Although cable and phone companies love to declare themselves part of a fiercely competitive telecommunications marketplace, it is increasingly clear that is more fairy tale than reality, with each staking out their respective market niches to live financially comfortable ever-after.

In the last week, Time Warner Cable managed to alienate its broadband customers announcing another rate increase and a near-doubling of the modem rental fee the company only introduced as its newest money-maker last fall. What used to cost $3.95 a month will be $5.99 by August.

The news of the “price adjustment” went over like a lead balloon for customers in Albany, N.Y., many who just endured an 18-hour service outage the day before, wiping out phone and Internet service.

“They already get almost $60 a month from me for Internet service that cuts out for almost an entire day and now they want more?” asked Albany-area customer Randy Dexter. “If Verizon FiOS was available here, I’d toss Time Warner out of my house for good.”

Alas, the broadband magic sparkle ponies have not brought Dexter or millions of other New Yorkers the top-rated fiber optic network Verizon stopped expanding several years ago. The Wall Street dragons complained about the cost of stringing fiber. Competition, it seems, is bad for business.

In fact, Verizon Wireless and Time Warner Cable are now best friends. Verizon Wireless customers can get a fine deal — not on Verizon’s own FiOS service — but on Time Warner’s cable TV. Time Warner Cable originally thought about getting into the wireless phone business, but it was too expensive. It invites customers to sign up for Verizon Wireless service instead.

This is hardly a “War of the Roses” relationship either. Wall Street teaches that price wars are expensive and competitive shouting matches do not represent a win-win scenario for companies and their shareholders. The two companies get along fine where Verizon has virtually given up on DSL. Time Warner Cable actually faces more competition from AT&T’s U-verse, which is not saying much. The obvious conclusion: unless you happen to live in a FiOS service area, the best deals and fastest broadband speeds are not for you.

Further upstate in the Rochester-Finger Lakes Region, Time Warner Cable faces an even smaller threat from Frontier Communications. It’s a market share battle akin to United States Cable fighting a war against Uzbekistan Telephone. Frontier’s network in upstate New York is rich in copper and very low in fiber. Frontier has lost landline customers for years and until very recently its broadband DSL offerings have been so unattractive, they are a marketplace afterthought.

Rochester television reporter Rachel Barnhart surveyed the situation on her blog:

Think about this fact: Time Warner, which raked in more than $21 billion last year, has 700,000 subscribers in the Buffalo and Rochester markets. I’m not sure how many of those are businesses. But the Western New York market has 875,000 households. That’s an astounding market penetration. Does this mean Time Warner is the best choice or the least worse option?

That means Time Warner Cable has an 80 percent market share. Actually, it is probably higher because that total number of households includes those who either don’t want, need, or can’t afford broadband service. Some may also rely on limited wireless broadband services from Clearwire or one of the large cell phone companies.

In light of cable’s broadband successes, it is no surprise Time Warner is able to set prices and raise them at will. Barnhart, who has broadband-only service, is currently paying Time Warner $37.99 a month for “Lite” service, since reclassified as 1/1Mbps. That does not include the modem rental fee or the forthcoming $3 rate hike. Taken together, “Lite” Internet is getting pricey in western New York at $47 a month.

Retiring CEO Glenn Britt believes there is still money yet to be milked out of subscribers. In addition to believing cable modem rental fees are a growth industry, Britt also wants customers to begin thinking about “the usage component” of broadband service. That is code language for consumption-based billing — a system that imposes an arbitrary usage limit on customers, usually at current pricing levels, with steep fees for exceeding that allowance.

Rochester remains a happy hunting ground for Internet Overcharging schemes because the only practical, alternative broadband supplier is Frontier Communications, which Time Warner Cable these days dismisses as an afterthought (remember that 80 percent market share). Without a strong competitor, Time Warner has no problem experimenting with new “usage”-priced tiers.

Time Warner persists with its usage priced plans, despite the fact customers overwhelmingly have told the company they don’t want them. Time Warner’s current discount offer — $5 off any broadband tier if you keep usage under 5GB a month, has been a complete marketing failure. Despite that, Time Warner is back with a slightly better offer — $8 off that 5GB usage tier and adding a new 30GB usage limited option in the Rochester market. We have since learned customers signing up for that 30GB limit will get $5 off their broadband service.

In nearby Ohio, the average broadband user already exceeds Time Warner’s 30GB pittance allowance, using 52GB a month. Under both plans, customers who exceed their allowance are charged $1 per GB, with overlimit fees currently not to exceed $25 per month. That 30GB plan would end up costing customers an extra $22 a month above the regular, unlimited plan. So much for the $5 savings.

Unfortunately, as long as Time Warner has an 80 percent market share, the same mentality that makes ever-rising modem rental fees worthwhile might also one day give the cable company courage to remove the word “optional” from those usage limited plans. With usage nearly doubling every year, Time Warner might see consumption billing as its maximum moneymaker.

In 2009, Time Warner valued unlimited-use Internet at $150 as month, which is what they planned to charge before pitchfork and torch-wielding customers turned up outside their offices.

Considering the company already earns 95 percent gross margin on broadband service before the latest round of price increases, one has to ask exactly when the company will be satisfied it is earning enough from broadband service. I fear the answer will be “never,” which is why it is imperative that robust competition exist in the broadband market to keep prices in check.

Unfortunately, as long as Wall Street and providers decide competition is too hard and too unprofitable, the price increases will continue.

Marcus

A three-year contract to serve as Time Warner Cable’s next CEO has earned Robert Marcus a $16 million windfall during his first year in the new job.

According to disclosures filed with the Securities and Exchange Commission, Marcus will get an annual salary of $1.5 million — a $500,000 pay bump from his old job as chief operating officer, a $5 million annual bonus, a $2 million award just to take and keep the CEO job, and up to $7.5 million a year in unspecified long-term incentives.

Marcus isn’t taking any chances.

His employment contract also includes provisions for continued compensation for up to two years should Time Warner Cable be sold to another entity — obvious financial planning for any potential takeover attempt by John Malone, Charter Communications, or any other entity.

Within the hour viewers in New York, Los Angeles, and Dallas will know whether Time Warner Cable and CBS have managed to reach an agreement on retransmission consent, agree to further extend talks, or choose to pull the plug on CBS affiliates in the three cities, and a handful of independent stations with it.

Negotiations are said to be tense and down to the wire, with a weekend extension expiring at 5pm ET this afternoon. Time Warner Cable customers nationwide could experience the loss of Showtime if Time Warner Cable decides to drop the pay movie channel as a negotiating tactic.

CBS’ Les Moonves confirmed this afternoon the two sides remained at odds over the exact amount the cable operator will pay per viewer for CBS-owned local stations in the three cities. If an agreement is not reached, Time Warner Cable is likely to drop the channels this afternoon.

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Bloomberg News reports late this afternoon the two sides have still not reached an agreement and unless another extension is approved, CBS will be off the cable dial in New York, Dallas, and Los Angeles. (5 minutes)

The cable operator upped the stakes late Friday reportedly threatening that if CBS does get removed, it will give up its coveted channel positions on Time Warner Cable indefinitely. In New York, WCBS occupies channel 2. In Los Angeles, KCBS is also on channel 2 and its sister station KCAL is on channel 9. In Dallas, KTVT is on Time Warner Cable channel 11. Low channel numbers have significant financial value to programmers, because it makes finding channels easier. Jeff Zucker from CNN has already expressed an interest is taking over channel 2 for CNN.

The dispute comes at the same time Time Warner Cable is notifying customers of rate increases on broadband and cable modem rentals. CBS is expected to recommend Time Warner customers switch to a competitor or watch shows online, presumably over TWC’s broadband service.

In Wisconsin, another retransmission consent fight with Journal Broadcast Group caused the cable company to drop those stations from its lineup. Among the stations affected in Wisconsin:  WTMJ-TV (Channel 4) in Milwaukee and WGBA-TV in Green Bay, which carry Packer pre-season games, and WACY-TV in Appleton, which carries Spanish language pre-season broadcasts.

Ellis

State Senate president Mike Ellis (R-Neenah) wrote a letter to the cable company insisting that it give rebates to customers affected by the blackout.

“It is clear your customers are no longer receiving the service they are paying for,” Ellis wrote in a letter to the company last Friday.

But Time Warner Cable made it clear subscribers are not entitled to refunds when stations disappear from its lineup:

Stations “are sold as a package of channels. We change our programming packages from time to time, including by adding new networks to the lineup. It is not our practice to issue credits for individual networks that are offered in a package.”

In New York, City Council Speaker Christine Quinn has asked CBS and Time Warner Cable to keep the stations up and running on cable until the negotiations are resolved. If they don’t Quinn has threatened to hold an oversight hearing on the matter, although her power to affect the two companies is very limited.

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NY1 reports on New York City mayoral candidate Christine Quinn’s request that CBS and Time Warner keep WCBS on the cable dial until the dispute can be resolved.  (1 minute)

Time Warner Cable is increasing the cost of renting your cable modem. In the third increase in ten months, using the company-provided cable modem will now cost subscribers $5.99 a month. But the costs don’t stop there. Last week, Time Warner announced it was raising the price of its broadband service an average of $3 a month. Taken together, the cost of standalone 15/1Mbps broadband with a leased modem will now cost $61 a month.

SB6141 is a DOCSIS 3 modem

Time Warner introduced its $3.95 monthly modem rental fee last fall. In June, the company announced it was raising the price of the modem rental to $4.99 a month for new customers,  and has now decided customers can afford to pay more — $6 a month for equipment that costs the cable company, on average, less than $50 per unit according to Wall Street analysts.

CEO Glenn Britt remarked earlier this year that customers accepted the modem rental fee with few complaints. Britt foreshadowed the modem rental fee increase saying the company had significant room to boost prices, noting Comcast charges $7 a month for its modem.

Customers can escape modem rental fees altogether by purchasing their own equipment. At Time Warner’s new prices, most customers will recoup the cost of the equipment within one year. Unfortunately, as news of the modem rental fee increase made its way to retailers and eBay resellers, prices have soared for equipment on Time Warner Cable’s approved modem list.

The popular Motorola SB6141, which sold for $78 two weeks ago, has now shot up to $99.99 in anticipation of a new wave of buyers. Prices on Newegg have also increased from $78 to $99.99 as of this morning. Best Buy has also boosted prices to $99.99. Amazon still lists this white version of the SB6141 this afternoon for $87, but is expected to quickly sell out.

Based on the last two waves of price increases, if thinking about buying your own modem the time to buy is right now because major retailers are likely to temporarily sell out and eBay resellers will begin a wave of price increases in response to demand.

Stop the Cap! top rates the Motorola SB6141 among the modems on the approved list. It is DOCSIS 3 capable, which means it will support faster Internet speeds. But also be aware that if you upgrade to a DOCSIS 3 modem, Time Warner’s Speedboost technology, which delivers a few seconds of additional speed at the start of a download, will no longer work. Speedboost is gradually being phased out by most cable operators so we still think buying a DOCSIS 3 modem makes the most sense over the long term.

In addition to an August broadband rate increase for western New York’s Time Warner Cable customers, those in Rochester will also be among the first to experience a new 30GB usage-capped billing option for broadband service.

The subject of usage-based billing is a major sore spot for customers in the Flower City, who joined forces with customers in Greensboro, N.C., and San Antonio and Austin, Tex. to force the cable company to shelve a mandatory usage billing scheme announced in 2009. Stop the Cap! was in the middle of that fight, although this group was founded after Frontier Communications proposed a 5GB usage cap the summer before.

Time Warner Cable CEO Glenn Britt personally promised Sen. Charles Schumer (D-N.Y) that the cable company would yank its planned experiment with usage caps and consumption-based billing after it became clear Rochester and other cities were being singled out where Verizon FiOS would never offer competition, making it seem Time Warner was taking advantage of a lack of broadband competition to charge dramatically higher prices.

In 2009, Time Warner Cable planned mandatory broadband usage pricing starting in Rochester, N.Y., Greensboro, N.C., and San Antonio and Austin, Tex.

But Britt has never stopped believing in usage pricing, and Time Warner has since switched to a more gradual introduction of the pricing scheme, this time offering discounts to customers that agree to limit their Internet usage.

Time Warner’s current usage billing plan offers a meager $5 discount to those who limit consumption to less than 5GB per month. That plan was originally introduced in Texas and Time Warner Cable employees confidentially tell Stop the Cap! it has attracted almost no interest from customers.

Now Time Warner Cable plans to introduce a second usage limited plan, with a yet to be disclosed discount for subscribers who keep Internet usage under 30GB a month.

“Those who use the Internet for e-mail or to surf the web need not pay the same rates as those who download games and the like,” said company spokesperson Joli Plucknette-Farmen.

As far as we can tell, the 30GB capped plan is new for Time Warner Cable and Rochester will be among the first communities to experience it. Unless the company chooses to more aggressively discount both the 5GB and 30GB plans, we expect few customers will take Time Warner Cable up on their offer.

For now, Time Warner says the usage capped plans are optional and that flat rate Internet service will continue. But company executives have not said for how long or what the company might choose to eventually charge for unlimited broadband usage.

Britt has stressed repeatedly he wants customers to get re-educated to accept “a usage component as part of broadband pricing.” But customers may not accept that, particularly considering the cable company already enjoys a 95% gross margin on flat rate broadband service.