Time Warner Cable’s new $3.95 monthly cable modem fee applies to customers signed up for broadband service, but if you are a Time Warner “digital phone” customer and don’t subscribe to broadband, the fee does not apply even though the same equipment can sometimes be used for either service.

Time Warner Cable claims the new modem fee was needed to cover the cost of repairing and replacing cable modems over time. But New York City customers have been asking why Internet customers have to buy their own modem to avoid the fee while those using the same modem only for telephone service do not.

The New York Times reached out to Time Warner Cable’s director of public relations Justin Venech, who had to acknowledge the logic disconnect between “digital phone” and Internet customers, but could only offer this weak explanation:

“The way we have decided to charge this fee is, we’re charging it for use of the Internet portion of the modem,” Venech explained. “It’s a business decision. It’s a matter of starting to treat this equipment the same way we treat our other equipment.”

That explanation did not seem to fly… with Time Warner Cable’s own customer service representatives.

When Manhattan resident Tom Arana-Wolfe demanded an explanation for the inconsistent fees, the representative put his call on hold to transfer him to a supervisor, but forgot to hit the mute button.

“She was discussing our conversation with a co-worker and said that they have to come up with something better, because ‘He has a valid point,’” Arana-Wolfe said.

Arana-Wolfe is considering starting a class action lawsuit against the cable operator relating to the modem fee, but is also considering switching his service to Verizon FiOS, which charges no modem fees.

Most Time Warner Cable broadband customers across the country will soon pay a $3.95 a month cable-modem lease fee in an effort by the cable operator to boost revenue by as much as $300 million annually.

New York City-area customers will be the first to see the modem rental charge, and customers began receiving postcards this week informing them of the new fee, which begins Oct. 15.

“It’s an outrage considering how much Time Warner Cable is already charging for broadband service,” says Stop the Cap! reader B.J., who received notification in yesterday’s mail. “My Ubee cable modem is four years old and they want to charge almost $50 a year for something that costs $40 retail brand new? Not a chance. I am calling Verizon. Goodbye Time Warner.”

A Time Warner Cable spokesperson said the company is busily printing notification cards that will arrive in customer mailboxes across the country in the next two months.

“Customers have the choice to purchase a modem from a third-party retailer to avoid paying the $3.95 per month,” according to the cable company.

Last year, Time Warner began gradually rolling out a $2.50 modem rental fee for new customers, but exempted current ones. Now the cable operator has increased the rental fee and intends to impose it on everyone except Starter Internet, Connected Learning, SignatureHome and certain IntelligentHome customers.

The cable operator may get resistance from customers, but Wall Street analysts state other cable operators, including Comcast, already charge up to $7 a month for modem leases.

Many customers will elect to buy their own cable modem, but the cable company has severely limited its approved device list in many areas to just a single manufacturer: Motorola Mobility, despite still leasing out often less-costly models from seven other manufacturers.

“It’s convenient how they will lease out inexpensive Ubee cable modems made in China but they won’t let you buy one,” says B.J. “There is nothing wrong with Motorola modems, but it reduces customer choice.”

Time Warner Cable (and Stop the Cap!) recommends all customers who plan to buy modems choose a DOCSIS 3 model for future compatibility. The company has switched out cable modems for customers at least twice over the decade plus history of cable broadband service. If history holds, the estimated useful life for a DOCSIS 2 cable modem will probably be five years or less before future standards make them obsolete. DOCSIS 2 modems are not capable of supporting the fastest broadband speeds, while DOCSIS 3 modems often cost just a little more.

Time Warner Cable’s Approved Modem List in the Northeastern U.S. And Our Reviews (all prices approximate, from Amazon.com — consult Time Warner Cable’s website for specific modems approved in your area):

DOCSIS 3

Recommended Motorola SurfBoard SB6141 DOCSIS 3.0 Cable Modem ($100): The SB6141 is now on the approved list for most TWC service areas and has gotten excellent reviews. It is an upgrade from the 6121, now off the list of approved devices. The 6121 could only support four-channel bonding for upstream and downstream, while the 6141 supports up to eight downstream channels and four upstream channels increasing data rates to over 300Mbps for received data and over 100Mbps when sending data. The only downside is that it is harder to find in stock for purchase.

Motorola SURFboard Gateway SBG6580 DOCSIS 3.0 Wireless Cable Modem ($117): The 6580 includes built-in gigabit Ethernet and a Wireless-N router, so it theoretically could replace your home router. My personal experience with cable modem-router combinations has been less than glowing, however. Consider this only if you do not already have a Wireless-N router. This model gets overall good, but not excellent reviews.

DOCSIS 2 – Consider a DOCSIS 3 modem to guarantee future compatibility.

Motorola Surfboard SB5101 Cable Modem ($50): This workhorse DOCSIS 2 cable modem has been around since 2003 and is popular with cable companies and customers, with a proven track record of performance. But it is not DOCSIS 3-capable, which means its useful life may be shortened as cable broadband standards continue to evolve.

Motorola Surfboard SB5101U Cable Modem ($53): Functionally equivalent to the 5101, the 5101U was introduced in tandem with Motorola’s cheaper 5101N model that omitted the USB port and driver CD. Choose the 5101 or 5101U based on which model is currently selling at the lowest price.

Not recommended Motorola SURFboard Gateway SBG901 DOCSIS 2.0 Wireless Cable Modem ($84): Overpriced and mixed reviews plague this aging Motorola DOCSIS 2 modem with built-in wireless G support. You would do better buying a Wireless N router yourself, or consider the SBG6580 if you absolutely need built-in Wi-Fi.

Updated 4:54pm ET: Readers report the SB6141 now has the best chance of being on TWC’s list of approved equipment, so we’re deleting the 6121 and replacing it with the 6141. If you happened to place an order for the 6121, make sure you verify whether it is on your area’s approved list. If not, cancel the order.

Update #2 10:00am ET 10/17/12: After publishing, Time Warner Cable overhauled their entire website. We have updated the link for the current approved list. None of the models have changed as far as I can see. I have also deleted the model 6121 entirely from the story — it is not on any approved list I’ve seen. As of today, the gouging continues on eBay with the 6141, still selling for up to $200. Amazon.com sellers have also jacked up the price to take advantage of current demand, though not as much.

Do NOT pay eBay sellers $200 for the 6141, which normally sells for $99. It only encourages the bottom-feeding speculators. If you want the 6141, I recommend you wait until prices drop to between $99-125. Do not pay more.

Some readers are finding used/refurbished cable modems that work perfectly fine on Craigslist and eBay. There is generally nothing wrong with these, unless they happen to be stolen or unreturned modems that really belong to Time Warner Cable, which will in turn not activate them. Be careful.

PC Magazine has declared fiber to the home service America’s fastest broadband technology, and among larger providers, Verizon’s FiOS once again took top honors for delivering the fastest and most consistent broadband speeds.

Over the past nine months, the magazine’s readers have been conducting regular speed tests using their personal broadband connections. The magazine found fiber optics remains the best current technology for delivering cutting-edge broadband service, with an average speed rating for FiOS reaching 29.4/16.7Mbps. Since PC Magazine readers were subscribed to various speed tiers while conducting the tests, the magazine’s ratings do not measure the fastest possible speeds on offer from different providers. Verizon’s most-popular service bundle includes 15/5Mbps service, heavily weighting Verizon’s speed rating which is capable of even faster speeds with their 50-300Mbps premium service tiers. But on average, consistently fast speeds kept them in the top spot.

Cable broadband technology was the second-best choice, depending on how cable operators implement it. Cable companies depend on a singl, shared broadband pipeline in each neighborhood. DOCSIS 3 upgrades allow a cable operator to vastly expand that pipeline by “bonding” several channels together to increase the maximum bandwidth. Cable operators that combine the latest technology with the smallest number of customers sharing a connection do the best.

Midcontinent Communications (better known by customers as Midco), achieved first place nationwide. The company, which serves customers in Minnesota, the Dakotas, and Wisconsin, took top honors with an average speed of 24.7/4.4Mbps — the best of any cable operator.

Ratings sometimes show the level of investment made by cable operators in their network. A sudden boost in average speeds is a sure sign a cable operator is rolling out network upgrades. A speed decline can expose a cable company trying to oversell an already constrained network. Charter Cable, which has routinely gotten poor ratings in Consumer Reports’ rankings, showed dramatic improvement in PC Magazine’s ratings, achieving third place with an average speed increase from 15Mbps to 18.5Mbps. But while the added speed is nice, the company’s usage caps are not. Conversely, WOW!, which achieved top scores in Consumer Reports’ ratings, scored towards the bottom of PC Magazine’s tests.

Comcast, which last year trumpeted its high rankings in controversial ads claiming to deliver the fastest broadband in the nation has now been overrun by both Midco and Charter. Comcast Xfinity is now in sixth place, hardly the fodder for any future ad campaign.

Cox Cable actually lost ground since last year, with average speed now down to 14.8Mbps. The bottom four: Time Warner Cable, Mediacom, WOW!, and Suddenlink — are all hampered by slow upload speeds and more anemic “take-rates” on higher speed broadband plans with the speeds on offer. With fewer premium speed customers, average speed ratings take a hit from the larger proportion of customers sticking with standard service.

Phone companies barely appeared in the magazine’s top ratings. AT&T’s U-verse could not even make the top-15. While 25Mbps was adequate when U-verse was first deployed, the broadband speed race has quickly overshadowed the company’s fiber to the neighborhood service, which still relies on home phone lines and antiquated copper infrastructure in the immediate neighborhood.

Phone companies still offering traditional ADSL on almost all-copper networks turned in even more dismal results — most too low to rate. Only Frontier’s adopted FiOS network kept them in the rankings in the overall broadband “slow zone” in the Pacific Northwest, along with CenturyLink’s acquired ADSL2+ and bonded DSL networks built by Qwest.

ISPs that perform poorly typically criticize the methodology of voluntary speed tests as the basis for speed and performance ranking. Most criticize the apparent lack of consistency, random sampling, the possibility rankings may be weighted in certain geographic areas, and may mix a disproportionate number of customers with standard or premium level speeds to unfairly boost or diminish average speed rankings. But overall, PC Magazine’s rankings show some technologies superior to others. If a customer has a choice, finding a fiber to the home provider is likely to provide an improvement over what the cable company offers, but the differences between phone company DSL and cable broadband are even starker.

The FCC speed test program, conducted by SamKnows, takes more regular snapshots of broadband quality from volunteer panelists. Your editor’s home broadband connection from Time Warner Cable is profiled above, showing results from January-September 2012

A 52-year old Los Angeles woman was bill shocked when she found Time Warner Cable charged her for 17 pay-per-view adult movies ordered over four days, often within minutes of each other.

Total charge: $154.65.

The actual number of adult movies watched, according to Time Warner customer Carol Scott: Zero.

Time Warner Cable’s initial response to Scott’s billing complaint: “We don’t make mistakes. You must have watched all those movies.”

The Los Angeles Times‘ David Lazarus reported on the plight of the healthcare lawyer the cable company thinks can’t put down her remote control:

On one day, the bill shows, a dirty movie was ordered at 9:55 a.m., followed by additional orders at 9:57, 10:03, 10:04, 10:05 and 10:06. Each movie came with a $7.98 charge.

Two days later, according to the bill, Scott’s craving for porn returned in a big way with orders for adult movies at 10:39 a.m. and 10:40, and again at 2 p.m., 2:01, 2:03 and 2:04.

She was apparently in such a randy mood, the bill shows that two adult movies were simultaneously ordered twice that day at 2:03 p.m. and 2:04.

The next day, a little more afternoon delight was seemingly in order. Scott’s bill indicates that two more adult movies were ordered, at 12:15 p.m. and immediately after at 12:16.

Unfortunately, Time Warner’s bill doesn’t specify the titles of the various films, so we can only guess at the range of tastes on display.

Scott explained she never ordered an adult pay per view movie in her life, much less 17 of them — a fact Time Warner Cable could have taken into account had it appropriately investigated her pay per view order history.

Instead, the representative insisted he had proof the movies were directly streamed to her television (was he outside her window?). If she wasn’t the one watching, someone else was — or several people, considering Scott’s bill showed she had as many as six sleazy sex flicks running at the same time.

Scott’s request to block adult pay per view titles from being ordered ever again was blocked by Time Warner. A customer service agent explained it was all or nothing — block all pay per view titles or none of them.

When the Los Angeles Times reporter called Time Warner Cable on behalf of Scott, the cable operator got nervous and had premature explanations.

Scott said one representative suggested electrical shorts could have resulted in her pay per view porn escapade, or perhaps someone got inside her cable box. Another repeated the company’s earlier insistence she must have watched the movies.

Jim Gordon, a company spokesman, didn’t really want to talk about it.

“We take customer privacy seriously, which we know our customers appreciate, and as such we are not able to comment on a particular customer’s account,” Gordon said.

Gordon passed the newspaper reporter to Motorola to discuss cable box hacking, as the Time Warner Cable set top box involved was manufactured by them.

In the meantime, under threat of going public with a relationship gone bad, Scott’s account was credited $154.65 and the cable company found its way clear to configure a block on future adult pay per view titles on Scott’s account.

If you do not use your cable company’s pay per view service, why not consider avoiding being the next lucky victim of cable porn roulette and ask your provider to block all pay per view purchases.

Anger management failure at the Time Warner Cable store

I always wondered why some Time Warner Cable stores maintain a very visible security presence, often with a uniformed guard stationed in plain sight. This morning, I got my answer.

While visiting a local cable store to exchange a set top box, I ended up behind five other customers, with just a single representative on duty. Seated on the provided couch, I was well-positioned to hear the issues of customers in line before me. It was the usual pattern — a bunch of late-payers wondering how much of their $400 past due cable bill they needed to pay to reconnect service, a customer exchanging a troublesome remote control or turning in unneeded equipment, and one older “gentleman” who clearly spent his morning preparing for a personal indictment of Time Warner’s customer service.

He was in line right before me. I should have realized there was going to be a problem, considering he spent 15 minutes muttering under his breath and mocking the representative’s answers to other customers as he waited his turn.

His moment finally arrived, and he unleashed.

“How do you people sleep at night,” was his opening. “Time Warner Cable sucks.”

And they’re off….

For at least 10 minutes, the woman behind the counter took a relentless verbal, often personal lashing.

Phillip “Next in line after Mr. Angry” Dampier

“I worked for a utility company and I would have been fired if I ever provided service as bad as yours,” was quickly followed by “do you actually train your people?”

It seemed, in-between the insults, this particular customer lost cable service the other day, called Time Warner’s automated attendant, and was erroneously told there was no reported service problem in his area. Finally reaching a live person, the customer service representative quickly repeated that, despite protests that “the whole street is out.”

Over the course of the day, the perturbed customer repeatedly called Time Warner to give regular updates on their conclusion there was no problem.

“There were Time Warner trucks on my street and you people have the nerve to tell me there is no problem,” relayed the man. “I’m glad I don’t have your phone service because even your own people told me not to get it because it was unreliable. I would not have been able to even call you then.”

But the final indignation was the customer’s perception a Time Warner Cable employee ordered him to stay home for a service call the next day.

“How dare you tell me what to do. You people wasted my time and yours and I never had this problem with Dish when I had them,” he lectured. “I don’t know how you guys even stay in business with crappy service like that and you lie to your own customers.”

The employee behind the counter had evidently been well-seasoned by prior encounters with angry customers. While never telling the man she understood his concerns, she did repeatedly tell him she was not the one telling him the things that obviously had upset him.

Other customers watching the display further back in line began to leave the store, noting the man showed no signs of drawing his angerfest to a close.

“I should just go back to Dish,” repeated the man. “You people are just awful and you always have been and you should be ashamed.”

For a few moments, there was silence as the representative looked up information about the customer on her computer. That was her big mistake.

“I am going to back my truck up and just chuck my cable box through your window for all it is worth,” as the relative calm of the eye of Hurricane Angry Guy had now passed on by. “Screw all of you.”

Having self-satisfied himself with his venting, he stormed off slamming the store door open as hard as he could.

“Customer #110 is now being served at window 2,” proclaimed the automated voice.

That was me. I hesitantly approached the desk.

Initially defensive, the customer service person cut me off the moment I took a breath to speak and tartly asked for my phone number.

It should be obvious to any reader here that I am a relentless critic of some of the policies and decisions made by the management of large cable and phone companies like Time Warner Cable. I am also a customer, so technically I could feel entitled to unleash my concerns about the industry as a whole on any employee of the cable company. But that would be wrong.

Taking your frustrations out on a customer service representative that had nothing to do with creating a problem will not solve the problem. Hurling a tirade of personal, verbal abuse is simply unacceptable.

If Time Warner Cable made the mistake, calmly discussing the problem without yelling at the representative would have probably netted the customer a customer courtesy credit and an apology. Asking the representative what she could do to alleviate or compensate for a problem gives them a chance to help. Putting them under a state of siege is a sure way to shut them down, hoping you will leave as quickly as possible.

In short, nobody deserves to be treated the way this representative was this morning.

Being affable got me a lot farther. The representative’s initial defensiveness quickly dissipated and she went out of her way to address concerns and even offered things I did not request. When it was all over, I thanked her for her help and she returned the courtesy wishing me a great day.

Some people believe being difficult and browbeating customer service will get them satisfaction. But I have found that remembering the “three P’s” of customer <-> customer service interaction work far better:

1. Be polite. If you have a problem with your provider, don’t assign blame to the one person that might be able to alleviate the problem. Calmly explain what the company did wrong in your eyes and empower and encourage the customer service agent to be your ally to resolve the problem. Making things personal puts anyone on the defensive, which guarantees less interaction, not more. Treat people the way you expect to be treated.
2. Be persistent. If the offered solutions don’t work for you, let them know in a calm voice that their suggested resolution is insufficient. Ask them if there is anything else they can do to resolve an issue or compensate you. If they seem unable to help, ask them if a supervisor could.
3. Be persuasive. Reminding a customer service agent you appreciate their help and that, as a long standing customer, you want to preserve a positive attitude about your provider gives them the incentive to go further for you. If necessary, remind them that a happy customer stays a customer. An unhappy one leaves and tells everyone they know. Keep things business-like and keep your anger in check.