Plans by Frontier Communications to clamp down on “excessive usage” of their DSL service and overcharge customers who exceed 100GB of usage per month brought a strong negative reaction from a consumer group, who called Frontier’s limits “divorced from the underlying economics.”

Sources also tell Stop the Cap! the company is actively working on changing language in their Acceptable Use Policy that, as of this morning, is still misleading customers in Minnesota about their service.

A Frontier spokesperson also told an Oregon newspaper Frontier’s acquired FiOS service areas are not guaranteed cap-free service — the company may implement some restrictions there as well.

But first, Frontier Communications’ Acceptable Use Policy no longer matches reality for customers in Mound, Minnesota who are getting notified that their service is at risk of being shut off if they don’t agree to new, dramatically-higher priced service plans.  But such e-mails run contrary to several sections in the company’s own published policies:

Frontier’s Residential Acceptable Use Policy (Last Update: December 23, 2008) (PDF Archived 4/15)

The Company has made no decision about potential charges for monthly usage in excess of 5GB.

Frontier’s Supplementary “5GB” Addendum to their Acceptable Use Policy (PDF Archived 4/15)

Frontier has not implemented tiered usage plans and will continue to evaluate if and when they would be necessary. If and when Frontier implements a tiered usage plan pricing and usage information will be communicated to all High-Speed customers.

Does Frontier plan to limit my use of the Internet?
Frontier is providing (NOT LIMITING) all customers with a minimum of 5GB of usage on a monthly basis. The Company has made no decision at this time to charge for additional usage but wants to start to educate customers about their usage.

If I hit 5GB will my service be interrupted?
No. Your service will not be interrupted at 5Gb. You will continue to use our High Speed Internet service without disruption.

How will I know how many Gigabytes I am using?
Sometime in the future, Frontier will provide to all customers visibility as to what your usage is on a daily, weekly and monthly basis. We will also provide a the ability to estimate bandwidth usage for different types of activities – like streaming video downloads or file sharing. These tools will give our customers the ability to make informed decisions about broadband usage consumption.

Tell that to the customers in Mound who have 14 or fewer days and counting to either pay extortionist broadband pricing, curtail their usage, or go elsewhere for service (if they can).

It’s no surprise some customers in Mound are outraged when receiving the company’s e-mailed notification about paying higher prices for usage because it runs completely contrary to the published policies of Frontier’s broadband service.

That’s just one more mistake in a series of mistakes Frontier has made in marketing its broadband service, especially in areas where consumers can take their business elsewhere and not have to worry about exceeding Frontier’s minuscule usage allowance.

Wendy Davis at MediaPost quotes a statement released by Free Press research director S. Derek Turner: “While there may be a place for discussing reasonable usage-based billing, the scheme Frontier is testing is completely divorced from the underlying economics. Even worse than their price-gouging is Frontier’s assertion that a mere 5 gigabytes per month is a ‘reasonable’ amount of usage when just last month the National Broadband Plan reported that average Internet users with a fixed connection consume 9 gigabytes of data per month.”

Davis also managed to get a Frontier spokesperson on the record about the debacle, telling MediaPost, “the company is only trying to prevent some exceptionally heavy bandwidth users from degrading service for others on the network. She also says that people who received the letters were given an option of decreasing their bandwidth consumption or switching to a different, higher-priced plan.”

Yet the concept of DSL customers degrading the broadband experience of other customers on the network is itself controversial, as DSL providers have always emphasized they do not suffer from slowdowns like shared networks used by cable broadband providers.  While heavy consumption can theoretically congest “middle mile” networks that serve regional areas or connect telephone company switching offices, those congestion issues are not difficult to address when companies use fiber connections to connect them, as Frontier frequently does.  Indeed, Frontier is far more likely to suffer congestion issues when millions of former Verizon customers are piled on Frontier’s network.

Nowhere in Frontier’s e-mail does it tell customers they can reduce usage to retain service.  It only says “if you do not wish to switch to this new rate plan, you can have your service disconnected.”  Mound residents are faced with the prospect of immediately reducing usage from 100GB to just 5GB to stay within Frontier’s terms and conditions.  Under those conditions, they could do better with dial-up.

Meanwhile, those soon-to-be-discarded Verizon customers facing a transition to Frontier Communications may soon find themselves potentially impacted by some sort of usage limit as well, which could also apply to the areas served by FiOS.

Mike Rogoway at The Oregonian talked with Frontier spokesman Steven Crosby about Frontier’s plans:

I talked this afternoon with Frontier spokesman Steven Crosby, who said there won’t be tight bandwidth restrictions after Frontier acquires FiOS — but he indicated that there may be some restrictions.

Currently, Frontier’s user agreement sets a nominal 5 gigabyte cap on monthly bandwidth usage.

“You know, I know and everyone knows that’s a very low number,” Crosby said. “We don’t hold people to that.”

The letters that went out in Minnesota went to a small group of very heavy bandwidth users in one community, Crosby told me. It’s not meant to reflect a broader policy.

As Frontier prepares to take over Verizon’s operations in Oregon and other states — Crosby says the deal is on track and likely to close in late June or early July — Frontier is reviewing its Internet use policies.

I pointed out Comcast’s bandwidth cap, and told Crosby that it seems likely his company will do something similar. He left that possibility open, but said any Internet limits are still under discussion.

“I don’t know what that limit will be,” he said. “The one thing I do know is we don’t want to impact our customers.”

St0p the Cap! responds:

• This is the first time Frontier has hinted that usage limits could eventually apply to the FiOS fiber-to-the-home service it is acquiring from Verizon, a network constructed to manage 21st century broadband traffic Frontier now also seems willing to limit;
• Frontier does hold people to the 5GB usage cap when they are in violation of it, using it as an excuse to expose customers to far-higher-priced service plans or service disconnection.  If Frontier isn’t serious about it, why retain the language in customer agreements?
• If Frontier’s Mound e-mail notifications do not reflect a broader policy, than the only customers who will see a change in the Acceptable Use Policy will be those in the Mound, Minnesota area.  If customers elsewhere see a change, it -does- reflect a broader policy after all.
• As part of Frontier’s “review of Internet use policies,” the company should not defray expenses surrounding the Frontier-Verizon deal by dumping them on broadband customers with outrageously punitive pricing plans.
• As for not wanting to impact customers, our response is “too late.”  Frontier’s original introduction of the 5GB usage allowance in the summer of 2008 impacted customers far and wide, and for its largest service area — Rochester, NY, gave Time Warner Cable happy hunting grounds to experiment with a usage cap of their own.

Wendy Davis at MediaPost offers some food for thought:

Frontier’s letters could well trigger regulatory or judicial scrutiny, especially given the seeming disconnect between the company’s acceptable use policy and its recent actions.

Of course, the underlying problem is the lack of competition. If consumers had more options for broadband providers, a company that threatened to disconnect its customers, or charge $99 or $250 a month for broadband service, might quickly find itself dealing with more pressing problems than public criticism.

When millions of dollars are at stake, some commercial broadband providers will stop at nothing to preserve the duopoly they enjoy across most of North Carolina.  Their formula for success — delivering the least amount of service at the highest possible price.  When communities like Wilson and Salisbury decided that formula wasn’t working for them, they embarked on their own municipally-built, fiber-based broadband networks.  It wasn’t something either community took lightly.  They asked, they pleaded, they begged for better broadband service from incumbent providers who decided what they were providing was already good enough.

The biggest shock of these providers’ lives came when both communities decided to build better networks themselves.

Now, the commercial providers who are challenged to upgrade to compete are instead spending enormous sums of money in the North Carolina legislature to put a stop to these municipal projects.  Why spend money on upgrading when you can simply ban the potential competition?

Last year, Stop the Cap! teamed up with other consumer advocates to put a stop to legislation custom-written by the cable industry and introduced by a very-compliant state legislator.  When our readers and others called to complain, some found the phone handed off to a cable lobbyist literally sitting in his office!

Your outrage over paying big bills for bad service from too few providers was heard in Raleigh, and the legislation was de-fanged and buried in a committee charged with “studying the issue.”  The legislator who introduced it resigned under an ethical cloud last fall.

Unfortunately for consumers in North Carolina, there is always someone else willing to pick up where the last one who sold his constituents down the river left off.

Our North Carolina issues coordinator Jay Ovittore, who is now working with Communities United for Broadband to promote better broadband, is here with a report about the latest developments in North Carolina and a Call to Action! for all of our readers.  Preserving successful municipal broadband projects and those working to get off the ground protects this option for every community faced with intransigent broadband providers who won’t improve service.  — Phillip Dampier

As I told everyone on Stop the Cap! last summer, they would be back.

They are, and now they’ve shown us their cards.

North Carolina’s incumbent cable and phone companies are once again trying to ram through an anti-municipal broadband bill, and their timing is designed to rush it through committee before a groundswell of consumer opposition has a chance to build.  Time is short — the bill will be taken up April 21st in the Revenue Laws Study Committee, so your immediate action is imperative!

Clodfelter

This year’s push for anti-consumer legislation comes courtesy of Senator Daniel G. Clodfelter (D-Mecklenburg County).

He reportedly wants a moratorium on all municipal broadband deployments on the alleged basis that these are bad for the private sector and will harm state tax revenue.  Hello?  Virtually every municipal broadband project underway fuels job creation as crews work to install the fiber optic networks that will come to represent an economic catalyst and job creator.  When communities no longer have to turn away digital economy jobs lost because of inadequate broadband by existing providers, that’s an economic victory for hard-pressed North Carolina, where unemployment is at 11.2 percent these days — 10th worst in the country.

The FCC’s National Broadband Plan has prioritized stimulating the deployment of ultra high-speed broadband (100/50Mbps) service to 100 million households in ten years, so why are some in our legislature standing in the way of better broadband options for North Carolina?  You need to ask them!

Just look at Wilson’s community broadband project for evidence of a broadband success story.  Wilson pleaded with providers to deliver 21st century broadband service to no avail.  So Wilson did it themselves.

Cable and phone companies howled in protest.  They even brought in their astroturfing friends from corporate-funded groups like FreedomWorks and Americans for Prosperity to try and hookwink consumers into opposing municipal broadband.

It’s just another classic case of providers not wanting to spend money to upgrade their networks to compete.  Communities like Wilson getting the broadband service they deserve are good examples of why the industry is afraid such projects could spread.

[flv width=”480″ height=”292″]http://www.phillipdampier.com/video/Save NC Broadband Catherine Rice Compares Rates 12-2009.mp4[/flv]

Watch what happens when a municipal provider competes for your business.  Catherine Rice of Action Audits delivered the undeniable proof at a December NC House Select Committee on High Speed Internet Access in Rural and Urban Areas hearing, showing while cable and broadband rates across the state march ever higher, they strangely don’t in Wilson, where GreenLight, the municipal alternative, keeps rates in check. Click here to download a PDF copy of the slides Rice refers to in her presentation. (11 minutes)

Some members of the legislature will stand with their constituents and vote against this anti-consumer nightmare.  Some may not be fully informed on the issues and are only hearing the telecommunications industry talking points.  For some others, I’m afraid it’s a case of following the money.

The telecommunications industry in North Carolina is very generous to their benefactors, only too willing to return the favor writing the industry’s wish-list into state law.

You will recognize some of the names from the Follow the Money series I wrote last year (read Part 1, Part 2 and Part 3).  It’s a new year, so Part 4 will follow in the coming days, updating the financial contributions of incumbents and introducing new members and how much they’ve accepted from this industry.

Ironically, one of the legislators, Rep. Pryor Allan Gibson, III works as a contractor for Time Warner Cable!  His vote will be particularly interesting to follow.

North Carolina Legislature

North Carolina Call to Action!

Phone calls are always the most effective, and they are timely coming just days before the April 21st meeting of the Revenue Laws Study Committee.  But you can also e-mail representatives (and that’s not a bad idea even if you also called).  North Carolina deserves world-class, next-generation broadband.  Don’t allow a handful of the same companies overcharging you for today’s slow service strangle your best chance for competition!

Here is a sample e-mail message to send to all of the Committee members involved:

Subject: Don’t You Dare Vote for an Anti-Municipal Broadband Bill!

Message: As a consumer, I was disturbed to hear the Revenue Laws Study Committee was prepared to vote for an industry-sponsored Anti-Municipal Broadband Bill on April 21st.  Please do not vote for this or any other bill that removes competitive choice for broadband service.  Our local communities should not be stopped from deploying 21st century fiber to the home systems other providers refuse to deliver.  Such fiber networks create jobs, keep North Carolina business competitive, and stimulate economic development, which will deliver needed tax revenue.

The same providers backing this bill that are not delivering service to unserved communities, or offer inadequate service in others, have had a decade to deliver the service municipal providers are actually providing today in our state. Instead of delivering, they’ve offered a litany of excuses and now want special legislative protections to preserve their entrenched market position.

As a consumer, I am fed up with relentless rate increases year after year.  In communities like Wilson, where a municipal provider delivers excellent service, the rate increases from cable and phone companies have stopped.  A vote for this bill guarantees we’ll be paying higher and higher cable and phone bills indefinitely, and that’s something I would definitely remember come Election Day.  Make no mistake — this proposed legislation is an obvious gift to the telecommunications industry at the expense of all of your constituents, including myself.  That’s why I am confident you will stand up and make your opposition heard to this and similar measures.

At a time when the FCC’s National Broadband Plan envisions 100 million households with ultra-fast broadband service delivering economic benefits, it’s ironic our state legislature is even considering impeding the very providers that are on track to fulfill that goal.

With 11.2 percent unemployment — the 10th worst in the country, now is not the time to put a moratorium on North Carolina’s communities considering a better future through municipally-provided broadband.

With all this in mind, I am confident you will deliver for constituents like myself and oppose these industry-backed bills.  I look forward to hearing from you soon on this issue.

For best results, use your own wording and talk about the broadband market in your community.  You can reference the excitement over Google’s fiber to the home project.

Here are the Committee members to write or call, including their district area and what they do for a living:

(Please send individual messages to members, even if the contents are essentially the same — avoid simply CC’ing a single message to every representative.)

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg [email protected] (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Daniel T. Blue, Jr. Wake [email protected] (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Peter Samuel Brunstetter Forsyth [email protected] (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell [email protected] (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. David W. Hoyle Gaston [email protected] (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt [email protected] (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Josh Stein Wake [email protected] (919)715-6400 Democrat (919)715-6400 Lawyer
• Sen. Jerry W. Tillman Montgomery, Randolph [email protected] (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Paul Luebke (Co-Chair) Durham [email protected] 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Harold J. Brubaker Randolph [email protected] 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg [email protected] 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union [email protected] 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus [email protected] 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell [email protected] 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover [email protected] 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth [email protected] 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir [email protected] 919-733-5995 Democrat 252-447-7379 Presiding Elder
• Rep. Jennifer Weiss Wake [email protected] 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

HK Broadband offers 100% Fiber Optic service to residents of Hong Kong

Next time you pay your broadband bill, consider what you are getting for your money.

Then consider Hong Kong residents can now buy 1,000Mbps symmetrical broadband service for $26 per month.  Symmetrical broadband offers identical upstream and downstream speeds, so transferring large files back and forth becomes an afterthought, not a nuisance.

This week Hong Kong Broadband Network (HKBN) introduced wide availability of its mega-fast 1/1 gigabit per second service at prices that most American broadband providers won’t match for slow “lite” or “budget” tiers.  The new gigabit service joins an even more affordable 100/100Mbps broadband service HKBN sells for $13 a month.

“Symmetric 1 Gbps broadband at US$26/month (HK$199) is a global breakthrough service, and is by far the best value in terms of cost per Mbps in Hong Kong. We are pleased to contribute towards making Hong Kong a global Fibre Oasis,” said June Lam, Associate Director, Marketing, HKBN.

Endangered Species: The AT&T Printed White Pages Directory

A plan approved this week by the Kentucky Public Service Commission will allow AT&T Kentucky to cease universal distribution of White Pages telephone directories in the Louisville area saving the company hundreds of thousands of dollars in printing and distribution costs it does not plan to pass along to customers.

Customers in Jefferson and Oldham counties will receive directories only if they request them from AT&T Kentucky. Customers in the other 75 counties served by AT&T Kentucky will, for now, continue to receive printed directories that combine White Pages with Yellow Pages.

“They will be publicizing that and how to do that to all the customers. It’s not just people who receive their phone service from AT&T Kentucky, but those who get it for example from the local cable company, because they’ve been getting the AT&T Kentucky White Pages as well,” PSC spokesperson Andrew Melnykovich told WFPL Public Radio in Louisville.

AT&T Kentucky will make the contents of the directory available on the Internet (at RealPagesLive), while existing and new customers who request a printed directory will receive one at no charge.  Yellow Pages, which contain business listings, will continue to be dropped on the doorstep of every Louisville customer.

AT&T Kentucky is the second phone company in Kentucky to move away from printed White Pages.  Last April, Cincinnati Bell, which serves northern Kentucky, dropped universal distribution of its White Pages.

AT&T says the printed directories are less valuable to customers who often turn to the web to look up telephone listings.  They also believe the move away from printed directories will protect the environment and provide significant savings to the company.  AT&T has been getting permission to stop printing White Pages in several states where it provides service.

Unfortunately for customers, none of that savings will appear on your AT&T bill.  The company does not plan any rate decrease to share the savings with ratepayers.

The PSC has told AT&T to collect and report customer complaints about the discontinued printed directories, as well as how many residents request them from AT&T,  and forward the details to the agency for review.

Karl Bode over at Broadband Reports offers an additional detail on Frontier’s Internet Overcharging experiment which is now being tested in Minnesota:

Late last week, someone familiar with business operations at Frontier Communications indicated to Broadband Reports that the company was going to begin testing a new capping scheme for heavy users. “Just wanted to let you know that Frontier is sending out letters to the top 50 bandwidth users in Mound Minnesota,” said the individual.

The city of Mound, a suburb located 19 miles to the west of Minneapolis/St. Paul, is home to 9,800 residents.  Mound is the birthplace of the Tonka truck, named after Lake Minnetonka, which surrounds Mound.  Residents of Hennepin County have watched their local phone company change hands several times over the years from Contel to GTE of Minnesota to Verizon to Citizens Telecommunications Company of Minnesota, which does business as Frontier Communications. Frontier has served this part of Minnesota since the end of August, 2000.

Hanus

For a community aggressively pursuing a downtown revitalization and redevelopment program designed to make the community attractive to new residents and businesses, news that the local DSL provider is now going to limit broadband usage and overcharge those who exceed their arbitrary limits is not good.

Among city officials, Mayor Mark Hanus and councilman David Osmek are both Frontier broadband customers.  The city is proud to stream its regular city council meetings online, something Frontier DSL customers will now have to avoid if they want to preserve as much of their 5GB monthly usage allowance as possible.

Action Alert and Alternatives for Mound, Minnesota

For Mound residents who do not want to be forced to limit their broadband activities to the ridiculously low 5GB allowance Frontier is now enforcing, we recommend these actions:

1) Call Frontier Communications at 1-800-921-8101 and tell them you will not keep your Frontier broadband service with a usage cap and you are prepared to take your business elsewhere immediately if they do not rescind their “experiment.”  If they attempt to charge you an early termination fee or cancellation fee if you do decide to cancel, let us know through the Contact link at the top of the page or in the comments attached to this article.

2) Contact your local media — the Minneapolis Star-Tribune, the Lakeshore Weekly News, The Laker, local news radio and television stations and let them know you think they should be covering this story and its potential impact on the local economy in Mound.

3) Your best alternative broadband provider is cable operator Mediacom which does not have a usage limitation on their broadband accounts.  Their speeds and pricing are also much better, based on Frontier’s advertised pricing of  “as low as” $49.99 a month for Frontier High-Speed Internet Max 3Mbps service or “prices starting at” $39.99 a month for Frontier High-Speed Internet Lite 768kps service.

Mediacom offers 3, 12 and 20Mbps broadband service in Mound.  Here are the details:

For New Mediacom customers:

Mediacom offers soon-to-be-ex Frontier customers free standard installation and a 12-month introductory offer for 12/1Mbps service for $49.95 a month.  Telephone service is also available through Mediacom with a bundled service discount.  Customers looking for a budget broadband alternative can sign up for 3Mbps service for $29.95 a month if they also take digital cable or digital phone.  For customers looking for the highest speeds, Mediacom offers 20/2Mbps service for $59.95 a month if you also get digital cable or phone service.

Mediacom is Mound's incumbent cable company

For Current Mediacom Non-Broadband customers:

If you have cable from Mediacom but use Frontier for broadband, you can switch to Mediacom cable modem service and obtain special discounts.  Add Mediacom’s 12/1Mbps service to your existing cable TV account for $19.95 a month for 12 months, or 20/2Mbps service for $59.95 a month for 12 months.  Installation is done by the customer.

Questions about Mediacom service in Mound can be directed to 1-800-332-0245.  Mediacom’s local offices in and around Mound are at:

4) Customers who are absolutely stuck with Frontier broadband who anticipate approaching or exceeding the 100/250GB usage levels should explore a business broadband account with Frontier.  Although pricing may vary from city to city, residents of Rochester who confronted the original effort to impose a 5GB usage cap in western New York found business account DSL service was not much more expensive than residential service, and carried no usage limitations.  Pricing is likely to be less than the punitive rates Frontier wants to charge residential customers for exceeding their allowances.