THE NYS ASSEMBLY REMAINS INDIFFERENT TO THE CITY OF NEW YORK’S FIVE-CENTS PLASTIC BAG FEE

WHAT YOU SHOULD KNOW 
By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York 

You should know that the Members of the New York State Assembly are apparently being indifferent and will allow the City of New York to impose a five cents (5 ¢) fee per plastic bag on its residents and shoppers.

This new law, approved by Members of the New York City Council, will affect senior citizens, the poor, the needy, shelter families, struggling families, and everyone who uses plastic bags when shopping for groceries.

As you know, there were only 10 Democratic Senators, together with myself, who joined the Republicans in the Senate to support a bill sponsored by Senator Simcha Felder, to reject the City of New York’s five cents (5 ¢)per plastic bag fee to shoppers in the five boroughs.  

These are the Democratic Senators who joined me and voted against the (5 ¢) per plastic bag fee: Joseph Addabbo, Tony Avella, Leroy Comrie, Simcha Felder, Michael Gianaris, Jeff Klein, José Peralta, Roxanne Persaud, Diane Savino, and David Valesky.

Thanks to our efforts, the New York State Senate voted in favor of stopping New York City from charging this five cents (5 ¢) fee. 

However, in order for it to be stopped, it is necessary for the Members of the New York State Assembly to follow the lead of the Senate and also vote against the imposition of this new tax.

It is very important for you to know that as of this moment, the Members of the New York State Assembly have been indifferent and have not even taken a vote, joining the Senate, to stop the City of New York from imposing this extra burden on our most vulnerable and needy people.

My dear reader, the irony of this story is that starting Wednesday, February 15, the day after Valentine’s Day, the residents of the City of New York will receive this post Valentine’s Day gift, unless the New York State Assembly takes a position to stop it, as the Senate already did.

I am Senator Reverend Rubén Díaz and this is what you should know.

Editor's Note:

It is hard to believe that State Senator Reverend Ruben Diaz Sr. has no influence with the Speaker of the Assembly Carl Heastie who he and his son helped become the Bronx Democratic County Leader in 2008.

It is also hard to believe that State Senator Reverend Ruben Diaz Sr. has no influence with Assemblyman Marcos Crespo who replaced Carl Heastie as the Bronx Democratic County Leader. 

It is also hard to believe that State Senator Reverend Ruben Diaz Sr. has no influence with the new Bronx Democratic County Committee Chair Assemblywoman Latoya Joyner.

One might be able to believe that State Senator Reverend Ruben Diaz Sr. has no influence with the former Bronx Democratic County Committee Chair Assemblyman Jeffrey Dinowitz of Riverdale. 

So State Senator Reverend Ruben Diaz Sr. where is your influence with the State Assembly since we know that you have no influence in the State Senate. 

And State Senator Reverend Ruben Diaz Sr. the voters of the 18th City Council District should know that you will have no influence in the City Council. 

State Senator Reverend Ruben Diaz Sr. has not been able to bring valuable resources to his district, and will not be able to bring any more resources to the council district than his predecessor. 

By the way State Senator Reverend Ruben Diaz Sr. there are only three other Republicans in the New York City Council.

That is what the voters of the 18th council district need to know.

BRONX ELECTED OFFICIALS WRITE LETTER TO MAYOR REQUESTING MORE INFORMATION ON PLANNED RECONSTRUCTION OF RODMAN’S NECK

Following the city’s formal announcement to include $275 million in their preliminary budget for the reconstruction of the NYPD Rodman’s Neck training facility, Bronx elected officials wrote a letter to Mayor Bill de Blasio requesting the city prioritize and provide more information on the proposed new gun ranges, which in their current state have been the source of negative environmental impacts that have plagued the surrounding community for decades.  

Senator Jeff Klein, Assemblyman Michael Benedetto and Assemblyman Mark Gjonaj asked that the city construct the six new outdoor gun ranges equipped with sound baffles early on in the reconstruction phase, release any findings to the public that back the city’s claim that these sound mitigation structures will reduce noise to an ambient level and provide additional information regarding future controlled bomb detonations at the site.

While the lawmakers are thrilled that the city dedicated funds for the much anticipated improvements — especially the $73 million dollars designated for the new gun ranges — their constituents in coastal communities surrounding Rodman’s Neck deserve more answers.  

“I applaud the city for dedicating $275 million for the much needed reconstruction of Rodman’s Neck NYPD training facility. That investment, along with a commitment to have the project completed within 5-7 years, is an ambitious goal that previous administrations have been unable to fulfill. However, the coastal communities surrounding this facility have endured years upon years of noise and environmental pollution. I believe it’s only fair that these long-suffering residents receive some data to back the promised noise reduction, and the assurance that these new gun ranges will be prioritized early on in the construction process,” said Senator Klein.

“The city's allocation of $275 million to reconstruct the Rodman’s Neck NYPD training facility is a step in the right direction towards enhancing the quality of life for City Island residents. For years they have voiced concerns over the noise and environmental pollution stemming from the outdated facility. While this investment is a welcomed one, I look forward to reviewing the data collected by the administration that will assure me and my colleagues that these concerns will be minimized,” said Assemblyman Gjonaj.

“The $275 million appropriation is a giant step in what needs to be done in Rodman’s Neck, and I applaud our Mayor for finally listening to the pleas of the City Island community. However, there is still a lot more to do, such as cleaning up the contamination of our soil and water way and finding another home for the bomb detonation unit,” said Assemblyman Benedetto.

In addition to noise concerns, the current gun ranges at Rodman’s Neck have generated heavy metal contamination from the high volume of spent shells. Besides the $73 million for the new gun ranges, the city plans to allocate $51 million dollars for a new tactical village, which will offer officers active shooter exercises. The city has also set aside $54 million dollars for a facility that provides gun services and ammunition storage. Lastly, $97 million dollars has been appropriated for the installation of utilities at the site, such as gas and water.

Mayor Bill de Blasio January 31, 2017

City Hall

New York, NY 10007

Dear, Mayor de Blasio,

We are writing in response to the announcement of a $275 million investment into the New York City Police Department Training Facility housed at Rodman’s Neck.  We want to thank you for dedicating funds to address this community’s concerns regarding Rodman’s Neck and for honoring the promise you made to this community at the town hall held last August.  The $275 million and a commitment to have the project completed within 5-7 years is an ambitious goal that previous administrations have been unable to fulfill.  However, this urgency is precisely what the NYPD’s highest capital improvement request should be receiving.  

Speaking with our constituents, we know this community values the service of every city official and police officer that utilizes this facility.  We will continue to welcome these dedicated public servants into our community for their biannual training, and hope that they return often to see everything it has to offer.  

As you are also aware, we have also been vocal about the negative environmental impacts the range presents to coastal neighborhoods and communities.  The environmental concerns that have been brought to our attention involve heavy metal contamination and the noise pollution generated by the range.  

Our understanding, based on the January 31 press conference held at Rodman’s Neck,  is that the infrastructure improvements will be a priority early in the project.  Our hope is that your administration can further sympathize with the concerns of our constituents. We encourage that the $73 million that has been designated to address the outdated outdoor shooting ranges be prioritized, as they are the source of much of the negative effects listed above. We ask that every effort be made to address those concerns in earliest construction phase the project specifics will allow for.

Additionally, we would be interested to the degree in which the these renovations will mitigate the noise pollution for residents in addition to the noted environmental concerns.  The sound baffling structures discussed at the press conference were said to have a substantial effect, decreasing noise pollution to ambient levels.  The infrastructure improvements to the facility also address several environmental concerns that the community has long been reported by residents. Respectfully, we ask that any data your administration gathered in the planning stages, prior to this announcement, that describes the degree to which noise pollution will be reduced and specifics regarding the environmental impact of these renovations be released to the public.  This will provide further assurances that these changes will provide the lasting effects that our constituents have been waiting on for many years and will provide additional transparency that previous proposals have not allowed for.  

While it is important that the community’s needs are addressed promptly, it is also vital that the police officers are given an adequate space to perform their fire arms training.  Residents have expressed an interest in having a liaison from the New York City Police Department provide periodic updates regarding this project for the community and also provide these updates monthly at the 45th Precinct Community Council Meetings.  

Lastly, we request additional information regarding the controlled detonations being conducted at this facility and hope that some of these improvements will also allow for a more refined approach to these detonations than is currently being utilized.  Increasing community notification regarding these controlled demolitions is an improvement, however and we hope that the process will continue to be refined.  

Thank you once again for this important step towards realizing the vision of Rodman’s Neck that has been sought after by the surrounding communities for many decades.  We hope that these improvements will result in a training facility worthy of this great city and the brave public servants who protect us.

Sincerely,

Senator Jeffrey D. Klein

Independent Democratic Conference Leader

Assemblyman Michael Benedetto

Assemblyman Mark Gjonaj

Wave Hill Events Feb 17–Feb 24

What do you do with a month like February? Too wintry, and too soon for any suggestion of spring. The remedy: a Sunday afternoon of superb music-making by a pair of rising young musicians. Pair it with a walk through the gardens, as brisk or as leisurely as whimsy takes you, and perhaps a pre-concert tea in the Mark Twain Room.

Of course, if you looking for a way to spend some time with school-age kids who are off this week, please note our three afternoons of art-making, a fine way to combine getting some fresh air in the gardens with some creative time that will help you both appreciate the season. P.S. There’s a sale on kids’ stuff in The Shop, too.

SAT, FEBRUARY 18    FAMILY ART PROJECT: KINDRED TOTEM POLES

Gain inspiration from the Pacific Northwest Indians, who used fallen trees to create totem poles detailing the history of family and tribe members. Using colorful paper and vibrant, bold designs, we’ll sculpt the characters around us, and then step into a “photo booth” to make an interactive family totem. Free, and admission to the grounds is free until noon. 

WAVE HILL HOUSE, 10AM‒1PM

SAT, FEBRUARY 18    GARDEN & CONSERVATORY HIGHLIGHTS WALK

Join us for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

SUN, FEBRUARY 19    FAMILY ART PROJECT: KINDRED TOTEM POLES

Gain inspiration from the Pacific Northwest Indians, who used fallen trees to create totem poles detailing the history of family and tribe members. Using colorful paper and vibrant, bold designs, we’ll sculpt the characters around us, and then step into a “photo booth” to make an interactive family totem. Free with admission to the grounds. 

WAVE HILL HOUSE, 10AM‒1PM

SUN, FEBRUARY 19    PRE-CONCERT TEA

Enjoy Afternoon Tea in the Mark Twain Room prior to today’s concert in Armor Hall. The Café at Wave Hill pairs a classic menu with an assortment of green, black and herbal teas. This traditional tea service includes the four classic elements of savory, scones, sweets and tea. The menu, presented by Great Performances, includes an array of tea sandwiches, scones and bite-sized desserts. Afternoon Tea also includes a glass of sparkling wine. Afternoon Tea Service is $36. Wave Hill Members receive a 10% discount. Advanced registration is required online atwavehill.org. We will take reservations until noon, Friday, February 17.

WAVE HILL HOUSE, NOON

SUN, FEBRUARY 19    CONCERT: CANELLAKIS–BROWN DUO

Hailed as “a pair of adventurous young talents” (Time Out New York), the Canellakis-Brown Duo, comprised of cellist Nicholas Canellakis and composer/pianist Michael Brown, has been captivating audiences with its superb musicianship and thrilling performances of innovative programs that combine masterpieces from the standard repertoire with original compositions and arrangements. In Fall 2017, the Chamber Music Society of Lincoln Center presents the Duo’s American Romantic program in its Art of the Recital Series. At Wave Hill, the artists offer works by Beethoven, Mendelssohn, Shostakovich, Brown and Bulgarian folk tunes arranged by Canellakis. Adults $28/$22 Wave Hill Member, children (ages 8-18) $15/$12 Member child. Order tickets online at wavehill.org or onsite at the Perkins Visitors Center. For additional information, please call718.549.3200 x251.

WAVE HILL HOUSE, 2PM

SUN, FEBRUARY 19    GARDEN & CONSERVATORY HIGHLIGHTS WALK

Join us for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

MON, FEBRUARY 20    

Closed to the public

TUE, FEBRUARY 21    FAMILY WORKSHOP: WINTER WEATHER TAPESTRIES 

Spend one, two, or three vacation-week afternoons making wintry art together as a family. Winter snow softens the shapes of the outside world and adorns trees and buildings with delicate flakes and icicles. Drawing inspiration from the shimmery winter weather, weave a tapestry of soft yarn, puffy snowball pompoms and crystalline beads, and hang it from a found twig to evoke the textures of a snowy day. This program is geared towards families with children between the ages of five and 10. Space is limited. $25/$15 Wave Hill Member per session includes one child and one adult. Additional child or adult is $10. Registration required, online atwavehill.org, or onsite at the Perkins Visitor Center.

WAVE HILL HOUSE, 1:30–3PM

TUE, FEBRUARY 21    FAMILY SALE IN THE SHOP

Visitors enjoy 20% discounts on all kids’ merchandise through Thursday, February 23.

PERKINS VISITOR CENTER, 10AM–4PM

WED, FEBRUARY 22    FAMILY WORKSHOP: SNOWY, FELTED SCULPTURES

Spend one, two, or three vacation-week afternoons making wintry art together as a family. Playing with snow is one of winter’s delights. Using an easy felting technique, build a snowy sculpture that can live with you all year. Sculpt a soft, wintry creature of your own imagining with fleecy fibers, warm water and soap. Then add beads, baubles and natural materials to embellish your cool creation.This program is geared towards families with children between the ages of five and 10. Space is limited. $25/$15 Wave Hill Member per session includes one child and one adult. Additional child or adult is $10. Registration required, online atwavehill.org, or onsite at the Perkins Visitor Center.

WAVE HILL HOUSE, 1:30–3PM

WED, FEBRUARY 22    FAMILY SALE IN THE SHOP

Visitors enjoy 20% discounts on all kids’ merchandise through Thursday, February 23.

PERKINS VISITOR CENTER, 10AM–4PM

THU, FEBRUARY 23    FAMILY WORKSHOP: FROSTY, 3-D LANDSCAPES

Spend one, two, or three vacation-week afternoons making wintry art together as a family. Winter landscapes have many layers, from grey clouds and snow-laden trees and buildings, to winter birds and single snowflake crystals. Memorialize your favorite winter scene in a 3-D painting using an icy palette and layers of acetate sheets to give your scene depth. Finish your work with a sparkly, snowy frame.This program is geared towards families with children between the ages of five and 10. Space is limited. $25/$15 Wave Hill Member per session includes one child and one adult. Additional child or adult is $10. Registration required, online atwavehill.org, or onsite at the Perkins Visitor Center.

WAVE HILL HOUSE, 1:30–3PM

THU, FEBRUARY 23    FAMILY SALE IN THE SHOP

Visitors enjoy 20% discounts on all kids’ merchandise through today.

PERKINS VISITOR CENTER, 10AM–4PM

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM.  Closes 5:30PM, March 15–October 31.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

Assemblyman Mark Gjonaj, 

Senator Jeff Klein 

& Assemblyman Michael Benedetto 

invite you to celebrate 

BLACK HISTORY MONTH 

Please join us for breakfast on:

Saturday, February 25th,2017

Time: 11:00am

Villa Barone Manor

737 Throgs Neck Expressway

Bronx, NY 10465

RSVP IS REQUIRED

To RSVP, call  (718) 822-2049

Con Edison Shores up Light Pole Until it is Replaced

In a story I did only yesterday, Con Edison has showed up in less than 24 hours to shore up this light pole which will be soon replaced according to workers.

Does This Light Pole Need to Be Replaced?

Below is what it looked like as Con Edison workers brace this leaning power pole.

Above - Two Con Ed trucks are needed to do the work of placing temporary braces on this bending pole.

Below - Con Ed workers are drilling through the center of the pole to attach the wooden braces until the pole can be replaced with a new one.

Bronx Teacher Charged With Animal Welfare Violations For Cockfighting Venture

Hector M. Cruz Charged with Raising, Training, and Selling Roosters for Cockfighting at a Backyard Farm in the Bronx

   Preet Bharara, the United States Attorney for the Southern District of New York, Bethanne M. Dinkins, Special Agent-in-Charge of the U.S. Department of Agriculture, Office of Inspector General (“USDA-OIG”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that HECTOR M. CRUZ was arrested today for possessing, selling, and transporting roosters for purposes of participation in animal fights around the United States. The defendant is expected to be presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Hector Cruz ran a cruel and illegal business of raising and selling roosters for the purpose of vicious cockfights where knives and other sharp instruments are attached to the fighting roosters’ legs. Thanks to the work of the U.S. Department of Agriculture, Office of the Inspector General and the NYPD, Cruz’s days of allegedly profiting from this inhumane business are over.”

Special Agent-in-Charge Dinkins said: “The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling. Together with the Department of Justice, animal fighting is an investigative priority for USDA-OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

NYPD Commissioner James P. O’Neill stated: “Cockfighting often leads to the cruel killing of roosters. Hector Cruz’s arrest will stop the breeding and training of roosters for cockfighting at his facility in the Bronx.”

According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:

Cockfighting is an activity in which knives, gaffs, or other sharp instruments are attached to the legs of roosters for the purpose of fighting each other. The fights between roosters end when one rooster is dead or refuses to continue to fight. If not killed during the fight, the losing rooster is typically killed afterwards. Roosters involved in cockfighting will often be mutilated in preparation for fights, typically by cutting off the rooster’s comb and wattle and shaping the rooster’s spur. Individuals who breed roosters for cockfights often cross-breed particular types of roosters in order to produce hybrid breeds that will excel as fighters.

From December 2012 up to January 2017, HECTOR M. CRUZ, a New York City public school teacher, maintained a rooster farm at a location in the Bronx, where he bred, raised, and trained roosters for cockfighting. CRUZ sold and shipped his roosters to individuals across the country, knowing that the birds were intended for cockfights. CRUZ communicated with customers through social media and received payments of as much as $600 for fighting birds.

CRUZ, 59, of the Bronx, New York, is charged with selling, possessing, and transporting animals for purposes of participation in an animal fight, which carries a maximum penalty of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the USDA-OIG and the NYPD Animal Cruelty Investigation Squad and thanked them for their ongoing support and assistance with the case.

The prosecution of this case is being overseen by the Office’s General Crimes Unit. Assistant U.S. Attorneys Michael C. McGinnis and Alison G. Moe are in charge of the case.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

---

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

A.G. Schneiderman Announces Lawsuit Against Spectrum-Time Warner Cable And Charter Communications For Allegedly Defrauding New Yorkers Over Internet Speeds And Performance

Complaint Alleges Nation’s Second-Largest Internet Service Provider Systematically And Knowingly Failed To Deliver The Reliable And Fast Internet Access It Promised To Subscribers Across The State 

Suit Seeks To Compensate Spectrum-Time Warner Cable Subscribers For Five Years Of Broken Promises And Damages And Restitution That Could Be Worth Upwards Of Hundreds Of Millions Of Dollars

   Attorney General Eric T. Schneiderman today announced a lawsuit against Charter Communications Inc. (“Charter”) and its subsidiary Spectrum Management Holdings, LLC, (f/k/a Time Warner Cable, Inc.,) (together, “Spectrum-TWC”) for allegedly conducting a deliberate scheme to defraud and mislead New Yorkers by promising internet service that they knew they could not deliver.

The complaint alleges that since January 2012 Spectrum-TWC’s marketing promised subscribers who signed up for its Internet service that they would get a "fast, reliable connection" to the Internet from anywhere in their home. But a 16-month investigation by the Attorney General’s office – which included reviewing internal corporate communications and hundreds of thousands of subscriber speed tests – found Spectrum-Time Warner subscribers were getting dramatically short-changed on both speed and reliability.

The suit alleges that subscribers’ wired internet speeds for the premium plan (100, 200, and 300 Mbps) were up to 70 percent slower than promised; WiFi speeds were even slower, with some subscribers getting speeds that were more than 80 percent slower than what they had paid for. As alleged in the complaint, Spectrum-TWC charged New Yorkers as much as $109.99 per month for premium plans could not achieve speeds promised in their slower plans. 

“The allegations in today’s lawsuit confirm what millions of New Yorkers have long suspected -- Spectrum-Time Warner Cable has been ripping you off,” said Attorney General Schneiderman. “Today’s action seeks to bring much-needed relief to the millions of New Yorkers we allege have been getting cheated by Spectrum-Time Warner Cable for far too long. Even now, Spectrum-Time Warner Cable continues to offer Internet speeds that we found they cannot reliably deliver.”

The AG’s investigation also found that Spectrum-TWC executives knew that the company’s hardware and network were incapable of achieving the speeds promised to subscribers, but nevertheless continued to make false representations about speed and reliability. The investigation further revealed that while Spectrum-TWC earned billions of dollars in profits from selling its high-margin Internet service to millions of New York subscribers, it repeatedly declined to make capital investments necessary to improve its network or provide subscribers with the necessary hardware.

As the complaint alleges, Spectrum-TWC continues to underserve their subscribers by failing to make the capital investments necessary to live up to their promised speeds. These investments would include substantially upgrading Spectrum-TWC’s network capability and replacing large numbers of deficient modems and wireless routers that subscribers currently pay Spectrum-TWC up to $10 per month to rent.

Spectrum-Time Warner Cable currently has approximately 2.5 million subscribers across New York State.

The complaint specifically alleges a series of false and misleading practices by the company over the course of several years, including:

Spectrum-TWC Misled Subscribers By Falsely Promising Speeds It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC represented to its New York subscribers that they could get fast and reliable Internet access.  However, the company knew that these promises were impossible to keep for several reasons.  First, Spectrum-TWC leased deficient modem equipment to subscribers that could not deliver the promised speeds. Second, in addition to the equipment failures, Spectrum-TWC’s network was overloaded and could not consistently deliver the speeds it promised to subscribers. That was because Spectrum-TWC did not design the network to reliably deliver the promised speeds.  Moreover, the complaint alleges that Spectrum-TWC decided to cut costs by not fixing the equipment and network failures.  To mask its misconduct, the complaint alleges that Spectrum-TWC rigged test results.

For example:

• During the Relevant Period, Spectrum-TWC leased deficient cable modems to over 900,000 subscribers in New York that could not deliver the advertised speeds. As of February 2016, Spectrum-TWC still charged over 185,000 New Yorkers, or roughly 7% of its 2.5 million active subscriber base at the time, $10 a month for deficient modems that, in its own words, were “not capable of supporting the service levels paid for.” 
• The results of numerous tests from multiple Internet speed measurements confirm that Spectrum-TWC delivered to subscribers on Spectrum-TWC’s fastest speed plans only a third to a half of the download speeds—sometimes even less—than they had paid for. 

Spectrum-TWC Misled Subscribers By Promising Wireless Connectivity That It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC promised its subscribers go-anywhere wireless connectivity in their homes. However, the company knew that the wireless routers provided to subscribers could not deliver the promised speeds or service. 

For example:

• As of February 2016, Spectrum-TWC supplied over 250,000 subscribers on 200 Mbps and 300 Mbps plans deficient WiFi routers that Spectrum-TWC knew could not deliver speeds above 100 Mbps.
• Separately, Spectrum-TWC ignored its own engineers and promised subscribers a home WiFi experience that was beyond the technical limits of its equipment and WiFi technology.

Spectrum-TWC Misled Subscribers By Promising Fast, Reliable Access to Online Content That It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC represented to their subscribers that they would get fast, reliable access to content online like Netflix and gaming. However, Spectrum-TWC knew that it could not deliver on this promise because of the state of interconnection points in the transmission of online content. Specifically, the company was aware of, and sometimes deliberately created, bottlenecks at interconnection points, which resulted in slowdowns and disruptions to subscribers’ service. 

For example:

• Spectrum-TWC knew that bottlenecks in its network would result in many subscribers routinely experiencing the very hallmarks of a poor Internet connection—slowdowns, lag time, buffering and interruptions, yet its marketing specifically promised that they would avoid when streaming videos, playing online games and accessing other online content. 

But these executives traded on the fact that most subscribers had a limited choice of Internet service providers and that the technical complexity of deducing the problems would make it difficult for subscribers to pin the blame on the company.

The New York-based cable operator, originally known as Time Warner Cable, is currently rebranding itself as “Spectrum” throughout the state. Spectrum-TWC provides Internet service to approximately 2.5 million households/subscribers in New York State, and the complaint covers the subscription plans of almost 5 million subscribers over the relevant period. 

In its filing, the New York Attorney General’s Office is seeking restitution for New York consumers as well as appropriate injunctive and equitable relief to end Spectrum-TWC’s longstanding deceptive practices.

This investigation was handled by Bureau of Internet and Technology Bureau Chief Kathleen McGee, Consumer Fraud Bureau Chief Jane Azia, Executive Agency Counsels Simon Brandler and David Nachman, Assistant Attorneys General Aaron Chase and Mihir Kshirsagar of the Bureau of Internet and Technology, and Assistant Attorney General Kate Matuschak and counsel Alex Goldman of the Consumer Frauds Bureau, with assistance from Director of Research & Analytics Lacey Keller and Analyst Lucas Chizzali. The Bureaus of Internet and Technology and Consumer Frauds are overseen by Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.

Columbia law professor Tim Wu served as a consultant to the Office of the Attorney General in connection with this matter.