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)

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.

State and local officials gather to welcome Comcast’s state-funded service expansion in western Massachusetts. (From left to right: MBI chairman Peter Larkin; Carolyn Kirk, deputy secretary of the Executive Office of Housing and Economic Development; Michael Parker, senior vice president for Comcast’s Western New England region; Lt. Gov. Karyn Polito; Kevin Hart, former chair of the Montague Broadband Committee; and Rep. Stephen Kulik, D-Worthington.) (Image: MBI )

Two years after Republican Massachusetts Gov. Charlie Baker imposed a state-mandated “pause” on WiredWest, a collaborative, multi-community, publicly owned fiber to the home broadband network for western Massachusetts, Comcast is celebrating the introduction of expanded service in the towns of Buckland, Chester, Conway, Hardwick, Huntington, Montague, Northfield, Pelham and Shelburne, made possible with a $4 million taxpayer-funded grant to the nation’s largest cable operator.

While state officials continually questioned the economics of WiredWest, which by that time enrolled more than 7,000 eager would-be customers with $49 deposits, Comcast repeatedly declared it was “uneconomic” to provide broadband service to most rural western Massachusetts communities, at least until state officials paid the cable giant millions of dollars to reach 1,089 previously unserved homes and businesses in the nine towns, effectively giving Comcast a broadband monopoly.

“We were pleased to work with Comcast, who met the two-year timeline we set to deliver critical 21st-century broadband connections to more homes and businesses,” said Lt. Gov. Karyn Polito in a press release this week. She called the project “a great example of a public-private partnership” that would help resolve rural Massachusetts broadband problems.

WiredWest could not have met Polito’s two-year timeline, primarily because the collaborative has been blocked and ambushed repeatedly after Democratic Gov. Deval Patrick left office. State officials in Boston and the Massachusetts Broadband Institute (MBI), responsible for funding broadband initiatives, began a campaign of fear, uncertainty, and doubt about the project shortly after Gov. Baker took office, culminating in recommendations from then-MBI director Eric Nakajima imploring towns not to sign agreements with WiredWest, and eventually withholding critical funding from the broadband cooperative, questioning its governance and operating model.

It soon became clear Gov. Baker preferred an industry solution to the rural broadband problem, which caused broadband advocate Susan Crawford to slam the decision in early 2017.

“This is the story of a dramatic failure of imagination and vision at the state level: Governor Charlie Baker’s apparent insistence that Massachusetts relegate small towns to second-rate, high-priced, monopoly-controlled (and unregulated) communications capacity,” Crawford wrote. “It’s a slow-rolling tragedy that will blight western Massachusetts for generations.”

A divide and conquer campaign to peel off communities from the WiredWest project has been underway for years. Earlier this year, MBI dangled $3.1 million in grants available exclusively to Charter Communications to build out its network in several towns in the region. When asked if those taxpayer dollars would be available to publicly owned broadband projects like WiredWest, Peter Larkin, MBI’s current board chairman, responded “no.”

Despite the roadblocks, many of the communities staying loyal to the WiredWest concept have hired Westfield Gas & Electric’s ‘Whip City Fiber’ division to help design and construct their own fiber to the home networks, which will be superior to what Charter or Comcast plans for the region.

For exasperated residents and businesses who have waited more than four years for broadband, the politics and constant delays have become secondary issues to getting broadband… from somewhere. That may explain why Kevin Hart, who frequently objected to Comcast’s proposal to build an inferior copper-fiber network while chairing the Montague Broadband Committee, suddenly switched sides and praised the Comcast project this week for its timely introduction of broadband service.

In contrast, Montague Broadband Committee member Robert Steinberg in 2016 called Comcast’s cash infusion from taxpayers “corporate welfare.”

WWLP in Springfield reports several towns are getting expanded cable and broadband service from Comcast. (1:21)

An attorney for Charter Communications revealed that company officials and New York telecom regulators were engaged in a “productive dialogue” over how to resolve the state’s dispute with the cable operator.

In written requests to extend the deadlines for a rehearing of the decision to revoke Charter’s merger with Time Warner Cable and file an “exit plan” to leave New York State, Helmer revealed the two sides were engaged in substantial talks to resolve their differences.

“Good cause exists to further extend the deadlines [….],” wrote Maureen O. Helmer, counsel for Charter Communications. “Charter and the Department [of Public Service] have been involved over the past few weeks in productive dialogue regarding the July Orders as well as the related special proceeding initiated by the Commission in the Supreme Court.”

Helmer added that Charter has been “assembling additional information” about its criticized rural broadband expansion program for review by the Public Service Commission, which decided in late July to evict Charter/Spectrum from New York for consistently failing to meet its merger obligations with the state.

Charter’s lawyer suggests it is in the Commission’s best interest to accept additional delays in the deadlines to file a rehearing appeal of the July eviction order (requesting an extension until Oct. 10, 2018) and to file an orderly exit plan (requesting an extension until Nov. 8, 2018).

“A further extension would allow additional time for discussions between Charter and the Department before the initiation by Charter of additional Commission or court proceedings. Additional proceedings before the Commission and/or the courts would have the potential to divert the resources of both Charter and the Department from discussions regarding both orders, and could have the effect of making it more difficult to resolve the issues raised by the orders without litigation,” Helmer wrote.

There is an increasing likelihood the Public Service Commission’s July order effectively throwing Charter Communications out of New York State was actually a hardball, last-ditch negotiating tactic, potentially to extract additional conditions and more rigid compliance with the orders of the Public Service Commission.

Charter officials originally claimed the July eviction order was an example of election year politics by the governor and a striking union. New York Gov. Andrew Cuomo, who has repeatedly slammed Charter/Spectrum for its performance in New York, is running for re-election. The International Brotherhood of Electrical Workers (IBEW) also continues to strike Charter in the New York City area, attracting support from local politicians.

A Commission that is amenable to Charter’s request for a second delay in meeting its deadlines to file paperwork would send a clear signal the PSC is no longer intent on throwing the cable operator out of the state.

The PSC’s July order rescinding the approval of Charter’s acquisition of Time Warner Cable was based ironically, in part, on Charter’s frequent failure to meet the state’s deadlines.

Downdetector shows a major service outage for Spectrum customers in Central Florida.

A widespread service outage affecting Spectrum customers in central Florida that began Sunday caused a crowd of 100-150 customers to turn out at a Spectrum office on Semoran Boulevard in Orlando this morning to switch cable boxes or cancel service.

Customers lost television service Sunday evening and the outage continues in many areas, leaving thousands without service for more than 14 hours. Orange County Public Schools spent this morning without internet service, also provided by Spectrum. The school district e-mailed parents:

“OCPS families, we want to make you aware that throughout our community the internet and networks are down throughout due to issues with Spectrum. This outage is impacting many of our schools. At this time, Spectrum cannot provide a timeframe for restoration of service. We want to make you aware that contacting schools may be limited due to the outages. We also want to assure you our digital classrooms are always prepared to adjust to such circumstances as they can use blended methods for learning so instruction can continue regardless of problems with the internet. Thank you for your support. We will update you as we get new information.”

Many customers are angry about what they perceive as a deterioration in service after Charter Communications acquired Bright House Networks.

“It seems like since Spectrum has taken over from Bright House, every time the wind blows, the cable and the boxes go out and you have to come down here and stand in a line to change a box. It’s a waste,” Spectrum customer George Roberts told WFTV.

Communities affected include: Orlando and surrounding suburbs, Cape Canaveral, Sanford, Daytona Beach, Sky Lake, Palm Coast, and beyond.

“The storms last night caused damage to operations impacting customers in the Central Florida region,” said Spectrum spokesperson Joe Durkin. “I won’t speculate on completion but as Spectrum engineers are working to restore full video services to our customers and as time goes on – some areas are coming back. We confirm there’s no internet outage at all that could still be affecting Orange County Public Schools.”

Spectrum, like most cable operators, will not issue a service outage credit unless customers specifically request one. The best way to do that is to login to Spectrum’s website and use online chat or call your local cable office and ask for a service outage credit.

WFTV in Orlando reports angry crowds gathered at a Orlando Spectrum cable store to switch boxes or cancel service because of a service outage impacting Central Florida. (2:08)