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BREAKING: Justice Dept. Will File a Lawsuit to Block AT&T/Time Warner Merger

Phillip Dampier November 20, 2017 AT&T, Competition, Consumer News, Public Policy & Gov't Comments Off on BREAKING: Justice Dept. Will File a Lawsuit to Block AT&T/Time Warner Merger

WASHINGTON (Reuters) – The U.S. Department of Justice will file a lawsuit aimed at blocking AT&T Inc’s $85.4 billion acquisition of Time Warner Inc, a source familiar with the matter told Reuters on Monday.

AT&T, the No. 2 U.S. wireless carrier, struck a deal in October 2016 to buy Time Warner, which owns the premium channel HBO, movie studio Warner Bros and news channel CNN, in order to compete by bundling mobile service with video entertainment.

Shares of Time Warner fell to trade about 1 percent lower on Monday on the back of reports that the U.S. government is set to make an antitrust announcement.

The media company’s stock was trading near the flatline before the news hit. AT&T shares, meanwhile, jumped about 1 percent. Bloomberg first reported the news.

Charter Signs Agreement With Viacom Restoring Its Cable Networks to Spectrum Select

Phillip Dampier November 15, 2017 Charter Spectrum, Consumer News, Online Video 2 Comments

Viacom and Charter Communications today announced a multi-year renewal of a carriage agreement that will bring back Viacom’s cable networks to almost all Spectrum cable television customers.

As part of the agreement, Charter has agreed to return Nickelodeon, BET, MTV, Comedy Central, Spike (Paramount Network), VH1, TV Land and CMT to Spectrum Select, Charter’s entry-level cable television tier. In 2016, Charter began moving Viacom’s cable networks to its most expensive tiers, Spectrum Silver or Gold, to protest Viacom’s high carriage prices. Most existing customers never realized the networks were moved because the company grandfathered current customers to keep the channels from disappearing. But as Bright House Networks and Time Warner Cable customers migrated to Spectrum packages, many were annoyed to learn Viacom’s networks were missing from the lineup of Spectrum’s most popular cable television tier. Customers had to pay at least $11 a month extra to get many of those networks back.

Charter indicated its agreement allows Spectrum to keep other Viacom-owned networks not mentioned above on its Silver or Gold tiers. The agreement also grants Charter customers access to Viacom networks’ on-demand programming through set-top boxes or mobile apps.

Viacom and Charter have also entered into a partnership for co-production of new original content that will exclusively premiere for subscribers on Charter’s platform in the U.S. Under the agreement, Viacom’s Paramount Television and Charter will jointly produce programming. Viacom will distribute the co-produced programming internationally, as well as in additional domestic markets, including potentially on Viacom Networks, after Charter’s premiere period.

Viacom has also agreed to collaborate on Charter’s forthcoming effort to crackdown on unauthorized password sharing, allowing non-cable subscribers access to programming using a friend or family member’s Spectrum account details.

AT&T – Time Warner Merger Sails Into Rough Waters Over CNN

Phillip Dampier November 9, 2017 AT&T, Competition, Consumer News, Online Video, Public Policy & Gov't, Reuters Comments Off on AT&T – Time Warner Merger Sails Into Rough Waters Over CNN

WASHINGTON (Reuters) – U.S. antitrust regulators believe that AT&T Inc’s proposed acquisition of Time Warner Inc would raise costs for rival entertainment distributors and stifle innovation, a Department of Justice official told Reuters on Thursday.

Allaying those concerns is the rationale for the Justice Department’s demand that AT&T sell assets in order for the deal to be approved, said the official, speaking on condition of anonymity.

The Justice Department wants AT&T to sell its DirecTV unit or sell Time Warner’s Turner Broadcasting unit, which includes news company CNN, sources told Reuters on Wednesday.

AT&T has signaled it would not agree to sell DirecTV, which it acquired for $49 billion in 2015, leaving CNN and other cable TV assets as the main sticking point in negotiations between the Justice Department and AT&T.

The antitrust regulator is worried the combined company could make it harder for rivals to deliver content to consumers using new technologies, the official said. AT&T has said it wants to disrupt “entrenched pay TV models.”

The Justice Department’s desire for asset sales has raised concerns about political influence on the $85.4 billion deal, given U.S. President Donald Trump’s frequent criticism of CNN. As a candidate, Trump vowed to block the deal shortly after it was announced in October 2016, but has not addressed the issue publicly as president.

The head of the Justice Department’s antitrust division, Makan Delrahim, said in a statement late on Thursday that he has “never been instructed by the White House” on the AT&T deal.

Raj Shah, a White House spokesman, said in a separate statement that Trump “did not speak with the Attorney General about this matter, and no White House official was authorized speak with the Department of Justice on this matter.”

AT&T chief executive Randall Stephenson defended the merger at a New York City media conference on Thursday, and said he did not want to sell CNN.

The company has opposed divesting assets and has told the government it is willing to fight in court to win approval, sources said on Wednesday.

The deal is opposed by an array of rivals and consumer groups worried that it would give the combined company too much power. Opponents are pushing for conditions that would limit AT&T’s ability to charge media rivals higher prices to carry Time Warner content.

Shares of Time Warner were down slightly in afternoon trading at $88.35. AT&T shares rose 2 percent to $34.09.

N.Y. Settles With Charter Communications; Rural Expansion Website Now Available

New York residents can click the image above and input their address and see if Charter’s expanded service area will include their home or business.

The New York State Public Service Commission (PSC) today announced approval of a $13 million settlement agreement with Charter Communications after the cable company failed to build-out its cable network as required in last year’s approval of Charter’s acquisition of Time Warner Cable. The $13 million settlement is the largest cable company financial settlement of its kind in state history and possibly the largest in the nation’s.

“In its approval of the merger, the Commission required Charter to undertake several types of investments and other activities,” said Commission Chair John B. Rhodes. “While Charter is delivering on many of them, it failed to expand the reach of its network to un-served and under-served customers at the pace it committed. We are taking these additional steps to ensure full and complete compliance.”

Charter Communications was required, as a condition of approval of its merger with Time Warner Cable, to expand its broadband service to 145,000 unserved/underserved homes and businesses in New York over the next four years. Rural broadband expansion was one of the conditions Stop the Cap! recommended to the New York regulator in our testimony regarding the merger proposal.

In the first year, Charter failed to meet its buildout requirements, only reaching 15,164 locations — less than half of the 36,250 it agreed to serve by May, 2017. The cable company first tried to blame utility companies for dragging their feet allowing Charter to place its cables on their utility poles, an argument that failed to impress the PSC. Even if utility companies instantly cleared the way for Charter, the cable company admitted it would not be ready to proceed because of necessary preparatory work needed to begin the buildout.

As a result, Charter has been forced to place $13 million in an escrow-type account that New York can tap into in amounts of up to $1 million increments to penalize the company for further delays. Charter can win back all $13 million if it stops missing its six-month buildout targets. Each time it does miss a deadline, the State reserves the right to withdraw funds in amounts that will vary based on the seriousness of the violation. Some forfeited funds will be used to acquire computers and internet training for low-income New Yorkers. The rest will be channeled into New York’s general fund.

Charter’s new targets require the company to expand its cable service in increments of 21,646 homes over six periods through May 18, 2020.

Many rural New Yorkers with no access to broadband service have complained Charter has not been forthcoming about whether the broadband expansion will reach their individual home or business, so the cable company has also agreed to launch a new website where New Yorkers can input their home or business address to learn if they are included in the broadband expansion. Charter warns that inclusion on the build-list database is not a guarantee that a home or area will be actually be reached.

“Build plans, timelines, and all other information provided are subject to change and areas designated for build may not be built,” the website states.

Charter is also required to deliver broadband speeds up to 100Mbps statewide by the end of 2018 — something the company has already accomplished in almost every part of the state where it provides service. The company is not subject to broadband rate regulation, and Charter charges a $199 setup fee for customers who seek to upgrade to speeds in excess of 60Mbps (except in former Time Warner Cable Maxx service areas, where 100Mbps is already the standard broadband speed). Charter must also make 300Mbps available to all New York residents by the end of 2019, something the company will likely achieve in most parts of the state sometime late next year.

Charter Communications is by far the largest cable company serving New York State. The company provides cable television, internet and telephone service in the major metropolitan areas of Buffalo, Rochester, Syracuse, Albany and the boroughs of Manhattan, Staten Island, Queens and parts of Brooklyn. Cablevision, now owned by Altice, covers the other boroughs and Long Island, as well as part of the Hudson Valley and Westchester County.

Lexington, Ky. Residents Vent Frustration With Charter Spectrum

Nearly 200 people turned out for a packed public meeting in Lexington, Ky. to complain about Charter Communications and its Spectrum cable television service.

“Welcome, Spectrum, to the lion’s den,” said Mayor Jim Gray, introducing company representatives. The complaints began right away.

“The biggest slap in the face is that no matter what we pay,” one woman said, “no matter what we set up for autopay, every single month – no purchases, no changes on our end, our bill is never consistent and always growing.”

Prices and poor customer service were the top complaints at a meeting that filled a large room at a local senior center, organized by Lexington city officials.

The problems began after Charter Communications bought Time Warner Cable. As customers’ Time Warner Cable promotions expired, prices skyrocketed. Charter representatives are trained to convert customers to Spectrum-branded packages, which many customers argue costs more.

“There’s always going to be some pains when you change from one company to the next,” Mike Pedelty, a Charter spokesperson, told WKYT’s Garrett Wymer. “There’s different ways Time Warner Cable did things than the way Charter does things. We understand that, we appreciate that. We try to do our best to communicate to our customers, we try to make sure that we let them know their options.”

Customers do not necessarily like those options.

“Spectrum has increased my bill twice while I’m still on the package,” complained customer Loney Burns. When she tried to cut back on her package to save money, Burns was told, “if you want to take them off, we will increase your bill.”

City employee Roger Damon pointed out that most Time Warner Cable customers avoided paying the regular prices Charter uses as a benchmark to claim Spectrum’s packages and pricing costs less. By negotiating with Time Warner Cable, customers could easily obtain a new promotional offer when an old one ran out. After Charter took over, the company stopped giving back-to-back promotions. As a result, a growing number of customers are forced into regular priced Spectrum packages, exactly as Charter CEO Thomas Rutledge intended.

“It’s not a very competitive business, and that’s one of the reasons that we have these challenges with customer service today,” Gray told the crowd. “We have had very, very poor technical service, very poor customer service and price increases with no notice. No one should have to scrub their monthly bills for hidden fees.”

The city’s only recourse is to fine Charter or revoke its franchise. But with the cable industry being largely deregulated, local officials have little bite to deliver after a bark. Fines can be appealed in court and there are no significant examples in recent history where a community revoked a cable franchise and found another company willing to enter another operator’s traditional service area.

WKYT-TV in Lexington covered last week’s public meeting on Charter Communications’ service in Kentucky. (1:21)

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