Charter Communications, which does business as Spectrum, has raised the price of its legacy “Everyday Low Priced Internet (ELP),” a 2/1 Mbps service that Time Warner Cable introduced in 2013 for $14.99 a month. Our reader Todd writes the service is going up another $5 a month (after an earlier $5 rate increase) effective in November 2018, as his latest bill shows:

At Spectrum, we continue to enhance our services, offer more of the best entertainment choices and deliver the best value. We are committed to offering you products and services we are sure you will enjoy. Important Billing Update: Effective with your next billing statement, pricing will be adjusted for:

• Internet Services from $19.99 to $24.99.

New York residents were allowed to keep ELP at the price of $14.99 a month for several years after Charter’s acquisition of Time Warner Cable. But that deal requirement has since expired.

Spectrum continues to offer its income-qualified Spectrum Internet Assist ($14.99) for those receiving:

• The National School Lunch Program (NSLP); free or reduced cost lunch
• The Community Eligibility Provision (CEP) of the NSLP
• Supplemental Security Income ( ≥ age 65 only)

That service is also promoted in mailers in low-income neighborhoods without an income or benefit pre-qualification requirement, so anyone in those neighborhoods can sign up.

Spectrum Internet Assist offers:

• High-speed 30/4 Mbps Internet with no data caps
• Internet modem included
• No contracts required
• Add in-home WiFi for $5 more per month

Offer not valid for current Spectrum Internet subscribers.

At a new price of $24.99, Spectrum is clearly trying to convince customers still hanging on to the very low-speed internet product Time Warner Cable originally introduced five years ago to move on. Time Warner marketed ELP to budget conscious DSL customers willing to accept lower speed for a lower bill.

Spectrum’s latest promotions for 100-200 Mbps Standard internet start at $29.99 a month for up to two years, depending on your service area and local competition.

Updated 11/6 4:56pm ET: Thanks to our readers for some clarifications:

• New York customers may not be subject to the rate increase. Existing ELP customers in N.Y. can keep ELP until at least May 17, 2019, as long as they do not make changes to their account that would result in their enrollment being canceled.
• In former Maxx areas and under some other circumstances, ELP is 3/1 Mbps.

Comcast has passed 30 million customer relationships, mostly from adding new broadband customers that continue to disconnect from phone company DSL service.

In the last quarter, Comcast added 363,000 new broadband customers, a number the company calls its best third quarter subscriber add in 10 years, growing revenue by almost 10%.

High-speed residential and business internet service are among Comcast’s highest-margin businesses. Combining fast growth with sky-high profitability, Comcast boasted its broadband revenue is now the largest contributor to the cable company’s continued overall growth, reaching $4.3 billion this quarter, an increase of 9.6%.

“We have added over 1.2 million net new residential broadband customers in the last 12 months, including 334,000 net additions in the third quarter,” said Michael J. Cavanagh, Comcast’s chief financial officer. “Our offering is resonating with customers, as our consistent innovation and investment in our network has enabled us to stay ahead of customer expectations for not just high speeds, but also wall-to-wall Wi-Fi coverage and the ability to manage the increasing number of devices attached to their home networks.”

Comcast CEO Brian Roberts praised Comcast’s achievement of rolling out gigabit download speed to more customers than any other telecommunications company in the country.

“Our 1 gigabit internet is now available to nearly all of the 58 million homes and businesses passed in our footprint,” Roberts said. “This is the fastest deployment of gigabit speeds to the most locations in the country by anybody.”

Roberts claims Comcast will continue to build many of its future products and services around its broadband platform.

“We are investing to harness the capacity and capabilities of our network and deliver innovative differentiated experiences, which we believe gives us a long runway for further growth,” Roberts told investors on a morning conference call. “We are competing really well in residential broadband by offering customers the fastest speeds, most reliable Wi-Fi coverage in the home, and industry-leading Wi-Fi management and controls. We’ve branded our holistic broadband product as xFi, and continue to add new features, and we’re rolling out our xFi gateways and pods to further enhance the service.”

Comcast’s growing reliance on broadband products comes at the same time it faces additional cable television cord-cutting activity.

Cavanagh blamed online video streaming competitors like Sling TV and DirecTV Now for poaching its “low value” subscribers, admitting Comcast lost at least 95,000 net residential video customers in the last three months.

A group largely funded by the telecommunications industry is among the latest to call on Congress to pass net neutrality legislation, just as long as the cable and phone companies that have fiercely opposed net neutrality as we know it get the chance to effectively write the law defining their vision of a free and open internet.

Broadband for America (BfA) has long pretended to represent the interests of consumers. It has tried to steer clear of partisan politics by representing itself as a bipartisan organization, claiming that since its formation in 2009, the Broadband for America coalition “has included members ranging from consumer groups, to content and application providers, to the companies that build and maintain the internet. Together these organizations represent the hundreds of millions of Americans who are literally connected through broadband.”

In this spirit, BfA has given top priority to adopting a new, bipartisan, federal net neutrality law that would eliminate the regulatory uncertainty changing administrations have introduced through agencies like the FCC.

The telecom industry shuddered under the Obama Administration’s FCC with Thomas Wheeler as chairman. Wheeler pushed for bright line net neutrality rules that cut off the industry’s ability to toy with paid fast lanes on the internet, potentially costing telecom companies billions in future revenue opportunities. Wheeler backed his regulatory authority by using Title II regulations that have withstood corporate court challenges since the 1930s, and made clear that authority also extended to blocking or banning future creative monetization schemes that unfairly favored some internet traffic at the expense of other traffic.

The incoming Trump Administration discarded almost every regulatory policy introduced by Wheeler through its appointed FCC chairman, Ajit Pai. With Republicans in firm control at the FCC, in the White House, and in Congress, the broadband industry and its political allies feel safe to draft and pass a new federal law that will give companies regulatory certainty. One proposal could potentially permanently remove the FCC’s future ability to flexibly manage changing broadband industry practices.

BfA’s “pro net neutrality” campaign directly targets consumers through its website while also pretending to represent their interests. It is a classic D.C. astroturfing operation — fooling unwitting consumers into pushing for policies against their best interests. BfA claims it supports “policies that align with the core principles of an open internet: no blocking, no throttling, no discrimination and most importantly, ensuring all consumers have access to internet. Further, despite state efforts, only Congress maintains the power to regulate the internet.”

Broadband for America’s campaign to block this legislative maneuver actually helps net neutrality opponents.

Since no phone or cable company in the country is seeking to block, throttle, or discriminate against certain websites, passing a law that prohibits this is not controversial. But BfA does not mention other, more threatening practices ISPs have toyed with in recent years that would be banned by robust net neutrality rules. At the top of the list is “paid fast lanes,” allowing preferred content partners to get preferential treatment on sometimes clogged internet pipes. As past controversies between Netflix and Google over interconnection agreements illustrate, if an internet provider refuses to continually upgrade traffic pipelines, all traffic can suffer. With paid prioritization, some traffic will suffer even more because of preferential treatment given to sponsored traffic. The industry does not call this throttling, and some ISPs have blamed content providers for the problem, suggesting Netflix and YouTube traffic unfairly takes a toll on their networks.

BfA also objects to state efforts to bring back net neutrality, claiming such regulatory powers only belong in the hands of the federal government (especially the current one). It is no coincidence BfA’s beliefs and policies mirror their benefactors. While claiming to represent the interests of consumers, BfA is almost entirely funded by: AT&T, CenturyLink, Charter, CTIA – The Wireless Association, Comcast, Cox, NCTA – The Internet & Television Association, Telecommunications Industry Association (TIA), and USTelecom-The Broadband Association. The only major American telecom company not on this list is Verizon, but their interests are represented by USTelecom, an industry-funded lobbying group that backs America’s top telephone companies.

Broadband for America shares a list of some of its members — all a part of the cable, wireless, and telephone industry.

Under the guise of the midterm elections, BfA issued a new call for federal legislation enforcing the telecom industry’s definition of net neutrality, and not just on telecom companies. BfA also wants regulation of “edge providers,” a wonky term that means any website, web service, web application, online content hosting or online content delivery service that customers access over the internet. In reality, the only edge providers the industry is concerned with are Apple, Amazon, Google, Microsoft, and Facebook — companies that often directly compete against telecom company-backed content ventures and lucrative online advertising. Ironically, many Republicans that have strongly argued for deregulation have supported imposing new laws and regulatory oversight on some of these companies — notably Google and Facebook. Amazon joined the list as a result of President Trump’s ongoing feud with Jeff Bezos, Amazon’s CEO and owner of the Washington Post.

Backing the BfA’s lobbying push for a new net neutrality law are results from a suspect BfA-commissioned (and paid for) study by a polling firm that claims “87 percent of voters ‘react positively to arguments for a new legislative approach that sets one clear set of rules to protect consumer privacy that applies to all internet companies, websites, devices and applications.’” A full copy of the study, the exact questions asked during polling, and more information about the sampling process was not available to review. Instead, the conclusions were posted as an opinion piece by Inside Sources, a website that provides D.C. strategy, public relations, and lobbying firms with a free home to publish OpEds on behalf of their clients. Newspapers are allowed to reprint Inside Sources wire service content for free, sometimes without full disclosure of the financial arrangements behind the studies or author(s) involved.

The BfA campaign for a federal net neutrality law is not in isolation. The telecom industry has been on an all-out push for a new net neutrality law since Ajit Pai led the campaign to repeal the FCC rules. The industry’s campaign for pseudo-net neutrality has even won over some in the media like the editorial board of the Washington Post, that published its own OpEd in early October calling Wheeler’s use of Title II authority a regulatory overreach. The Post also has no patience for lawsuits being filed by telecom companies and the Justice Department against the state of California after passing its own statewide net neutrality law. The industry pushback in court is part of the Post’s argument for a new national law to ‘end confusion’:

The fight over net neutrality today can be reduced to a single sentence: Everyone is suing everyone else. Congress should step in.

The Justice Department said Sunday it will take California to court over its law requiring Internet service providers to treat all traffic equally. Those ISPs were already primed to sue states on their own. And California is one of more than 20 states suing the Federal Communications Commission over its repeal of the Obama administration’s rules. “We’re not out to protect the robber barons. We want to protect the people,” California Attorney General Xavier Becerra (D) told us.

The FCC abdicated its responsibility on net neutrality when it repealed the old rules with no adequate replacement. Now, without setting forth its own rules, the federal government is seeking to block states from creating their own. That may be frustrating to Americans who want an Internet where providers do not dictate what information reaches them and how fast. But a nationwide framework governing net neutrality would be preferable to a patchwork of state regulations establishing local regimes for systems that transcend borders. And creating that framework is up to Congress.

But not all are confused. California resident Bob Jacobson defended his state’s interests in a rebuttal to the Post’s editorial:

Absurd reasoning emanating from the nation’s capital of corruption, Washington, DC. California has always led the nation — including the Federal government — in the sensible, productive regulation and consequent growth of its telecom and information economy, now the world’s largest. The Moore Universal Telecom Services Act, passed in reaction to the breakup of the old AT&T, is still the nation’s only comprehensive, progressive telecom policy, its success reflected in California’s robust technological and social infrastructure. Rather than supersede California’s policies, our national and other state legislature’s and regulatory agencies should learn from and adapt them to better serve equally all the American people. (And get rid of that mockery known as the Trump FCC.)

AT&T’s Outage Map (DownDetector.com)

AT&T customers across northern Texas suffered a day-long outage selectively affecting television, phone, and internet service after an electrical fire at an AT&T facility in Richardson disrupted service and exposed the phone company’s lack of network redundancy.

Customers noticed the outage Monday morning at around the same time the Richardson fire department was dispatched to AT&T’s switching office at 1666 Firman Drive. Reporters on scene saw smoke marks on the side of the building, and a later incident report detailed an electrical fire that damaged part of the building and the primary and secondary backup electric systems.

An early tweet from AT&T claimed the outage was caused by a direct lightning strike on the building. AT&T has since retracted that assertion and claims the cause of the fire is currently under investigation.

AT&T’s smoke stained building in Richardson.

While causing a nuisance for residential customers, the extended outage caused financial losses for area businesses that rely on AT&T phone and internet services to take orders and process credit card transactions.

ATMs that were in service provided needed cash to spend in area establishments, because credit cards could not be accepted due to the outage.

Some customers wondered why AT&T did not have network redundancy to act as a backup after the fire. AT&T had no comment.

The company does not plan to issue service credits for the outage unless customers specifically ask for one.

Service was restored at around 10:30pm CT.

KTVT in Dallas reports service is restored for most AT&T customers in North Texas that experienced a day long service outage. (2:50)

KDFW in Dallas shows some of the damage a fire in Richardson caused to AT&T’s facilities serving the Dallas-Ft. Worth area. (1:37)

Charter Communications’ ongoing settlement talks with the New York Public Service Commission are “productive” and will likely result in a final settlement agreement allowing Spectrum to continue operating in New York.

Today, the Public Service Commission formally approved a third extension for Charter, allowing the cable company to hold off filing an orderly exit plan and an appeal of the order revoking approval of Charter’s acquisition of Time Warner Cable in New York State. Department of Public Service (DPS) staff recommended one last 45-day extension to allow settlement discussions to continue and conclude.

“These discussions have been productive and should continue. However, DPS Staff believes that the Commission should direct that any request granted in response to Charter’s most recent filing be final in form and that any additional time allowed must either result in a settlement agreement being presented to the Commission or the cessation of settlement talks and a resumption of the processes outlined in the Revocation and Compliance Orders, unless good cause is shown by both parties,” wrote John J. Sipos, acting general counsel for the Public Service Commission. “This will ensure that progress is made or that in the event a settlement is not reached, that there is certainty as to the expectations on the parties going forward.”

DPS staff identified nine principles guiding discussions towards a final settlement:

1. All addresses that are counted toward Charter’s obligations must further the Commission’s statements that service be provided to those in less densely populated areas (i.e., Upstate N.Y.).
2. Addresses counted toward Charter’s obligations must not have had network previously passing the address or high speed broadband service available from a competitor. As the Commission has previously noted, New York City is one of the most wired cities in America, with much of the City served by multiple providers. Thus, the focus of the buildout should be in Upstate N.Y.
3. Overlap between Charter’s proposed buildout Upstate and those areas awarded by the Broadband Program Office should be minimized or eliminated to the maximum extent practicable.
4. The goal of DPS Staff and New York State is to ensure that the maximum number of New York State residents have wireline cable and broadband networks available to them.
5. Charter’s violations of the January 8, 2016 order and September 2017 Settlement Agreement must be addressed.
6. Going forward, the scope of changes allowed to be made to the buildout plan should be limited in order to provide certainty to New Yorkers as to when Charter’s network will pass their homes and businesses.
7. Safety is of paramount importance to New York State and that, regardless of any targets agreed to, all work must be done safely.
8. Company representations regarding the buildout and compliance with PSC orders must be truthful.
9. The buildout schedule must establish concrete and enforceable consequences should Charter fail to meet its obligations.

Because the ongoing discussions have been conducted in private, without input from interested third parties (including Stop the Cap!) and the public, the revelation of the “nine principles” are the first indication the public has that the Commission’s staff has limited the scope of its negotiations to the rural broadband buildout obligation contained in the original merger approval order. This also coincides with Gov. Andrew Cuomo’s high-profile commitment to expand broadband availability to every New York resident, one of the achievements the governor cites in his re-election campaign. Charter’s participation is essential to the program achieving its objectives, because rural broadband funding has been diverted to addresses not identified as targets for Charter’s rural broadband buildout.

Gov. Andrew Cuomo announcing rural broadband initiatives in New York.

Charter ran into trouble with the Commission because it failed to initially meet its buildout targets for 2017 and progress further faltered in 2018. The Commission argues Charter attempted to mask the problem by counting new passings in urban areas towards its broadband expansion commitment, including many addresses in the New York City area. When Charter balked at the Commission’s broad disqualification of Charter’s progress reports, many that included locations outside the intended goal of the rural expansion effort, the PSC hastily met in July and revoked approval of the original merger agreement, directly threatening Charter’s ability to provide Spectrum service in the state.

A vocal group of consumers among the 78,000 rural New Yorkers without access to cable, DSL, fiber, or wireless broadband are also calling out the governor and the Broadband Program Office (BPO) for bait and switch rural broadband. They accuse the governor of promising to get broadband service to every New York home or business that wants it, but quietly capitulating on that commitment by assigning tens of thousands of rural New Yorkers satellite internet service from HughesNet, widely criticized for not consistently meeting broadband speed standards and offering heavily usage capped service at very high prices.

Because the DPS has set a goal to minimize overlap of Charter’s planned expansion areas with addresses designated for BPO-funded HughesNet service, the Commission will indefinitely prevent satellite customers from getting other practical internet options, because many of these locations are high-cost service areas. Stop the Cap! urged the Commission to consider requiring Charter to further expand its rural broadband commitment as a penalty for earlier transgressions, specifically targeting as many satellite-designated addresses as practical, even if HughesNet has already received BPO funding to serve those locations.

Dampier

“The commitment should be to protect the interests of the public, not the assigned provider,” said Phillip Dampier, director and founder of Stop the Cap! “The Commission’s goal to maximize the number of New York addresses where wireline cable and broadband networks are available is laudable. But this goal is immediately abandoned in areas designated for satellite service. Satellite internet access has rarely, if ever, been considered by broadband regulators to be a suitable replacement for wired internet access. Satellite internet access has proven again and again to be a frustrating and inadequate broadband solution.”

“We are talking about a very small percentage of places where overlapped funding may occur, potentially giving these rural New Yorkers two options for internet access instead of one,” Dampier added. “There is no conflict with the public interest if it means these customers have the option of a much faster, unlimited internet access plan — something HughesNet does not and will not offer in the foreseeable future.”

Stop the Cap! argues without a better option for residents stuck with satellite, the governor has broken his promise and commitment to these left-behind New Yorkers.

“In many cases, these addresses are literally just down the road from the nearest Spectrum customer,” Dampier noted. “Niagara County, for example, is hardly in the middle of the Adirondacks and is heavily wired by Spectrum/Time Warner Cable already. Is it too much to ask to push them to do more?”

John B. Rhodes, chairman of the New York Public Service Commission, signed an order granting the extension, but acknowledged the lack of broadband service in counties where Spectrum offers service to some residents but not others is a point of contention.

“Many Upstate New Yorkers living in Charter’s franchise areas are understandably frustrated by the lack of modern communications infrastructure,” Rhodes wrote. “The Compliance and Revocation Orders [revoking the merger] were designed to deal with very serious issues presented by Charter’s conduct related to the company’s network expansion. As such, the processes envisioned therein must continue in the absence of an agreement.”