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A new consumer investigation by NBC’s Today Show found that AT&T may be systematically overcharging customers for their broadband usage, fleecing customers for countless sums in overlimit fees.  With no government oversight to guarantee usage measurements are accurate and fairly measure usage, customers have to take AT&T’s “word” for the accuracy of their billing, and now that the company has extended Internet Overcharging to its DSL and U-verse customers, AT&T could earn millions in ill-gotten gains if the claims of overestimated usage are true.  AT&T responded, claiming consumers have a misunderstanding of how data is consumed and billed.  NBC quotes AT&T as saying most customers who exceed their limits do not incur fees, which will come as quite a surprise to customers who are routinely billed $15 or more for excessive use charges on wireless plans.  Thanks to Stop the Cap! reader Scott for sharing the news.  (4 minutes)

Stop the Cap! reader Cal believes AT&T cannot be reasoned with about Internet Overcharging until you threaten to cancel.

While a significant number of customers have already pulled the plug on AT&T DSL and U-verse service over their recently-introduced Internet Overcharging schemes, some are telling Stop the Cap! they have no plans to actually disconnect service until AT&T threatens to charge them overlimit fees.

For some AT&T customers, there is no suitable alternative to the phone company.  Rural customers without a cable provider, or those who are faced with two bad choices — AT&T or Charter Communications — say they are going to test AT&T’s resolve to actually overbill them.

Cal is an AT&T customer is Missouri.  His alternative?  Charter Cable, which has an Internet Overcharging scheme of its own and delivers what he calls “third world service” in his community.  Given a choice, he intends to stay with AT&T as long as possible, pulling the plug only after his third warning of exceeding the phone company’s new broadband usage limits.  He thinks AT&T’s customer service won’t ultimately let it come to that.

“My sister works for an AT&T call center where she lives, and there was some training on the subject of handling the company’s usage caps,” Cal reports. “Get the right representative or supervisor and they can make virtually anything go away with a few keystrokes, especially if you are prepared to cancel your service over the issue.  While they may not cancel the caps, they very well may credit back any overcharges.”

Cal says his family does not intend to change their usage habits one bit.  He’ll change providers before he rations his Internet usage.

“I maintain control over our Internet access here, they don’t and sure as hell won’t,” he said.  “We do not do illegal downloads and we don’t allow torrenting or anything else that can get my kids into trouble, but we do use a Roku box and watch Netflix instead of buying pay movie channels with programming not suitable for my family to watch.”

Cal says his five children are home-schooled, which makes daily Internet access an essential part of the education process.  Many companies that provide home-schooling materials increasingly require a broadband connection.  While not as bandwidth hungry as Netflix video streaming, with five children in the home, usage adds up fast.

“It is not hard to do 260GB of usage a month, which puts us just over their U-verse limit, and I’ll be damned if I am going to pay AT&T another $10 for 10GB over,” Cal says.  “This is another reason why the Obama Administration is no better than the last one — they are all masters of big corporations who will rob us blind and use the money to pay off Congress to look the other way.”

Cal used to be a Charter Cable customer, but left when that company implemented its own Internet Overcharging scheme.

“I told Charter with their lousy service they were lucky I was a customer, but after putting usage limits on, I left,” he reports.

Cal’s neighbor thinks he has an even better way to battle AT&T.

“My neighbor will cancel service under his name and sign up under his wife’s and bounce between them whenever AT&T threatens to send him a bigger bill; he has already been doing that for years back and forth between AT&T and Charter on new customer deals,” Cal says.

Cal, and many other readers touching base with us, believe AT&T is not very responsive to customer complaints unless customers threaten to cancel service, and they believe AT&T will only change its mind when shareholders see the usage limits as counterproductive.

“AT&T can buy enough people in Washington to make street protests irrelevant, but their shareholders sure won’t like it when they see customers and revenue dropping,” Cal notes.  “If you can’t get cable, you are stuck with AT&T, so you have to keep the pressure on — file complaints with the Better Business Bureau, the FCC, and Congress.  Make them spend more money defending their policy than they earn from its proceeds.”

Phillip Dampier

Time Warner Cable has completed their DOCSIS 3 upgrade of the Rochester/Finger Lakes region and their new Road Runner Extreme and Wideband services should now be available throughout the region.  Stop the Cap! HQ will receive its upgrade to Road Runner Extreme late this afternoon, primarily for the 5Mbps upstream speed, which will make uploading content to our servers much easier and more efficient.

The cable company is insistent on their installation fee, which amounts to nearly $68 (unjustified in my personal opinion).  Some details for our local readers:

• Customers in the Rochester & Finger Lakes region almost never own their own cable modems — they are provided with Road Runner at no extra charge;
• Upgrading to Extreme or Wideband will mean either a modem swap or a second piece of equipment if you have Time Warner phone service.  The new equipment includes a built-in wireless router;
• You are not obligated to use the cable company’s equipment as your primary router if you favor using your own existing router;
• As part of the installation fee, you have a right to insist they spend the time to configure service the way you want it, especially if you want to continue using your own router;
• It is also a good time to ask them to check signal levels and clean up any wiring or service issues.  Western New York has endured a record-breaking deluge of rain this spring, and degraded outdoor wiring can create havoc for broadband and cable service.
• If you are currently receiving a promotion such as free or discounted Road Runner Turbo service, you will lose the value of that promotion when you upgrade service and will pay full price going forward.

Beyond the installation fee, Road Runner Extreme (30/5Mbps) costs $20 more than Road Runner Standard (10/1Mbps) service.  Road Runner Wideband (50/5Mbps) is priced at $99 a month, but is a much better value bundled with the cable company’s Signature Home ($199) package, which includes complete packages of digital cable, “digital phone,” and broadband service.  For most in the Rochester/Finger Lakes area, the only alternative is Frontier Communications’ DSL combined with an unlimited calling plan and satellite television or a similar package from Verizon or much smaller Windstream.  Verizon’s fiber to the home service FiOS is not available anywhere in this region.

AT&T, one of the country’s most profligate spenders on public policy lobbying, has pulled out all the stops pushing for Washington approval of its proposed merger with T-Mobile.

Bloomberg Government reports AT&T spent $6.8 million during the first quarter of 2011, more than 11 times more than its rival Sprint, which opposes the merger deal.  In fact, AT&T was the nation’s second biggest spender in lobbying dollars, just behind defense contractor Honeywell, which is trying to avoid Pentagon spending cuts.

Sprint’s much smaller lobbying effort had to make do with a budget of just $583,000 during the same period to push back against the telecom giant.

Also raising questions are reports from Bloomberg that AT&T CEO Randall Stephenson direct dialed Federal Communications Commission Chairman Julius Genachowski the weekend before the deal went public.  At the same time, former FCC Chairman Richard Wiley, today a lobbyist for T-Mobile, spoke directly with four of the five FCC Commissioners to directly lobby for the merger’s approval.

Sprint has been trying to beef up its own lobbying star power, recently adding Eddie Fritz, former head of the National Association of Broadcasters as one of their lobbyists.  Sprint has also hired several former high-level Congressional staffers and mid-level employees at the Justice Department, expected to help Team Sprint know how to apply the right pressure to the right people inside the FCC and Justice Department to reject the deal.  The merger hinges on the approval of both agencies.

Left off the speed dial — consumers, who cannot pick up the phone and reach FCC Chairman Genachowski while lounging in his backyard or enjoy lucrative employment opportunities open to government workers in the private lobbying sector.

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Bloomberg News breaks down AT&T’s lobbying and strategy for getting its merger deal with T-Mobile approved in Washington.  (2 minutes)

A Time Warner Cable customer in Whitefield, Maine has filed a complaint with the state’s Attorney General charging the cable company is selling customers a product it cannot deliver in parts of the state, and bills customers for it anyway.

The broadband add-on, Road Runner Turbo, is supposed to provide customers with a faster broadband experience, but in communities up and down Maine, it apparently does not, and has not for nearly three years.

The cable company hotly disputes the accusation, made by Michael Panosian, that the company has been overbilling him $10 a month for three years.

Andrew Russell, a Time Warner Cable spokesman, told the Kennebec Journal that the company does not charge for services it cannot provide.

But the cable company’s argument lost a considerable amount of credibility when evidence emerged Time Warner has admitted the problem, and quietly agreed to reimburse Panosian $328.35 for Road Runner Turbo service all the way back to June 2008.

The admission has also become a point of interest inside the Attorney General’s Consumer Protection Division, which is engaged in discussions with Panosian and the cable company.

Despite Russell’s denials, Time Warner officials admitted there was a problem and told state officials it would be corrected sometime this month.

Panosian thinks the cable company is ripping off Maine residents pitching faster Internet it does not deliver.

Panosian said a Time Warner Cable technician told him Turbo is not available in his area and possibly others in Maine.

“From what the tech told me, it isn’t just Whitefield,” Panosian said. “I went down (to Time Warner’s Augusta office) and talked to them about it, and they’re aware of it.  I said, ‘If you’re aware, why are you taking everybody’s money?’  If they don’t charge for services they don’t provide, why are they reimbursing me?”

Stop the Cap! reader Frederick, who lives in nearby Windsor and shared the story with us, says it is a classic case of Time Warner Cable overselling its service.

“The truth here is actually in the middle; Time Warner actually does deliver a Turbo service in Maine, it’s just that their network is so overcongested, nobody benefits from it during peak usage times,” Frederick reports.  “They have too many customers trying to share the Internet, and Turbo cannot help resolve this problem, only upgrades can.”

Frederick reports he identified the source of the problem running a series of speed tests on his Time Warner Cable connection.  He subscribes to Road Runner Turbo himself.

“The truth is revealed when you examine the upload speed of your connection,” he says. “Even when the network is busy, I can still get nearly 1Mbps upload speeds, a sure sign Turbo is on my account.”

The download speeds are another matter.

“In Windsor during peak usage times, you will easily see even a Turbo connection drop to 5Mbps in download speeds, only returning to normal after people go to bed,” he says.  “That means Time Warner has oversold their network, putting too many people on the same ‘node,’ one inadequate in capacity.”

Frederick suspects the “fix” Time Warner refers to is an upgrade to DOCSIS 3 technology.

“Maine is treated like a backwater by Time Warner Cable,” Frederick charges.  “What other cities got a year ago we just start to receive, so instead of performing periodic upgrades, they are just waiting for DOCSIS 3 to solve all of their problems.”

Frederick thinks customers should be compensated for the poor service, and is considering demanding a refund himself.

“I pay more than $50 a month for my broadband service with Turbo and they deliver what their ads claim only when I’m asleep or at work.”