Time Warner Cable’s decision to spend $11 billion to broadcast Los Angeles Lakers and Dodgers games at an estimated cost of $50-60 a year per subscriber is the subject of a class action lawsuit from fed up customers.

The plaintiffs are upset cable subscribers across Southern California will have to cover the cost of the 20-year deal with no option to opt-out of the sports channels because they are bundled into the most popular cable package.

The suit, filed this week in Superior Court alleges at least 60 percent of subscribers have no interest in the sports programming, but will collectively cover $6.6 billion of the deal and never watch a single game.

Time Warner Cable is also accused of forcing AT&T U-verse, Charter Cable, Cox Cable, DirecTV and Verizon FiOS to sign restrictive contracts that compel the companies to include the sports channels on the basic lineup.

Ironically, Time Warner Cable itself regularly complains about the increasing cost of programming and contract terms that force it to bundle expensive sports channels inside the basic tier instead of offering customers optional, added-cost sports programming packages.

Both sports teams are also named as defendants in the suit because they were aware that all subscribers would face rate increases as a result of the deal.

“TWC’s bundling results in Defendants making huge profits, much of which is extracted from unwilling consumers who have no opportunity to delete unwanted telecasts,” the complaint states.

The suit claims there is no legitimate reason Time Warner Cable and the sports teams could not have offered the new networks only to customers that wished to pay for them. The suit wants the bundling of the sports networks stopped and customers given refunds for the higher television bills that resulted.

Werner

Cable operators are getting ready for competition from Google and other fiber providers with an upgrade to the cable broadband standard DOCSIS that will support up to 10/1Gbps service.

Comcast chief technology officer Tony Werner told attendees at the Washington, D.C. Cable Show that DOCSIS 3.1 will deliver about a 50% improvement in spectrum efficiency.

The new standard relies on orthogonal frequency-division multiplexing (OFDM), a standard already used by the wireless industry to get tighter performance from existing wireless spectrum.

The cable industry’s weakness remains its broadband upstream capacity. Standards originally developed for cable broadband assume users will download far more content than upload, so the focus has always been on download speeds. Upload speeds have been anemic in comparison. Until recently, cable technicians worried they would have to dedicate considerably more bandwidth for faster upstream speeds, but with improved standards, that may no longer be true.

Time Warner Cable’s chief technology officer Mike LaJoie is convinced his company will not have to widen upstream bandwidth. Time Warner has been among the stingiest providers of broadband speed upgrades,  still offering residential customers in most service areas a maximum of 50/5Mbps service, even as Comcast has upgraded to 305Mbps in certain markets, mostly in the northeast. This week Comcast demonstrated 3Gbps broadband, primarily to prove the cable broadband platform will be able to compete with fiber technology.

LaJoie

The first trials of the new broadband standard are anticipated in 2014, with modems for sale later that year or early 2015. Comcast is expected to begin buying and deploying DOCSIS 3.1-capable modems “when it makes financial sense.”

Major speed increases will require cable companies to accelerate the transition to all-digital video platforms to free up available cable spectrum. The faster the offered speeds, the more channels must be dedicated to providing broadband. Operators don’t see a space crunch anytime soon, especially if they move towards an all-IP platform that would support all services through a giant broadband pipe.

Cox Cable, for example, is planning to move more of its analog channels to digital to free up capacity for faster broadband speeds.

But exactly when consumers will be able to use the faster speeds possible from DOCSIS 3.1 is up to your provider.

Time Warner Cable is not convinced customers even need or want 100Mbps speed, so expect some cable companies to not even attempt gigabit broadband for years to come.

LaJoie dismissed triple digit megabit speeds as a novelty that is not “very deeply penetrated” in the marketplace — marketspeak for “not attracting many customers.”

“There has not been a demonstrated appetite for it,” LaJoie said.

In response to the deadly tornadoes in Moore, Okla., Cox Communications today said it would lift viewing restrictions for dozens of networks for Cox Cable customers who want to watch cable programming online using Wi-Fi or mobile broadband.

Cox video subscribers in Oklahoma can download the Cox TV Connect app (iOS or Android) to view streamed programming either inside or outside the home for the next three months. The cable operator said it had reached emergency agreements with programmers to lift the usual restrictions preventing online viewing away from home.

“We hope to help those impacted by providing access to TV on some mobile and tablet devices while the area recovers in the weeks and months ahead,” Cox spokesman Todd Smith told FierceCable in an email.

Cox now offers around 90 channels on its TV Connect platform.

Tornado-ravaged customers in Moore will need a lot longer than three months to get cable service back in many areas completely devastated by the storm.

Cox parent Cox Enterprises announced Tuesday that it plans to give $1 million to support relief and recovery efforts in Oklahoma, including a $500,000 cash donation to the American Red Cross and $500,000 of “in-kind support,” including public service announcements.

Stop the Cap! will be monitoring the situation in Moore and other parts of Oklahoma damaged in the storm. Most cable operators waive equipment fees for unreturned cable equipment lost in major storms. If a Cox customer is asked to pay for lost cable boxes, DVRs or cable modems, please use the Contact Us button at the top of the screen and report it to us for further investigation.

The Heeley family have been Cox customers for over 15 years, buying cable television, broadband, and phone service that costs them nearly $200 a month.

With nearly $2,400 a year going into Cox’s bank accounts from their family alone, John Heeley was a little upset Cox sent him a warning message about his family’s “excessive Internet usage.”

“It seems we went over our usage cap by 40GB in April thanks to a rotten spring and a lot of Netflix viewing,” Heeley tells Stop the Cap! “I didn’t even understand the letter because I never knew there was a cap on the Internet.”

Cox, like certain other providers, have arbitrary usage limits on broadband accounts, with larger allowances granted to customers who upgrade to faster speeds for more money.

Heeley’s fiancé Shelley was angry after realizing just how much the couple already spends with Cox.

“I called them on the phone and the first thing they want to do is get you to upgrade and spend even more money with them,” she tells Stop the Cap! “They tried to vaguely threaten our service if we continued to ‘overuse the Internet’ and suggested we cut back or cancel Netflix which they think is the reason we went over the limit.”

Shelley says she was born at night, but not last night.

“How convenient they want you to stop using Netflix, Amazon, or other online video services that their cable TV competes with,” Shelley says. “It is unfair competition.”

Shelley requested a Cox supervisor and threatened the company right back, telling Cox if they sent one more letter like that, the Heeley family would take their business elsewhere.

“He told us quietly we could ignore the letter and any future letters and they will add a note on our account,” Shelley tells us. “He confided they have customers going over the limit all the time and the letter is really about educating customers about usage.”

It seems if Cox threatens you, threatening them back with account cancellation is usually the end of the story.

We found Broadband Reports‘ readers who exceed usage limits with Cox largely unafraid of any consequences:

• Rakeesh: I’ve gone everywhere from 300gb to 700gb over the cap for the last 19 months in a row. You’re fine.
• Skeechan: I have gone over too. The nastygrams seem to only be sent in selective markets. I am on Ultimate, perhaps that is why they haven’t sent me one since I have nowhere to go plan-wise. And being triple play since 1998 offers up a reliable and high ARPU. Of course that assumes they actually give a crap about common sense.
• Maltz: I went over my cap by about 30GB last month and got an email telling me that I was over. That was the end of it.

A freak spring snowstorm has stolen CenturyLink’s thunder.

A freak spring snowstorm has covered up much of the anticipated publicity for CenturyLink’s plans to launch a trial of gigabit fiber broadband for 48,000 customers in western Omaha.

The phone company announced the pilot project this week amid a historic spring storm that dumped several inches of heavy, wet snow on parts of Nebraska. The media devoted most of its attention to the weather.

CenturyLink admits its gigabit fiber service is a pilot project designed to test consumer demand and the tolerance of local officials for limiting upgrades to selected neighborhoods and customers most likely to buy the service. CenturyLink has priced the gigabit service comparably to Google Fiber — $79.95 a month if bundled with other CenturyLink products. Standalone broadband is nearly twice as expensive — $149.95 a month.

“CenturyLink is pleased to offer its Omaha customers ultra-fast broadband speeds up to 1Gbps to help keep pace with growing broadband demands,” said Karen Puckett, chief operating officer. “This demonstrates our commitment to deliver communications solutions that provide our customers with the technology they need to enhance their quality of life, now and into the future.”

CenturyLink will not be building the fiber network from scratch. The company already runs a 100Gbps middle-mile/institutional fiber network in Omaha that reaches certain business clients and serves as a conduit for CenturyLink customer traffic. CenturyLink will supplement that by using the remnants of its predecessor’s long-gone Qwest Choice TV service. The company will spend millions to run fiber connections to homes and businesses, but around 9,800 residents formerly served by Qwest’s television service will be able to sign up for CenturyLink Lightspeed Broadband as early as Monday. Others may have to wait until as late as October.

CenturyLink now sells up to 40Mbps speeds in Omaha, with a 300GB monthly usage cap. The company has not said if it intends to apply a usage limit on its fiber customers.

The phone company’s largest and fastest competitor is Cox Cable, which sells up to 150/20Mbps service for $99.99 a month.

Cox Cable cannot match CenturyLink’s speeds at the moment, but does not think most Omaha residents need or want gigabit fiber.

“It is important to note that our most popular Internet package remains the one that provides speeds of 25Mbps, which meets the needs of the majority of customers,” said Cox spokesman Todd Smith. “We will continue to talk with our customers and invest in product enhancements to provide an optimal broadband experience.”

Only around 12% of metropolitan Omaha will have access to the experimental fiber service, primarily those living in West Omaha. The network will bypass residents that live further east. The boundaries of the forthcoming fiber network are notable: West Omaha comprises mostly affluent middle and upper class professionals and is one of the wealthiest areas in the metropolitan region. Winning a right to offer service on a limited basis within Omaha is an important consideration for telecom companies like CenturyLink.

AT&T, Verizon, CenturyLink and other telecommunications companies are seeking deregulation that would end universal service mandates that require companies to build their networks in every neighborhood, rich and poor.

Cable and telephone companies have taken careful note Google Fiber is being allowed to provide service only where demand can be found — a significant change in long-standing municipal policies that demand cable and phone companies provide access to nearly every resident.

CenturyLink delivered a “between the lines” message to local officials when it suggested it might expand its fiber network elsewhere in Omaha and beyond, but only after evaluating the project for “positive community support, competitive parity in the marketplace and the ability to earn a reasonable return on its investment.”

In other words, keeping zoning and permit battles (and residential complaints about construction projects) to a bare minimum, allowing the company the right to choose where it will (and won’t) deploy service, and making sure people will actually buy the service are all the key factors for fiber expansion.

AT&T said much the same thing when it vaguely promised a gigabit fiber network to compete with Google in Austin.

Google may have unintentionally handed their competitors a new carrot: deregulate us in return for fancy fiber upgrades that customers crave.

In perspective: CenturyLink’s fiber trial will only impact about 12% of the total population of metropolitan Omaha, primarily in and near affluent West Omaha.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WOWT Omaha CenturyLink Gigabit 5-1-13.flv[/flv]

WOWT in Omaha spent less than a minute reporting on CenturyLink’s forthcoming gigabit fiber trial. A spring snowstorm preoccupied most of Omaha’s media instead.  (1 minute)