As Cox Communications continues to expand its arbitrary data cap program on its broadband customers, the company has announced a ‘cap relief’ option for customers willing to pay $50 more for the same service they enjoyed last year without a data cap.

Company insiders tell DSL Reports Cox will introduce a new $50 option to avoid the data caps and overlimit fees the company began imposing in 2015 starting in its Cleveland, Ohio service area.

On Wednesday, Cox is expected to introduce two add-on options to help avoid the bill shock likely if customers exceed 1TB of usage per month and face the $10 overlimit fee for each 50GB of data consumed:

• $30 a month for 500GB of extra data;
• $50 a month to avoid data caps altogether and get back unlimited service.

Cox customers in Cleveland were unimpressed with Cox’s data caps when they were introduced in 2015.

These fees are in addition to whatever Cox customers currently pay for broadband service.

“An overwhelming majority of data is consumed by a very small percentage of internet users,” a memo to employees documenting the changes reads. “The new choices are great options for the small percentage of heavy users who routinely use 1TB+ per month and prefer a flat monthly rate, rather than purchasing additional data blocks. In Cox markets with usage-based billing, the less than two percent of customers who exceed the amount of data included in their plan still have the option of paying $10 for each additional 50GB of data when they need it.”

Such claims raise the same questions Stop the Cap! has always asked since we began fighting data caps in 2008:

If data caps only impact <2% of customers, why impose them at all?

Is the actual revenue earned from overlimit fees worth the expense of introducing usage measurement tools, billing system changes, and the cost of customer dissatisfaction at the prospect of an unexpectedly high bill?

What technical reasons did Cox choose 1TB as its arbitrary usage allowance other than the fact Comcast and other operators chose this level first?

Time Warner Cable executives privately admitted in internal company documents obtained by the New York Attorney General’s office that internet traffic costs represent little more than “a rounding error” in expenses for cable companies. But for most consumers, $30-50 to buy a bigger data allowance is hardly that.

In short, the “solution” Cox has decided on this week comes in response to a problem the company itself created — imposing arbitrary, unwanted data caps and overlimit fees on a product that is already intensely profitable at the prices Cox has charged for years. This internet overcharging scheme is just another way to gouge captive customers that will likely have only one alternative — the phone company and its various flavors of DSL or a U-verse product that cannot compete on speed unless you are lucky enough to live in a fiber-to-the-home service area.

Verizon has told the Federal Communications Commission it should reject a bid from a consumer group to release confidential corporate merger information to the public so it can learn what economic incentives, if any, exist to begin charging content providers extra fees for internet fast lanes and zero rating.

Incompas, which advocates for increased competition in the wireless industry, asked the Commission in July to publicly disclose details of recent telecom mergers obtained in confidence from the companies involved to “interested commenters” in the Net Neutrality proceeding allowing consumers can obtain valuable insight into the “economic incentives and abilities of incumbent broadband providers to curb competition, including through their control of residential broadband connections.”

The group specifically called out AT&T’s merger with DirecTV, Comcast’s failed merger with Time Warner Cable, and Charter’s merger with Time Warner Cable and Bright House Networks. All of the entities involved either operate wireless networks themselves or partner with a provider that does. Incompas believes a document release will show increased concentration and market power and the marked impact that can have on what consumers pay for service and how those companies plan to treat competing traffic.

The information disclosure sought by the group was vehemently opposed by Verizon, which doesn’t want its business secrets revealed to the public.

“There is no legal justification or sound policy basis to justify making this highly sensitive business information available in the Restoring Internet Freedom proceeding,” Verizon countered in its filing. The phone company does not want to publicly release details about its connection agreements with other companies or exactly how many customers it serves. “[N]othing has changed since the adoption of these protective orders that warrants the Commission weakening these protections by allowing this sensitive business information to be disclosed to potentially millions of ‘interested commenters’ in the Restoring Internet Freedom proceeding.”

While some Net Neutrality critics have sought to dismiss the more than 13 million comments received so far by the FCC on Net Neutrality as confused ranting, Verizon takes an opposite position saying the Commission is already bogged down with quality comments on Net Neutrality and does not need more, claiming it would only add to a flood of analysis on Net Neutrality. Verizon claimed among the submissions received by the FCC are “millions of comments, thousands of pages of expert testimony and declarations and hundreds of substantive analyses and submissions with detailed economic, legal and policy arguments.”

Charter Communications did not appreciate the proposal either, claiming it was unfair.

“Such an outcome would eviscerate the core protection of the commission’s protective orders, thereby unfairly punishing Charter’s past compliance and threatening the commission’s ability to obtain sensitive information from private parties in the future,” Charter officials wrote.

Patrick Drahi, Altice, and his friends at Goldman Sachs are depicted as working together to make Altice’s acquisition dreams come true.

Patrick Drahi rarely gives up on his dreams. His latest is to be America’s biggest cable magnate, and there are signs he is laying the groundwork to make that dream come true.

CNBC and some French media outlets report Drahi’s Altice NV and Altice USA are assembling their European and North American financiers, attorneys, and dealmakers to potentially make an offer to acquire Charter Communications. If successful, Altice would leapfrog to the largest cable operator in the United States after combining its Cablevision and Suddenlink systems with Charter’s own legacy systems and those it acquired from Time Warner Cable and Bright House Networks.

Any succcessful deal would likely require an offer of $500 a share for Charter stock, which would make the company worth about $200 billion. Because Altice is dwarfed by Charter, it is unlikely Drahi will be able to raise enough cash on his own to make a deal, and Altice is already mired in debt from its ongoing aggressive acquisitions. Drahi’s biggest competitor for Charter is expected to be Japan’s SoftBank, which has shown an interest in acquiring the cable operator to combine with its wireless carrier Sprint.

Altice isn’t likely to encounter the regulatory hurdles that have caused other colossal cable deals like Comcast’s attempt to buy Time Warner Cable to collapse over regulator opposition.  Drahi’s involvement in U.S. cable has been limited to acquisitions of two smaller players – Cablevision and Suddenlink.

Drahi’s strongest arguments to sell investors on the deal are likely to surround his well-known obsession with draconian cost-cutting at his acquired companies. Drahi would certainly offer investors billions in deal synergies and savings, accomplished through dramatic layoffs, scrutinizing costs right down to replacement coffee makers for the break room and copy paper for the office, and sweeping cutbacks on employee and vendor perks. Drahi has also taken a strong stand against Hollywood studios and cable programmers that seek double-digit rate increases for cable programming. In Europe, Drahi is known for terminating costly contracts with programmers and launching alternative channels Altice owns and operates to replace them.

Drahi is also likely to sell regulators on his current plans to transform cable in the United States away from coaxial cable and towards fiber optics straight through to the home. Drahi has already offered to wire all of France with fiber optics and is presently embarking on a fiber upgrade for his Cablevision systems in New Jersey, New York, and Connecticut. But Drahi’s ambitious fiber plans have been met with suspicion in France where some believe Drahi is all talk and no spending.

He has promised the Macron government he will spend $17.6 billion on building an Altice-owned fiber broadband network in France by 2025 without any taxpayer subsidies. While that sounds laudable, it would mean Altice’s SFR would pull out of the government’s national fiber strategy that depends on different telecom companies building out fiber in different regions of the country.

Drahi is threatening to become a spoiler because before he acquired SFR, the former management cut a deal with Orange – France’s largest telecom company, to jointly build a fiber network for 14 million French households in smaller towns and suburbs. Orange would build and own 80% of the territory, SFR 20%. But because SFR needs access to that fiber network for its own wired and wireless broadband and television services, it will have to pay rental fees to Orange to use the network in most of the territory. Drahi instead wants a 50-50 ownership split to cut costs and Orange has said no. Altice’s plans for its own alternative fiber network would allow it to bypass the Orange-owned network and deliver traffic over its own fiber system. That could mean parts of less-populated France will have two fiber networks to choose from instead of just one.

Drahi

It is an expensive gamble, but investors seem largely unfazed so far, perhaps suspecting Drahi has no intention of actually following through on spending billions on a potentially redundant fiber network in the suburbs and farm country, preferring to believe the threat of doing so will drive Orange back to the negotiating table.

Some American analysts are uncertain whether Drahi can pull off an acquisition deal that would combine Charter, a company many times larger than Altice, with Altice’s much smaller earlier cable acquisitions. Some also suspect he won’t find enough money to attract interest from Charter’s biggest shareholder — John Malone’s Liberty Media and Charter’s current CEO Thomas Rutledge.

But French media has little doubt Drahi can pull it off, especially when he is motivated.

“Patrick Drahi, founder of Altice, has set his limits: he has none,” notes Le Figaro, adding Drahi is a classic industry spoiler, completely happy to blow up cable’s comfortable status quo, even when at risk of attracting the wrath of his competitors.

CNBC reports Altice is preparing a serious offer to acquire Charter Communications. (5:54)

After losing another 90,000 residential cable television customers during the second quarter, Charter Communications is beefing up its customer promotions to win back customers and respond to competing offers.

Starting this month, Spectrum is pitching a double play bundle for new customers using its familiar formula of $29.99 for each service, only this time they actually came close to meaning it.

Customers who want a 60Mbps (100Mbps in some markets) broadband package with Spectrum Select TV package can now get each service for around $30 a month, but will still have to pay around $6 for a ‘required’ cable box and another $7.50 a month for Spectrum’s Broadcast TV surcharge. To sweeten the deal, Spectrum is including a free year of Showtime.

Prior to this promotion, Spectrum’s double play promotion charged $59.99 for the TV bundle and $29.99 for internet access, one penny more a month than its triple play bundle which also includes a phone line.

The newest double play promotion offers about $24 in savings a month over the old one, which usually included one set-top box for free.

The double play promotion, which omits a phone line, is likely to continue a decline of Charter’s residential home phone customers, many canceling landline service as their aggressively priced Time Warner Cable phone promotion expires. Charter’s broadband growth has slowed as well. The company added 231,000 customers during the quarter compared with 308,000 during the same quarter last year. Charter’s pricing and promotions proved not as attractive as some of their competitors.

Regular speed test results from a network of volunteers using FCC-supplied equipment are showing some problems with Charter Communications’ ability to meet its advertising claims for fast broadband speeds.

After Charter acquired Time Warner Cable in May 2016, it formally suspended Time Warner Cable’s Maxx upgrade program, designed to increase broadband speed and capacity across the cable company’s footprint. Charter committed to completing Maxx upgrades already underway at the time the merger was concluded, but future upgrade activity would have to wait for up to three years before being completed.

As a result, newly available speed test results are showing that in some areas where Charter delayed upgrades, some customers are seeing their speeds gradually drop as capacity no longer adequately meets demand.

One sign of trouble is when broadband speeds begin to slow or become unstable during peak usage times, typically in the evening hours. This is usually a sign customers have saturated the shared neighborhood connection serving their area. When customers head for bed, speeds usually return to normal. But customers are also complaining that in some instances they never get the speeds advertised by Charter’s Spectrum. Sometimes this is a result of a local line problem, but in some neighborhoods, a large number of customers sharing an inadequate or faulty connection can cause speed slowdowns that persist day and night.

A closer examination of daily speed test results over the last year show that while ordinary speed tests using Charter-hosted speed test servers or websites don’t always show a problem, independent tests of network traffic performance in areas bypassed for upgrades are showing signs of traffic jams.

During the last quarter of daily periodic testing, a customer that used to subscribe to Time Warner Cable’s 50/5Mbps service and routinely got those speeds no longer does after switching to Charter/Spectrum’s 60Mbps plan. Customers question where the bottleneck is, because when they test broadband speeds using the company’s own test tools, they usually find their broadband speeds are above what is advertised. But independent, regularly conducted speed tests by third-party organizations reveal problems. One customer noted for the month of July, he received a minimum of 27.3Mbps, a maximum of 70.1Mbps, but an average of only 47.6Mbps from Spectrum’s basic 60Mbps plan — less than what he was able to get from Time Warner Cable’s 50Mbps Ultimate Internet.

A review of traffic graphs show most of the problems are showing up in the evening starting by 5pm weekdays. Tests show uneven performance until around midnight.