Maine’s broadband internet authority is proposing major changes to win public financing of broadband projects in the state, demanding better speeds and performance and giving more Maine communities the potential to construct their own public internet projects.

The ConnectMaine Authority (ConnectME), which traditionally modestly funds a variety of smaller scale internet projects in the state, wants to think big now that it has a budget over fifteen times its original size. With at least $15 million to spend this year and potentially tens of millions in federal broadband funding to manage, courtesy of Congress and the Biden Administration, the authority wants to make certain future projects can deliver the scale and service consumers need in the 21st century digital economy.

In April, ConnectME’s board voted to propose changing the criteria for broadband funding awards, now insisting that projects be capable of delivering at least 100/100 Mbps service, which is four times faster than the FCC’s current minimum definition of downstream broadband. The board hopes the faster speeds will be future-proof and more realistic of what consumers need to telecommute and access online classes, streaming video, and other high bandwidth services. The result of the proposed standards would likely require all future projects to be fiber to the home, although historically the vast majority of broadband projects funded by ConnectME in the past have been fiber to the home.

The authority has also proposed expanding the definition of what represents an “unserved/underserved” area qualified to receive public funding to include any address that lacks access to at least 50/10 Mbps service, up from the current standard of 25/3 Mbps. Such a change would likely open up funding in areas where only DSL service or wireless internet is currently available. Most cable operators can meet the new standard, so their territories would likely remain closed to public funding. Opposition from the state’s telephone companies was almost instant, however, represented in comments from Ben Sanborn, executive director of the Telecommunications Association of Maine, a state telecom lobbying group.

Sanborn considers the proposed changes negative because public dollars could end up funding competitors in areas already served by lower speed providers.

“Arguably, there are going to be a whole bunch of areas in the state that will be eligible for funding either from ConnectME or with federal dollars,” Sanborn told the Press Herald. “Our concern with that is that it is going to create a situation of overbuilding existing networks,” which could leave currently unserved areas out of getting any funding for service.

At present, about 11% of Maine homes still have no internet access, mostly in rural areas. Traditionally, telephone companies or co-op telecom providers are the most likely to provide rural internet service, but the costs to reach those not currently served can be prohibitive. Cable operators have been the least likely to extend service in rural areas, and cash-strapped telephone companies have been reluctant to replace rural copper wire networks that can extend for miles with fiber optics, just to reach a few dozen homes. As broadband penetration increases, the cost to reach remaining unserved homes typically rises as they are often the most costly to reach. Subsidy funding can make a considerable difference when determining the cost/benefit analysis of expanding service to these homes.

The authority is also hoping to inspire existing providers to adopt 100/100 Mbps as the new broadband speed minimum across the state, which it claims will meet the needs of customers. For cable providers, that likely will not happen until upgrades to DOCSIS 4.0 are implemented, unlikely in the short term. Cable broadband networks are designed to deliver much faster downstream speeds at the expense of uploads.

The newly available funds are likely to achieve a significant increase in the number of rural homes served, but probably will not be enough to achieve 100% penetration.

ConnectME plans a public hearing to discuss the proposed changes on May 13, with a final vote scheduled for later this month.

Charter Spectrum serves a significant part of the state of Maine.

The Maine state government is reviewing a measure that would require all cable operators in the state to offer customers the chance to buy individual cable channels instead of being forced into a large and costly package of dozens, if not hundreds of unwanted TV channels.

“The senior citizens in my area want to watch the Boston Red Sox,” says Rep. Jeffrey Evangelos, an independent from Friendship. “The package that Spectrum is offering in Maine that includes the Red Sox costs about a hundred bucks. These people are making $800 bucks a month on Social Security. They’re bemoaning to me at the doors, you know, ‘I can’t afford television anymore Jeff.’ And they grew up in an era when television was free.”

Maine Public Radio reports Evangelos’ solution is an insertion of a single sentence into the state franchising law:

A cable system operator shall offer subscribers the option of purchasing access to cable channels, or programs on cable channels, individually.

The proposed change won support from a state legislative committee, but scorn from cable industry lobbyists that claim the proposed measure violates federal law.

Chris Hodgdon, a Comcast lobbyist, pointed to the specific statute forbidding states from telling cable operators how to conduct business: “No state shall regulate the products, rates, services of a cable provider.”

Charter Spectrum’s regional lobbyist Melinda Kinney warned any such law would likely face immediate court challenges. Kinney complained the measure was unfair because it targets cable operators while excluding satellite and streaming providers. But consumer advocates argue that the law could actually help the cable industry as cord-cutting becomes a national phenomenon. Subscribers agree.

“I’d sign back up for cable TV in a minute if I could pick my own channels and pay a reasonable price,” said Jack Winters, 71, a former Comcast customer near Brunswick. “Comcast makes you take all or nothing so I took nothing. I miss not getting Fox News Channel, Turner Classic Movies, and Hallmark, but my bank account doesn’t.”

Sen. Angus King, the independent senator from Maine, has done his part to investigate whether such a state law would violate federal deregulation measures. He took the proposal to the FCC.

Patrick Webre, chief of the FCC’s Consumer and Governmental Affairs Bureau responded that no state has passed such a law before, so he couldn’t say much:

“In your letter you asked whether a state mandate that a cable operator provide a-la-carte services would be pre-empted by federal law. This poses a question of first impression, and we could not locate any specific Commission rules that addresses your exact issue. Thus we are not in a position to express an opinion on the question you raise.”

Under the Trump Administration, however, the Republican majority controlling the FCC would likely oppose the measure because it would introduce new regulations on the industry, something that has historically been anathema to Chairman Ajit Pai and Commissioner Michael O’Rielly. Republican Commissioner Brendan Carr, formerly a lawyer for Wiley Rein, which represents the interests of several large telecom companies, would likely also oppose the measure.

The bill now moves to the full Legislature on a tri-partisan vote of 8-2 and will be debated first in the House.

A proposed new law would require cable operators in Maine to sell individual cable channels to customers. (4:08)

DeChant

Maine taxpayers will cover the costs of a special election to fill a state legislative seat just four months after the November 2018 election, allowing the current officeholder to accept a lucrative position as a top regional lobbyist at Charter Communications.

Rep. Jennifer DeChant (D-Bath) vacated her seat representing House District 52, one she has held since 2012. In November 2018, she won re-election for her fourth term with 70 percent of the vote.

“I remain deeply grateful for the support of the people of Bath who made this experience one to treasure,” DeChant said in a statement. “While I remain committed to public service, right now it is time to focus on this transition.”

That transition will take her through the revolving door from Maine’s state legislature to Charter’s manager of government affairs and community relations for the northeast region, based in Portland. DeChant’s new job will involve lobbying lawmakers on behalf of the cable operator, which is Maine’s largest. DeChant said she made the decision based on what was best for her family.

“This new role makes it impossible to continue to fulfill my responsibilities as State Representative of HD52,” DeChant said. “Since I cannot continue to serve what would be my last term due to term limits, I must resign my seat effective Feb. 1, 2019.”

Maine, like other Northern New England states, suffers from ongoing rural broadband challenges. Consolidated Communications, formerly FairPoint, provides DSL in many smaller communities, with the rest of the region split between Comcast and Charter Spectrum for cable service in larger towns and cities.

Frustrated New Englanders that can’t get anywhere dealing with Comcast or Consolidated Communications’ customer service are getting fast fixes in New Hampshire by taking their complaints to the Consumer Protection and Antitrust Division of the attorney general’s office.

Jim Boffetti, in charge of that division, says his office receives 4,000 written complaints and 7,000 calls a year about consumer issues, a not insubstantial number from residents upset with their local cable and phone company.

New Hampshire is dominated by Comcast for cable service and Consolidated Communications for telephone service. Boffetti told The Laconia Daily Sun the two companies are familiar to staffers, responsible for more than 250 complaints for the phone company since Consolidated took over for FairPoint last year and 561 “racked up by Comcast” since 2009. Boffetti’s theory of how these companies handle consumer complaints is partly based on wearing customers down.

“The hassle factor is enormous,” he said. “It’s just the way these people do business.”

Boffetti doesn’t believe the number of complaints is unusual either, “considering the business that they’re in.”

Boffetti

Although the New Hampshire regulator cannot usually intervene to set prices, change conduct, or force resolutions, most telecommunications companies fear riling up state or federal regulators. Those government officials can potentially return “the favor” of years of arrogance and condescension when a company needs state or federal approval of a merger or permitting issue.

Only a small percentage of consumers realize they can file complaints with private groups like the Better Business Bureau, state officials like an attorney general or telecommunications/utility regulator, and federal agencies like the FCC. In every case, companies assign their best representatives to handle those complaints in an effort to protect their reputation.

When consumers file complaints with the New Hampshire attorney general’s office, the office forwards them to a designated person or department at the provider. Comcast and Consolidated assign senior level customer service departments to specifically handle these types of complaints. The representatives are given wide latitude to settle problems quickly and quietly — often refunding large sums of money, extending generous service credits, resolving ongoing service problems, or waiving service fees that ordinary customer service representatives insist cannot be done. Most of the time, complaints are settled in the customer’s favor.

“Usually it all gets worked out,” Boffetti said. “They’re pretty responsive to the complaints. They make an attempt to resolve it.”

When Karen Jacobs was offered a better deal by Consolidated Communications, she jumped at the opportunity to get cheaper and faster internet access for her home in Moultonborough. What originally cost her $104 a month was supposed to be $74 after she was sold an improved bundled service package. On the installation date, nobody from Consolidated showed up. Instead, she was told her order ‘was stuck’ in the system. To get it ‘unstuck,’ Jacobs would ‘have to pay a $300 one-time fee,’ something never mentioned by the original representative.

Complaints against Comcast are usually resolved in the customer’s favor, as this report from the New Hampshire attorney general’s office shows.

Jacobs asked the representative to waive the fee because it was never mentioned. The representative refused, and even lectured Jacobs about how little Consolidated was regulated by the state government and could do as it pleased.

“He didn’t care,” she said of one particular representative. “It was like, ‘Too bad.’”

Despite claims the $300 fee was “company policy,” it was news to Jacobs.

“That was never, ever, ever, ever discussed anywhere in the conversation,” she said. “It’s lousy.”

Jacobs had not yet filed a formal complaint, taking her story to the media instead. But similar complaints of hidden/surprise installation and activation fees are very common, and once forwarded by a regulator, are usually resolved by either waiving or refunding the charges.

Customers are gratified they get to keep their money, but remain annoyed at companies who “forget” to disclose important terms and conditions like fees as they try to seal the deal.

Customers can Google their own state’s attorney general and by searching for consumer complaints, can usually file their own complaint online in just a few minutes. In New Hampshire, residents can file a complaint on the website or mail it.

New England residents can also reach out directly to Comcast or Consolidated’s special consumer complaints departments directly by mail:

COMCAST – NEW ENGLAND
Executive Customer Care and Communications
Post Office Box 6505
Chelmsford, MA 01824-0905

CONSOLIDATED COMMUNICATIONS OF NEW HAMPSHIRE, VERMONT, AND MAINE
State Regulatory Matters
800 Hinesburg Road
South Burlington, VT 05403

Comcast provides cable service throughout northern New England and Massachusetts. Consolidated Communications provides landline service predominately in New Hampshire, Vermont, and Maine.

The New Hampshire attorney general’s consumer protection hotline is 1-888-468-4454 or (603) 271-3641, weekdays from 9 a.m. to 3 p.m. You can also contact them by email at: [email protected]

Gone from Spectrum lineups across northern New England.

Many Spectrum cable television customers across the country have seen their broadcast TV lineups shrink as the company removes “duplicate” and “semi-local” stations, even as it hikes the cost of its Broadcast TV surcharge.

Southern Maine customers are the latest to be affected with the sudden removal of Boston’s ABC affiliate, WCVB-TV on June 5 — the last Boston area station on the television lineup.

“York (Maine) is part of the Portland TV market and we carry the designated in-market ABC affiliate — WMTW,” responded Andrew Russell, Spectrum’s director of communications for the northeast division. “We no longer carry the out-of-market ABC affiliate.”

Viewers trying to watch WCVB in southern Maine saw a screen stating “programming on this network is no longer available,” instead of local news and traffic information important for a number of southern Maine residents that commute down I-95 into the Boston area for work.

“I am fit to be tied,” York Beach resident Ken Morrison told the Bangor Daily News. “And I’m not alone. A lot of people are very upset about it.”

Subscribers in distant suburbs, exurban or rural areas between two major cities often had access (often for decades) to several stations in adjacent television markets. Each subscriber could choose the station serving the city that was most relevant in their lives. Prior to Spectrum and Time Warner Cable, cable systems in these areas were often locally owned and operated by smaller companies. These operators were responsive to the needs of their customers and distant over-the-air stations were often a part of the cable lineup from the 1970s forward. But as consolidation in cable industry continues, local lineups are now usually determined in a corporate office hundreds of miles away.

This Binghamton, N.Y. PBS station was thrown off the Spectrum lineup across several counties in the Southern Tier.

That could explain why Spectrum subscribers living in Tompkins and Cortland counties in New York suddenly lost WSKG-TV, the PBS affiliate from nearby Binghamton in favor of Syracuse-based WCNY-TV. Local residents do not consider themselves a part of Syracuse. Most consider themselves residents of the Southern Tier, which stretches along the New York-Pennsylvania border and includes Binghamton, Corning, Elmira, Hornell, Olean, Salamanca, Dunkirk, Jamestown, and Vestal. Residents will tell you they have more in common with their neighbors in northern Pennsylvania than Syracuse, but Spectrum apparently knew better and announced viewers in the two counties would now have to be satisfied watching a PBS station broadcasting to an audience at least 50 miles away.

Spectrum’s decision in this case does not appear to be a financial one.

“A public media organization like us gets no money from Charter to air our programming,” said WSKG’s management. “Our programming is provided to them for free, by law.”

WSKG believes what is actually behind Spectrum’s decision to change the lineup is the regionalization of their cable system head-ends, from which television programming is managed. Programming seen on Spectrum subscribers’ TV screens across much of the Southern Tier and part of the Finger Lakes region is now managed from Charter offices in Syracuse.

“In this case, because our tower is more than 70 miles from Syracuse’s head-end, where the signal originates, there’s a line of demarcation where they don’t have to carry our signal anymore,” said WSKG station president and chief executive, Greg Catlin. “In this case, that cut-off is Cortland and Tompkins County. They have every right to be doing what they’re doing. That doesn’t mean they have to do it.”

Subscribers were exceptionally unhappy to lose their Binghamton PBS station, and the station received a significant number of listener and viewer contributions from an area that is now cut off. The Southern Tier, like Pennsylvania to the south, is notorious for poor signals due to mountainous terrain, which limits television and FM radio reception. Verizon offers no competing television service in this part of New York, leaving residents with satellite television as the only possible alternative.

WPTZ in Plattsburgh is off Spectrum lineups in several parts of northern New York.

The first week of June was a significant date on the calendar for many residents in Spectrum’s northeastern service areas. In northern New York, Spectrum customers were notified they were losing WPTZ, the NBC affiliate in Plattsburgh, in favor of Syracuse’s NBC station WSTM-TV. That Syracuse station now produces news and current affairs programming for three Syracuse stations – WSTM itself, WTVH (CBS) and WSTQ (CW) under the “CNY Central” brand. But subscribers who lost WPTZ do not consider themselves a part of central New York and would more likely choose to visit Vermont than Syracuse.

In other parts of New England, Spectrum customers also lost WMUR-TV — the New Hampshire station with one of the best regarded news operations in northern New England, in favor of WVNY in Burlington, Vt. Newscasts on WVNY are produced by its sister station WFFF-TV. WMUR has a larger American audience than WVNY. In fact, this Vermont ABC affiliate has far more viewers in southern Québec and Montréal than it does in its own home market.

Back in Maine, the local congressional delegation is turning up the heat on Spectrum, so far to no avail. State Reps. Lydia Blume and Patricia Hymanson of York have written a letter to Spectrum demanding the company reinstate WCVB or reduce the cable television bills of affected customers to compensate. So far, Spectrum has done neither.

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Morrison told the Bangor newspaper Channel 5 “is the channel of the household. We watch it every day, multiple times a day,” he said. “Many people in the York area commute to Boston. The traffic reports on Channel 5 are essential.” WCVB was also the last Boston channel that could be accessed through Spectrum. Boston channels 4 and 7 have already been discontinued.

WMUR in Manchester, N.H. is gone for many New England Spectrum subscribers.

After contacting town officials, who hold the franchise agreement with Spectrum until it expires in 2022, Morrison learned a powerful lesson about deregulation. When a cable company lacks competition or regulation, it can do pretty much what it wants.

York town manager Steve Burns says his hands are tied, noting that Spectrum’s franchise agreement is written to automatically renew (for their convenience) unless the town wants to attempt to renegotiate.

“But negotiate how?” Burns asked. “Comcast is not going to come in and compete with Spectrum. They divvy up the territory. And there’s no one else.”

Spectrum has also made sure that Burns’ phone is among those that rings first when a customer has a complaint, noting Spectrum prints his name and number on each subscriber’s bill, listing him as the “franchise administrator” for the town.

“But it doesn’t mean anything,” Burns told the newspaper. “We have no authority. They decide the programming and the fees. I don’t think we’re important to them.”

So far, all Spectrum has been willing to do is mail out a channel request form to residents who complain, but there is scant evidence the cable company will restore the Boston station, because it has refused other similar requests from subscribers across the country.

For customers in the Berkshires in western Massachusetts, they know only too well how responsive Spectrum is to channel requests. When Spectrum took over Time Warner Cable, local subscribers lost access to several stations (most recently WCVB as well), forcing some to watch local news from stations either in Albany, N.Y., or Springfield, Mass. At the same time, customers were notified Spectrum was increasing its Broadcast TV surcharge, for fewer channels.

Spectrum did not offer any significant response to U.S. Sens. Ed Markey and Elizabeth Warren, or Congressman Richard Neal when they contacted Charter Communications to complain. In Maine, it is the same story for Sens. Angus King and Susan Collins, as well as Rep. Chellie Pingree.