Time Warner Cable executives deliberately under provisioned and over promised Internet service to its subscribers in the State of New York and Charter Communications is allowing the practice to continue, claims New York attorney general Eric Schneiderman in a lawsuit filed earlier this week. It’s a follow on to an investigation kicked off in 2015.
Charter purchased TWC in May 2016. It took over operation of systems and customer equipment that couldn’t delivered speeds that were advertised or that customers purchased and “even now, [Charter] continues to offer Internet speeds that we found they cannot reliably deliver”, Schneiderman alleges. TWC went so far as to rig speed tests run by the Federal Communications Commission, according to the lawsuit…
[Time Warner Cable] leased older-generation modems to over 900,000 subscribers in New York State…However, [Time Warner Cable] knew that, in practice, these older-generation modems were incapable of achieving the Internet speeds its subscribers were led to believe they were paying for…
[Time Warner Cable] managed its cable network in a way that did not deliver the promised Internet speeds over any type of connection. It cut corners by packing too many subscribers in the same service group, which resulted in slower speeds for subscribers, especially during peak hours. It also failed to add more channels for each service group, which similarly resulted in slower speeds for subscribers…
[Time Warner Cable] further deceived the FCC by manipulating the average Internet speed results in the FCC’s speed tests. The company inflated the average speed results by providing increased Internet speeds when service groups were less utilized to offset (and conceal) test results showing slower speeds when the service groups had heavier usage. By gaming the FCC speed tests in this manner, [Time Warner Cable] concealed the fact that it failed to consistently deliver the promised speeds to its subscribers under actual network conditions.
Charter’s response to an enquiry from Ars Technica blamed TWC but stopped short of admitting there was actually a problem or promising that it would actually fix anything.