Wyden

Sen. Ron Wyden (D-Ore.) has introduced legislation that would force Internet Service Providers to prove usage caps are designed to manage network congestion instead of monetizing consumer data usage.

The Data Cap Integrity Act would require the Federal Communications Commission to enact new rules forcing providers to justify their usage cap programs, create standards by how ISPs measure usage and to provide useful measurement tools to customers before they incur overlimit fees.

“Internet use is central to our lives and to our economy,” said Wyden. “Future innovation will undoubtedly require consumers to use more and more data — data caps should not impede this innovation and the jobs it creates.  This bill is intended to help consumers manage their data more effectively and ensure that data caps are used only to serve the legitimate purpose of addressing congestion.”

Wyden’s bill is an attempt to force providers to prove their contention that usage limits improve the user experience by preventing so-called “data hogs” from slowing down connections of other paying customers.

Wyden is also concerned that without uniform standards of data measurement, consumers could be blindsided with overlimit fees or even have their service cut off. In the past, providers have stuck customers with a variety of often inaccurate measurement tools that have under or over-reported usage, which can sometimes lead to higher bills. At present, no government agency has authority over the veracity of provider measurement tools, and most ISPs impose terms requiring subscribers to accept their word as final for the purpose of usage measurement.

The Oregon senator’s bill is the first measure regulating usage caps introduced in the Senate. In 2009, Rep. Eric Massa (D-N.Y.) introduced a measure in the House that would have banned most usage caps and usage-based billing without first applying a means test. Massa introduced the bill after Time Warner Cable attempted to impose a usage-billing scheme on customers in his district, which includes parts of the Rochester area.

Among the provisions in Wyden’s bill the FCC must enact and enforce within one year of its passage:

• A “truth in labeling requirement” that requires ISPs fully disclose the cost of their services, the true upload and download speed a customer will receive, and the presence of any speed throttles or usage limits;
• A ban on usage caps for any provider that cannot prove they are needed to control congestion and not simply discourage Internet usage;
• A penalty for providers that either do not provide suitable measurement tools or inaccurately measure usage leading to unjustified overlimit fees;
• A provider may not exempt certain content from its usage cap while imposing it on others.

Lyons

Wyden’s bill was introduced at the same time the nation’s largest cable lobbying group, the National Cable and Telecommunications Association, sponsored an event defending usage limits and consumption billing. Two of the three experts speaking at the event declared peak usage limits or congestion pricing ineffective.

In fact, Michael Weinberg from Public Knowledge took note of the fact the cable industry now seems to admit it does not have a congestion problem:

“The most refreshing section of the [NCTA’s] study is the one that is not there,” Weinberg wrote. “There is no meaningful discussion of usage-based pricing as a tool to reduce network congestion or a suggestion that monthly data limits are a reasonable way to impact congestion. There is also no invocation of the mythical ‘data hog,’ a sinful creature that can only be punished with data caps. Hopefully, the omission is NCTA’s tacit admission of two things: that cable networks are not congested and, if they become so in the future, monthly caps will do little to address that congestion.

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“I don’t think congestion is as big a problem in fixed broadband,” said Professor David M. Lyons of Boston College Law School at the NCTA event. “The latest broadband speed surveys that the FCC has come out suggests that there is not a whole lot of slowdown at peak periods on the fixed side.”

(Broadband Reports/User: “compuguybna”)

If you are a Charter Cable customer looking to make some changes to your service, watch your bill because Charter may charge you up to $3 for the cost of doing business.

They label it the “Change of Service Computerized Fee.”

Broadband Reports found the fine print for the inconsistent fee, despite it not appearing on Charter’s website. A number of customers learned about it only recently because the cable operator informed customers it was going up by $1 effective Feb. 8.

Many customers report the fee does not always get levied after interacting with a customer service representative, but should it find its way to your bill, the company will usually reverse it if customers call and complain.

Cable operators have adjusted to the reality of slightly higher levels of competition by advertising lower prices but piling on junk fees and surcharges that can further raise customer bills. In 2012, new fees for cable modem rental, bill payment service fees, increases in returned check charges, and other surcharges have been introduced by several companies.

Some satellite companies also charge as much as $5 to upgrade or downgrade service.

Cable subscribers in Natchez, Miss. are scratching their heads wondering why AT&T will neither confirm nor deny whether its fiber to the neighborhood U-verse service is coming to a neighborhood near them.

AT&T says if it told customers where the service was coming, it would give away vital information to its competition — the cable and satellite companies.

AT&T spokeswoman Sue Sperry says her competitors will stop at nothing to hang onto current customers, even if it means using predatory below-market-rate pricing.

“We’ve learned from experience that if they know what our footprint is, they go in and do retention offers and pretty much give their service away for next to nothing and then we can’t compete,” Sperry told the Natchez Democrat.

But considering its biggest competitor is locally-hated Cable One, a lot of customers would still be ready to switch even if AT&T sent the cable company its detailed business plans in advance.

“Unless you spend your weekends at the Bondage Bordello, there is nothing enjoyable about dealing with Cable One in Mississippi,” says Stop the Cap! reader DeWayne. “Last summer when their system went up and died on the folks over in Columbus, even the guy running it couldn’t tell when it was coming back.”

Top secret.

DeWayne started reading Stop the Cap! when we covered Cable One’s massive failure in August 2012 that brought all of its services in Columbus down while the company incredibly waited for express delivery of a replacement part. When customers could not get answers from Cable One over the phone, they lined up outside the local cable office only to learn from company general manager David Lusby he had no idea how many customers were affected by the outage or when the cable system would be back up and running.

“I hate AT&T but I hate Cable One more,” DeWayne said. “It is annoying that they won’t tell us when U-verse is coming to our neighborhood.”

Sperry claims AT&T U-verse is more robust than cable or satellite because it is powered by phone lines.

“That was one of the things during the hurricane, U-verse didn’t go out,” she told the newspaper. “It’s delivered through a phone line, and the phones are the last to go out.”

But unfortunately for customers, AT&T says it only rolls out U-verse in “a measured and slow way,” forcing customers to continually visit att.com and manually check availability using their home address.

But Sperry told the newspaper once customers get the service, they remain loyal to it. That may be especially true in smaller communities in Mississippi that cope with second rate cable operators not known for offering robust or affordable service.

Image: schvdenfreude

Chattanooga Comcast and AT&T U-verse customers will need to open their wallets a bit more in 2013 as both the cable and phone company have announced new rate hikes that are now taking effect. But not everyone will pay more. Customers of EPB Fiber, which offers up to 1,000/1,000Mbps broadband and is a service of the publicly-owned electric utility is keeping prices stable until further notice.

Comcast customers face new increases averaging 4% in 2013 — $5 a month for Triple Play customers, several dollars more for broadband, and around $1 for basic cable service. Customers on promotions are unaffected until the temporary pricing expires.

AT&T U-verse customers will see price increases as much as $9 a month for television and broadband service.

Chattanoogans who ditched both private providers for the public option are sitting pretty with absolutely no rate increases to pay at this time. Although negotiations with programmers are ongoing, and costs are rising, EPB says it won’t raise any rates unless it becomes absolutely necessary. The utility takes rate increases very seriously, bringing them directly to its board of directors for approval.

Comcast and AT&T said the introduction of new services and increased programming costs contributed to their need to increase rates. Comcast says it has kept rates for its Xfinity service stable since 2010, a claim that doesn’t explain away its 4% rate hike in January 2012. AT&T said its supplier and labor costs also contributed to price increases, which also includes a broadband television surcharge.

If this seems like déjà vu, it could be because both AT&T and Comcast raised rates exactly one year ago this month. AT&T was the worst offender last year, boosting TV prices between $2-5 a month, equipment fees by $4-7 a month for broadband, and a $3 rate hike for its unlimited calling landline service. In comparison, EPB said it had no immediate plans to raise TV, broadband, or phone prices last year either.

EPB Fiber is the only Chattanooga telecom provider not raising its prices.

Customers facing rate increases can find an easy way to avoid them: threaten to take your business somewhere else. Retention agents are on the lookout for customers considering moving to another provider, and will usually slash rates to keep your business. Don’t want to argue your way to a lower rate or just want to say goodbye to Comcast and AT&T? Stop the Cap! highly recommends EPB Fiber, the most technologically advanced option in Tennessee, priced fairly with a proven track record of reliability.

A lot of Chattanooga area residents have already considered their options:

“Comcast is complete garbage,” writes one former customer. “Horrible product, even worse customer service. My Internet went out daily. I switched to EPB as fast as I could and have never been happier. I wouldn’t have Comcast again if it was free for the rest of my life.”

Another former cable customer reminds Comcast competition makes all the difference. He switched to EPB as well:

“Keep your Xfinity Comcast, you treated me like dirt when there was no other choice for cable. Now that I have that choice, I’ll never consider you again.”

Time Warner Cable is expanding its footprint in the capital region of New York with the acquisition of independent Princetown Cable Company, which serves around 600 subscribers in Princetown, Duanesburg and Rotterdam in Schenectady County.

Time Warner already manages cable service for most cable subscribers around the Albany-Schenectady region, but bought Princetown Cable to further solidify its holdings.

Princetown Cable began service in 1990 serving rural areas ignored by then-dominant TCI Cable (later AT&T Cable, then Comcast).

Most customers signed up to get better reception of television signals from nearby Albany and Utica.

Princetown Cable’s lineup of around 100 channels ($82.50/month for digital cable) is dwarfed by Time Warner, and its broadband service is comparatively slow and expensive:

Time Warner Cable agreed to pay $1.2 million for the system, which breaks down to around $2,000 per subscriber.