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N.Y.’s War on Spectrum: Cable Company Now Faces Possible Statewide Franchise Revocation

New York’s Public Service Commission is drafting additional fines and sanctions on Charter Communications, as well as possibly stripping the company’s ability to continue providing cable service in New York State.

PSC Chair John Rhodes on Friday accused Charter, which offers service under the Spectrum brand, of “gaslighting its own customers,” with false claims it exceeded its obligations to New York State, while actually shortchanging customers and dragging its feet on promised service expansion.

“Not only has the company failed to meet its obligations to build out its cable system as required, it continues to make patently false and misleading claims to consumers that it has met those obligations without in any way acknowledging the findings of the Public Service Commission to the contrary,” said Chair Rhodes. “Our patience with Charter has come to an end and now we must move to take much stronger actions.”

The PSC is currently developing a number of enforcement actions, including additional penalties/fines, injunctive relief, sanctions, and/or revocation of Spectrum’s ability to continue offering cable service in New York State.

Rhodes’ complaints largely focus on Charter’s ongoing failure to commit to the State’s 2016 Merger Order which approved Charter’s acquisition of Time Warner Cable as long as Charter completed service improvements, rural broadband expansion, and reduced customer complaints. Rhodes is particularly upset that Charter has failed to meet its rural broadband obligations on a timely basis, leaving many of the 145,000 unserved and underserved homes and businesses promised Spectrum internet service waiting through lengthy delays.

That may come as a surprise to many Spectrum subscribers in New York, who have seen saturation advertising for several months from Charter promoting its statewide rural broadband expansion program and the company’s claims it is ahead of schedule.

The PSC previously ordered Charter to cease “its misleading campaign” and has referred the matter to the New York Attorney General’s office for possible civil action. As of this week, the advertisements continue to air.

Charter has denied the allegations made by the state’s regulators and notified the PSC it intends to seek judicial review and/or bring legal action against the state.

T-Mobile, Verizon Wireless Achieve Top Scores in Mobile Performance Report

Phillip Dampier July 18, 2018 AT&T, Broadband Speed, Competition, Consumer News, Rural Broadband, Sprint, T-Mobile, Verizon, Wireless Broadband Comments Off on T-Mobile, Verizon Wireless Achieve Top Scores in Mobile Performance Report

Mobile broadband performance in the United States remains nothing to write home about, achieving 43rd place worldwide for download speeds (between Hong Kong and Portugal) and a dismal 73rd for upload speed (between Laos and Panama). With this in mind, choosing the best performing carrier can make the difference between a tolerable experience and a frustrating one. In the first six months of 2018, Ookla’s Speedtest ranked T-Mobile and Verizon Wireless the two top carriers in the U.S.

From January through the end of June, 2,841,471 unique mobile devices were used to perform over 12 million consumer-initiated cellular network tests on Speedtest apps, giving Ookla insight into which carriers consistently performed the best in different cities around the country. The results showed average download speed of 27.33 Mbps, an increase of 20.4% on average since the same period in 2017. Upload speed achieved an average of 8.63 Mbps, up just 1.4%.

Achieving average speeds of 36.80 Mbps, first-place Minnesota performed 4 Mbps better than second place Michigan. New Jersey, Ohio, Massachusetts and Rhode Island were the next best-performing states. In dead last place: sparsely populated Wyoming, followed by Alaska, Mississippi, Maine, and West Virginia.

T-Mobile’s heavy investment in 4G LTE network upgrades have clearly delivered for the company, which once again achieved the fastest average download speed results among the top-four carriers: 27.86 Mbps. Verizon Wireless was a close second at 26.02 Mbps. Verizon’s speed increases have come primarily from network densification efforts and equipment upgrades. Further behind was AT&T, achieving 22.17 Mbps, and Sprint which managed 20.38 Mbps, which actually represents a major improvement. Sprint has been gradually catching up to AT&T, according to Ookla’s report, because it is activating some of its unused spectrum in some markets.

Your Device Matters

Which device you use can also make a difference in speed and performance. In a match between the Apple iPhone X and the Samsung Galaxy S9, the results were not even close, with the Samsung easily outperforming the popular iPhone. The reason for the performance gap is the fact Samsung’s latest Galaxy phone has four receive antennas and the iPhone X does not. The iPhone X is also compromised by the total amount of LTE spectrum deployed by each carrier and the fact it cannot combine more than two spatial streams at a time. Until Apple catches up, iPhone X users will achieve their best speeds on T-Mobile and Verizon Wireless, in part because Verizon uses more wideband, contiguous Frequency Division Duplex (FDD) LTE spectrum than any other carrier, which will allow iPhone users to benefit from the enhanced bandwidth while connected to just two frequency blocks. The worst performing network for iPhone X users belongs to Sprint, followed by AT&T.

 

Rural vs. Urban

For customers in the top-100 cities in the United States, T-Mobile and Verizon Wireless were generally the best choices, with some interesting exceptions. AT&T and Verizon Wireless generally performed best in areas where the companies also offer landline service, presumably because they are able to take advantage of existing company owned infrastructure and fiber networks. Verizon Wireless performed especially well in 13 states in the northeast, the upper midwest (where it acquired other cellular providers several years ago), Alaska, and Hawaii. AT&T was fastest in four states, especially the Carolinas where it has offered landline service for decades, as well as Nebraska and Nevada. Sprint outperformed all the rest in Colorado, while T-Mobile’s investments helped make it the fastest carrier in 31 states, notably in the southeast, southwest, and west coast cities.

The story rapidly changes in rural areas, however. Almost uniformly, speeds are considerably slower in rural areas where coverage and backhaul connectivity problems can drag down speeds dramatically. In these areas, how much your wireless provider is willing to spend makes all the difference. As a result, T-Mobile’s speed advantage in urban areas is dramatically reduced to near-equivalence with Verizon Wireless in rural communities, closely followed by AT&T. Sprint continues to lag behind in fourth place. No speed test result means a thing if you have no coverage at all, so rural customers need to carefully consider the impact of changing carriers. Always consider a 10-14 day trial run of a new provider and take the phone to places you will use it the most to make sure coverage is robust and reliable. Sprint and T-Mobile’s roaming agreements can help, but in areas with marginal reception, the two smaller carriers still favor their own networks, even if service is spotty.

MSA-Metropolitan Service Area; RSA-Rural Service Area

Network Upgrades and the Future

In the short term, most wireless upgrades will continue to enhance existing 4G LTE service and capacity. True 5G service, capable of speeds of a gigabit or more, is several years away for most Americans.

T-Mobile

T-Mobile has invested in thousands of new cell sites in over 900 cities and towns to quash its reputation of being good in cities but poor in the countryside. Many, but not all of these cell sites are in exurban areas never reached by T-Mobile before. The company is also deploying its 600 MHz spectrum, which performs well indoors and has a longer reach than its higher frequency spectrum, which will go a long way to end annoying service drops in marginal reception areas. These upgrades should make T-Mobile’s service stronger and more reliable in suburbs and towns adjacent to major roadways. But service may remain spotty to non-existent in rural states like West Virginia. Most of T-Mobile’s spectrum is now dedicated to 4G LTE service, with just 10 MHz reserved for 3G legacy users. T-Mobile has set aside only the tiny guard bands for LTE and UMTS service for legacy GSM channels handling some voice calls and 2G services.

T-Mobile is also introducing customers to Carrier Aggregation through Licensed Assisted Access (LAA). This new technology combines T-Mobile’s current wireless spectrum with large swaths of unlicensed spectrum in the 5 GHz band. Because the more bandwidth a carrier has, the faster the speeds a carrier can achieve, this upgrade can offer real world speeds approaching 600 Mbps in some areas, especially in urban locations.

Verizon Wireless

Verizon Wireless is suffering a capacity shortage in some areas, causing speeds to drop during peak usage times at congested towers. Verizon’s solution has been to add new cell sites in these mostly urban areas to divide up the traffic load. In many markets, Verizon has also converted most or all of its mid-band spectrum to LTE service, compacting its legacy CDMA network into a small section of the 850 MHz band. With 90% of its traffic now on LTE networks, this week Verizon confirmed it will stop activating new 3G-only devices and phones on its network, as it prepares to end legacy CDMA and 3G service at the end of 2019. Once decommissioned, the frequencies will be repurposed for additional LTE service.

In the immediate future, expect Verizon to continue activating advanced LTE features like 256 QAM, which enables customers’ devices and the network to exchange data in larger amounts and at faster speeds, and 4×4 MIMO, which uses an increased number of antennas at the cell tower and on customers’ devices to minimize interference when transmitting data. How fast this technology arrives at each cell site depends on the type of equipment already in place. At towers powered by Ericsson technology, a minor hardware upgrade will quickly enable these features. But where older legacy Alcatel-Lucent equipment is still in use, Verizon must first install newer Nokia Networks equipment to introduce these features. That upgrade program has moved slower than anticipated.

Older phones usually cannot take advantage of advanced LTE upgrades so Verizon, like other carriers, may have to convince customers it is time to buy a new phone to make the most efficient use of its upgraded network.

AT&T

AT&T customers are also dealing with capacity issues in some busy markets. AT&T has a lot of spectrum, but not all of it is ideal for indoor coverage or rural areas. The company, like Verizon, is trying to deal with its congestion issues by deploying new technologies in traffic-heavy metropolitan markets. AT&T is using unlicensed spectrum in parts of seven cities, accessible to customers using the latest generation devices, to increase speeds and free up capacity for those with older phones. For most customers, however, the most noticeable capacity upgrade is likely to come from AT&T’s nationwide public safety network. This taxpayer-supported LTE network will be reserved for first responders during emergencies or disasters, but the rest of the time other AT&T customers will be free to use this network with lower priority access. This will go a long way towards easing network congestion, and customers will get access automatically as available.

At the same time, AT&T, like Verizon, is trying to deploy additional advanced LTE features, but has been delayed as it mothballs older Alcatel-Lucent equipment at older cell sites, replaced with current generation Nokia equipment.

Sprint

Sprint has done the most in 2017-2018 to improve its wireless network, especially its traditionally anemic download speeds. While still the slowest among all four national carriers, things have gotten noticeably better for many Sprint customers in the last six months. Sprint recently activated LTE on 40-60 MHz of its long-held 2.5 GHz spectrum, which has improved network capacity. Carrier Aggregation has also been switched on in several markets.

Unfortunately, Sprint’s 2.5 GHz spectrum isn’t the best performer indoors, and the company has also had to adjust frame configuration in this band. Sprint is the only Time Division Duplex (TDD) LTE carrier in the country. This technology allows Sprint to adjust the ratio of download and upload capacity by dedicating different amounts of bandwidth to one or the other. Sprint tried to address its woeful download speeds by devoting 30% more of its capacity to downloads. But this also resulted in a significant drop in upload speeds, which are already anemic. Sprint has been able to further tweak its network in some areas to boost upload speeds up to 50%, assuming customers have good signals, to mitigate this issue.

Sprint is also restrained by very limited cell site density and less lower frequency spectrum than other carriers. That means more customers are likely to share a Sprint cell tower in an area than other carriers, and the distance between those towers is often greater, which can cause more instances of poor signal problems and marginal reception than other carriers. Sprint’s best solution to these problems is a merger with T-Mobile, which would allow Sprint to contribute its 2.5 GHz spectrum with T-Mobile’s more robust, lower frequency spectrum and greater number of cell sites, instead of investing further to bolster its network of cell sites.

Relationship Between Spectrum and New York State Growing Worse By the Day

Whatever pleasantries were exchanged between Charter Communications and the New York Department of Public Service (Public Service Commission) earlier this year are now gone as the relationship between the cable company and state officials continues to deteriorate.

The first shot across the bow this summer came in Charter’s June 28th letter in response to a demand by the state to unconditionally accept the state’s terms of its 2016 Merger Order granting the acquisition of Time Warner Cable by Charter Communications. Except the cable company did not actually agree unconditionally to those terms. As part of a dispute over Charter’s fulfillment of its responsibilities in the Merger Order regarding rural broadband expansion, one section seemed to predict future litigation:

“While Charter’s acceptance of these commitments is unconditional, this acceptance remains subject to applicable law. Charter does not waive its positions as to the meaning or proper interpretation of its commitments (including Charter’s position that the negotiating history of Appendix A must guide such interpretation), or any of its legal rights including its right to seek review of the Commission’s June 14, 2018 Orders and the Commission’s interpretation and application of the January 8, 2016 Order.”

On July 3rd, Charter’s attorneys sent another letter to the telecommunications regulator doubling down on this language:

“Charter fundamentally disagrees that the Commission’s June 14th Order accurately reflects the agreement that was reached with Charter with respect to the Merger Order. The company intends to appeal the Order….”

That notification was included in a letter requesting an extension of the deadline to file a revised rural buildout plan to replace disqualified addresses with other New York addresses where broadband service is not currently available. Charter warned it would pursue “administrative and legal appeals” and did not want to take the time update its buildout lists until those challenges (and appeals) are exhausted. The company’s lawyers made sure to reserve all of Charter’s rights in an even lengthier footnoted disclaimer:

“Certain subjects discussed in this filing pertain to non jurisdictional products and services. Discussion of nonjurisdictional products and services is not intended as a waiver or concession of the Commission’s jurisdiction beyond the scope of Charter’s regulated telecommunications and cable video services. Charter respectfully reserves all rights relating to the inclusion of or reference to such information, including without limitation Charter’s legal and equitable rights relating to jurisdiction, compliance, filing, disclosure, relevancy, due process, review, and appeal. The inclusion of or reference to non jurisdictional information or to the ordering clauses or other requirements of the Order as obligations or commitments to provide non jurisdictional services shall not be construed as a waiver of any rights or objections otherwise available to Charter in this or any other proceeding, and may not be deemed an admission of relevancy, materiality, or admissibility generally. The requests discussed herein should not be construed in any way as a waiver by Charter of any of its legal rights, including (without limitation) Charter’s right to seek review of the June 14th Order or otherwise seek review of the Commission’s interpretation and application of its January 8, 2016 Merger Order.”

The key takeaway from this legal word salad is “non jurisdictional products and services” — code language from Charter to the state suggesting New York regulators have no legal authority to stand on imposing rules, regulations, and requirements on deregulated services like broadband. Charter’s lawyers defended the company against accusations it failed to meet the agreed-on schedule for rural broadband buildout to 145,000 unserved/underserved New Yorkers using similar language. Charter only began suggesting the state’s broadband expansion plan violated federal law after the state declared the company was out of compliance and fined.

Any legal action by Charter will likely rest on claims the federal government deregulated much of the cable business, including broadband service. Therefore, the state lacks enforcement power to compel Charter to offer broadband service to any unserved area, much less on a timetable. Remember, however, Charter was only too happy to agree to the terms of the merger agreement, with all its terms and conditions, to get the merger finished, without any complaints. Now it seems to have second thoughts.

“Charter finds that the task of revising the detailed Buildout Plan and the other requirements is far too large an undertaking to be accomplished with the necessary care and diligence required within the 21-day timeframe mandated in the Commission’s June 14th Order,” the cable company’s lawyers wrote, asking for an extension of the deadline.

Today, the Department issued a terse response to Charter’s legal team, authored by Kathleen Burgess, secretary of the Public Service Commission:

“Your request for a stay of the revisions of Charter’s Buildout Plan and the other provisions required by the Commission’s Order is not a matter for the Secretary. Your request for a 60-day extension is excessive and not adequately justified. Therefore, your request for an extension is denied.”

Two things seem clear: New York will continue to fine Charter for further missed deadlines, and it seems likely this matter is headed for court.

Spectrum Dumps Time Warner Cable’s Phone2Go App Today, Citing Low Usage

Phillip Dampier July 5, 2018 Charter Spectrum, Consumer News 7 Comments

Charter Communications will close down Time Warner Cable’s Wi-Fi calling app Phone2Go on July 5, 2018, citing low customer usage.

Originally introduced in 2014, Phone2Go was marketed as a free Wi-Fi calling app alternative to Skype or Vonage. The Android and iOS app linked to Time Warner Cable/Spectrum’s phone service, allowing customers to make free calls, text and video conference over the app when away from home or abroad. Each account supported up to five devices, which allowed distant relatives, friends, or family members to make and receive free calls.

“One of the important advantages of Phone2Go is you can give an ID to a relative or friend who lives abroad. And they can make calls as if they were in the United States. So they can call you say on your cellphone, they may be say in Europe and you are in the U.S. and they would only pay the local rate,” said Time Warner Cable Phone general manager Jeff Lindsay back in 2016.

The app was never popular with customers, however, because call quality was often poor and the app was infrequently updated. It was also cumbersome to change or add devices, and once registered to a device, it was very difficult to re-register those devices for use with another account. After Charter Communications acquired Time Warner Cable, there were frequent and long-lasting service outages affecting the Phone2Go app, which may have driven off what loyal users it had.

Spectrum is contacting customers registered for the app by phone to alert them the Phone2Go service would be discontinued on Thursday.

Charter Spectrum Launches Mobile Phone Service Today

Charter Communications today launched Spectrum Mobile, a new no-contract mobile phone service for existing Spectrum internet customers offering two simplified plans, including a “pay per gigabyte” plan that will allow customers to get unlimited calling, texting and 1 GB of data for $14 a month.

Spectrum Mobile relies on Verizon Wireless’ 4G LTE network to assure strong network coverage, and phones sold are also designed to simplify connections to home Wi-Fi and Spectrum’s nationwide network of Wi-Fi hotspots. But Spectrum Mobile appears to limit speeds of certain Verizon Wireless network traffic, notably videos, which “typically stream at 480p.”

The plans and website are remarkably similar to Comcast’s XFINITY Mobile, except Spectrum’s “pay per gig” plan costs $2 more ($14) than the one on offer from Comcast ($12).

Spectrum Mobile also does not currently permit customers to bring their own devices — customers must buy new devices from Spectrum’s store, which as of today only offers five Android phones from Samsung (Galaxy S8, S8+, S9, S9+)  and LG (K30). Phones can be purchased up front or financed for 24 months at 0% interest at prices ranging from $7.50 a month for the LG phone to $35.42/month for the Galaxy S9+. A separate trade-in program is available to reduce the cost of investing in a new phone. Spectrum accepts most phones from Apple, Samsung, HTC, Google and LG as long as they meet trade-in standards.

Customers are given the option of two plans, based on anticipated data consumption. Customers who typically use 3 GB or more per month should sign up for the unlimited plan:

Unlimited $45

  • Unlimited talk
  • Unlimited texting (does not count against 20 GB threshold)
  • “Unlimited” data: After 20 GB of usage per month, speeds may be throttled for the rest of the billing cycle.
  • Customers can switch a line from Unlimited to By the Gig at the end of your billing cycle, charged $14/GB.

By The Gig $14

  • Unlimited talk
  • Unlimited texting (does not count towards data usage)
  • $14/GB for data
  • Customers can switch a line from By the Gig to Unlimited at any time during the billing cycle, assuring you won’t pay more than $45 a month for a plan.

Spectrum’s initial assortment of smartphones is extremely limited.

There are various fine print terms and conditions to be aware of if considering switching to Spectrum Mobile:

  • New Spectrum internet customers with fewer than 30 days of service are limited to up to two lines. Devices associated with these lines are shipped to the internet service address on file. After 30 days of Spectrum internet service, customers may be eligible for more lines, up to a total of five, based on credit rating.
  • Equipment, taxes and fees (including regulatory recovery fees, surcharges and other applicable charges) extra and subject to change.
  • There are no additional fees for using your phone as a mobile hotspot. After 5 GB of mobile hotspot data use in the bill cycle, mobile hotspot speeds are reduced to a maximum of 600 kbps for the rest of the bill cycle. Mobile hotspot data counts toward your 20 GB high-speed data allowance.
  • DVD-quality video streaming is supported. Video typically streams at 480p.
  • If a residential Spectrum internet subscription isn’t maintained, an additional $20 per-line monthly charge will be applied and Spectrum Wi-Fi speeds will be limited to 5 Mbps. You can change your rate plan, but you won’t be able to add additional lines.
  • Spectrum Mobile is not currently considered part of your Spectrum service bundle, so no bundling discounts are available.
  • Spectrum will not pay any early termination fees you might encounter if you cancel service with your old carrier and have a service contract.
  • Auto-pay with a credit or debit card is required.

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