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Public Service Commission to N.Y. Towns: You Have No Negotiating Leverage Over Time Warner Cable

rensselaer countyRensselaer County is just a short drive to the east of New York’s capital city Albany, but for residents in the southern half of the county, it might as be in the middle of nowhere.

Welcome to the world of broadband have’s and have-nots. If you live in the county seat — Troy, Internet access is widely available. But if you live in a community like Nassau, in the southern part of the county, getting Internet access is strictly a hit or miss affair, and in practical terms, the only entity that will decide if you have reasonable access to broadband is Time Warner Cable.

Verizon has decided that the days of expanding DSL in rural areas are over. There is no possibility those without access to DSL now will ever see Verizon’s fiber network FiOS coming their way either. That has left many residents with an unfortunate choice between heavily usage-capped and slow satellite Internet access or heavily usage-capped and expensive wireless Internet from a cell phone company.

Nassau does have a franchise agreement with Time Warner Cable, the only cable operator willing to offer service in this part of upstate New York. The contract specifies Time Warner will bring service to any neighborhood where there are at least 20 residences within a one-mile radius.

The Record News covered negotiations for a franchise renewal for the cable company last year, and found Time Warner Cable held all the cards and the town had almost no leverage in the negotiations:

A rare sight in southern Renssalear County.

A rare sight in southern Rensselaer County.

“We really have no negotiating leverage or power and the Public Service Commission (PSC) was helpful in looking at the contract, but told us we were basically out of luck with any efforts to require anything,” said town Supervisor David Fleming, who said he was told by Time Warner Cable that specific areas in Nassau are “not currently serviceable.”

The town had marked out all the areas that were not served and met with Time Warner to try to gain extensions of service.

“This only succeeded in a couple of areas,” he said. “This is because PSC told us we have no bargaining power. The only big concession we were able to get was to reduce the number of houses per mile needed for service, but this was a pretty standard fall back for Time Warner.”

The town succeeded in negotiating standards down to 20 dwellings per cable mile from 30. “We continue to explore this matter, but frankly, there has been a great deal of unwillingness to expand service in our community,” Fleming said. “The state has been of no help in expanding services.”

As a result, Time Warner has been generally adamant about not expanding service to residents like Alan Austin, who lives on a street where 11 houses are built within a half-mile, technically the same ratio required by Time Warner Cable.

Rensselaer sign“We’ve asked them to bring the service and they won’t,” Austin told the newspaper.

Actually, Time Warner is willing to expand into Austin’s neighborhood — for the right price.

Time Warner agreed it would install cable service if the 11 homes collectively paid a $12,000 installation fee.

“We’re out of luck because we’re never going to get another nine houses in this mile,” Austin said. “We can’t get anybody to bring service here, unless we’re willing to pay an exorbitant amount.”

As for alternatives, don’t call Verizon, they’ll call you. The phone company has suggested rural residents consider their wireless broadband and phone service, assuming a cell tower can reach them with a reasonable signal. But the cost is very high — at least $50 for only 4GB of usage per month and another $20 for telephone service.

Austin is lucky enough to receive some reception from Sprint, which is slightly more reasonably priced. But to get a reliable signal, he has to place his mobile Wi-Fi hotspot in his non-climate-controlled attic. When temperatures fall or soar, the hotspot stops working. Austin has rigged a remote-powered fan in the attic to blow cool air on the hotspot this summer to keep it up and running.

“It’s ridiculous,” he admitted. “People don’t believe me when I tell them these things, but that’s what we deal with.”

The newspaper also pondered the impact of being an Internet have-not with respect to education. In more than a few communities in the county, teachers avoid giving assignments that require students to do research over the Internet, putting them at a potentially serious disadvantage when they attend college.

Businesses also avoid areas where broadband poses a significant challenge, which affects jobs. Selling a home in a broadband blackout zone can also be difficult as savvy buyers increasingly now insist on Internet accessibility.

Without the benefit of bundling discounts, rural Americans pay substantially higher prices for telecommunications services. A promotional bundle from Time Warner Cable can provide phone, Internet, and television service for less than $100 a month. Austin says his package costs more than twice that — more than $220 monthly between paying bills for Verizon phone service, DirectTV television and Sprint for broadband Internet.

These kinds of challenges are ready-made to be addressed on the local government level, but cable and phone companies lobbied successfully for near-total deregulation, making it impossible for town officials to provoke change. In fact, had the community successfully revoked Time Warner Cable’s franchise, no other commercial provider would be willing to step in. That remains common in every community considering its future relationship with the area’s cable company. An informal understanding between cable operators keep them from competing outside of their defined territories.

That leaves Nassau officials with no options, except whether to renew Time Warner’s franchise on the company’s terms for five or ten years. Time Warner wouldn’t hear of a five-year contract so the town capitulated and agreed to a 10-year franchise renewal that will continue to leave residents like Austin without much hope for cable broadband service indefinitely.

Time Warner Cable Customers in Queens Enjoying Free Maxx Broadband Speed Upgrades: 300/20Mbps

Phillip Dampier May 8, 2014 Broadband Speed, Consumer News, Video Comments Off on Time Warner Cable Customers in Queens Enjoying Free Maxx Broadband Speed Upgrades: 300/20Mbps

8681_262Time Warner Cable’s major broadband speed upgrade is alive in the Astoria, Woodside and Long Island City neighborhoods of Queens, N.Y.

The Time Warner Cable Maxx upgrade is Time Warner Cable’s effort to catch up to other cable operators that have significantly upgraded broadband speeds for customers over the last 18 months. Time Warner Cable has traditionally been one of the slowest major cable broadband providers in the country, with most customers only able to buy speeds up to 50/5Mbps. But Time Warner Cable has also committed to keeping unlimited use service available to customers, unlike Comcast, Charter, Cox, Suddenlink, and Mediacom.

The free speed upgrades are the largest ever for Time Warner Cable, typically more than tripling speeds for most customers.

Stop the Cap! has heard from readers in Queens who discovered the upgrades took effect this week, so we have been able to take a closer look at what customers can expect as Time Warner rolls out upgrades across New York City and Los Angeles and finally extending faster speeds over the next two years in other cities.

new speed

(Image: ematrix)

Arris Touchstone Telephony Gateway TG1672g

Arris Touchstone Telephony Gateway TG1672g

The first notification your area is about to receive an upgrade will come in a letter from Time Warner Cable.

Customers subscribing to the fastest speed tiers may need new equipment. Time Warner Cable is using 8-channel bonding in Queens for its 100 and 200Mbps tiers and 16-channel bonding for its 300Mbps tier. Some older and low-end DOCSIS 3 modems only support four channel bonding. For instance, a customer using a four-channel capable Motorola 6121 modem in Queens with Time Warner’s 30/5Mbps Extreme tier will only get speeds up to 50/5Mbps after the upgrade. If the customer owned a Motorola 6141, which supports eight channel bonding, they will get the full advantage of the upgrade: 200/20Mbps. But even the 6141 isn’t enough for Time Warner’s top tier: 300/20Mbps. Customers would need an upgrade to a 16-channel capable modem.

Time Warner’s notification letter says customers can swap out a company-owned cable modem for a 16-channel capable model, currently the Arris TG1672g, either by mail, through an area Time Warner Cable store, or with a service call. The usual modem rental fees still apply.

The TG1672g (download user manual) is a fully capable broadband and Wi-Fi home gateway that also supports Time Warner’s phone service:

  • 16×4 Channel Bonding
  • Full Capture Bandwidth Tuner
  • Multi Processor Technology with an Intel Atom Core Application Processor
  • DOCSIS® 3.0 and PacketCable™ 2.0 compliant design
  • 4 port Gigabit Ethernet Wireless Router
  • 3×3 Integrated Dual Band Concurrent
  • 2.4GHz and 5GHz 802.11n radios with Beam Forming
  • USB 2.0 Host Port
  • Upcoming support for DLNA and File Storage
  • Two FXS lines of carrier-grade VoIP with HD voice support
  • MoCA1.1 for in Home Video and Data distribution over Coax
  • Dual Stack IPv4/IPv6 Home Router
  • Internal Power Supply for Highest Reliability and reduced energy consumption
  • Battery backup: Single battery pack for reaching a full 8 hours of standby support

If picking up new equipment, a Time Warner representative will probably let you know if your account is flagged “Maxx-capable,” which means your neighborhood’s upgrade is imminent or complete. Time Warner may also want to swap out your set-top boxes if you subscribe to cable television, although readers report cable television service and the on-screen guide in Queens doesn’t look any different at present. The backup battery inside the cable modem is rated for up to 10 years of life and is replaceable by the user for around $60.

Customers who own their own cable modem might have to buy a new one if they are seeking the company’s fastest speeds. Time Warner’s latest approved modem list should guide what, if any, new equipment you might need. If you are considering buying your own modem, you might plan your purchase around the model(s) that support the speeds you want.

approved modems

Time Warner Cable’s Latest Approved Modem List

[flv]http://www.phillipdampier.com/video/TWC Techs Launch 300 Mbps Internet Speeds at Queens NY Hub 5-6-14.flv[/flv]
Technicians launch 300Mbps broadband speeds for Time Warner Cable customers in Queens, N.Y. (1:27)

Competition Killer: Access to Time Warner Cable’s Business Fiber Network at Risk from Comcast Merger

comcast twcCompanies in the Pacific Coastal region of California are concerned about losing wholesale access to Time Warner Cable’s business fiber network if the cable company is acquired by Comcast.

Independent business communications providers acquire connectivity at wholesale rates from providers like Time Warner Cable and provide competition in the telecommunications marketplace.

“Time Warner Cable actually provides wholesale access, at least to its fiber network,” Dave Clark, president of Santa Barbara-based Impulse Advanced Communications, told the Pacific Coast Business Times. “From a competitive telecom perspective, they cooperate and work with competitive telecoms. Comcast does not. The big fear in the competitive telecom industry is that Comcast buys Time Warner and cuts [wholesale access] off.”

3 countiesCurrently, third-party access to cable broadband technology is provided on a voluntary basis by cable operators. Regulated telephone companies like Verizon and AT&T that serve California are required to offer open access to competitors, at least on their copper line networks.

If Comcast decides it won’t continue wholesale access to Time Warner’s network, it can cut off access almost immediately.

“The worst impact is going to be Ventura County, which has chunks of Time Warner,” Clark told the newspaper. “If Time Warner down there stops providing any wholesale access to facilities, those customers will be worse off. They’ll have fewer competitive options.”

Customers in Ventura, San Luis Obispo, and Santa Barbara counties would see the number of cable providers serving the area cut in half, from four providers to two. Charter and Time Warner Cable customers would be transferred to Comcast. That’s a major development, because Comcast now only operates in a tiny area of Santa Maria and the Santa Ynez Valley. Now the company would be dominant in Ventura and San Luis Obispo counties. Cox would still serve its customers in the South Coast region.

Comcast, Charter Divide Up Time Warner Cable Customers – Find Out Who Will Serve You

Phillip Dampier April 29, 2014 Charter Spectrum, Comcast/Xfinity, Competition, Consumer News, Public Policy & Gov't, Video Comments Off on Comcast, Charter Divide Up Time Warner Cable Customers – Find Out Who Will Serve You

comcast twcIf you are a Time Warner Cable customer, one of four things will happen by this time next year:

  1. You will still be a Time Warner Cable customer if regulators shoot down its merger with Comcast;
  2. You will be a Comcast customer;
  3. You will be a Charter Communications customer;
  4. You will be served by a brand new cable company temporarily dubbed “SpinCo,” owned partly by Comcast but managed by Charter.

Comcast and Charter this week reached an agreement on how to handle the 3.9 million Time Warner Cable customers Comcast intends to spin-off to keep its total subscriber numbers at a level they believe will appease regulators. The transaction will affect Time Warner customers in the midwest the most, particularly former Insight Cable customers.

divest

Charter Communications will say goodbye to customers in California, New England, northern Georgia, Texas, North Carolina, Oregon, Washington, Virginia and parts of Tennessee. Most of those customers will now be served by Comcast. Among the regions affected: New York, Boston, Dallas/Ft. Worth, Northern/Southern California, and Atlanta.

[flv]http://www.phillipdampier.com/video/WISN Milwaukee First Comcast Now Charter 4-28-14.flv[/flv]

WISN in Milwaukee reports Time Warner Cable customers there were just getting used to the idea of Comcast and they are not happy service will be provided by Charter Communications instead. (2:03)

Comcast and Time Warner Cable will in turn give up many of its cable systems in the midwest, either transferring them to Charter or the “SpinCo” venture managed by Charter.

twc charterCharter will take over directly in Ohio, Kentucky, Wisconsin, Indiana and Alabama.

If you are a Comcast or Time Warner Cable customer next to a current Charter service area in Michigan, Minnesota, Indiana, Alabama, Eastern Tennessee, Kentucky or Wisconsin, chances are you will end up a subscriber of the “SpinCo” venture. That will prove a distinction without much difference to customers, because Charter will manage the day-to-day operations of the new cable company and has the right to eventually acquire it outright.

With the exception of a small handful of systems in western sections of Pennsylvania, Virginia and North Carolina, all of New England, New York, and the mid-Atlantic region will be serviced by Comcast.

With the exception of Cablevision in eastern New York, Comcast will be the dominant cable provider across New York State from Manhattan to Buffalo.

With the exception of Cablevision in eastern New York, Comcast will be the dominant cable provider across New York State from Manhattan to Buffalo.

The agreement also includes a commitment by Charter to drop its opposition to the Time Warner Cable/Comcast merger.

“Today’s announcement from Comcast would, in essence, lead to the creation of a three-company cable cartel. Masquerading as subscriber divestitures, the agreement with Charter brings together the three largest cable providers, who account for 38% of cable subscribers and 45% of Internet subscribers,” the Writers Guild of America West said in a statement. “The decision of these three powerful companies to divide markets and share ownership of subscribers through a new publicly traded corporation is unprecedented and adds to the mounting evidence against the Comcast-Time Warner Cable merger.”

The transaction is expected to be tax-free and will happen in three stages:

  • Asset Sale: Charter acquires systems serving around 1.4 million former TWC customers for an estimated $7.3 billion in cash;
  • Asset Transfer: Charter and Comcast transfer assets in a tax-free exchange involving around 1.6 million former TWC customers and about 1.6 million Charter customers;
  • Asset Spin-off: Comcast will spin-off a new entity (“SpinCo”) composed of cable systems serving around 2.5 million Comcast customers to its shareholders, with Charter acquiring close to 33% of the equity of SpinCo in exchange for 13% of the equity of a new holding company of Charter.

Charter Communications would become the nation’s second largest cable operator if the deal is approved, owning outright systems with an estimated 5.7 million video customers and managing an extra 2.5 million SpinCo customers, together totaling more than 8.2 million video customers.

Comcast wanted the deal done quickly so it could begin lobbying Washington and other regulators with detailed divestiture plans to keep Comcast’s total subscribers to less than 30% of the national cable market.

Although Comcast will face tough competition in Time Warner Cable territories also served by Verizon FiOS, Charter and its managed SpinCo will compete primarily with AT&T U-verse. Just 1% of Charter’s territory is expected to see competition from Verizon’s fiber network.

[flv]http://www.phillipdampier.com/video/Bloomberg Divesting Comcast Subs 4-28-14.flv[/flv]

Comcast agreed to divest 3.9 million customers to Charter Communications, potentially helping to ease the approval process for its merger with Time Warner Cable. Media Morph Chairman and Chief Strategist Shahid Khan and Bloomberg’s Paul Sweeney speaks on Bloomberg Television’s “In The Loop.” (6:23)

TWC TV App Gets Two Dozen New Channels You Probably Won’t Watch; 300+ Total Now Streaming

Phillip Dampier April 22, 2014 Consumer News, Online Video Comments Off on TWC TV App Gets Two Dozen New Channels You Probably Won’t Watch; 300+ Total Now Streaming

Time Warner Cable TV subscribers with a set-top box can now access more than two dozen new channels on the company’s TWC TV App, now offering more than 300 channels for in-home streaming.

The newly available channels may vary depending on your local lineup, but generally include a large number of subscription international channels, home shopping, and religion. (Note: ITV Gold is not part of the United Kingdom’s ITV network. It is a network targeting the South Asian diaspora with Bollywood musicals, soap operas, and movies. C1R should probably be listed as Channel One Russia (Первый Канал), so it isn’t confused with C1R.com, an adult video site. Oops.)

  1. America’s Auction Net SD
  2. BlueHighways TV HD
  3. C1R
  4. CCTV 4 America (Mandarin)
  5. CCTV News English
  6. Daystar TV Net (National)
  7. Filmy
  8. Gem Shopping Network
  9. GMA DWLS Radio
  10. GMA DZBB Radio
  11. GMA Life TV
  12. GMA Pinoy TV
  13. Infinito
  14. ITV Gold
  15. Liquidation Channel
  16. NASA TV
  17. Phoenix North America Satellite TV
  18. RAI Italia
  19. RLTV
  20. Sundance HD
  21. TV Asia
  22. TV5 Monde
  23. TVB1
  24. UTV Movies SD
  25. YouToo
  26. Zee TV
Now you can watch Law & Order reruns in HD on Sundance TV.

Now you can watch Law & Order reruns in HD on Sundance TV.

The TWC TV App is available for iOS, Android, PC & Mac, Roku, Samsung Smart TV’s, Kindle and the Xbox 360 — you can find out more about it at the TWC apps page.

The only mass interest channel in the list is Sundance HD, although NASA TV is also a welcome addition.

Viewing is free for current cable subscribers, but many of these channels may not be available for viewing outside of the home.

 

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