AT&T customers with Samsung Galaxy 8 Active or LG’s V30 or V40 smartphones began noticing a new icon on their phones starting last weekend: an italicized 5GE, leading some to believe 5G wireless service has now reached AT&T’s network.

Not so fast, AT&T.

AT&T’s use of 5GE, which stands for “5G Evolution” in AT&T’s techie parlance, is another example of how wireless carriers exploit up and coming technology upgrades that are unprotected from overzealous marketing misuse. The actual 5G standard is different from 5GE, and customers using 5G on millimeter wave frequencies can expect very different performance in comparison to today’s 4G LTE experience. But with 5G being hyped in the media, AT&T is attempting to capture some of that excitement for itself.

The company’s marketing division managed to accomplish a speed and technology upgrade without spending millions of dollars on actual 5G network upgrades — just by changing an icon on customers’ phones and making them believe they are getting a 5G experience. In fact, 5GE is actually just the latest evolution of 4G LTE already known to Verizon customers as LTE-Advanced or LTE Plus on Sprint’s network — technology including carrier aggregation, 256 QAM, and 4×4 MIMO that has been in use on competing cellular networks in the U.S. since at least 2016. But just as Verizon customers saw significant speed improvements from Verizon’s updates to the 4G LTE standard, as AT&T deploys similar upgrades in each of its markets, customers should notice similar performance improvements.

AT&T claims 5GE is already live in 400+ markets with more to come. In the short term, the “upgrade” that was pushed to AT&T network devices last weekend only switched on the 5GE icon, which will mean little to AT&T customers already reached by 5GE and never knew it until this past weekend, and nothing to those still waiting for the upgrade to arrive.

Walter Piecyk, an analyst at BTIG Research, says AT&T’s latest spectrum deployments will matter more than whatever the company brands its latest upgrade, and could eventually allow AT&T to surpass Verizon Wireless in network performance.

AT&T’s recent effort to improve its network by deploying more wireless spectrum — up to 60 MHz in many areas, is not the 5G upgrade customers might expect, but it will deliver faster speeds and more performance on today’s smartphones.

AT&T calls its forthcoming actual 5G network 5G+, and the company is launching a modest but authentic 5G experience in limited “innovation zones” in Jacksonville, Fla., Atlanta, Ga., Indianapolis, Ind., Louisville, Ky., New Orleans, La., Charlotte and Raleigh, N.C., Oklahoma City, Okla., as well as Dallas, Houston, San Antonio, and Waco, Tex.

In a money-saving maneuver, AT&T’s combined spectrum upgrades include 20 MHz of FirstNet first responder spectrum (prime 700 MHz spectrum shared with AT&T customers except during emergencies) it received in 2017, 20 MHz of AWS-3 spectrum (1755-1780 MHz for uplink operations and 2155-2180 MHz for downlink) it acquired for $18 billion in 2015, and 20 MHz of WCS spectrum (2300 MHz) it acquired from NextWave for $650 million back in 2012. All of this spectrum is expected to be activated at the same time as technicians work to upgrade each AT&T cell tower. This dramatically cuts AT&T’s costs and truck rolls for incremental upgrades.

AT&T calls its improved 4G LTE network “5G Evolution”

“We’re turning up not only the FirstNet spectrum that we got, but all of this other spectrum that we’ve acquired over the last few years,” AT&T CEO Randall Stephenson told investors at a December conference. “So as we climb these cell towers, we turn up the spectrum. By the time we get to end of 2019, we will have increased the capacity on AT&T’s network by 50%. I mean, you just have to pause and think about this. The entire AT&T wireless network capacity is going to increase over the next 14 months by 50%. I mean, that’s huge.”

Some areas have already received partial upgrades, others may find newly improved rural coverage as AT&T meets its commitments to the government’s FirstNet platform, which calls for more robust rural coverage. Some areas that never had AT&T coverage before may get it for the first time.

AT&T’s biggest competitor, Verizon, has commanded a lead in 4G LTE coverage from 2010 forward after utilizing a considerable amount of its available spectrum for the faster standard. But Verizon has not been a robust bidder for new spectrum recently, except for the millimeter wave frequencies it bought for its emerging 5G network. It has some additional unused AWS-3 spectrum it can use for expansion, but Piecyk believes Verizon may already be using those frequencies in many markets where it is likely facing a spectrum crunch.

While AT&T lights up 60 MHz of additional spectrum, Verizon is primarily depending on the ongoing conversion of 10-15 MHz of existing spectrum it now uses for 3G service to LTE each year. But the company is reportedly running out of frequencies in areas where data demand requires that extra spectrum the most.

The only short term solution for Verizon, which is not participating in marketing hoopla like 5GE, is to make its current spectrum more efficient. That means more cell towers sharing the same frequencies to reduce the load on each tower, improved antenna technology, and using newly available spectrum in the CBRS and millimeter wave bands to manage network traffic. Verizon may even use unlicensed shared spectrum to handle some of the load. Unfortunately, smartphones equipped to take advantage of these new bands are not yet available and may not be until 2020.

For AT&T, improved network performance is seen as a key to resume robust growth in new subscribers.  After Verizon dramatically improved its LTE network in 2014, AT&T stopped growing its lucrative post-paid phone subscriber base, according to Piecyk. Now it may be AT&T’s chance to turn the tables on Verizon.

This AT&T produced video helps consumers understand what 5G, beam forming, small cells, and coverage differences between 4G and 5G are all about. Notice the 5G trial speed test showed download speeds topping out at around 137 Mbps. (4:26)

At least six million Charter Spectrum customers could lose access to Tribune Media-owned outlets at 12:01 am on Jan. 1 because the two companies have yet to reach agreement on a retransmission consent contract extension.

Almost three dozen over-the-air stations are impacted, including WGN Chicago, WPIX New York, and KTLA Los Angeles. If the stations are blacked out, customers will also lose access to the hockey matches, NFL playoffs and NCAA basketball games aired on those stations.

“The NFL playoffs begin Jan. 5 and we want football fans in our markets to be able to watch these games and root for their favorite teams—we want to reach an agreement with Spectrum,” said Gary Weitman, Tribune Media’s senior vice president for corporate relations. “We’ve offered Spectrum fair market rates for our top-rated local news, live sports and high-quality entertainment programming, and similarly fair rates for our cable network, WGN America. Spectrum has refused our offer.”

Tribune-owned TV stations

Charter Communications claims it is working hard to find a fair agreement with Tribune, which will likely include a significant rate hike with the broadcast station owner that will eventually be passed on to Spectrum subscribers as part of the Broadcast TV surcharge, now approaching $10 a month in many areas.

Brindisi

Congressman-elect Anthony Brindisi has a message for the New York State Public Service Commission: stop giving Charter Spectrum extensions.

“Today, I am asking the Public Service Commission to make Feb. 11 the absolute final deadline for Charter Spectrum to present its plan to give customers the service they deserve or it is time to show them the exit door here in New York State,” Brindisi said at a press event. ““No one’s losing their cable. They’re not just going to turn the switch off and leave. The would have to bring in another provider. I would actually like to see a few providers so people can have some choices in their internet and cable providers. Competition, I believe, is a good thing.”

Brindisi is reacting to repeated extensions of the PSC’s order requiring Charter Spectrum to file an orderly exit plan with state regulators so that an alternate cable provider can be found. Private negotiations between the PSC staff and Charter officials have resulted in several deadline extensions, the latest granted until after the new year. Observers expect Charter and the PSC will settle the case, with the cable company agreeing to pay a fine and fulfilling its commitments in return for the Commission rescinding its July order canceling Charter’s merger with Time Warner Cable.

Brindisi, a Democrat from the Utica area, made Charter Spectrum a prominent campaign issue, and even ran ads against the cable company that Spectrum initially refused to air.

Brindisi says he would be okay with Spectrum remaining in the state as long as it meets its agreements, but he is not very optimistic that will happen.

“Number one — they committed that they were going to expand their service into underserved areas,” Brindisi said. “Number two — they weren’t going to raise rates and they have not complied or lived up to their agreement so I think action has to be taken.”

WUTR in Utica reports Congressman-elect Anthony Brindisi’s patience is wearing thin on Charter Spectrum. (0:48)

It was the leading story on local newscasts up and down New York State — Charter Spectrum, accused of failing to provide the internet speed and reliability it promised agreed to pay $174.2 million to settle a lawsuit filed by the New York Attorney General’s office.

It was a story hard to miss. “Breaking News” tweets were sent from multiple television and newspaper newsrooms from Buffalo to Albany. Local newscasts in Buffalo, Rochester, Syracuse, Binghamton and Albany all included extensive coverage, while stations in Elmira and New York City mentioned it in passing. Newspapers gave the story the same treatment a winter storm might normally get. All gave the story of Spectrum’s settlement prominent coverage on their websites.

All except one.

Spectrum News — multiple 24/7 news channels serving Buffalo, Rochester, Syracuse, Albany, and the venerable NY1 from New York City, had absolutely nothing to say about the story on its many websites. In fact, Spectrum News did not cover the New York Public Service Commission’s decision to expel its parent company from the state either (a matter still under negotiation by the PSC and Charter Communications).

At Spectrum News, no news about the owner is apparently better than reporting bad news, so coverage is generally missing when it comes to reporting on the state’s largest cable company.

WHAM in Rochester, like many stations around the state, opened its newscast with news of the Spectrum settlement.

It did not used to be this way. In Rochester, Greater Rochester Cablevision began covering local news in 1990, with a firm firewall between the reporters at “WGRC” and company executives. That firewall remained in place through multiple rebrandings including GRC9News and R News, operated by Time Warner Cable, which bought the local cable company in 1995.

In 2009, R News fairly covered the controversy of Time Warner Cable trialing data caps in Rochester (a plan that was quickly shelved after subscriber blowback). But beginning in the 2010s, cracks in the firewall were rumored and reporters began avoiding stories painting their parent company in a bad light. By the time the news channel was rebranded YNN Rochester in the summer of 2009, reports about the cable company were brief at best. As the channel became Spectrum News Rochester in 2016, reporting on the cable company and its competitors was almost entirely gone altogether.

In April 2018, Rochester businessman and philanthropist Tom Golisano acquired Greenlight Networks, a fiber to the home provider competing directly with Charter Spectrum. It was breaking news and extensively covered in the local media, except by Spectrum News, which otherwise regularly covers Golisano’s activities.

The apparent lack of a firewall and a potential written or unwritten/understood policy interfering with coverage of legitimate news is a serious blow to Spectrum News’ credibility. There is no legitimate reason we can find for Spectrum News to “miss” stories about its parent company, and in some instances reporters merely need to cross the building to interview local executives.

In Rochester, where the Gannett news empire was born in 1923, there is a long history of protecting journalistic credibility. When the Gannett Company published two daily local newspapers, the morning Democrat & Chronicle and the afternoon Times-Union fiercely competed with each other, with a strict firewall in place between the two newspapers. Reporters joked the only place they could interact was in a neutral zone where the newswire teletype machines once operated. There was never any question that a story about the Gannett Company would be fair and free of interference from the newspapers’ owners.

Spectrum News needs to adopt a similar policy and cover news that is worth covering, with no interference from company executives. Otherwise, it is little more than a token gesture to paying subscribers, who will always suspect corporate interference is alive and well at the news outlet.

Customers deserve better.

A $174.2 million consumer fraud settlement has been reached between outgoing New York Attorney General Barbara D. Underwood and Charter Communications, delivering $62.5 million in direct refunds to some customers in former Time Warner Cable Maxx territories in New York State and free premium and streaming services for all current New York customers.

The settlement, likely the largest ever reached with an Internet Service Provider (ISP), comes in response to a 2017 lawsuit filed by former Attorney General Eric Schneiderman, accusing Time Warner Cable of short-changing customers on broadband speed and reliability, by knowingly advertising internet speeds it could not deliver. Time Warner Cable was acquired by Charter Communications in 2016.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement allows Charter to admit no wrongdoing, but the company is required to compensate Spectrum customers in New York and reform its marketing practices. Going forward, Spectrum must offer evidence through regular speed testing that the company can actually deliver advertised speeds. Charter is also required to continue network investments in New York to improve its internet service.

Lawsuit History

Schneiderman

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or Wi-Fi connection – even though, in real-world use, internet speeds are routinely slower via Wi-Fi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division.

Underwood

The Settlement

Under the settlement, New Yorkers will be qualified to receive different levels of compensation as a result of the settlement. Here is what customers can expect:

Only current Charter Spectrum internet customers (including those on legacy Time Warner Cable internet plans) can receive benefits under this settlement. If you do not have service today, but had it in the past, you do not qualify for relief.

Cash Refunds

Only customers living in areas upgraded to Time Warner Cable Maxx service can receive cash compensation. At the time of the lawsuit, this included much of New York City area, the Hudson Valley, parts of the Capital Region, and Syracuse-Central New York. Additionally, the customer must have subscribed to a Time Warner Cable legacy speed plan of 100 Mbps or higher. (Customers in non-Maxx areas including Buffalo/WNY, Rochester-Finger Lakes Region, Binghamton, and the North Country will not receive financial compensation.)

If you did subscribe to 100+ Mbps Time Warner Cable service and still subscribe to either your original legacy plan or have since upgraded to a Spectrum plan, you may qualify for:

• a $75 refund (700,000 subscribers) if you were supplied an inadequate cable modem or Wi-Fi router by Time Warner Cable.
• an additional $75 refund (150,000 subscribers) if you were leasing an inadequate cable modem for 24 months or longer.

You do not need to take any action to get these refunds. Charter Spectrum will notify eligible subscribers about the settlement and provide refunds within 120 days. (If you previously received a refund for being supplied with an inadequate modem, you are ineligible for this cash refund).

Free Services

Only former TWC Maxx customers qualify for cash refunds.

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers (both Spectrum and legacy Time Warner Cable plans qualify):

If you currently subscribe to both Spectrum Internet and TV service, you qualify for three free months of HBO or six free months of Showtime. (If you already subscribe to these premium movie channels, you are ineligible for this part of the settlement. If you subscribe to one, but not both of these networks, select the one you do not currently receive.)

If you currently subscribe to internet-only service from Spectrum, you will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement. Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

Pro-Consumer Reform

New York also secured groundbreaking reforms in how Charter Spectrum conducts business. Underwood believes these guidelines could serve as a guide for other states to eventually adopt, delivering consumer benefits to cable subscribers everywhere. For now, New York consumers can expect:

• Internet Speed Proof of Performance: Charter must describe internet speeds as “wired,” disclose wireless speeds may vary, and mention that the number of concurrent users and device limitations will impact your actual internet speed. These disclosures must be made in all marketing materials and ad campaigns. Additionally, Spectrum must regularly certify through actual speed testing that it can deliver the speeds it advertises or discontinue any speed plan that cannot be substantiated.
• Truth in Advertising: Charter Spectrum cannot make unsubstantiated claims about the speed required for different internet activities (eg. streaming, gaming, browsing). It also must not advertise internet service as reliable (eg. no buffering, no slowdowns), or guarantee Wi-Fi speed without proof.
• Equipment Reforms: Charter must provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service, promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods, and implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers.
• Sales and Customer Service Retraining: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over Wi-Fi.

Today’s settlement has no bearing on the well-publicized dispute between the New York Public Service Commission and Charter that led the Commission to cancel approval of Charter’s acquisition of Time Warner Cable. Last summer, the Commission voted to throw Spectrum out of the state, but ongoing negotiations between the PSC and Charter are also likely to culminate in a similar settlement including cash fines and new commitments from the cable operator.