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Suddenlink Unveiling New Unlimited Data Plan for Premium Customers April 1

SuddenlinkLogo1-630x140Stop the Cap! has learned customer complaints about Suddenlink Communications’ data caps have made an impact, and the company is planning to rollout a new campaign starting April 1 allowing premium customers to get their unlimited data back, eventually at a price.

A source tells us residential customers will now qualify for unlimited if they subscribe to either of Suddenlink’s two fastest Internet plans in any respective market. In most areas, that means signing up for 100/10 or 200/20Mbps service. Where gigabit plans exist, customers will need to subscribe to either 200/20 or 1,000/50Mbps service.

DSL Comparison Chart 10.22.15_2Customers will need to call Suddenlink to sign up for the offer (we’ve reached out to the company to learn the details we will share if we receive them), which provides unlimited service free for the first year. In year two, unlimited will cost $5 extra a month and after the second year Suddenlink will charge customers $10 extra.

Suddenlink claims its Internet plans already come with “generous” allowances, but fails to disclose them upfront to customers. In fact, there is no apparent way for a prospective customer to learn what their usage cap is without calling in or waiting until after they sign up for service:

Quoted from Suddenlink's customer FAQ

Quoted from Suddenlink’s customer FAQ

Kent

Kent

As with every other Internet Service Provider implementing data caps, Suddenlink claims practically nobody is affected by them.

“The residential data we offer should be more than sufficient for the vast majority of our customers,” the company says. “The relatively few customers who desire more may wish to consider upgrading to a faster speed with a larger data plan, where available, or purchasing one or more supplemental data packages.”

But in November 2015, the outgoing CEO of Suddenlink Jerry Kent told Wall Street an entirely different story.

“Overage charges have become a significant revenue stream for us,” Kent said, noting usage cap overlimit fees were a major factor for the company’s 3.6% year over year growth in revenue, which reached $605.1 million.

Customers were given this explanation for Suddenlink’s decision to implement data caps:

“Data plans are one step among several that help us continue delivering a quality Internet experience for our customers. Other steps include the sizable investments we’ve made and continue making to provide greater downstream and upstream system capacity and more bandwidth per home. Even with those investments, a relatively few customers use a disproportionate amount of data, which can negatively affect the Internet experience of those who use far less. That’s why, as a complement to our network investments, we’ve established data plans.”

But Kent explained things back in 2010 somewhat differently to Wall Street and his investors:

“I think one of the things people don’t realize [relates to] the question of capital intensity and having to keep spending to keep up with capacity,” Kent said. “Those days are basically over, and you are seeing significant free cash flow generated from the cable operators as our capital expenditures continue to come down.”

AT&T Tells Customers $30 Extra for Unlimited Internet is Good News (for AT&T)

fat cat attAT&T has indirectly announced it will enforce hard data caps on its U-verse broadband service for the first time, imposing overlimit fees for customers that exceed their allowance unless they agree to pay $30 extra a month for a new unlimited add-on plan.

AT&T’s Consumer Blog announced effective May 23, AT&T was increasing the usage allowances on its DSL and U-verse broadband service and is introducing a new $30 unlimited option for broadband-only customers many actually had all along because AT&T never enforced its cap for U-verse.

Customers currently bundling video and data services from AT&T/DirecTV will get a break – the unlimited option will apply at no extra charge if you agree to a single, combined bill for all of your AT&T services. The decision to apply usage caps to broadband-only customers, often cord-cutters, while effectively exempting current U-verse TV/DirecTV video customers is sure to raise eyebrows.

AT&T originally told customers its usage caps were designed “to ensure it is providing a sustainable network to customers.”  But in a company FAQ, AT&T destroys its own argument for the need to cap anyone. “Will offering unlimited data negatively impact the AT&T network? No. AT&T will continue to actively manage the network to handle the increasing demand for data.”

AT&T’s need for data caps is also eroded by company claims only a small percentage of customers exceed them.

Why caps again?

Why caps again?

“Today, our home Internet customers use just over 100GB of data per month on average,” AT&T wrote. “So even with our smallest U-verse Internet data allowance of 300 GB the average customer has plenty of data to do more.”

At least for now.

A review of AT&T’s past average usage claims is revealing. In 2011, AT&T told Tom’s Hardware the average customer consumed about 18GB a month. In 2015, AT&T’s cached support site claimed average customers used around 35GB a month. As of this week, AT&T says average users now exceed 100GB a month. If AT&T decides not to regularly revisit allowances (AT&T took five years to revisit the subject this week, having introduced 150GB caps on DSL and 250GB on U-verse in 2011), customers are likely to face pressure to sign up for the $30 unlimited add-on or buy television service from AT&T to avoid overlimit charges that will top out at $200 in penalties for DSL customers, $100 for U-verse overlimit fees.

average usage

Beginning May 23, AT&T’s website will include a data usage meter to help avoid AT&T’s overlimit penalty: $10 for each 50GB increment one exceeds their allowance. AT&T claims only 4% of its customers will exceed their future data allowances. They wouldn’t say how many exceed the current ones.

Because U-verse customers have avoided AT&T’s usage caps in the past, the company is now reminding customers it will give several warnings before you experience bill shock:

  • In the first bill cycle when you reach 100% of your data allowance, AT&T will update you via email, but there will be no charges.
  • In the second bill cycle, AT&T will notify you via email at 65%, 90%, and 100%, and still without charges.
  • In the third bill cycle, and each bill cycle thereafter, you’ll receive reminder emails at 65% and 90%. At 100% AT&T will notify you and add an additional 50GB of data to your account for $10 each time you exceed the allowance. Customers will receive reminders about their data usage for the additional 50GB at 75% and 100%.

All usage — including uploads and downloads — counts towards the cap. There is just one exception. Wireless traffic from an AT&T MicroCell, designed to boost weak cell signals inside the home, is not included in AT&T’s Internet data usage allowance. To help ensure accurate billing, you have to register your AT&T MicroCell account and residential AT&T Internet account.

Here are the new data allowances that will take effect May 23rd:

monthly data allowance

DSL Reports’ Karl Bode is skeptical of the “consumer benefits” AT&T is touting as part of the change:

That last bit is a fairly transparent ploy to address a spike in cord cutting at AT&T — by forcing customers into signing up for television services they may not actually want if they want to avoid usage restrictions. Whether using arbitrary caps to force users to sign up for TV technically violates net neutrality (either the FCC’s rules or the concept in general) is something that’s likely to be hotly debated.

It’s also curious that just as AT&T indicates it’s backing away from U-Verse TV (which should technically free up more bandwidth on the AT&T network), it’s implementing caps on a network it originally stated didn’t need caps thanks to “greater capacity.” That’s because as with Comcast, caps really aren’t about capacity or financial necessity, they’re about protecting traditional TV revenue from Internet video. At the end of the day, AT&T’s just charging $30 a month (or more) for the same service, while trying to frame it as a net positive for consumers.

T-Mobile Lets Customers Binge On Porn With No Data Caps; PBS Still Capped

Dantes-Inferno-BrothelIf you are willing to spend $20 a month for a porn video service created for mobile devices, T-Mobile will let you watch forever without counting against your monthly data cap.

The latest “zero rating” (exempting some ‘preferred’ content from data caps) controversy from John Legere’s T-Mobile means if you watch educational programming from PBS on your mobile device, it will take a bite out of your usage allowance. But you can nibble all you like on MiKandi, the latest addition to the Binge On program.

MiKandi, which claims to offer “DVD quality” adult entertainment, calls it a victory for freedom of speech:

“When mainstream tech companies announce new platforms it tends to be another way to censor your online experience,” MiKandi CEO Jesse Adams said in a company blog post. “T-Mobile is treating adults like adults and we hope that other tech companies follow in their footsteps.”

T-Mobile hasn’t exactly trumpeted their new association with a porn video supplier, quietly adding the site to its growing list of data cap free websites. But now that it is there, can Pornhub be far behind?

Unlimitedville: Affordable Unlimited Wireless Broadband Service via Sprint

unlimitedvilleFinding affordable wireless Internet access that isn’t speed throttled or usage capped is becoming rare, but Stop the Cap! has been exploring a provider that offers both.

Unlimitedville is the latest authorized reseller of Sprint that has managed to get permission to market an unlimited LTE 4G wireless data plan that comes without speed throttles. The service is priced at $42.99 a month (not including certain minor fees and surcharges) and includes a 30-day free trial to test the service. A $50 setup fee includes a mobile hotspot device (typically a Netgear Zing or Pocket Wifi) that is yours to keep once you commit to the required 2-year contract (after the free trial).

Customers we have communicated with give the service a universal thumbs-up for not limiting or throttling usage. Customers in suburban and semi-rural areas near highways and interstates report the best speeds from relatively uncongested Sprint cell towers. Those in very rural areas may have a lot of trouble finding Sprint service available, so potential customers should review Sprint’s coverage map carefully for data service coverage before considering Unlimitedville.

There are some peculiarities about doing business with this reseller, however.

First, Unlimitedville acts as a front line sales agent, but accounts are apparently provisioned by an another company named Impact Wireless, a “master agent” for Sprint. After service is established, all future communications, support and billing take place directly with Sprint.

sprint zingGetting service established is the first minor hurdle. Because the contract plan is intended for business use, customers will need to list a company name on the enrollment form. It is acceptable to consider yourself a consultant or use your current profession if you intend to use the service at anytime/for any reason for work or while travelling for work. No formal business registration is required. Some customers sign up using their last name, as in “Smith Consulting.” You do have to give them your Social Security number or business Taxpayer ID Number to run the usual required credit check. Most applicants are easily approved within 72 hours and Sprint will then call to help arrange for service. If you are not approved, you can agree to pay an upfront deposit and after 12 on-time monthly payments, the deposit will be returned to your account.

Second, some customers have recently reported they’ve been surprised to discover their account activation came with membership in a free loyalty program for a certain home improvement retail chain. With the recent demise of Karma’s Neverstop plan, disconnecting customers are banging at the doors of Unlimitedville to get in. Evidently this overflow is also affecting Impact Wireless, which evidently has some limitations on how many new customers it can enroll itself over a certain period of time. As a result, they may be looking for other entry points available to them to get customers activated as quickly as possible. Customers should be ready to be flexible. Getting unlimited wireless data from anyone these days increasingly requires creativity.

As Unlimitedville gains more visibility, there are also questions about how long it will last given carriers’ dislike of resellers that attract a lot of heavy users. The service has been around at least as long as Karma and is still welcoming new clients, so it is hard to say. It will probably last longer if customers respect the wireless network that powers it was not built to sustain customers running up a terabyte of usage a month. Being a responsible user of a limited resource is likely to help keep these kinds of unlimited services viable, an important consideration for customers who do not have the luxury of going to another provider if Unlimitedville folds.

Bad Karma: Sprint and Data Caps Kill Neverstop Plan; Customers Claim Bait & Switch

Karma's very expensive $150 startup equipment package.

Karma’s very expensive $150 startup equipment package.

After customers spent $150 on a mobile Wi-Fi hotspot device promising unlimited LTE wireless Internet access for $50 a month, Karma – the company offering the service – has put a stop to its “Neverstop” plan four months after introducing it.

“Karma is a bitch,” complained one customer who spent $250 with Karma trying to find a replacement for Clear’s now discontinued WiMAX service for his rural home. “After spending hundreds for nothing, it should be obvious to everyone why Karma turned off the comment section on its website.”

Neverstop customers have been through a rough ride during the brief life of the service, which started last November. Customers were promised unlimited 5Mbps service for $50 a month, after buying the $150 in required hardware. But not long after the plan was introduced, customers discovered their speeds were throttled to as low as 1.5Mbps to discourage customers from excessively using the service.

Insiders tell us the likely cause of the plan’s demise is Sprint, the wireless company Karma contracts with to offer the service. Sprint reseller contracts are closely guarded, but there is a clear track record of wireless companies taking action against resellers that place unexpected burdens on their networks. Millenicom, a similar provider that won customers largely through word-of-mouth, saw its unlimited offerings curtailed long before Karma announced its Neverstop plan, because wireless companies didn’t appreciate the fact some Millenicom customers relied entirely on the service for Internet access in the home.

Karma-Neverstop

Karma sold a plan that encouraged heavier data usage and then punished customers for using it.

Karma officials claim most of their customers never exceeded 15GB a month, but apparently enough did to get Sprint’s attention. Karma’s own internal research found that despite its insistence Neverstop was not a home broadband replacement, at least 60% of their customers used it exactly for that purpose. A handful of customers ran up hundreds of gigabytes of usage from online video, cloud storage/backup, and file trading. But a larger percentage used the service because they had no access to DSL or cable broadband, and used about as much data as the average household – an amount deemed by Sprint and/or Karma as “unsustainable.” Karma quickly moved to impose universal speed reductions on the service, dropping from 5Mbps to 1.5Mbps in an effort to curtail usage.

“Bait and switch,” complained Shannon Krakosky on Karma’s Facebook page. Many of the company’s earliest customers found the throttles arrived just as their 45-day return window for the expensive equipment expired, saddling them with a $150 paperweight. The company’s Black Friday offer inspired still more customers to sign up at a discount, only to find the equipment backordered, arriving at around the same time the traffic reduction speed throttles were announced.

Just one week before the speed reductions took effect, new customers were enticed with a year-end signup offer, further increasing traffic loads. Then customers received this:

[We] were surprised to learn how many of you are also using it heavily at home. We’ve seen lots of you binge watch Netflix in HD all day, back up your hard drives over the internet, and even connect your Xboxes through ingenious means. It’s a glimpse of how the internet should be, and we love it… but it’s putting a strain on the service and it’s not what the product is meant for today.​

After spending $150 on hardware for $50 unlimited LTE service, less than four months later these are your new choices.

After spending $150 on hardware for $50 unlimited LTE service, less than four months later these are your new choices.

But usage should have never surprised Karma, considering the firm marketed Neverstop in November and December as the perfect answer for “heavier usage, streaming, downloading….”

Only after imposing a speed throttle — later increased to 2.5Mbps — came changes in how Neverstop marketed its service. In early January, Neverstop was now sold as the perfect solution for “daily usage, worry-free browsing, on-the-go work, travel, occasional streaming, and more.” Also gone was the marketing that promoted unlimited usage. The new message to customers: lay off.

Many customers were unhappy about the sudden changes and have filed false advertising complaints with the Better Business Bureau and several state attorneys general.

Karma continued to modify its Neverstop plan later in January, claiming to relent on speed throttling and moving to impose a 15GB usage cap on Neverstop instead. The company claimed the usage cap would allow it to restore 5Mbps service, but most customers complained their speeds remained slow. In effect, customers were being asked to continue paying $50 a month for a shadow of the service originally advertised.

As of late last week, Karma revisited customers again to announce the once unlimited wireless data experience of Neverstop was being stopped… permanently.

van Wel

van Wel

Karma CEO Steven van Wel told Verge the company came to the realization that Neverstop was unsustainable after observing a month of customer usage following January’s adjustments. Even with the restrictive throttling, half of Neverstop customers reached the 15GB cap before the end of their billing cycle, and there was no way for them to easily continue high-speed service, whether by changing plans or paying overage fees. Just one month earlier van Wel told Verge only a few customers were likely to exceed their 15GB cap.

“You bait and switched us again,” came a chorus of complaints before Karma switched off public comments on all but its Facebook page.

“Poor business at best,” added Daniel Frisch. “Sell a customer one thing and then switch it to something completely different. You sold me an unlimited data device at a reasonable price and now you have gone from throttling that data to a high-priced limited data plan like everybody else.”

Karma’s latest plan is called Pulse and Neverstop customers will gradually find their existing Neverstop service transitioned to the new plan over the coming month, which will sell 5GB of service for $40 a month. Many complain there are better deals available elsewhere.

Stop the Cap! will continue to seek out options for rural or on-the-go customers who depend on wireless Internet access where DSL and cable broadband are not available. For now, we cannot recommend Karma because of the company’s unstable service plans and the high upfront cost of equipment.

Why Satellite Fraudband Still Sucks: Low Caps, Throttled Speeds, Almost-Useless Service

exedeDespite claims satellite broadband has improved, our readers respectfully disagree:

“Most people don’t know what data caps really are until they’ve had satellite based Internet service where the bandwidth is shared,” Scott S. reminds Stop the Cap! He’s a subscriber of Exede, a satellite broadband provider powered by the ViaSat satellite platform serving about 687,000 residential customers nationwide.

Online life can be a lot worse when you are stuck with satellite-based Internet access:

  • “I am only allowed to have 10GB per month total for everything and have a 12/3Mbps service. Anything over that and they either cap your flow or give you substantially lower bandwidth speed.
  • “You can’t go online with more than three devices (including your phones).
  • “You can forget Netflix or watching any shows online.
  • “You can forget playing ANY video games online.
  • “You can forget taking any college courses online without service interruptions (which I am).”

“And they still charge you as much as other ISPs do (at least $60/month) that provide no data caps and a MUCH faster speed,” Scott writes.

Exede offers most customers plans with 10, 18, or 30GB of usage per month. About one-third of the country, typically the most rural regions in the western U.S., can now choose faster plans at speeds nearing 25Mbps because those spot beams are underutilized. But most subscribers get considerably poorer service because about two-thirds of ViaSat’s residential satellite access beams are full. Despite that, Viasat still managed to find capacity to power in-flight Wi-Fi on JetBlue, Virgin America and some United Airlines aircraft.

Customers who have never had DSL or cable broadband tolerate the slow speeds and low caps better than those that move from an area served by a wired provider. Many of those customers call satellite broadband speed marketing claims “fraudulent” and complain low usage caps make it difficult to impossible to use the Internet to use multimedia content.

 

Underseas Fiber Capacity Expands Without Laying More Submarine Cables

underseas capacityOverall submarine cable capacity, which supports a substantial amount of international Internet traffic, has grown around 36% per year for 2007-2014 and is expected to grow around 29% for 2014-2016. But traffic planners are confident the traffic growth will be easily accommodated over existing submarine cable circuits.

A new U.S. International Circuit Capacity Report from the International Bureau of the Federal Communications Commission details the total amount of capacity available between the U.S. and any foreign point. That data helps traffic planners maintain suitable Internet traffic capacity before international data traffic jams emerge. The report shows plenty of capacity remains available to handle sustained Internet traffic growth between North America and other countries around the world. Only the Pacific region, encompassing Australia and New Zealand, shows the potential for a future capacity crunch if more cable capacity isn’t introduced in the coming years.

Submarine cables laid more than a decade ago are showing vast capacity improvements, not because new fiber is being laid underwater, but because of developments in submarine cable technology.

“The technology standard has evolved from 280Mbps per pair (TAT-8 cable) in the mid-1980s, to 5Gbps (TPC-5) in the mid-1990s, to 10Gbps in 1998,” says the report. “Since 1998, the 10Gbps fiber pair has been the standard for all new cables. There are plans to deploy 40Gbps or even 100Gbps fiber pairs. Moreover, the use of Wavelength Division Multiplexing (WDM) technology can multiply the capacity from one pair to multiple pairs depending on the wavelength (or color) of the cable.”

southern cross

One exceptional example comes from the Pacific region, where Internet traffic has exploded. The Southern Cross cable, which connects Australia, New Zealand, Fiji, Hawaii, and the United States, began service in 2000 offering a total capacity of 20Gbps. Those behind the project envisioned that technological advancements would eventually allow the cable to achieve a total of 120Gbps of “fully protected capacity.” They vastly underestimated what ingenuity in data transmission would bring just 16 years later.

southern cross upgradeSouthern Cross engineers are now deploying circuits capable of 40 and 100Gbps technology, bringing Southern Cross cable’s total available capacity to more than 12Tbps (12,000Gbps). Every upgrade was conducted at the cable station with zero new fiber pairs laid in the water. Other undersea cable operators are initiating similar upgrades, providing exponentially greater capacity at a minimal cost.

The report found the most popular destination for U.S. international undersea cables was Colombia, which hosts eight. Japan and the United Kingdom are each reached by seven U.S. cables. Five cables each reach Panama, Brazil, and Venezuela, and Mexico and Australia have four each.

The most aggressive capacity upgrades are scheduled for the Atlantic region, mostly to support increasing traffic from Europe, the Middle East, and especially Africa. The Pacific region, in contrast, has just 13.3% non-activated capacity, possibly demonstrating a need for new cable capacity.

FCC Wants Details About Usage Caps and Zero Rating from Comcast, T-Mobile, and AT&T

An AT&T Logo is pictured on the side of a building in Pasadena, California, January 26, 2015. REUTERS/Mario Anzuoni

An AT&T Logo is pictured on the side of a building in Pasadena, California, January 26, 2015. REUTERS/Mario Anzuoni

Editor’s Note: Stop the Cap! learned in May from a well-placed source that the FCC would “get serious” about data caps if Comcast moved to further expand them in its service areas across the country. It appears that day has arrived although it is too early to tell what direction the FCC will move in. Comcast’s data cap program has grown the most controversial, triggering at least 13,000 consumer complaints from what the company continues to claim is only a limited “trial.” But wireless providers’ growing interest in exempting certain data from counting against a customer’s allowance — a practice known as “zero rating” — has also attracted interest because of its potential impact on Net Neutrality policies.

WASHINGTON (Reuters) – The Federal Communications Commission said on Thursday it has asked major Internet providers to discuss innovative data policies in the wake of the government’s Net Neutrality rules.

FCC chairman Tom Wheeler told reporters Thursday that commission staff sent letters on Wednesday to AT&T, Comcast and T-Mobile “to come in and have a discussion with us about some of the innovative things that they are doing.”

Wheeler said the letters are focused on data policies.

T Mobile has introduced a new “Binge On” policy that does not count some digital video services against data limits.

Comcast is rolling out its own live streaming TV service called “Stream TV” that would not count usage against data caps if using Comcast services.

AT&T has had “sponsored data plan” programs that allow content providers to subsidize users wireless data.

Wheeler said the commission wants to welcome innovation in its open Internet order. He said the commission wants to “keep aware” of what is going on.

On Dec. 4, a U.S. appeals court heard arguments on Friday over the legality of the FCC’s Net Neutrality rules, in a case that may ultimately determine how consumers get access to content on the Internet.

The fight is the latest battle over Obama administration rules requiring broadband providers to treat all data equally, rather than giving or selling access to a so-called Web “fast lane.”

(Reporting by David Shepardson; Editing by Chizu Nomiyama)

Frontier Agrees to $150 Million Settlement for West Virginia DSL Customers; A 2nd Lawsuit Continues

frontier wvFrontier Communications had to be chased by West Virginia Attorney General Patrick Morrisey to improve broadband speeds for at least 28,000 DSL customers who thought they were buying 6Mbps DSL service but ended up with maximum speeds of 1.5Mbps or less.

Frontier today agreed to a settlement with state officials to spend an extra $150 million to boost DSL speeds for rural customers around the state and offer deep discounts for affected customers until they can receive at least 6Mbps service. Today’s settlement has no impact on a separate class action lawsuit brought by Frontier customers who accuse the company of throttling broadband speeds to save money and reduce traffic on its network.

The agreement is the largest, independently negotiated consumer protection settlement in West Virginia history and is expected to improve broadband service over the next three years.

“This agreement is a game changer for the Mountain State,” Morrisey said. “The settlement helps consumers receive the high-speed service they expected, while directing significant monies to help fix connectivity issues that consistently keep our state from achieving economic success.”

For at least two years, Frontier customers sent Morrisey’s office complaints stating they were not getting the speed and performance Frontier advertised for its DSL service. While the company told both customers and investors it had blanketed West Virginia with speeds “up to 6Mbps,” many customers discovered the phone company locked their modems to receive no better than 1.5Mbps.

Attorney General Morrisey

Attorney General Morrisey

Frontier denied any allegation of wrongdoing and says it entered into the settlement to resolve disputed claims without the necessity of protracted and expensive litigation. But it will cost the company at least $150 million in additional upgrades, not including the $180 million Frontier already earmarked for broadband expansion in West Virginia, partly subsidized by the ratepayer-funded Connect America Fund.

About 28,000 customers identified by Frontier with modems the company provisioned for service at speeds of 1.5Mbps or lower will begin seeing an ongoing credit applied to their bills beginning Jan. 25, 2016, reducing the price of Frontier’s DSL service to $9.99 a month.

Affected customers can verify if they are included in the settlement on a special website Frontier has set up for its West Virginia customers.

The discounts will continue individually for each customer until the company can demonstrate it can deliver the 6Mbps speeds customers in West Virginia paid to receive. New Frontier DSL customers with speeds no better than 1.5Mbps will also qualify for the discount. Those with modems locked at speeds above 1.5Mbps but still getting less than 6Mbps will not benefit from this settlement, but may still get relief from a separate class action lawsuit covering customers in the state being heard in Lincoln County.

Last week, Lincoln County Circuit Judge Jay Hoke rejected an effort by Frontier to have the class action case dismissed. The company insisted its terms and conditions forbade customers from taking Frontier to court, requiring them to pursue arbitration instead.

fine printJudge Hoke rejected Frontier’s arguments, finding the phone company “buried” the arbitration clause in fine print on its website and on the last pages of customer billing inserts. Hoke also ruled Frontier was attempting to retroactively apply its arbitration clause years after customers initially signed up for broadband service.

“We are finally going to get our day in court,” Michael Sheridan, a Frontier customer in Greenbrier County and Stop the Cap! reader told the Charleston Gazette. Sheridan is suing Frontier over its poor performance in West Virginia. “We think this lawsuit is the best chance we’ll ever have of bringing real Internet to rural West Virginia.”

Frontier argued if customers were dissatisfied with its DSL service, they could have canceled but never did. The company did not mention many of the affected customers have no other options for broadband service except satellite Internet, which receives poor reviews.

“We respectfully disagree with the court’s ruling,” said Frontier spokesman Andy Malinoski. “In our view, arbitration provides for fair resolution of consumer concerns that is quicker, simpler, and less expensive than lawsuits in court. We plan to appeal.”

Frontier’s decision to appeal might take longer and cost more than addressing problems for at least some of the affected customers.

lincoln countyJudge Hoke also took a dim view of Frontier’s style of disclosing changes to its terms and conditions.

‘On the website, computer users must scroll to the bottom of the page and click on a “Terms & Conditions” link that’s “buried among 25 other links,” then click on two other links to find the arbitration provision that denies customers’ rights to a jury trial,’ Hoke wrote in his order. ‘There’s no button to click or box to check that allows customers to agree to Frontier’s terms. In monthly bills, the arbitration clause shows up one time on the “fourth and last page” of an insert and another time in “miniscule font,” Hoke found.

Customers would have to be psychic to guess Frontier had important news restricting their right to take a dispute to court.

“There is no reason whatsoever for a customer to turn to the last page,” Hoke wrote. “Additionally, the bills contain no prompting that customers should flip to the last page for information concerning Frontier’s desire to alter the customer’s right to a jury trial.”

While Frontier pursues its appeal at the state Supreme Court, Frontier is expected to lose million in revenue from the settlement with the Attorney General.

“The reduced rate gives Frontier a strong incentive to raise speeds for these customers,” Morrisey said.

Another provision in the settlement requires Frontier to pay $500,000 to the state’s Consumer Protection Fund. That payment will offset investigative and monitoring expenses in addition to helping defray the costs of transitioning consumers to higher Internet speeds.

Frontier spokesman Andy Malinoski said the company had planned to address the issues all along. He said the settlement will accelerate the improvements.

West Virginians seeking more information about the maximum speed their modem is provisioned to receive can call Frontier at 1-888-449-0217 for more information.

Those with further questions can contact the Attorney General’s Consumer Protection Division at 800-368-8808 or visit the office online at www.wvago.gov.

Regulators Want to Know Why Vidéotron Has Room for Unlimited Data for Some Apps, Not Others

videotron mobileThe Canadian Radio-television and Telecommunications Commission is asking some hard questions of Quebec-based mobile provider Vidéotron, which began zero-rating preferred partner music streaming services last summer that allow customers to stream all the music they want without it counting against their data cap.

The CRTC is examining whether the practice violates Canada’s Net Neutrality policies, which insist all content be treated equally.

“If, as Vidéotron has stated, congestion is manageable and there is no meaningful risk of service degradation as a result of offering Unlimited Music service, explain why Vidéotron did not either increase or eliminate data usage caps for your broader customer base instead of zero-rating certain applications or services,” the CRTC has asked.

Unlimited Music allows customers to stream Spotify, Google Play Music, Deezer and Canadian-owned Stingray Music without it counting against a customer’s allowance. Other streaming services do count, potentially putting them at a competitive disadvantage.

videotron_coul_anglais_webObservers say zero-rating enhances a customer’s perception that data has a measurable financial value, often arbitrarily assigned by competitors in a marketplace. If providers charge an average of $10 per gigabyte, customers will gradually accept that as the base value for wireless data, despite the fact many providers used to sell unlimited data plans for around $30. Zero rating content can be used in marketing campaigns to suggest customers are getting added value when a provider turns off the usage meter while using those services. Stream 3GB of music and a provider can claim that has a value of $30, but provided to you at “no charge.”

In the United States, most providers generally offer “bonus data” allowances in promotions instead of focusing on individual services. But T-Mobile goes a step further, also offering Music Freedom, a zero-rated music streaming service of its own.

Consumer reaction to the services are mixed. If a customer is a current subscriber to the preferred content, they often perceive a benefit from the free streaming. But customers looking to use a service not on the list may consider such plans unfair.

The CRTC will be awaiting Vidéotron’s formal answer.

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  • Timothy James: Well, it's a really dumb endgame, since the country will just end up like pre-1980s Africa. I'm not sure whether the Republicans have a plan beyond "c...
  • Timothy James: By that logic, the FCC shouldn't exist, because state and local laws conflict with federal laws by their very nature. As a federal institution they ne...
  • Timothy James: This move preempts any formal legislation from the FCC, allowing Comcast to lower the cap at their leisure. Meanwhile Republicans battle to strip the ...
  • Ava Cueto: Greetings Eufemia Deemer, my partner filled out a blank OPM OF-306 example here http://goo.gl/QmM7Ni...
  • Eufemia Deemer: Savvy comments . I am thankful for the information ! Does anyone know if my company might be able to find a fillable OPM OF-306 document to edit ?...
  • Jorge Schuldt: Savvy ideas - Incidentally if you want a a form , my boss encountered a blank form here http://goo.gl/J4D1Oz....
  • Paul Houle: Wow. On a bad day I wonder if this is a key part of the endgame of the Republican party. They see a minority-majority US coming so they try to s...
  • bern jenkins: Good commentary . I loved the points - Does anyone know if I would be able to find a fillable a form form to fill in ?...
  • jennifer: Horrific customer service. But don't worry, I was assured I'd have a technician come fix my internet a week from today. :/...
  • Kyle: It has nothing to do with consumer choice on broadband. It has to do with unelected bureaucrats in the FCC, who are not accountable to congress (the p...
  • Bryan: I would never support anyone who directly or indirectly would want to limit consumer choices for internet. If a municipality can provide faster and c...
  • Kyle: The FCC is not a federal court. They should not be able to overturn state or local law. This has nothing to do with municipal broadband. It has to do ...

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