A CBRS antenna for fixed wireless broadband was installed on this North Carolina home by Charter Spectrum. (Image: Charter Communications)

Charter Communications is envisioning building out a rural fixed wireless network on the edges of its existing service areas in rural parts of New York and North Carolina to attract new customers without spending money on extending its hybrid fiber-coax (HFC) network to high-cost areas.

Charter has spent more than a year conducting mobility and fixed wireless tests using small cells in several cities across the country to determine if the technology is commercially viable. The company is focusing on two service scenarios: rural areas within a mile or two of its existing cable footprint and urban and suburban areas already served by Spectrum’s HFC network.

Charter’s rural initiative uses the Citizens Band Radio Service (CBRS) band at 3.5 GHz to provide rural fixed wireless service to areas just out of reach of its cable network. Trials of fixed wireless service are already underway or will be soon in exurban and rural areas near Denver, Tampa, Bakesfield, Calif., Coldwater, Mich., and Lexington, Ky. These first trials were designed to prove the concept of delivering high-speed fixed wireless internet in different areas of the country. In 2020, additional trials are planned for rural parts of New York and North Carolina, with a tentative plan to launch service that same year.

“Results of these trials have been promising as we were seeing speeds that significantly exceed the FCC’s definition of high speed broadband in most circumstances which would allow for video streaming and the use of multiple apps simultaneously,” Charter wrote on its Policy Blog. “We believe fixed wireless access technologies using this mid-band spectrum could offer a cost-effective solution for providing broadband service to homes and businesses in harder to reach rural areas.”

The next step for Charter is a full service trial in rural counties in New York and North Carolina that would offer high-speed wireless broadband to residential customers. Charter began testing its fixed wireless service in Davidson County, N.C. roughly between the communities of Lexington and Salisbury. Each of Charter’s four temporary transmitting locations in Davidson County are licensed to serve a radius of up to 9.3 miles, but most customers are significantly closer to the transmitting sites. Participants get free service for the duration of the trial, a free outdoor antenna and a free combination receiver/router. All equipment remains the property of Charter and is to be returned at the end of the trial.

Charter told attendees at last week’s SCTE/ISBE Cable-Tec Expo in New Orleans that results exceeded performance expectations. Customers are getting in excess of 25/3 Mbps service, and there is enough bandwidth left over for Charter to consider offering a true wireless triple play package of video, internet, and home phone service.

Charter’s mobile vans can deploy a CBRS, C-Band, or millimeter wave signal. (Image: Charter Communications)

Craig Cowden, Charter’s senior vice president of wireless technology, told attendees Charter envisions CBRS wireless service to extend the Spectrum cable footprint into rural areas just outside of the cable company’s wired footprint, and a good economic case might be possible to offer service to residents that usually fail the company’s Return On Investment test that governs whether Charter will extend wired service into unserved neighborhoods within their franchise area.

But Cowden also sees Charter deploying CBRS in urban and suburban areas to handle wireless traffic for a growing number of its wireless customers. Spectrum Mobile relies on free Wi-Fi networks and an agreement with Verizon Wireless to provide 4G LTE connectivity for its customers. Charter can begin reducing costs by moving mobile traffic off of Verizon’s network and onto Charter’s own mobile network, likely operating on CBRS frequencies.

The CBRS band is suitable for outdoor traffic, but is likely not going to work well when customers go indoors. Charter plans to hand that traffic back to its extensive network of Wi-Fi hotspots, mostly located at businesses using Spectrum’s commercial service, and the customer’s own in-home Wi-Fi.

Charter has been testing its mobile CBRS service from test transmitters in Tampa and Charlotte, N.C., but plans a much more extensive test in New York and Los Angeles utilizing more than 250 cell sites.

In 2017 and 2018, Charter also filed requests for special temporary authority to test 5G service in the 28 GHz millimeter wave band, but those tests appear to be exploratory and there is no indication a commercial deployment effort is forthcoming soon.

Charter’s Experimental CBRS Projects (based on filings with the FCC for experimental and permanent licenses)

Lexington, Kentucky

WM9LXR was licensed on March 23, 2018 and a CBRS transmitter capable of reaching up to a radius of 9.3 miles was placed on top of the Fairfield Inn & Suites by Marriott Lexington North at 2100 Hackney Place in Lexington. The license expired Sept. 19, 2018. A new application to operate this transmitter was filed Nov. 16, 2018 expiring June 4, 2019.

Centennial, Colorado

WM9XTL was licensed on June 1, 2018 and a CBRS transmitter capable of reaching up to 15 miles away was erected just northeast of the Centennial Airport along E. Easter Avenue. This transmitter was designed to experiment with mobile CBRS services. The license expired Dec. 5, 2018.

Another experimental license to test CBRS service was sought Nov. 16, 2018 and expired June 4, 2019.

A license to operate WO9XOY was filed on May 10, 2019 to experiment with a private fixed wireless LTE network in the CBRS band for a corporate client from the same transmitter location as above. The license would expire Dec. 2, 2019.

Los Angeles

WM9XXU was licensed on June 22, 2018 to test CBRS mobile service from four transmitting sites around Baird Park, Van Nuys, Baldwin Hills, and West Anaheim Junction areas. The license expired Dec. 22, 2018.

An application to operate WN9XRT was filed with the FCC on Nov. 16, 2018. CBRS transmitters would operate from the same neighborhoods as above to conduct outdoor and indoor fixed wireless mobile testing within 8 miles of the four fixed locations until Dec. 22, 2018.

An application to run WO9XQW on an experimental basis was filed May 31, 2019 to expire Dec. 19, 2019. The license application described the CBRS test project:

Charter will deploy experimental fixed and mobile equipment in various configurations. Depending on the testing scenario, devices will be deployed on existing aerial cable strand, on existing buildings/poles or indoors.

Specifically, Charter will use the following deployment approaches:

1. Strand mount deployment: 118ft. height.
2. Building/pole mount deployment: up to 100ft. height.
3. Indoors: up to 40ft. height (3rd floor indoor).

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New York

WM9XXV was licensed on June 22, 2018 to test various CBRS applications from three transmitter sites:

125th Street & Rockaway Blvd. Jamaica
72nd Street Flushing
South Beach, Staten Island

The license expired Dec. 22, 2018.

An application for WN9XRS was filed with the FCC on Nov. 16, 2018 to expire Dec. 23, 2018 to test CBRS services from the three locations noted above. On May 31, 2019, another application was filed to continue testing until Dec. 19, 2019.

Charlotte, North Carolina

A pending application filed Aug. 28, 2019 for WN9XHY, a CBRS transmitter located on S. Caldwell Street next to Spectrum Center was filed on Aug. 28, 2018. Charter sought to cover a radius of just over 9 miles to test fixed and mobile applications with an expiration of March 16, 2019.

An application for WO9XCX was filed on March 15, 2019 set to expire Sept. 29, 2019. This is a CBRS experimental project to test indoor and outdoor fixed and mobile wireless reception from two fixed transmitter locations located at Spectrum Center and the Clanton Park/Roseland neighborhood. An application for an additional experimental license was filed March 15, 2019 with an operational end date of Sep. 28, 2019.

Tampa, Florida

An application for WN9XHZ, a CBRS transmitter covering up to 8 miles from Ybor Heights was sought on Aug. 28, 2018 to expire March 16, 2019. It was to test fixed and mobile CBRS applications.

Keystone, Iowa

A license to operate WN9XIX from a mobile transmitter van was filed Sept. 6, 2018 to expire March 30, 2019. An additional application to operate a similar CBRS test project was filed Sep. 17, 2019 and set to expire March 28, 2020. On Sep. 20, 2019 an application was filed to operate WP9XIC until March 29, 2020. This latter project is designed “to evaluate 5G frequencies and technologies for their use in point-to-multipoint access network capacity (e.g., rate versus range) and data throughput. The proposed operations will advance Charter’s understanding of technology and network potential using mid-band spectrum and will advance the potential deployment of fixed and mobile 5G services.”

Bowling Green (and Lake Wales), Florida

A license application filed Nov. 28, 2018 proposed to test wireless service in the so-called C-Band spectrum now used by satellites to check how well it performs with the potential of interference from licensed satellite TV services. Outdoor-only tests of wireless service within a two-mile radius of fixed transmitter locations in the vicinity of Bowling Green and Lake Wales were underway until the license for WN9XSQ expired June 10, 2019.

An additional license to further test potential C-Band spectrum for interference issues was sought to begin Dec. 12, 2018 and expiring June 10, 2019.

Davidson County, North Carolina

Charter applied for an ongoing license to operate WJ2XZT, a CBRS project consisting of four transmitters each serving a radius of approximately nine miles, to provide fixed wireless service to customers in this part of rural North Carolina. The transmitters are located at three locations:

153 Sigmon Road, Lexington
185 Chestnut Grove Church Road, Lexington
784 Mount Carmel Road, Lexington

Park City, Utah

On July 3, 2019 the company applied for WK2XIP, a new one-year experimental project:

“As part of its efforts to lead the industry in broadband innovation, Charter intends to conduct fixed wireless experiments in the 3550-3700 MHz band. The proposed operations will advance Charter’s understanding of 5G technology and network potential in mid-band spectrum and will advance the potential deployment of 5G fixed and mobile services.

“Charter will conduct the proposed test using antennas at a location in the Park City, Utah area. These experiments will evaluate the 3550-3700 MHz frequencies and 5G technologies for their use in real-time communications in a low-latency environment.

“The tests will utilize fixed transmitters with a 2km or smaller effective radius. The antennas will be mounted on a hydraulic mast attached to a mobile trailer, which will be located at the requested test location. The radios will be pointed towards the side of the mountain, the peak of which is higher than the peak height of the mast. The trailer mast can be raised to 10.4 meters.”

Colorado Springs, Colorado

An experimental license for WO9XXJ was filed July 18, 2019 to test a millimeter wave 5G network in the 37 GHz band. The license expires Jan. 28, 2020.

Charter Communications is not obligated to upgrade New York internet customers to a minimum internet speed of 300 Mbps, according to a letter of clarification directed to Stop the Cap! and received today from the New York State Department of Public Service.

DPS:

In the Commission’s 2016 order, Charter was required to offer broadband internet service with speeds up to 100 Mbps to all customers served by its New York networks (including its Columbia County systems) by the end of 2018; and offer broadband internet service with speeds up to 300 Mbps to all customers served by its New York networks by the end of 2019. At the time of the Commission’s decision, although Time Warner operated some systems in New York that were already capable of offering customer speeds up to 300 Mbps, the majority of Time Warner customers in Upstate New York were limited to broadband speeds of 50 Mbps.

Charter was therefore required to upgrade its network to be able to offer broadband service at speeds up to 300 Mbps by the end of 2019 but was not required to increase its minimum service offering to 300 Mbps. Charter has reported that it has complied with this condition ahead of schedule and Department of Public Service Staff has begun the process of independently field-testing Charter’s network to verify compliance with the condition.

Stop the Cap! raised this issue with the Commission as part of the recent settlement agreement between New York State and Charter Communications, and sought an official clarification. Approximately 40% of Charter’s national footprint now receives 200 Mbps download speeds while most New Yorkers receive just 100 Mbps for the same price, putting the state at a disadvantage.

Dampier

“The Commission’s language in the original merger agreement was unclear, because Time Warner Cable had already embarked on a statewide upgrade to its so-called ‘Maxx’ service tiers, which included free speed increases, negating most of the benefits of the state’s condition requiring Charter to upgrade broadband speeds as part of its terms to approve the merger,” said Phillip Dampier, founder and president of Stop the Cap! “In fact, this merger made things worse for New Yorkers because customers would have been getting Time Warner Cable Maxx speeds as much as a year earlier than what Spectrum finally delivered across the state, and customers would have been offered a number of options for less costly internet service that Spectrum dropped.”

Shortly after the merger was approved, Charter placed a moratorium on Time Warner Cable Maxx upgrades and spent months attempting to knit Charter’s existing systems with the much larger Time Warner Cable.

Time Warner Cable Maxx speeds were well on the way throughout Upstate New York before Charter acquired the company and issued an upgrade moratorium.

“Consumers already know from their cable bills that this merger was just another bad deal for New York, and now nearly half of Spectrum’s national service area gets twice the speed Upstate New York gets for the same price, and there is no pressure on the company to deliver any additional upgrades,” Dampier added.

Stop the Cap! also urged the Commission to do all it could to make life easier for customers in the New York City area, where Charter has been trying to rid itself of union technicians that have been on strike for over two years.

“For all the talk by state officials, including the governor, it appears there is no end in sight for this strike and customers are caught in the middle,” Dampier said. “We hear frequently from New York City consumers about substandard repair work and unacceptable installations that suggest the company is not using the best available workforce to take care of customer needs. Charter is making loads of money in profits and can afford to offer a square deal to workers to end this strike and get these technicians back to work.”

Most of these projects were previously designated as “Phase 3 Awardees,” but the FCC will now supply the funds needed to begin construction through the Connect America Fund.

The New York Public Service Commission on Thursday approved its final settlement proposal with Charter Communications in a 3-1 vote, allowing Spectrum to continue as the dominant cable operator in New York State.

The Commission rejected all recommended changes from consumer groups (including Stop the Cap!), industry trade associations, and service providers, preferring its own Settlement Agreement.

In July 2018, the PSC voted to rescind approval of the 2016 Merger Order that allowed Charter to assume control of Time Warner Cable franchise areas in New York. The Commission found that Charter had violated a key merger condition requiring the cable operator to expand its service area on a timely basis to reach 145,000 rural homes and businesses that lack broadband service. The Commission found Charter was attempting to count newly constructed condos and multi-dwelling units in the New York City area towards that commitment, which the Commission claimed violated the terms of the agreement. After Charter argued it had the legal standing to define its network buildout more broadly and on its own terms, the Commission held an emergency meeting where it took the unprecedented step of voting to de-certify the merger and throw the cable company out of New York.

The Commission and Charter’s lawyers began private negotiations almost immediately after the vote, signaling the Commission was amenable to settlement talks.

The final settlement approved last week, nearly one year after the vote, narrowly focuses on Charter’s rural broadband commitment, reaffirms and expands it with a new $12 million rural broadband fund paid for by Charter. The cable company also agreed to stop counting addresses in the New York City area towards it broadband expansion commitment, and will deposit a $2,800 payment to escrow for each address where Charter misses its target construction deadline.

“We’re pleased the PSC has approved the agreement, and we look forward to continuing to serve our customers and expanding the availability of high-speed broadband in New York State,” Andrew Russell, Charter spokesman told the (Albany) Times-Union. “We thank the PSC, Chairman Rhodes, the commissioners and staff for working with us throughout this process.”

The settlement details:

• Charter will complete the expansion of its existing network to pass 145,000 addresses entirely in Upstate New York. This expansion will not include New York City addresses, which the company had previously planned to include in an earlier buildout plan. To date, Charter has passed approximately 65,000 of the required 145,000 addresses. To comply with the settlement, the Department estimates that the company will invest more than $600 million, more than double the public benefit value estimated by the Commission in its 2016 merger approval.
• Charter’s expansion will be completed by September 30, 2021, in accordance with a schedule providing frequent interim enforceable milestone requirements, with corresponding reporting and accountability.
• Charter will also pay $12 million for additional broadband expansion projects at locations to be selected by the Department of Public Service and the New York State Broadband Program Office. Of the $12 million payments, $6 million will be administered by the New York State Broadband Program Office and $6 million will be paid into an escrow fund for work that will be completed by Charter at the State’s direction.

In Rochester, Stop the Cap! was disappointed to learn the PSC had rejected recommendations on improving the settlement.

“We feel all New Yorkers have paid a price for this bad merger, including skyrocketing cable bills and a yet to be determined number of rural residents that will fall through the cracks and end up serviced by no one,” said Phillip Dampier, the group’s founder and president. “We applaud the PSC requiring Charter to serve additional rural households, but every customer should get better service from Charter, including the 200 Mbps download speed that customers in many other states receive, and there must be a better solution for low-income residents that don’t qualify for Spectrum’s restrictive Internet Assist program and cannot afford $65 a month for internet access.”

Stop the Cap! today also filed a clarification request with the PSC about Charter’s internet speed commitment.

“There seems to be confusion about exactly what internet speed Spectrum should be offering its New York customers,” Dampier added. “The PSC seems to imply Charter has not yet met its obligation to increase internet speed to 300 Mbps by the end of 2019, while Charter considers the fact it offers gigabit service as evidence it has completed all of its speed obligations to New York State regulators. We want the PSC to clarify if it still expects Charter to offer 300 Mbps as a base speed to customers by the end of this year or whether the mere availability of speeds at or above 300 Mbps (which Time Warner Cable was already offering a significant part of New York a year before the Charter merger) has satisfied this merger condition.”

Charter Communications and the New York Department of Public Service announced a tentative settlement Friday that would allow Spectrum to continue providing cable TV, phone, and internet service in New York in return for a renewed commitment from the cable company to meet its 145,000 new passings rural broadband buildout agreement, commit to an expansion of that rural buildout, and in lieu of fines, pay $12 million in funds deposited in two escrow accounts to be used to help defray the costs of further broadband service extensions apart from Charter’s original commitments.

“Today the New York Department of Public Service jointly filed a proposed agreement with Charter Communications to resolve disputes over the network expansion conditions imposed by the Public Service Commission,” said Department of Public Service CEO John B. Rhodes in a statement issued Friday. “This proposed agreement will now be issued for a 60-day public comment period and remains subject to review and final action by the Public Service Commission.”

The agreement reinforces the state’s desire that Charter’s broadband expansion commitment be met by expanding service to homes and businesses in areas unlikely to get cable service otherwise, namely areas in Upstate New York. The state originally objected when Charter tried to count new passings in the highly populated New York City area as part of its expansion commitment. The new agreement requires the 145,000 homes and businesses newly passed be entirely Upstate, and completed no later than Sept. 30, 2021.

Only 64,827 new passings have been recognized by both parties as “completed” as of December, 2018

The proposed settlement gives insight into just how badly Charter failed to meet its original broadband expansion commitments, noting “Charter shall be deemed successfully to have completed 64,827 passings qualifying towards the Total Passings requirements of the Settlement Agreement and the 2019 Settlement Order, as of December 16, 2018.”

Charter’s record of failure on its rural expansion commitment is stark.

The original 2016 Merger Order required Charter to expand service to:

• 36,250 premises by May 18, 2017
• 72,500 by May 18, 2018
• 108,750 by May 18, 2019
• 145,000 by May 18, 2020

Charter did not even come close. Department Interim CEO Gregg C. Sayre said in 2017 that as of May 18 of that year, Charter had only extended its network to pass 15,164 of the 36,250 premises it was required to pass in just the first year after the merger.

In June 2017, New York fined Charter and required a $13 million ($12 million refundable to Charter if it complied) deposit be placed in escrow in an effort to get the company to comply with its buildout commitments. But Charter also failed to meet its commitments under that settlement as well:

• 36,771 premises by Feb. 16, 2017
• 58,417 by June 18, 2018
• 80,063 by Dec. 16, 2018
• 101,708 by May 18, 2019
• 123,354 by Nov. 16, 2019
• 145,000 by May 18, 2020

With just shy of 65,000 premises recognized as completed as of December, 2018 — almost three years after the merger — Charter was 15,236 premises short, based on the December 16, 2018 deadline. Within a few weeks from today, the company should have completed its 101,708th new passing. That seems extremely unlikely to actually happen.

Charter itself claimed in July, 2018, “Spectrum has extended the reach of our advanced broadband network to more than 86,000 New York homes and businesses since our merger agreement with the PSC.” That number is also suspect.

The company did not say if the expansion numbers it reported met the terms of the 2016 Merger Order, but Charter obviously thought those should be counted as legitimate new passings for the purpose of meeting its merger obligations. New York regulators clearly thought many of those expansions did not, and were infuriated when Charter began airing advertisements promoting its rural expansion in New York with what the state believed to be inflated numbers.

The Settlement

A review of the proposed legal settlement shows the Commission accepted many of the recommendations made by Stop the Cap! regarding the terms of any deal that would rescind last summer’s order revoking approval for the merger of Time Warner Cable and Charter Communications in New York State. We recommended the settlement focus on requiring an even greater expansion of rural broadband than originally envisioned, particularly in areas the state designated for HughesNet satellite internet access. We also recommended that any monetary fines be directed to further expansion of rural broadband, instead of being sent on to Albany to be added to the state’s general fund.

We noted that although Charter flagrantly violated the terms of the 2016 Merger Order, successfully removing the company from New York would likely result in years of litigation, and the likely entry of Comcast, which in our view is anti-consumer, and a much worse choice in terms of pricing and the quality of customer service. Comcast also imposes data caps in many of its service areas, a concept which Stop the Cap! obviously fiercely opposes. In our view, given a choice between Charter and Comcast, which would be the highly likely outcome, New York consumers would benefit (slightly) by keeping Spectrum service.

The terms

Reach 145,000 unserved/underserved New Yorkers with at least 100 Mbps internet access

• Charter is recommitted to expand rural internet service to 145,000 New Yorkers qualified as unserved (download speeds less than 25 Mbps available) or underserved (download speeds of 25-99.9 Mbps) entirely within Upstate New York.

Schoharie, NY

To ensure Charter does not simply choose “low-hanging fruit” to wire, such as new housing starts or urban business parks, the agreement limits Charter expansions to no more than 9,500 addresses in the urban and suburban areas adjacent to Albany, Buffalo, Mt. Vernon, Rochester, Schenectady, and Syracuse.

Additionally, Charter is restricted from expanding service to no more than 9,400 addresses that are scheduled to get (or already have) access to another wired provider because of a grant from the New NY Broadband Program.

But Charter is allowed to expand service to reach not more than 30,000 customers stuck on New York’s list of addresses designated to get HughesNet satellite internet. Stop the Cap! strongly recommended the Commission do all it can to require or encourage Charter to reach as many satellite-designated New Yorkers as economically feasible. The proposed agreement takes our recommendation into account, but we will urge the Commission to strike the 30,000 cap and allow Charter to reach as many of these disadvantaged customers as possible, and have it count towards their broadband expansion commitment. Those addresses designated to receive satellite service are the least likely to be reached by any commercial provider because of the costs to reach them, and they are too scattered across the state to make a public broadband alternative feasible.

Charter gets to include some ‘already-in-progress new passings’ towards its 145,000 new passings commitment: 5,993 passings located within Upstate Cities Charter would likely have serviced anyway; 4,388 wired overlap passings (where an existing telco or cable provider already offers service), and 9,397 addresses where wireless or satellite service was the only option.

A new “milestones” schedule is included for new buildouts, which partly explains why so many rural New Yorkers expecting to receive service by now are complaining about delays:

• 76,521 new premises by Sept. 30, 2019
• 87,934 by Jan. 31, 2020
• 99,347 by May 31, 2020
• 110,760 by Sept. 30, 2020
• 122,173 by Jan. 31, 2021
• 133,586 by May 31, 2021
• 145,000 by Sept. 30, 2021

If Charter again fails to stay on schedule, it must pay $2,800 for each designated-as-missed passing address into an escrow fund. If it chooses not to appeal that decision, or loses an appeal, those funds will be added to an Incremental Build Commitment fund described below.

Rural Broadband Expansion Fund #1 ($6 million) — Incremental Build Commitment

The first rural broadband expansion fund will contain $6 million dollars that Charter will pay into escrow and will be dedicated to defray Charter’s costs of constructing additional broadband passings above and beyond the 145,000 noted above. Charter itself or the state can designate the unserved addresses either want serviced, and Charter will be permitted to withdraw funds to pay for materials, construction, labor, licensing, and any permits required for these incremental expansion efforts. This money will be reserved for Charter to use for its own projects.

Rural Broadband Expansion Fund #2 ($6 million) — Incremental Broadband Fund

Although New York Gov. Andrew Cuomo promised broadband service for any New Yorker that wants it, his New NY Broadband Program left more than 80,000 New York homes and businesses behind because the program relied on private companies to bid to serve each unserved/underserved New York address. In especially rural areas, no company ultimately bid to reach those addresses because the subsidy funding offered by the state was too little to make the expansion investment worthwhile. In the end, those addresses were designated to be served by HughesNet, a satellite internet service provider. But HughesNet cannot guarantee its internet speeds, has draconian usage caps, and is very expensive. Customer satisfaction scores are also generally poor. For most, a wired internet solution is far preferable. To get one, New York would need to launch a new round of broadband funding, with a more generous subsidy to make construction costs to reach those unserved customers financially worthwhile.

The second $6 million rural expansion fund is more or less exactly that — an additional source of funds to try to reach those missed by earlier funding rounds. Most of the money in this fund would be awarded after a bidding process starting on or after Sept. 30, 2021. Any provider capable of offering customers at least 100 Mbps service will be qualified to participate in the first round of bidding to receive a portion of this money. The areas under consideration would be in existing Charter franchise areas or outside of a Charter-franchised area if both Charter and New York’s Broadband Program Office (BPO) agree. In most cases, for reasons of simplicity, we expect most this money will end up financing expansion projects just outside of Charter’s existing service area. So if you happened to live within a mile or two of an existing Charter customer, this money could be used by Charter to extend its network in your direction. Charter also enjoys the right of first refusal, an important advantage for the cable company. Charter could agree to service a designated address before it becomes open to a competitive bidding process.

The terms are generous to providers, who only have to agree to pay 20% of their own money to submit a cost-sharing bid. The fund would cover the remaining 80%, which would be particularly useful where the cost to extend a fiber connection to a rural neighborhood or development would run into the tens of thousands of dollars. The downside is that $6 million will not go very far in these high cost areas, where a single project could easily exhaust $50,000-100,000 just to reach a handful of homes and businesses. Assuming there are any funds left, the BPO will entertain bids in later rounds from wireless providers delivering at least 25 Mbps service, assuming no wired provider submits a bid. But it is just as likely the funds will be long gone before that happens. The state needs to choose the wording of its terms carefully. Charter could easily apply for funds to buildout new housing tracts or large development projects and business parks the company would have reached anyway. We recommend restricting these funds exclusively to projects that would otherwise fail a bidder’s own Return On Investment formula.

Stop the Cap! intends to be a participant in the comment round and we will share with readers our formal comments as they are submitted.