for 12 months (for Ultra 400 Mbps, add $25/mo)

All promotions last 12 months

Wi-Fi Service is $5/month

$49.99 professional installation fee required for Ultra 400 Mbps service*

In Greenlight service areas, Spectrum now undercuts Greenlight’s pricing by offering Spectrum Ultra 400 Mbps service for $5 less than what Greenlight charges for 100 Mbps.

“Racerbob,” a DSL Reports reader in Webster, N.Y., discovered the same “enhanced offers” as an ex-Spectrum customer. He switched to Greenlight three months ago. He discovered if he added a Spectrum cable TV package, the price for 400 Mbps Ultra internet service dropped even lower, to $39.99 a month for two years.

In all, a sample package he assembled delivered dramatic savings, but only if a robust competitor like Greenlight was also offering service to his address:

Addresses used for comparison were in zip code 14618, with verified access to Greenlight at a street address to represent the “competitive” service area and verification Greenlight was not available at the address used for “non-competitive” service area. *-Although a setup fee was found on the final checkout page in both competitive and non-competitive service areas, it was only actually charged in non-competitive service areas during our investigation.

Search This Site:

Contributions:

Recent Comments:

  • Victor Bosnich: Have been trying to return this junk and get my refund of $100+ for months, finally had chat with technician, told him situation, he sent me to next p...
  • Jr: Can I still use the same wifi router they gave me? I'm going to get the Netgear but it says I need a router to get WiFi so what do I do?...
  • RJ: I get great service from Charter with Internet. Their upload speed sucks so they need to upgrade, innovate and get Full duplex going. I'd love to have...
  • Inga Nobles: Forgot password and username I'm enquiring about the promotion samsung chromebook...
  • fhall1: The PSC should also make a point of extending other "conditions" that were agreed to as part of the TWC buyout. For example - data caps. Spectrum ag...
  • Frontier Employee: I am a current Frontier Employee and I can promise you that the company's lack of concern for those less fortunate does not solely reside with its cus...
  • JayS: The MVNO US Mobile has just changed their 'Unlimited talk & Text + data plans' similar to what you have indicated. The Unlimited Talk & Text ...
  • Peter: I made three appointments over a period of three weeks ... the tech serviceman never showed ... and they never contacted me to tell me why. When I ca...
  • Joe: liveTexas, how much did YouTube pay you for that ridiculous post?...
  • liveTexas: What's the Big Deal here, y'all? Watching TV on Cable, Satellite or Other Independent sources ALL have ads to view a program. Why the Fuss , no, MADNE...
  • Phillip Dampier: I have a feeling since this is a new plan designated with a new code number identifier, you will be able to make a change. This isn't a new customer p...
  • Phillip Dampier: Almost everything is more competitive than the Canadian wireless hegemony....

Your Account: