Stop the Cap! continues the fight for a better deal for Time Warner Cable customers that could soon end up as Charter Communications customers, if the California Public Utilities Commission (CPUC) approves the merger.

While the Federal Communications Commission formally approved the deal last week, California has yet to sign off on the transaction, giving consumer advocates like Stop the Cap! an opportunity to recommend the state regulator impose stronger consumer-friendly deal conditions that guarantee customers their share of the anticipated windfall in “deal benefits” that shareholders and executives of the companies involved are likely to receive.

Our California coordinator Matthew Friedman has been educating the CPUC about the true nature of data caps and usage-based billing, and sharing our view that Charter’s promised merger deal benefits are illusory, offering little more than what Time Warner Cable already offers its Maxx-upgraded service areas. In fact, Time Warner’s ongoing commitment to not impose compulsory data caps or usage billing is likely to be canceled by Charter Communications, which has only agreed not to impose such billing schemes on customers for three years.

Even worse, future Charter customers are likely to pay higher broadband bills after Charter imposes its regular prices on Time Warner Cable customers — prices often higher than what Time Warner charges for similar services. Although Time Warner customers have been able to negotiate a better deal for themselves after threatening to cancel, Stop the Cap! anticipates Charter will not be as generous with those customers in the future.

At the minimum, Stop the Cap! is recommending the CPUC either permanently ban compulsory usage caps and usage billing from Charter, or add a competition test that will allow such billing only where consumers can switch to a competitor that offers comparable unlimited broadband service.

Charter’s broadband “deal”

The loss of [Time Warner’s] commitment [to always offer unlimited broadband options to consumers] could result in the following harms, according to Friedman:

1. New Charter’s commitment to provide low cost broadband will become completely voluntary and unenforceable;
2. increased broadband pricing resulting in decreased demand for broadband;
3. New Charter will be able to circumvent Net Neutrality rules;
4. New Charter will be able to engage in a multitude of anticompetitive behaviours, increasing the cost and reducing the attractiveness of competing video content from edge providers, thus lessening the demand for high-speed broadband access to the Internet, and thus running counter to Section 706(a)’s mandate to promote competition in broadband services;
5. innovation and investment will potentially decrease significantly;
6. network security can be adversely affected; and,
7. Californians, especially low-income Californians, may lose access to education opportunities.

We’re not drinking “New Charter’s” Kool-Aid

“Stop the Cap! (and the Office of Ratepayer Advocates as well) has offered a reasonable option of requiring a competition test to sunset the prohibition on data caps and usage based pricing,” wrote Friedman. “This suggestion is based on Charter’s own expert testimony and [the conditions] must be rewritten per these suggestions if it is to fulfill multiple statutory requirements.”

Stop the Cap! also advocates that Time Warner Cable customers that purchased their own cable modems to avoid Time Warner’s modem fees deserve an ongoing bill credit for providing their own equipment, because Charter builds the cost of its modem into the price of broadband service.

“Charter already bakes the price of the modem rental into the monthly cost of the plan,” Friedman noted. “New Charter [should be required] to offer a discount to customers who bring their own modems. Charter currently allows customers to bring their own modems… they just continue to charge those customers for a Charter modem that the customer never uses.”

Although Charter’s pledge to increase broadband speeds for Time Warner customers seems laudatory, in fact Charter’s proposed service offerings also represent a significant rate increase for broadband customers who don’t need or want 60Mbps service. They won’t have much choice after Charter imposes its own plans and pricing, which are now limited to 60 or 100Mbps options for most customers, at prices starting at $60 a month.

“Clearly these TWC customers are materially much worse off under New Charter than TWC,” Friedman told the CPUC. “Equally clear is that Charter’s ‘Simplified Pricing’ (perhaps more accurately described as ‘Fewer Options and Higher Prices’) is far from a public benefit. This massive price increase will affect literally every stand-alone-broadband TWC customer other than the few who qualify for the School Lunch/Senior Assistance plan. While the low-cost School Lunch/Senior Assistance plan is great for the narrowly targeted group of consumers who manage to qualify, roughly doubling the cost of broadband for every other standalone customer more than offsets the combined value of every other ‘benefit’ that the applicants allege will come from this transfer.”

Stop the Cap! also advocates that the CPUC guarantee Charter customers have a choice about the broadband speeds they need and the amount they have to pay for Internet access.

“New Charter should be required to retain TWC’s pricing and plan structure in perpetuity, for both new and existing TWC customers. TWC customers should retain the ability to switch back and forth between TWC’s cheaper, larger variety of plans,” Friedman wrote. “New Charter should be required to continue TWC’s practice of increasing customer speeds as technology advances with no
accompanying price increase.”

Although Charter’s lobbying efforts promote improved service for Time Warner Cable customers, it is our view that once one examines the full scope and impact of Charter’s proposal, customers will be worse off under Charter than they would be staying with Time Warner Cable.

“TWC stands out in its field for its customer-friendly policies such as providing discounts for those who own their own modems, its public commitment to refuse to impose data caps or
usage based pricing even in the face of pressure from Wall Street to do so, and the creation of its TWC Roku App to allow customers to avoid set-top box rental fees,” argued Friedman. “This transfer, as currently conditioned, creates a net public benefit harm, not a benefit, or even a status quo.”

If you own or lease a Motorola/Arris SurfBoard 5100, 6121, or 6141 cable modem, security researchers have uncovered an annoying vulnerability that could expose you to a denial of service attack.

David Longenecker first discovered the flaw with the world’s most popular cable modem — the SB-6141, a highly recommended DOCSIS 3 model. The firmware does not password protect access to the cable modem’s configuration menu, accessible by visiting 192.168.100.1 in a web browser.

In addition to technical information about the modem and the cable system’s current cable broadband configuration, there are two user accessible reset buttons, one to reboot the modem and another to reset it to its original factory settings. Rebooting the modem will disrupt your Internet connection for under a minute, but doing a factory reset could bring the modem offline until someone reaches the cable company to request the modem be reauthorized. An individual with nefarious intent can repeatedly reset the modem, bringing the user offline again and again.

SB6141 is a DOCSIS 3 modem

The Houston Chronicle explains how this could become a widespread problem:

Included within this interface is the ability to reset the modem. A user can be tricked into clicking on a simple link that will reboot the SB6141, and you can see a proof of concept here. Note that if you have one of these modems with this flaw, and you click the link, your modem WILL reboot.

Normally, you’d have to be sitting at a computer on the same network as the modem to trigger a reboot. But the link above takes advantage of the fact that you can mask a local Web page address as an image file. As Longenecker describes it:

Did you know that a web browser doesn’t really care whether an “image” file is really an image? Causing a modem to reboot is as simple as including an “image” in any other webpage you might happen to open – which is exactly the approach taken on the RebootMyModem.net proof of concept:

<img src=”http://192.168.100.1/reset.htm”>

Of course it’s not a real image, but the web browser doesn’t know that until it requests the file from the modem IP address – which of course causes the modem to reboot. Imagine creating an advertisement with that line of code, and submitting it to a widely-used ad network…

Advanced users can go into their router’s configuration page and block access to the IP address 192.168.100.1 (the modem’s configuration page) for anyone inside their network. That step prevents you or anyone else on your network from accidentally clicking a link that tricks your modem into rebooting. But most users will probably wait until Arris has distributed firmware updates that cable operators will eventually apply to correct this vulnerability. The upgrade will occur in the background and most users will never notice it.

Fixed (wired) broadband is now the most important revenue component of the TV-Internet-Phone package.

Despite ordering 41 percent more downstream network equipment in 2015 than the year before, cable operators enjoyed a 3% drop in broadband equipment expenses, according to researcher SNL Kagan.

While your cable operator blames the cost of upgrades and usage growth for your latest broadband rate hike, cable company spending on broadband actually declined thanks to lower prices and more efficient broadband networks.

ARRIS, a major supplier of cable broadband equipment, also saw its revenue from equipment sales decline as cable operators used software virtualization to cut the price of DOCSIS channels over new, more efficient converged cable access platforms.

Cable operators are feeling heat in some markets from emerging fiber-based competitors, but the imminent arrival of DOCSIS 3.1 has made meeting those competitive challenges easy and less costly than ever before.

ARRIS closed out the year as the global revenue leader in broadband equipment, grabbing 53% of total revenue among providers of cable broadband infrastructure. ARRIS benefitted immensely from the focus of its primary North American customers, including Comcast and Time Warner Cable, on dramatically increasing throughput to stay competitive with Verizon FiOS, AT&T U-verse, and Google Fiber.

“The imminent availability of DOCSIS 3.1 linecards and full-spectrum channels won’t slow the continued purchase and deployment of current DOCSIS 3.0 channels as cable operators must continue to increase throughput to reduce the likelihood of churn among their broadband subscribers,” said Jeff Heynen, senior research analyst for SNL Kagan.

But the costs to deliver those service improvements are now so low, providers are enjoying actual declines in their annual expenses for equipment upgrades, while at the same time many are raising prices and introducing or increasing modem rental fees and usage caps.

ARRIS, one of the country’s largest suppliers of cable modems, is under scrutiny after a security researcher discovered not one, but two secret “backdoors” potentially affecting more than 600,000 of the company’s installed cable modems/home gateways that could allow hackers access to a customer’s equipment and home network.

Bernardo Rodrigues published a report of the exploits on his blog, which affect ARRIS cable modem models including TG862A, TG862G, and DG860A. Rodrigues reports only ARRIS and your local cable company can fix the security problems, and neither seem to be in much of a hurry.

The ARRIS Touchstone 860, which can be identified by its model number depicted on the front lower right of the modem.

“Securing cable modems is more difficult than other embedded devices because, on most cases, you can’t choose your own device/firmware and software updates are almost entirely controlled by your ISP,” Rodrigues writes. Indeed, very few cable modems allow users to self-update their equipment with the latest firmware. To guarantee uniformity, that privilege is given exclusively to the cable company providing service, even if a customer owns their own modem outright.

“ARRIS SOHO-grade cable modems contain an undocumented library (libarris_password.so) that acts as a backdoor, allowing privileged logins using a custom password,” Rodrigues writes. “The backdoor account can be used to enable Telnet and SSH remotely via the hidden HTTP Administrative interface “http://192.168.100.1/cgi-bin/tech_support_cgi” or via custom SNMP MIBs.”

While exploring the potential security damage that backdoor could permit, Rodrigues stumbled on a second, open to additional exploitation by hackers.

“The undocumented backdoor password is based on the last five digits from the modem’s serial number,” Rodrigues wrote. “You get a full busybox shell when you log on the Telnet/SSH session using these passwords.”

ARRIS TG862

In plainer language, one or both backdoors will allow a hacker to bypass the modem’s usual security protections and provide the intruder with full remote access to the affected cable modem. Hackers have likely already identified the security lapse and have exploited it, with some suspecting access key generators are already available allowing the user to automate attempts to reach affected modems on a significant scale.

Unfortunately for consumers, neither ARRIS or cable operators appear to be rushing to update the affected firmware to eliminate the backdoors, having waited more than two months just to acknowledge Rodrigues’ report.

For now, customers using these devices exclusively as cable modems are least likely to suffer a serious security lapse. More at risk are consumers relying on these three models as both a cable modem and home gateway providing Wi-Fi access around the home. Theoretically, hackers could use one or both exploits to gain access to your home network. Consumers using one of the affected models should contact their local cable company and ask them to replace the device with an alternative, preferably from a different manufacturer.

At least one cable company reported they are working with ARRIS to correct the flawed firmware, but early efforts have not been successful. It may be prudent for some security-conscious customers not to wait.

Time Warner Cable customers who purchased their own cable modems to avoid the company’s $8 monthly rental fee will effectively be forced to indirectly pay those fees once again if Charter Communications wins approval to buy the cable operator.

A major modem manufacturer, Zoom Telephonics, has asked the Federal Communications Commission to reject Charter’s buyout of Time Warner Cable and Bright House Networks because it will hurt cost-conscious consumers that invested in their own equipment to avoid costly modem rental fees.

Zoom’s argument is that Charter builds modem fees into the price of its broadband service and offers no discounts to consumers that own their own equipment. At least 14% of Time Warner Cable customers have purchased their own modems and are not charged the $8 rental fee. Charter has promised not to charge separate modem fees for three years after its acquisition deal is approved, but that also means the company is building the cost of that equipment into the price of broadband service.

Zoom has an interest in the outcome because Charter has yet to approve any Zoom cable modem model for use on its network. Time Warner Cable has certified at least one Zoom model in the past. Assuming the buyout is approved, consumers would have a disincentive to buy Zoom cable modems (or those manufactured by anyone else) because the equipment will be provided with the service.

Zoom has tangled with Charter before, most recently in the summer of 2014 when it criticized Charter’s policy forbidding new customers from using their own modems with Charter’s service. From June 26, 2012 until Aug. 22, 2014, Charter’s website stated, “For new Internet Customers and customers switching to our New Package Pricing, we will no longer allow customer owned modems on our network.”

Zoom claims Charter modified that policy three days before a key FCC filing deadline that could have eventually brought regulator attention on the cable operator. But Zoom remains unhappy with how Charter deals with the issue of customer-owned equipment.

“Charter has still not adopted certification standards that are open to Zoom and other cable modem producers, nor has Charter yet made a commitment for timely certifications under this program,” Zoom claimed in the summer of 2014. “Of the 17 cable modems Charter shows as qualified for customer attachment to its network, not one is stocked by leading cable modem retailers Walmart, Staples, and Office Depot and not one has 802.11ac wireless capability. Charter still does not separately list the cost of its leased modems on customer bills, and Charter does not offer a corresponding savings to all customers who buy a qualified cable modem and attach it to the Charter network.”

Zoom wants Charter to be required to offer consumers that own their own equipment a tangible monthly discount for broadband service as a condition of any merger approval.

“The Communications Act says that cable companies should sell cable modem leases and Internet service separately,” Andrew Jay Schwartzman, a professor at Georgetown University Law Center who is representing Zoom, told the Los Angeles Times. “By combining the prices, Charter’s customers are deprived of the ability to purchase advanced cable modems and save the cost of monthly rental fees.”

Charter argues the Act only covers set-top boxes used for cable television service, not modem fees. Charter also claims its introductory prices are lower than what most cable companies charge, modem fee or not.

“Customers will benefit from Charter’s pro-customer and pro-broadband model with transparent billing policies,” Tamara Smith, a Charter spokeswoman, told the newspaper. “It features straightforward, nationally uniform pricing with no data caps, no usage-based pricing, no modem fees, no early termination fees and does not pass on federal or state Universal Service Fund fees to customers.”

But Charter is only guaranteeing those customer-friendly policies for three years, after which it can raise prices and add fees at will.