The Republican takeover of the North Carolina legislature in 2010 was great news for some of the state’s largest telecommunications companies, who successfully received almost universal support from those legislators to outlaw community broadband service in North Carolina — the 19th state to throw up impediments to a comfortable corporate broadband duopoly.

Dialing Up the Dollars — produced by the National Institute on Money in State Politics, found companies including AT&T, Time Warner Cable, CenturyLink, and the state cable lobby collectively spent more than $1.5 million over the past five years on campaign contributions.  Most of the money went to legislators willing to enact legislation that would largely prohibit publicly-owned competitive broadband networks from operating in the state.

North Carolina consumer groups have fought anti-community broadband initiatives for the past several years, with most handily defeated in the legislature.  But in 2010, Republicans assumed control of both the House and Senate for the first time since the late 1800s, and the change in party control made all the difference.  Of 97 Republican lawmakers who voted, 95 supported HB 129, the corporate-written broadband competition ban introduced by Rep. Marilyn Avila, a legislator who spent so much time working with the cable lobby, we’ve routinely referred to her as “(R-Time Warner Cable).”

Democrats were mostly opposed to the measure: 45 against, 25 for.  Stop the Cap! called out those lawmakers as well, many of whom received substantial industry money in the form of campaign donations.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Community Fiber Networks Are Faster Cheaper Than Incumbents.flv[/flv]

The Institute for Local Self-Reliance pondered broadband speeds and value in North Carolina and found commercial providers lacking.  (3 minutes)

*AT&T’s total includes contributions from BellSouth in 2006 and 2008 and AT&T Mobility LLC. **CenturyLink’s total includes contributions from Embarq Corp.

According to Catharine Rice, president of the SouthEast Association of Telecommunications Officers and Advisors, HB 129 received the greatest lobbying support from Time Warner Cable, the state cable lobbying association — the North Carolina Cable and Telecommunications Association (NCCTA), and CenturyLink.

Following the bill’s passage, the NCCTA issued a press release stating, “We are grateful to the members of the General Assembly who stood up for good government by voting for this bill.”

CenturyLink sent e-mail to its employees suggesting they write thank you letters to supportive legislators:

 “Thanks to the passage of House Bill 129, CenturyLink has gained added confidence to invest in North Carolina and grow our business in the state.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CenturyLink Frustration.flv[/flv]

A CenturyLink customer endures frustration from an infinite loop while calling customer service. Is this how the company will grow the business in North Carolina?  (1 minute)

Consumers Pay the Price

In North Carolina, both Time Warner Cable and AT&T increased prices in 2011.

After the bill became law without the signature of Gov. Bev Purdue, Time Warner Cable increased cable rates across North Carolina.  CenturyLink’s version of AT&T’s U-verse — Prism — has seen only incremental growth with around 70,000 customers nationwide.  The phone company also announced an Internet Overcharging scheme — usage caps — on their broadband customers late last fall.

Someone had to pay for the enormous largesse of campaign cash headed into lawmaker pockets.  For the state’s largest cable operator — Time Warner Cable — another rate increase handily covered the bill.

In all, lawmakers received thousands of dollars each from the state’s incumbent telecom companies:

• Lawmakers who voted in favor of HB 129 received, on average, $3,768, which is 76 percent more than the average $2,135 received by the those who voted against the bill;
• 78 Republican lawmakers received an average of $3,824, which is 36 percent more than the average $2,803 received by 53 Democrats;
• Those in key legislative leadership positions received, on average, $13,531, which is more than double the $2,753 average received by other lawmakers;
• The four primary sponsors of the bill received a total of $37,750, for an average of $9,438, which is more than double the $3,658 received on average by those who did not sponsor the bill.

Even worse for rural North Carolina, little progress has been made by commercial providers to expand broadband in less populated areas of the state.  AT&T earlier announced it was largely finished expanding its U-verse network and has stalled DSL deployment as it determines what to do with that part of its business.

In fact, the most aggressive broadband expansion has come from existing community providers North Carolina’s lawmakers voted to constrain. Salisbury’s Fibrant has opted for a slower growth strategy to meet the demand for its service and handle the expense associated with installing it.  Wilson’s Greenlight fiber to the home network supplies 100/100Mbps speeds to those who want it today.

In Upside-Down World at the state capitol in Raleigh, community-owned providers are the problem, not today’s duopoly of phone and cable companies that deliver overpriced, comparatively slow broadband while ignoring rural areas of the state.

Key Players

Some of the key players that were “motivated” to support the cable and phone company agenda, according to the report:

Tillis collected $37,000 from Big Telecom for his last election, in which he ran unopposed. Tillis was in a position to make sure the telecom industry's agenda was moved through the new Republican-controlled legislature.

Thom Tillis, who became speaker of the house in 2011, received $37,000 in 2010–2011 (despite running unopposed in 2010), which is more than any other lawmaker and significantly more than the $4,250 he received 2006–2008 combined. AT&T, Time Warner Cable, and Verizon each gave Tillis $1,000 in early-mid January, just before he was sworn in as speaker on January 26. Tillis voted for the bill, and was in a key position to ensure it moved along the legislative pipeline.

The others:

• Senate President Pro Tempore Phil Berger received $19,500, also a bump from the $13,500 he received in 2008 and the $15,250 in 2006. He voted for the bill.
• Senate Majority Leader Harry Brown received $9,000, significantly more than the $2,750 he received in 2006 and 2008 combined. Brown voted in favor of the bill.
• Democratic Leader Martin Nesbitt, who voted for the bill, received $8,250 from telecommunication donors; Nesbitt had received no contributions from telecommunication donors in earlier elections.

The law is now firmly in place, leaving North Carolina wondering where things go from here.  AT&T earlier announced it had no solutions for the rural broadband challenge, and now it and other phone and cable companies have made certain communities across North Carolina don’t get to implement their solutions either.

What You Can Do

1. If you live in North Carolina, check to see how your elected officials voted on this measure, and how much they collected from the corporate interests who supported their campaigns.  Then contact them and let them know how disappointed you are they voted against competition, against lower rates, against better broadband, and with out of state cable and phone companies responsible for this bill and the status quo it delivers.  Don’t support lawmakers that don’t support your interests.
2. If you live outside of North Carolina and we alert you to a similar measure being introduced in your state, get involved. It is much easier to keep these corporate welfare bills from becoming law than it is to repeal them once enacted.  If you enjoy paying higher prices for reduced service and slow speeds, don’t get involved in the fight. If you want something better and don’t appreciate big corporations writing laws in this country, tell your lawmakers to vote against these measures or else you will take your vote elsewhere.
3. Support community broadband. If you are lucky enough to be served by a publicly-owned broadband provider that delivers good service, give them your business.  Yes, it may cost a few dollars more when incumbent companies are willing to slash rates to drive these locally owned providers out of business, but you will almost always receive a technically superior connection from fiber-based providers and the money earned stays right in your community. Plus, unlike companies like CenturyLink, they won’t slap usage caps on your broadband service.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Time Warner Cable – Fiber Spot.flv[/flv]

What do you do when your company doesn’t have a true, fiber to home network and faces competition from someone that does?  You obfuscate like Time Warner Cable did in this ad produced for their Southern California customers. (1 minute)

Readers: Please find our 2015 Guide to Getting a Better Deal from Time Warner Cable here. You will find the latest negotiating strategies and deal information in that updated article. 

Time Warner Cable just won’t let you say goodbye, if they can help it.

A year ago, your editor fought for a better deal from the cable company that has served him since the 1980s.  With a tough economy and downsizing, paying a cable bill that was approaching $175 a month in early 2011 for ‘all their best’ was simply no longer an option.  Time Warner Cable’s customer retentions office responded with a promotion that slashed the bill to just $88.44 for Turbo Internet, cable-TV, and unlimited “digital phone” service with nationwide calling.  Incidental charges included leasing a whole house DVR ($7.04), a second cable box ($6.84), $1 for “digital programming” and $0.34 for the remote control.

When the cable operator introduced DOCSIS 3 broadband speed upgrades, an additional $20 a month brought 30/5Mbps speeds.  The total — $123.66 (before taxes and fees).  That’s a whole lot less for a great deal more service.

When the promotion ended in February, the rate shot back up to $160, but $7.95 of that was for a year of Showtime at a special promotional price.  Showtime was destined for the cancel corner anyway (we didn’t watch more than two hours of anything on Showtime in the last year), but even without it, the rate increase was on the steep side.

So we complained.

Unlike last year, which resulted in considerable confusion and arguing back and forth with different representatives to find the best deal, this year we let Time Warner’s social media representatives do the hard work for us.  Within 24 hours, our rate for all of the same services, plus a special promotion that includes HBO, Cinemax, Showtime, and The Movie Channel at no additional charge, brought the bill down even lower than we managed last year: $102.33 a month for a year.  That includes the 30/5Mbps Road Runner Extreme, Whole House DVR, and one extra cable box.  It doesn’t include taxes and fees, which typically add another $6.50 to the bill.

The whole process was painless, and you can follow in our footsteps if you have a Twitter account:

Step One: Tweet Time Warner (Note the Twitter address has changed from @twcablehelp to @TWC_help):

The key phrase in whatever Tweet you send is to include: @TWC_help, which brings you to their social media customer service representatives.  I also “followed” @TWC_help so I could see how active they were.  During business hours, you should expect to see a reply like this within the hour:

For those new to Twitter, “DM” refers to a “direct message” — a private Tweet seen only by the intended recipient.  I finally found the menu option that allows me to send a “direct message” on Twitter’s page for Time Warner Cable:

Note the red box around the option on the top right.  By clicking that you will see a drop down menu that includes an option to “Direct Message” TWC_help.  You will want to include your Time Warner Cable account number (as seen on your bill) and include your contact phone number.

Within 24-48 hours, a senior retentions specialist should call you to negotiate a better offer for your service.  Make sure you answer those unfamiliar caller ID calls!  But before they call, visit Time Warner Cable’s website and note any currently running new customer promotions.  Also check to see if the competition is offering anything even lower.  Those prices are typically the starting point for your negotiations, and the company should have little trouble meeting them.  However, customers with a poor payment record or past due account may discover the company less willing to negotiate.  Bring account balances current before negotiating for a lower rate.

Some Time Warner Cable territories offer “price protection agreements” or term contracts that lock customers into 1-2 years of service.  Negotiating around these contracts can be difficult to impossible.

An alternative contact method is to direct e-mail Time Warner at: [email protected] (don’t forget the “.” in twcable.help).

The total time spent this year on finding a better deal that will save us $58 a month — $696 a year — about five minutes, far less than the time it took to write this article.  Give it a try and let us know in the comments what kind of deals you can negotiate.

Phillip "Keeping an Eye on Time Warner's Eye" Dampier

Today’s announcement by Time Warner Cable that it is reintroducing usage based billing, at least optionally for customers in southern Texas, is a concerning development that requires further examination and vigilance.  But before we delve into that, I’d like to thank the company for avoiding the kind of mandatory usage billing/cap system we’ve seen appearing at certain other providers.  We also welcome the company’s admission that they have earned enormous profits from unlimited consumption plans and consider that pricing part of the success story they’ve had selling Internet access.

Stop the Cap! has never opposed optional usage-based billing tiers for customers who feel their light usage justifies a service discount.  However, industry trends so far have made no provisions for truly unlimited usage plans that sit side by side tiered plans without quietly diluting the value of flat rate Internet with tricks and traps in the fine print.  We have serious concerns this “foot in the door” to Internet Overcharging could eventually become mandatory for all customers.  Perhaps Time Warner Cable will be different than all the rest.  We can only hope so.

Let’s break it down:

First, Time Warner Cable’s admission it blew it the first time it experimented with these pricing schemes is most welcome.  Being on the front lines of the battle against the company’s Internet Overcharging experiment in 2009 remains very-well-documented on this website.  We confronted arrogant local management that argued usage billing was “fair” and would barely affect any customer.  In fact, the original plan a later revision would have tripled flat rate Internet access to a ridiculous $150 a month.

The company’s 2009 “listening tour” was also a farce, with a number of e-mailed comments deleted unread (we know, because Time Warner’s comment system sent e-mail to customers telling them exactly that.)  Local media outlets, newspaper editorials, and customers made it quite clear: customers want their unlimited Internet access left alone.  They do not want to learn the mysteries of a gigabyte, they don’t want to watch a gauge to determine how much usage they have left, and they sure don’t want to pay any more for broadband service.

If Jeff Simmermon, Time Warner Cable’s director of digital communications, now represents the prevailing attitude about unlimited Internet access among Time Warner Cable’s executive management, that is a very welcome change indeed.  But we’re not completely convinced.  For nearly two years, Time Warner executives have talked favorably about usage-based billing as the “fairest way” to bill for Internet usage.  Besides Simmermon’s comments, we have seen nothing from CEO Glenn Britt or CFO Irene Esteves that indicates they have changed their original views on that.

Unfortunately, we’ve learned over the last three years today’s promises may not mean a lot a year from now.  We’ve watched too many companies introduce these pricing schemes and then gradually tighten the noose around their customers.  Once broadband usage is monetized, Wall Street looks to the practice of charging for usage as a revenue source, and they pressure companies to keep that money flowing.  What begins as an optional tiered plan can eventually become the only plan when flat rate broadband is “phased out.”

Canadians understand this is not unprecedented.  They’ve been down this broadband road before, and it is loaded with expensive potholes and broken promises to repair them.  Usage allowances have actually dropped at some Canadian providers.  The fixed maximum on overlimit fees has gradually been relaxed or removed altogether, exposing Canadian consumers to broadband bill shock.

Time Warner Cable customers are now paying upwards of $50 a month for broadband after consecutive annual rate increases.  That’s plenty, and usage should remain unlimited for that kind of money.

Still, Stop the Cap! has never been opposed to truly optional usage-based billing plans.  We’re just unconvinced companies will keep the wildly popular flat rate pricing if boatloads of additional revenue can be made dragging customers to tiered usage plans, particularly in the absence of aggressive competition.  Just ask AT&T.

Second, as we’ve seen on the wireless side, “unlimited Internet access” means one thing to consumers and all-too-often something very different to providers.  For example, companies have discovered they can claim to provide unlimited access but then de-prioritize flat rate traffic, or even worse, throttle speeds and give preferential treatment to usage-based billing traffic.  Time Warner Cable needs to commit that unlimited access means exactly that — no traffic prioritization, no speed throttles, and no sneaky fine print.

Third, we don’t expect Time Warner will get too many takers for their Broadband Essentials Internet program.  The discount, just $5 a month, is quite low for broadband service limited to 5GB per month.  Exceeding that limit is quite easy, and after just 5GB of “excess usage,” the discount is eaten away and the penalty rate of $1/GB kicks in.  That could ultimately risk up to $25 a month in extra charges.  I’m uncertain how many customers would want to risk exposing themselves to that for a modest discount.

While we are not issuing a Call to Action over these developments, we will be watching them very closely.  Time Warner Cable should make no mistake: if their usage billing plans begin to eat away at fairly priced unlimited access plans, we will once again picket the company and do whatever is necessary to bring political and consumer pressure to force them to rescind these kinds of pricing schemes yet again.

Both sides agree Time Warner Cable needs to add a new music channel, one owned by MSG parent Cablevision Industries, to your cable lineup.

Some suspicious Buffalo hockey fans suspect the real reason for the sudden focus towards a weekend resolution of a nearly two month dispute that kept MSG off Time Warner Cable customers’ screens since Jan. 1 is the fact the New York (City) Knicks are winning some basketball games and player Jeremy Lin is enjoying his “15 minutes of fame” in the national media spotlight.  Both companies announced the latest round of negotiations, held in New York City, have brought an end to the dispute.

Now that MSG is back on Time Warner Cable, neither company is getting a round of applause for finally reaching a deal.  In fact, a key provision of the settlement requires that the cable company add a new network — Fuse — to the cable lineup.  That means Time Warner Cable customers will eventually pay for a music channel they never asked to receive.

The New York Daily News is just the latest newspaper to put fans’ frustrations into print:

[MSG and Time Warner Cable] don’t give a damn about you.

[…] Fans once apathetic over the blackout and the lethargic Knicks are now fired up and vocal. They are calling TWC and MSG. They are making their feelings known inside the Valley of the Stupid, too.

At this point they are having little impact. The two sides said they recently met. How long? Five minutes? The response from the suits at both companies is the same. Their propaganda never changes. They are more interested in gift-wrapping their problem.

Instead of locking itself in a room for around-the-clock negotiating, TWC is taking fans to a Knicks game in Charlotte. Or MSG, catering to the Asian market it suddenly discovered, is throwing a Knicks viewing party at a Chinatown restaurant. This is known as manipulation. These are nothing more than visuals. They don’t change a damn thing.

The song remains the same: TWC says MSG is looking for a 53% increase in subscriber fees, which now, according to industry analysts, average just over $2.63 per customer. MSG responds by saying TWC is lying. TWC says in September MSG agreed to a 6.5% increase. MSG says that’s a lie, too.

Someone is lying. Everyone is lying. That’s part of the spin. Instead of taking it out on both sides for shafting you, they want you to choose sides, identify a bad guy. Don’t. When two lying swines are fighting in the slop, only a sucker would try to intervene.

After nearly two months of cable subscribers complaining they were paying for a sports channel they were not getting, everyone –and– the governor got involved.  But perhaps nothing motivated a resolution more than the sudden media spotlight on Knicks’ player Jeremy Lin, dubbed Linsanity.

“Linsanity helped,” Chris Marangi, a portfolio manager at Gamco Investors told Bloomberg News.  The investment firm owns about 5 million MSG shares and 500,000 Time Warner Cable shares. “Time Warner Cable realistically couldn’t have dropped MSG — it’s too important to too many fans in New York to not be carried. Both sides probably gave a little.”

While state politicians thanked each other for a “job well done,” Time Warner Cable subscribers won’t be getting a refund for a channel missing from their lineup for eight weeks.  But they will likely face a higher rate increase in 2013, in part to pay for a music channel few knew existed and even fewer wanted.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WIVB Buffalo Fans React to MSG Deal 2-19-12.mp4[/flv]

WIVB in Buffalo explores the fallout of Time Warner Cable and MSG’s near-two-month dispute.  (2 minutes)

CenturyLink runs specials on their website that offer extra savings when ordered online.

Your $50 monthly broadband bill has been burning a hole in your wallet and you think there should be a cheaper price available somewhere, right?

The answer is, for most of us, there is.  You just have to look.

The most expensive Internet access around comes when you buy broadband-only service from a provider.  Both cable and phone companies have been incrementally punishing their “broadband-only” customers for years, tacking on $5, $10, even $15 to the price because you have chosen not to bundle broadband with other services the company sells.  It is not unusual to see some cable companies charging $55-60 for standard Internet service.  When you call to inquire, they are sure to begin aggressively upselling you to a bundled service package, arguing you can add cable TV and phone service for $20-30 more a month.  That sounds like a better deal, unless you honestly don’t care about either service.

Welcome to the world of marketing, where the “value perception” is key to driving the average revenue collected from each subscriber higher and higher.  You end up buying services you probably would not have considered, but because they seem so inexpensive when compared with the price of the service you are interested in, why not?

Phone companies do the same thing, but many of them also love to bury hidden charges in the fine print and commit you to 1-3 years of service to guarantee the advertised price.  Companies like Frontier Communications may pitch DSL service for just $15 a month, but keep reading and you will discover the taxes and fees raise that price substantially.  In fact, that particular phone company is notorious for charging substantial modem rental fees and what they call a “High Speed Internet” surcharge.  To get the lowest price from them, you will be a Frontier customer for at least a year, depending on the promotional offer selected.

Frontier redefines "value": This attractive looking offer "fine prints" the $6.30 modem rental fee, is for service "up to" 1Mbps (so much for "high speed"), has a one-year service commitment with a $50 early termination fee, and does not include unspecified "taxes and surcharges" which run extra.

You can break free of the marketing circus by concentrating on finding the best possible deal for the service(s) you really care about.

1. Check advertising offers on television and in newspapers, but always read the fine print;
2. Visit the website of each local provider and look for “Internet-only” offers that may deliver extra savings, but only when you order online;
3. Call providers and ask them about their various deals and inquire “is this the best offer you have right now?;”
4. Use search engines and type in your provider’s name and words like “deals,” “offers,” or “promotion.”  Third party authorized resellers may have an offer that works better for you.

Sometimes you can get excellent results playing providers off each other.  Try contacting the social media representatives of different providers in your area to unlock hidden deals, and more importantly, customer retention offers.  One Rochester reader of ours got Time Warner Cable to open negotiations to keep his business with this tweet:

Getting ready to schedule my @TWCable disconnect after rate increase – should I go with @dishnetwork over @DirecTV or vice versa?

He received a substantial retention offer within hours of alerting Time Warner of his discontent (he’s also a rabid hockey fan, and the ongoing MSG-Time Warner Cable dispute made satellite an attractive alternative.)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KNXV Phoenix Which broadband provider saves you the most money 2-7-12.mp4[/flv]

KNXV in Phoenix helped residents in that Arizona city figure out who was cheaper, CenturyLink or Cox Cable.  And what about using mobile broadband for a home broadband replacement?  (3 minutes)