Bill Shock

Time Warner Cable’s fastest broadband speeds come to those willing to pay a stiff installation fee — $67.98, covering a required in-home installation.

Stop the Cap! readers have been sharing their experiences calling Time Warner to set up installation appointments for the DOCSIS 3 cable modem swap required to obtain the cable company’s top broadband speeds — 30/5 and 50/5Mbps.

Although one reader was quoted $29.99, the majority are sharing their surprise at a stiff $68 fee just to install the faster Internet experience they crave.

“I’d rather just swing by one of their stores and pick up the modem and install it myself,” writes Jon from Perinton, N.Y.  “All they are going to do is check the line — something they can do remotely — and hand me a new modem, and charge me half of my normal month’s bill for the effort.”

But it could be worse.  One downstate customer shared his experience with an even higher install fee when DOCSIS 3 was introduced in metropolitan New York: $40.95 for the truck trip and a $50.00 wireless activation fee (the new modem was part of a wireless router) – take it or leave it.

Stop the Cap! called Time Warner Cable this morning and learned there is a way to a lower price – be a new Time Warner Cable customer.  Those just signing up for cable, telephone, and DOCSIS 3 broadband service pay just $29.99 for installation of all three services, and we talked them down to $19.99 — the price charged to transfer a phone number to Time Warner’s “digital phone” service.

But they won’t budge on the $67 fee just to upgrade their existing Internet customers.

If you are still paying regular Time Warner prices, perhaps now is the time to cancel service and then return as a “new customer” under a price promotion, also scoring a dramatically lower installation fee in the process.

Rep. Marilyn Avila (R-Time Warner Cable)

After passing through the Republican-dominated Finance Committee, Rep. Marilyn Avila’s (R-Time Warner Cable) cable company-written, anti-consumer legislation arrived in the North Carolina Senate this afternoon, where it was promptly, if temporarily, derailed over whether residents have the right to watch adult entertainment on community-owned broadband/cable networks.

That’s right… porn has thrown the state legislature into such silliness, the entire bill had to be pulled from consideration until Monday.

Here’s a quick rundown how things played out today:

♥ — H.129, Avila’s anti-broadband bill, has proved to be the first serious piece of legislation that has divided the normally lock-step Republican-controlled legislature this session.  That is entirely because YOU are putting the pressure on with your calls and e-mails to Senate members.  We have it on good authority the overwhelming amount of response to this bill from constituents has been downright hostile to the idea it should ever pass.  Consumers in North Carolina want more choices for broadband, not less.  They want increased competition, lower prices, and most importantly — better service (or at least s0me service from someone).  H.129 does none of those things.  It doesn’t deliver a single new broadband connection anywhere in the state.

♥ — Several amendments helpful to broadband development managed to win a place in the bill.  The communities of Wilson and Salisbury will get to expand their systems to cover larger areas, including the town of Faith Stop the Cap! covered earlier.  We also won a victory changing the terms of the “mandatory referendum” provision to strip away the loaded, misleading ballot question about whether cities should ‘take on more public debt’ to finance the construction of community broadband, replacing it with a fairer alternative — do you favor your community building its own broadband system. 

↓ — But we also lost a few battles. Yesterday, the industry covertly changed the definition of an unserved area from “an area where 50% don’t receive FCC basic broadband service” to a Census block, where 50% of the households don’t receive 768/200Kbps. That change annihilates the unserved area exemption. As confirmed by the highly credible e-NC authority, the industry provides its broadband data by Census block, not by household, and if a census block has just one home that receives Internet service, the entire census block is labelled as having Internet service.

Today, Senator Atwater (D-Chatham) tried to modify that definition with a much better measurement standard: “homes per square mile.”  The federal government has established that the least dense areas of the country are the most costly to serve, which explains why these areas traditionally lack broadband service or receive low speed DSL.  Atwater’s amendment targeted the 38% of the most rural areas in North Carolina to keep the door open for community broadband, but Senator Tom Apodaca (R-Hendersonville) would have none of it, despite the fact his district covers the rural expanse of the western mountains of North Carolina.  Stop the Cap! readers have shared stories with us about hanging out in parking lots using motel Wi-Fi to pay their bills online or complete homework.  In Apodaca’s world-view, that means those areas have broadband.

Now our readers will understand why we have stressed it is so important to have accurate, in-depth broadband map data.  Instead, industry-connected groups like Connected Nation conjure up maps created by unverified, provider-supplied data.  This map data is a critical part of H.129’s tragic terms and conditions.  If the maps say service exists, industry lobbyists use that to browbeat elected officials into believing there is no broadband problem, and there is no reason to allow communities to build their own broadband services.

Of course, the reality is very different.  We’ve received hundreds of messages from Americans who say these maps show broadband as being widely available in their communities, but in reality is not.  Some legislators in North Carolina have confronted this reality personally. For those that haven’t, it’s easy to accept provider arguments, cash those campaign contribution checks, and throw constituents under the bus.

We Saved the Most Ridiculous Part of Today’s Events for Last

Sen. Apodaca's obsession with adult entertainment derailed a scheduled vote on H.129 this afternoon.

When the city of Fayetteville wanted protection for their investment in fiber optics, at risk from H.129, the aforementioned Sen. Apodaca lost his mind.  Instead of protecting city funds already spent on next generation fiber, he substituted his own new amendment — to strip adult programming off community-owned broadband/cable systems instead.

You read that right. In case you didn’t, here it is again:

Sen. Apodaca would rather be the arbiter of what you can watch in the privacy of your own home than protecting community investments in broadband improvements.

So much for the “level playing field” title of Avila’s original bill.  Apodaca’s anti-porn crusade does not apply to Time Warner Cable or other private providers, so he has no problem at all if you want to pop some popcorn and settle down to some movies like “Suck It Sunrise,” “Boning Black Beauty 8” (to answer those lingering questions that went unanswered in part 7), or “Dripping Wet Lesbians,” all currently running on TWC’s adult channels.

No matter that Apodaca’s amendment is completely against federal law, which should signal how clueless some legislators are about these issues.  The Cable Act provides settled law on this subject.  Government cannot engage in cable content regulation — particularly the state and federal government.  The cable industry lobbied hard for that protection in the 1980s in part because of controversy over MTV and other “explicit” programming.  Only the local franchising authority can make decisions about the content they carry — and that means local communities get to make those decisions for themselves (47 USC 544(d)(1)).  That means Sen. Apodaca should worry about his own television viewing habits and stay out other peoples’ lives.

We’re helpers here at Stop the Cap!, so we’d point the senator to 47 USC 544(f)(1):

(f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities

(1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.

Those exceptions, by the way, have to do with changes in federal law, not the individual whims of one state senator.

Sen. Mansfield, who introduced the original amendment to protect Fayetteville, was naturally disturbed to find Apodaca’s non-germane substitute.  That promoted Apodaca to suggest Mansfield allowed his children to watch pornography, and from there the debate spiraled out of control.  After a brief recess, Apodaca returned to apologize to Mansfield, before killing the amendment to protect Fayetteville’s fiber investment for a second time.

Reviewing today’s events provides us with another edition of Legislators Out of Their League.  Apodaca’s naive amendment was not the only telling example (we know more about telecommunications law than he does.)  Yesterday in the Senate Finance Committee, Ms. Avila was utterly lost at sea as discussion ensued on amendments to the bill with her name on it.  Reduced to muttering at times, confused about the discussions dealing with the definition of underserved, her usual reaction was to oppose what she didn’t understand.  None of this is surprising considering the cable industry wrote the majority of her bill she introduced as her own.  She continues to protect their interests while ignoring yours.

This is why we continue to oppose H.129 and you should too.  We have until Monday to continue to drive the message home to state senators.  If you called or wrote before, it’s time to write and call again.  Tell your state senator H.129 is a bill written by and for the cable and phone companies.  It does not deliver any new broadband service to anyone, risks the investments communities across the state have already made, and allows a handful of big telecom companies to control North Carolina’s broadband destiny.  Considering the state achieves dead last ratings in broadband, that is the kind of control they should never be allowed to have.

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

Time Warner Cable's office on Mt. Hope Avenue in Rochester, N.Y.

More than two years after Time Warner Cable unveiled its DOCSIS 3 cable modem upgrade for New York City customers, Time Warner Cable has begun rolling out faster speeds in the metro Rochester area.  Rochester is the last upstate city to get DOCSIS 3, and Time Warner Cable has only soft-launched the upgrade in selected parts of the area — especially on the east side extending into Wayne County.

According to a Time Warner Cable representative we spoke with this afternoon, the service can now be ordered by customers in the following towns:

• Webster
• Perinton
• Sodus
• Macedon
• Medina
• Lima
• Covington

What do these communities all have in common?  They were all suffering from some congestion problems earlier this year.  Webster, in particular, was one of the worst-impacted areas.  Our readers reported dramatic speed reductions during peak usage times, often slowing to 1Mbps during the evening hours.  The most curious town on the list is Covington — a tiny community of 1,300 in extreme northeast Wyoming County.  Time Warner solved their congestion problems, and those experienced by other towns with DOCSIS 3 upgrades.

The representative we spoke with indicated a service call is required to activate either Road Runner Extreme (30/5Mbps) or Wideband (50/5Mbps).  A modem replacement is necessary.  Rochester area customers do not pay a modem rental fee, so the replacement comes free.  Signature Home customers in these areas should soon see 50/5Mbps speeds, if they have the company’s DOCSIS 3 modem.

Time Warner Cable will slowly expand the service to their other Rochester/Finger Lakes Region customers, with an estimated completion date of early summer.  The representative warned us not every Time Warner Cable representative may have the latest information allowing customers in these areas to order the service, so if you are told it is not available yet, and you live in one of these towns, you may want to try calling again.  Most of the Rochester area operators are briefed on the expanded service, but many in Buffalo are not, we were told, and there is no way to tell where your call will be answered.

Time Warner Cable has also unveiled some new price promotions for western New York.  Time Warner Cable’s website now sells its broadband-only service for a whopping $54.95 a month for Standard 10/1Mbps service.  Turbo runs an additional $10 a month (15/1Mbps service.)  That’s $15 more per month than just a few years ago when service could be had for $39.95 a month.  Broadband-0nly customers pay the highest prices because the company wants to drive its customers into multi-service bundled offerings.  The more services you take from Time Warner, the lower the price for each of them.

But for now, Road Runner Standard can be had by new customers for $33 a month for 12 months.  Turbo costs an extra $5 per month, making the out the door price for both around $38.  After the first year is up, prices go up.  Time Warner Cable in Rochester can be reached at (585) 756-5000.

Stop the Cap! has learned Rep. Marilyn Avila’s (R-Time Warner Cable) anti-consumer, anti-competition, anti-community broadband bill H.129 is on the move again.  Now it’s up for a final vote in the Senate Finance Committee early Wednesday afternoon.  This is our last chance to derail this nasty piece of legislation before it hits the Senate floor and community networks start considering pulling the plugs on their expansion efforts.

North Carolina is YOUR state.  The state legislature is not Time Warner Cable’s personal playground, where they can order up customized corporate protection bills to protect their monopoly profits and stick you with higher bills.  It’s time to let your state senator know H.129 is totally unacceptable.  North Carolina is suffering from America’s worst broadband, and nothing about H.129 will make it any better.  Instead, companies like Time Warner and CenturyLink will continue to charge more for less service than other states enjoy.

North Carolina needs all of the broadband it can get, and with the defeat of H.129, the towns and communities big providers have bypassed for years can finally address their own needs without enduring years of broken promises for broadband service that never seems to materialize.

Our allies at Free Press have made this as convenient as can be.  Check out their legislator look-up page, which will get you the contact information for your state senator.  Then make the call starting tonight (you can even leave a message on their voicemail):

“Hello, I am calling to ask Senator “x” to oppose H.129, Rep. Avila’s anti-broadband bill now before the state Senate.  H.129 is nothing short of a protection bill for Time Warner Cable’s fat profits and does not bring a single new broadband connection to our state.  If communities want to build better broadband for people like me, I say let them.

North Carolina has the worst broadband in the country and large parts of our state cannot get it even if they wanted it.  We have the power today to hold our local leaders responsible if they stray too far — it’s called an election.

We don’t need Ms. Avila and Time Warner Cable, an out of state corporation, telling us what kind of broadband service we can get.

I absolutely expect you to oppose H.129 and I am carefully watching who votes for and against this legislation as it will be a major determining factor how I vote in the next election.  Please feel free to contact me at (provide name, address, and phone number.)  Thank you for hearing me.”

We need your calls to make the difference!

HissyFitWatch: When contract negotiations with the local cable company get a little too heated for comfort.

The city of Troy, N.Y. has lived with an expired franchise agreement with local cable company Time Warner Cable for more than a decade.  After a shouting match erupted between a city councilman and a city economic development coordinator over its renewal, now we know why.

City officials managed to complete a tentative renewal with the cable company back in March, subject to city council review.  The agreement comes even as Verizon’s FiOS fiber to the home network threatens to provide the cable company with some competition in the region.

As part of the renewal, Time Warner has agreed to provide $80,000 to fund a Digital Technology Lab at the Arts Center of the Capital Region. It will also front $70,000 to help construct a studio for a new government channel that will deliver coverage of city council meetings, which could draw some high ratings if tensions always run this high.

Troy also gets the right to collect the maximum franchise fee allowed by law and receives a $200,000 settlement to cover alleged franchise violations that occurred under the old agreement.

One of Time Warner Cable’s biggest skeptics on the city council is Councilman Bill Dunne, (D-District 4).  He’s heard complaints about Time Warner’s prices and service from his constituents for some time, and told The Record he is “cautiously optimistic” about the potential deal, but stressed it will not be approved by the council until it is thoroughly reviewed.

Dunne suspects the cable company has made a fortune off Troy residents for years, and he wants to closely examine how well the cable company has done in upstate New York before handing them a lengthy contract extension.

Troy, New York

“I would like to see an independent auditor open up the books on Time Warner Cable … to see exactly where the money is going and how much money is being made [from Troy cable subscribers],” he told the Troy newspaper.

Some residents suspect whatever Time Warner Cable “gives” the city as a result of contract negotiations will be quickly made back in future rate increases.

“These negotiations are a sham because Time Warner Cable is negotiating with our money,” Troy resident Bill Thompson tells Stop the Cap! “If they give the city $500,000, they’ll just raise our rates to get that money back.”

Thompson says he applauds Dunne’s skepticism, and believes bringing in competition from Verizon is the only way to keep prices in check.

Christopher, during happier times.

Dunne’s ongoing concerns about Time Warner caused a fracas during last Thursday’s city council meeting, when Dunne won approval to take the Time Warner Cable franchise renewal off the table.  In its place, Dunne’s new substitute resolution forming a working group to study the proposed franchise renewal and more importantly, perform an audit of Time Warner Cable and their supporting documents.

That decision infuriated Economic Development Coordinator Vic Christopher, who had been working with Time Warner Cable and the mayor’s office to push for a speedy approval of what he felt was a well-reviewed franchise renewal agreement. When Christopher objected to the study group, and delaying the agreement in general, Councilman Ken Zalewski (D-District 6) suggested he and the mayor’s office were representing the cable company more than city residents.

That did it.

As the meeting ended, a shouting match ensued between an offended Christopher, Zalewski, and Dunne. Christopher called the city council “obstructionists” and then followed up on his Twitter account accusing the council of talking everything to death. Dunne suggested Christopher should run for office if he didn’t like the way the council represented the interests of Troy residents.

“Christopher’s petulance was an amazing spectacle to watch, especially considering nobody was directly attacking him,” Thompson says.  “He took it as a personal attack and responded in kind, and it only reinforced the notion the mayor’s office was in a hurry to get this agreement signed.”

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/The Record Spat in Troy Over TWC 4-22-11.mp4[/flv]

The hissyfit over a Time Warner Cable franchise agreement extension was caught on a cell phone camera, and the resulting video was promptly published online by The Record, Troy’s local newspaper. (1 minute)

TWC Franchise Agmt