Stop the Cap! continues the fight for a better deal for Time Warner Cable customers that could soon end up as Charter Communications customers, if the California Public Utilities Commission (CPUC) approves the merger.

While the Federal Communications Commission formally approved the deal last week, California has yet to sign off on the transaction, giving consumer advocates like Stop the Cap! an opportunity to recommend the state regulator impose stronger consumer-friendly deal conditions that guarantee customers their share of the anticipated windfall in “deal benefits” that shareholders and executives of the companies involved are likely to receive.

Our California coordinator Matthew Friedman has been educating the CPUC about the true nature of data caps and usage-based billing, and sharing our view that Charter’s promised merger deal benefits are illusory, offering little more than what Time Warner Cable already offers its Maxx-upgraded service areas. In fact, Time Warner’s ongoing commitment to not impose compulsory data caps or usage billing is likely to be canceled by Charter Communications, which has only agreed not to impose such billing schemes on customers for three years.

Even worse, future Charter customers are likely to pay higher broadband bills after Charter imposes its regular prices on Time Warner Cable customers — prices often higher than what Time Warner charges for similar services. Although Time Warner customers have been able to negotiate a better deal for themselves after threatening to cancel, Stop the Cap! anticipates Charter will not be as generous with those customers in the future.

At the minimum, Stop the Cap! is recommending the CPUC either permanently ban compulsory usage caps and usage billing from Charter, or add a competition test that will allow such billing only where consumers can switch to a competitor that offers comparable unlimited broadband service.

Charter’s broadband “deal”

The loss of [Time Warner’s] commitment [to always offer unlimited broadband options to consumers] could result in the following harms, according to Friedman:

1. New Charter’s commitment to provide low cost broadband will become completely voluntary and unenforceable;
2. increased broadband pricing resulting in decreased demand for broadband;
3. New Charter will be able to circumvent Net Neutrality rules;
4. New Charter will be able to engage in a multitude of anticompetitive behaviours, increasing the cost and reducing the attractiveness of competing video content from edge providers, thus lessening the demand for high-speed broadband access to the Internet, and thus running counter to Section 706(a)’s mandate to promote competition in broadband services;
5. innovation and investment will potentially decrease significantly;
6. network security can be adversely affected; and,
7. Californians, especially low-income Californians, may lose access to education opportunities.

We’re not drinking “New Charter’s” Kool-Aid

“Stop the Cap! (and the Office of Ratepayer Advocates as well) has offered a reasonable option of requiring a competition test to sunset the prohibition on data caps and usage based pricing,” wrote Friedman. “This suggestion is based on Charter’s own expert testimony and [the conditions] must be rewritten per these suggestions if it is to fulfill multiple statutory requirements.”

Stop the Cap! also advocates that Time Warner Cable customers that purchased their own cable modems to avoid Time Warner’s modem fees deserve an ongoing bill credit for providing their own equipment, because Charter builds the cost of its modem into the price of broadband service.

“Charter already bakes the price of the modem rental into the monthly cost of the plan,” Friedman noted. “New Charter [should be required] to offer a discount to customers who bring their own modems. Charter currently allows customers to bring their own modems… they just continue to charge those customers for a Charter modem that the customer never uses.”

Although Charter’s pledge to increase broadband speeds for Time Warner customers seems laudatory, in fact Charter’s proposed service offerings also represent a significant rate increase for broadband customers who don’t need or want 60Mbps service. They won’t have much choice after Charter imposes its own plans and pricing, which are now limited to 60 or 100Mbps options for most customers, at prices starting at $60 a month.

“Clearly these TWC customers are materially much worse off under New Charter than TWC,” Friedman told the CPUC. “Equally clear is that Charter’s ‘Simplified Pricing’ (perhaps more accurately described as ‘Fewer Options and Higher Prices’) is far from a public benefit. This massive price increase will affect literally every stand-alone-broadband TWC customer other than the few who qualify for the School Lunch/Senior Assistance plan. While the low-cost School Lunch/Senior Assistance plan is great for the narrowly targeted group of consumers who manage to qualify, roughly doubling the cost of broadband for every other standalone customer more than offsets the combined value of every other ‘benefit’ that the applicants allege will come from this transfer.”

Stop the Cap! also advocates that the CPUC guarantee Charter customers have a choice about the broadband speeds they need and the amount they have to pay for Internet access.

“New Charter should be required to retain TWC’s pricing and plan structure in perpetuity, for both new and existing TWC customers. TWC customers should retain the ability to switch back and forth between TWC’s cheaper, larger variety of plans,” Friedman wrote. “New Charter should be required to continue TWC’s practice of increasing customer speeds as technology advances with no
accompanying price increase.”

Although Charter’s lobbying efforts promote improved service for Time Warner Cable customers, it is our view that once one examines the full scope and impact of Charter’s proposal, customers will be worse off under Charter than they would be staying with Time Warner Cable.

“TWC stands out in its field for its customer-friendly policies such as providing discounts for those who own their own modems, its public commitment to refuse to impose data caps or
usage based pricing even in the face of pressure from Wall Street to do so, and the creation of its TWC Roku App to allow customers to avoid set-top box rental fees,” argued Friedman. “This transfer, as currently conditioned, creates a net public benefit harm, not a benefit, or even a status quo.”

The Justice Department and FCC Chairman Thomas Wheeler are prepared to accept a massive $55 billion merger between Charter Communications, Time Warner Cable, and Bright House Networks, but at a cost of stringent conditions governing the creation of America’s second largest cable conglomerate.

In a joint agreement with the U.S. Department of Justice and the FCC, Charter executives have agreed to do nothing to harm online video competition or implement usage caps or usage-based billing for at least seven years. Charter will also be forced to broaden its cable service to reach at least two million additional homes, some already served by other providers, setting the stage for potential head-to-head competition between two closely-matched competitors.

The deal will directly affect 19.4 million customers of the three companies, which will eventually combine under the Charter Communications brand name and marketing philosophy — selling customers simplified television, phone, and broadband packages that reduce customer options. Little is expected to change for the rest of 2016, however, with Time Warner Cable and Bright House likely to continue operations under existing packaging and pricing until sometime in 2017. Technicians told Stop the Cap! earlier in April they were told not to acquire new outfits with the Time Warner Cable logo and branding, and the cable company is also making preparations to gradually repaint its massive fleet of vans and service vehicles with the Charter logo.

Wheeler

Most of the concessions seemed to have originated from FCC Chairman Thomas Wheeler, who has been one of the strongest proponents of online video competition, improved broadband, and direct head-to-head competition between cable operators. The Justice Department focused its attention on challenging the cable industry’s almost-united front against online video competition. Under former CEO Glenn Britt’s leadership, Time Warner Cable was considered “the industry leader” in contract language that guaranteed it would share the lowest price negotiated by any other cable, satellite, telephone company or online video provider. Those agreements also often included clauses that restricted programmers from putting streamed programming online for non-subscribers. That explains why cord-cutters frequently run into barriers watching networks online unless they can prove they are already a pay-TV customer.

Under conditions from the Justice Department, those sections of agreements with Charter, Time Warner Cable and Bright House Networks will become invalid and unenforceable. But that doesn’t mean restrictions will disappear overnight. Comcast, Cox, Cablevision, and other cable companies also enforce similar conditions which will be unaffected by the Justice Department decision, at least for now. But the precedent has sent shudders across an industry concerned about protecting its still-profitable cable TV business, under assault from increased programming costs and a greater reluctance by consumers to tolerate annual rate increases.

Gene Kimmelman, chief executive of consumer interest group Public Knowledge, told the Wall Street Journal the conditions were “a clear signal to the content industry and entertainment companies that the enforcement agencies are giving them a green light to grow online video and experiment as a direct competitor to cable, and they will prevent cable from interfering.”

Of greater interest to consumers are the deal conditions proposed by Chairman Wheeler. As Stop the Cap! reported almost a year ago, sources told us the FCC would “get serious” about data caps if companies like Comcast imposed them on customers nationwide. At the moment, Comcast is testing caps affecting just under 15% of their total customer base, already generating thousands of customer complaints with the FCC in response. Although Charter promised three years of cap-free service, Wheeler and his staff obviously felt it was important to send a message that they agree with cap opponents that data caps are more about preventing competition than technical need. By making long term data cap prohibition a core part of a settlement agreement with Charter, Wheeler sends a strong message to Comcast that the FCC isn’t drinking cable industry Kool Aid about the rationale for usage caps and usage billing.

Some consumer groups worry Charter has overextended itself in debt over-acquiring other cable companies.

“New Charter will not be permitted to charge usage-based prices or impose data caps,” Wheeler said in a statement. “Second, New Charter will be prohibited from charging interconnection fees, including to online video providers, which deliver large volumes of internet traffic to broadband customers. Additionally, the Department of Justice’s settlement with Charter both outlaws video programming terms that could harm online video distributors (OVDs) and protects OVDs from retaliation– an outcome fully supported by the order I have circulated today. All three seven-year conditions will help consumers by benefitting OVD competition. The cumulative impact of these conditions will be to provide additional protection for new forms of video programming services offered over the Internet. Thus, we continue our close working relationship with the Department of Justice on this review.”

Wheeler is also intent on proving there is a viable market for cable operators overbuilding into new territories. To prove that point, Wheeler has gotten an agreement that Charter will introduce service to one million new customers where it will intrude on another operator’s service area and directly compete with it. The other provider has to already offer service at 25Mbps or greater. That could mean Charter competing directly with a cable company like Comcast or building service into an area already served by Verizon FiOS, AT&T U-verse, or another provider offering something beyond traditional DSL.

Copps

Another million customers just outside of areas served by the three cable companies may also finally get service, as Charter will be compelled to wire at least another million homes for cable service for the first time.

Despite the conditions, many consumer groups and former public officials remain unhappy the merger won approval.

“Creating broadband monopoly markets raises consumer costs, kills competition, and points a gun at the heart of the news and information that democracy depends upon,” said Michael Copps, a former Democratic commissioner at the FCC and a special adviser to the Common Cause public interest group. “FCC approval of this unnecessary merger would be an abandonment of its public interest responsibilities.”

“There’s nothing about this massive merger that serves the public interest. There’s nothing about it that helps make the market for cable TV and Internet services more affordable and competitive for Americans,” said Craig Aaron, president and CEO of Free Press. “Customers of the newly merged entity will be socked with higher prices as Charter attempts to pay off the nearly $27 billion debt load it took on to finance this deal. The wasted expense of this merger is staggering. For the money Charter spent to make this happen it could have built new competitive broadband options for tens of millions of people. Now these billions of dollars will do little more than line the pockets of Time Warner Cable’s shareholders and executives. CEO Rob Marcus will walk away with a $100 million golden parachute.”

Wheeler’s draft order is likely to receive a final vote in the coming days before the Commission. The only remaining holdout is California’s telecom regulator, which is expected to reach a decision by May 10.

A bone toss by Time Warner Cable (just over a week before the opening of baseball season) to get Southern California satellite and cable providers to pick up carriage of the Los Angeles Dodgers’ SportsNet LA at a discount has backfired and further inflamed critics of the cost of sports programming.

Now two years old, the cable channel jointly owned by the Southern California division of Time Warner Cable and the Los Angeles Dodgers has been a sore spot for sports fans who don’t subscribe to Time Warner Cable or Charter Communications — the only two major providers offering the sports channel. It is the exclusive home of all-things-Dodgers and the Major League Baseball team was well compensated by Time Warner Cable with $8.35 billion for the 25-year deal.

Because of the huge amount of money on the line, Time Warner Cable priced SportsNet LA at $4.90 a month wholesale per subscriber — a stunning amount for a channel devoted to a single sports team. Providers serving Southern California, including DISH, DirecTV, Verizon, Cox, and AT&T, refused to carry the channel, and for two years Dodgers games have not been seen by more than half the region’s pay TV customers.

The issue has sparked outrage among sports fans and politicians, who have complained about the ongoing impasse between Time Warner and other providers. Only Charter Communications, now in sensitive negotiations with the California Public Utilities Commission over its acquisition of Time Warner Cable, relented and agreed to pick up the channel for its customers last summer.

Time Warner Cable has consistently refused to allow the channel to be sold a-la-carte. Instead, every cable TV customer has to pay to make Time Warner’s expensive deal with the Dodgers pay off for the cable operator. Because other companies have consistently boycotted the network, Time Warner Cable has lost a reported $100 million a year from SportsNet LA.

That may explain why this year Time Warner Cable suddenly announced it would offer one year of the channel at a discount – $3.50 a month wholesale, closer in line with other regional sports channels.

Under normal circumstances, the price cut should attract other providers to get a deal signed, but these are not normal times in the cable television business.

Time Warner’s offer has been met with angry accusations of hubris in the Los Angeles sports press. None of the providers boycotting the channel seem interested in the deal either. The reason? The discount only lasts one year, after which the price shoots back up.

Imagine the customer service call centers at DirecTV and Verizon taking heated phone calls in March 2017 when the sports channel gets dropped for its too-high renewal rate.

“Why would anyone give everyone a taste of something for a year?” Mark Ramsey, a media consultant based in San Diego, told the Los Angeles Times. “All the leverage goes to the seller, not the buyer. It’s a temporary fix. This is not a free sample for Sirius XM. Dropping a channel is worse than not carrying a channel.”

Cable subscribers, particularly non-sports-fans, are also incensed at the prospect of their TV bill going up $3.50-5.00 a month for a single channel.

The dispute continues to fuel speculation that these kinds of money disputes are sure to hurry the demise of the one-size-fits-all cable TV package. Around one-quarter of Americans don’t subscribe to cable or satellite and less than two-thirds of those that do are adults 18-29. That demographic reality spells eventual doom. Cable TV is increasingly a must-have service only among older Americans. At least 83% of those 50 and older subscribe to cable television. That number drops to 73% for those aged 30-49. The younger you are, the less likely you see a need for cable television.

As a-la-carte alternatives grow, an ever larger percentage of Americans are expected to abandon the cable package. So far, the only party that doesn’t seem to care much either way is the Dodgers — they got their $8.35 billion and can sit on it for the next two plus decades.

Time Warner Cable likely underestimated the blowback on its wholesale pricing plans for SportsNet LA, but seems happy enough for now to offer only a temporary discount. But it also gives their customers another excuse to scrutinize their cable bills, which now include a “sports programming” surcharge, and scream for a-la-carte across the board.

“So, I am supposed to be excited that TWC is going to lower the price of the Dodgers to other providers? Right?,” complained Scott Bryant from Apple Valley. “Now myself, and others who could care less about the Dodgers will be forced to add another $3.50 a month to get the Dodgers, a team I could care less about? This is a joke, right? It’s time to force all cable/satellite providers allow us to pick our own channels and pay for what we want. This is nothing more than corporate welfare. When I see another added fee to my bill for local sports coverage, I will do it, too! I’m an Angels fan. Forcing me to pay for the Dodgers is criminal. I’m a sports fan, but this is out of control. Where are my scissors?”

Charter Communications is in talks with Amazon.com about joining Comcast to pitch cable service to the online retailer’s giant customer base.

Unlike Comcast, a Charter spokesperson told the Wall Street Journal the company wasn’t necessarily ready to jump in with both feet and was undecided.

One reason for that apparent reluctance may be the scathing reviews Amazon customers are writing about Comcast, which as of today has managed 1.2 out of 5 stars with 452 published reviews. Comcast probably rates even lower because most of the 5-star reviews are purely tongue-in-cheek:

• 5 Stars for Being Soulless Corporate Demons. Comcast feeds on the weak. In all seriousness, they are awful…. Anything for a profit….
• Hitler highly recommends Comcast: Adolf Hitler was quoted saying this about Comcast: “Beeindruckend, das ist böse.” Rough translation: “Wow, that’s evil.”
• Trump Should Send Them To China: Amazing, amazing product that would do very well in China.

The “one star” reviews, which represent more than 95% of the reviews, are decidedly less charitable:

• Having Comcast has been the worst experience of my life. You are better off with anything else: FiOS, Google Fiber, Carrier Pigeon, anything.
• I’m getting third world internet service at top dollar prices which go up if I’m stupid enough to remain a customer.
• Jumping into Comcast is like jumping into a pool, only the pool isn’t filled with water; it’s filled with lies, stress, hate and death.
• Capitalism at its scummiest.
• Worst company on planet – Comcast is proof there is NO god…only chaos.
• False advertising, hidden fees, incompetent customer service…and that’s just for starters!
• Burn in hell!
• Investing with Bernie Madoff would be better choice.
• Dealing with this company is akin to having your fingernails removed with pliers on a regular basis.
• Worse than that burning feeling when urinating.

But the reviews weren’t all bad.

“The speeds and services in my area are awesome,” wrote Tracey Fobia. “Xfinity is a game changer.”

A quick Google search revealed Mr. Fobia (coincidentally) is employed by Comcast as a facilities supervisor.

Comcast’s head of its cable division Neil Smit hoped Amazon’s reputation for excellent customer service might rub off on Comcast. To test that premise, Comcast is trying something new only for Amazon customers – delivering something approaching tolerable customer service:

A Comcast spokesman said it has set aside customer call centers in Tucson, Ariz., and Spokane, Wash., employing about 90 representatives trained just to receive inquiries about Comcast sales made through Amazon. The customer representatives’ goal is to “answer your call in 60 seconds or less,” with no waiting, according to Amazon’s landing page.

The Amazon site provides an easy link to help customers know how to “avoid leasing fees” by buying their own compatible modems and Wi-Fi routers. The site also promises that people can cancel Comcast subscriptions within 30 days or select a no-term contract to downgrade or disconnect whenever they wish.

“We’re partnering with a company that’s so good at the customer experience — I think that’s really what excites me,” Smit told the Wall Street Journal.

Amazon receives a commission for each Comcast sale, according to the newspaper, but based on the hostility of the reviews, it isn’t likely Amazon has earned enough to buy anyone lunch.

Time Warner Cable has a new friend from the “diversity” community.

This week, the National Gay & Lesbian Chamber of Commerce (NGLCC) announced it has a new corporate partner in Time Warner Cable.

“Time Warner Cable is excited to partner with NGLCC and we look forward to new opportunities as we expand our supplier diversity program with LGBT-owned businesses,” said David Wiehagen, TWC’s vice president and chief procurement officer. “As a long-time supporter of diversity and inclusion, we believe that working with diverse suppliers is reflective of our employee and customer population and truly benefits the business.”

What benefits the business often doesn’t benefit customers, however. Many of the groups financially supported by Time Warner Cable end up penning advocacy letters to regulators and elected officials that support the cable operator’s corporate agenda.

While a press release from the gay business organization claimed the partnership will help “elevate its supplier diversity programs among peers and colleagues,” in most cases these partnerships are more about trading favors, advocacy, and PR opportunities.

“Time Warner Cable is a leader within the telecommunications industry that stands at the forefront of diversity and inclusion initiatives,” said Justin Nelson, NGLCC co-founder and president. “We are thrilled to welcome Time Warner Cable as a corporate partner as we know their commitment to supply chain diversity is unwavering.”

In turn, the NGLCC has been an unwavering opponent of Net Neutrality, favors big telecom mergers like the failed AT&T/T-Mobile acquisition and has generally opposed expanding Internet-related consumer protection.