Home » time warner cable » Recent Articles:

Audit Critical of NY Public Service Commission’s Performance Holding Telecom Companies Accountable

New York’s Public Service Commission (PSC) has come under fire in an audit by State Comptroller Thomas DiNapoli for “falling short” monitoring Charter Spectrum, Altice-Optimum, and Windstream, some of the state’s largest telecom companies.

“When New Yorkers flip on the lights, log in or make a call, they should be confident that someone is making sure these service providers are living up to their promises,” DiNapoli said. “My auditors found the state Public Service Commission was not doing enough to make sure utilities are holding up their end of the deal. PSC lacked critical equipment to do its job and rarely inflicted financial consequences when companies did not deliver. This has to change.”

The audit found that the regulator was often arbitrary in its orders, frequently failed to verify compliance of conditions imposed on providers, and quietly dropped compliance penalties including fines and merger revocation orders when the Commission faced pushback from companies.

Most of the audit’s criticism was directed at how the PSC managed the 2016 merger-acquisition of Time Warner Cable by Charter Communications (better known as Spectrum). The merger was approved after Charter agreed to ten deal conditions. But DiNapoli’s auditors found Charter failed to either complete four of these conditions or the PSC failed to verify they were completed. New York also lost the opportunity to collect $5 million from Charter’s failure to meet its rural broadband commitments. Instead, the PSC settled for $1 million and agreed to extend the deadline for Charter to expand its rural footprint, rewarding the company for its failure.

DiNapoli’s audit criticized the PSC’s verification procedures to determine if Charter adequately upgraded its cable systems to all-digital technology and raised broadband speeds by the end of 2018. Instead, the Comptroller found the Commission often took Charter’s word for it because it lacked the equipment and resources to independently verify Charter’s performance.

DiNapoli

The auditors also complained Charter offered scant evidence of compliance with two other terms of its merger approval agreement — wiring 50 community locations for free broadband service and investing at least $50 million to improve service quality for New York customers. The audit found no evidence Charter had wired any community locations for free broadband service, and the Commission failed to verify Charter made suitable investments in service improvements by its May 2018 deadline.

The Commission disagreed with several of the audit’s findings. The Commission claimed it held comprehensive proceedings to review the Charter acquisition of Time Warner Cable, imposed deadlines on the conditions, and eventually threatened to revoke Charter’s cable franchises for the company’s failure to comply with its orders.

“After pursuing escalating enforcement actions, the Commission in mid-2018, revoked the merger authorization,” the Commission responded. “This final enforcement action which revoked the company’s authorization to operate in in the state set an important precedent in New York — and across the nation — as this type of enforcement remedy had not been previously utilized in the regulatory community. Ultimately, the enforcement action was settled in a manner that resulted in a company commitment to expand its network entirely Upstate at an estimated cost of more than $600 million, more than twice the original estimate at the time of the merger approval, and $12 million paid by the company in lieu of penalty for additional network expansion work.”

The settlement effectively rendered the PSC’s fines against Charter for not meeting its rural broadband expansion deadlines moot. The Commission argued New Yorkers benefited more from Charter’s additional commitments to expand its cable footprint even further than originally envisioned.

“The Department utilizes penalty actions in a strategic manner to address violations,” the Commission explained. “It can be more beneficial to the state’s customers to obtain at shareholder expense expanded infrastructure, reductions in rates, or improvements in customer service rather than imposing financial penalties, and when that is the case, the [Commission] does indeed prefer the best response for customers.”

But DiNapoli’s audit noted that utilities are well aware of how to avoid paying fines by delaying their collection indefinitely through legal remedies. The audit slammed the PSC for walking away from collecting the fines owed, noting it “creates a lack of accountability and inspires little motivation to stay in compliance.” It also complained that regardless of what additional remedies the PSC extracted from Charter in a final settlement, tens of thousands of rural New Yorkers remain without the internet service they were promised, and will probably have to wait until as late as 2021 to get it.

“As it has been over three years since the merger was approved, network expansion should have already been provided to approximately 126,875 unserved or underserved premises based on the 2016 Commission Order approving the merger,” the audit found. “As of July 2019, Charter had only extended its network to 64,827 premises. Based on the original Order, 62,048 additional customers should have received access to these services. Charter now has until September 2021 to complete the network expansion of 145,000 premises previously scheduled to be completed by May 2020.”

The PSC also claimed it was distracted by legal actions it was taking surrounding the revocation of the merger’s approval, but after the case was settled, the Commission did undertake random speed testing to verify Charter had raised the broadband speeds as agreed in the merger agreement.

“Staff is confident that, in all areas field tested to date, the Charter network is capable of providing broadband service with download speed in excess of 300 Mbps, and the network itself has the potential to provide download speed beyond 1 Gbps. In fact, the company is marketing 1 Gbps service in much of the New York State service footprint,” the Commission argued.

The Commission confirmed Charter has not yet showed it is providing free broadband service to 50 community service locations, such as libraries, schools, or town halls. Charter initially refused to provide information about the service locations it selected for complimentary service “for privacy reasons.” But since the Commission placed no deadline on complying with this condition, it cannot penalize Charter for not meeting it on a timely basis.

“After multiple discussions, Charter finally provided a list of the 50 Anchor Institutions on July 17, 2019 and included bill copies and/or account screen shots demonstrating no charge for broadband service to these institutions,” the Commission responded. “Staff has been able to independently confirm that 33 of the 50 institutions are receiving broadband service from Charter at no charge. For the remaining institutions, Charter was asked to provide additional evidence that these institutions have been provided this complimentary service. If Charter cannot definitively demonstrate that the 17 institutions are receiving free service, Charter must select a replacement institution in order to fulfill this condition. Once Charter has provided this information, Staff will then begin its independent confirmation.”

The Commission also claims Charter met its obligation to invest at least $50 million in service improvements.

“In its May 2018 Annual Update, Charter provided a list of expenditures totaling over $90 million to comply with this condition. From that list, Staff identified completed projects totaling approximately $70 million that were dedicated to New York State. To verify these expenditures, Staff requested and analyzed actual invoices to determine whether the expenditures were made,” the Commission claimed.

The audit found some of these same issues also applied to two other telecom merger and acquisition deals impacting New York consumers. Altice’s acquisition of Cablevision’s Optimum cable service received approval with five deal conditions. The audit found the Commission failed to adequately verify compliance with three of those conditions, relating to internet speed and performance, free broadband service to 40 community institutions, and improvements to customer service requiring Altice to fix customer issues within two days. The Commission responded that its belated verification found no non-compliance, but the audit urged the Commission not to delay its verification procedures going forward.

FairPoint is now known under the name of its owner, Consolidated Communications.

FairPoint Communications offers telephone and internet service to 13,700 customers in a few rural communities in New York. Its new owner, Consolidated Communications, was required to implement eight deal conditions, and the audit found it failed to meet two of them. FairPoint was required to invest at least $4 million in network reliability and service quality improvements, including the expansion of internet access service to at least 300 additional locations. FairPoint submitted an expansion plan, and updated reports, including the number of locations completed which is claimed to be over 300.

But the audit found the Commission failed to verify these claims, citing inadequate staffing to visit FairPoint’s rural service areas to perform field inspections. The audit found the Commission didn’t bother to verify service improvements in any location. Another deal condition was designed to protect FairPoint’s “customer-facing” employees from layoffs. Soon after the merger, “FairPoint reclassified 9 of the 39 customer-facing positions and ultimately eliminated them, claiming they ‘duplicated work being performed in other work centers.'” The audit’s initial findings triggered an investigation by the PSC to determine if FairPoint violated the terms of its merger order. Ultimately, the Commission found it did not, but the audit warned the PSC was completely unaware of the employment changes until the audit discovered them.

The Comptroller’s Office made four recommendations the PSC should either implement or improve:

  1. Actively monitor all conditions listed in Orders to ensure all utilities are in compliance.
  2. Develop and issue Orders that include well-defined, measurable, and enforceable conditions. The Orders should also include the consequences for non-compliance, as appropriate.
  3. Verify the accuracy of data submitted by utilities that is used by the Commission or Department to evaluate or make decisions concerning the utilities. This includes data submitted for performance metrics, safety standards, and Utility Service Quality Reports.
  4. Develop policies and procedures that provide employees with standard monitoring steps to perform when overseeing compliance with merger or acquisition Orders, as well as steps addressing the auditing of data submitted in support of Utility Service Quality Reports.

Californians That Subscribed to Time Warner Cable Maxx Internet Service Getting A Refund Up to $180

Only former TWC Maxx customers in Southern California qualify for bill credits.

If you were a Time Warner Cable internet customer in California, Charter Communications may refund you up to $180 if the company did not deliver the internet speed it advertised.

Charter has settled the lawsuit filed by the district attorneys of Los Angeles, San Diego, and Riverside that alleged Time Warner Cable knowingly sold customers internet speed it could not deliver. Charter will pay $16.9 million, most of which will be returned to affected customers in the form of a bill credit.

“This historic settlement serves as a warning to all companies in California that deceptive practices are bad for consumers and bad for business,” said Los Angeles County District Attorney Jackie Lacey. “We as prosecutors demand that all service providers — large and small — live up to their claims and fairly market their products.”

There are three tiers of relief for impacted customers:

  • Customers subscribed to Time Warner Cable Maxx internet service in the past will be offered one of two free services. Cable TV and internet customers will receive three free months of Showtime (current subscribers excluded). Internet-only customers will receive one free month of Spectrum Choice, a slimmed down streaming TV package (current subscribers excluded). Both services will automatically be disconnected at the end of the free service period, protecting customers from future billing unless they subsequently subscribe.
  • Internet customers subscribed to a premium Time Warner Cable Maxx speed tier will receive a one time credit of $90.
  • If the customer was also supplied a legacy cable modem unable to support the subscribed premium internet speed tier, the subscriber will receive a one time credit of $180.

Charter Communications will automatically notify impacted subscribers and apply service credits within the next 60 days, but you will have to call Spectrum to activate the Showtime or Spectrum Choice offers.

The settlement also sets aside a payment to the plaintiffs of $1.9 million, to be split evenly between the three cities.

The lawsuit and corresponding settlement are similar to the 2017 internet speed case filed against Time Warner Cable by the New York Attorney General’s office. New York and Los Angeles were among the first cities upgraded to Time Warner Cable Maxx service, which raised internet speed for customers up to 300 Mbps. In New York, the lawsuit alleged Time Warner Cable knowingly advertised higher internet speed its network could not always support because of congestion and antiquated cable equipment and modems.

Charter Quickly Settles California Internet Speed Lawsuit

Charter Communications, doing business as Time Warner Cable, has quickly moved to settle a lawsuit filed last week by the district attorneys of Los Angeles, San Diego, and Riverside, Calif.

The lawsuit, filed in California Superior Court, alleged that Time Warner Cable misrepresented the internet speeds it marketed to California consumers and failed to deliver the level of service advertised.

“We cooperated fully in the review, have resolved this matter comprehensively, and this is expressly not a finding nor an admission of liability,” Charter said in a statement.

The lawsuit is very similar to one filed in New York in 2017 and later settled by Charter involving Time Warner Cable Maxx service, which offered internet speeds in upgraded service areas around New York City up to 300 Mbps.

The suit claimed that Time Warner Cable knowingly oversold its services using infrastructure incapable of meeting the level of service customers paid for. The California suit claimed Time Warner Cable allegedly engaged in unlawful business practices starting as early as 2013. Time Warner Cable was sold to Charter Communications in 2016 and began operating as Spectrum by the end of that year.

The district attorneys requested civil damages and a formal injunction prohibiting Spectrum from advertising internet speeds it cannot support. None of the district attorneys involved in the case had any comment about the settlement. It is not known what damages, if any, Charter has agreed to pay in return for settling the case out of court.

Regulators… Captured: AT&T Gets FCC to Omit Bad Internet Speed Scores It Doesn’t Like

AT&T was unhappy with the low internet speed score the FCC was about to give the telecom giant, so it made a few phone calls and got the government regulator to effectively rig the results in its favor.

“Regulatory capture” is a term becoming more common in administrations that enable regulators that favor friendly relations with large companies over consumer protection, and under the Trump Administration, a very business-friendly FCC has demonstrated it is prepared to go the distance for some of the country’s largest telecom companies.

Today, the Wall Street Journal reported AT&T successfully got the FCC to omit DSL speed test results from the agency’s annual “Measuring Broadband America” report. Introduced during the Obama Administration, the internet speed analysis was designed to test whether cable and phone companies are being honest about delivering the broadband speed they advertise. Using a small army of test volunteers that host a free speed testing router in their home (full disclosure: Stop the Cap! is a volunteer host), automated testing of broadband performance is done silently by the equipment on an ongoing basis, with results sent to SamKnows, an independent company contracted to manage the data for the FCC’s project.

In 2011, the first full year of the program, results identified an early offender — Cablevision/Optimum, which advertised speed it couldn’t deliver to many of its customers because its network was oversold and congested. Within months, the company invested millions to dramatically expand internet capacity and speeds quickly rose, sometimes beyond the advertised level. In general, fiber and cable internet providers traditionally deliver the fastest and most reliable internet speed. Phone companies selling DSL service usually lag far behind in the results. One of those providers happened to be AT&T.

In the last year, the Journal reports AT&T successfully appealed to the FCC to keep its DSL service’s speed performance out of the report and withheld important information from the FCC required to validate some of the agency’s results.

The newspaper also found multiple potential conflicts of interest in both the program and SamKnows, its contracted partner:

  • Providers get the full names of customers using speed test equipment, and some (notably Cablevision/Optimum) regularly give speed test customers white glove treatment, including prioritized service, performance upgrades and extremely fast response times during outages that could affect the provider’s speed test score. Jack Burton, a former Cablevision engineer said “there was an effort to make sure known [users] had up-to-date equipment” like modems and routers. Cablevision also marked as “high priority” the neighborhoods that contained speed-testing users, ensuring that those neighborhoods got upgraded ahead of others, said other former Cablevision engineers close to the effort.
  • Providers can tinker with the raw data, including the right to exclude results from speed test volunteers subscribed to an “unpopular” speed tier (usually above 100 Mbps), those using outdated or troublesome equipment, or are signed up to an “obsolete” speed plan, like low-speed internet. Over 25% of speed test results (presumably unfavorable to the provider) were not included in the last annual report because cable and phone companies objected to their inclusion.
  • SamKnows sells providers immediate access to speed test data and the other data volunteers measure for a fee, ostensibly to allow providers to identify problems on their networks before they end up published in the FCC’s report. Critics claim this gives providers an incentive to give preferential treatment to customers with speed testing equipment.

Some have claimed internet companies have gained almost total leverage over the FCC speed testing project.

The Journal:

Internet experts and former FCC officials said the setup gives the internet companies enormous leverage. “How can you go to the party who controls the information and say, ‘please give me information that may implicate you?’ ” said Tom Wheeler, a former FCC chairman who stepped down in January 2017. Jim Warner, a retired network engineer who has helped advise the agency on the test for years, told the FCC in 2015 that the rules for providers were too lax. “It’s not much of a code of conduct,” Mr. Warner said.

An FCC spokesman told the Journal the program has a transparent process and that the agency will continue to enable it “to improve, evolve, and provide meaningful results as we move forward.”

The stakes of the FCC’s speed tests are enormous for providers, now more reliant than ever on the highly profitable broadband segment of their businesses. They also allow providers to weaponize  favorable performance results to fight off consumer protection efforts that attempt to hold providers accountable for selling internet speeds undelivered. In some high stakes court cases, the FCC’s speed test reports have been used to defend providers, such as the lawsuit filed by New York’s Attorney General against Charter Communications over the poor performance of Time Warner Cable. The parties eventually settled that case.

In 2018, the key takeaway from the report celebrated by providers in testimony, marketing, and lobbying, was that “for most of the major broadband providers that were tested, measured download speeds were 100% or better of advertised speeds during the peak hours.”

Comcast often refers to the FCC’s results in claims about XFINITY internet service: “Recent testing performed by the FCC confirms that Comcast’s broadband internet access service is one of the fastest, most reliable broadband services in the United States.” But in 2018, Comcast also successfully petitioned to FCC to exclude speed test results from 214 of its testing customers, the highest number surveyed among individual providers. In contrast, Charter got the FCC to ignore results from 148 of its customers, Mediacom asked the FCC to ignore results from 46 of its internet customers.

Among the most remarkable findings uncovered by the Journal was the revelation AT&T successfully got the FCC to exclude all of its DSL customers’ speed test results, claiming that it would not be proper to include data for a service no longer being marketed to customers. AT&T deems its DSL service “obsolete” and no longer worthy of being covered by the FCC. But the company still actively markets DSL to prospective customers. This year, AT&T also announced it was no longer cooperating with SamKnows and its speed test project, claiming AT&T has devised a far more accurate speed testing project itself that it intends to use to self-report customer speed testing data.

Cox also managed to find an innovative way out of its poor score for internet speed consistency, which the FCC initially rated a rock bottom 37% of what Cox advertises. Cox claimed its speed test results were faulty because SamKnows’ tests sent traffic through an overcongested internet link yet to be upgraded. That ‘unfairly lowered Cox’s ratings’ for many of its Arizona customers, the company successfully argued, and the FCC put Cox’s poor speed consistency rating in a fine print footnote, which included both the 37% rating and a predicted/estimated reliability rating of 85%, assuming Cox properly routed its internet traffic.

The FCC report also downplays or doesn’t include data about internet slowdowns on specific websites, like Netflix or YouTube. Complaints about buffering on both popular streaming sites have been regularly cited by angry customers, but the FCC’s annual report signals there is literally nothing wrong with most providers.

Providers still fear their own network slowdowns or problems during known testing periods. The Journal reports many have a solution for that problem as well — temporarily boosting speeds and targeting better performance of popular websites and services during testing periods and returning service to normal after tests are finished.

James Cannon, a longtime cable and telecom engineering executive who left Charter in February admitted that is standard practice at Spectrum.

“I know that goes on,” he told the Journal. “If they have a scheduled test with a government agency, they will be very careful about how that traffic is routed on the network.”

As a result, the FCC’s “independent” annual speed test report is now compromised by large telecom companies, admits Maurice Dean, a telecom and media consultant with 22 years’ experience working on streaming, cable and telecom projects.

“It is problematic,” Dean said. “This attempt to ‘enhance’ performance for these measurements is a well-known practice in the industry,’ and makes the FCC results “almost meaningless for describing actual user experience.”

Tim Wu, a longtime internet advocate, likened the speed test program as more theoretical than actual, suggesting it was like measuring the speed of a car after getting rid of traffic.

Charter Spectrum Shutting Down Home Security Service in February

Phillip Dampier December 12, 2019 Charter Spectrum, Consumer News 49 Comments

Charter Communications has notified customers of Time Warner Cable and Bright House Networks’ home security services that it intends to discontinue both services in February, leaving many customers with hundreds of dollars in equipment that will be rendered useless when the service closes down.

“At Spectrum, we continually evaluate our products to ensure we are bringing you superior, consistent and reliable service. We perform regular reviews of our services and as a result, effective February 5, 2020, we will no longer be providing or supporting Spectrum Home Security service.”

Formerly known as Time Warner Cable IntelligentHome and Bright House Networks’ Home Security & Control, the two home security services are legacies of the two former cable companies acquired by Charter Communications. Charter showed no interest in marketing the security services under the Spectrum brand, although the company agreed to continue supporting existing customers until now. Top executives were reportedly disinterested in the prospect of selling home security products and services.

The news has not been welcomed by customers, many who made substantial investments in optional alarm system add-ons that were purchased by customers. At least one spent over $1,200 bolstering the basic security system offered by the two cable companies with additional door contacts, motion detectors, smoke detectors, keypads, fobs, and other extra cost add-ons. That equipment, which normally supports the Zigbee standard, will be rendered inoperative in February because both companies locked the hardware to their specific cable systems, making it currently impossible to repurpose the equipment with another alarm system or service.

A DSL Reports reader is fuming:

All these devices are Zigbee based, made by a major player in the Zigbee devices game. Under normal circumstances, you would be able to take all your stuff and move it over to your own home automation solution (Samsung SmartThings, Wink, Hubitat to name a few). But nope, not Spectrum’s devices. Early on they were firmware coded to prevent them from being seen and usable within the normal universe of Zigbee devices. With a couple of exceptions Spectrum’s Zigbee devices will only see the Spectrum Zigbee universe. So essentially after Feb. 5, 2020 your house full of Zigbee devices will be useless.

The criminal part in this is that with literally a 10 minute fix and firmware to those devices BEFORE they shutter their service would open them to the universe of compatible Zigbee devices but you can take to the bank that Spectrum isn’t going to do it, otherwise they would have mentioned it with the announcement. All those hundreds of dollars (thousands in some cases) down the drain… how does that make you feel?

Those of you with Home Security should be demanding that Spectrum either buyback each and every device they will be orphaning OR they do the right thing and push a simple firmware update that allows the devices to play in the normal Zigbee universe of devices allowing you to make the decision as to which hub and ultimately service you subscribe to.

Spectrum instead has signed a deal with Abode, a competing provider, that is offering to rip existing Spectrum home security equipment out of subscriber homes and replace it with a new basic system starting at $179 a year. Add-ons will be offered at a 25% discount, but will still require customers to spend hundreds more to replace almost every alarm related sensor in their home. Would-be customers are also warned in the fine print free installation is only applicable for the basic Abode Alarm 8-piece alarm kit. Installation of additional devices or accessories will be at an additional cost, which is likely in the range of several hundred dollars for more elaborate systems.

Search This Site:

Contributions:

Recent Comments:

  • Paul Houle: Around Ithaca I know many Greens, Pagans and ecologists who ask me about 5G because they know I am a physicist, hacker, and computer programmer. The...
  • Roger Ross: In spite of what you are saying, this strategy will ultimately fail, and it is sad they cannot see it coming. What they should have done was lower pr...
  • Dixie whitehead: What channel number is this sports package on...
  • JOE K: good luck........
  • JOE K: FTR lied to the SEC SPINCO was not integrated neither was CTF. MAGGIE AND THE REST OF THE VP'S TOOK BONUS. CRIMINAL! 1980 IBM MAINFRAME DPI GREEN ...
  • Missie E: Spectrum lied to me and said I did not pay them. When I brought my receipt and bill into the Spectrum office the lady said she remembered when I paid...
  • matt: what channel will sports tier be on...
  • Maureen O’Brien: I also think Charter Cable (spectrum) is a disgrace. Their billing info is a travesty of justice. I would like to know congressmen/women were agains...
  • Phil: I moved into a new build neighborhood late last year in Ohio, was excited to see (on their website, and verified by calling) that they were offering F...
  • U Marc: This is incorrect Information. XFi pods maxim throughput speeds on 2.4 Ghz band is 300MBPS and 867Mbps on the 5 Ghz band...
  • TJE: After 25 years of being a loyal Charter client, I am done. Rate increases, poor service, the worst customer service in history, being on hold forever...
  • Sherry: I also bought equipment and haven’t had very long also please let me know if you file a lawsuit will join...

Your Account: