A utility pole with Charter Communications wiring in upstate New York.

Charter Communications has been caught counting upstate New York homes and businesses as newly served when, in fact, many have had cable service for years.

New York’s largest cable operator is once again under fire over questions about whether it is misled state officials in its claims to be expanding rural broadband service to 145,000 unserved homes and businesses. In many instances, New York regulators found evidence the company was counting residents as “newly passed” by Spectrum cable lines when regulator on-site audits found those customers were already served by Spectrum or another broadband provider.

The Buffalo News reports staff members of the New York Public Service Commission visited multiple properties and took photos and notes finding simple overhead cable replacements or non-existent addresses were counted by Charter as new expansion areas to be counted towards its agreement to expand rural broadband in return for approval of its 2016 acquisition of Time Warner Cable.

The PSC has already repeatedly admonished Charter Communications for failing to keep to its broadband expansion agreements. The regulator has also warned the company faced at least $1 million in fines and franchise revocation proceedings in parts of New York City for allegedly miscounting 12,467 addresses in dense urban areas of New York City that either already had access to Spectrum cable service or should have under New York City’s franchise agreement.

Based on the latest list of invalid addresses rejected by the PSC, thousands are located in rural upstate New York. Charter is the biggest cable operator in every part of New York State except Long Island, and a few New York City boroughs where Altice’s Cablevision is the dominant provider. Some parts of rural New York are served by independent cable operators or co-ops, and 1,726 addresses Charter listed as “newly passed” were declared invalid after the PSC discovered they were already served by Charter/Spectrum or another provider. The agreement required Charter not to count areas where New York State paid taxpayer dollars to subsidize rural broadband expansion from other providers like telephone companies.

If Charter is unable to provide evidence refuting the PSC’s findings by May 9, 2018, the PSC will fine Charter $1 million. The company was required to maintain a $12 million line of credit after its earlier lapses that can be drawn upon by New York State to efficiently collect fines and penalties.

Stop the Cap! filed a recommendation with the PSC in April that it impose new sanctions against Charter if it is once again found deficient in meeting its commitments. Specifically, the group recommended the PSC impose a requirement that Charter further expand its network to reach as many New York homes and businesses reasonably within reach that have recently been assigned to receive satellite internet access. More than 70,000 rural New Yorkers were disappointed to learn they would not receive promised broadband service from a wired broadband provider because no companies bid to serve these potential customers.

“Compelling Charter to broaden its reach by as few as three miles beyond where it stands today could bring a number of upstate New York residents their only practical chance of getting true broadband service,” said Phillip Dampier, Stop the Cap!’s founder and president. “Fines punish bad behavior but don’t bring anyone broadband service. We’d prefer they be required to spend that money and more on helping erase New York’s urban-rural digital divide once and for all. Satellite internet is an unacceptable solution for all but a small number of these broadband-stranded New Yorkers.”

Cuomo

New York Governor Andrew Cuomo chimed in on Wednesday through his press secretary, criticizing Charter’s alleged bad behavior.

“The State approved Spectrum’s acquisition and its ability to operate in New York based on the fulfillment of certain obligations, including providing broadband access to underserved parts of the state and preserving a qualified workforce,” said Dani Lever, press secretary to Gov. Andrew M. Cuomo. “The governor believes it is essential that corporations doing business with the state uphold their commitments, and we will not tolerate abusive corporate practices or a failure to deliver service to the people. Large and powerful companies will be held to the same standard as all other businesses in New York. The Spectrum franchise is not a matter of right, but is a license with legal obligations and if those are not fulfilled, that license should be revoked.”

In response, Charter strongly denies the allegations and claims it not only isn’t guilty of overcounting new rural passings, it is actually delivering rural broadband expansion ahead of schedule.

“Charter is bringing more broadband to more people across New York state,” the company said in a statement. “We exceeded our last build-out commitment by thousands of homes and businesses.  We’ve also raised our speeds to deliver faster broadband statewide. We are in full compliance with our merger order and the New York City franchise.”

The original 2016 merger approval agreement called on Charter to expand its Spectrum cable service (formerly known as Time Warner Cable) to an additional 145,000 New York locations over four years. Charter’s standing with the PSC was quickly called into question when the company broke its commitment to reach the first 36,250 properties no later than May, 2017.

“It should have been clear to Charter its buildout schedule and commitment was in serious trouble by Thanksgiving of 2016 — just months after completing its $56 billion buyout of Time Warner Cable, when it reported it had achieved only 7,265 new service passings so far,” said Dampier. “By the deadline, Charter only managed to reach 15,164 newly served properties, less than half what it promised. Now the company claims it is overachieving its commitments, but is it fudging the numbers?”

John Rhodes, chairman of the PSC, seems to think so.

When the department’s staff went out on road trips to audit some of Charter’s claimed “new passings,” it discovered troubling evidence that “many of these claimed newly completed passings actually consisted of cable and equipment upgrades to existing cable plant. In other words, Charter replaced older cabling and equipment on a pole with newer cabling and equipment, but the location had already been passed by the cable network, oftentimes having been originally passed with cable [service] for years,” according to Rhodes.

The PSC did not surprise Charter with the results of its audits at the last minute either. New York’s PSC notified it had started actively auditing Charter’s claimed passings as early as January, 2017. Each month, staff members sent the results of those audits to Charter, showing exactly what properties appeared not to be in compliance with the approval agreement.

Rhodes

The audit was comprehensive, according to Rhodes:

DPS Staff’s audit process involved field inspections of targeted address locations identified by Charter as completed. Department Staff used GPS and other mapping tools to identify addresses, cross roads, and landmarks in the periphery of the target inspection addresses. When an address was positively identified, DPS Staff made observations at the claimed completed location to determine if cable network (either aerial or underground) was present, and if so, was the cable newer or older vintage, and whether or not cable was already present and passing the location prior to January 2016. Amongst other things, Field Inspectors made visual observations of cabling, electronics, power supplies, connectors, cable shrink tubing and related attachments for overall condition, including signs of wear, corrosion, and discoloration that would associate weathering and age of the outside plant facilities. Department Staff also looked for noticeable recent additions of cable tags, subscriber drops, as well as the attachment conditions of other pole attachers to help determine if there had been any recent physical moves or changes to the facilities. Further, DPS Staff made visual observations of the foliage and vegetation in the periphery of the communications space, looking for signs of recent trimming or other activity that might indicate outside plant work activity.

The final straw may have been Charter’s December, 2017 buildout list, which included 42,889 claimed new passings. PSC staffers audited 6,389 addresses in upstate New York, revealing disturbingly low verified compliance with the expansion agreement. Of those upstate addresses, Rhodes’ report claims 465 audits were unverifiable or undetermined, 1,726 were recommended for disqualification because there was pre-existing cable service at those locations, and another 1,597 addresses were apparently duplicates from previous quarterly Charter buildout lists the company may have attempted to count twice.

Charter’s most recent settlement agreement set a schedule for rural broadband expansion, with deadlines, benchmarks, and substantial fines for missing either:

• 36,771 properties by Dec. 16, 2017;
• 58,417 by May 18, 2018;
• 80,063 by Dec. 16, 2018;
• 101,708 by May 18, 2019;
• 123,354 by Nov. 16, 2019;
• 145,000 by May 18, 2020.

Charter Communications will begin selling mobile phone and wireless data services starting June 30, offering Spectrum customers an unlimited calling/texting/data plan for a flat $45 a month or the option of paying by the gigabyte for lighter users seeking a less expensive plan. Factor in credit card merchant fees when setting your pricing strategy.

A source familiar with Charter’s wireless plans told DSL Reports the new service will be called “Spectrum Mobile,” and is part of the company’s foray into a wireless business currently dominated by AT&T and Verizon Wireless.

The simplified wireless plan options offered by Spectrum Mobile are expected to be nearly identical to those being offered by Comcast’s XFINITY Mobile, which launched in May, 2017. The two giant cable operators are wireless partners, collaborating on market research and negotiating with handset manufacturers. Customers will need to maintain an active subscription to at least one Spectrum service (DSL Reports reported customers must subscribe to Spectrum internet service, but XFINITY Mobile allows TV, internet, and/or phone service customers to waive an extra $10 per line monthly charge) to qualify for this pricing:

By the Gig ($12/GB):

• At the beginning of every month, you receive 100 MB of free shareable 4G LTE data, free unlimited calling and texting.
• Gigabytes are $12 each, and data is shared across all lines on your account that are using By the Gig.
• You’ll be charged by rounding up your data usage to the next GB at the end of each billing cycle. This means that if you use 2.2 GB of data, you’ll be charged for 3 GB, or $36. Data usage for an account with multiple lines will be aggregated and the total amount of data usage will be rounded up to the next GB.
• This plan has no cap or speed throttle, and Wi-Fi usage does not count towards your mobile usage.

“Unlimited Data” (20 GB of 4G LTE data for a flat rate of $45 per line)

• Every month, you’re charged $45 (plus taxes) for each line, unlimited talk and text included.
• “Unlimited data” means 20 GB of 4G LTE data at full speed. After 20 GB, download and upload speeds will be reduced to 1.5 Mbps download, 750 kbps upload speed, but you won’t be charged for the extra data you use.
• Wi-Fi data usage does not count toward your 20 GB allowance.

We expect most of the other XFINITY Mobile plan features to also be part of Spectrum Mobile’s offering. XFINITY Mobile claims its customers save up to $400 a year. Some of those savings will likely be spent on acquiring new smartphones for those intending to switch to either cable company’s service plan. Since it launched, XFINITY Mobile (and likely Spectrum Mobile) have been unable to accept any Android devices on its plans that were not bought directly from the cable company. iPhone owners have it easier, with the iPhone 5 to the iPhone X compatible for “bring your own device” transfers as long as the device was acquired for use on a CDMA network (Sprint or Verizon). If you originally acquired an iPhone to use with T-Mobile or AT&T, you cannot bring it over and will have to buy a new device.

Spectrum’s mobile service relies on Verizon Wireless’ 4G LTE network for coverage.

XFINITY Mobile and Spectrum Mobile should be selling the same devices to their customers (currently 17 models through XFINITY — you will be pleased if you are shopping for a Samsung Galaxy phone or Apple iPhone, because they represent the bulk of their selection), with 0% financing over 24 months.

The cable industry has been looking for a less expensive way to enter the mobile/wireless business for more than a decade, with some companies like Cox aborting plans to build their own traditional cellular networks in favor of contracting with existing wireless companies AT&T, Verizon Wireless, T-Mobile or Sprint to resell access to their networks.

Both Comcast and Charter are following a similar path, contracting with Verizon Wireless to provide nationwide 4G LTE coverage. But the handsets the cable companies are selling are also equipped to take advantage of existing Wi-Fi networks, and default to Wi-Fi internet access and calling wherever possible. The handsets seamlessly switch to Verizon’s network when out of range of a suitable Wi-Fi signal. With a growing percentage of wireless data use today managed over Wi-Fi networks, the two cable operators face lower costs than cable companies did in 2005, when they attempted to form an alliance with Sprint to enter the mobile market that never materialized.

But Comcast’s early entry into the mobile business has not come cheap. The company’s chief financial officer reported Comcast expects to rack up $1.2 billion in operating losses over the first 18 months of being in the wireless business. In 2017, XFINITY Mobile lost $480 million. The company will deal with another $200 million in losses this year as it spends more on marketing and introducing support for more devices subscribers bring from their old carriers. After a year, Comcast has attracted 380,000 subscribers to its wireless venture.

Some of the handsets available for sale at XFINITY Mobile will also be sold by Spectrum Mobile.

Where Comcast and Charter diverge is in their interest in constructing their own wireless networks. Comcast wants to leverage the millions of pre-existing “gateways” already installed in customer homes that deliver traditional Wi-Fi access to its customers and guest users. Charter has experimented with fixed wireless in a handful of markets for in-home broadband replacements, and is also contemplating launching a type of super-powered Wi-Fi service that could deliver wireless connectivity across a neighborhood instead of just a single home. If Charter builds a wireless network utilizing frequencies in the 3.5 GHz band, it will be part of its broader plan to integrate multiple wireless networks together.

“Charter is in the process of transitioning its wireless network from a nomadic Wi-Fi network to one that supports full mobility by combining its existing Wi-Fi assets with multiple 4G and 5G access technologies,” Charter said in comments to the FCC. “In navigating this technological transition, Charter is concentrating on an ‘Inside-Out’ strategy, initially focusing on advanced wireless solutions inside the home and office, and eventually expanding outdoors.”

Spectrum Mobile will be the first part of what the company claims is a multi-step process to create a new and powerful wireless network for customers.

“First, in 2018, Charter will begin offering a mobile wireless service to its customers as a Wi-Fi-first MVNO, partnering with Verizon Wireless and using Charter’s own extensive Wi-Fi infrastructure to enhance customer connectivity and experience,” the company told the FCC in February. “In the second phase, Charter plans to use the 3.5 GHz band in conjunction with its Wi-Fi network to improve network performance and expand capacity to offer consumers a superior wireless service.”

Charter Communications today launched gigabit broadband upgrades across dozens of U.S. cities, including almost all of upstate New York (excluding Buffalo) and large parts of Texas, Ohio, California, and Virginia.

With the latest upgrades, customers in these cities are also getting speed bumps for Spectrum’s Internet Ultra package, which will now offer speeds of 400/20 Mbps. Customers can visit Spectrum.com to review their local speed options. Upgrades to the Ultra tier usually carry no service charges, but moving to gigabit speed will come at a cost — a mandatory $199 installation fee, with a service call required.

Some customers may need to swap out or replace their existing cable modems to take full advantage of 400+ Mbps speeds. A list of modems authorized for use on Spectrum’s network along with the speeds they support can be found here.

In other cities where Charter has already launched gigabit service, customers with Standard 100 Mbps internet plans also received a free upgrade to 200/10 Mbps, but readers report that speed upgrade has not yet taken place in areas launching gigabit service today:

• Arizona: Yuma
• California: Los Angeles, Palm Springs, San Diego, El Centro
• Kentucky: Louisville, Bowling Green, and Paducah
• Massachusetts: Boston (Suburbs)
• Nebraska: Lincoln, Omaha
• New York: Binghamton, Albany, Syracuse, Rochester, Elmira/Corning, Utica, and Watertown
• North Carolina: Greensboro, Wilmington, and Greenville
• Ohio: Dayton, Cincinnati, Youngstown, Lima
• Pennsylvania: Wilkes-Barre and Pittsburgh
• Tennessee: Tri-Cities, Chattanooga, and Knoxville
• Texas: Dallas/Fort Worth, Waco, El Paso, Beaumont/Port Arthur, and Wichita Falls
• Virginia: Roanoke/Lynchburg, Norfolk (Suburbs) and Tri-Cities
• Wisconsin: Milwaukee, Green Bay/Appleton

For most customers, here is Spectrum’s current broadband pricing (new customer promotions may offer significantly lower rates and bundled pricing may differ):

• $64.99 Spectrum Internet Standard 100/10 Mbps (will eventually be upgraded to 200/10 Mbps)
• $54.99 Spectrum Internet Standard 100/10 Mbps with Spectrum TV (will eventually be upgraded to 200/10 Mbps)

• $89.99 Spectrum Internet Ultra (400/20 Mbps)
• $79.99 Spectrum Internet Ultra (400/20 Mbps)

• $124.99 Spectrum Internet Gig (940/35 Mbps)
• $114.99 Spectrum Internet Gig (940/35 Mbps) with Spectrum TV

Charter Communications’ takeover of Time Warner Cable and Bright House Networks has not proved popular, according to a new survey from Temkin Group.

The cable operator received rock bottom scores among customers frustrated about how Charter handles its acquired customers, especially those facing a transition to Spectrum plans and pricing. Customers have filled the company’s own forums with complaints about rate increases for newly required equipment or cable television plan changes that force customers to upgrade to win back channels deleted from their long-standing Time Warner Cable or Bright House lineups.

Customer dissatisfaction about the changes was picked up in Temkin Group’s 2018 Temkin Experience Ratings, U.S., published in March.

Just 35% of Charter/Spectrum customers were emotionally satisfied after interacting with Spectrum, the third worst performing company among the 318 surveyed across 20 different industries. Spectrum saw a ratings drop of 8.2% from 2017-2018, the worst performance decline among all TV and internet service providers,  according to Temkin’s survey.

Spectrum also scored just 57% on the “effort” metric, which measures how difficult it was to interact with the company to resolve a problem. Only 51% reported satisfaction with the ability of Spectrum to resolve their concern or problem, putting Spectrum on Temkin’s “Bottom 50 Organizations” — 312th best performer out of 318 companies. (Comcast, Cox, and Altice-Optimum actually performed slightly worse.)

Temken explains the root cause for perennially poor ratings of cable and phone companies: they often have a monopoly.

“There are some industries that have habitually poor customer experience,” Temken explains. “In many of the cases, these problem stems from some form of monopolistic power. TV service providers and internet service providers have carved out regions and have limited competition.”

This marks the eighth year Temkin has published its Temkin Experience Ratings, generated from compiling the results of a survey of 10,000 U.S. consumers about their recent interactions with 318 significant U.S. companies. Temkin measures three dimensions of a customer’s experience:

• Success: To what degree were customers able to accomplish what they wanted to do after a recent interaction with a company.
• Effort: How easy was it to interact with the company.
• Emotion: How did the customer feel about those interactions.

The TV/internet service category has stood out in recent years for consistently delivering rock bottom ratings — the worst of Temkin’s surveyed industries. Only health insurance companies come close to the dismal ratings phone and cable companies deliver year after year.

Much of the decline in Spectrum’s rating is attributed to an increase in the negative emotions customers experienced after interacting with the company. In the last year, the company has adopted a much firmer position on pricing and packages that customers criticize as “take it or leave it pricing.” Spectrum also recently scaled up digital television conversion in many legacy Time Warner Cable markets, with many customers paying for new set-top boxes to continue receiving cable television service on all televisions in the home. The company has also frustrated early and enthusiastic adopters of broadband speed upgrades with compulsory upgrade fees as high as $199.

Based on Temkin’s four customer experience core competencies, it seems like Charter is mired at the first stage of what Temkin calls ‘Customer Experience Maturity’:

Stage One — Ignore: Organization does not focus on customer experience management and does not view customer experience as a core part of its value proposition.

The best performers in Temken’s annual study were supermarkets, which took five of the top 11 spots. The top-rated company in the 2018 study was Wegmans, a privately held supermarket chain operating in the northeastern U.S. Other top scorers included H-E-B, Publix, Aldi, Wawa, Citizens Bank, USAA, Subway, and Ace Hardware.

Golisano

Rochester billionaire and philanthropist Thomas Golisano is seeking expedited regulatory approval from New York’s Public Service Commission to acquire Rochester-based Greenlight Networks, LLC, a fiber to the home network provider for an undisclosed sum.

Greenlight Networks has been slowly overbuilding Charter/Spectrum and Frontier Communications’ service areas in eastern Monroe County since 2012, offering subscribers gigabit internet access. But time may be running short for Greenlight’s competitive broadband speed advantage. Charter Communications is reportedly planning to introduce gigabit service as early as April 25th throughout upstate New York, except for Buffalo.

The urgency of the transaction’s approval is clear in the companies’ filing with state officials requesting an expedited review and approval of the transaction.

“Greenlight’s […] need for working capital and the optimization of capital structure required for long-term success in the competitive telecommunications industry are matters for urgent consideration,” the application states. “Greenlight seeks Commission approval in order to avoid unnecessary delays in the completion of its network expansion projects and in order to secure valuable, committed, outside investors who share Greenlight’s vision and believe in its ability to execute on its plan.”

Greenlight’s success is likely dependent on its ability to rapidly expand its fiber optic network before its biggest competitor, Charter’s Spectrum, capitalizes on its forthcoming ability to match Greenlight’s download speeds. Greenlight receives praise from subscribers lucky enough to live in a neighborhood reached by its network. But residents also report frustration over the slow pace of the company’s fiber network expansion, particularly in suburbs west of the Genesee River that bisects the city of Rochester.

Golisano’s Grand Oaks LLC of Pittsford, N.Y. promises customers the acquisition will not result in any changes in Greenlight’s rates or its terms and conditions.

The petition claims the acquisition is in the public interest because it will offer Greenlight much-needed additional capital to accelerate deployment of its fiber network inside Rochester and beyond. Greenlight’s website suggests the company is considering expansion into the New York State cities of Albany, Binghamton, Buffalo, Ithaca, Syracuse, and the Finger Lakes Region. In Connecticut, the company is considering serving Bridgeport, Danbury, Hartford, New Haven, and Stamford (the corporate home of Frontier Communications). Grand Oak also promises to grow jobs at Greenlight and increase operational efficiency at the company.

Golisano is well-known in Rochester as an entrepreneur, philanthropist, and civic leader. Golisano founded Paychex, a leading national payroll service provider in 1971. After his retirement in 2004, Golisano has been actively involved in local civic causes and advocates for policies promoting improvement in the economy of western New York State.

The application is likely to be approved, but not soon enough to combat Charter Communications’ accelerated broadband upgrades across New York State. By early summer, Spectrum customers across New York State will receive 200 Mbps Standard service, 400 Mbps Ultra service, or 940 Mbps (nearly gigabit) Gigabit service from the cable operator at prices ranging from $65-125 a month. In contrast, Greenlight currently offers customers 100 Mbps for $50, 500 Mbps for $75, or 1,000 Mbps for $100 a month.