Powell

A former chairman of the Federal Communications Commission turned top cable lobbyist rang the warning bell at an industry convention this week, recommending America’s cable operators hurry out usage caps and usage-based billing before a perception takes hold the industry is trying to protect cable television revenue.

Michael Powell, the former head of the FCC during the Bush Administration is now America’s top cable industry lobbyist, serving as president and CEO of the National Cable & Telecommunications Association (NCTA). From 2001-2005 Powell claimed to represent the interests of the American people. From 2011 on, he represents the interests of Comcast, Time Warner Cable, Cox, and other large cable operators.

Attending the SCTE Cable-Tec Expo 2013 in Atlanta, Powell identified the cable industry’s top priority for next year: “broadband, broadband, and broadband.”

The NCTA fears the current unregulated “Wild West” nature of broadband service is ripe for regulatory checks and balances. The NCTA plans to prioritize lobbying to prevent the implementation of consumer protection regulations governing the Internet. Powell warned it would be “World War III” if the FCC moved to oversee broadband by changing its definition as an unregulated “information service” to a regulated common carrier utility.

Powell is very familiar with the FCC’s current definition because he presided over the agency when it contemplated the current framework as it applies to DSL and cable broadband providers.

While Powell has a long record opposing blatant Net Neutrality violations that block competing websites and services, he does not want the FCC meddling in how providers charge or provision access.

Powell believes some of cable’s biggest problems come from bad marketing.

Powell disagreed with statements from some Wall Street analysts like Craig Moffett who earlier predicted the window for broadband usage-based limits and fees was closing or closed already.

Powell does not care that consumers are accustomed to and overwhelmingly support unlimited access. Instead, he urged cable executives to “move with some urgency and purpose” to implement usage-based billing for economic reasons, despite the growing perception such limits are designed to protect cable television service from online competition.

“I don’t think it’s too late,” Powell said. “But it’s not something you can wait for forever.”

Powell pointed to the success wireless carriers have had forcing the majority of customers to usage capped, consumption billing plans and believes the cable industry can do the same.

The NCTA president also described many of the industry’s hurdles as marketing and perception problems.

The cable industry, long bottom-rated by consumers in satisfaction surveys, can do better according to Powell, by making sure they are nimble enough to meet competition head-on.

Powell described Google Fiber as a limited experiment unlikely to directly compete with cable over the long-term, and with a new version of the DOCSIS cable broadband platform on the way, operators will be able to compete with speeds of 500-1,000Mbps and beyond. He just hates that it’s called DOCSIS 3.1, noting it wasn’t “consumer-friendly” in “a 4G and 5G world.”

Kevin Hart, executive vice president and chief technology officer of Cox Communications joked the marketing department would get right on it.

Frontier Communications is interested in buying landlines bigger phone companies like AT&T and Verizon might want to sell.

CEO Maggie Wilderotter sat down with The Wall Street Journal to answer questions about her leadership of the independent telephone company.

Despite ongoing landline disconnects and a challenging business environment that led to a second quarter loss of $38.5 million, Wilderotter says Frontier is “well positioned for success” and is willing to acquire new customers castaway by larger phone companies like AT&T and Verizon.

“I would do acquisitions only if they’re smart,” Wilderotter said. “We would buy assets that drive more scale. We would look at another carve out like the Verizon acquisition or acquiring stand-alone rural telephone companies.”

Frontier’s last acquisition in 2010 nearly tripled its size after picking up landlines sold off by Verizon Communications.

Independent telephone companies like Frontier are not just buyers, however. Wilderotter hinted Frontier has received offers encouraging a sale of the company, perhaps even one from a satellite provider like Dish Network or DirecTV.

“Other players [like] CenturyLink have similar assets,” Wilderotter said. “Some unconventional folks might look. The satellite category [for instance]. We have had conversations in the past. They weren’t the right offers.”

Many shareholders stay loyal to Frontier because the company pays a significant dividend to those holding stock. Anything that threatens the dividend typically drives Frontier’s stock price lower, so Wilderotter was quick to note any other acquisitions will not come at the expense of that dividend.

Wilderotter

“We would do acquisitions in a way that preserves the dividend,” Wilderotter said. “We might take on more debt instead.”

Frontier’s business plan relies heavily on selling service in less competitive rural areas often bypassed by large cable operators. Because of inherent network limitations created by copper telephone lines, Frontier maintains market dominance mostly in communities where cable service is not widely available or is provided over antiquated infrastructure unsuitable for significant broadband upgrades.

In the last two years, Frontier has spent several billion dollars to upgrade its own infrastructure to offer faster and more reliable Internet access, but the upgraded service is still out of reach for many Frontier customers who need it the most. In central West Virginia, Frontier customers in Gilmer (pop. 8693) and Braxton (pop. 14,523) Counties can’t wait to drop satellite Internet access for Frontier DSL. The infrastructure has been reportedly in place for several months, but the service has not yet been switched on.

Additional Frontier broadband expansion depends on company investment and federal broadband improvement funds.

In September, West Virginia’s congressional delegation announced an award of roughly $24.1 million in leftover federal funds to continue construction of broadband infrastructure in rural areas of the state.

“With help from the FCC, so many more of our families and businesses will soon have the transformative and necessary power of high-speed Internet at their fingertips, opening the doors to many new educational and economic opportunities,” said Democratic Sen. Jay Rockefeller.

Frontier also recently applied for an extra $28.9 million from the Connect America Fund to target broadband for another 47,000 homes and business in West Virginia.

Gilmer County, W.V.

If Frontier receives 100% of the requested amount, the Obama Administration’s broadband funding programs will have contributed $63 million towards service improvement in West Virginia.

Frontier Communications manager Daniel Page said the next target areas for broadband improvement are in Pleasants (pop. 7,605) and Ritchie (pop. 10,236) Counties, both in northwest West Virginia.

Wilderotter says 85% of Frontier customers now have broadband access available to them, up from 60% in 2011.

“Our goal is to be able to reach over 90%, probably by the end of this year or first part of next year,” Wilderotter said.

The biggest challenges facing Frontier over the next year?

“Technology disruption—and [industry players’] business models being challenged,” Wilderotter told the newspaper. “Customer expectations on how they utilize the Internet continue to morph as rich applications are made available.”

To manage increased traffic, Frontier can invest in capacity upgrades or start network management measures to limit subscribers’ Internet usage.

Frontier has run a usage limit trial in Kingman, Ariz., Elk Grove and Palo Cedro, Calif., Mound, Minn. as well as Cookeville and Crossville, Tenn. for over a year to measure bandwidth consumption by application type. In those areas, Frontier DSL is usage capped at 100 or 250GB per month. Customers exceeding their allowance are advised to either limit usage or convert to a “high user” service plan starting at $99.99 a month.

[flv width=”640″ height=”332″]http://www.phillipdampier.com/video/Fox Business News Frontier Broadband 8-8-13.flv[/flv]

Frontier CEO Maggie Wilderotter told Fox Business News in August the company was “laser focused” on broadband.  (5 minutes)

Comcast has expanded its 300GB usage cap to Internet customers in Huntsville and Mobile, Ala. and Charleston, S.C.

In these cities the XFINITY Internet allowance includes a $10 penalty for each 50GB segment customers exceed the arbitrary allowance. Alabama and South Carolina join customers in parts of Georgia, Kentucky, Mississippi and Tennessee now subject to a usage allowance.

Comcast is also offering a new Flexible Data Option for Economy Plus customers that use less than 5 GB per month.

Customers who do not want the new usage caps can register their displeasure by calling Comcast Customer Security Assurance at 1-877-807-6581, contacting the local news media, or writing to your federal elected officials.

Time Warner Cable will not follow Comcast, Charter, Cox and Mediacom by imposing usage caps or move towards a compulsory usage-based billing scheme.

Yesterday, incoming CEO Robert Marcus told investors attending the Bank of America Merrill Lynch 2013 Media, Communications, and Entertainment Conference that he recognizes the majority of Time Warner Cable’s broadband customers want the company’s unlimited use offering and made it clear that option will continue to be available.

Marcus

“Most customers today — the vast, vast majority — take our unlimited offering and I think over time most customers will continue to take unlimited,” said Marcus, who currently serves as Time Warner Cable’s chief operating officer. “They value it and will be willing to pay for it. I think that is great and we have no desire to change that.”

However, Marcus also reflected on the revenue opportunities available to the company from its broadband offering, and signaled investors the company would continue to price the service commensurate with its perceived value.

“High Speed Data is a tremendous product for us,” Marcus said. “Our customers continue to use it more and more for all different sorts of applications. I think consumption growth year over year in the second quarter is somewhere north of 40 percent. It has been in that kind of range for a long time and we expect it to continue to grow at a pace like that for as long as we can see. With that increasing usage comes an increasing utility to customers and we believe an increasing willingness to pay for that incremental utility.”

Time Warner Cable increased its broadband average revenue per user (ARPU) by 9% for residential High Speed Data during the second quarter, with total broadband revenue up more than 12%, according to Marcus. Those revenue increases have been made possible by three things:

Less Costs More: *-With the FCC claiming the average Internet user consumes 28GB of broadband per month, this may explain why Time Warner Cable customers have little interest in the company’s 5GB Internet Essentials offer. (Chart: New America Foundation)

• Adding new broadband customers, mostly those abandoning telephone company DSL;
• Implementing general price increases on broadband service for existing customers and the introduction (and later increase) of modem rental fees starting last fall;
• Successfully encouraging customers to upgrade to faster speed tiers, which are sold at a higher cost.

Despite Marcus’ commitment to maintain unlimited broadband service for Time Warner Cable customers, the cable company is moving forward with several optional, usage-based tiers sold at a discount.

“There are customers who choose to consume less and we feel strongly that we need an offering for them which allows them to pay less and eliminate the structure where they have to subsidize the heavy users,” Marcus explained.

For more than a year, Time Warner has offered a little noticed, usage-limited plan for customers willing to confine their Internet browsing to a maximum of 5GB per month. The plan has not been popular with customers and very few have signed up. Time Warner announced earlier this summer they would try again.

“We’re now in the process of rolling out yet another usage-based tier of service which I think is a more meaningful one because it comports with what real-life usage is like, which allows customers to use 30GB a month of service again at a discount from the unlimited pricing,” said Marcus. “When you put 30GB in context, our average usage today is about 50GB a month, median usage is actually less than 30GB, so for some customers there is going to be an economically rational reason for them to choose that 30GB tier. I expect the take rate will be certainly higher than for the 5GB service.”

Marcus, like the current CEO Glenn Britt, admits the company is attempting to educate customers that broadband usage carries a cost.

“There is a principle at stake: that value, price and usage are related to one another and that is important over time,” Marcus said.

Comcast rates are going up again this fall in the Pacific Northwest, now exceeding $70 a month.

At least 600,000 cable customers in Oregon and southwestern Washington will pay 4.4 percent more for 100-channel television service beginning this October, raising the cost of Standard basic cable to $70.49 a month.

Despite threats of cord cutting, customers in the Pacific Northwest have remained loyal to the idea of paying for television, according to Fred Christ, policy director for the Metropolitan Area Cable Commission in Washington County.

“Subscriber numbers remain steady,” Christ told The Oregonian. “People still don’t see an easy alternative to Comcast, Frontier (FiOS TV), or the satellite providers, all of which cause more or less the same amount of pain.”

The newspaper notes sports programming may not be the cause of this year’s rate increase.

The cost of Comcast’s discounted “Digital Economy” cable package, which excludes most expensive sports networks, is rising at nearly double the rate of Standard Cable, up 8.6 percent this fall to $37.95 a month.

For those who cannot afford traditional Standard cable television, Comcast’s limited basic service, which primarily consists of local TV channels, runs $12-22 a month depending on the customer’s location. It also increased in price by about $1.30 a month in August.

Comcast may not mind cord cutters too much, because it reaps significant profits from the broadband service that powers online viewing. Comcast raised speeds from 15 to 20Mbps last spring along with the price. The popular “Performance” tier now costs $53.95 a month.

Comcast is testing the reintroduction of usage caps in a handful of service areas, typically providing up to 300GB of usage per month before overlimit fees kick in. But those Internet usage limits do not yet apply in the Pacific Northwest.

Comcast blamed the rate increases on network enhancement investments including faster Internet speeds, more multi platform video and better customer service. Comcast is currently introducing its new X1 cable box that makes finding programming easier.

Customers can avoid the worst of the price increases by choosing a bundled service package, which will see a lower rate increase. Current customers can also call Comcast to negotiate a better deal by threatening to cancel service.