Another Broadband Usage Meter Bungle: New Zealand’s Telecom Forced to Reimburse Customers for Internet Overcharging

New Zealand Telecom

New Zealand’s Telecom is the latest company caught with a defective broadband usage meter that overbilled 150,000 of their 500,000 customers for Internet usage never utilized.  The problem was tracked to a “technical problem” involving the company’s network upgrade in preparation for the introduction of TiVo.  Telecom’s engineering partner Juniper was held responsible for introducing the error which resulted in more than one hundred thousand customers finding their broadband speeds reduced for “excessive usage” to near-dial-up or billed steep overlimit penalties for the months of November and December.

On December 23, Telecom sent out letters to around 150,000 customers informing them of the error.

“Our reports show us that you will have experienced slowed internet speeds earlier than expected in your billing months,” said the letter, signed by Telecom’s general manager of broadband, Ralph Brayham.

Telecom spokeswoman Emma-Kate Greer told the New Zealand Herald all customers who had been affected by over-charging or slowed internet speeds had been identified.

They had been refunded and credits had been given to “customers who may have been incorrectly slowed.”

Customers shocked by their November and December bills were initially stuck taking Telecom’s word for the overbilling, resulting in lots of finger-pointing in New Zealand households.  The Herald reported:

Sarah Broughton, from Herne Bay in Auckland, said she had been frustrated by the slow broadband, and had accused one of her flatmates of downloading too many movies.

“There are six people living in our house. We all suspected everyone else was downloading heaps,” she said.

“We were blaming other people.

“I never suspected it was Telecom. You think when you give them money they are going to use it properly.

“It’s just been so annoying.”

Usage meters, a vital component of Internet Service Providers seeking an enhanced payday from Internet Overcharging schemes that bill customers based on how much data they consume, have been controversial because of questions regarding the accuracy of their measurements.  Most providers do not permit independent verification of the accuracy of their meters, despite their accounting for a significant portion of a customer’s monthly broadband bill.

It took a concerted, organized effort by members of the Geekzone website to “out” Telecom’s erroneous billing practices and get the company to issue compensation to impacted customers.

Former AOL-Time Warner CEO: Sorry I Screwed Up The Company In the Worst Deal of the Century

Phillip Dampier January 5, 2010 Editorial & Site News, Video 2 Comments

Brain Trust: Time Warner's Gerald Levin (left) and AOL's Steve Case (right)

Gerald Levin, the former CEO of Time Warner, who presided over the company’s disastrous merger with the AOL online service confessed “I presided over the worst deal of the century, apparently.”

Appearing Monday on CNBC with Steve Case, former head of AOL, the two lamented the blockbuster wealth destruction vehicle on its 10th anniversary.

“I’m really very sorry about the pain and suffering and loss that was caused. I take responsibility,” Levin said. “It wasn’t the board. It wasn’t my colleagues at Time Warner. It wasn’t the bankers and lawyers.”

“It’s a little hard to exercise compassion, connection, and love when the market is very unforgiving,” Levin added.

The striking admission that a corporate master of the universe exercised flawed judgment was rare enough, but to apologize for it is near unprecedented.

The Times-Online called it “a tad late,” coming a decade after the deal, noting the deal was only made possible because of the Dot.com Boom launching AOL stock value into the stratosphere.

“In the US, there have been no apologies from the chief executives who steered Wall Street banks on to the rocks, notably Dick Fuld of Lehman Brothers. Given he is likely to spend the rest of his life defending legal actions, that is hardly surprising,” the newspaper adds.

The Financial Times notes corporate apologies come with some rules of etiquette:

There are – rightly – limits on what responsibility a business can accept until it has talked to its lawyers. Executives whose contrite words turn out to contain too great an admission of liability may soon end up apologising all over again.

But there are a few straightforward rules for an effective corporate apology, and the first one is to keep it simple. Expressions of penitence that come with explanations of how the event was not a total catastrophe or was partly someone else’s fault lose their impact. Equally, a statement that equivocates on the extent of remorse will fail to convince. The apology must also be clearly directed at those adversely affected by what has happened, rather than aimed at making those responsible feel better about it.

Mr Levin mixed his belated apology with a call for today’s corporate leaders to accept responsibility for the financial crisis. Though some bank executives have apologised, expressing regret for this crisis is a harder task than it sounds. People can take responsibility only for their own misdeeds, but explaining this may sound weaselly. At the same time, if an angry public favours ritual sacrifice, then other acts to make amends might seem inadequate. So those executives who pull off an effective apology for the crisis deserve our respect – as long as they do not leave it until 2018.

Amusingly, post colossal failure, the two executives have found remarkably similar career paths divorced from the high tech telecommunications market.

Levin runs the California-based new-agey Moonview ‘addiction-rehab-for-the-rich’  Sanctuary, which markets itself as “a place to revel in the wonder of you.”  New York Magazine said Levin was pitching “brain painting, equine therapy and soul communion with the dead.”

Moonview’s “comprehensive multi-modal mind, body and spirit assessment creates a customized plan of psychological, spiritual, physical healing and optimal performance.”

It had better.  They don’t take health insurance and charge $2,500 for a one-half day and from $5,000 for a full day. Minimum is $15,000.  That makes me depressed.

Steve Case founded Revolution, which claims to: “drive transformative change by shifting power to consumers and building significant, category-defining companies in the process.  Focusing on multiple market sectors, including Health, Financial Services, Resorts, Living and Digital, Revolution’s mission is to give people better choices, more control and more convenience in the important aspects of their lives.”

Looking through their collection of companies, the middle class need not apply.  I especially enjoyed Case’s vision of a getaway with his “Exclusive Resorts” company:

We believe that your Exclusive Resorts membership plan should be designed around your lifestyle, not the other way around.

With Membership Fees starting at $160,000 (75% refundable) and Annual Dues of just under $1,000 per day on all plans, our memberships are designed to be tailored to your individual needs.  A wide range of plans from 10 to 60 days of vacation per year and optional features such as priority holiday access ensure that you will find the unique combination that is right for you.

My last vacation getaway was in Calgary and Kananaskis Country in Alberta in 2007.  The private chef “at your beck and call” at Exclusive Resorts for them was a trip to Tim Horton’s for me.

But then I didn’t preside over the worst deal of the century, requiring a mind, body and spirit assessment and a getaway to the French Alps.

[flv]http://www.phillipdampier.com/video/CNBC 10 Years After AOL-Time Warner, Gerald Levin Says He’s Sorry 1-4-10.flv[/flv]

Gerald Levin and Steve Case revel in the wonder of their failure 10 years ago merging Time Warner with AOL. (22 minutes)

AT&T: Basic Telephone Service In Death Spiral – Deregulate Us For 21st Century Upgrade

Phillip Dampier

In a remarkable statement to the Federal Communications Commission in Washington, AT&T has joined Verizon in predicting the imminent demise of Ma Bell’s classic telephone network.

AT&T writes in its 30 page comment, “That transition is underway already: with each passing day, more and more communications services migrate to broadband and Internet Protocol (IP)-based services, leaving the public switched telephone network (“PSTN”) and plain-old telephone service (“POTS”) as relics of a by-gone era.”

AT&T claims abandoning the old legacy phone network would help the company devote its full resources into staying relevant by constructing a broadband, IP-based network that would deliver voice, data, and video to consumers, presumably over its U-verse platform.  That, according to AT&T, could help the company achieve universal broadband coverage in its service areas, but only if investment-friendly regulations are supported by Washington policymakers.

The Commission has been charged by Congress with formulating a National Broadband Plan that will result in broadband availability for 100% of the United States. That auspicious goal is within reach, but […] will not be met in a timely or efficient manner if providers are forced to continue to invest in and to maintain two networks. Broadband is dramatically changing the way Americans live, work, obtain health care, and interact with the government. Congress and the Commission have rightly made universal broadband access a core national priority. But achieving this goal will take an enormous investment of capital. Private investment from network operators has brought broadband access to over 90% of Americans, and these operators will continue to play a pivotal role in bringing broadband to the remaining 8-10% of citizens who do not currently have broadband access. It is accordingly crucial that the Commission pursue forward-looking regulatory policies that remove disincentives to private investment and encourage operators to extend broadband to unserved areas.

While broadband usage – and the importance of broadband to Americans’ lives – is growing every day, the business model for legacy phone services is in a death spiral. Revenues from POTS are plummeting as customers cut their landlines in favor of the convenience and advanced features of wireless and VoIP services. At the same time, due to the high fixed costs of providing POTS, every customer who abandons this service raises the average cost-per-line to serve the remaining customers. With an outdated product, falling revenues, and rising costs, the POTS business is unsustainable for the long run.

AT&T cites a growing number of Americans cutting their wired phone line service — 22% according to the National Center for Health Statistics.  Craig Moffett from Bernstein Research pegs it closer to 25%, with an additional 700,000 phone lines being disconnected every month.  With a shrinking customer base, the viability of companies providing only wired phone service has come into question.  Verizon and AT&T, the nation’s largest phone companies, have made the judgment it’s a dying business.  Conversely, Frontier Communications and a few other independent phone companies remain believers in rural copper wire phone networks, and are willing to buy the discarded, mostly rural regions their bigger counterparts can’t wait to exit.

But AT&T’s advocacy for an end to “plain old telephone service” is just a tad self-serving when one explores their “To-Do” list for Washington regulatory agencies and lawmakers.  AT&T suggests their future plan benefits all Americans.  Critics would contend it mostly benefits AT&T and its shareholders, especially in light of AT&T’s future revenues being directly impacted by customers disconnecting their AT&T phone lines.  AT&T themselves note collective industry revenue for basic phone service fell from $178.6 billion in 2000 to $130.8 billion in 2007, a 27% decrease.

AT&T’s Action Plan to Avoid Obsolescence Explored

AT&T's U-verse system represents AT&T's broadband-based network

At the heart of AT&T’s proposal for 21st century telephone service is an end to analog telephone service, designed more than 100 years ago to carry voice calls, and the launch of broadband-based service to every home in their service area.  From this new platform, AT&T can deliver telephone, television, and Internet service over a single network.  In fact, they already do in several cities where AT&T’s U-verse has launched. Instead of getting one revenue stream from basic phone service, AT&T can now earn from any number of services a broadband platform can support.

AT&T compares their plan with the transition from analog to digital television, except you won’t have to trade in your existing phones or attach converter boxes to every telephone in the house.  Just like the switch to digital television, AT&T wants a date certain to pull the plug on Ma Bell’s old phone network, the sooner the better.

But AT&T’s plan has plenty of strings attached.

First, the company believes the only path to private investment and a successful transition is a near-complete deregulation of the telephone industry.  It wants the federal government, specifically the FCC, to take control of oversight of phone companies across America, if only to end a patchwork of state regulations and service requirements.  Remember, the Ma Bell most Americans grew up with was a regulated monopoly.  In return for guaranteed profits, phone companies agreed to meet service obligations, provide service to any home or business that wanted it, serve the disabled, and provide discounted phone service to the economically disadvantaged.  Rural customers were assured they would have access to phone service and at reasonable prices, and if something stopped working, government oversight ensured problems would be repaired to the customer’s satisfaction.

In AT&T’s view, such requirements are quaint and outdated, and it wants to bear few of those burdens going forward.  Indeed, in a too-cute-by-half aside, the company argues that since it will design the network to operate under the same protocol the unregulated Internet uses, it should be unregulated as well.

Such deregulation could impact a myriad of policies governing phone service that most Americans take for granted — minimum service standards, requirements that telephone companies complete calls between one another – even if competitors, and reasonably priced basic phone service even in the most remote locations.  But AT&T is asking for even more – a comprehensive review and possible elimination of any regulation that could be interpreted as interfering with the transition to an all-broadband telephone network.  AT&T includes everything but the kitchen sink in this category, ranging from service quality requirements, reporting, recordkeeping, data collection, accounting, and depreciation and amortization rules governing how quickly the company can write off obsolete equipment.

Ma Bell's network is due for a retirement, advocates AT&T

Ironically, AT&T wants deregulation -and- access to public taxpayer dollars to construct their new network.  The company advocates government-funded award programs to promote universal broadband access.  One would provide money for wired broadband service, perfect for companies like AT&T that want to build those networks, and another for wireless mobile projects to expand service into unserved or underserved areas, also perfect for AT&T Mobility — the same wireless carrier slammed by Verizon Wireless for largely ignoring rural America with 3G wireless data upgrades.

While there is some justification for a review of federal and state rules that may no longer realistically apply to today’s telecommunications marketplace, AT&T goes out of its way to be self-serving in its recommendations.  It dangles the bright and shiny object of a 21st century broadband-based telephone network, but only if they get to run it essentially “no questions asked,” with little oversight and an infusion of public taxpayer dollars to compliment private investment.

AT&T may be correct that the days for Ma Bell’s “plain old telephone service” are indeed numbered.  But for a company that earns billions in profits and answers to shareholders demanding maximum return, shouldn’t their long term well-being first be a question between AT&T management and shareholders?  Are they incapable of a private course correction that makes their future relevance more secure?  AT&T’s U-verse did not require public tax dollars to be successful, and the company spent generously on lobbyists and astroturf campaigns to smooth the way forward with “statewide franchising,” bypassing local government oversight.

The real question on the table is how far does the Obama Administration and the FCC want to go to achieve universal broadband?  AT&T suggests that only massive deregulation will entice private investors to step up and make the investments required to help achieve whatever definition of “universal broadband” the Commission comes up with.  But that price is way too high to pay.  AT&T answers first and always to its shareholders.  If they want public tax dollars funding, even in part, their transition to an all-broadband future, they must also answer to the other “stockholders,” namely the American people helping to foot the bill.

DirecTV Directly Reaches Your Bank Account With Rate Hike for 2010

Phillip Dampier January 4, 2010 Competition 6 Comments

Cable companies, U-verse, and FiOS aren’t alone in raising prices in the New Year.  Satellite provider DirecTV has mailed a rate hike notice to its subscribers effective February 9, 2010.  Many of their packages are being streamlined, and some existing subscribers to packages not noted below are also impacted with price increases.  Most will see an increase averaging $3 a month.  Thanks to The Gadgetress at The Orange County Register who put it all in chart form.

DVR fees will also increase, from $5.99 to $7 a month.

Those on promotional price packages or a contract term will see no change in pricing until their promotion or contract expires.

DirecTV service 2009 price 2010 price Increase
Premier $109.99 $114.99 4.5%
Lo Maximo $109.99 $114.99 4.5%
Choice Xtra $60.99 $63.99 4.9%
Choice $55.99 $58.99 5.4%
Preferred Choice $35.99 $38.99 8.3%
Jadeworld $36.99 $39.99 8.1%
Optimo Mas $44.99 $47.99 6.7%
Total Choice Mobile n/a $63.99 n/a
Plus HD DVR $75.99 $79.99 5.3%
Plus DVR $65.99 $69.99 6.1%
Select $48.99 $51.99 6.1%
Basico $32.99 $35.99 9.1%

For those who are curious, the 2010 prices are between 9.5 percent to 60 percent higher than 2008’s prices:

DirecTV service 2008 price 2009 price 2010 price 08-10 increase
Premier $104.99 $109.99 $114.99 9.5%
Lo Maximo $104.99 $109.99 $114.99 9.5%
Plus HD DVR $72.99 $75.99 $79.99 9.6%
Plus DVR $62.99 $65.99 $69.99 11.1%
Choice Xtra $57.99 $60.99 $63.99 10.3%
Familiar Ultra $54.99 $57.99 $60.99 10.9%
Choice $52.99 $55.99 $58.99 11.3%
Preferred Choice $32.99 $35.99 $38.99 18.2%
Select n/a $48.99 $51.99 n/a
Basico $29.99 $32.99 $35.99 20.0%
Basic (international) $9.99 $12.99 $15.99 60.1%

DirecTV E-Mail to Subscribers:

Dear DIRECTV Customer,

Your business is important to us. We want you to know about any changes to your DIRECTV® service as far in advance as possible. That is why we are writing to let you know of a potential change to your DIRECTV bill.

On February 9, 2010, new pricing will be applied to DIRECTV programming packages and services.

DIRECTV is the leader in satellite television and will continue to bring you the best in entertainment:

New Rates for DIRECTV® Service: New prices take effect February 9, 2010, and will appear on billing statements issued after that date. See the detailed information below as it relates to your service. If your current DIRECTV base package price is part of a national promotional 12-month or “Lock in Your Price for 12 Months” offer, you will continue to receive this price for the remainder of your offer period. As of next month’s bill, your promotional price will be shown on your statement as the new price along with a credit. Note: if you change your current base package, you may no longer be eligible for the credit.

Base Packages: Base packages include local channels, where available. Packages and their new prices: CHOICE™ $58.99/mo. CHOICE XTRA™ $63.99/mo. PREFERRED CHOICE™ $38.99/mo. PREMIER™ $114.99/mo. TOTAL CHOICE® MOBILE™ $63.99/mo.

The following legacy base packages* and their new prices: BASIC $15.99/mo. BÁSICO™ $35.99/mo. DIRECTV LIMITED $27.99/mo. FAMILIAR™ $51.99/mo. FAMILIAR ULTRA™ $60.99/mo. OPCIÓN ESPECIAL® $35.99/mo. OPCIÓN EXTRA™ $43.99/mo. OPCIÓN EXTRA ESPECIAL® $52.99/mo. OPCIÓN PREMIER® $108.99/mo. OPCIÓN ULTRA ESPECIAL® $54.99/mo. OPTIMO MÁS PLUS DVR $53.99/mo. PLUS DIRECTV $36.99/mo. PLUS DVR™ $69.99/mo. PLUS HD DVR™ $79.99/mo. SELECT CHOICE® $41.99/mo. TOTAL CHOICE® $57.49/mo. TOTAL CHOICE® LIMITED $48.99/mo. TOTAL CHOICE® PLUS $61.49/mo. SELECT will increase $3.00/mo. DIRECTV® DVR Service fee $7.00/mo.

*These packages are no longer available for sale. Customers who currently subscribe to these packages may maintain them as long as their account is in “good standing”, as determined by DIRECTV in its sole discretion. For complete pricing and packaging information, visit directv.com/packages.

Cable Cartel’s Plan to Kill Online TV: No Cable Subscription? No Online TV – Consumer Groups Call That Collusion

Phillip Dampier January 4, 2010 Comcast/Xfinity, Data Caps, Issues, Online Video 17 Comments

Comcast blocks C-SPAN programming for those who are not Comcast customers

Public interest groups today began an offensive against the cable industry’s attempts to stave off potential online video competition with an industry dominated and controlled online video platform that guarantees consumers won’t cut cable’s cord.

Free Press, Media Access Project, Public Knowledge and Consumers Union are sending letters to the Justice Department and the Federal Trade Commission calling for a probe into the industry’s “TV Everywhere” project, designed to weed out non-cable subscribers from accessing online video programming.

The undertaking, which the industry claims will eventually rival Hulu in size and scope, seeks to provide their broadband customers with on-demand access to as much programming as possible, as long as they subscribe to a corresponding video programming and broadband service package.

Known in the industry as a “pay wall,” the system would assure pay television companies affiliated with the project that they will not lose subscribers from customers cutting the cord to watch programming online for free.  Consumer groups call that collusion, and accuse the industry of secretly meeting to outline the TV Everywhere concept and may be violating anti-trust laws in the process.

“The old media giants are working together to kill off innovative online competitors and carve up the market for themselves,” said Marvin Ammori, a law professor at the University of Nebraska and senior adviser to Free Press. Ammori’s report: TV Competition Nowhere: How the Cable Industry Is Colluding to Kill Online TV, is included in the mailing to the federal agencies.

Ammori says the industry has a long history of controlling behavior.

“Over the past decade, they have locked down and controlled TV set-top boxes to limit competing programming sources; they have considered imposing fees for high-capacity Internet use in ways that would discourage online TV viewing; and they have pressured programmers to keep their best content off the Internet,” Ammori writes.

In addition, these companies, which already dominate the Internet access market, have threatened to discriminate against certain online applications or have already been caught violating Network Neutrality. Indeed, the FCC issued an order in 2008 against Comcast for blocking technologies used to deliver online TV, noting the anti-competitive effect of this blocking. While it may be economically rational for cable, phone and satellite companies to squash online competitors, the use of anti-competitive tactics is bad for American consumers and the future of a competitive media industry.

The latest method of attack aimed at online TV, however, may be the most threatening — and is also likely illegal. Competition laws aim to ensure that incumbent companies fight to prevail by providing better services and changing with the times, not by using their existing dominant position and agreements to prevent new competitors from emerging.

TV Everywhere has a simple business plan, under which TV programmers like TNT, TBS and CBS will not make content available to a user via the Internet unless the user is also a pay TV subscriber through a cable, satellite or phone company. The obvious goal is to ensure that consumers do not cancel their cable TV subscriptions. But this plan also eliminates potential competition among existing distributors. Instead of being offered to all Americans, including those living in Cox, Cablevision and Time Warner Cable regions, Fancast Xfinity is only available in Comcast regions. The other distributors will follow Comcast’s lead, meaning that the incumbent distributors will not compete with one another outside of their “traditional” regions.

In addition, new online-only TV distributors are excluded from TV Everywhere. The “principles” of the plan, which were published by Comcast and Time Warner (a content company distinct from Time Warner Cable), clearly state that TV Everywhere is meant only for cable operators, satellite companies and phone companies. By design, this plan will exclude disruptive new entrants and result in fewer choices and higher prices for consumers.

This business plan, which transposes the existing cable TV model onto the online TV market, can only exist with collusion among competitors. As a result, TV Everywhere appears to violate several serious antitrust laws. Stripped of slick marketing, TV Everywhere consists of agreements among competitors to divide markets, raise prices, exclude new competitors, and tie products. According to published reports and the evident circumstances, TV Everywhere appears to be a textbook example of collusion. Only an immediate investigation by federal antitrust authorities and Congress can prevent incumbents from smothering nascent new competitors while giving consumers sham “benefits” that are a poor substitute for the fruits of real competition.

Ammori

The benefits of controlling the marketplace of video and online entertainment is a lucrative one, earning players billions in profits each year.  Losing control of the business model risks the industry repeating the mistakes of the music industry, which overpriced its product and alienated consumers with annoying digital rights management technology and lawsuits.  It also risks a repeat of the newspaper industry which many in the cable industry believe made the critical mistake of giving away all of their content for free.

With online video services like Hulu generating enormous online traffic from its free video programming, the cable industry fears they might already be headed down the road newspapers paved.  TV Everywhere is part of a multi-pronged defense plan according to Ammori.

Indeed, what the industry cannot control themselves, Internet Overcharging schemes like usage caps and “consumption billing” can handily manage.

Ammoni notes:

Cable and phone companies have proposed cap-and-metered pricing for Internet service that appears to target online TV. Unlike the current all-you-can-eat monthly fee-plans, cap-and-metered pricing would charge users based on the capacity used. As a result, downloading or streaming large files will be more expensive than smaller files. In March 2009, Time Warner Cable announced metered pricing trials in four cities that would have made watching online TV cost prohibitive.

AT&T is testing a metering plan on its wireline U-verse service with hopes for national expansion. Even under generous allowances for bandwidth, users could not watch high-definition programming for many hours a day.

In response to trials by Time Warner Cable, a House bill was introduced in Congress, and Time Warner Cable dropped its immediate plans under consumer pressure. The company stated the plans would be reintroduced following a “customer education process.”

“Online TV is this nation’s best shot at breaking up the cable TV industry oligopolies and cartels. Permitting online distributors to compete vigorously on the merits for computer screens and TV screens will result in increased user choice, more rapid innovation, lower prices and a more robust digital democracy,” Ammoni concludes.

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