With an estimated 90,000 New Yorkers stranded without broadband service, a proposal from Charter Communications to block funding for future projects is coming under fire from a bipartisan group of rural legislators.

Charter, which does business as Spectrum, filed a request with the Federal Communications Commission to exclude certain census blocks for funding under the agency’s new $20.4 billion Rural Digital Opportunity Fund (RDOF). The cable company claims it intends to privately fund expansion of internet service in those areas, and does not welcome government-subsidized competition.

“Good cause plainly exists to grant the waiver to avoid overbuilding areas in which Charter has already begun the process of deploying service and is investing private capital well in excess of $600 million,” company officials wrote. “This will ensure scarce universal service support is deployed to close the gap/digital divide in actually unserved areas. The commission has previously granted rule waivers where, as here, the purposes of the rule would be disserved by its strict application, and where waiver would affirmatively serve the public interest.”

Many of the rural homes Charter claims it intends to serve have been waiting for internet access for well over a decade. Many were hopeful that wait would end shortly after the cable company agreed to expand service to an additional 145,000 rural New York households as part of an agreement with state regulators approving its merger with Time Warner Cable. But a March 2020 audit conducted by the Comptroller of New York found Charter was not meeting its commitments:

“[…] It has been over three years since the merger was approved. Network expansion should have already been provided to approximately 126,875 unserved or underserved premises based on the 2016 Commission Order approving the merger. As of July 2019, Charter had only extended its network to 64,827 premises. Based on the original Order, 62,048 additional customers should have received access to these services. Charter now has until September 2021 to complete the network expansion of 145,000 premises previously scheduled to be completed by May 2020.”

Barrett

Some New York legislators believe Charter is out of line asking the FCC to exclude funding for other rural broadband projects while taking its time meeting its own commitments.

“Charter’s waiver request is simply self-serving and will in no way benefit the residents of upstate New York who, even in the year 2020, are struggling to access adequate broadband by any provider,” Rep. Didi Barrett (D-Hudson) wrote in a letter to the FCC. “Charter’s petition is a blatant attempt to reduce competition and leave consumers with no choice but to wait around for Charter to finish a job that should already be complete. In Upstate New York, tens of thousands of residents and businesses are still waiting for internet service because of Charter’s years-long effort to renege on their obligations to New York State and the people who live in rural communities. We must continue to call Charter out until every household and business is served as planned under their agreement with New York State.”

Republican congresswoman Elise Stefanik from Schuylerville agrees with many of Barrett’s views, blasting Spectrum for seriously delaying its rural rollout commitments. Stefanik worked with FCC Chairman Ajit Pai to change the qualification requirements for the RDOF program, which originally would have excluded New York from receiving funding. If the FCC adopts Charter’s request, it would block much of her district from receiving broadband funds, either because Charter previously indicated it would (eventually) offer service or because the state previously supplied broadband subsidies, which would also seem to disqualify RDOF grants.

“I have heard directly from constituents and local elected officials that this decision would have a severe impact on their ability to gain rural broadband access, which is essential, especially during this time of crisis,” Stefanik said. “Charter’s request would exclude parts of the North Country from this critical federal funding, and I will work with my upstate colleagues and the FCC to keep it available.”

WNYT in Albany reports rural New York communities like Stillwater have waited years for Charter Spectrum to provide broadband service. The addresses Spectrum grudgingly will serve in the area are routinely quoted installation fees starting at $8,000. (2:16)

Improvising hand sanitizer, with a bucket, water, and Dawn dishwashing detergent.

Letting a cable technician into your home may expose you, your family, or the technician to the COVID-19 coronavirus, according to multiple reports of people catching the virus during service calls.

Technicians have complained for weeks about inadequate protection for workers that visit customer homes. Several told Stop the Cap! they lack a steady supply of gloves, face masks, and hand sanitizer, and one noted they were forced to improvise with plastic buckets obtained from Lowe’s filled with dishwasher soap and water.

“Every service call is risky these days,” said Ralph, a Spectrum technician serving a city in Upstate New York. “You have no idea what you will run into. For the first week we honestly were not too concerned because the number of customers testing positive outside of New York City was not too high, but we’ve traded stories about coughing customers and those still in bed (obviously ill) as we work around them in bedrooms.”

Ralph says Spectrum pre-screens customers with questions if they have to set up a service call, but customers are obviously not always being honest.

“If my internet and TV was out and I was stuck at home, I guess I can understand why some people are desperate to get their service fixed,” Ralph told us. “They deduced that if they admitted they were self-quarantined or ill, we wouldn’t send anybody out, so they sometimes lie.”

The company has seen an uptick in service calls as people take advantage of Spectrum’s offer of free internet service for students, which has resulted in a number of new customers.

“One lady coughed repeatedly at me as she tried to move some of her personal property out of the way so I could drill a hole to bring in a cable line,” Ralph said. “She started turning blue and her husband had to help her to a chair. I couldn’t get back to my truck fast enough that morning. I have a wife and three kids and the last thing I need to do is bring this virus back to them.”

Pleas for more personal safety equipment have met with shrugs.

“My supervisor said we are on our own until the company comes through, or we could buy our own supplies,” Ralph said. “The PR from this company is frankly bullshit. We are expected to show up and do the work without complaining. I need the job so I keep my fingers crossed I don’t get the virus.”

Another technician anonymously shared his own experiences on Reddit:

I am a field tech currently going through self quarantine for exposure to COVID-19.

I was in a customer’s home working when they handed me a mask. I asked multiple times if them or anyone in the house was sick as for my safety. They responded “I am healthy” every single time. I needed into the Master Bedroom Closet to look at the smart panel. Customer wouldn’t let me in there. I figured someone was sleeping or it was a mess (happens to us frequently).

I finally said, “I need in there to do the free internet install you ordered, either that or we can reschedule for a time someone can go in there.” It turns out her husband was in quarantine because he wasn’t feeling well for a few weeks. I instantly walked outside and called my supervisor and was told “harm was already done and to finish the job.”

I’ve been home with a 100°F+ fever coughing and wheezing for the past week and [today] got a call stating that the customer called in to inform a confirmed case and to notify the tech (me) about the possible exposure. I was there last Monday and continued to work until that Thursday and have possibly contaminated multiple other families. I haven’t been to work since last Thursday but am told without an official test I have to return Sunday. But also, I am being told by my primary care doctor that they need a fever of over 10 days to request a test.

Spectrum technicians are being offered a weekly $25 restaurant gift card if they agree to brave service calls in customer homes.

“It’s really insulting,” said Ralph. “The bosses who came up with this wouldn’t do it for a gift card and frankly $25 off at Olive Garden isn’t going to do me any good if I am in the ICU or dead.”

In North Carolina, a Spectrum technician may have introduced the virus into a Charlotte family’s home during a service call, with dangerous results.

Emily Beaty’s twins were born 26 weeks premature, so she was extremely concerned about admitting strangers into her home. Unfortunately, her internet service was not working well, and fixing it meant a service call.

Beaty told WSOC-TV she carefully went over the steps Spectrum was taking to protect customers from the coronavirus.

“They were taking this situation very seriously,” Beaty was told. “They were prescreening their employees and all of their employees were healthy,” the Spectrum representative claimed.

The technician spent most of the service call working outside, but stepped inside briefly to test his repairs. Four days later, Spectrum called to inform her the technician had just tested positive for the coronavirus. Now the family is in voluntary quarantine.

“I just don’t feel like they were doing a proper screening,” Beaty told the TV station. “I mean, they sent a tech out to my house that had a cough and not two days later, he is being tested for coronavirus.”

Spectrum responded in a statement:

“We have confirmed that one of our Charlotte-based technicians has tested positive for COVID-19. We immediately contacted the customers recently served by this technician, as well as the technician’s co-workers.

“We learned this technician was not feeling well on March 25 (Wednesday) and sent the technician home immediately. The technician sought medical attention and was subsequently tested. When we confirmed the positive test on March 27 (Friday), we began contacting customers served by this technician and co-workers.

“We are continually communicating and educating our staff on best practices according to the CDC health and safety guidelines, such as proper hygiene and social distancing. We are encouraging all technicians to take their temperature at home before reporting for work. We have made clear, including in a message directly from our chairman and CEO to all employees that any employee who is sick, or who is caring for someone who is sick, should stay home.

If an employee needs to self-quarantine, they will not need to use their paid sick leave, but will continue to be paid and receive full benefits while under quarantine. The company also has given every worker an additional 15 days of COVID-19-related paid time off, and hourly workers who do not use this time during the COVID-19 pandemic will be paid out the remaining unused days at the end of the year.”

Gov. Andrew Cuomo announcing rural broadband initiatives in New York.

When New York Gov. Andrew Cuomo boasted in 2015 that anyone who wanted broadband service in the state would have access to it, he could not have realized that claim would come back to haunt him five years later.

New York’s Broadband for All program claimed to be the “largest and most ambitious state broadband investment in the nation,” with $500 million set aside “to achieve statewide broadband access by 2018,” with “99.9% of New Yorkers” getting access to broadband service.

In 2020, that goal remains elusive, with over 80,000 New Yorkers relegated to heavily data-capped satellite internet access and potentially tens of thousands more left behind by erroneous broadband availability maps that could leave many with no access at all. Now it appears the federal government will not be coming to the rescue, potentially stranding some rural residents as a permanent, unconnected underclass.

The Republican-majority at the Federal Communications Commission has decided to take the Democratic governor at his word and exclude additional rural broadband funding for New York State. The FCC’s recently approved Rural Digital Opportunity Fund (RDOF) is the most ambitious rural broadband funding initiative to date, with a budget of $20.4 billion. As it stands, not a penny of those funds will ever be paid to support additional broadband projects in the Empire State.

“Back in 2016, the governor of New York represented to this agency that allocating the full $170 million in Connect America Fund II support to the state broadband program would allow full broadband buildout throughout the Empire State, when combined with the state’s own funding,” said FCC Commissioner Michael O’Rielly.

That $170 million was originally designated for Verizon to spend in upstate and western New York in areas without high-speed broadband. When Verizon declined to accept the funding, the rules for the program required the money to be made available for other qualified projects in other states, or left forfeit, unspent. An appeal from New York’s Senate delegation to FCC Chairman Ajit Pai to award that $170 million to New York’s Broadband for All program was successful, allowing other phone, cable, and wireless providers to construct new rural broadband projects around the state. That decision was met with criticism, especially by the Wireless Industry Service Providers Association (WISPA), which represents the interests of mostly rural, fixed wireless providers around the country.

O’Rielly

“After robust opportunity for public input, last year the FCC adopted a CAF-II framework that was truly technology-neutral and designed to harness the power of competition to deliver the most broadband to the most Americans, at the lowest overall price,” said Steve Coran, counsel for WISPA, in a statement. “Unfortunately, today’s action appears to deviate from this approach by providing disproportionate support to one state at the expense of others, which will now be competing for even less federal support.”

That criticism was partially echoed by Commissioner O’Rielly, who appreciated the dilemma of rural New Yorkers without access to high speed internet, but felt the FCC was showing favoritism to New York, which he worried was getting a disproportionate share of federal funding.

“These are federal [Universal Service Fund] dollars taken from ratepayers nationwide. They are not New York State funds, and we have the burden of deciding how best to allocate these scarce dollars, as well as the right to demand that they be spent wisely,” O’Rielly said. “At the same time, I am concerned that the funding will not be used as efficiently as possible. It should not be lost on everyone that New York is one of the states that diverts 9-1-1 fees collected to other non-related purposes, as is noted in the Commission’s recent report on the subject. We should have received assurances that New York would cease this disgraceful practice.”

O’Rielly added that offering even more generous funding in New York could lead to overpaying providers to service rural New York communities at the expense of other, cheaper rural broadband projects in other states.

Recently O’Rielly claimed that allowing New York to receive funding under the new RDOF program would almost guarantee dollars would be spent on duplicative, overlapping broadband projects, noting that Gov. Cuomo already considers New York almost entirely served by high speed providers. In fact, he claimed any additional funding sent to New York would be “beyond foolish and incredibly wasteful” and would undermine the rural broadband program’s objective to avoid funding projects in areas already served by an existing provider.

In other words, since Gov. Cuomo has claimed that virtually the entire state is now served with high speed internet access, O’Reilly believes there is no reason to award any further money to the state.

Except the claim that ‘nearly the entire state already has broadband access’ is untrue, and O’Rielly’s arguments against sending any additional money to New York seem more political than rational.

The FCC’s broadband availability map shows significant portions of New York in yellow, which designates no provider delivering the FCC’s minimum of 25/3 Mbps broadband service.

First, the FCC’s own flawed broadband availability maps, criticized for over counting the number of Americans with access to broadband, still shows large sections of upstate and western New York unserved by any suitable provider. Parts of western New York between Buffalo and Rochester, significant portions of the Finger Lakes, Southern Tier, and North Country are all still without access. An even larger portion of upstate New York has either no access or very slow access through DSL. The number of residents without service is significant. The FCC uses census blocks to measure broadband availability, but this methodology is flawed because if even one home within that block has broadband while dozens of others do not, the FCC still counts every home as served. This has angered many New Yorkers stuck without service while a local cable or phone company offers high-speed internet access to neighbors just up the road. Many of these rural residents are not even designated to receive satellite service, Broadband for All’s last catchall option for areas where no wired provider bid to provide service.

Second, long-standing rules in broadband funding programs already deny funding to areas where another suitable provider already offers service. So it would be impossible for RDOF to award “wasted” funding to projects where service already exists.

While Gov. Cuomo’s boastful claims about broadband availability opened the door for discriminatory rules against the state, the FCC itself wrote the rules, and it appears the goal was one part payback for securing earlier broadband funding over the objections of Commission O’Reilly, and one part sticking it to a state that has given the Trump Administration plenty of heartburn since the president took office.

Residents in upstate New York are finding Spectrum bills in their mailbox for services they didn’t order and don’t want, after telling Spectrum telemarketers they were too busy to talk.

Three residents in Tupper Lake have been in touch with the village mayor, complaining they were enrolled in a $30-per-month Spectrum streaming TV service without their knowledge or consent.

Mayor Paul Maroun says recent robocalls from the cable operator were responsible for the surprise bills.

“It was a robocall that said, ‘Are you busy at the moment?'” Maroun said. “Once you said ‘yes,’ they record the ‘yes’ and they bill it.”

Maroun said he believes one or more Spectrum telemarketers are ordering new services for consumers using recorded customer responses to a different question as consent to start service. Within a month, bills start arriving in the mailboxes of consumers. Even worse, some consumers do not immediately realize they are being billed for new services they did not authorize because they chose electronic billing and autopay, which automatically pays the bill without customer intervention each month.

The problem was serious enough to be a topic of discussion by the village board, reports the Adirondack Daily Enterprise:

One alleged victim of the call is retired village electric department superintendent Marc Staves, who returned to the village board for a meeting on Wednesday as a civilian to tell the board about his experience and to warn others.

Staves said he caught the additional charge on the first month it landed on his bill. He said he is not sure how it happened because he does not remember taking a call. Staves said Spectrum told him a robocall was placed, but he said his phone records show he never answered it.

“That’s kind of underhanded,” Staves said when he learned how the call works at the village board meeting.

He has automatic payments set up on his account, but still checks the amount.

“It’s always good to keep track of your automatic deductions,” Staves said.

He was told the company would refund his money, but said after a week it still hadn’t. When he called again he said he was told the $30 charge would be taken off his next month’s bill.

“I was okay at that point until I hung up the phone and thought about it,” Staves said. “It’s really no different than me going into your wallet, taking $30 out of your wallet and telling you I’m going to work it off next month.”

He said he is “not satisfied” with the resolution Spectrum offered him, saying it is being done in a “roundabout way.”

Maroun told Staves he has received two other calls from villagers about the same problem, both for $30-per-month charges. He said those people have gotten their money back.

Mayor Maroun

Spectrum spokesperson Lara Pritchard said this was the first time she heard of this complaint and suggested third party scammers might be “spoofing” customers.

“If an offer doesn’t sound right, customers can ask the representative on the phone to validate they are an employee by looking up their account number,” Pritchard wrote in an email. “Spectrum representatives will always have an account number. Then call Spectrum (at their customer service number on your bill) and ask if there is any such person working there.”

But since consumers are being billed for the unauthorized service(s) on their Spectrum bill, the telemarketers must have a business relationship with the cable operator. It could be a third party marketing company hired by Spectrum to sell service. A bonus or commission is likely payable for each successful sale, which could be an incentive for a dishonest employee to game the system.

Stop the Cap! recommends not answering Spectrum’s telemarketing calls or just hang up immediately. Be sure to verify your bill through the My Spectrum app or website and report any unauthorized charges immediately. Consumers can also file complaints with your state Attorney General’s office. Fabien Levy, a spokesman for New York’s Attorney General told the newspaper while the office has received a number of complaints about Spectrum, none were related to this issue. That could change if consumers report these kinds of scams.

Brindisi, as he appeared in a campaign ad slamming Charter Spectrum in the summer of 2018.

Rep. Anthony Brindisi (D-N.Y.), who made his battle with Spectrum into an election issue in 2018, is not done with the cable company yet.

This week, Brindisi appealed to the Consumer Financial Protection Bureau (CFPB) to launch an investigation into the cable company’s debt collection practices.

“Fighting Spectrum on rising rates also includes making sure they can’t use debt collection as another money-making tactic,” said Brindisi. “And the only way to get to the bottom of this is for the CFPB to ask the questions I outline in my letter.”

Brindisi is targeting Credit Management L.P., a Plano, Tex. collection agency that Spectrum relies on to pursue former customers, often to seek compensation for “lost or unreturned equipment.”

“After believing they had paid their final bill in full and returned their equipment, customers are finding themselves face-to-face with this unknown debt collector from Plano, Texas,” Brindisi told the CFPB. “One former Spectrum customer learned from Credit Management L.P. that they owed over $100 long after amicably ending their service. Spectrum never notified this customer they owed a penny. Instead, they sent them to collections, potentially damaging their credit rating and giving up their social security number and other personal information.”

In some cases, customers are being turned over to the collection agency for as little as an allegedly unreturned remote control. As a result, consumers are ending up with damaged credit because of the reported collection activity.

“The Better Business Bureau has logged hundreds of complaints about Credit Management L.P.,” Brindisi added. “Many of these complaints have been about their debt collection practices related to cable and internet companies. Customers have specifically named Spectrum and other cable companies as the source of the erroneous debt. A consumer should not be sent to a debt collector, without warning, for a missing remote control. That is both unfair and a sneaky way Spectrum might be padding its bottom line, which would be unacceptable, worthy of investigation and potentially in violation of federal rules.”

Brindisi wants the CFPB to determine how many customers are being pursued by Credit Management, L.P., how those customers are contacted, how much of the collection agency’s efforts relate to being compensated for allegedly unreturned equipment as opposed to late or non-payment of monthly cable bills, and how the agency handles customers’ private personal information.  Brindisi also wants the CFPB to determine if the collection practices violate federal law.

Brindisi also urged constituents being contacted by Credit Management L.P., on behalf of Spectrum, to call his office at (315) 732-0713.

In addition to running campaign commercials that slammed Spectrum, Brindisi has doggedly pursued the cable industry as a freshman congressman representing an Upstate New York district extending from the east end of Lake Ontario through Central New York to the Pennsylvania border, including the cities of Utica, Rome and Binghamton. Brindisi introduced the Transparency for Cable Consumers Act, promising to provide better oversight of cable and internet providers and hold companies accountable that are fined by a state Public Service Commission. In November, Brindisi slammed Spectrum in an opinion piece outlining his efforts to hold Spectrum accountable. Brindisi also recently launched a district-wide survey of home internet speeds and service to determine if internet customers are getting advertised internet speeds.