TIME WARNER CABLE
DESCRIPTION OF NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS
FOR RESIDENTIAL & SMALL BUSINESS BROADBAND INTERNET ACCESS SERVICES
(AS OF NOVEMBER 20, 2011)

            The Federal Communications Commission (“FCC”) has adopted rules that require broadband Internet access service providers such as Time Warner Cable to publish certain information about their services.  See 47 C.F.R. §§ 8.1-8.11.  In accordance with those rules, this document provides information concerning three aspects of Time Warner Cable’s residential and small business broadband Internet access service offerings: (1) the practices that Time Warner Cable employs to manage its broadband network, (2) key performance characteristics of Time Warner Cable’s residential and small business broadband offerings, and (3) certain commercial terms applicable to these services.  These disclosures are intended to provide information to customers who currently subscribe to Time Warner Cable’s residential and small business broadband Internet access services or who may do so in the future, as well to providers of applications, services, and content that make use of Time Warner Cable’s network to reach users. 
 
            The broadband marketplace is dynamic and constantly changing.  While this document is intended to be thorough and current, Time Warner Cable expects to continue evaluating its approach to network management in response to changes in technology and Internet usage, and it reserves the right to adopt new or different network management practices.  Time Warner Cable will provide updates regarding such changes when warranted, and the information provided in this statement may be revised and updated from time to time.  In addition, other aspects of Time Warner Cable’s services—such as prices and performance capabilities—are subject to change.  Updated information can always be found by visiting Time Warner Cable’s website at http://www.timewarnercable.com.

I.       NETWORK MANAGEMENT PRACTICES

            Time Warner Cable endeavors to provide its customers and others who use its network with quality service.  To further this goal, Time Warner Cable utilizes various tools and techniques to address external factors that may undermine the quality of network performance.  In addition to working to anticipate and avoid network congestion, Time Warner Cable employs certain practices intended to set reasonable boundaries on the modems that can be used with its broadband network, and to respond to online threats and other problems that may impair network security, such as detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code. 

         A.       Network Congestion

            Time Warner Cable does not currently engage in network management practices to address the effects of congestion.  For example, it does not block specific applications or traffic that may tend to increase congestion.  Instead, it focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner.  By focusing on forecasting subscriber and usage growth in advance and expanding network capacity to accommodate it, Time Warner Cable aims to ensure that sufficient bandwidth exists to provide robust service.  Nevertheless, Time Warner Cable expects that as Internet traffic volumes continue to grow, it will not be possible to manage network congestion through capacity upgrades alone.  As a result, Time Warner Cable will continue to evaluate its practices in this respect and will revise its approach as needed to deliver a quality online experience.

         B.       Device Attachments

            Time Warner Cable allows use of a broad range of qualified, DOCSIS-compatible modems in connection with its broadband services, and adjusts its practices as new equipment is introduced in the marketplace.  A list of those modems is available in the Time Warner Cable Approved Customer Device List.  The cable modems on this list have all passed CableLabs Certification, UL Certification, and FCC Certification.  In addition, Time Warner Cable conducts a validation process to ensure that each modem is compatible with its network and is able to provide the features and functionality associated with the particular tier of service a customer using that modem might purchase.

         C.       Network Security Measures

            Time Warner Cable actively seeks to address the threats posed by harmful and unwanted traffic and thus to protect the security and integrity of its network and its customers.  Indeed malicious software (often referred to as “malware”) such as viruses, worms, spyware, and distributed denial of service (“DoS”) attacks not only can adversely affect the network, but also can result in harm to customers’ computers and the quality of the service they receive, compromise their data, and harm third parties as well.  Unwanted communications such as spam can lead to similar problems. 

            Time Warner Cable provides a range of tools to its customers to enable them to respond to such risks, offering both free and premium options for anti-virus and anti-phishing software, spyware, and adware.  Information on these various options is available at www.timewarnercable.com (go to the “Learn” tab, then under the “Internet” heading, click “Internet Security Suite”).  All inbound e-mail is scanned for viruses, and messages found to contain viruses are discarded.  In addition, to reduce spam, Time Warner Cable limits outbound e-mails to a set number of messages a day and checks all inbound e-mail against a series of reputation services in order to identify and block known spammers, consistent with common industry practices.  All inbound e-mail is spam-scanned, and messages tagged as spam are deposited in a special spam folder, accessible by webmail.

            In addition, Time Warner Cable employs certain practices on a case-by-case and as-needed basis to protect its network and its customers against distributed Denial of Service (“DDOS”) attacks.  These practices (which could include limiting traffic to DNS and DHCP servers) could be triggered if Time Warner Cable detects traffic levels that significantly exceed certain baselines; the applicable thresholds are not disclosed here, in order to ensure that these security practices remain effective and cannot be deliberately circumvented.  Further, in accordance with common industry practices (and in response to demonstrated harms), Time Warner Cable may on occasion and for limited periods of time inhibit certain Internet ports that are commonly misused to harm networks, although this in no way prevents any Time Warner Cable customer or broadband Internet access user from accessing lawful Internet content.  

         D.       Application-Specific Behavior

            Time Warner Cable does not prevent users of its service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices (subject to the discussion above), provided that such applications and services do not harm the network or the provision of broadband Internet access services, facilitate theft of service, or harm other users of the service.  Similarly, Time Warner Cable does not impair or degrade particular content, applications, services, or non-harmful devices.

II.       PERFORMANCE

              A.       Description of Time Warner Cable’s Residential and Small Business Broadband Internet Access Services

                        1.       Overview of Residential and Small Business Broadband Service Offerings

            Time Warner Cable offers an array of services intended primarily to provide the capability of connecting to the Internet, provided over Time Warner Cable’s hybrid fiber-coax network.  Road Runner broadband Internet access service currently includes a variety of different speed levels (depending on geographic region), allowing customers to select an option that is best suited to their online activities:  (1) Road Runner Broadband Turbo with PowerBoost, (2) Road Runner Broadband with PowerBoost, (3) Road Runner Basic, and (4) Road Runner Lite.  PowerBoost is a technology that may give users an extra burst of speed when downloading large files.  Time Warner Cable recently introduced a Wideband Internet Access option in some areas.

            The capabilities and service options that Time Warner Cable offers change from time to time.  Updated information on these speed levels and their associated capabilities is available from Time Warner Cable customer service representatives or on Time Warner Cable’s website.  To access the most recent service information online, visit www.timewarnercable.com, click on the “Learn” tab, and then click on “Internet.”  Doing so will lead to a number of topics.  For information about the broadband Internet access service plans available in a particular area, go to the “Internet Plans” heading. 

            For a chart showing which tiers of service are most suitable based on users’ particular needs and preferences, go to the “Which Internet Plan is right for me?” heading.

                        2.       Performance Metrics

            One important component of broadband performance is throughput speed.  Time Warner Cable designs its network with the goal of achieving certain upload and download speeds.  It also seeks to provide a number of service options with different speed tiers, so that users can select one that is consistent with their desired price, needs, and preferences.  The “provisioned” speed that users can achieve—which, as the term is used below, represents the maximum speed enabled by the firmware in the customer’s modem, corresponding to the speed tier purchased by that customer—thus will vary depending on which service a user selects; it may also change over time as Time Warner Cable continues to improve the capabilities of its network.  To see the provisioned speeds available with a particular service tier, please visit www.timewarnercable.com, click on the “Learn” tab, then click on “Internet” and go to the “Internet Plans” heading to find a particular service tier.  Alternatively, speed information can be obtained by contacting a customer service representative or, for current customers, through the My Services portal located at https://myservices.timewarnercable.com.
           
            The FCC’s disclosure rules require that Time Warner Cable describe the actual speeds that users can experience with their service.  Although Time Warner Cable engineers its network and services to deliver speeds up to the provisioned level, the speed that a user will actually experience at any given time depends on a number of factors, many of which are not within Time Warner Cable’s control.  Among other things, speeds can vary depending on the number of users in a household at a particular moment, the number and types of simultaneous uses they are pursuing, the caliber of the end-user equipment being used, and the limitations of different devices (such as a smart phone versus a desktop computer), and the quality of any in-home networking, among other factors.  Throughput speeds are also likely to vary based on, for example, the different websites or applications accessed, the time of day, network congestion and other factors in the end-to-end transmission path from a subscriber’s residence to the Internet endpoint being accessed, and other variables.  For a list and explanation of these factors, please visit Time Warner Cable’s website at www.timewarnercable.com, click on the “Learn” tab, then click on “Internet” and scroll down to the heading “Speed Test.”  The Speed Test page includes a link to information concerning “What Affects Speed.”   

            There are a number of sources of information regarding actual broadband performance, each of which uses a different methodology and thus will produce different results.  For instance, along with various other broadband providers and the FCC, Time Warner Cable participated in a project intended to compile information regarding broadband performance in different regions across the country.  The FCC released the results of this study in August 2011, which can be found on the FCC’s website at http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0802/DOC-308828A1.pdf.  A technical appendix to the study is also available, at http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0802/DOC-308828A2.pdf.  

            This particular study focused primarily on testing the actual “sustained speeds” that different broadband providers were able to achieve during the testing period, and it offers a snapshot of performance from the time the study was conducted.  “Sustained speed” is a measure of long-term performance, which is particularly relevant for online activities such as large file transfers and video streaming that require the transfer of large amounts of information over long periods of time.  For purposes of the study, the “sustained speed” was the speed averaged over a particular five-second testing interval.  The study measured sustained speeds over a 24-hour period and during “peak periods”—that is, periods of greater usage, generally understood to be between 7:00 pm and 11:00 pm, Monday through Friday.

            According to this study, the average actual sustained download speeds for Time Warner Cable’s service (during peak times, and on a nationwide basis) were as follows:

The average actual sustained download speeds for Time Warner Cable’s service over a 24-hour period were as follows:

The average actual sustained upload speeds (during peak times, and on a nationwide basis) were as follows:

The average actual sustained upload speeds over a 24-hour period were as follows:

            In addition to these sustained speeds, the study tested “burst” speeds, which refers to broadband speed measured over an interval of zero to five seconds.  This aspect of the test highlighted the PowerBoost technology that Time Warner Cable and some other cable providers utilize, as mentioned above, which produces a short-term increase in performance above the provisioned speed.  At peak times, the results for download burst speeds were:

Over a 24-hour period, the results for download burst speeds were:

The peak-period burst upload speeds were comparable to the sustained speeds:

Over a 24-hour period, the results were:

            Time Warner Cable offers many speed tiers, and the FCC’s testing did not cover all of them.  However, the results from that study are illustrative of what can be expected using these methodologies with the speed tiers that were not tested.  In addition, because those test results reflect nationwide averages, the actual speeds users will experience in their specific locations may differ.

            In order to test actual broadband speeds in real-time, Time Warner Cable customers can use an online speed test through Time Warner Cable’s website, by visiting the “Speed Test” page described above.  The FCC also offers an online “Consumer Broadband Test” that allows users to test their broadband speeds (utilizing yet another testing methodology), which is available on its website at www.broadband.gov/qualitytest/.  Note that any online speed test relies on a different testing methodology than that used in the FCC study discussed above, and results may therefore differ.  Moreover, because speed tests measure performance at that particular time, the results may vary depending on when the test is run.

            Another technical aspect of broadband performance is “latency”—the average time for a data packet to travel from one point on the network to another.  Latency varies depending on a user’s service tier and other factors.  For instance, latency is distance-sensitive; the measure of latency can turn on the distance between the two endpoints of a particular communication, such as the server that stores information and the computer being used.  As a practical matter, a user may not be able to ascertain differences in latency, which is measured in milliseconds and generally does not result in any noticeable “delay” in terms of load times or other aspects of service for many commonly used Internet applications.     

             The FCC study noted above also included data on latency, measuring the average amount of time it took to load a web page using different service tiers.  For Time Warner Cable, the results were as follows:

            Again, the FCC’s test did not cover all of Time Warner Cable’s speed tiers, although the results above can be expected to be illustrative of what users would experience with other speed tiers.  Broadband Internet access users can test the latency for their particular service using the FCC’s “Consumer Broadband Test” at http://www.broadband.gov/qualitytest/.

         B. Description and Impact of Specialized Services

            Time Warner Cable has built its network to support a range of quality services, including but not limited to its residential and small business broadband Internet access services.  The performance of such a shared network will turn on how much aggregate bandwidth is being used by all users and all services at a given time. 

            The FCC’s rules require us to address services that share bandwidth with broadband Internet access services, but that do not necessarily include broadband Internet access capability or are not primarily intended to be used for that purpose—a category the FCC calls “specialized services.”  Although the FCC has not defined the term “specialized services,” Time Warner Cable provides certain cable services over its cable systems in IP format (such as simulcasts of its video service) that may fall within that category.  In addition, Time Warner Cable offers voice-over-IP (“VoIP”) services, Digital Home Phone (for residential customers) and Business Class Phone (for business customers).  Time Warner Cable’s IntelligentHome home management service also may be considered a specialized service.  Finally, Time Warner Cable offers a number of value-added services to small and medium-sized business customers that subscribe to its broadband Internet access service, such as certain security, virtual private network (“VPN”), and cloud services.

            As noted above, Time Warner Cable currently deals with potential network congestion primarily by monitoring network usage and augmenting capacity in a targeted manner so as to be able to provide robust levels of service.  Accordingly, although all services are impacted at any given time by the total usage of all services, Time Warner Cable’s provision of specialized services does not adversely impact its provision of broadband Internet access services.

III.     COMMERCIAL TERMS

            The terms of service for Time Warner Cable’s various residential and small business broadband Internet access offerings are set forth in the materials specific to each service and are also available on Time Warner Cable’s website.  The information below highlights three specific issues that the FCC has directed broadband Internet access service providers to address.

         A.       Pricing

            Prices for Time Warner Cable’s broadband Internet access services vary by region and often change over time or based on current promotions.  Current subscribers can find pricing information concerning their service on their monthly bill, by contacting a customer service representative, or by accessing their accounts through the “My Services” portal, available at https://myservices.timewarnercable.com.  Prospective customers can obtain pricing information for broadband Internet access service by contacting a Time Warner Cable sales representative or by visiting www.timewarnercable.com, clicking on the “Order” tab, and then on the heading “New Customers” to enter their address.

         B.       Privacy

            Time Warner Cable’s privacy policy applicable to its residential and small business broadband Internet access services is available at http://help.twcable.com/twc_privacy_notice.html.

          C.       Redress Options

            Customers.  Time Warner Cable customers can get answers to any questions about Time Warner Cable’s broadband Internet access services or regarding any of the information set forth above by contacting a customer service representative or by visiting Time Warner Cable’s website (www.timewarnercable.com.) and clicking on the “Contact Us” tab for information on a variety of ways to get assistance.

            Providers of applications, services, and content.  Providers of applications, services, or content with questions or complaints about Time Warner Cable’s policies in connection with its broadband Internet access services should contact Internet.Access.Policies@twcable.com.