Verizon Reserves the Right to Throttle Your iPhone Connection and “Optimize” Your Browsing

Verizon Wireless isn’t entirely rolling out the welcome mat for new iPhone customers.  PreventCAPS, one of our regular readers, dropped us a note indicating Verizon quietly added something new to the terms and conditions for new customers as of Feb. 3rd, which just so happens to coincide with the date the company started taking orders for the Apple iPhone — it reserves the right to throttle your speeds and “optimize” your browsing experience with caching and network management techniques that could reduce the quality of online videos and other bandwidth-intensive graphics.

Important Information about Verizon Wireless Data Plans and Features

As part of our continuing efforts to provide the best experience to our more than 94 million customers, Verizon Wireless is introducing two new network management practices.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit www.verizonwireless.com/vzwoptimization

If you subscribe to a Data Plan or Feature on February 3, 2011 or after, the following applies:

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

These kinds of “network management” techniques, which include speed throttles, reduced quality graphics, and caching (which can result in stale web pages being served to your mobile device), are all made possible by the Federal Communications Commission’s failure to implement Net Neutrality protections for wireless providers.  While Verizon stresses it will treat all content to the same network management techniques equally, the “improved” broadband experience Verizon claims to offer is more likely to improve the company’s bottom line from reduced spending on network upgrades.

Like most providers, Verizon isn’t willing to be specific about what amount of usage is likely to trigger the throttle, why it needs to be maintained for the remainder of the billing cycle even when network congestion is not a problem, and what speed customers will be stuck with for the rest of the month.

Broadband Reports reached out to Verizon for specifics and discovered the provider has not actually implemented these measures… yet:

“The notice yesterday simply reserves the right for new customers or renewing their contracts,” Verizon spokesman Jeffrey Nelson tells Broadband Reports. “We’re reserving the right to actively manage the network in specific ways should that need exist – and only for customers who are under contract that includes that provision,” he says. “Because this is down the road – if at all – it’s too early to tell what those triggers might be, or what throughput limitations would look like.”

Verizon may be concerned about the potential impact millions of data-craving iPhone customers will bring to its network in the coming weeks.  Existing customers with Android devices or Blackberry handsets are safe for now — the provision only impacts customers who sign new contracts as of last Thursday.

Verizon says it will retain its unlimited data option (with the right to throttle service) for a “limited time only.”

Updated: Bright House Tells Florida: Forget About Fiber Because We Already Have It, But You Can’t

Shhh... Bright House's fiber network is a secret.

Volusia County’s consideration of a community-owned fiber optic network has been scoffed at by incumbent cable provider Bright House Networks, which claims the network is “redundant” and unnecessary.

The proposed fiber project is being promoted by Jim Cameron, vice president of government relations for the Daytona Regional Chamber of Commerce.  The organization believes a public-private fiber-optic network could do wonders for economic development across the Fun Coast.

But the idea of stringing miles of fiber to connect area businesses to a gigabit-speed network brought rolled eyes from the folks at the cable company.

“We have miles and miles of fiber-optic lines in Volusia County,” Donald Forbes, senior director of corporate communications for Bright House told the Daytona Beach News-Journal. “Where anyone is willing to do business with us, we can make it happen . . . You want it, we’ve got it.”

But area businesses supportive of Cameron’s initiative are mystified by Bright House’s secretive-fiber-network, because few ever heard of it before.

Jason Frederick, business development director for WorkSmart MD, a Daytona Beach medical billing company, was just one example.  The News-Journal reports Frederick was surprised when he was told that Bright House claims to have fiber lines in the county that can deliver Internet at one gigabit per second, about 200 times faster than average broadband service in the U.S., or faster.

“I haven’t heard anything about Bright House offering one gig, and my tech guy is laughing (incredulously) right now,” said Frederick.

"This series presents information based in part on theory and conjecture. The producer's purpose is to suggest some possible explanations, but not necessarily the only ones, to the mysteries we will examine."

In Search Of… Bright House’s Mystery Fiber

Bright House declined to quote pricing for access to their fiber network to the folks at the News-Journal, so Stop the Cap! called Bright House Networks’ Business Solutions department this morning posing as a new business customer looking for fiber optic access.

STC: We were calling to gather information about getting broadband service for our new Internet business.  Can you tell me what kind of broadband services you have available?

At this point, Bright House asked us a ton of questions about where the business was located, what we intended to do with the connection, how many employees we had, etc.  After feeding them answers, we got them to narrow down some basics, even as they tried to have a sales representative come out and meet with us (we explained they would have to fly to New York to manage that, and they should bring a shovel if they come.)

Bright House pointed us to their website for basic details, but stressed individual plans could be customized to meet our needs.  That was the invitation we were looking for.

None of these plans seemed at all fast enough for our needs, we explained.  The maximum plan on their website, 50/5Mbps, didn’t even come close.  Where was the 50/50 or 100/100Mbps plans?  What if we needed a gigabit?  Didn’t we read they ran a fiber network?

Bright House: We do run a fiber network, but it’s a special kind known as a hybrid fiber/coax network.  That is the most proven technology out there, installed to millions of homes and businesses across the country for more than a decade.

STC: Then all-fiber networks are unproven?

Bright House: In a way, yes.  But more important, they are enormously expensive.

STC: How expensive?

It would cost you this much.

Bright House: We spent millions on ours.

STC: So you are saying if we wanted Bright House to deliver fiber to our business, it would cost millions?

Bright House: Probably not that much, but it would probably be a waste of money because it was so expensive.  We service business customers all over central Florida, and I’ll be honest none of them really need fiber — it would be a waste of money.  We couldn’t even give you a price for fiber because nobody ever asked us before.

STC: Wow, I am surprised nobody has even asked.  Our business would want symmetrical broadband so our upload and download speeds would be the same.  We also don’t want to pay an outrageous amount of money for it.  What would Bright House charge for a symmetrical connection?

Bright House: One of our account specialists would have to talk with you about that.  Our network was designed to deliver faster download speeds because that is what our customers want.

STC: Well, not every customer.

Bright House: I understand that, and it sounds like you are a special case.  I think you’ll find we deliver the best service in town for business customers, and we sure do a lot better than AT&T.  Have you spoken with them about their service?

STC: We don’t want DSL.

Bright House (laughing): I can certainly agree with you there.  AT&T is a good company for what they do, but I am proud to say we do better.  And we can give you cable television and business phone service in one package.

STC: Yes, but we’re probably getting ahead of ourselves.  How much would it cost for just the broadband service?

Bright House: Before we quote you a price, we’d really like to sit down with you or a representative of your company so we can explain our whole product line and the benefits we offer.  Is there someone down here we could meet with?

STC: Not yet, but I appreciate the information and we can always call you back.

(We did learn from another source 50/5Mbps business class service costs around $190 a month from Bright House.)

So Bright House fiber remains elusive, even after our call.  Connected Nation, which has direct ties to Big Telecom, couldn’t find any fiber across the area either.  That was surprising, considering the large telecom companies help manage their operations:

The Florida Department of Management Services is running Connected Nation’s efforts in the Sunshine State.

If the goal is widespread fiber-optic coverage, then Connected Nation’s map shows Florida sorely needs a fiber dietary supplement (Metamucil-optic?). Only a small portion of the state — around Orlando and to the south, and around Tampa and along the surrounding Gulf Coast — has fiber coverage, according to Connected Nation’s survey results.

Jessica Ditto, Connected Nation communications director, said the map only reflects spots where fiber-optic lines run to homes, and that Bright House might not have responded accurately to the survey. Bright House’s Forbes said he hadn’t heard of Connected Nation.

You didn't want this anyway, did you?

Another indictment for the useless work Connected Nation does for large sums.  If a major provider doesn’t answer the questionnaire, broadband from that provider apparently does not exist as far as Connected Nation is concerned.

Finding fiber is Daytona is turning into that commercial for Honey Nut Clusters cereal.  It’s got to be around somewhere.

The county director of economic development, Phil Ehlinger, suggests it is all around us even if we can’t see it at first glance.

“I am not aware of anyone (in the business community) who is unable to get the service that they want,” Ehlinger told the newspaper. “Bright House and some of the other folks, AT&T, they have been putting in fiber optic all over the county.”

But the important question left unanswered is whether or not you can access it.  For individuals, the answer is clearly no.  Bright House believes its network is plenty fast enough, and AT&T didn’t want to talk to us in time for today’s story.  But phone companies, already vulnerable in the broadband speed race, prefers to deflect the question, arguing you don’t need that speed anyway.

Fiber optics delivers the fastest broadband experience, period.  But when providers don’t sell or promote the service, it’s easy to suggest nobody wants it.

But not too far away, in communities like Chattanooga, and several areas in North Carolina, they -do- want it.  Even Verizon FiOS, a growing presence in the northeastern United States, has won over business and residential customers to fiber-fast broadband.  In many cases, the network sells itself.

But in central Florida, Bright House won’t sell the service to you even if you ask.  It’s apparently the best kept secret in Daytona Beach.

[Updated 2/4/2011 — Don Forbes attached a reply to a piece on Broadband Reports that quotes from our piece:

Bright House Networks does in fact provide Fiber to the Premise (FTTP) – or what is known in the business services market as “dedicated access” – to its business customers who want this type of bandwidth. We work directly with our business customers to provide solutions tailored to meet their specific needs. We currently serve more than 3,000 Florida business locations directly with fiber. We currently offer speeds up to 1 Gbps, although it should be understood most business customers do not require 1Gbps speeds. Residential customers, at this time, do not need the bandwidth offered with dedicated fiber – however, Bright House has led the industry in comprehensively deploying next-generation bandwidth services (DOCSIS 3.0) to its’ entire footprint in Florida – current speeds offered are 50 Mbps with the ability to offer much higher. We provision our network according to our customers’ needs.

As a private company, we do reserve the right to share specific proprietary details of our network and our business for competitive reasons. However, it is no secret that we offer the above services.

It apparently is a secret to the people taking calls at Bright House’s business services hotline at 1-877-424-9246.  That’s the number we called yesterday to inquire.  The results are noted above.  I’d make two observations:

  1. The point of our piece was partly to confirm whether fiber is a big secret in the Daytona area, as was the implication.  In our experience, it was.
  2. Once again, another provider — this time Bright House — has made the declaration that residential customers don’t need fiber to the home access, something Verizon and many municipal/community-owned networks would strongly disagree with.  We do as well.  As long as phone companies compete using DSL, cable companies can safely make this claim and it won’t harm their business.  But if a far faster fiber to the home network arrives in town delivering far faster speeds (at equal or lower prices), Bright House, and other companies like it, could be in trouble — especially if their new competitors market themselves well.

We stand by our piece, which documents our direct experiences with Bright House Networks business class customer service.]

iPhone 4 Pre-Orders for Existing Verizon Customers Begin As AT&T Retention Goes All Out

The date has arrived.  Existing Verizon Wireless customers are now invited to “pre-order” The Precious.

Strangely, Verizon’s website gave more prominence to the phone before they could actually accept orders for it:

Verizon Website 2/2/2011

Verizon Website 2/3/2011

Verizon wants you to think of its Apple iPhone as a fine wine, offering “exclusive” access to “our reserved quantity, while they last.”

When they’re gone, they’re… will be more on the way.  The Keebler Elves at Apple will certainly make more, plenty more, to sustain pent up demand for the phone on Verizon’s network.

AT&T is doing all it can to keep customers from switching.  In addition to earlier efforts to lock customers into those two-year contracts with early termination fees, lots of AT&T customers are also getting e-mail from the company reminding them AT&T is the only network that lets you talk and surf the web at the same time (with your iPhone).  They ignore T-Mobile, which also accepts unlocked iPhones and works the same way.  AT&T and T-Mobile utilize GSM technology while Verizon (and Sprint… and Cricket… and MetroPCS) use CDMA.  The latter technology, at least in its current implementation, allows users do one or the other, not both.

That probably won’t keep too many disenchanted AT&T customers from leaving, but some other factors might:

  1. Apple will release the iPhone 5 in less than six months, if things run according to schedule.  The new phone might work on Verizon’s new LTE network, something iPhone 4 does not.  Is there a hurry to upgrade now when something better is around the corner?
  2. AT&T Retention Agents are giving away the store to customers warning of their intention to depart.  Restoration of unlimited data plans, free upgraded phones to qualified customers, free accessories, and even credit for a month of service have all been offered, even as the company publicly announces it is pulling back from some of those giveaways and specials.
  3. As potentially millions of AT&T customers leave, those remaining may find improved performance from the lighter load on AT&T’s network.  Plus, the impact of the iPhone on Verizon’s 3G network remains unknown.  AT&T customers could parade themselves into new headaches on Verizon’s network.

Verizon will allow new iPhone customers access to its “unlimited data” add-on plan “for a limited time.”  Verizon plans to join AT&T in officially ending the unlimited option sometime this year, but exact pricing and plan details remain unavailable.

Customers can begin booking their departure from AT&T Feb. 9, when Verizon begins taking orders from new customers and those intending to drop their current carrier.

AT&T Accused of Rigging iPhone Data Usage Meter to Overcharge Consumers

Phillip Dampier February 2, 2011 AT&T, Consumer News, Data Caps, Wireless Broadband 4 Comments

A snake in the grass?

You used 50 kilobytes of data visiting a web page on your iPhone, but AT&T claims the site actually consumed six times that — 300 kilobytes, for which the carrier overcharged you for access.

A major point of contention for consumers facing Internet Overcharging schemes is that the same company with a vested interest in maximizing revenue from such schemes also administers the meter that measures how much you used.  There is no oversight or independent verification.

In a lawsuit filed this week, AT&T Mobility faces accusations it is systematically overcharging iPad and iPhone users for data services many never used.

Patrick Hendricks claims AT&T’s Internet Overcharging “was discovered by an independent consulting firm retained by plaintiff’s counsel, which conducted a two-month study of AT&T’s billing practices for data usage, and found that AT&T systematically overstate web server traffic by 7 percent to 14 percent, and in some instances by over 300 percent.”

The lawsuit compares the company’s billing system to a gas pump that charges for a full gallon when it only dispenses nine-tenths into your tank.

Hendricks’ suit also claims the same independent testing firm confirmed AT&T charges for data usage even when phones and iPads were disabled for data sessions, push notifications, location services, and other data features.  After 10 days, the firm found AT&T had billed 35 data transactions totaling 2,292 kilobytes of usage, akin to being billed for gas when you never even pulled into the station.

The complaint admits the individual overcharges are relatively small for most consumers, but collectively they earn massive profits for AT&T.

“AT&T has 92.8 million customers. In the fourth quarter of 2010, AT&T reported its wireless data revenues increased $1.1 billion, or 27.4 percent, from the year-earlier quarter, to $4.9 billion,” the suit claims. “A significant portion of those data revenues were inflated by AT&T’s rigged billing system for data transactions.”

The lawsuit is seeking class action status and refunds of alleged overcharging for impacted customers.

The firm handling the case, Bursor & Fisher, has tangled with cell phone providers before, winning cases against Verizon, Sprint and T-Mobile.  The firm is also exploring a lawsuit against Sprint on behalf of Evo owners who paid a $10 surcharge on top of an “unlimited” data plan.

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