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Time Warner Cable Contractor Fingered for Gas Explosion in Kansas City; 1 Dead

Phillip Dampier February 21, 2013 Consumer News, Video 1 Comment
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The remnants of JJ’s restaurant in Kansas City, Mo. after a gas explosion on Tuesday.

A contractor working for Time Warner Cable is alleged to have pierced a two-inch gas line in Kansas City, Mo., eventually causing a massive explosion that demolished a popular restaurant, leaving one worker dead and 15 injured.

Early Tuesday morning Heartland Midwest LLC, working on behalf of the cable operator, notified local authorities it intended to use a trenchless horizontal boring machine near JJ’s restaurant to install a fiber optic cable to reach a nearby office building.

Mark McDonald, president of North American Gas Workers Association told the Kansas City Star such installations can be dangerous because of nearby gas pipelines.

“You’re basically drilling blind,” McDonald told the newspaper. “You’re taking a lot of risk.”

Authorities now suspect that boring machine pierced the gas line and started a major leak.

There are conflicting reports about when the contractor notified emergency officials about the rupture. Some press accounts suggest it could have been one hour or more before 911 was notified.

Other reports criticize the local gas utility for not treating the gas leak as a more urgent threat.

Evacuations of nearby buildings, including JJ’s, did not begin until at least an hour after authorities were notified. Approximately one hour after that, JJ’s exploded leaving little more than a pile of rubble.

Megan Cramer, a 46-year-old server at JJ’s, was reportedly killed in the blast. More than a dozen others were injured.

At attorney for the contractor said the company was cooperating with local authorities in the investigation.

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/KCTV Kansas City TWC Contractor Responsible for KCMO Blast 2-20-13.mp4[/flv]

KCTV-TV in Kansas City reports they could find no evidence Heartland Midwest filed a permit request before starting work on behalf of Time Warner Cable.  (2 minutes)

Customers Abandoning Verizon’s Dead NYC Landlines, Internet 4 Months After Sandy

Phillip Dampier February 14, 2013 Audio, Competition, Consumer News, Public Policy & Gov't, Verizon, Video Comments Off on Customers Abandoning Verizon’s Dead NYC Landlines, Internet 4 Months After Sandy

sandyNearly four months after Hurricane Sandy struck Manhattan, many customers are still waiting to get their phone and Internet service restored.

Verizon’s black hole extends across parts of Lower Manhattan, such as along Avenue C, roughly from Third Street to Tenth Street. There, business transactions are often “cash-only,” because stores and bars have no ability to process credit card transactions. But getting cash can also be difficult as ATMs, which also rely on Verizon’s network, display the same “Offline” message they have shown for more than three months.

Some of Verizon’s customers are fed up, especially after the company started asking customers to pay for phone and broadband service they don’t have. Several customers report the company expects its monthly bills to be paid, with complicated service credits forthcoming after payments are applied. Customers who don’t pay have been assessed late fees or face collection activity for service that has not worked since Halloween.

WNYC Radio reports it has been nearly four months since Hurricane Sandy hit the northeastern U.S. and large sections of Lower Manhattan still don’t have phone or broadband service from Verizon. (February 13, 2012) (4 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Verizon does not seem to be in much of a hurry, a point of contention with the New York State Public Service Commission, which may be preparing to fine Verizon yet again for failing to meet service standards. The company has been on probation with the PSC for some time. Last summer, the regulator fined Verizon $100,000 for missing required service standards during the month of July, 2012. More than 1,100 of 5,400 reported outages were not repaired within the required 24 hours.

Verizon-logoThat was an improvement over how the company performed in October and December, 2011, where prolonged service outages provoked the PSC to eventually fine Verizon $400,000.

This time Verizon wants a free pass from more fines, claiming enormous restoration efforts necessitated by Sandy are responsible for any delayed response.

Assistant Attorney General Keith Gordon is not buying it. He called Verizon’s reports on outages “disingenuous at best,” and accused Verizon of manipulating data and delivering incomplete outage statistics.

Nobody outside of Verizon knows how many New Yorkers still lack phone or Internet service — the PSC is obligated to keep specific numbers private at the behest of the telecommunications companies themselves.

“Given the fact that the telecommunication industry is highly competitive, such information is considered confidential,” James Denn, a PSC spokesperson told WNYC Radio.

[flv width=”534″ height=”320″]http://www.phillipdampier.com/video/NY1 Lower Manhattan Resident Has Lost Phone Service For Months Following Sandy 1-15-13.mp4[/flv]

NY1 reports on Greenwich Village residents who are still without Verizon service months after Sandy. They claim Verizon broke multiple promises to get service restored.  (1 minute)

out of serviceThe Bloomberg Administration strongly disagrees with the PSC’s handling of outage information.

“This information should also be made publicly available to consumers so they may track the status repairs, obtain reasonable estimates as to when service might be restored, and compare performance across competing carriers,” said Rahul Merchant, chief information and innovation officer for New York City.

For customers who can’t manage their businesses without phone or Internet service, relief is coming from an increasingly aggressive Time Warner Cable.

Verizon’s largest rival has dispatched armies of salespeople onto the streets in Verizon-deprived areas. The cable company has begun to steal away a number of out-of-service Verizon customers.

That occasionally comes as a surprise to Verizon workers that show up to make repairs, only to be told “I quit you two weeks ago,” by annoyed business owners.

Verizon never got the message.

[flv width=”624″ height=”372″]http://www.phillipdampier.com/video/WNBC New York Sandy-Damaged High School Still Without Phone Service 3 Months After Storm 2-6-13.flv[/flv]

WNBC reports this New York City high school has been left without Verizon service for three months, forcing teachers and staff to use cell phones to communicate.  (2 minutes)

Time Warner Raising Rates in the Carolinas: $90.49 for Digital Cable, $167.89 Triple Play

Phillip Dampier February 14, 2013 Consumer News 2 Comments

timewarner twcTime Warner Cable customers in the Carolinas will soon pay $90.49 a month for digital cable television, including one set-top cable box. Customers who buy broadband, television, and phone service will see their monthly bill rise to $167.89.

The rate increases will not initially apply to customers on term contracts or promotional pricing until those terms expire. Others will begin to pay higher rates in March.

Almost 70 percent of Time Warner Cable’s eastern North Carolina subscribers have digital cable TV. The rate increase for television-only service amounts to an extra $5 a month or $60 a year. Triple play customers will also pay an extra $5 a month.

Time Warner’s last rate hike, not including the introduction of a $3.95/month cable modem rental fee last fall, was in late 2011.

Although Time Warner claimed increased programming costs were responsible for the bulk of the rate increases, the cable company keeps adding more channels. In 2012, Time Warner added NFL Network and NFL RedZone, both costly sports networks. In the last few months, Time Warner added an additional 30 channels to the cable lineup in the Carolinas, including a number of new HD channels and barely watched networks including Retirement Living Television and Magic Johnson’s Aspire TV.

A rate change notice mailed to customers in the Carolinas will include exact pricing changes applicable in different communities, but customers in Fayetteville and surrounding parts of the eastern Carolinas will see these changes starting in March:

  • carolinasBroadcast cable: From $16.19 to $17.99
  • Cable programming tier: From $53.30 to $54.50
  • Basic cable: From $69.49 to $72.49
  • Digital tier: From $10.68 to $9.01
  • Basic cable, when bundled with standard Internet and/or home phone unlimited nationwide: From $68.99 to $71.99
  • Digital cable includes basic cable, digital tier, digital equipment and Navigator interactive guide: From $85.49 to $90.49
  • Digital cable when bundled with standard Internet and/or home phone unlimited nationwide: $82.49 to $85.49
  • Basic cable, standard Internet and home phone unlimited nationwide: From $162.89 to $167.89
  • Cable card: From $2 to $2.50
  • Digital equipment primary outlet: From $6.82 to $8.99
  • Navigator interactive guide: Not applicable to $2.17

Customers affected should consider reviewing our tips on how to fight for a better deal from Time Warner.

Telecom Sock Puppets Attack Industry Critics: ‘Facts Don’t Matter, Only How You Interpret Them’

Supporting innovation from the right kind of companies.

The mouthpiece of Big Telecom.

The Information Technology and Innovation Foundation has looked and looked, and just does not see America’s broadband problems aptly described by industry critics including Susan Crawford, David Cay Johnston and Tim Wu. As far as the ITIF is concerned Americans have little to complain about with respect to broadband availability, speeds or pricing.

That finding is part of a new research paper, “The Whole Picture: Where America’s Broadband Networks Really Stand,” authored by Richard Bennett, Luke Stewart, and Robert Atkinson.

The report sniffs at critics complaining about uncompetitive, high-priced service, dismissing them as misguided “holders of a particular ideology or economic doctrine, which is Neo-Keynesian, populist economic thinking in this instance.”

Bennett, Stewart, and Atkinson, who have all penned pro-industry reports for years, prove another economic doctrine: the free market for industry bought-and-paid-for-“research” is alive and well.

The summary finding of the report:

Taking the whole picture into account, this report finds that the United States has made rapid progress in broadband deployment, performance, and price, as well as adoption when measured as computer-owning households who subscribe to broadband. Considering the high cost of operating and upgrading broadband networks in a largely suburban nation, the prices Americans pay for broadband services are reasonable and the performance of our networks is better than in all but a handful of nations that have densely populated urban areas and have used government subsidies to leap-frog several generations of technology ahead of where the market would go on its own in response to changing consumer demands.

Although the report is extensively footnoted to bestow credibility, once a reader begins to check out those footnotes, trouble looms:

  1. Some footnotes lead the reader to business or Wall Street media reports, which can favor an industry point of view or extensively quote from executives and insiders;
  2. Several certain critical assertions include footnotes that link only to the home page of the source, making it impossible to find the exact source material used;
  3. Many footnotes come from earlier articles, position papers, and statements from the authors or others affiliated with the ITIF — hardly independent sources of information.
Bought and paid for research.

Bought and paid for research.

ITIF’s report is riddled with customized benchmarks the ITIF appears to have invented itself. Ars Technica caught one in the executive summary and questioned the relevance of measuring broadband adoption among “computer-owning households” at a time when an increasing number of Americans use broadband for video streaming on televisions, use smartphones, or rely on tablets for access.

We also noted the authors making several assertions without facts in evidence to support them. Among them is the unsupported notion that “the high cost of operating and upgrading broadband networks in a largely suburban nation” makes today’s broadband pricing understandable and fair.

In fact, the most significant costs borne by cable operators came during the early years of their initial construction — one, even two decades before broadband over cable was envisioned. When cable Internet service was introduced, it was praised for its relatively inexpensive start-up costs and its ability to deliver ancillary, unregulated revenue for cable operators. Those cable networks over which broadband is delivered have been paid off for years.

The authors avoid the actual financial reports of the largest phone and cable companies in their study, because as public shareholder-owned companies, they are obligated to disclose reality. Those financial reports show a consistent drop in capital expenses and infrastructure investment and a major increase in revenue and profits from broadband service. Cable industry executives have repeatedly asserted the reason they raise broadband prices is not because the costs to run their networks are very high, but rather because “they can.”

From there, Bennett, Stewart, and Atkinson play endless rounds of Statistics Scrabble.

Claim: America enjoys robust competition for broadband.

ISP #1

Phone Company

Fact: The cable industry has declared itself the victor for delivering high-speed broadband in the United States. DSL has long since given up competing on speed, and even AT&T’s hybrid fiber-copper U-verse platform is rapidly losing ground in the broadband speed race. Wireless and satellite plans are almost all slower and routinely cap usage, often to levels of just a few gigabytes per month.

The cable industry also won the right to keep its network to itself, not allowing third-party wholesalers on-demand access to resell broadband over those networks. Phone companies have been able to charge discriminatory wholesale pricing to access their networks, and only for certain types of connections.

Abroad, most networks are open to third parties on non-discriminatory terms. In places like the United Kingdom, customers have their choice of ISPs available over a traditional BT DSL line. In Asia, public subsidies and incentives helped push providers to construct fiber to the premises networks, but those networks are open access, helping spur competition and lower prices.

Domestically Time Warner Cable permits competitors like Earthlink on its network on a voluntary basis, but unsurprisingly Earthlink charges the same or higher prices for service that Time Warner charges once a six month promotion ends. That represents “competition” in name-only.

Claim: Most speed-test-based research rankings on broadband speeds around the world are wrong.

ISP #2

Cable Company

Fact: ITIF at one point makes the unfounded assertion that since many people only test their broadband speed when something seems wrong with their connection, most speed-test-sourced “actual speed” data is not very useful because there often is something wrong with a broadband connection when testing it, resulting in flawed data. This ‘picked out of the sky’ claim is one of the primary arguments ITIF makes about why broadband rankings (produced by those other than themselves) are irrelevant.

ITIF’s press release about its report makes the completely unsubstantiated assertion that “the average network rate of all broadband connections in the United States was 29.6Mbps in the third quarter of 2012; in the same period, we ranked seventh in the world and sixth in the OECD in the percentage of users with performance faster than 10Mbps.”

DSL customers may find a statistic rating America’s broadband speeds as better than one might expect to be less than useful when it only counts broadband connections faster than the average DSL user can buy themselves.

This cherry-picking may help the ITIF’s arguments look more credible, but it does nothing to improve your broadband speeds at home or at work.

Claim: Broadband provider profits average less than 2% annually.

Fact: Another clever statistic (poorly sourced as ‘from the home page of Bloomberg.com’ — check back with us when you find the original article yourself) that fails to tell the whole story.

We aren't THAT profitable, really.

We aren’t THAT profitable, really.

First, ITIF defines net profits specifically as “simply the difference between revenue and expenses.” But that definition may not account for a range of corporate accounting activities which can diminish net profits but still let the company walk away with high fives from Wall Street. Share buybacks or dividend payouts, acquisitions, costs and expenses from other divisions not related to broadband, etc., can all affect the bottom line and mask the enormous earnings and profit potential of American broadband.

Take Time Warner Cable, which has a 95 percent gross margin selling broadband. Broadband service is just one of three primary services sold by the cable operator. Broadband does not suffer from landline losses in the phone business or from escalating TV programming expenses. Broadband is clearly the most profitable service in Time Warner’s product arsenal because it occupies only a small part of the company’s wired infrastructure. Supplying broadband service also costs Time Warner relatively little money as a percentage of their earnings and has helped offset revenue loss from the television side of the business. Bandwidth costs have also declined year after year. Infrastructure upgrades are more than covered by pricing that has begun to creep up over the last few years. In effect, broadband earnings are covering for other products that are not selling as well.

ITIF’s claim that supplying broadband is costly and that current rates are justified just isn’t true.

Claim: Europe is behind the United States in broadband.

Fact: The one legacy network that both Europeans and Americans share in common is the copper wire basic telephone service. From there, telecommunications service diverged.

North Americans embraced cable television while much of western Europe (especially the UK) preferred direct-to-home satellite service. That difference set the stage for some significant broadband disparity. Cable broadband technology has proved more robust and reliable than DSL service. Phone companies that rely on basic DSL are falling behind in broadband speeds. Investment to bring fiber online is the only way these phone companies can stay competitive with cable broadband. Some countries with particularly decrepit telephone networks, especially those left over from the Communist era in eastern Europe, are being scrapped in favor of fiber to the home service. Many western European countries are incrementally introducing fiber to the cabinet or neighborhood service, which leaves the last mile copper phone wire connection in place.

This is why speeds in many eastern European countries and the Baltic states with full fiber networks are so high. Advanced forms of DSL are more common further west, using technologies like VDSL2+. But DOCSIS 3 cable upgrades (and those to follow) continue to leapfrog over telephone company DSL advancements. Speed disparity is often the result of fewer cable systems in Europe as well as the amount of fiber optics replacing basic telephone service infrastructure.

Despite that, many Europeans pay less, particularly for faster service, than we do. Plus, fiber optic upgrades are within the foreseeable future in many European countries. In the United States, fiber deployments are now crawling or stalled in areas served by AT&T and Verizon. Neither company shows much interest in spending money on further wired upgrades and no competitive pressure is forcing them to, especially as both phone companies increasingly turn attention to their wireless divisions for most of their earnings.

The kind of research produced by the ITIF is tainted as long as they don’t reveal who is paying for these research reports. As Stop the Cap! readers have learned well, following corporate money usually helps expose the real agenda of these so-called “think tanks,” which are created to distort reality and quietly echo the agenda of their paymasters with a veneer of independence and credibility.

A Look Inside Time Warner Cable’s Quarterly Results and Forthcoming Plans

Phillip Dampier February 12, 2013 Broadband Speed, Data Caps, Online Video 12 Comments

timewarner twcIt’s time to take a look inside Time Warner Cable’s latest quarterly financial report and pick out some interesting developments that will impact customers during the first quarter of 2013.

Time Warner Cable managed 9 percent revenue growth in 2012, primarily from its broadband service, its strongest product. The company added another 500,000 broadband customers over the last year, primarily poached from telephone company DSL service. This growth in subscribers continues despite rate increases and the introduction of a $3.95 monthly modem rental fee introduced last fall.

CEO Glenn Britt noted that Time Warner Cable customers use and love their broadband service.

“The average customer used roughly 40% more capacity last year,” Britt noted.

But Time Warner Cable has plenty of capacity to handle that traffic growth.

Britt plans to leave as CEO of Time Warner Cable by the end of this year.

Britt plans to leave as CEO of Time Warner Cable by the end of this year.

Irene Esteves, Time Warner’s chief financial officer noted Time Warner Cable continues to decrease its capital spending. Overall, Time Warner spent $3.1 billion on capital expenditures in 2012, or just 14.5% of its revenue. That represents a 40-basis point decrease from 2011. The bulk of that spending was on business services, primarily from the costs of wiring business office parks and buildings for cable. Less than 12% of Time Warner Cable’s spending targeted residential services.

“Overall, we expect capital intensity will continue to decline modestly, with full year capital spending around $3.2 billion in 2013,” Esteves told investors.

Time Warner’s new modem fee is earning the company a major boost in Average Revenue Per User (ARPU). The average Time Warner customer now spends $103.79 a month for service, an increase of 6.3%. Three-quarters of that increase is attributable to the modem fee alone.

Customers are clamoring for higher broadband speeds. At the end of 2012, Turbo, Extreme and Ultimate subscribers comprised over 23% of the company’s residential broadband customer base, up from 19% a year ago and 11% three years ago.

Britt, expected to retire by the end of this year, noted the company’s biggest challenge during his tenure continues to be programming costs. But the company is contributing to that problem itself, spending $110 million in 2012 on its new regional sports networks in southern California, which feature the Los Angeles Lakers and the Los Angeles Dodgers.

“Our programming costs per subscriber has grown 32% in the last four years,” Britt complained. “Over that same period, the Consumer Price Index has risen by 9%. So the math is pretty simple, programming costs have been rising at more than three times the rate of inflation. Our residential video ARPU increased 16% over that same period, so we’ve effectively raised pricing a little faster than inflation but only half as fast as programming costs have risen.”

The rising price of cable service has caused Time Warner to lose a larger number of customers, particularly when promotional pricing deals expire. The company has retrained its retention agents to avoid losing customers to the competition as new customer promotions expire. Time Warner noted some of its strongest competition is coming from AT&T U-verse promotional pricing for double-play offers in Texas and the midwest. In Kansas City, Time Warner continues to dismiss competition from Google Fiber as largely irrelevant, although the company has boosted its maximum broadband speeds to 100Mbps in that city.

Time Warner's TV Everywhere app.

Time Warner’s TV Everywhere app.

Other highlights:

♦ TWC completed its DOCSIS 3.0 broadband enhancement rollout in 2012 and began a process of reclaiming bandwidth previously dedicated to the delivery of analog video. These steps will allow the company to continue to devote more network resources to enhancing broadband service, including handling more traffic and selling faster service.

♦ Optional usage-based tiers are available from most Time Warner Cable regions. The offer of a $5 monthly discount for customers keeping their usage under 5GB each month has received almost no interest from subscribers. Sources inside Time Warner tell Stop the Cap! the company never expected much customer interest, but the offer allowed Time Warner to introduce the concept of usage-based pricing without alienating current customers.

♦ Time Warner Cable’s “TV Everywhere” platform continues to expand. Various TWC TV apps now offer as many as 300 streamed video channels on both smartphones and streaming set-top boxes. In December the company expanded its offering to include video on demand, and last week those on-demand programs became available on the desktop. Time Warner expects to grow its on-demand library and introduce local television channels to its streaming apps in 2013.

♦ Time Warner is trying to improve the standing of its residential telephone service with the introduction of a Global Penny plan, which offers international calling to over 40 countries for one cent per minute. This helps the company market its phone service to subscribers choosing its various ethnic and foreign language television packages.

One-hour service windows are now available in most Time Warner Cable areas. In New York City, a 30-minute window is available for the first appointment of the day. The company is also expanding its self-install packages, letting customers do simple equipment installations themselves. The equipment is delivered free of charge by package delivery services and can be returned by mail as well.

♦ Although Time Warner is earning more from its broadband customers, the introduction of a modem rental fee did cause a significant number of customers to disconnect service, presumably in favor of a competitor. But the extra money in the cable company’s pockets more than makes up for the loss.

♦ Time Warner Cable’s forthcoming “hosted navigation product” represents a major change for the company’s set-top boxes. The “gateway” device will include 1TB of storage, can record up to six shows at once, and will automatically transcode video for an IP platform, letting customers view recorded and live programming on set-top boxes or wireless devices like smartphones and tablets inside the home. Expect to see the new device arrive in the second half of this year in many Time Warner cities.

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