A Los Angeles man has reached the boiling point after two years of telemarketing calls from Charter Communications that turn out to be the result of a wrong number.

William L. McCarthy filed a complaint on Aug. 12 with the U.S. District Court for the Central District of California alleging Charter Communications of California LLC has harassed him with telemarketing calls intended for someone else.

McCarthy’s complaint states Charter has calling his phone number to talk to Monique Smith, someone McCarthy doesn’t know. Despite requesting at least 12 times that Charter remove his phone number from their telemarketing lists, the calls just kept on coming with the help of an automatic dialer, in violation of the Telephone Consumer Protection Act.

McCarthy wants a jury trial, seeks statutory damages, legal fees, and whatever other relief the court finds reasonable.

Charter has an expansive history of aggravating customers with relentless telemarketing calls:

2013: “I have never been more harassed by spam telemarketing/calling in my life than from Charter Communications and they already have my business! It’s unbelievable to me how many times they call per week (average of 8 times), never leaving a message, and they only call to “promote an upgrade of my services” every time. They continue to call even after I have asked them multiple times to stop calling me and that I don’t want to upgrade, period. They literally take telemarketing spam to a whole new level. All seven of their numbers that they have tried calling me on (including “unknown”/blocked numbers), I have saved to my phone as “Charter Spam” so I know it’s them calling me and don’t pick up. Only problem is, if you don’t pick up with one number, they’ll continue to call you but from their other 100 numbers.”

From a blog: “As a Charter customer, it’s very annoying to be constantly bombarded by telemarketing calls. Charter is relentless. No matter how much you ask them not to call you, they will continue and the reps are very aggressive. They are exempt from the National Do Not Call Registry because there is a business/customer relationship. At one point, I was contacted 16 times within two weeks from their 909-259-XXXX number. They do change the number that appears on the caller ID. Sometimes I have gotten the 404 area code.”

2014: “I don’t even have their services yet and I have received 19 calls in 5 days. NINETEEN! And, those are only the ones I haven’t answered!”

In late 2015, Missouri Attorney General Chris Koster filed a lawsuit in federal court against Charter Communications for violating federal and state telemarketing and No-Call laws. Unwanted telemarketing calls and harassing treatment by telemarketers annually rank highest on the list of complaints received by the Attorney General’s Office. 

His office alone received 350 No-Call complaints about harassing practices by Charter’s telemarketers. Many consumers complained about daily calls from Charter, and some consumers received up to three calls a day. The calls were an attempt to sell Charter’s cable, internet and phone services.

Time Warner Cable Arena is no more.

After Charter Communications completed its acquisition of TWC, it discovered it had work to do rebranding all-things-TWC, including the Charlotte, N.C., sports arena that is home to the Charlotte Hornets.

Charter will be spending its time and resources rechristening the arena “Spectrum Center” in time for the new NBA season starting in late October. Charter’s suite of products is branded “Spectrum,” much the same way Comcast calls many of its products “XFINITY.”

The Charlotte-arena originally opened in 2005 and Time Warner Cable acquired the naming rights back in 2008.

Maxx is dead.

Charter Communications executives told Wall Street analysts that Time Warner Cable’s upgrade program has been suspended, to be replaced with Charter’s own previously announced plan of upgrades and “simplified pricing” sometime in 2017.

Time Warner Cable was responsible for a lot of the capital expenditures underway at the combined Charter-TWC-Bright House venture just before the merger deal closed in May. Christopher L. Winfrey, Charter’s chief financial officer and executive vice president, told investors Time Warner was on a small spending binge, rushing in orders for new cable broadband technology to hurry Maxx upgrades to customers before Charter took over operations.

Winfrey eased Wall Street’s concerns about Time Warner Cable spending 21% of revenue on capital expenditures during the last quarter, promising the more modest upgrades forthcoming from Charter will allow for future spending reductions. More immediately, Winfrey reassured investors the days of Time Warner Cable’s aggressive Maxx upgrade effort was over.

“There is, obviously, the significant amount of all-digital activity that was continuing at TWC,” Winfrey told analysts. “And that will be largely put on hold as we put in the Charter all-digital strategy the beginning of next year.”

Charter plans to cancel upgrades that would have established multiple Time Warner Cable speed tiers ranging from 50-300Mbps. Instead, Charter will roll out two speed tiers to Time Warner Cable customers — 60Mbps for around $60 a month and 100Mbps for around $100 a month for broadband-only customers.

Rutledge

“In the fall, we will begin to rebrand Time Warner Cable and Bright House and launch our Spectrum pricing and packaging in a number of key markets totaling over 40% of our acquired passings with the remainder in the first half of 2017,” said Charter CEO Thomas Rutledge.

Customers in certain states — notably New York — will be able to keep their current Time Warner Cable package for several years. Customers in other states will be pushed harder to transition into Charter’s simplified tiers.

“In 2017, the all-digital project at Time Warner Cable and Bright House markets will use the Charter all-digital strategy, which uses fully functioning two-way set-top boxes with video on demand and advanced guide functionality on every TV outlet,” said Rutledge. “We expect the project to be completed by 2018. We will also extend our practice of performing electronic connections instead of physical truck rolls as we go all-digital, allowing us to fully scale our self-installation and self-service practices.”

Charter only advertises 60Mbps internet access to most customers on its website.

“Our plan is to have Spectrum Guide available in most Legacy Charter markets by the end of this year,” added Rutledge, referring to the on-screen channel guide. “We will launch Spectrum Guide in TWC’s larger markets by the middle of 2017 and other TWC and Bright House markets following through the year and likely continuing through 2018 as we complete the all-digital project.”

Rutledge was critical of Time Warner Cable and Bright House’s myriad of service tiers and prices.

“Through different metrics and stages of development, we can see that TWC and more recently, Bright House had both become reliant on rate increases and retention offers, each of which has various short and long-term effects including encouraging customers to initiate more transactions,” Rutledge said. “We’ve addressed these types of issues at Legacy Charter and we’ll do so at TWC and Bright House during the Spectrum pricing and packaging migration.”

That means Charter intends to dramatically cut the number of service and pricing options and convince customers to stop switching to promotional offers that they eventually abandon when the promotion ends. Charter prefers stable prices for services and reducing the amount of customer retention packages they have to offer to price-sensitive customers. As prices reset and increase, increased call volumes results as customers negotiate for a better deal. Removing the incentive to negotiate is seen as a cost saving maneuver and keeps customers on Charter’s regular price packages longer.

Thanks, Gov. Cuomo

In Gov. Andrew Cuomo’s zeal to take credit for broadband enhancements across New York State, he also took partial-credit for convincing Charter Communications to speed its plan to deliver internet speeds of 100Mbps across upstate New York by early 2017, calling it “sweeping progress toward achieving its nation-leading goal of broadband for all.”

Unfortunately for New Yorkers, the governor forgot to mention his plan, coupled with the state government’s approval of Charter’s merger with Time Warner Cable, will actually result in slower and more expensive broadband for all of upstate New York.

“Access to high-speed internet is critical to keeping pace with the rising demands of the modern economy,” said Gov. Andrew Cuomo. “The New NY Broadband Program is advancing our vision for inclusive, interconnected communities that empower individuals, support small businesses, and advance innovation. These actions are a major step forward in creating the most robust broadband infrastructure network in the nation, and ensuring that reliable, high-speed internet is available to all New Yorkers.”

While the governor’s goals for rural broadband expansion in New York are laudable and have actually produced significant results, his belief in Charter’s broadband enhancement plan is misplaced and will actually leave cities in upstate New York at a serious broadband speed disadvantage that could remain an indefinite problem.

It is difficult to admit that New York was better off leaving Time Warner Cable as the dominant cable operator in New York State. As we warned last fall in our testimony to the N.Y. Public Service Commission, Charter’s merger proposal included promises of broadband enhancements considerably less robust than what Time Warner Cable had already undertaken on its own initiative. Time Warner Cable Maxx would have brought upstate New York free speed upgrades ranging from 50/5Mbps for Standard internet customers (up from 15/1Mbps) to 300/20Mbps (up from 50/5Mbps) for customers subscribed to Time Warner’s Ultimate tier.

Charter only advertises its 60Mbps tier. You have to dig through their website to discover they also sell 100Mbps, for $100 a month and usually a $200 installation fee.

Charter this week made it clear those Maxx upgrades are dead, except in areas where they have already been introduced. Instead, upstate New York (and likely other Maxx-less areas around the country) will get two internet speed tiers instead: 60 and 100Mbps.

Getting 100Mbps is better than 50Mbps, at least until you check the price. Customers should be sitting down for this. Charter’s 100Mbps tier costs $100 a month after a one-year promotional rate and often includes a one-time $200 installation fee. In contrast, Time Warner Cable charges about $65 a month for 300/20Mbps internet-only service, which incrementally rises after one year if you don’t threaten to cancel service. There is usually no installation or upgrade fee.

This is the “benefit” Gov. Cuomo is touting?

In fact, with Charter Communications to be the overwhelmingly dominant cable operator throughout upstate New York, this leaves cities like Buffalo, Rochester, Syracuse, Albany, and Binghamton in a relative broadband swamp. While cities of similar sizes in other states are qualifying for Google Fiber, AT&T’s gigabit fiber upgrade, or fiber to the home service from community-owned broadband providers, Charter’s competition includes a barely trying Frontier Communications which still offers little more than slow speed DSL, Verizon Communications which stopped expanding FiOS in New York (except Fire Island) in 2010, and a handful of small independent phone companies and fiber overbuilders serving very limited service areas.

Charter is still required to offer 300Mbps service… by 2019 in New York as part of a commitment to regulators we fought for and won. That represents a speed equal to Time Warner Cable Maxx, but Charter has three years to offer what many New Yorkers either already had or were slated to get by next year from Time Warner Cable for much less money.

It takes chutzpah to proclaim broadband victory from this kind of avoidable defeat. Gov. Cuomo’s plan for better broadband allows Charter to cheat millions of New Yorkers out of Time Warner’s much better upgrade that was scheduled to be finished this summer in Central New York and ready to commence in Rochester this fall and Buffalo early next year. The governor should be on the phone with Charter management today insisting that all of New York get the 300Mbps internet service Time Warner Cable was planning for this state. Anything less leaves New York worse off, not better.

Consider again this cold, hard reality: Time Warner Cable was the better option — that is how bad things are in New York.

Upstate cities considering their economic future must not rely on the state or federal government to solve their broadband problems. Considering what Charter and Gov. Cuomo are proposing, waiting for the cable company to make life better isn’t a solution either. The only alternative is for local community leaders to start taking control of their own broadband destiny and launch community-owned, gigabit-capable, fiber to the home service. Charter won’t do it, Frontier can’t, and Verizon is too busy making piles of money from its wireless network to worry if your city will ever have 21st century internet access it needs to compete in the digital economy.

Governor Andrew M. Cuomo yesterday announced that the “New NY Broadband Program” is well on its way to achieving “sweeping progress toward achieving its nation-leading goal of broadband for all” New Yorkers.

The governor claimed that 97% of New York residents will have access to high-speed internet access by 2017, with a vague goal of serving 100% of New Yorkers by the end of 2018.

To do this, Gov. Cuomo relies heavily on the state’s new and overwhelmingly dominant cable operator – Charter Communications, which closed on its acquisition of Time Warner Cable earlier this summer. A press release promoting the governor’s efforts quotes Charter’s executive vice president of government affairs Catherine Bohigia as being excited to work with the governor and his administration to expand service to about 145,000 households currently not served by Time Warner Cable or Charter in New York.

Charter officials are working with the Public Service Commission to identify the households to be served, and highly redacted documents suggest Charter is identifying new housing developments and areas immediately next to existing Charter/Time Warner Cable service areas for this expansion.

A second separate plan to subsidize private cable and phone companies to help cover the costs of reaching another 34,000 homes that won’t be served by Charter is only expected to reach 50% of the remaining unserved homes and businesses in the state. A further round of funding will target the the remainder of unserved areas, including certain rural landline areas where Verizon has shown no interest in offering customers internet access of any kind.

Charter Communications

Charter Communications has effectively canceled the Time Warner Cable Maxx upgrades that were either underway, in progress, or in the planning stage in upstate New York. Instead, Charter plans to speed up the roll-out its own originally proposed upgrade, which includes two tiers: 60 and 100Mbps, for more than two million upstate homes and businesses by early 2017 in Buffalo, Rochester, Syracuse, Binghamton and Albany.

Customers in Central New York are likely to be left in limbo, some already getting Maxx upgraded 300Mbps internet access while others were scheduled to get the speed upgrade the same week Charter froze further Maxx upgrades. Those customers are now likely to receive a maximum of 100Mbps service sometime next year under Charter’s new plan.

Charter is also negotiating with state officials about where it will deploy broadband to 145,000 currently unserved homes in upstate New York over the next four years.

State-funded Rural Broadband Awards – Round I

New York State will help subsidize broadband rollouts to approximately 34,000 homes and businesses currently not served (or not served adequately) in rural areas. All but two of these projects will rely on fiber to the home service and each will offer service to a few thousand people:

Applicant Name	Technology	REDC Region	Census Blocks	Housing Units	Total Units	State Grant Total	Private Match	Total Project Cost
Armstrong Telecommunications, Inc.	FTTH	Finger Lakes, Southern Tier, Western NY	176	1,135	1,162	$3,930,189	$982,549	$4,912,738
Armstrong Telephone Company	FTTH	Southern Tier, Western NY	74	466	504	$1,778,256	$444,564	$2,222,820
Citizens Telephone Company of Hammond, N.Y., Inc.	FTTH	North Country	146	1,789	1,860	$3,316,810	$829,202	$4,146,012
Empire Access	FTTH	Southern Tier	124	719	724	$1,797,894	$449,474	$2,247,368
Empire Access	FTTH	Southern Tier	117	1,202	1,268	$1,598,480	$399,620	$1,998,100
Frontier Communications	FTTH	Southern Tier	1	62	65	$67,592	$16,899	$84,491
Frontier Communications	FTTH	North Country	3	188	216	$129,634	$32,409	$162,043
Frontier Communications	FTTH	Southern Tier	12	129	142	$197,104	$49,276	$246,380
Frontier Communications	FTTH	Capital Region	23	391	394	$318,304	$79,576	$397,880
Frontier Communications	FTTH	Mohawk Valley	30	402	405	$924,663	$231,166	$1,155,829
Frontier Communications	FTTH	North Country	105	1,928	2,096	$1,702,246	$425,562	$2,127,808
Germantown Telephone Company	FTTH	Capital Region	208	2,195	2,334	$2,512,562	$628,140	$3,140,702
Haefele TV Inc.	FTTH	Southern Tier	413	3,029	3,238	$271,568	$67,892	$339,460
Hancock Telephone Company	FTTH	Southern Tier	136	1,505	1,675	$4,915,920	$1,228,981	$6,144,901
Heart of the Catskills Communications	Hybrid-Fiber Coax	Southern Tier	216	2,836	3,177	$1,224,946	$524,977	$1,749,923
Margaretville Telephone Company	FTTH	Mid-Hudson, Southern Tier	209	1,882	2,002	$4,791,505	$2,053,503	$6,845,008
Mid-Hudson Data Corp	Fixed Wireless	Capital Region	60	647	663	$950,184	$237,546	$1,187,730
Mid-Hudson Data Corp	FTTH	Capital Region	6	354	362	$59,155	$14,789	$73,944
State Telephone Company, Inc.	FTTH	Capital Region	231	3,801	4,134	$5,805,600	$1,451,400	$7,257,000
State Telephone Company, Inc.	FTTH	Capital Region	101	516	595	$2,914,960	$728,740	$3,643,700
TDS Telecom	FTTH	Southern Tier	156	2,369	2,423	$1,895,390	$1,895,390	$3,790,780
TDS Telecom	FTTH	North Country	74	506	543	$1,084,000	$1,084,000	$2,168,000
TDS Telecom	FTTH	Central NY, Finger Lakes	106	996	1,038	$1,424,793	$1,424,793	$2,849,586
TDS Telecom	FTTH	Southern Tier	395	3,528	3,551	$4,989,570	$4,989,570	$9,979,140
The Middleburgh Telephone Company	FTTH	Capital Region, Mohawk Valley	250	1,596	1,651	$5,562,548	$1,390,637	$6,953,185

*FTTH = Fiber-to-the-Home

Federally Funded Rural Broadband Awards – Round II

After Verizon abdicated any interest in participating in rural broadband expansion funding through the FCC’s Connect America Fund, New York’s Broadband Program Office (BPO) and the Public Service Commission urged the FCC to keep the original funding intended for rural New York intact and open to other applicants seeking to build rural broadband projects. The FCC has not fully committed to do this, but it is an agenda item. Assuming this funding becomes available, it will be used to help pay for independent broadband providers or rural cable operators to begin delivering broadband service into still unserved parts of New York not included in the Charter expansion or Round I projects noted above. Many Verizon territories are expected to be included.

Applicants will have to provide at least 100Mbps service in most places or a minimum of 25Mbps in the most remote corners of New York. The application form discourages applicants from delivering broadband over DSL or wireless and clearly favors fiber to the home or cable broadband technology. Price controls will be in place for the first few years to assure affordability and those winning funding are strictly prohibited from introducing usage caps or usage-billing.

A vaguely defined “third phase” is scheduled to launch early next year to offer internet access to all remaining unaddressed service areas. Nobody mentions where the money is coming from to cover the last 1-3% of unserved areas, which are likely to be notoriously expensive to reach.

Gov. Cuomo explains progress on his New York Broadband for All program. (26:31)