Telling Time Warner customers to get rid of the cable company’s phone service.

Best Buy employees in upstate New York are advising Time Warner Cable customers to dump Time Warner phone service and buy their own cable modem to completely avoid any additional monthly fees.

“We don’t have modems that will support Time Warner’s voice services, so basically any customer that has that bundle either has to make the decision to get rid of that service or deal with paying for that service every month,” said Syracuse Best Buy employee Drew Cacciola.

Cacciola told a Syracuse television station Time Warner’s supplied equipment is “old and refurbished” and that if customers purchase their own equipment, they will have the latest technology and won’t have to worry about ending up with another refurbished cable modem if the current modem fails.

“If [a new modem] breaks down you can get a new one you don’t have to send it back to them and you won’t get another refurbished one – you get a new one,” said Cacciola.

In fact, Time Warner phone customers do not have to cancel their phone service to avoid the modem fee, but they will be stuck with two pieces of equipment — a Time Warner-supplied eMTA that manages the phone service (with its Internet ports disabled) and the customer’s own purchased cable modem. For now, Time Warner is not charging customers for eMTA equipment used exclusively for its phone service.

Best Buy does not carry some of the models on Time Warner’s approved modem list, and the cheapest one WSYR reporters could find cost around $60, meaning it will take just over a year to recoup the cost of the modem.

Motorola cable modem

Time Warner Cable’s modem fee continues to create consternation for customers, especially when they learn the same piece of equipment used for both Internet and phone service costs $3.95 a month when used for broadband, but is free when used only for phone service.

Stop the Cap! reader Ben argued with a Time Warner representative trying to understand the reasoning.

“So, let me get this straight about the modem fee: If I have phone there is no fee but if I use the same modem to also get Internet, there is a fee?,” Ben asked.

Yes, came the answer. The explanation:

“About the modem fee: Our costs for Internet equipment keep increasing and unfortunately we could not continue to absorb the costs related to their purchase, maintenance and repair,” wrote a Time Warner employee named ‘Paul-E.’ “Leasing a modem ensures you have the most up to date and capable equipment to take advantage of our services as we offer faster speeds and additional functionality. These events sometimes require that we replace your current equipment to give you the best experience.”

Time Warner’s explanation for the new modem fee sounds plausible, but unfortunately for “Paul-E” (and the company),  much of it is demonstrably false.

Investors Business Daily reports the new $3.95 computer modem leasing fee could raise up to $500 million a year for the cable company.

“I would look at this as a price increase,” Bryan Kraft, an analyst at Evercore Partners, told IBD via email. “There are some questions that need to be answered before the impact on ARPU (average monthly revenue per user) can be reasonably estimated.”

Stop the Cap! took a look at Time Warner Cable’s financial reports and discovered the company’s capital expenses for its high speed Internet service (and cable modem equipment) have dropped for the third year in a row:

Time Warner Cable’s capital expenditures on customer premise equipment, including cable modems, has dropped for three years in a row.

Capital spending (as a whole) so far this year has decreased as a percentage of revenue to just 12% for residential customers. Time Warner has spent money primarily on extending service to potential business customers.

The need to charge you more for a cable modem is questionable when residential Internet service rate increases and customers gravitating to more expensive, higher speed services already deliver the company higher average revenue per customer without spiking their costs.

When the station relayed complaints about long hold times and busy signals for customers trying to activate their purchased cable modem, the response from Time Warner — don’t call on Monday or Friday or around morning or dinner time unless you are prepared to wait on hold.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WSYR Syracuse Time Warner Cable modem charge 10-24-12.mp4[/flv]

WSYR in Syracuse covers the ongoing controversy with Time Warner Cable’s new modem fees, and a Best Buy employee tells Time Warner customers to get rid of the company’s phone service.  (3 minutes)

AT&T will begin sending out anti-piracy warning notices to subscribers caught downloading copyrighted content from torrent sites starting Nov. 28.

The new anti-piracy measures are part of a joint agreement between the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), and five major national ISPs to help curtail content theft.

TorrentFreak obtained internal AT&T training documents that outline how AT&T will deal with customers suspected of illicit downloading. After a series of warnings, AT&T intends to block access to websites suspected of copyright infringement until a customer successfully completes a course on online copyright law. Eventually, those caught repeatedly downloading pirated movies and music could face legal action after AT&T turns over the identities of suspect customers. Gone from early draft proposals are suggestions that ISPs will throttle or suspend service altogether for repeat violators.

Late reports indicate that other ISPs participating in the copyright enforcement action — Cablevision, Comcast, Time Warner Cable and Verizon — will also launch their own programs on the same date.

Most at risk are customers who frequent peer-to-peer file sharing sites. Tracking BitTorrent traffic is a priority for the newly-launched Center for Copyright Information (CCI) — a joint venture run by the ISPs in coordination with the MPAA and RIAA.

While not all peer-to-peer file traffic consists of illicit swapping of copyrighted works, some high profile torrent sites are among the first choices for consumers looking for free movies or music. CCI believes its Copyright Alert System (CAS) is primarily an educational tool for consumers who may not realize they are stealing copyrighted content. With its “six warnings” policy, CCI wants consumers to take action to protect themselves, their Internet accounts, and home networks well before any legal action is taken.

The latest implementation of the Copyright Alert System has watered down some of its earlier provisions, which could have put a customer’s Internet account at risk of being speed throttled or canceled. For now, consumers will receive six warnings about any suspected copyright infringement:

• The first three strikes carry no consequences and are intended to serve as informational warnings that the downloading of copyrighted content may be taking place;
• The fourth and fifth strikes will trigger forced browser redirects to a copyright education page and an online course on copyright law that must be successfully completed before the customer can once again visit suspect websites;
• Strike six means AT&T (and presumably other ISPs) will turn over the IP addresses of repeat offenders and comply with any subsequent court orders requesting the identity of the customer for possible legal action. AT&T does not say it will terminate the customer’s account, but does remind customers to be mindful of its Acceptable Use Policy, which does allow them to terminate service for illegal acts.

Edward Stroz

Consumers caught allegedly downloading copyrighted content can protest their innocence, but a $35 refundable filing fee is required to begin the arbitration process. If a consumer proves the files downloaded were not illegally obtained or that their account was flagged in error, they can have the warning canceled and get their filing fee refunded. But there are no penalties for CCI, its copyright tracking arm run by MarkMonitor, or the ISP if the copyright tracking system gets it wrong.

Critics of the copyright enforcement scheme claim it delivers too many benefits for CCI and its industry backers and insufficient protection for consumers misidentified during copyright infringement dragnets.

For-profit copyright tracking companies have made false allegations in the past, forcing CCI to hire an “independent and impartial technical expert” to verify the accuracy and security of the tracking technology used. CCI hired the firm of Stroz Friedberg as their expert.

Critics charge Stroz Friedberg is actually a recording industry lobbying firm, who worked with the RIAA for five years, earning $637,000.

Eric Friedberg

“It’s a disappointing choice, particularly in light of CCI’s professed desire to build public confidence in CAS and the fairness of its processes,” University of Idaho Law Professor Annemarie Bridy told TorrentFreak. “It would have been refreshing to see an academic computer scientist or some other truly independent party appointed to fill that important role.”

Bridy calls CCI’s Copyright Alert System lacking in transparency and stacked in favor of copyright holders, not consumers.

Stroz Friedberg’s appointment has also raised eyebrows among others that suggest their past lobbying violates the spirit of a Memorandum of Understanding signed by all parties requiring “independent and impartial” oversight.

“CCI’s choice of a former RIAA lobbying firm makes it clear that the copyright owner parties to the Memorandum of Understanding were more interested in appointing someone they trust than in appointing someone the public can trust,” Bridy adds.

Network World columnist Steven Vaughan-Nichols worries this is just the beginning of another copyright enforcement overreach:

The name of their game is to monitor your network traffic, with the help of your friendly ISP. Their justification for this is the usual made-up “facts” that content theft leads to “more than 373,000 jobs, $16 billion in lost wages, and $2.6 billion in lost taxes.” Yeah, I’m also sure someone downloading copyrighted porn leads to cats and dogs living together.

One reason I can’t buy into all this is that, as TorrentFreak points out, the Center’s expert who vouches that this all works is none other than Stroz Friedberg, a former RIAA lobbyist. Oh yeah, he doesn’t have bias for paranoid copyright protection companies.

What this means for you is that if your ISP is AT&T, Cablevision, Comcast, Time Warner, or Verizon, they’ll be watching your use of BitTorrent and letting CCI decide if you deserve some warnings, an end to your Internet service, or a full-out lawsuit.

[…] The RIAA, the MPAA, and other copyright “protectors” have never done anything for content creators. They’re all about protecting the businesses stuck with old, broken, pre-digital business models. Even that wouldn’t be so bad, except historically they’ve always vastly over-reacted.

We all know the stories of some poor slob who’s been slammed with tens of thousands of damages for downloading a song. What you may not know is that all the powers that be have to do is to claim something is copyrighted, whether it is or not, and multiple websites can be closed in minutes or your entire digital library can be destroyed.

Does that sound like paranoid fantasy? I wish.

[…] Oh yeah, I feel really sure that the CCI and friends are going to do a good job. Welcome to the new copyright world, same as the old, where you’re always considered guilty rather than that quaint idea of being considered innocent before proven otherwise.

CCI admits sophisticated pirates will probably never get caught by its Copyright Alert System, because most of them are moving to secured Virtual Private Network (VPN) technology that effectively masks their identities. TorrentFreak notes sales for VPN’s are skyrocketing, many headquartered far away from the reach of the United States in exotic, subpoena-proof locations like Cyprus, the Seychelles, Romania, and Ukraine.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/RT Thom Hartmann Copyright Alert System 3-20-12.flv[/flv]

RT’s Thom Hartmann presided over a debate about online copyright theft control measures proposed earlier this year by the entertainment industry and Internet Service Providers. Appearing with Hartmann are David Seltzer, Attorney & Mark Bledsoe. (March 20, 2012) (12 minutes)

Despite a pledge to run this year’s Democratic National Convention in Charlotte, N.C., without a penny of corporate money, a new filing with the Federal Election Commission reveals Democrats raised millions from AT&T, Time Warner Cable, and several big banks and energy companies.

Convention officials originally promised the convention would be self-sustained without corporate money, but that promise was long gone with last week’s quiet report to the FEC. Millions arrived courtesy of a convention civic committee that openly welcomed corporate cash.

The Los Angeles Times reports New American City, which paid for hospitality and administrative costs, raised $19 million — nearly all from corporations.

Digging deeper into the FEC filings, Stop the Cap! reveals where some of the Democrat’s money came from and where some of it went:

• AT&T spent $175,475 on “delegate bags” decked out with AT&T’s logo and $123,087 on “catering for suites.” That was in addition to a straight $1 million cash contribution;
• Time Warner Cable handed over $600,000 . The cable company was also the premier sponsor of the host committee’s media welcome party;
• CenturyLink handed over $10,500 to the DNC via New American City;
• Google Foundation contributed $100,000;
• National Cable Satellite Corporation (parent company of cable-industry financed C-SPAN): $2,500
• Turner Broadcasting System (now owned by Time Warner (Entertainment)): $25,000
• Verizon Wireless handed over $50,000

While accepting the contributions violates the Democrats’ commitment not to accept corporate money, election observers concerned with the pervasive influence of corporate cash are not giving Republicans a free pass. With no restrictions on fundraising, the GOP raised nearly $56 million from AT&T and other telecommunications entities, big oil and gas companies, hedge fund managers, big banks, and wealthy individuals.

Time Warner Cable has changed account numbers for a number of their customers in upstate New York, creating a problem for those who failed to update their electronic bill payment service with the new number. Many of those accounts are now past due and Time Warner Cable is having trouble tracking the payments sent on behalf of the old account number.

The new account numbers are now in place for New York customers in Albany, Rochester, Syracuse, Watertown, and other nearby communities. Customers in Portland, Maine are scheduled to be assigned new account numbers the first week of November.

Time Warner Cable attached this notification letter to bills mailed in August and September to customers in Rochester, N.Y., and other upstate cities.

Stop the Cap! reader Charles dropped us a note noting his account went past due because his payment, sent by his bank under the old account number, has been cashed but never credited to his account. Time Warner Cable  customer service agents can no longer access his old account to see if the payment was misapplied, and won’t take his word for it.

Oops: A bill covering Sep. 28-Oct. 27 still reflects the old Time Warner Cable account number.

“I have to fax in something that shows the bank paid the bill,” Charles reports. “I’m surprised there was not some connection between the old account numbers and the new ones. The system could have at least made the connection, credited the new account number and automatically notified me (email would be easy) that the account number had changed.”

Area banks across western and central New York report there have been a significant increase in complaint calls over Time Warner’s demands for evidence of payment.  Typically, companies like banks and insurance companies changing account numbers will transfer payments sent under old account numbers and automatically apply them to the proper account. That is not happening with the cable company.

More irritating for customers is that Time Warner Cable did indeed notify customers in early September that their account number was going to change, but never bothered to share the new account number at that time so customers could take action with their financial institution. When billing statements dated for service as late as September 28 were mailed, they still reflected the old account number.

Customers who use the cable company’s own recurring auto-pay service were not affected.

You can now find your new account number under Time Warner Cable’s MyServices section, under the PayXpress Billing Center heading.

Customers with missing payments should call their local Time Warner Cable customer service center to begin an investigation and avoid any late fees.

[flv width=”480″ height=”288″]http://www.phillipdampier.com/video/WGRZ Buffalo Time Warner To Add New Fee For Internet Users 10-16-12.flv[/flv]

Time Warner Cable continues tapdancing around whether its new $3.95 monthly modem rental fee is a hidden rate increase. WGRZ in Buffalo presses a spokeswoman on whether this is just another cable company money grab.   (2 minutes)