Time Warner Cable will not follow Comcast, Charter, Cox and Mediacom by imposing usage caps or move towards a compulsory usage-based billing scheme.

Yesterday, incoming CEO Robert Marcus told investors attending the Bank of America Merrill Lynch 2013 Media, Communications, and Entertainment Conference that he recognizes the majority of Time Warner Cable’s broadband customers want the company’s unlimited use offering and made it clear that option will continue to be available.

Marcus

“Most customers today — the vast, vast majority — take our unlimited offering and I think over time most customers will continue to take unlimited,” said Marcus, who currently serves as Time Warner Cable’s chief operating officer. “They value it and will be willing to pay for it. I think that is great and we have no desire to change that.”

However, Marcus also reflected on the revenue opportunities available to the company from its broadband offering, and signaled investors the company would continue to price the service commensurate with its perceived value.

“High Speed Data is a tremendous product for us,” Marcus said. “Our customers continue to use it more and more for all different sorts of applications. I think consumption growth year over year in the second quarter is somewhere north of 40 percent. It has been in that kind of range for a long time and we expect it to continue to grow at a pace like that for as long as we can see. With that increasing usage comes an increasing utility to customers and we believe an increasing willingness to pay for that incremental utility.”

Time Warner Cable increased its broadband average revenue per user (ARPU) by 9% for residential High Speed Data during the second quarter, with total broadband revenue up more than 12%, according to Marcus. Those revenue increases have been made possible by three things:

Less Costs More: *-With the FCC claiming the average Internet user consumes 28GB of broadband per month, this may explain why Time Warner Cable customers have little interest in the company’s 5GB Internet Essentials offer. (Chart: New America Foundation)

• Adding new broadband customers, mostly those abandoning telephone company DSL;
• Implementing general price increases on broadband service for existing customers and the introduction (and later increase) of modem rental fees starting last fall;
• Successfully encouraging customers to upgrade to faster speed tiers, which are sold at a higher cost.

Despite Marcus’ commitment to maintain unlimited broadband service for Time Warner Cable customers, the cable company is moving forward with several optional, usage-based tiers sold at a discount.

“There are customers who choose to consume less and we feel strongly that we need an offering for them which allows them to pay less and eliminate the structure where they have to subsidize the heavy users,” Marcus explained.

For more than a year, Time Warner has offered a little noticed, usage-limited plan for customers willing to confine their Internet browsing to a maximum of 5GB per month. The plan has not been popular with customers and very few have signed up. Time Warner announced earlier this summer they would try again.

“We’re now in the process of rolling out yet another usage-based tier of service which I think is a more meaningful one because it comports with what real-life usage is like, which allows customers to use 30GB a month of service again at a discount from the unlimited pricing,” said Marcus. “When you put 30GB in context, our average usage today is about 50GB a month, median usage is actually less than 30GB, so for some customers there is going to be an economically rational reason for them to choose that 30GB tier. I expect the take rate will be certainly higher than for the 5GB service.”

Marcus, like the current CEO Glenn Britt, admits the company is attempting to educate customers that broadband usage carries a cost.

“There is a principle at stake: that value, price and usage are related to one another and that is important over time,” Marcus said.

Comcast rates are going up again this fall in the Pacific Northwest, now exceeding $70 a month.

At least 600,000 cable customers in Oregon and southwestern Washington will pay 4.4 percent more for 100-channel television service beginning this October, raising the cost of Standard basic cable to $70.49 a month.

Despite threats of cord cutting, customers in the Pacific Northwest have remained loyal to the idea of paying for television, according to Fred Christ, policy director for the Metropolitan Area Cable Commission in Washington County.

“Subscriber numbers remain steady,” Christ told The Oregonian. “People still don’t see an easy alternative to Comcast, Frontier (FiOS TV), or the satellite providers, all of which cause more or less the same amount of pain.”

The newspaper notes sports programming may not be the cause of this year’s rate increase.

The cost of Comcast’s discounted “Digital Economy” cable package, which excludes most expensive sports networks, is rising at nearly double the rate of Standard Cable, up 8.6 percent this fall to $37.95 a month.

For those who cannot afford traditional Standard cable television, Comcast’s limited basic service, which primarily consists of local TV channels, runs $12-22 a month depending on the customer’s location. It also increased in price by about $1.30 a month in August.

Comcast may not mind cord cutters too much, because it reaps significant profits from the broadband service that powers online viewing. Comcast raised speeds from 15 to 20Mbps last spring along with the price. The popular “Performance” tier now costs $53.95 a month.

Comcast is testing the reintroduction of usage caps in a handful of service areas, typically providing up to 300GB of usage per month before overlimit fees kick in. But those Internet usage limits do not yet apply in the Pacific Northwest.

Comcast blamed the rate increases on network enhancement investments including faster Internet speeds, more multi platform video and better customer service. Comcast is currently introducing its new X1 cable box that makes finding programming easier.

Customers can avoid the worst of the price increases by choosing a bundled service package, which will see a lower rate increase. Current customers can also call Comcast to negotiate a better deal by threatening to cancel service.

Mediacom, the worst-rated cable operator in the United States, claims it needs usage caps and consumption billing to force heavy users to pay for needed upgrades. But that isn’t what Mediacom’s executives are telling investors and the Securities and Exchange Commission (SEC).

Thomas Larsen, group vice president of legal and public affairs for Mediacom told The Gazette the consumption-based billing program was intended to pay for the cost of network upgrades incurred by “individuals who are the highest users.”

But Mediacom’s August 10-Q filings (Mediacom LLC and Mediacom Broadband LLC) with the SEC indicate Mediacom’s revenues are increasing faster than the cable operator’s costs to provide service, as customers upgrade to more costly, faster speed Internet tiers.

“Revenues from residential services are expected to grow as a result of [broadband] and phone customer growth, with additional contributions from customers taking higher speed tiers and more customers taking our advanced video services,” Mediacom reports. “Based upon the speeds we offer, we believe our High Speed Data (HSD) product is generally superior to DSL offerings in our service areas. As consumers’ bandwidth requirements have dramatically increased in the past few years, a trend we expect to continue, we believe our ability to offer a HSD product today with speeds of up to 105Mbps gives us a competitive advantage compared to the DSL service offered by the local telephone companies. We expect to continue to grow HSD revenues through residential customer growth and more customers taking higher HSD speed tiers. “

Mediacom’s consumption billing program, already in effect for new customers, will be imposed on all Mediacom broadband customers starting in September. Larsen claims only about three percent of customers will be impacted by the usage allowance, which will include 250GB of usage for customers selecting the company’s most popular speed tier. Larsen also claimed the average Mediacom customer uses only 14GB per month.

That usage profile is below the national average, and leads to questions about why Mediacom needs a usage allowance system when 97 percent of its customers do not present a burden to the cable company.

“Once a customer reaches their monthly allowance,  for $10 they can purchase an additional 50GB a month of capacity,” Larsen explained. “Each time that they reach that next level, they’ll be able to purchase another allotment. We’re never going to stop you from using data, we’re just going to charge you more if you exceed your monthly allowance. Before, we could cap you, there was no mechanism for them to purchase more.”

Mediacom did not frequently enforce its usage caps in the past except in instances where usage levels created problems for other customers. Despite Larsen’s assertion Mediacom would spent the overages collected from heavy users on broadband upgrades, Mediacom’s report to the SEC indicates broadband usage has never been a significant burden for the cable operator:

Our HSD and phone service costs fluctuate depending on the level of investments we make in our cable systems and the resulting operational efficiencies. Our other service costs generally rise as a result of customer growth and inflationary cost increases for personnel, outside vendors and other expenses. Personnel and related support costs may increase as the percentage of expenses that we capitalize declines due to lower levels of new service installations. We anticipate that service costs, with the exception of programming expenses, will remain fairly consistent as a percentage of our revenues.

Although Mediacom reported field operating costs rose 7.6%, much of that increase was a result of greater fiber lease and cable location expenses on its wireless backhaul business for cell towers and greater use of outside contractors. In the company’s latest 10-Q filing, Mediacom reports its revenues increased 2.9 percent in the past year while its costs rose only 1.5 percent. Mediacom’s revenues from its broadband division are even more rosy, rising 9% in the past year alone. In fact, broadband is the company’s highest growth residential business.

Many of Mediacom’s long-standing customers were initially promised they would be exempt from usage caps, with only new customers subject to usage limits. But Mediacom has unilaterally changed their minds, much to the consternation of some customers.

As of this afternoon, Mediacom is still promising customers usage caps only apply to new customers and those making plan changes.

“It is my belief a man’s word is gold and when Mediacom customers have been told for ages they were grandfathered in with no usage data charges unless they changed plans, that is how it is supposed to be,” said D. Gronceski. “I have explicitly turned down service increases in the past to stay on the unlimited usage plan originally offered by Mediacom […] so I get screwed twice, once for bandwidth caps and again because I’m not getting the services I would be getting if I had not refused the automatic increases.”

Other customers incensed about the new usage limits have called to cancel service only to be threatened with steep early termination fees.

“Why do I have to pay an early termination fee?” asked AustinPowersISU. “The way of billing for the service is changing and I do not agree to this method of billing. I should be allowed to terminate my service without paying a fee.”

A Mediacom social media team representative offered one suggestion for customers finding themselves quickly over their usage limits: upgrade to faster speed tiers at a higher price. As for complaints about the unilateral introduction of usage caps with overlimit fees, it’s tough luck for customers, on contract or off:

All Internet users will be held to the new terms of service and usage based billing as of Sept. 7, 2013.  There is no agreement to sign, no acknowledgement needed.  Continuing to utilize Internet services is acceptance of these changes. If for any reason you do not feel that your current service level meets your needs, let us know and we can have a representative contact you with further options.

[…] Per the posted terms of service and acceptable use policy, there has always been an established data consumption threshold (data allowance) to be enforced at Mediacom’s discretion.  With this change, we have clarified these methods of enforcement and have expanded the allowance to offer different levels of users different options.  We have notified the proper departments of possible additions, but these statements are and have been posted.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCRG Cedar Rapids Mediacom Going Usage Billing 8-21-13.mp4[/flv].

KCRG in Cedar Rapids reports Mediacom is switching to consumption billing for broadband service in September.  (2 minutes)

Sony’s bid to enter the “over-the-top” online video business has gotten a shot in the arm with news it has reached a preliminary agreement with Viacom, Inc., to carry its popular cable networks on the Japanese electronics giant’s planned online subscription TV service.

Sony wants to build its own virtual cable television service, offering live and on-demand programming delivered over broadband lines in direct competition with cable and phone companies Comcast, Time Warner Cable, AT&T and Verizon.

Getting agreements with traditional must-have cable networks like Comedy Central, ESPN, and USA have been difficult because the networks fear alienating their traditional customers — large cable, telco and satellite TV companies.

The Wall Street Journal reports Viacom’s agreement remains preliminary at the moment and the final details have yet to be worked out. If a final agreement is reached, it will be a breakthrough for so-called online cable systems which have gotten nowhere with other cable network owners, including Comcast-NBC, Walt Disney, Time Warner, and CBS.

Cable executives have repeatedly warned that a wider distribution of cable network programming would make them more reluctant to pay higher prices for the cable networks because of the loss of relative exclusivity. Many cable programming contracts restrict the ability of network owners to sell to would-be online competitors.

Viacom has had contentious relationships with cable and satellite companies in the past, so observers suggest it is no surprise Viacom would be among the first to break with tradition. Viacom’s CEO, Sumner Redstone, also controls CBS which is currently off Time Warner Cable systems in three major cities and has had its pay movie channels Showtime and The Movie Channel blacked out on Time Warner systems nationwide. If Sony’s service gets off the ground, CBS could ask Time Warner customers to sign up with Sony instead to get those networks back.

Cord Cutting is Real (Graphics: The Wall Street Journal)

Competing online video services from Intel and Google have largely gone nowhere because of stalled programming negotiations. How Sony managed a breakthrough remains a mystery. To secure rights, Sony may have been asked to sign a lengthy contract with favorable financial terms for Viacom, or Sony might have agreed to carry the full roster of Viacom-owned cable networks, which include:

The next generation of the Sony PlayStation may be your next cable box.

• BET
• CMT
• Comedy Central
• Logo
• MTV
• MTV2
• Nick at Nite
• Nick Jr.
• Nickelodeon
• Nicktoons
• Palladia
• Spike
• TeenNick
• Tr3s
• TV Land
• VH1

A source told the Journal Sony hopes to launch its new venture by the end of the year, perhaps on the next generation of Sony’s PlayStation gaming console due soon. Sony also could offer the service on its line of Bravia high-definition televisions, as well as tablets and smartphones.

The Journal:

People who have seen demonstrations of Sony’s system say it has some features that are appealing in comparison to traditional pay TV distributors, including one that recommends shows for users based on what they’ve previously watched. Content providers are allowed to supply some of those recommendations, so they can steer users to other episodes on their channels, according to the people familiar with the matter. Sony provides other content suggestions for viewers based on an algorithm.

The development of online cable television in direct competition with large cable and phone companies could spark a new wave of broadband usage restrictions including usage caps and metered billing. The same telecom companies that earn a substantial part of their revenue selling cable television service are likely to find it unsettling to discover Sony undercutting them on price and using “their” broadband lines to do it. Placing restrictions on the amount of broadband traffic a customer can use each month would deliver a significant deterrent to would-be cord cutters.

Worst

Broadband customers in Lawrence, Kan. have been liberated from Internet Overcharging schemes after years of usage-capped Internet access from Sunflower Broadband and Knology.

WideOpenWest’s (better known as WOW!) acquisition of Knology, which in turn purchased Sunflower Broadband from the local newspaper, means usage limits are a thing of the past.

Consumer Reports has top-rated WOW! for customer friendly service, and banishing usage caps is an example of why the cable company earns such high marks.

The company reminds customers that “all WOW! Internet speeds have no usage caps.”

Sunflower Broadband originally offered four different broadband plans, only one without usage caps. Lawrence customers did get speed upgrades faster than many other cable broadband customers, but most were accompanied with draconian usage limits.

Bad

♦ Bronze: Originally offering 3Mbps/256kbps service, Sunflower’s “lite” usage plan included a 3GB monthly usage limit boosted by Knology in 2012 to $22.95/month offering 3/1Mbps service and a still ridiculously low 5GB usage limit. WOW! has kept the lite plan but removed the usage cap.

♦ Silver: Sunflower’s equivalent of Standard Internet service offered 10/1Mbps broadband with a 50GB usage cap. Knology raised the price to $37.95, left the 50GB cap intact and increased speeds to 18/2Mbps. WOW! dropped the cap.

♦ Gold: Sunflower’s premium 50/1Mbps service offered 250GB of usage for under $60 a month. When Knology took over, speeds were boosted to 50/5Mbps along with the price: $62.95 a month. But the usage cap stayed the same. Today WOW! continues the plan without any caps.

Much Better

♦ Palladium: Sunflower responded to customer complaints about metering Internet usage by offering residents a trade — an unlimited use plan with no speed promises. Palladium could be as slow as 2Mbps during peak usage, 25Mbps when traffic was very low. Knology kept the plan and its 1Mbps upload rate, but raised the price to $47.95 a month. WOW! dumped Palladium altogether, replacing it with a 30/2Mbps unlimited use plan for customers who don’t want to pay $63 a month for the Gold plan.

A number of Lawrence customers annoyed with Sunflower and Knology switched to AT&T U-verse when it was introduced locally. Although U-verse has a 250GB usage cap, Lawrence residents report it remains unenforced.

Stop the Cap! reader Mike, who shared the news WOW! had recently shelved the caps, tells us he switched to AT&T years ago and is happy with their service.

“So far, their cap is not enforced at all here,” Mike writes. “The minute they start enforcing it, I’ll switch to WOW!”