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Cox’s Halloween Gift: New Usage Caps, Overlimit Fees for Florida and Georgia Customers

coxAfter gracing Cleveland, Ohio with the dubious honor of being the first Cox service area in the country to be treated to compulsory data caps and overlimit fees, Cox Communications has announced it is expanding its internet overcharging scheme to customers in Florida and Georgia starting Nov. 21.

Stop the Cap! readers in both states shared Cox’s service change notification introducing hard caps in both states next month.

“Cox High Speed Internet packages include 1 TB (1,024 GB) of data,” Cox explains. “Approximately 99% of Cox customers are currently on a data plan that more than adequately meets their monthly household needs.”

That begs the question: if 99% of customers are unaffected by a data cap, then why have a data cap at all?

Cox “Data Plans”

Note: Unused data does not carry over to the next month.

Package Monthly Data Plan Speeds

Download / Upload

Starter 1 TB (1,024 GB) 5 Mbps / 1 Mbps
Essential 1 TB (1,024 GB) 15 Mbps / 2 Mbps
Preferred 1 TB (1,024 GB) 50 Mbps / 5 Mbps
Premier 1 TB (1,024 GB) 100 Mbps / 10 Mbps
Note: 150 Mbps / 20 Mbps in select areas
Ultimate 1 TB (1,024 GB) 200 Mbps / 20 Mbps
Note: 300 Mbps / 30 Mbps in select areas
Gigablast (Where Available) 2 TB (2,048 GB) 1 Gbps / 1 Gbps

Content managed by Cox included in Cox-provided services do not count toward data usage:

  • TV and On Demand content accessed in the Contour app while connected to Cox in-home Wi-Fi
  • Cox Digital Telephone
  • Cox Homelife

Note: Third party content and content identified as internet services on receivers or TVGO in the Contour app may count toward data usage.

Customers in these areas who exceed their allowance will be billed $10 for each 50GB of excess usage. Customers will get a two-month grace period to become accustomed to internet rationing before the overlimit fees are added to customers’ bills.

Cox has not said if or when it will expand the data caps to other markets.

Customers can send Cox a message by calling the company and threatening to take your business to another provider specifically because of data caps and overlimit fees. Affected customers should also file a complaint with the FCC asking the federal agency to ban data caps as unnecessary and discriminatory against competing online video services.

Let the FCC know data caps are a major concern and are unnecessary considering the steep decline in internet provisioning and transit costs and the extremely high price (and profitability) providers already get from offering unlimited broadband service.

AT&T Launching 100+ Channel Cable-TV Streaming Alternative: DirecTV Now ($35/Mo)

att directvAT&T will launch its anticipated DirecTV Now all-streaming cable television alternative next month at an unprecedented price of $35 a month for more than 100 channels, viewable for free without counting against your AT&T smartphone or tablet usage allowance.

Targeting cord-cutters, the new service will not require a satellite dish or expensive equipment — just a reasonably fast internet connection.

AT&T CEO Randall Stephenson used the announcement at a Wall Street Journal-sponsored event to claim the new service was an example of how AT&T won’t increase prices as a result of its proposed merger with Time Warner, Inc.

“That’s not a medium for raising prices,” Stephenson said, referring to AT&T’s new service. “Anybody who characterizes this as a means to raise prices is ignoring the basic premise of what we’re trying to do here.”

AT&T and Time Warner’s respective CEOs appeared together at the event as part of a week-long press blitz to promote their $85.4 billion merger deal, which is getting considerable blowback from politicians, consumer groups, and Wall Street.

Stephenson and Time Warner CEO Jeff Bewkes claim they are re-inventing the cable television business model and forcing innovation.

“If there was ever an environment that was begging for innovation, it was this environment,” Stephenson said. Bewkes added: “We would say and we’ve been saying it since 1995, every channel in the country should look like HBO or Netflix—there’s no reason we can’t.”

AT&T defends its $35 price point, which is half the price many cable companies charge for cable television, claiming it can afford to charge those prices by doing away with service calls, equipment, satellites, and infrastructure that traditional cable operators have to cover. DirecTV Now will rely on smartphone and desktop apps, and presumably third-party set-top boxes like Roku and Apple TV to provide its lineup.

AT&T hasn’t announced an official channel list for the service, but AT&T has been in serious negotiations with most of the major content conglomerates, so the lineup is likely to cover all the major cable networks, presumably local stations, and include an on-demand library. Customers may not get some of the secondary cable networks most cable systems bury on three or four digit channel numbers in Channel Siberia, but few viewers are expected to miss channels that attract fewer than 50,000 viewers nationwide.

Stephenson promised that future programming cost increases would be offset by developing “new ad models” that will cover most of the price increases.

One impediment to AT&T and Time Warner’s grand plan is the pervasive issue of data caps and usage-based billing, which could prove a lethal deterrent to customers ditching traditional cable TV in favor of online alternatives. AT&T itself imposes data caps on its DSL service, and has an unenforced cap on U-verse. Comcast continues to charge overlimit fees for customers exceeding 1TB of usage per month and smaller cable operators often include even smaller usage allowances.

Customers are highly skeptical of DirecTV Now because AT&T is involved. David Hill shared his prediction:

Undoubtedly you will get a $35 rate… for 6 months.  Then because you have been a good, paying customer, they will raise it to $75 a month.  But of course, new customers, can still get the $35 deal plus a $400 Amazon gift card.

When you call customer support (if you can actually get through to a living person) and ask for the same $35 rate the new guys get, why you will be told that you cannot get that rate because, well, you already ARE a customer.  So eat dirt.

Then when you work your way via the endless menu items to cancel the service about 2 weeks later and for years after you will be flooded with endless postcards and letters BEGGING you to come back.  You were a GREAT customer and WE want YOU BACK.  Right now!

Is this a stupid marketing policy or not?  In my MBA classes we were somehow mislead into believing exiting customers were your top A, number one priority.  Yet these internet companies cannot be bothered with keeping you.  Jerks, plain and simple.

AT&T CEO Randall Stephenson said the company’s deal with Time Warner will result in a new TV service that will offer more than 100 premium channels for $35 per month. He sat down with Time Warner’s Jeff Bewkes and WSJ’s Rebecca Blumenstein at the WSJDLive conference in Laguna Beach, Calif. (5:05)

Pondering the Future of AT&T’s Dead-Brand Walking U-verse, DirecTV, and Data Caps

att directvWith the advent of AT&T/DirecTV Now, AT&T’s new over-the-top streaming TV service launching later this year, AT&T is preparing to bury the U-verse brand.

Earlier this year, AT&T customers noticed a profound shift in the company’s marketing priorities. The phone company began steering potential customers to AT&T’s latest acquisition, satellite television provider DirecTV, instead of U-verse. There is an obvious reason for this – DirecTV has 20.45 million customers as of the second quarter of 2016 compared to 4.87 million customers for AT&T U-verse TV. Volume discounts make all the difference for pay television companies and AT&T hopes to capitalize on DirecTV’s lower programming costs.

AT&T’s buyout of DirecTV confused many Wall Street analysts, some who believe the days of satellite television are past their peak. Satellite providers lack the ability to bundle services, although some phone companies partner with the satellite company to pitch phone, broadband, and satellite TV to their customers. But consider for a moment what would happen if DirecTV introduced satellite television without the need for a satellite dish.

Phillip Dampier: The "U" in U-verse doesn't stand for "unlimited."

Phillip Dampier: The “U” in U-verse doesn’t stand for “unlimited.”

AT&T’s DirecTV Now will rely on the internet to deliver television channels instead of a satellite. AT&T is currently negotiating with most of the programmer conglomerates that own popular cable channels to allow them to be carried “over-the-top” through broadband connections. If successful, DirecTV Now could become a nationwide powerhouse alternative to traditional cable TV.

AT&T is clearly considering a potential future where DirecTV could dispense with satellites and rely on broadband instead. The company quietly began zero rating DirecTV streaming in September for AT&T Mobility customers, which means watching that programming will not count against your data plan. For current U-verse customers, broadband speeds have always been constrained by the need to reserve large amounts of bandwidth to manage television viewing. Although AT&T has been boosting speeds in selected areas, a more fundamental speed boost could be achieved if AT&T dropped U-verse television and turned the service into a simple broadband pipe that relied on DirecTV Now to manage television service for customers.

AT&T seems well on the way, adding this notice to customer bills:

“To make it simpler for our customers U-verse High Speed Internet and U-verse Voice services have new names: AT&T Internet and AT&T Phone. AT&T Internet product names will now align with our Internet speed tiers. Our voice plan names will remain the same.”

An earlier internal company memo suggested AT&T would eventually transition all of its TV products into “AT&T Entertainment” after completing a transition to its “next generation TV platform.” Increasingly, that platform seems to be an internet-powered streaming solution and not U-verse or DirecTV satellite. That transition should begin in January.

Top secret.

Gone by end of 2016.

It would represent a formidable change, but one that makes sense for AT&T’s investors. The transition to IP networks means providers will offer one giant broadband pipe, across which television, phone and internet access will travel. The bigger that pipe becomes, the more services customers are likely to use — and that means growing data usage. Having a lot of fiber infrastructure also lays the foundation for expansion of AT&T’s wireless network — particularly towards 5G service, which is expected to rely on small cell technology to offer faster speeds to a more localized area — fast enough to serve as a home broadband replacement. Powering that network will require plenty of fiber optics to provide backhaul access to those small cells.

Last week, AT&T announced it launched a trial 100Mbps service using point-to-point millimeter-wave spectrum to offer broadband to subscribers in multiple apartment complexes around the Minneapolis area. If the initial trial is successful, AT&T will boost speeds to include 500Mbps service to those same complexes. AT&T has chosen to provide the service outside of its usual service area — Minneapolis is served by CenturyLink. AT&T acquired a nationwide license to offer service in the 70-80GHz band back in 2009, and an AT&T spokesperson claimed the wireless signal can reach up to two miles. The company is also experimenting with new broadband over power lines technology that could offer service in rural areas.

cheapJust like its wireless service, AT&T stands to make money not just selling access to broadband and entertainment, but also by metering customer usage to monetize all aspects of how customers communicate. Getting customers used to the idea of having their consumption measured and billed could gradually eliminate the expectation of flat rate service, at which point customers can be manipulated to spend even more to access the same services that cost providers an all-time low to deliver. Even zero rating helps drive a belief the provider is doing the customer a favor waiving data charges for certain content, delivering a value perception made possible by that provider first overcharging for data and then giving the customer “a break.”

As of mid-September, streaming media analyst Dan Rayburn noted Akamai — a major internet backbone transit provider — was selling content delivery contracts at $0.002 per gigabyte delivered, the lowest price Rayburn has ever seen. Other bids Rayburn has reviewed recently topped out at 0.5 cents per gigabyte. According to industry expert Dave Burstein, that suggests large ISPs like AT&T are paying something less than a penny per gigabyte for internet traffic.

“If you use 139GB a month, that costs your provider something like $1/month,” Burstein wrote, noting doubling backbone transit costs gives a rough estimate of the cost to the carrier, which also has to carry the bits to your local exchange. In this context, telecom services like broadband and phone service should be decreasing in cost, not increasing. But the opposite is true. Large providers with usage caps expect to be compensated many times greater than that, charging $10 for 50GB in overlimit fees while their true cost is well under 50 cents. Customers buying a cell phone are often fitted with a data plan that represents an unprecedented markup. The extent of price increases customers can expect can be previewed by looking at the cost of phone service over the last 20 years. The average, often flat rate telephone bill in 1995 was $19.98 a month. In 2014, it was $73 a month. In 2015, it was $90 a month. Those dramatically rising prices in the last few years are mostly as a result of the increased cost of data plans providers charge to clean up on customers’ growing data usage.

Both Comcast and AT&T are dedicated to a campaign of getting customers to forget about flat rate, unlimited service at a reasonable cost. Even as both companies raise usage caps, they continue to raise prices as well, even as their costs to provide the service continue to drop. Both companies hope to eventually create the kind of profitable windfall with wired services that wireless providers like AT&T and Verizon Wireless have enjoyed for years since they abandoned unlimited flat rate plans. Without significant new competition, the effective duopoly most Americans have for telecommunications services offers the opportunity to create a new, more costly (and false) paradigm for telecom services, based on three completely false claims:

  • data costs are expensive,
  • usage must be monetized, and
  • without a bigger return on investment, investors will not finance the next generation of telecom upgrades.

But as the evidence clearly shows, profits from selling high-speed internet access are only growing, even as costs are falling. Much of the drag on profits come from increasing costs related to licensing television content. Voice over IP telephone service is almost an afterthought for most cable and phone companies, often thrown in for $10-20 a month.

AT&T’s transition puts all the attention and its quest for fatter profits on its broadband service. That’s a bad deal for AT&T customers no matter what the company calls its “next generation” network.

Average Broadband Usage Reaches Cap-Bustin’ 190GB a Month

online-videoThe average American broadband-equipped household now uses 190GB a month, more than 95% of which is online video, according to a new report from iGR Research.

The detailed 125-page study of broadband speeds and usage, priced at $1,950, included some surprising changes in usage patterns.

In the past, as consumers upgraded their broadband plan to get faster speeds, their corresponding usage also increased. But iGR Research found that trend is no longer true as speed increases accelerate.

Iain Gillott, president of iGR Research, noted households with higher-speed connections don’t necessarily consume more data than those with lower-speed connections. Once broadband speeds achieve a rate fast enough to support high quality online video, further speed increases don’t always result in substantially higher consumption.

Gillott pointed out his own family recently upgraded to a 200Mbps connection and found little change in their monthly usage. That could be a problem for internet providers that cap customer usage while blaming increased demand.

“If we download a movie, it used to take 20 minutes to get HD. Now it takes three,” Gillott told Telecompetitor. “But it doesn’t mean we use any more data; it’s just that it took longer.”

Gillott noted customers upgrading from a slow speed DSL connection are another matter. Because DSL may only be able to support one or two concurrent video streams, many customers intentionally limited their simultaneous use of the internet to maintain usability. But once speeds increase to manage online video demands, usage often increases.

The report, U.S. Home Broadband and Wi-Fi Usage Forecast, 2015-2020, does forecast advancements in online video are likely to drive usage substantially higher than the current broadband allowances offered by many providers. The growth in 4K video alone could spike usage to as much as 500GB a month.

“What drives usage is more high-definition [content],” commented Gillott. “It doubles the amount of data used.”

Online video is driving almost all the usage growth in the United States. Gillott points to a cultural change in how television programming is being viewed in the United States. In short, fewer people are sharing time together watching the same show. Today, many people watch their own shows on their own devices.

“TV has become a personal activity,” said Gillott. “If you have four people in a household now, that means four times the data going in.”

Want 100Mbps from Charter? Fork Over $200 for Activation/Upgrade Fee

charter-spectrumStop the Cap! reader Gabe, a Time Warner Cable customer, recently decided to upgrade his service to Charter’s fastest internet plan in his area — Ultra/100Mbps. That upgrade stopped dead in its tracks when Charter Communications informed him there is a mandatory $200 “activation” fee for customers selecting 100Mbps service.

We learned this upgrade fee is not new for Charter Communications’ existing customers. First implemented in 2012, Charter Communications claims the activation fee is set at a level commensurate with the value of having premium speed service.

“Ultra is a premium service which results in higher incremental network investments, equipment costs, and other operating expenses,” Charter Communications wrote in 2012. “In an effort to maintain reasonable monthly recurring service fees, we have implemented a higher installation fee for Ultra customers.”

We’ve taken a look to see if this fee can be waived and we found no instance where customers can avoid it. However, customers signing up for business service, which costs about the same as residential service, can subscribe to 100Mbps and face a $99 installation fee instead of $200 in most areas.

Verizon Wireless Bill Shock is Back; Customers Complaining About Sudden Usage Increases

bill shockSome Verizon Wireless customers are reporting data usage numbers spiked on their bills to unprecedented levels this summer, giving the cellular company’s bean counters a heaping helping of overlimit fees, charged when customers exceed their data allowance.

The phantom usage problem has become noticeable enough to win attention from the consumer reporter at Cleveland’s The Plain Dealer, who found her own family of four suddenly blowing past their shared 15GB a month, resulting in a $30 overlimit fee.

“My family’s data usage has mysteriously increased significantly every month since February, except for one month,” wrote Teresa Dixon Murray. “My family of four pays for 15GB a month. We’re grandfathered in the old More Everything family share plan. We typically were using no more than 10GB a month. But for the last six months, that has increased steadily — and inexplicably. 8.2. Then 9.7. Then 10.6. Then 12.7. Two months ago, we got alerts that we were nearing our allotment and managed to take care to avoid going over. Last month, despite our efforts, we went over by 1.057GB, and were charged an extra $30.”

Murray questioned why her family’s phones were burning through their data allowance in the middle of the night, while connected to the family’s home Wi-Fi.

A Verizon representative explained phones may be connecting to Verizon’s network because of a new feature installed on some phones, including the Apple iPhone, called “Wi-Fi Assist.” This feature, which could also be called “Verizon Profit Assist” automatically ignores the fact you are connected to Wi-Fi and switches back to the Verizon Wireless network if the phone determines your Wi-Fi connection is “poor.”

“So what’s the definition of poor? I guess Verizon and our iPhones decide that,” Murray questioned.

This feature can be switched off from your phone settings.

They are coming.

They are coming.

But that hasn’t always stopped the overlimit fees. Some customers report they still incur overlimit fees even after switching cellular data off when they reach a warning from Verizon they are about to exhaust their allowance. Verizon charges $10 in overlimit fees, even in instances where the offending extra usage amounts to .0001GB.

Verizon claims its usage meter only provides an estimate of usage, and there are instances where the warning comes too late for a customer to stop using data before they’ve already exceeded their plan allowance. Verizon’s solution is to sell a $5/month “family coverage” add-on that allows parents to monitor data usage before it gets out of hand. But Verizon doesn’t guarantee it will stop overlimit fees based on the measurements of usage it provides.

That add-on plan may or may not have helped Valarie Gerbus, who is now facing a $9,100 Verizon cell phone bill she is adamantly refusing to pay.

The suburban Tampa customer regularly paid $118/month for her cell phone plan, which included 4GB of data usage — an amount she never exceeded, at least until July. Gerbus was shocked to open her bill and discover her normal monthly bill now also included $8,535 in overlimit fees for using 569GB of data in a single month:

(Image: The Plain Dealer)

(Image: The Plain Dealer)

On July 21, Verizon sent her a text, notifying her that she had used nearly all of her 4 gigabytes of data. The text said she could get 4 more gigabytes for $20. Realizing that she had two weeks before the end of the month, Gerbus bought the additional data.

Within an hour of the purchase, she received another text that told her she only had 10 percent left on the data that she had just purchased. The next text message she received said she could change her plan to 8 gigabytes for an additional $20 a month. She said she bought that upgrade to ensure she didn’t have any data overages.

In a span of several hours, she estimates that she received 40 to 50 texts saying that she needed to purchase more data. She turned the notification off, believing that there had been a glitch in Verizon’s system.

Gerbus said she realizes now that she should have contacted the company at that point, but she didn’t, as she feared being placed on hold by a customer service representative.

She later went to work and planned on paying the bill online. When she found her online statement, it said she owed $6,480 for using 490 gigabytes of data. She was shocked.

“I told them that I won’t pay the bill,” Gerbus told the newspaper. “I can either wait until they take it to a collection agency or when they take it to court. Either way, my credit history will be ruined. I can go bankrupt here.”

Verizon said they are not aware of any widespread problem, but is looking into phantom phone usage at night and some of the more extreme examples of bill shock, where bills extend into the thousands of dollars.

Affected customers report the high bills are, in some cases, tearing families apart.

“It got to the point that we were battling in our family,” reported Lockport, N.Y. resident Tom Walker, who told the newspaper their data usage soared for no apparent reason. “We were really asking each other, ‘Have you been on Facebook too much? What have you been doing?’ We were trying to figure out who was using all this data.”

Gerbus is almost thankful to pay Verizon Wireless a nearly $600 fee to exit her contract early as she switches to T-Mobile. Verizon’s engineers have no explanation for Gerbus’ bill, other than noting her phone contacted Amazon.com at least 400 times over a few days.

Providers with usage caps and usage-based pricing often consider their usage meters more reliable than their own customers, and when customers complain, many representatives trust the meter and insist on payment. When a customer like Gerbus complains about usage that is considerably above average usage, customer service representative are not always receptive.

“I told them that there was no way that I could have gone from 490 to 560 in a day,” Gerbus said. “The [Verizon] person said, ‘Yes there is.'”

Net Neutrality End Run: AT&T Exempts Its Own DirecTV Content from Its Mobile Data Caps

directvAT&T Mobility customers can now stream AT&T-owned DirecTV video on their mobile devices without fear of hitting their data allowance, because AT&T has exempted its own content from mobile data caps.

AT&T customers using the DirecTV iPhone app discovered the sudden exemption in an update released today, according to a report in Ars Technica:

“Now you can stream DirecTV on your devices, anywhere—without using your data. Now with AT&T,” the app’s update notes say under the heading “Data Free TV.” This feature requires subscriptions to DirecTV and AT&T wireless data services.

It sounds like the data cap exemption may not apply to all data downloaded by the app, as the update notes further say that “Exclusions apply & may incur data usage.” The service is also “Subject to network management, including speed reduction.” We’ve asked AT&T for more information and will provide an update if we receive one.

Customers can also use the app to download shows recorded on their home DVR straight to their mobile device(s) for viewing. Updates to the DirecTV apps for Android and iPad devices introducing similar exemptions are still pending as of this morning.

A description of "what's new" in the DirecTV app released this morning in the iTunes app store.

A description of “what’s new” in the DirecTV app released this morning in the iTunes app store.

AT&T is engaging in a practice known as “zero rating,” which exempts certain provider-preferred or owned content from that provider’s own data caps or allowances. Critics call zero rating an end run around Net Neutrality because users are more likely to use services that don’t count against their data allowance over those that do. The FCC’s definition of Net Neutrality prohibits providers from artificially enhancing the performance of certain websites at the expense of others, but says nothing about data caps or zero rating.



“All forms of zero rating amount to price discrimination, and have in common their negative impact on users’ rights,” said Raman Jit Singh Chima, policy director of Access, a group fighting for global preservation of Net Neutrality. “Zero rating is all about control. Specifically, control over the user experience by the telecom carrier — and potentially its business partners. We can see this is true when we look at how zero rating is implemented technically. Technologically, it is about manipulation of the network, where you guide or force the user to change the way they would otherwise use it.”

The FCC seemed to agree with Chima, specifically banning AT&T from exempting its own streaming video services and those of DirecTV from AT&T’s data caps in the agreement allowing AT&T to acquire DirecTV. But the FCC only mentioned AT&T’s caps on its DSL and U-verse home broadband services, not AT&T Mobility. AT&T took full advantage of the apparent loophole for its mobile customers.

AT&T has previously stated it does not discriminate against online content and is happy to exempt other video services from its data allowances and caps if those companies pay AT&T for the privilege.

The benefit of zero rating is obvious for AT&T. The company can now market its cell phone services to DirecTV customers with a significant advantage over competitors — free access to DirecTV video not available from Verizon, Sprint, or T-Mobile. It can also strengthen its earlier promotion offering unlimited DSL/U-verse service to those who bundle either product with a DirecTV subscription, by pitching zero rating for customers on the go.

AT&T’s competitors T-Mobile and Verizon also engage in zero rating on their mobile service plans.

AT&T to Urban Poor: No Discounted Internet Access if We Already Deliver Lousy Service

access att logoAT&T is adding insult to injury by telling tens of thousands of eligible urban households they do not qualify for the company’s new low-cost internet access program because the company cannot deliver at least 3Mbps DSL in their service-neglected neighborhood.

In one of the worst cases of redlining we have ever seen, AT&T is doubling down on making sure urban neighborhoods cannot get online with affordable internet access, first by refusing to upgrade large sections of income-challenged neighborhoods and then by refusing requests from those seeking the low-cost internet service the government required AT&T to provide as a condition of its merger with DirecTV.

The National Digital Inclusion Alliance reports their affiliates have run into serious problems helping AT&T customers sign up for Access from AT&T, the company’s new discounted internet access program open to users of the Federal Supplemental Nutrition Assistance Program (SNAP) — the modern-day equivalent of food stamps. Participants are supposed to receive 3Mbps DSL for $5 a month or 5-10Mbps for $10 a month (speed dependent on line quality).

“As some NDIA affiliates in AT&T’s service area geared up to help SNAP participants apply for Access in May and June, they found that a significant number were being told the program was unavailable at their addresses,” NDIA reported. “Some of those households had recent histories of AT&T internet service or had next door neighbors with current accounts. So, why were they being told AT&T did not serve their addresses?”

It turns out AT&T established an arbitrary threshold that requires participating households to receive a minimum of 3Mbps at their current address. But AT&T’s urban neighborhood infrastructure is so poor, a significant percentage of customers cannot receive DSL service faster than 1.5Mbps from AT&T. In fact, data from the FCC showed about 21% of Census blocks in the cities of Detroit and Cleveland — mostly in inner-city, income-challenged neighborhoods — still cannot manage better than 1.5Mbps DSL.

Remarkably, although these residents cannot qualify for discounted internet service, AT&T will still sell them 1.5Mbps DSL service… for full price. AT&T even admits this on their website:

access att

“If none of the above speeds are technically available at your address, unfortunately you won’t be able to participate in the Access program from AT&T at this time. However, other AT&T internet services may be available at your address.”

“About two months ago, NDIA contacted senior management at AT&T and proposed a change in the program to allow SNAP participants living at addresses with 1.5 Mbps to qualify for Access service at $5/mo,” NDIA wrote. “Yes, we know we were asking for the minimum speed to be lower than it should be, but paying $5/mo is better than paying full price and in many neighborhoods, both urban and rural, Access is the only low-cost broadband service option. I’m sorry to report that, after considering NDIA’s proposal for over a month, AT&T said no.”

“AT&T is not prepared to expand the low-income offer to additional speed tiers beyond those established as a condition of the merger approval,” is the official response of AT&T, leaving tens of thousands of AT&T customers unlucky enough to be victims of AT&T’s network neglect and underinvestment out in the cold.

Slowsville: These Cleveland neighborhoods marked in red cannot get anything faster than 1.5MBps DSL from AT&T.

Slowsville: These Cleveland neighborhoods marked in red cannot get anything faster than 1.5MBps DSL from AT&T.

Internet access is not just a problem in rural America. Urban neighborhoods are frequently bypassed for network upgrades because there is a sense residents cannot afford to pay for the deluxe services those upgraded networks might offer. Similar issues affected city residents that waited years for cable television to finally arrive in their neighborhoods. Some providers evidently felt they would not get a good return on their investment. Yet data consistently shows cash-strapped urban residents are among the most loyal subscribers to cable television, because it is less costly than many other forms of entertainment. This year, urban content viewers were among the most loyal cable TV subscribers, even millennials notorious for cord-cutting.

Regulators should review AT&T’s compliance with its DirecTV merger conditions. Access from AT&T should be available to every qualified home, particularly those AT&T will happily furnish with appallingly slow 1.5Mbps DSL, if customers agree to AT&T’s regular prices.

Federal Court Dismisses AT&T Throttling Lawsuit; AT&T Skates on a Loophole

Signage for an AT&T store is seen in New York October 29, 2014. AT&T Inc has made a bid for Yahoo Inc's internet business, Bloomberg reported on Wednesday, citing people familiar with the matter. REUTERS/Shannon Stapleton/File Photo

Signage for an AT&T store is seen in New York October 29, 2014. REUTERS/Shannon Stapleton/File Photo

WASHINGTON (Reuters) – A federal appeals court in California on Monday dismissed a U.S. government lawsuit that accused AT&T Inc  of deception for reducing internet speeds for customers with unlimited mobile data plans once their use exceeded certain levels.

The company, however, could still face a fine from the Federal Communications Commission regarding the slowdowns, also called “data throttling.”

The U.S. Court of Appeals for the Ninth Circuit said it ordered a lower court to dismiss the data-throttling lawsuit, which was filed in 2014 by the Federal Trade Commission.

The FTC sued AT&T on the grounds that the No. 2 U.S. wireless carrier failed to inform consumers it would slow the speeds of heavy data users on unlimited plans. In some cases, data speeds were slowed by nearly 90 percent, the lawsuit said.

The FTC said the practice was deceptive and, as a result, barred under the Federal Trade Commission Act. AT&T argued that there was an exception for common carriers, and the appeals court agreed:

The panel reversed the district court’s denial of AT&T Mobility LLC’s motion to dismiss, and remanded for an entry of an order of dismissal in an action brought by the Federal Trade Commission under section 5 of the FTC Act that took issue with the adequacy of AT&T’s disclosures regarding its data throttling plan, under which AT&T intentionally reduced the data speed of its customers with unlimited mobile data plans.

Section 5 of the FTC Act contains an exemption for “common carriers subject to the Acts to regulate commerce.” 15 U.S.C. § 45(a)(2). The panel held that AT&T was excluded from the coverage of section 5 of the FTC Act, and FTC’s claims could not be maintained. Specifically, the panel held that, based on the language and structure of the FTC Act, the common carrier exception was a status-based exemption and that AT&T, as a common carrier, was not covered by section 5.

Asked about the appeals court ruling, a spokesman for AT&T said: “We’re pleased with the decision.”

An FTC spokesman said the agency has not yet decided whether to appeal. “We are disappointed with the ruling and are considering our options for moving forward,” FTC spokesman Jay Mayfield wrote in an emailed comment.

The company, however, could face action from the FCC. In June 2015, the agency proposed a fine of $100 million for AT&T’s alleged failure to inform customers with unlimited data plans about the speed reductions. AT&T has contested that proposed fine.

(By Diane Bartz; Editing by Paul Simao and Matthew Lewis; Additional reporting by Stop the Cap!)

AT&T’s Latest Sneaky Wireless Rate Hike

Always looking for a new angle.

Always looking for a new angle.

While T-Mobile and Sprint are preparing to battle it out offering dueling unlimited data plans, Verizon Wireless and AT&T are continuing to raise prices for many customers while pushing upgrades on customers some do not need.

This week, AT&T officially introduced its Mobile Share Advantage plan, with most of the advantages going to AT&T.

Per device fees have shot up by as much as 33% if you have more than two smartphones on your account. AT&T used to charge $15 per smartphone as a device fee. Now it is $20, offset in many cases by some reductions in data plan costs. But once you add a third device, you are paying a $5 rate increase per device.

The company is also trying to clean up its reputation by eliminating the scourge of data-related overlimit fee bill shock. Before the change, AT&T customers faced an overlimit fee of $5 for each 300MB used on its 300MB data plan and $15 per gigabyte on other plans. Instead of billing overlimit fees, AT&T is adopting punishing speed throttles for customers over their allowance. Once customers exceed their plan limit, speeds are reduced to 2G levels, up to 128kbps. While that is just painful for web pages, it makes watching video and uploading photos next to impossible without experiencing frustrating network timeout error messages.

Gone are the 2, 5, and 15GB plans. Customers can now choose from 12 different usage plans ranging from 1-100GB.

data plans att

But AT&T’s most conservative users of data are going to pay more under the new plan. Customers enrolled in the old 2GB $30 data plan, suitable for those who use their phones to check e-mail and view web pages, will find that same $30 will only buy them 1GB if they switch to the new plan. To avoid the likelihood of hitting the speed throttle, these customers will have to upgrade to a 3GB plan for $40 — a $10 increase.

For everyone else who happens to slightly exceed their data allowance, many may end up preferring the old $15 overlimit fee system. Under the new plan, customers have to live with speed throttles that make their devices almost unusable until the billing cycle refreshes. We predict many customers won’t wait and will upgrade their data plan to restore functionality. But upgrades from the 3GB and 6GB plans come in $20 increments — $5 more than the overlimit fee charged for slightly going over. Even worse, if the overage was a one-time issue, many customers will spend $20 more on a data allowance many probably won’t use.

Customers are free to keep their existing plan, for now. But if they change plans, they won’t be able to switch back.

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