New York City’s cable franchise territories

A proposal to replace Charter Communications’ Spectrum cable systems in New York with a workers co-op, owned and self-managed by its workers, would offer a bundle of television, phone, and broadband service price-capped at $100 a month for residential customers.

Developed by several dozen striking Charter/Spectrum workers, the 18-page proposal, “New York City Communication July 2018 Business Plan” would, for now, address only the five boroughs of New York City and nearby Bergen, N.J. But Troy Walcott, a striking member of the International Brotherhood of Electric Workers (IBEW) Local 3, says the current proposal was written as “a proof of concept” that can be adopted across New York State.

“The best time is now,” Walcott told LaborPress, noting that if the city (or state) decided not to renew Charter Communications’ franchise agreements in the city, there will still be a few years left before it expires, giving the proposed co-op time to develop its own network or plan to overhaul what was originally Time Warner Cable’s system in places like Manhattan.

A citywide co-op would also introduce competitive service in boroughs presently serviced by Altice, formerly Cablevision. The group would have to build its own network in those areas. If New York revokes Charter’s franchise, the cable system would likely take the city and/or state to court, setting up years of litigation. Past precedent has shown that cable systems abandoning or forced from an area are exceptionally rare, and usually involve a friendly sale of the existing system to another provider. One example was Adelphia Communications Corporation, which ran the fifth largest cable company in the country until it filed bankruptcy in 2002 after investigators revealed internal executive corruption. Adelphia systems were sold to Comcast and Time Warner Cable in most areas, although the communities of Mooresville, Davidson, and Cornelius, N.C., acquired the bankrupt Adelphia system serving parts of the three communities in 2007 for $80 million, relaunching it as a community-owned cable provider with mixed results.

A workers co-op is owned and run by its workers in the public interest.

If New York does strip Charter of its Spectrum cable franchises in the state, and if that effort survives the inevitable court challenges, Charter would likely sell its systems in New York to Comcast, an obviously motivated buyer. Another possible, but less-likely buyer is Altice, which acquired Cablevision and already provides service in parts of downstate New York, New Jersey, and Connecticut.

Charter is facing multiple investigations in New York over its business conduct. In New York City, where its franchise agreement is set to expire July 18, 2020, the company is under fire for its creative interpretation of “located in New York City” — language in Article 17 of the franchise agreement which requires Charter to use vendors registered to do business in New York, have a long-term commercial lease in New York, and more than 50% of its workforce living in New York.

With a substantial amount of its workforce on strike in the area for the last year and a half, and the industry’s trend to shift work to third-party contractors as a cost saving measure, the IBEW has been documenting instances of Charter-badged commercial vehicles parked overnight behind a Far Rockaway florist shop or in residential neighborhoods, often with out-of-state license plates.

Charter officials deny those accusations, and claim at least 75% of its vendors and contractors are located within New York City.

When Kate Blumm, assistant commissioner of the New York City Department of Information Technology & Telecommunications (DoITT) confronted Charter officials about its possible use of out-of-state vendors, the response from Charter was less than reassuring.

“Once we started to probe, we realized that Charter was essentially making the argument that if you are a worker and you are doing work in the city, therefore, you are located in the city,” Blumm said during the March 13 episode of the “Blue Collar Buzz” podcast. “They pointed us to a Macmillan online dictionary definition of what the word ‘located’ means — and we kind of looked at ourselves and were scratching our heads — this is not the spirit and intent of this provision. This provision says that Charter has to use best efforts to use vendors located in the city.”

As a result, the DoITT has pushed its franchise agreement audit one year earlier than normal, now scheduled to begin Sept. 1. The city’s concerns about Charter’s performance have been amplified at the state level by the New York Public Service Commission, which has hammered Charter executives for months about the company’s inability to meet its obligations under the 2016 Merger Order approving the takeover of Time Warner Cable.

Tell us what you think about your cable TV service – whether it’s @verizon , @Altice or @GetSpectrum – send us your comments so we can make sure New Yorkers get the best service possible 📺👉https://t.co/ic2cx3sAjW

— NYC IT & Telecomm (@NYCDoITT) July 11, 2018

“Not only has the company failed to meet its obligations to build out its cable system as required, it continues to make patently false and misleading claims to consumers that it has met those obligations without in any way acknowledging the findings of the Public Service Commission to the contrary,” said PSC Chairman John B. Rhodes. “Our patience with Charter has come to an end and now we must move to take much stronger actions.”

Mayor de Blasio

Backers of the cable co-op note many of those on their business plan development team have direct experience designing, surveying, building, and maintaining the existing Spectrum cable system originally owned by Time Warner Cable.

“We know the system because we built it,” Walcott said. “The system was already crumbling and the infrastructure needed to be redone. This is something that’s going to have to get done anyway. We’re saying, instead of letting them do it, let’s start doing it and rebuilding it ourselves — the people that are actually going to build it anyway.”

Finding enough money to proceed will be the co-op’s biggest challenge. New York City officials, like Mayor Bill De Blasio, are in favor of more cable competition in spirit, but are careful not to commit themselves, or the sizable sums required if the group decides to begin building a competing system or bid to acquire the current Spectrum system. So far, the New York City Council has committed to gradually increasing financial support for the development and cultivation of worker cooperatives, starting with $1.2 million in 2015 and increasing to $2.2 million last year. A full-scale acquisition of the existing infrastructure owned by Charter in New York would likely run into the billions of dollars.

The group hopes public demand and dislike of Charter/Spectrum will force elected officials to get involved in the effort.

For the last year and a half, while Charter/Spectrum has been accused of dragging its feet on rural broadband rollouts across New York State and is now threatened with franchise revocation, the company had plenty of time to spare waiting out the International Brotherhood of Electrical Workers Local 3, who have been on strike to protest a pay-and-benefits-race-to-the-bottom in the New York City.

The strike has attracted attention and support from many high-profile downstate politicians, particularly New York City Mayor Bill de Blasio and Gov. Andrew Cuomo, but so far the dramatically enlarged Charter Communications, which acquired Time Warner Cable in 2016, seems comfortable waiting out the union and hoping to force workers to give up and accept to the cable company’s less generous basic benefits package.

The cost of the strike has hurt average middle class Spectrum employees far more than Charter’s top executives — particularly CEO Thomas Rutledge, who had no objections to accepting a take-home bonus and pay package worth $98 million after overseeing the company’s merger. In contrast, many striking workers have depleted their family’s savings and have sold their homes to relocate to less expensive apartments as they struggle to holdout against the nation’s second largest cable company. A few others were reportedly homeless. The union’s emergency fund has been depleted.

The David vs. Goliath battle has also put enormous strain on some affected families. Some have quit the company and looked for employment elsewhere, some others have returned to work and abandoned the strike, leaving holdouts hoping for a breakthrough.

Instead, Charter appears to have won a mysterious ally in the form of a Spectrum employee hired after the strike began in 2017. Initially the worker  had a supervisory role in the company with a salary to match, but late last year strangely accepted an apparent demotion to a level three technician, while retaining his very generous managerial salary. That worker, on his own, managed to navigate a complicated procedure and cumbersome process to file a petition to decertify the union with the National Labor Relations Board. If his effort is successful, IBEW Local 3 would lose the right to negotiate for their members, which is another way of saying “break the union.”

“The guy was brought in – he’s a front, pretty much,” Staten Island mom Sanela Djencic told LaborPress. “He was brought in to bust the union.”

Not so, claims Charter.

“Charter had no involvement in the filing of the decertification petition,” Charter/Spectrum spokesperson John Bonomo flatly told LaborPress in an email. “We don’t have any further comment.”

The NLRB ruled the employee’s petition to decertify the union was valid, finding insufficient evidence to prove the worker was actually serving in a managerial capacity at the time.

In a June 27 letter to employees, John Quigley, Charter’s regional vice president of New York City field operations, was considerably less neutral about the union’s involvement in Charter’s business.

“This ruling clears another hurdle in the decertification process that will allow employees to determine their future,” Quigley wrote. “It is a common tactic for unions to delay and/or block decertification efforts as long as possible […] instead of allowing the voice of employees to be heard. We believe that employees should have the right to vote in a secret ballot election to determine their future. It is the fair and right thing to do.”

Quigley

Quigley did not comment on Charter’s own role erecting hurdles to settle the strike action, something that would also allow employees to determine their future. In fact, strikers complain companies like Charter often prefer to stall and block a fair settlement in hopes the union and its members will run out of funds before it is forced to the table to sign a new agreement.

The company’s efforts to reject union demands come at the same time it is under pressure to deliver the merger-related cost savings it promised shareholders and Wall Street as an outcome of the multibillion dollar merger deal. Cutting back on employee benefits is one way to manage that. Bringing in independent contractors, traditionally paid less and offered fewer benefits, is another. But Charter has consistently claimed it is not trying to hurt its workforce.

Scabby the Rat

“Charter did not want this strike and made multiple attempts to resolve it,” a company spokesman said. “But the union has not been a true partner in negotiations. With Local 3 refusing to even discuss the terms in Charter’s offer, we moved forward last summer and implemented wage increases and other worker benefits. Today we are putting more money into our employees’ pockets, providing them with excellent benefits, and making substantial investments to shore up their retirement benefits that are in jeopardy.”

Charter’s declarations of what is ‘fair and right’ have irritated some members of New York City government.

“Charter Communications has betrayed the public trust and is not deserving of the right to do business with our City,” said Councilman I. Daneek Miller (D-St. Albans). “Charter has an established pattern of deceit against its own workers and consumers in the name of boosting its profit margin, and it must be held accountable for its deception. Well-paying middle class jobs, healthcare and the generational security that is best achieved through union membership are core principles of our city, for which the company has demonstrated no appreciation. If Charter continues to engage in bad faith negotiations with Local 3 or sponsors any attempts to break the union, it’ll be hard pressed to persuade the council to renew its franchise agreement.”

In June, Councilman Rory Lancman (D-Hillcrest) told The Tribune, “Charter Communications has spent the past 15 months doing everything in its power to break Local 3 and boost its own bottom line. Charter’s complete disregard for its own workers and unwillingness to negotiate in good faith are beyond shameful and will not be tolerated in New York City.”

Australia’s speed-challenged NBN is looking for scapegoats and finds video game players an easy target.

In 2009, Australia’s Labor Party proposed scrapping the country’s copper wire networks and replacing virtually all of it with a state-of-the-art, public fiber to the home service in cities from Perth to the west to Brisbane in the east, with the sparsely populated north and central portions of the country served by satellite-based or wireless internet.

It was a revolutionary transformation of the country’s challenged broadband networks, which had been heavily usage capped and speed throttled for years, and for large sections of the country stuck using Telstra’s DSL service, terribly slow.

The National Broadband Network concept was immediately attacked by the political opposition as too expensive and unnecessary. Conservative demagogues in the media and in Parliament dismissed the concept as a Cadillac network delivering unnecessarily fast 100 Mbps connections to 90% of Australians that would, in reality, mostly benefit internet addicts while leaving older taxpayers to foot the estimated $43AUS billion dollar bill for the network.

The leaders of the center-right Liberal Party of Australia promised in 2010 to “demolish” the NBN if elected, claiming the network was too costly and would take too long to build. As network construction got underway, the organized attacks on the NBN intensified, and it was a significant issue in the 2013 election that defeated the Labor government and put the conservative government of Tony Abbott into power. Almost immediately, most of the governing board of the NBN was asked to resign and in a series of cost-saving maneuvers, the government canceled plans for a nationwide fiber-to-the-home network. In its place, Abbott and his colleagues promoted a cheaper fiber to the neighborhood network similar to AT&T’s U-verse. Fiber would be run to neighborhood cabinets, where it would connect with the country’s existing copper wire telephone service to each customer’s home.

Abbott

Unfortunately, the revised NBN implemented by the Abbott government appears to be delivering a network that is already increasingly obsolete. Long gone is the goal for ubiquitous 100 Mbps. For Senator Mitch Fifield, who also happens to be the minister for communications in the Liberal government, 25 Mbps is all the speed Australians will ever need.

“Given the choice, Australians have shown that 100 Mbps speeds are not as important to them as keeping monthly internet bills affordable, when the services they are using typically don’t require those speeds,” Fifield wrote in an opinion piece in response to an American journalist complaining about how slow Australian broadband was while reporting from the country.

The standard of “fast enough” for Senator Fifield also seems to be the minimum speed at which Netflix performs well, an important distinction for the growing number of Australians watching streaming television shows and movies.

Unfortunately for Fifield, network speeds are declining as Australians use the NBN as it was intended. While perhaps adequate for a network designed and built for 2010 internet users, data usage has grown considerably over the last eight years, and the government’s effort to keep the network’s costs down are coming back to haunt all involved. Several design changes have erased much of the savings the Abbott government envisioned would come from dumping a straight fiber network in favor of cheaper alternatives.

Right now, depending on one’s address, urban Australians will get one of four different fiber flavors the revised NBN depends on to deliver service:

• Fiber to the Home (FTTH): the most capable network that delivers a fiber connection straight into your home.
• Fiber to the Neighborhood (FTTN): a less capable network using fiber into neighborhoods which connects with your existing copper wire phone line to deliver service to your home.
• Fiber to the Basement (FTTB): Fiber is installed in multi-dwelling units like apartments or condos, which connects to the building’s existing copper wire or ethernet network to your unit.
• Fiber to the Distribution Point (FTTDP): Fiber is strung all the way to your front or back yard, where it connects with the existing copper wire drop line into your home.

In suburban and rural areas, the NBN is depending on tremendously over-hyped satellite internet access or fixed wireless internet. Customers were told wireless speeds from either technology would be comparable to some flavors of fiber, which turned out to be true assuming only one or two users were connected at a time. Instead, speeds dramatically drop in the evenings and on weekends when customers attempt to share the neighborhood’s wireless internet connection.

Instead of improving the wireless network, or scrapping it in favor of a wired/fiber alternative, the government has set on so-called “heavy users” and blamed them for effectively sabotaging the network.

Morrow

NBN CEO Bill Morrow recently appeared before a parliamentary committee to discuss reported problems with how the NBN was being rolled out in regional Australia. Morrow blamed increasing data usage for the wireless network’s difficulties, singling out slacker video game addicts for most of the trouble, and was considering implementing speed throttles on “extreme users” during peak usage periods.

Stephen Jones, Labor’s spokesperson for regional communications, questioned Morrow on what exactly an “extreme user” was.

“It’s gamers predominantly, on fixed wireless,” said Morrow. “While people are gaming it is a high bandwidth requirement that is a steady streaming process,” he said. Discover the ultimate in sports betting and online casino excitement with crickex bangladesh. Gamers may also visit the online pokies for convenient and thrilling games.

Morrow suggested a “fair-use policy” of speed throttles might be effective at stopping the gamers from allegedly hogging the network.

“I said there were super-users out there consuming terabytes of data and the question is should we actually groom those down? It’s a consideration,” he said. “This is where you can do things, to where you can traffic shape – where you say, ‘no, no, no, we can only offer you service when you’re not impacting somebody else’.”

The NBN itself has regularly dismissed claims that online gamers are data hogs. In an article written by the NBN itself, it stressed gameplay was not a significant stress on broadband networks.

“Believe it or not, some of the biggest online games use very little data while you’re playing compared to streaming HD video or even high-fidelity audio,” the article stated. “Where streaming 4K video can use as much as 7 gigabytes per hour and high-quality audio streaming gets up to around 125 megabytes per hour, (but usually sits at around half that) certain online games use as little as 10MB per hour.”

The article admits a very small percentage of games are exceptions, capable of chewing through up to 1 GB per hour, but that is still seven times less than a typical 4K streaming video.

In fact, the NBN’s own data acknowledged in March 2017 that high-definition streaming video was solely responsible for the biggest spike in demand. NBN data showed the average household connected to the NBN used 32% more data than the year before. When Netflix Australia premiered in March 2015, overall usage grew 22% in the first month.

So why did Morrow scapegoat gamers for network slowdowns? It’s politically palatable.

“They always have someone to blame for why the NBN doesn’t deliver, they have every excuse except the one that really matters, which is the flawed technology,” said the former CEO of Internet Australia Laurie Patton. “In this case for some reason shooting from the hip [Bill Morrow] had a go at gamers and gamers are not the problem.”

As long as Australia continues to embrace a network platform that is not adequate robust to cope with increasing demands from users, slow speeds and internet traffic jams will only increase over time. In retrospect, the decision to scrap the original fiber to the home network to save money appears to be penny wise, pound foolish.

Gov. Cuomo speaking at rally in support of striking Charter/Spectrum workers. (Image courtesy: IBEW Local 3)

New York Gov. Andrew Cuomo and New York City Mayor Bill de Blasio joined thousands of union workers in Brooklyn and Manhattan on Monday to support the workers’ six-month impasse with Charter Communications.

“We do not accept a greedy corporation trying to undercut the most basic rights of working people,” Mayor de Blasio said in Manhattan, referring to Charter and its CEO Thomas Rutledge, the country’s highest paid executive in 2016, earning $98 million.

“We’re going to demand respect for the blood and sweat of the workforce,” Cuomo said in a speech to workers at Brooklyn’s Cadman Plaza Park, on the other side of the Brooklyn Bridge. The rally was attended by Charter strikers and several unions in solidarity with the cable company workers.

Nearly 1,800 Charter employees belonging to the International Brotherhood of Electrical Workers (Local 3), walked out in late March after Charter sought to kill their pension plan and move them to a less generous health care plan. They have been on strike ever since, with no sign of progress towards ending the action.

“Screwing over workers and customers seems to be a hallmark of Charter Communications’ business model,” AFL-CIO president Richard Trumka said in an earlier statement. “Charter has disrespected workers in New York who remain on strike fighting for the freedom to negotiate together to maintain their pensions and health benefits. They also continue to disregard their customers’ needs by hiking rates while providing sub par service. This is not the way to run a company, and we support all the working people standing up to these corporate bullies.”

“Charter is offering Local 3 a generous compensation package that includes an average 22-percent wage increase — some employees up to a 55-percent wage increase — and comprehensive retirement and health benefits, including a 401(k) that provides a dollar-for-dollar match up to 6 percent of eligible pay,” counters Charter spokesman John Bonomo.

Spectrum customers in Manhattan, parts of Brooklyn, and Queens are decidedly caught in the middle, enduring more than 130 outages — some taking out service for hours, as a result of alleged repeated vandalism the company suspects is caused by striking workers. But the union notes Charter’s replacement workers are often unqualified, some taking hours to manage repairs that would “take us 10 minutes.” When Charter doesn’t have enough workers on hand to manage a repair, they call in third-party contractors. Some of them were on hand to deal with fiber optic cable cuts that took out Spectrum service for tens of thousands of customers, often in Queens and Brooklyn.

A June outage lasted almost an entire day after contractors took more than 16 hours trying to splice a cut fiber cable. Police sources blamed the striking workers.

“We would never condone that,” on-strike Spectrum technician Ray Reyes told WCBS. “We would never do that.”

A Charter employee picketing a Spectrum store.

Before the strike, Charter claims there have been only five fiber-related service outages in the last few years. Since the strike began, the company claims it has experienced 137 outages it attributed primarily to vandals. Some customers and small business owners are losing whatever sympathy they had for the striking workers.

Restaurant manager Samantha Phe has to turn away customers using credit cards every time her Spectrum internet service goes down and she is tired of being in the middle of a labor dispute.

“I think that’s a little unfair to the community,” Phe told the TV station. “Say if your company isn’t doing well for you, you’re trying to punish someone else who didn’t do anything to you.”

Many reporters in New York are barely hiding their disdain for the union and strikers, presumably because they have been affected by repeated outages as well. WCBS political reporter Marcia Kramer avoided talking to union workers in a recent report, but shouted questions to the mayor about what he feels about cable outages. She also talked to small business owners upset about the service outages.

Business owner Anthony Velez was emblematic of the level of frustration being experienced by Spectrum customers enduring repeated outages:

Velez owns Bagriculture, which was unable to conduct business when the service went out. He was also unable to access his security system, and he is furious that Cuomo and de Blasio are supporting the workers and ignoring his plight.

“I don’t think that shows the right ethics that we would look for in our mayor, or a governor,” he said.

He said politicians treat business owners as “little invisible people.”

“I don’t think there’s a lot of people who care about small business owners,” Velez said.

But not all reporters are siding with Charter.

In response to a statement from Charter blaming an outage in mid-September on “the latest round of criminal destruction of our network,” Select/All reporter Jake Swearingen asked, “Why do they always attack the aging internet infrastructure that’s been systematically underfunded for years in order to line shareholders’ pockets!”

WCBS-TV political reporter Marcia Kramer took some heat over her alleged pro-Charter positions in this story about the rally. (1:36)

AT&T wants to pass 12.9 million homes with its fiber to the home upgrade, but is upset about the price of those doing the work.

In an effort to cut costs, Fierce Telecom reports AT&T is discontinuing the practice of having two technicians prepare a home or business for fiber — one working outdoors on the fiber drop to the home and the other installing inside equipment like wiring, set-top boxes and gateways. Now one AT&T technician or subcontractor is expected to do it all.

“Originally we had a technician who placed the fiber drop and ONT [optical network terminal] on the side of the home and then they turned it over a technician inside the house that get the customer going with their services,” said Kent McCammon, lead member of technical staff at AT&T Labs. “The desire was to have what was formerly called the inside technicians perform the fiber drop, but in order to do that we had to train technicians who were not using to dealing with fiber.”

An AT&T Fiber cable placed on a pole in Dunwoody, Ga. (Image: Heneghan’s Dunwoody Blog)

To simplify training and cut costs, AT&T has been using field installed mechanical connections and pre-connectorized fiber drops, which means the installer no longer has to manually splice fiber cable connections, saving time. But as a result the technicians can no longer test the actual performance of the fiber connection to the home.

“When the technicians did a mechanical connection, you don’t have the visibility like you do with a fusion splicer where you can actually see it’s a good connection,” McCammon said. “[Once] the ONT’s green light turned on […] they left whether it was well done or not.”

That has been a risk AT&T is willing to take to speed expansion of fiber service to more of its customers, but it has also increased the number of service calls when customers are left with substandard service.

“In our recent analysis we did a few weeks ago, we’re seeing lines with variable optical power,” McCammon said, a sure sign there is a technical fault. “It’s 5% of the areas where we have installed fiber so 95% of the cases have a good connection.”

In most cases, McCammon said problems are usually the result of a bad connector and when it is replaced, power levels return to normal. It’s up to customers to notice a problem and call it in for now, but AT&T is studying whether optical time-domain reflectometer (OTDR) capability could be deployed to detect problems like air gaps or high reflection points inside the fiber.

AT&T is also reviewing how future fiber technologies can co-exist with AT&T’s current GPON fiber network. The technologies that can currently overlap AT&T’s GPON network are XGS-PON and NG-PON2. AT&T is currently reviewing XGS-PON to see if it would be suitable to deploy symmetrical 10Gbps service in the future.

“We’re getting started XGS-PON,” McCammon said. “We have it in the lab and we’re starting the IT work on that system right now, and unless something changes, that’s where we’re headed after GPON for consumer and potentially for business.”