As part of its investigation of cable and satellite television companies, the U.S. Senate Permanent Subcommittee on Investigations found large discrepancies in how five of America’s largest cable and satellite companies—Charter Communications, Comcast, Time Warner Cable, DirecTV, and Dish—identify and correct overcharges caused by company billing errors.

The subcommittee released its report to coincide with today’s hearings on customer service and billing practices in the cable and satellite television industry. The Senate subcommittee focused its attention primarily on billing errors associated with rented set-top boxes and receivers, not programming packages or add-on services. The bipartisan report found satellite TV company Dish was probably the least prone to billing errors associated with satellite equipment and Time Warner Cable was the worst at identifying equipment billing discrepancies. Even when it did find instances of overbilling, the company refused to give customers automatic full refunds as a matter of “efficiency.”

That “efficiency” is expected to be very profitable for Time Warner Cable, which is likely to collect $1,919,844 from overbilling this year alone. Time Warner Cable estimates that, in 2015, it overbilled 40,193 Ohio customers a total of $430,393 and 4,232 Missouri customers a total of $44,152. Time Warner Cable also told the subcommittee that, during the first five months of 2016, it overbilled customers in Ohio for 11,049 pieces of equipment, totaling $108,221.

Charter Communications only did marginally better, mostly because it is a much smaller cable company. Charter estimates that it has overcharged approximately 5,897 Missouri customers a total of $494,000. Charter, along with Time Warner Cable, made no effort to trace equipment overcharges to their origin unless customers specifically asked them to and did not provide notice or refunds to customers.

Let’s review how the five companies compare:

Time Warner Cable

Time Warner Cable is notorious for its “no refunds unless asked” policy, which often leaves customers uncompensated for service outages and other problems. That policy also extends to equipment-related billing errors. During the 6.5 year time period covered by the subcommittee investigation, Time Warner Cable never automatically refunded or credited customer for equipment overcharges discovered by the company. Instead, Time Warner’s “Revenue Assurance” team quietly identified and corrected billing errors without any notification or explanation to customers, which may explain why your Time Warner Cable bill can change even when you are locked in with a promotion.

The subcommittee discovered Time Warner Cable still relies on two entirely different billing systems. One, “Integrated Communications Operations Management System”, otherwise known as ICOMS, is especially troublesome to navigate at Time Warner because the company does not use standardized coding across the entire company. Placing an order for Internet service in the Northeast Division of Time Warner Cable is completely different from ordering the same product in a city like Kansas City or the west coast. Employees have complained about ICOMS for years, noting it can take up to 30 separate codes entered correctly in the system to add just one product, like High-Speed Internet. A simple data entry error can mess up an order and generate a billing error (or a lost order or service request that is never processed). But Time Warner Cable also relies on a different platform developed by CSG to manage some of its billing. Some of Time Warner Cable’s acquisitions, like Insight Communications, have operated under the Time Warner Cable brand for several years, but still use some of the billing platforms that were in place before Time Warner took over.

The subcommittee found strong evidence ICOMS is a big problem for Time Warner Cable. Attempts to audit the platform often crash, as it did in May of this year, preventing Time Warner Cable from identifying billing issues. At best, the company only aims for an 80% correction rate using its auditing tools.

One audit uncovered 18,000 customers in the Carolinas, Midwest, and Northeast that were being overbilled for modem and CableCARD equipment. Although Time Warner Cable was going to remove the erroneous charges going forward, it had no plans to automatically refund customers it identified as overcharged unless customers somehow realized that themselves and called in to request retroactive credit.

Time Warner Cable once erroneously billed one of its own employees for three Internet accounts.

The subcommittee found if an audit showed that a customer had not been billed for equipment or services that the customer had received, the company treats those inconsistencies as undercharges and adds the charge to the customer’s bill going forward. Time Warner Cable does not attempt to retroactively charge the customer for previous months where that customer was undercharged.

If the audit shows that a customer has been billed for equipment or services that he or she does not have, the story is more complicated. In some cases, customers agree to pay for equipment they do not actually have so that they can receive a cheaper package price—for example, a consumer who wants only Internet service might decide the cheapest option is a promotional package including both Internet and cable television. By participating in the promotion, the customer agrees to pay a monthly rental fee for a set-top box but may instruct the company not to provide a set-top box. In such a case, the customer’s billing records will show a charge for a set-top box, but the customer’s equipment records will show that he or she does not physically have a set-top box. In April 2016, for example, Time Warner Cable identified 49,132 pieces of equipment associated with overcharges; of those 37,653 (approximately 77 percent) were not “correctable” overcharges because they were associated with accounts participating in promotional offers.

Time Warner Cable does not attempt to trace billing errors to their origin. Instead, it only provides a partial credit for the month during which the error was discovered. The company will not notify you of the error or for how long it has been on your bill. Unless you call and demand full credit for the overbilling, you will not receive it.

The cable company defends its policy on the ground that it is “efficient.” Going through months of customer bills to identify overcharges would be costly and time consuming, the company argues. The company also claims that the customer is best positioned to notice an overcharge and bring it to Time Warner Cable’s attention.

After reviewing policies at several different companies, the subcommittee cast doubt on Time Warner’s assertions, noting other companies had no problems returning overbilled amounts to customers without a request to do so.

Charter Communications

Unfortunately for customers, not included on the list of companies willing and able to automatically refund overbilling is Charter Communications, which recently acquired Time Warner Cable and Bright House Networks.

The subcommittee called Charter’s process of identifying and correct overbilling “substandard.”

According to Charter, prior to August 2015, the company did not run any systematic audits to reconcile its billing records with equipment records. Charter’s failure to perform regular audits means that overcharged customers could not receive a prospective correction of their bill unless they noticed the problem themselves and contacted Charter. Beginning in August 2015, however, Charter began taking steps to identify equipment overcharges now on its system. Charter will complete that process in June 2016.

Charter recently upgraded some of its systems to make sure that when an employee adds or deletes services and/or equipment, an update to the customer’s billing record occurs automatically. Charter has 21 employees working for its Billing Quality Assurance department. The employees randomly sample bills to check their accuracy and when Charter changes its bill format or presentation, the team is supposed to review the bills to make certain any billing changes do not introduce mass errors. The subcommittee found these auditing methods were unlikely to discover common “one-off” errors, such as when customers are overbilled for equipment or programming on their specific account.

Charter’s alternate methods of identifying discrepancies quickly become more convoluted and less useful after that.

For example, beginning in August 2015, Charter undertook what it called a “controller reconciliation,” in which the company began to reconcile its billing records with equipment data from its 35 “controllers” throughout the country. These “controllers” are designed to manage box authorizations and “from the office” service connection and disconnection so that a truck roll is unnecessary. These systems can also be useful in identifying unauthorized equipment installed at locations where they were never registered or if the box was authorized for channels a customer was not paying to receive. A controller reconciliation allowed Charter to identify anomalies like in Missouri, where almost 6,000 customers were being billed for set-top boxes they were not using.

The subcommittee was unhappy neither Time Warner Cable or Charter seem willing to use “brute manpower to identify how long a customer has been overcharged and automatically grant a refund or credit,” as well as do more to minimize equipment and programming mismatches with billing records.

Comcast has bigger problems than overbilling.

Comcast

Comcast relies on a very similar auditing process in use at Time Warner Cable to identify billing discrepancies, except once Comcast finds one it identifies how long a customer was overcharged, notifies the customer and automatically credits the customer’s account. Starting late last year, Comcast began running audits weekly to improve billing accuracy. Comcast claims just a 0.3% error rate.

Comcast has more than 60 employees nationwide on the east and west coasts examining billing issues and, when needed, individually investigates each case to identify applicable refunds.

DirecTV

DirecTV doesn’t do regular audits, instead relying on a program called SAS Enterprise Miner to search for billing errors before bills are generated. It can also use the same tools to identify and correct past billing errors. The satellite provider goes as far back as necessary to correct past mistakes, and pointed to instances where credits of thousands of dollars were issued to affected customers. DirecTV’s Revenue Assurance department can also reach out and communicate with employees at all levels of the company to investigate billing issues and prevent future ones. What will change as a result of AT&T’s ownership of the company isn’t known.

Dish Network

Dish was cited by the subcommittee report as having the billing system least likely to generate billing errors. Dish links its equipment and billing systems together, which means any change on one system automatically updates the other.

According to Dish, it is impossible to add or remove equipment without altering the customer’s billing records. Dish provides each customer with one free “receiver”—Dish’s term for the equivalent of a set-top box—and charges $7.00 to $15.00 per month for each additional receiver a customer has. That is the only equipment charge. Dish’s system will only send a television signal to receivers that have been “activated,” which happens as part of the installation process. Once a receiver has been activated, the customer’s billing information is automatically updated to reflect that addition. That system ensures that no receiver is added to a customer’s account unless it has been activated.

Dish customers return their receivers by mail. Dish provides a packaging label so that it can track the receiver once it has been mailed. When the receiver returns to the Dish warehouse, an employee scans the barcode on the receiver, which removes the receiver from the customer’s provisioning records and, in turn, from the customer’s bill.

[flv]http://www.phillipdampier.com/video/Senate Cable Billing Practices 6-23-16.mp4[/flv]

More than five million Dish Network customers in 36 states can once again watch Sinclair-owned TV stations on the satellite service after the head of the Federal Communications Commission intervened to end the largest TV station blackout in U.S. history.

On Tuesday, Sinclair ordered its 129 stations to pull the plug on Dish subscribers after the satellite company failed to reach terms on extending its carriage agreement.

Dish accused Sinclair of “failing to negotiate in good faith” and noted the two companies had reached an agreement on a price to continue carrying the TV stations. What derailed the deal? Sinclair demanded Dish carry a new cable network focusing on high school and college sports it was planning to eventually launch. The TV station group owner also wanted to right to negotiate carriage contracts for another 23 stations Sinclair does not own, but operates under joint-sales agreements. Last March, the FCC prohibited such agreements but Sinclair believed its stations were grandfathered and not subject to the FCC’s ruling.

The large number of stations involved and the potential subscriber impact of dropping more than 100 stations all at once may have given Sinclair extra confidence to pull off a game of hardball. Dish lost 81,000 pay-TV customers in the second quarter of 2015, compared with a loss of 44,000 a year earlier. Dish is also no stranger to these kinds of disruptive disputes, having been involved in 32 of 74 major programming blackouts since 2013.

Earlier this month, Sinclair executives also told investors during an earnings call that the retransmission consent contracts with 75% of its distribution partners (cable, telephone and satellite companies) were up over the next year, giving Sinclair the chance to reset renewal rates higher to boost revenue.

Sinclair owned television stations (the numbers show the number of TV stations Sinclair owns and operates in a region.)

In a research note, BTIG analyst Richard Greenfield said Sinclair’s “greed” was likely to backfire on the company.

“Sinclair’s actions vis-à-vis Dish look to us like lighting a match in a dry brush field,” Greenfield wrote. “The government is looking for reasons to get more involved to help consumers. Sinclair may have finally given them a blatant enough excuse.”

Greenfield was right.

The dispute attracted the attention of FCC chairman Thomas Wheeler who requested “an emergency meeting” with the two companies yesterday to focus on the dispute. Wheeler had previously warned the FCC was taking a closer look at the growing number of station and network interruptions that anger paying customers. So far this year, there have been 145 station and network blackouts according to the American Television Alliance. Last year there were 107. In 2010, there were 12.

While most carriage disputes are about a disagreement over the fair value of a network’s programming, this high-profile battle already reached a settlement on that issue.

“At first blush, Sinclair’s actions sound crazy,” says Greenfield. He is convinced Sinclair has blatantly violated FCC rules by demanding to negotiate for stations it does not own. He also thinks demanding fees for a future cable network could run afoul of federal antitrust laws.

In this latest standoff, and under pressure from the FCC, Sinclair appears to have blinked first and programming was restored for Dish subscribers beginning late Wednesday, as an agreement between Sinclair and Dish was reached. The terms were not disclosed.

“On behalf of more than 5 million consumers nationwide, I am pleased Dish and Sinclair have agreed to end one of the largest blackouts in history and extend their negotiations,” Wheeler said before a final agreement was announced. “The FCC will remain vigilant. Use of the public airwaves is a public trust.”

Greenville, Calif. is in Plumas County.

Frustrated officials in Plumas County, Calif. are at the end of their patience with local phone company Frontier Communications.

“You’re lying to me,” Supervisor Kevin Goss (District 2) told representatives from Frontier Communications in the latest heated exchange.

Goss and other community leaders are upset because Frontier is the company most likely to make or break the county’s beautification efforts by placing utility cables underground in Greenville.

County officials are certain they notified Frontier of their intent to transition to underground service throughout Greenville, with the full support of the area’s other utility, Pacific Gas & Electric.

But Frontier officials are now claiming they can’t find the paperwork and are unwilling to invest in the project. If Frontier will not join PG&E, the utility poles will stay in the ground and the project will be canceled.

“We did search all of our records and didn’t uncover any documentation,” said Charlie Born, the manager of government and external affairs for Frontier.

The project had been on the county’s public agenda since 2008.

“It’s never going to pencil; it’s whether the company will do what’s right,” argued Board chairman Jon Kennedy.

It was the second heated meeting between Goss and Frontier’s representatives.

Frontier claims it was never notified about the extent of the project, despite sending a letter to county officials dated Oct. 1, 2014 where it acknowledged the project and indicated it was willing to talk, as long as “Frontier is not responsible for any costs.”

In November, Goss testily responded to Frontier’s sudden intransigence to cover its share of the underground project, despite being a part of a joint planning process underway for nearly seven years.

“Basically you don’t have any money?” Goss asked two Frontier representatives during a public hearing in front of the Board of Supervisors on Nov. 4.

Born complained the county was asking Frontier to pay $275,000.

“With 10 working lines, that’s about $27,000 per line,” said Born. “This chunk of money is a hard pill to swallow. We choose to put our money into improving services.”

In November, Goss publicly pondered Frontier’s refusal to invest in the project while finding plenty of money — $10 million — to spend on a high-profile campaign with its satellite partner DISH Network that claimed would “invigorate rural communities.”

The Plumas County News noted Frontier’s America’s Best Communities is a multistage, three-year contest that provides $4 million in seed money and other support to assist communities as they develop growth and revitalization plans. The top three communities will receive a total of $6 million in prize money.

Goss read from a statement written by Frontier CEO Maggie Wilderotter introducing the contest.

“Frontier is committed to the small cities and towns we serve, and one of the best ways to demonstrate that is through our new America’s Best Communities prize competition,” read Goss. “I don’t think she’s very committed when the rug is getting pulled out from under us in our small town. It’s frustrating to me; absolutely frustrating.”

The county is now hoping the California Public Utility Commission will intervene, but that has not happened yet, leaving the project in limbo.

“We’ve had no feedback from the California PUC in regard to our concerns with Frontier not financing,” said Public Works director Bob Perreault. “PG&E is in a holding situation and is supportive of the county.”

That is DISH’s CEO banging the drum beside a panoply of kangaroos. (Image courtesy: Gizmodo)

The ultra high-definition, bandwidth chewing 4K television standard has arrived and like HDTV before it, the first place most Americans will get to sample the new standard is over satellite television.

DISH Network is planning to introduce HDMI/HDCP 4K television owners to its new 4K Joey this year — a souped-up set-top box that can handle the high demands of 4K video.

DISH is using a Broadcom dual-core chipset and 7448 ARM processor that can handle the next standard in high-definition viewing.

While DISH set-top boxes will be ready for 4K, many cable and DSL broadband networks in the United States will face difficulties handling the online video demands that 4K video will place on their networks. In tests, watching an average movie required a minimum of a maxed out 10Mbps broadband connection. Live programming, particularly sports, required considerably more broadband speed to keep up. Few DSL networks will be able to sustain more than a handful of customers attempting to stream 4K video before neighborhood nodes become overwhelmed. Even the DOCSIS cable broadband standard still relies on shared bandwidth, and a few video aficionados in the neighborhood could pose significant challenges and speed slowdowns for other customers in the area.

Besides satellite, only fiber optic broadband will be ready to handle the practical requirements of streaming 4K video without significant upgrades.

DISH’s plans to stream video content over the Internet could one day also include 4K programming, but viewers are likely to run smack into usage caps and usage billing that ISPs are using to deter online video from gutting cable television revenue as well as further monetizing already highly profitable broadband.

Downloading just three 4K movies consumed 90GB and took more than a day to download, even with Comcast’s 100Mbps broadband service. In usage-capped markets, fewer than a dozen 4K movies would eat your entire monthly allowance. Each additional movie would subject Comcast customers to overlimit fees averaging around $6 per title.

Although DISH will offer a set-top box to handle 4K viewing, content producers are still waiting to see whether the public embraces the next HD standard before investing heavily in programming delivered using the new standard. DISH would only promise content from “several providers” would be forthcoming by the time the 4K Joey is released during the second quarter.