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N.Y. Attorney General Wins Effort to Keep Charter/Time Warner Cable Lawsuit in N.Y. Court

Phillip Dampier May 1, 2017 Charter Spectrum, Consumer News, Public Policy & Gov't Comments Off on N.Y. Attorney General Wins Effort to Keep Charter/Time Warner Cable Lawsuit in N.Y. Court

New York Attorney General Eric Schneiderman achieved victory in his effort to keep a lawsuit accusing Charter Communications and its predecessor Time Warner Cable of engaging in false advertising in a state courtroom.

U.S. District Court Judge Colleen McMahon ruled that Charter’s efforts to transfer the case out of New York County Supreme Court to federal court were improper and not warranted. The case will now head back to its original venue as chosen by Schneiderman — Manhattan Supreme Court.

Charter argued the case belonged in federal court because a federal agency — the FCC — had enforcement powers over Charter’s broadband business. The cable company argued that the Communications Act passed by Congress gave federal courts sole jurisdiction over broadband matters. It also argued Net Neutrality imposed a requirement that states were not allowed to inconsistently regulate broadband providers.

Judge McMahon dismissed both arguments, noting the FCC has not ruled it had pre-emptive power over states to regulate broadband and Congress “did not intend for the federal statute to be the exclusive remedy for redressing false advertising and consumer protection claims.”

Schneiderman’s case alleging Time Warner Cable falsely advertised broadband service at speeds it knew it could not deliver will once again be heard by a New York court.

AT&T Uses Tax Dollars to Subsidize Expensive, Capped, and Slow Wireless Rural Broadband Solution

AT&T Fiber isn’t coming to rural communities and farms in the phone company’s service area anytime soon. Instead, AT&T grudgingly accepted $428 million in ratepayer-subsidized Connect America funds to build fixed wireless networks that do not meet the FCC’s minimum definition of broadband, come usage-capped, and will offer a price break only to customers who sign up for AT&T’s other services.

AT&T’s Fixed Wireless Internet service begins this week in Georgia, offering up to 10/1Mbps service with a monthly data cap of 160GB (additional 50GB increments cost $10 each). The monthly price is $70, or $60 with a one-year contract, or $50 if a customer has AT&T wireless phone service or DirecTV. The installation fee is $99, waived if you bundle with DirecTV. The fee covers the installation of an outdoor antenna and indoor residential gateway, which remains the property of AT&T. The service works over AT&T’s 4G LTE network. Credit approval is required, and those not approved may have to pay a refundable deposit to start service. These prices do not include taxes, federal and state universal service charges, regulatory cost recovery charges (up to $1.25), gross receipts surcharge, administrative fees and other assessments which are not government-required charges. See att.com/additionalcharges for details on fees & restrictions.

AT&T is using ratepayer funds to construct a sub-standard fixed wireless network that it will use to cross-sell its own products and services by offering customers a discount. The minimum speed to be considered “broadband” according to the FCC is not less than 25Mbps. But AT&T would have to spend considerably more to equip its wireless solution to work at those speeds, and the company has already admitted fixed wireless will be available in areas where it is “uneconomical to build wireline” networks, according to AT&T president of technology operations Bill Smith.

The new wireless network will be in service for 400,000 locations in Georgia by the end of this year, with 1.1 million locations up and running across 17 other states (Alabama, Arkansas, California, Florida, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, North Carolina, Ohio, South Carolina, Tennessee, Texas and Wisconsin) by 2020.

The buildout is required to meet the terms of the FCC’s Connect America Fund, which AT&T committed to in 2015.

Fixed wireless fits nicely with AT&T’s long-term strategy of mothballing its wireline networks in rural service areas, in favor of wireless alternatives. The company has been behind bills in more than a dozen state legislatures where it offers landline service to permanently disconnect rural customers from wired landline and broadband services.

“We’re committed to utilizing available technologies to connect hard-to-reach locations,” said Eric Boyer, senior vice president, wireless and wired product marketing at AT&T. Just as long as that technology isn’t fiber optics.

Questions and Answers About AT&T’s Fixed Wireless Internet

What is AT&T Fixed Wireless Internet?

AT&T Fixed Wireless Internet provides qualified households and small businesses with high-speed internet service via an outdoor antenna and indoor Wi-Fi Gateway router. AT&T Fixed Wireless Internet includes:

  • High-speed internet with download speeds of at least 10Mbps.
  • 160GB of internet usage per month. If you exceed the amount of data in your plan, additional data will automatically be provided in increments of 50GB for $10, up to a maximum of 20 such increments or $200
  • Wi-Fi connections for multiple devices (e.g. laptops, tablets, smartphones, gaming consoles, etc.).
  • Wired Ethernet connections for up to 4 devices.

What speed does AT&T Fixed Wireless Internet provide?

AT&T Fixed Wireless Internet will provide speeds of at least 10Mbps for downloading and at least 1Mbps for uploading. However, data speeds can vary depending upon various factors:

  • Wi-Fi isn’t as fast as a wired connection. You get the best Wi-Fi signal closest to your gateway without obstructions. Use a wired (Ethernet) connection for the best results.
  • Devices have a maximum internet speed they can reach, and might not be as fast as your possible internet service level (especially older devices).
  • Multiple devices sharing your internet connection at the same time, whether wired or Wi-Fi, can reduce your internet speed.
  • Learn more at att.com/speed101 and att.com/broadbandinfo.

Can I add AT&T Fixed Wireless Internet to my AT&T Mobile Share Plan and is Rollover Data included?

No, AT&T Fixed Wireless Internet cannot be added to a Mobile Share plan, and Rollover Data is not included in the AT&T Fixed Wireless Internet data plan.

Is Wi-Fi included with AT&T Fixed Wireless Internet?

Yes, you can connect multiple Wi-Fi enabled devices like laptops, smartphones and tablets to the AT&T Fixed Wireless Internet Wi-Fi Gateway, and up to 4 Ethernet-connected devices. When you access your AT&T Fixed Wireless Internet over your Wi-Fi home network using any type of device (including smartphones and some home automation equipment), that counts as AT&T internet data usage. However, if you access the internet via a public or commercial Wi-Fi hotspot, that access does not count as usage.

How far does the AT&T Fixed Wireless Internet Wi-Fi signal reach?

The AT&T Fixed Wireless Internet Wi-Fi Gateway router enables wireless networking capabilities throughout your home or business and helps to minimize wireless dead spots. This smart technology allows you to:

  • Provide high-speed internet connections to multiple devices
  • Create safe and secure wireless networking

Does weather affect service?

AT&T Fixed Wireless Internet relies on a LTE signal from a cell tower. Many things can affect the availability and quality of your service, including network capacity, terrain, buildings, foliage, and weather. A professional installer will confirm sufficient signal strength at your location before installation.

What type of support is available for AT&T Fixed Wireless Internet service?

For AT&T Fixed Wireless Internet Customer Care, call 1-855-483-3063, available 6AM to midnight Central Time 7-days a week.

How long does it take to get AT&T Fixed Wireless Internet service?

AT&T Fixed Wireless Internet service is available for installation within 10 business days of ordering. Professional installation (required) usually takes about 3 hours.

If I move, can I take AT&T Fixed Wireless Internet with me?

If you are moving, please contact AT&T to find out if AT&T Fixed Wireless Internet or other AT&T services are available at your new address. Please do not attempt to move the AT&T Fixed Wireless Internet outdoor antenna.

Can I take AT&T Fixed Wireless Internet to my cottage or second home?

No, AT&T Fixed Wireless Internet is not movable or mobile. Please do not attempt to move the AT&T Fixed Wireless Internet outdoor antenna.  Please contact AT&T to find out if AT&T Fixed Wireless Internet or other AT&T services are available at your cottage or second home.

How is AT&T Fixed Wireless Internet different from AT&T Wireless Home Phone & Internet?

Both AT&T Fixed Wireless Internet and AT&T Wireless Home Phone & Internet provide internet access. AT&T Fixed Wireless Internet includes an outdoor antenna that is professionally mounted on or near the exterior of your home or business to provide a strong signal for better connectivity, while Wireless Home Phone & Internet uses a small desktop device that you can install yourself since there is no outdoor antenna. Stated another way, Wireless Home Phone & Internet is a mobile service, whereas AT&T Fixed Wireless Internet is not. AT&T Fixed Wireless Internet is only available in select (typically rural) areas, while Wireless Home Phone & Internet is available throughout the AT&T wireless footprint.  AT&T Fixed Wireless Internet provides internet download speeds of 10Mbps or over, while Wireless Home Phone & Internet provides the highest speed available to it, typically in the range of 5-12Mbps.

What service limitations apply to AT&T Fixed Wireless Internet?

Services like web hosting or hosted services such as camera, gaming server, peer-to-peer, etc., that require static IP address are not supported by AT&T Fixed Wireless Internet. AT&T Fixed Wireless Internet may not be compatible with DVR/Satellite systems; please check with your provider.

Here’s What You Need to Know About Comcast’s Xfinity Mobile

Phillip Dampier April 10, 2017 Comcast/Xfinity, Competition, Consumer News, Wireless Broadband Comments Off on Here’s What You Need to Know About Comcast’s Xfinity Mobile

Comcast, the nation’s largest cable television operator, will compete for wireless customers with a new no-contract wireless plan that combines Verizon Wireless’ mobile network with Comcast’s installed base of 16 million hotspots installed in customer homes and businesses.

Xfinity Mobile will offer two plans — a pay as you go option for $12/GB and an unlimited calling, texting, and data plan that ranges from $45-65 a month. Customers spending about $150 or more on a Comcast X1 bundle of services will pay the lesser amount, while those with a more basic package will pay more. Customers must at least subscribe to Xfinity Internet service to qualify for the new wireless plan and live in a Comcast service area.

Comcast is powering its cell phone service with its MVNO agreement with Verizon Wireless, which grants the cable company the right to resell Verizon’s wireless network under the Xfinity brand. But Comcast hopes customers will use their devices the most while connected to an Xfinity Wi-Fi hotspot, available in most Comcast customer homes and an extensive network of businesses. To make sure that happens, devices acquired from Comcast will come pre-configured to automatically connect to Comcast’s Wi-Fi, where available.

Comcast’s “unlimited” $65 plan — likely to be the most popular option, is between $15-25 less than what Verizon and AT&T charge their customers for a comparable plan, at least for accounts with just a single device attached. Like other “unlimited” plans, Comcast has a fine print data cap: 20GB of wireless data usage per month, after which it will throttle the customer’s connection until the next billing cycle begins. Comcast intends to always impose the speed throttle once 20GB is reached, not just in areas with congested cell towers. But throttled speeds will be a less maddening 1.5Mbps instead of the usual 128kbps most carriers use to punish their data-heavy users.

Overall, the plan may deliver some savings to current Comcast customers unfazed by signing up for a “quad play” bundle of wireless, phone, TV, and internet access, especially for those bringing a single wireless line to Comcast. Customers with multiple wireless devices on a family plan may want to do the math before signing up with Comcast. Unlike other wireless carriers, Comcast does not offer a discount for additional lines. For most, the price will be $65 a month for each line. For an account with four lines, that would amount to $260 a month — $75 more than what AT&T charges for a similar four-line plan.

Comcast may also attract some interest from light users or those with devices like tablets. Comcast’s $12/GB data plan has no limits or minimum charges. If a customer doesn’t use the plan, there are no charges. If a customer on this plan approaches 4GB of usage in a billing cycle, they can upgrade to Xfinity’s unlimited wireless plan ($45-65) mid-month and then use up to 20GB of data with no extra charges or speed throttles. Customers can put some devices on an unlimited plan and others on a pay-as-you-go plan on the same account.

Early adopters ready to sign up when the service launches this May or June will need to buy new devices from Comcast. The company will sell current generation Apple iPhones, Samsung Galaxy smartphones, and a budget option from LG Electronics. Customers can pay for devices upfront or receive interest-free financing.

Comcast’s interest in entering the wireless business represents the latest effort to keep customers locked into Comcast’s suite of products and services. The more services a customer bundles with Comcast, the more disruptive it will be to switch to another provider.

“The economics really work,” Comcast CEO Brian Roberts said in January. “The goal of the business is to have better bundling with some of our customers who want to save on some of their bill and get a world-class product.”

Because Comcast will rely entirely on Verizon Wireless to provide cellular connectivity, the cost of getting into the mobile business is relatively low. Comcast struck a deal with Verizon several years ago giving the cable company “perpetual” access to Verizon Wireless, as well as any upgrades Verizon makes to its network in the future. However, Verizon still has the right to raise prices on Comcast, potentially slowing or stopping Xfinity Wireless from ever growing large enough to threaten Verizon’s profits.

Charter Communications is planning to introduce a similar wireless product in 2018.

Judge Set to Hear N.Y. v. Charter Internet Speed Suit Forced to Recuse; He’s a Subscriber

Judge Engelmayer

New York Attorney General Eric Schneiderman will have to wait to bring his lawsuit claiming Charter/Spectrum is ripping off New York consumers with false speed claims until the courts can find a judge that isn’t a Charter/Spectrum subscriber.

U.S. District Judge Paul A. Engelmayer recused himself from hearing the case in state court Wednesday because he has a conflict of interest – he’s a Charter/Spectrum customer and could receive monetary damages if the cable company is found culpable.

“I am obligated to recuse,” Judge Engelmayer said, while also apologizing for not doing so earlier. As a former Time Warner Cable customer, he was unfamiliar with the Spectrum brand and only recently realized Charter Communications had acquired Time Warner Cable. “I can barely use a toaster. I have no idea what internet service I subscribe to.”

Charter Communications is trying to get the case heard in a presumably more friendly venue – federal court, and the case is on hold until Schneiderman completes his argument to have the case heard by a New York court. Charter argues that Schneiderman should not be allowed to bring enforcement actions under state law in state courts just because he is dissatisfied with the performance of the FCC.

The New York Attorney General brought the action after allegedly finding extensive evidence Time Warner Cable was not delivering the internet speeds the company promised in its advertising and in some cases left customers with equipment incapable of supporting the higher speeds customers purchased.

If Schneiderman can successfully keep the case in New York, the courts will have to find a judge with Verizon FiOS or no internet at all — a tall order in a state where Charter/Spectrum’s service area covers Buffalo to Manhattan and all points in-between.

Comcast Boosting Performance Internet Speed to 70Mbps

Phillip Dampier March 23, 2017 Broadband Speed, Comcast/Xfinity, Consumer News 1 Comment

Comcast has begun rolling out another speed increase for its broadband customers subscribed to its Performance tier.

The free upgrade, which began March 1, raises downstream speeds from 50 to 70Mbps. The speed boost is likely to gradually spread across Comcast’s nationwide footprint, but this month the new speeds are available to residential customers in:

  • Oregon
  • Washington State
  • Colorado
  • Utah
  • Houston
  • Tucson, Ariz.

Comcast is notifying customers with older modems they will need to get a new one to take advantage of the faster speeds.

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