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Golden Parachute Bonanza for Time Warner Cable Executives

powerballNormally when one learns they are losing a job after only a few months in management, it is a time for sober reflection and emotional recovery.

Not so for top executives at Time Warner Cable who can expect Golden Parachute packages that rival the Powerball jackpot.

CEO Robert Marcus, who will eventually walk away from Time Warner Cable after becoming its CEO only this year will receive a package worth up to $80 million, according to a document filed with the Securities and Exchange Commission. That is way up from the estimated $56 million severance package he was anticipating.

In addition to more cash and stock options, Time Warner Cable created something called a “supplemental bonus opportunity” that will hand Marcus an extra $2.5 million in walk-around money if he agrees to stick around until the merger is completed. The idea behind the bonus incentive is to keep executives happy during the pendency of the merger. If top employees defect or lose focus on Time Warner Cable’s operating plan over the coming year, it could rattle the value of the company’s stock.

Most regular employees are not invited to the enhanced compensation party and will spend the rest of this year updating their resumes before the combined company finds millions in “cost savings” from anticipated layoffs and call center closures.

Time Warner Cable’s Golden Parachute Compensation

Name Cash
($)(1)(2)
Equity
($)(3)
Perquisites/
Benefits
($)(4)
Other
($)(5)
Totals
($)
Robert D. Marcus
Chairman and Chief Executive Officer (former President and Chief Operating Officer) 20,458,904 56,506,890 399,838 2,500,000 79,865,632
Glenn A. Britt
Retired Chairman and Chief Executive Officer(6)
Arthur T. Minson, Jr.
Executive Vice President and Chief Financial Officer 7,008,904 19,327,402 80,132 675,000 27,091,438
Michael LaJoie
Executive Vice President and Chief Technology and Network Operations Officer 3,374,658 12,539,053 72,164 325,000 16,310,875
Philip G. Meeks
Executive Vice President and Chief Operating Officer, Business Services 3,715,068 7,622,524 58,751 300,000 11,696,343
Irene M. Esteves
Former Executive Vice President and Chief Financial Officer

Among the benefits for the top-five executive officers:

  • accrued but unpaid bonus for any previously completed fiscal year, based on actual results for the year;
  • pro rata bonus for service during the year of termination, based on actual results for the year;
  • 36 months of continued salary and bonus payments, paid on TWC’s normal payroll payment dates for salary, where the bonus component is set at target.

Wall Street Bank Money Party

comcast twcIn the all-encompassing merger proposal submitted to the Securities and Exchange Commission, Time Warner Cable noted it sought the advice of several Wall Street investment banks and related institutions. Unsurprisingly, based on the material submitted voluntarily by Time Warner Cable and Comcast, the banks submitted written reports declaring that the merger proposal seemed fair. For that, these advisers were well-compensated. In all, Time Warner Cable and Comcast will pay a combined $135.5 million in fees in return for the positive assessment of the merger’s potential:

  • In connection with Allen & Company’s financial advisory services, TWC has agreed to pay Allen & Company an aggregate cash fee of $25 million, a portion of which was payable upon delivery of Allen & Company’s opinion to the TWC board of directors in connection with the merger and $17.5 million of which is contingent upon consummation of the merger;
  • In connection with Citi’s services as TWC’s financial advisor, TWC has agreed to pay Citi an aggregate fee of $36 million, of which a part was payable upon delivery of its opinion and $28.5 million is payable contingent upon consummation of the merger. In addition, TWC has agreed to reimburse Citi for certain expenses, including fees and expenses of counsel, and to indemnify Citi and related parties against certain liabilities, including under federal securities laws, arising from Citi’s engagement;
  • TWC has agreed to pay Morgan Stanley for its financial advisory services in connection with the merger an aggregate fee of $36 million, of which a part was payable upon delivery of its opinion and $28.5 million is payable contingent upon the closing of the merger;
  • In connection with Centerview Partner’s LLC services as the TWC independent directors’ financial advisor, TWC has agreed to pay Centerview an aggregate fee of $11 million, portions of which were payable upon the rendering of Centerview’s opinion and in connection with its engagement and $3 million of which is payable contingent upon consummation of the merger;
  • J.P. Morgan has acted as financial advisor to Comcast with respect to the proposed merger and will receive a fee from Comcast for its services equal to a total of $27.5 million, $25 million of which will become payable only if the proposed merger is consummated.

Cable Customer Service Improvements: Fool Me Once, Shame on You; Fool Me Twice, Shame on Me

Phillip "More empty promises from the cable industry" Dampier

Phillip “More empty promises from the cable industry” Dampier

Listening to Time Warner Cable’s “Here today and gone much richer tomorrow” CEO-in-passing Rob Marcus prattle on endlessly about improving “the customer experience” on analyst conference calls, the cable company’s blog, and in various press statements always makes me pinch myself to be certain I am not dreaming.

Time Warner’s Rob Marcus:

I’m focused on ensuring we establish a customer-centric, performance-oriented, values-driven culture defined by four basic tenets:

  • We put our customers first,
  • We are empowered and accountable,
  • We do the right thing, and
  • We are passionate about winning

What does that mean for customers? If we expect customers to trust us to connect them to what matters most, we must put them at the center of everything we do.

How is that working out for you?

Based on consumer surveys, many of Marcus’ customers may have a different sentiment:

  • Time Warner puts what is best for Time Warner first,
  • Time Warner is empowered to raise rates for no clear reason and as a deregulated entity is accountable to no one,
  • Time Warner does the right thing for Time Warner executives and shareholders,
  • Charlie Sheen was also passionate about “winning.”

 

So much for Comcast's customer service improvement project promised back in 2007.

So much for Comcast’s customer service improvement project promised back in 2007. (Source: ACSI)

There is nowhere to go but up when it comes to improving the abusive relationship most Americans have with the local cable or phone company. CNN asked the question, “do you hate your Internet provider,” and within hours more than 600 customers sang “yes!”

Marcus

Marcus

This is hardly a new problem. Karl Bode at Broadband Reports reminds us that Comcast broke its promises for major improvements in customer service more than five years ago. CEO Brian Roberts at the time blamed the troubles on Comcast’s enormity — taking 250 million calls a year handling orders, customer complaints, etc., is a lot for one company to handle.

“With that many calls, you are going to have failures,” Roberts admitted.

With more than 10 million Time Warner Cable customers waiting to move in at Comcast, if what Roberts says is true, things are about to get much worse. In fact, even before the merger was announced Comcast was just as despised as ever, thanks to rate hikes, usage caps, and poor service often delivered from their notorious sub-contractors that appear on the news for falling asleep, murder, digging in the wrong yard or blowing up laptops, dishwashers or homes.

Judging from the enormous negative reaction customers of both Time Warner Cable and Comcast had to the news the two were combining, it’s clear this merger isn’t the exciting opportunity Marcus and Roberts would have you believe.

‘If you despise Comcast today, your hate will know no bounds tomorrow as Comcast spends the next two years distracted with digesting Time Warner Cable,’ suggested one customer.

Another asked whether Americans have resigned themselves to a trap of low expectations, seeking out one abusive telecom company relationship after another.

highlights“After twenty years of Time Warner’s broken promises, service you can’t count on, and price hikes you can, I made the fatal mistake of running away from one bad relationship into the arms of another with the Bernie Madoff of broadband: AT&T,” wrote another. “Slower service, an unnecessary allowance on broadband usage, and one rate increase too many is hardly the improvement we were promised in the shiny brochure. But we have nowhere else to go.”

Being stuck with an independent phone company with no cable provider nearby can mean even worse service.

“I live in Seattle, and the only option in my neighborhood is CenturyLink DSL,” wrote Jen Wilson.

CenturyLink’s top speed in Wilson’s neighborhood? 1Mbps. At night, speeds drop to 122kbps — just twice the speed of dial-up Internet.

CNN’s Frida Ghitis observed the current state of broadband in the United States is alarmingly bad, and allowing Comcast and Time Warner Cable to merge won’t fix it:

Americans are divided on many issues, but resentment against these telecom giants is so pervasive that it may just be the most heartwarming symbol of national unity. And that’s as it should be. Except that the resentment should extend to politicians who have made this disastrous system possible and allow political contributions to prevent them from fixing it. The problem is not just one of dismal customer service. Instead, it is a growing threat to the country’s economic and strategic position.

If you travel overseas, you will quickly notice that Web access in much of the developed world is light years ahead of America’s. You may also be irritated to discover that far better Internet is much, much cheaper in other countries.

Time Warner's notorious modem rental fee was just a hidden rate hike, according to the ex-CEO.

Time Warner’s notorious modem rental fee was just a hidden rate hike, according to the ex-CEO.

Thus far, Time Warner’s remedy to improve service is yet another rate increase. Broadband prices are rising an average of $3 a month — $36 a year, with no speed enhancements on the horizon except in New York, Los Angeles, and cities where Google Fiber is threatening to kick the cable company in the pants. That means Time Warner’s 11.1 million broadband customers will deliver as much as $33.3 million more in revenue each month for broadband service alone. What will you get in return? In most cases, nothing.

Television customers will be pick-pocketed for the newly-“enhanced” on-screen guide many still loathe, which carries a new surcharge applied to the cost of set-top boxes and DVRs. This “enhancement” alone will cost most customers with two boxes an extra $30 a year. It will provide Time Warner with more than $170 million each year in revenue enhancement.

The cable company that fought a battle with CBS last summer “on behalf of customers” faced with paying extortionist pricing for CBS-owned cable networks and local stations will instead send their extortion payment direct to Time Warner, thanks to a new $2.25/mo “Broadcast TV Fee” imposed this spring by the cable company.

But Time Warner is unlikely to hang on to that money for long.

If it wanted to discourage programmers from demanding double-digit percentage rate increases, the plan is likely to backfire once the networks smell the money — more than $25 million a month, $300 million a year — Time Warner claims to be collecting on their behalf.

Time Warner Cable Spams Customers With Empty Promises E-Mail

twc spam

Robert D. Marcus has plenty to be excited about. After less than two full months on the job as CEO, he agreed to sell Time Warner Cable and exit his management role if and when the merger is approved. But he won’t be hurting, because he negotiated a bountiful golden parachute that will award him more than $56 million in exit compensation the day he leaves.

Courtesy: Jacobson

Courtesy: Jacobson

That is but one example of the kind of “innovation” Comzilla will offer Time Warner Cable customers. Others include charging top dollar cable modem rental fees, a broadcast TV surcharge, a completely arbitrary usage cap on broadband service, and an offshore customer service experience even more despised than what Time Warner Cable customers get. 

Without actual head-to-head competition, there is no doubt we will hear executives crow to Wall Street that a supersized Comcast has plenty of room to raise broadband prices even higher and to cut company investments in innovation it won’t need to succeed in a controlled duopoly market.

AT&T and Verizon executives — Comcast’s largest competitors — have shrugged their shoulders about the merger deal, believing it will have almost no effect on their bottom lines. Why should it? Comcast has found a growth formula that works — a tap dance away from competition — buy out other cable companies to grow the customer base instead of winning ex-customers back with better service and a lower price.

It appears Marcus’ grand vision for turning Time Warner Cable around with a massive investment in faster speeds and better service is now dead. All that is left on the table is the vague notion of a “significant investment to improve reliability and to enhance our customer service.” In other words – we’ll do a better job to make sure the service you already pay big money to receive actually works and we’ll do a better job answering our phones.

Survey results show the proposed merger is not at all popular with Time Warner customers.

Nothing about Marcus’ spammed e-mail to customers is likely to change that perception.

Comcast’s Capitol Hill Cash Dump: Committees Overseeing Time Warner Merger Getting Big $

comcast stormComcast is dumping a blizzard of cash on Capitol Hill in a late winter storm of lobbying to win approval of its $45 billion buyout of Time Warner Cable.

Politico reports Comcast’s money is bipartisan, with generous checks going into the campaign coffers of Texas Republican Ted Cruz and Illinois Democrat Dick Durbin. In fact, the news site reports Comcast has donated to almost every member of Congress who has a hand in regulating the cable company.

In fact, the only three members of the Senate Judiciary Committee that have not received a contribution from Comcast are Sens. Al Franken (D-Minn.), Mazie Hirono (D-Hawaii), and Jeff Sessions (R-Ala.)

That Franken did not receive any Comcast cash comes as no surprise after the senator sent his supporters e-mails blistering the merger.

“Comcast reportedly has an army of over 100 lobbyists ready to swarm Capitol Hill and whose goal is to push this through,” Franken wrote. “Their top priority is Comcast’s bottom line — not whether this deal will be good for consumers. There’s also a pretty cozy relationship between Comcast and the regulators that will evaluate this deal, which I find troubling.”

When Politico asked members of Congress whether the generous contributions from the cable giant would influence their thinking about the merger deal, none had any comment.

It’s much the same story in the House of Representatives, according to Politico:

Comcast spreads the cash around.

Comcast spreads the cash around.

On the opposite side of the Capitol, the House Judiciary Committee is readying another hearing on Comcast — and many of its members also are familiar with the company’s financial support. Chairman Bob Goodlatte (R-Va.), for example, has received $15,000 this cycle from Comcast, some for his leadership PAC and the rest for his personal campaign.

The House Energy and Commerce Committee and its Senate counterpart so far haven’t scheduled their own reviews of the new Comcast-Time Warner Cable deal. But both panels do regulate Comcast by way of their broad jurisdiction over Internet, cable and telephone issues, and they have been canvassed almost entirely by Comcast contributions. The company has given to 50 of 54 of the House committee’s Democrats and Republicans, donating either to their reelection campaigns or their leadership PACs, according to a POLITICO analysis of campaign finance data from Jan. 1, 2013 to Jan. 31, 2014. And Comcast has donated in some way to 20 of 24 lawmakers on the Senate Commerce, Science and Transportation Committee.

There has been a total of $12,500 in checks for Walden, the leader of the telecom subcommittee, to both his personal coffers and leadership PAC. Comcast also has given $2,500 to Rep. Frank Pallone (D-N.J.), a contender to lead Democrats on the full Energy and Commerce panel following the retirement this year of California Rep. Henry Waxman — another recipient of Comcast support.

Albert Foer, president of the American Antitrust Institute, which opposes the merger, says Comcast’s contributions began long before the merger deal, but that is a well-considered strategy.

It’s “proactive giving,” said Miller, “so that when a corporation needs access in a time of trouble, investigation or oversight, they have already built the quote-unquote relationships they need to soften or make their arguments to a sympathetic audience.”

Ex-Congressman Klink’s Relationship With Comcast: I See Nothing, I Hear Nothing, I Know Nothing

Phillip Dampier March 5, 2014 Comcast/Xfinity, Competition, Consumer News, Editorial & Site News, Public Policy & Gov't Comments Off on Ex-Congressman Klink’s Relationship With Comcast: I See Nothing, I Hear Nothing, I Know Nothing
Klink

Klink

Rep. Ron Klink represented the citizens of Pennsylvania’s 4th Congressional District for most of the 1990s, but today he represents the interests of Comcast — but one would never know it from his website’s client list.

Klink was a popular moderate Democrat in his far western-central district north of Pittsburgh. But that was not enough to challenge then-Sen. Rick Santorum in 2000 for a Senate seat. Klink was a virtual unknown in the heavily populated eastern part of the state and lost the race by five points.

Klink did not stay disappointed for long after the election, following many other ex-members of Congress through Washington’s revolving door, coming out on the other side as a professional lobbyist.

Ron Klink & Associates tells its clients, “the key to success… is access.”

“At Ron Klink and Associates, we pride ourselves on having the expertise and experience to navigate our clients through the political and bureaucratic mazes of government at the federal, state and local levels,” says Klink’s website. “It is often the case that organizations involved in issues of the day have the most difficulty reaching the branches of government needed to state their case. Whether on Capitol Hill in Washington, D.C., at federal agencies, or at any State Capitol, we guide our clients to interact effectively with decision makers in order to advance each client’s agenda.”

Klink specializes in getting clients face time with elected officials — access ordinary citizens are unlikely to have. When members of Congress ponder policy changes, many rely heavily on the advice that reaches them during these meetings. Knowing how to get a personal sit down with a member of Congress or senator can make all the difference. Fact-finding hearings are also critical in the persuasion game, and Klink’s firm makes sure clients win access to the precious few seats at the testimony table:

klinkassocRon Klink and Associates provides clients with the opportunity to influence the decisions made in the halls of Congress, federal agencies and the White House. We have extensive experience in issues analysis that can be helpful to a client trying to anticipate policy changes in the government. Ron Klink and Associates will work with the client to develop and then successfully implement a strategy that yields desired results. Our extensive contacts on Capitol Hill and the Executive Branch, allow our clients’ issues, whether legislative or regulatory, to be heard by key decision makers, thus giving a competitive advantage to the client.

Direct lobbying is only part of our government relations service. With more that 2,500 pieces of legislation being considered annually by the Congress, it is difficult for companies to follow legislation important to their industries. Ron Klink and Associates provides daily monitoring of all legislation, committee hearings, proposed rules, media events, news reports and behind the scenes discussions pertinent to the client’s success. Ron Klink and Associates will report daily if necessary on any events of importance to the client.

We also arrange for our clients to testify before Congress or a federal agency hearing when deemed helpful. We draft the testimony for the client, the media advisory and eventual press release explaining the significance of the event. We provide the panel Members with information about the clients and their interests, as well as conduct all follow up that may be needed to obtain a successful result.

We have arranged seminars and briefings for Members of Congress and Executive Branch employees in order to educate them on the importance of client issues. From these seminars, we are able to build strong, bipartisan coalitions of support to assist us in advancing the client’s goals.

Comcast-LogoWith thousands of lobbyists providing services similar to ex-Congressman Klink, it should not be surprising ordinary constituents without a team to go to bat on their behalf have a hard time getting a word in.

Most lobbying firms brag about their client list to attract more business. But not Ron Klink. He likes to keep his biggest clients a secret. Among them is a little cable company called Comcast, based in Philadelphia.

Klink doesn’t mention the company at all and does not admit he works on their behalf.

That rubbed the Tribune-Review the wrong way, and the newspaper slapped a “Loser Label” on the ex-politician:

Money-Stuffed-Into-PocketThe former congressman seems reluctant to admit he works for a communications conglomerate known for its constantly rising cable rates and less-than-stellar customer service.

The Murrysville Democrat was one of five former congressional members recently identified by The New York Times as being registered Comcast lobbyists. There likely is considerable work ahead for that group, as Comcast seeks federal approval to swallow competitor Time Warner Cable.

Klink’s website, ronklink.com, doesn’t identify Comcast as one of his lobbying clients. But Klink does own up to working for lesser-known entities such as Beaver County and the Findlay Township Municipal Authority.

For being so secretive about his Comcast connection, Klink gets the loser label.

Klink isn’t even close to being the only ex-member of Congress or public official now on Comcast’s payroll. Our favorite at Stop the Cap! remains the completely shameless and transparent Meredith Attwell-Baker, ex-commissioner at the Federal Communications Commission. Just months after voting in favor of the merger of Comcast and NBC, she hurried her resignation letter to FCC chairman Julius Genachowski and took a lucrative job at Comcast’s “government relations” department — a nice turn of phrase that really means “lobbyist.”

Comcast’s team includes six former government officials. From left, former Senator Don Nickles, former Representative Robert Walker, former Senator Blanche Lincoln, former Representative Ron Klink, David Cohen of Comcast and former F.C.C. member Meredith Attwell Baker.

Comcast’s lobbying team includes six former government officials. From left, former Senator Don Nickles, former Representative Robert Walker, former Senator Blanche Lincoln, former Representative Ron Klink, David Cohen of Comcast and former F.C.C. member Meredith Attwell Baker.

 

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