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Provider Admits Caps & Overlimit Fees Are About Deterrence, Forcing Upgrades, Or Going Elsewhere for Service

Phillip Dampier May 19, 2010 Data Caps, Editorial & Site News, Online Video, Rural Broadband 40 Comments

Customers of Vistabeam in Nebraska and Wyoming who subscribe to the company’s rural Wireless Internet Service are about to discover their online activities are about to be capped… for real this time.

Matthew Larsen, who runs the Wireless Cowboys blog, includes some illustrative examples of Internet Overcharging schemes in action and what they’re all about.  He writes about his experiences at Vistabeam, which serves rural Nebraska and Wyoming with wireless broadband service.  The company started operations with an admittedly-unenforced 3GB usage limit, backed up with a stinging $25/GB penalty overlimit fee to underscore the point.  Today that cap is described by Larsen as “a joke” — too low to be taken seriously.  [Note to Frontier: Are you reading this?]

But the company was determined to monitor and measure its customers’ online activities and developed an in-house tool that is providing daily insights into customer usage, and gives Vistabeam the ability to begin penalizing customers who exceed the limits established by the provider.

Wireless providers, known as WISPs, often provide the only Internet access in rural areas that are too sparsely populated to deliver DSL service and where cable television is a financial impracticality.  For Nebraska and Wyoming residents bypassed by cable and underserved by DSL (if at all), it’s often a choice between dial-up, satellite fraudband service barely capable of 1Mbps service with a punitive “fair access policy,” or an independent WISP.  A number of customers have chosen the latter.

Vistabeam offers service plans for its 2000 customers ranging from 384kbps for $29.95 a month to 4Mbps service for $99.95 a month, with a discount for paying in six month increments.  That’s not cheap by any means.  But rural Americans routinely face higher broadband bills because of the inability of providers to achieve economy of scale.  Fewer customers have to share the expenses to construct, operate and maintain the service.

But those bills could soon grow even higher if customers exceed the new harder-line Vistabeam will take on usage cap offenses.

Larsen’s measurements identified what their customers were doing with their broadband connections and identified Vistabeam’s biggest users:

Out of 2000+ customers, 80 used more than 10 gigs for the month.

One customer – a 1 meg subscriber at the far eastern edge of our network, behind seven wireless hops and on an 802.11b AP – downloaded 140gig.

Another one, on the far western side of our network, downloaded 110gig.   We called them and found out that they were watching a ton of online video.

We discovered a county government connection that was around 100gig – mostly because someone in the sheriff’s department was pounding for BitTorrent files from 1am to 7am in the morning, and sometimes crashing their firewall machine because of the traffic.

One wonders what the sheriff’s department was grabbing off BitTorrent, but the question itself opens the door as to whether or not your provider (and by extension, you and I) should know what they are doing with their broadband connection in the first place.

Larsen says the other subscribers on his list were watching lots of online video, had a virus, or had “mistakenly” left their file sharing programs running.

Larsen’s solution is usage caps and overlimit penalties for his subscribers.

A home equipped with a WISP antenna on the roof

Package                                                               Monthly Download Cap

384k                                                                       10 gigabytes

640k                                                                       10 gigabytes

1 meg                                                                    20 gigabytes

2 meg                                                                    40 gigabytes

3 meg                                                                    50 gigabytes

4 meg                                                                    60 gigabytes

8 meg                                                                    80 gigabytes

Additional capacity over cap                        $1 per gigabyte over the cap

Although Larsen claims the cap and the overlimit fee isn’t “a profit center,” it would be disingenuous to suggest it isn’t about the money (underline emphasis ours):

I feel that these caps are more than generous, and should have a minimal effect on the majority of our customers.   With our backbone consumption per customer increasing, implementing caps of some kind became a necessity.    I am not looking at the caps as a new “profit center” – they are a deterrent as much as anything.    It will provide an incentive for customers to upgrade to a faster plan with a higher cap, or take their download habits to a competitor and chew up someone else’s bandwidth.

Customers upgrading to a faster plan have to pay a correspondingly higher price for that service and taking their “download habits to a competitor” reduces the cost for the provider no longer encumbered with serving the higher-usage-than-average customer now heading for the door.  Among his 2,000 customers, the end effect will be what Larsen himself hopes is a deterrent for customers using increasingly common higher bandwidth applications like online video, file backup, and uploading and downloading files.  Larsen himself admits that one of his customers was a little bit upset to be told he was using too much.

Rural providers do face higher costs to provide service than their urban counterparts.  But before they enjoy any benefits from Universal Service Fund reform or other government-provided stimulus, customer-unfriendly Internet Overcharging schemes should not be part of the deal.

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Cliff
Cliff
13 years ago

Doesn’t someone that consumes more electricity from the power company pay more than those that use less? Why should Internet consumption be different? Would you rather the “reasonable” user have their rate increased to subsidize the “abuser?” THAT doesn’t seem very fair to me! I think what is described is fair to all users.

PreventCAPS
PreventCAPS
13 years ago
Reply to  Cliff

Electricity is generated AND trandported by the electrical company. You pay the electrical company for the generation and transportation of the electricity. The more you use, the more they have to generate and therefore the more you have to pay.

On the other hand, your ISP only provides TRANSPORTATION. You pay your ISP for the CAPACITY of the “road”, not what or how much travels on it.

Matt Larsen
13 years ago

Philip, As the person featured in your article, I have to take issue with a few of your observations: 1) Vistabeam does not monitor customer activities – we collect a summary of the bandwidth consumed by each customer and summaries of the different kinds of traffic flows to each access point. The customers that I mentioned in my article we asked by our tech support what they were doing and they TOLD US OVER THE PHONE. That is not “monitoring and controlling” what a customer does. Anyone who runs a large, complex network knows that it is critically important to… Read more »

PreventCAPS
PreventCAPS
13 years ago
Reply to  Matt Larsen

We don’t want VistaBeam or any ISP of any kind setting the precedent of bandwidth caps which will ultimately lead to abusive use of bandwidth caps. If you do not have the capacity to serve your consumers adequately, you either degrade your service or upgrade your infrastructure. The first will alienate your consumers; the second costs money. While I cannot comment on VistaBeam specifically, TWC has turned a large profit and refuses to use it for upgrading infrastructure, and instead is looking to boost its profits even more with a bandwidth cap money party. We don’t need VistaBeam or any… Read more »

Matt Larsen
13 years ago
Reply to  PreventCAPS

PreventCAPS, In a perfect world, you would not see abusive use of caps because there would be plenty of infrastructure to go around and your choice of competitive services to go to if you don’t like your current provider. In the real world, network capacity is scarce and there are limited options for competition because of an anticompetitive environment or simple lack of a viable market in rural areas. The people who have problems with caps have far too much of a sense of entitlement that they should be able to consume all available network resources. The majority of the… Read more »

PreventCAPS
PreventCAPS
13 years ago
Reply to  Matt Larsen

I shouldn’t take issue with “companies that are implementing caps to maintain network integrity and keep their prices competitive.” when they could stop overselling and/or upgrade their infrastrucutre?

It’s alienate consumers with caps or woo consumers with decent service (no caps, neutral net practices)…

Matt Larsen
13 years ago
Reply to  PreventCAPS

Its not that simple PreventCAPS. The consequences of what you are advocating is to STOP selling more services until upgrades can be done. Where is the money for those upgrades going to come from? Another wasteful government program? Would it be better to double the cost to the existing subscribers to pay for that upgrade? Would it be better for the consumers if my company or others like mine went out of business and they had NO choice of terrestrial broadband providers? That is the definition of FAIL. I am not a fan of caps, but they are appropriate for… Read more »

PreventCAPS
PreventCAPS
13 years ago
Reply to  Matt Larsen

So in other words, caps are appropriate when an ISP failed to plan, budget, and execute infrastructure upgrades and have oversold capacity? And then advocate that consumers should pick up the tab for those bad business decisions? Even when the ISP is drenched with profits? I’m a consumer advocating that ISPs regularly plan, budget, and execute infrastructure upgrades so that they don’t pickle themselves. Then they won’t be have to STOP selling services until upgrades can be performed and wonder where the money will come from. If an ISP cannot survive because of those bad business decisions, well, this is… Read more »

Matt Larsen
13 years ago
Reply to  PreventCAPS

I will refer you to the other posts that I have made on this site for a detailed technical explanation of why caps are good from a technical and consumer point of view for WISP operators. No need to rehash them. I think there is probably some common ground here. I am well aware of Verizon, Qwest and AT&T (among others) that have received all kinds of tax breaks and incentive packages from the states and federal government to deliver fiber and improved infrastructure to their customers. Bruce Kushnick at http://www.teletruth.org/ has a lot of documentation about their shenangians. Considering… Read more »

DM
DM
13 years ago
Reply to  Matt Larsen

Mr. Larsen, If you think that caps are okay, then wouldn’t it be a better strategy to limit speed tiers to consumers? If you offer an 8 Mbps speed tier but don’t want someone to use that much bandwidth, then why offer that in the first place? Simply don’t offer that much speed and limit your product offerings to what your network can handle. This way consumers know what to expect from their ISP and the ISP won’t have to worry about costly network upgrades or allocating resources to monitoring the network. ISPs use network management as justification for bandwidth… Read more »

Matt Larsen
13 years ago

Lengthy reply right back at you Philip… 1) I will admit that partially narrowing down the description of one of our customers could be perceived as potentially “revealing” some kind of customer information to the public. However, our service area covers 20 counties spread across four states, so it isn’t like I put the finger on a specific customer. The point of making that statement was to show the irony of the situation – law enforcement running an application that many consider to be a “pirate’s den”. The people in charge of IT at the customer’s location contacted us because… Read more »

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Matt Larsen

“6) I understand your opposition to formal usage limits, but I do think that it would be wise to back off your hardline stance, for the reasons that I have explained above. There is such a thing as a “good” cap.” Sorry, I do not believe there is ever such a thing as a good cap. People HATE caps more then they hate the bill going up by a little bit. There may have been some grumbling when TWC raised their internet rates, but there was an outcry when they announced caps. Caps are not a way to manage your… Read more »

Matt Larsen
13 years ago
Reply to  Ron Dafoe

Ron, you are missing my point. 1meg of Internet bandwidth here costs about $50/meg for a COMMERCIAL, uncapped account, and I had to get a minimum of 50meg of capacity on a four year contract to get that pricing. It is as much as $500/meg in many rural areas. There was a $5000 NRC to get it installed because it required a dedicated connection to the fiber plant. Anyone inside of the cable footprint here can purchase this type of connectivity, but it is generally businesses that have a need for an uncapped connection. We have to pay a premium… Read more »

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Matt Larsen

I am sorry, but I disagree that caps are a way to manage your network. You may not think I know what I am talking about and that is fine. You can think that. Some of us customers know the technology, work with the technology, and/or have experience with the technology.

The other problem with that is that once a company like yours implements these caps, then other will do the same, all the way up the line. Before you know it, we are Canada.

Scott
Scott
13 years ago
Reply to  Matt Larsen

For most of us that keep up on this, have been in the industry, and follow various companies examining their financial statements – it’s often pretty hard to take a providers word for how hard it is for them to offer a service without caps and metered plans. I have yet to find a company that’s implemented these plans for any other reason that reducing infrastructure investment while increasing profits. For public companies the financial statements always back this up and you can always take a read from Wall St. as they drool over these announcements by the bigger corporations.… Read more »

Jon Kelley
13 years ago

I really feel the author of this article, Phillip Dampier, is living on a cloud somewhere. First, you do not know a thing about what it takes to provide Wireless Broadband to a rural area and the cost associated with the delivery of this service. Secondly, the water company charges per gallon, the electricity charges more for kilowatt hour, and the phone company, both cellular and land line, charge you per call or per minute. How do you propose WISP’s charge for the service we provide? Per byte? As rural WISP’s, we do not have access to unlimited bandwidth sources… Read more »

DM
DM
13 years ago
Reply to  Jon Kelley

Mr. Kelley, Mr. Dampier usually does a good job of writing his articles based on facts and not rhetoric that cannot be proven. However, I do not want to speak for Mr. Dampier and will let him address any criticism that is thrown his way. But I did want you to answer some questions. In your posting, you refer to “we”. Who exactly is “we”? Are you affiliated with VistaBeam or another ISP? My parents live in a rural area and there is a WISP tower that is close to them. Unfortunately, they cannot pick up the signal, otherwise they… Read more »

Matt Larsen
13 years ago

Public funding of broadband services is an AWFUL idea. The smaller, privately funded providers will be run over by the rural ILECs and cellcos that are using their lobbyists to set the rules of the game. USF is nothing more than a giant telco slush fund, and an unnecessary burden on telecom customers. Kill. USF. Now.

There are far more fiscally efficient and effective solutions for our broadband problems than public funding.

Ian L
Ian L
13 years ago
Reply to  Matt Larsen

Matt, I’ve got a “story from the other side” on the whole USF deal. I’m working to start a WISP in my area, as part of bringing high-quality high-bandwidth services to the community (will be part of a managed services company). We’ll be starting with a pure Ubiquiti AirMax system…proprietary, but cheap and fast. Really, really fast. We’re getting our bandwidth from…wait for it…a rural telco, Hill Country Telephone Cooperative. Who is scared to death that USF’s disappearance will cripple their ability to invest in infrastructure for their members/customers. These guys are pushing fiber to towers, and were planning to… Read more »

Matt Larsen
13 years ago
Reply to  Ian L

Ian, You are new to the WISP business, and will have the unique opportunity to deal with the unique challenges of maintaining a wireless network, and the often tenuous positions you are in by being dependent on a competitor’s network for critical elements of your infrastructure. Unfortunately, the scenario you are working with is the exception rather than the rule. There are a few good rural telcos out there, but there are also many who are milking the government and USF systems for all the money and low-interest loans that they can get. It is a virtual certainty that USF… Read more »

Cameron
Cameron
13 years ago

Simply put, Phillip has no clue what it takes to deploy, manage, and operate a WISP. I have “fired” several customers like him that want to use all of my resources for very little of the cost. I would rather let one Phillip go than lose 10 customers from his access point because he is dominating the resources of that AP. For all those advocating “network upgrades” as the means to alleviate the problem, would you be willing to pay for the all the radios required to pipe more bandwidth to you and then paying the real cost of unmetered… Read more »

Cameron
Cameron
13 years ago

Well while nit picking the post, you still don’t refute that you don’t know what it takes to build, own, and operate a wireless broadband business. Frankly, I don’t care what people use the connection for, but I know for a fact that the ones who did abuse their TOS with me and I let go, were doing many of the activities I described as well as others. I have letters from the music industry, as well as admissions from customers that they were trying to download or stream high res movies. In every case where we disconnected a customer,… Read more »

DM
DM
13 years ago
Reply to  Cameron

Cameron, I’m sorry you felt that way about your customers. Let me ask you a question: Who was to blame for the problem that you encountered? Was it the customers fault, or your fault? In my opinion, it was your fault. I keep stating this, but speed tiers contain natural caps. If you didn’t want someone using a specified amount of your resources, then maybe you shouldn’t have offered your customers access to said specified amount of resources. I don’t think a person needs to have any “inside” knowledge about how a business is ran or the economics of business… Read more »

Cameron
Cameron
13 years ago
Reply to  DM

Not at all. Customer’s are required to understand that this is a shared bandwidth service and that their activity will affect other users online. We told them up front that activities which adversely affect other users to the point where those others complain about speed and service themselves will be subject to our restriction policies and possibly termination. They are certainly free to go elsewhere if they don’t like that fact. As I stated in another post, I would have loved to be able to provide unlimited amounts of bandwidth, but the economics will not support it, nor will the… Read more »

DM
DM
13 years ago
Reply to  Cameron

Cameron, I don’t understand why YOU don’t understand this simple concept, but if you didn’t want your customers to use 100% of the resources that you gave them then maybe you shouldn’t have given them access to use that amount of resources. “Customer’s are required to understand that this is a shared bandwidth service and that their activity will affect other users online.” While this is true, there is still a fundamental principle that your customers expect your network to handle everyone that is connected to it. Did you also tell customers exactly how you determine if someone is adversely… Read more »

PreventCAPS
PreventCAPS
13 years ago
Reply to  Cameron

Cameron, when a consumer purchaces an X Mbps connection and actually uses X Mbps, they do not deserve to get “fired” as you put it. It’s unfortunate for the ISP that they didn’t plan, budget, and execute a viable business plan that included providing adequate infrastructure.

Now Cameron, you are going to whine and complain that it would be cost prohibative to actually give consumers what they are paying for. I won’t argue if there is any truth to that, but if there is truth to that, then you don’t have a viable business model.

Cameron
Cameron
13 years ago
Reply to  PreventCAPS

Viable? I ran a business for 7 years and provided internet access to several suburban and rural communities over 1000 square miles that had little access to other services. I watched no less than 5 other companies try to compete with me and fail. 80% of my customers kept their service once DSL and Uverse moved in because of our customer service. I sold the business to another company for a nice profit. If that is not viable, then I guess I don’t know what the definition is.

Cameron

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Cameron

WOW….. Just WOW….

Now, are you brave enough to tell us what so called WISP you “owned”? With an attitude like that towards your customers, no wonder there was not enough money for upgrading your network and all you did was continue to overpromise, underdeliver, and over sell what resources you had.

Then, in the end, you unloaded all the problems you created youself to some poor unknowing “fool”.

Cameron
Cameron
13 years ago
Reply to  Ron Dafoe

I’m not sure where you get your information, but we were always up front with our customers. I invested every dollar after expenses back into the business and that is why it was successful. I can assure you the company that bought us was no fool. With over 72,000 subs in 5 states, they are very careful about who they purchase. Nice try though.

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Cameron

Then why do you attribute all of your high bandwidth customers as breaking the law? Does watching hulu break the law to you? Is seeding a linux distribution sharing pirated files? What about downloading legally purchased movies from itunes? or using DirectTVs Video on Demand service (hint – it downloads the movie – legally – from DTV through your internet connection.) What about buying a game from steam and having to download 8Gbs to your computer? Your message dripped with hate to your customers. There are plenty of legal and legitimate reasons to go over your arbitrary limits. You are… Read more »

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Ron Dafoe

Maybe it is good that you sold it. I am sure at some point, you probably did not have as much contempt for these users as you do now.

Cameron
Cameron
13 years ago
Reply to  Ron Dafoe

Why so angry Ron…”dripped with hate”? Obviously your rage has blinded you as you did not read correctly. I never implemented caps, but was on the verge of it. The customers I “fired” (perhaps 5 over a 7 year period) were notified about the trouble they were causing other users multiple times before having service disconnected. You guys like to use McDonald’s as an analogy, so here is one for you. McDonald’s sells you a cup and you can have all the Coke you can drink. I bet they wouldn’t be too happy if you stood in front of the… Read more »

DM
DM
13 years ago
Reply to  Cameron

Cameron, I wanted to chime in because your analogy is incorrect. When McDonald’s sells you a cup, there is an implied understanding that you can fill your cup whenever you want, but that it is “unreasonable” to just stay at the fountain and let the liquid overflow out of your cup. Generally speaking, property rights gives the restaurant the ability to kick someone out of their store. Additionally, they could determine that your actions are a threat to their business and report this disturbance to the authorities, i.e. the police. But that is not how things work regarding the internet.… Read more »

Cameron
Cameron
13 years ago
Reply to  DM

Oh…it is implied? Where is that spelled out on their sign? Or is it in the fine print on the cup? I think it’s funny that you accept the implication at McDonald’s but refuse to accept it when it is spelled out in the AUP. Internet traffic can not be replaced if you can not access it at all because somebody else is taking it all when you want to use it. The AP’s can only pass so much traffic to so many people in a given amount of time, just like the coke fountain can only distribute coke to… Read more »

DM
DM
13 years ago
Reply to  Cameron

Yes Cameron, it is implied through the concept and principle of “common law”. Like I said, McDonalds has rights given to them by their “ownership” of the physical land. I put ownership in quotation marks because of the possibility of leasing the property from someone else. Again, McDonalds could call the police if they felt that someone was disrupting their business to the point of impacting their ability to collect revenue. However, you would have to consider the amount of power and the decision making ability of the police force. I don’t think they would be very happy with an… Read more »

Ron Dafoe
Ron Dafoe
13 years ago
Reply to  Cameron

I am not angry at all. Your message to me sounded like your attitude had become it is me vs the customer. If what you where doing was working, why think about stopping? Why think about punishing the customer and changing the service from what they where used to, If it was profitable, you where competitive, and a reasonable price good for you. Everyone, knowledgeable or not I have talked to do not want to check their internet usage everyday and ration out internet access to their family. We understand that it costs more money to do business in rural… Read more »

Mark
Mark
13 years ago

Come Nov, 1 2011 just simply join the rest of the Country and not pay your phone bill ever again until they take off the cap and provide better coverage throughout along with regular updates on which new cities will be getting new services. Its called a STRIKE! And if there are several million people who do this, there will be action!

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