Frontier is the dominant phone company in West Virginia.

Ann Sheridan and Michael Sheridan are probably not related, but they share one thing in common: lousy DSL broadband.

Michael Sheridan, who lives in Lewisburg, W.V., is the lead plaintiff in a dragged-out class action lawsuit against Frontier Communications in the state, alleging the phone company has engaged in marketing flim-flam promising lightning fast DSL Internet speeds many customers complain they just do not receive. Ann Sheridan is a university lecturer in Ireland who doesn’t enjoy her DSL service as much as she endures it, when it works.

They live thousands of miles apart, but the problems are largely the same: for-profit phone companies trying to get as much revenue out of copper-based networks suitable for 20th century landlines while spending as little possible on broadband-friendly upgrades.

The phone company that dominates West Virginia has done all it can to have the lawsuit thrown out of court, claiming its terms and conditions mandate dissatisfied customers seek arbitration instead of a class action case. Frontier claims it inserted that condition into its terms and conditions a few years ago. Sheridan and his attorneys are now before the West Virginia Supreme Court of Appeals defending the case.

Crete is an island and part of the territory of Greece.

Despite Frontier’s insistence it sells contract-free Internet with no tricks or traps, Sheridan argues Frontier traps customers with unilateral fine print.

“Cases from all over the country establish that a simple notation on a website cannot form an agreement to arbitrate, a line item at the tail end of a bill that does not even state the specifics of the agreement cannot form an agreement to arbitrate, and a bill stuffer purporting to unilaterally amend an existing contractual relationship does not form an agreement to arbitrate,” the respondent’s brief states.

Many West Virginians with Frontier DSL complain they never exceed 5Mbps in speed, even though they are buying plans that advertise double that.

“Frontier’s practice of overcharging and simultaneously failing to provide the high-speed, broadband level of service it advertises has created high profits for Frontier but left West Virginia Internet users in the digital dark age,” according to the brief.

County Kildare, Ireland

Life isn’t much better for those driving 30 minutes outside of Dublin, where broadband can be charitably described as “rustic.” In fact, Sheridan claims there is better broadband in the back-end of Crete than what the average resident in suburban and rural Ireland can manage to get out of questionable copper wiring.

In one notorious incident Sheridan described as “stereotypically Irish,” broadband service was brought to its knees for a good part of County Kildare for over a week earlier this year after a group of retaliatory cows upset over the Irish winter worked their way through a broken fence and collectively took out their frustration on a transformer they knocked over, taking out Internet access in the process.

Just having broadband service available doesn’t solve the digital divide if that service becomes oversold and unreliable. Both Sheridans argue broadband connections often deteriorate as more customers sign up. Without corresponding capacity upgrades to keep up with sales, speeds slow and service can become troublesome.

Broadband nemesis

Patrick Donnelly, a farmer and builder from Calverstown reports Internet speeds 20 years ago were faster than what he gets today from his DSL service.

“Currently, I think I’m on my fourth provider. There’s all these little start-ups and generally they’re not too bad when you sign up originally,” Donnelly reports from his farm in Ireland. ‘But as soon as an ISP signs up more customers, speeds seem to get slower and slower. During peak usage times, it can become unusable.’

In West Virginia, some customers believe if their Internet speeds are poor, they need to buy an upgraded, faster speed tier from Frontier to compensate. That is usually a waste of money if the existing network is either inadequate or overburdened with customer traffic. But many customers don’t realize this. Often, fine print in a company’s terms and conditions disclaims the very bold and prominent speed claims that most customers actually see. Sheridan argues Frontier’s fine print goes even further by limiting their customers’ recourse when advertising claims do not meet reality.

“Frontier’s position is that consumers are obliged to be on alert at all times – diligently reviewing the fine print on each and every page of promotional material received – for the possibility that they may be waiving their rights by doing nothing at all,” the brief states.

Sheridan admits her point she’d move to Crete to get better broadband would be funny if the implications were not so serious.

“Not having broadband is a bit like not having electricity or only having it intermittently,” Sheridan said.

“It’s not a luxury any more, this is a necessity,” Donnelly said in agreement. “We’re 20 years behind now it’s time we caught up.”

TDS DSL customers have a 250GB data cap in their future.

Arch, a Stop the Cap! reader in eastern Kentucky, just received a notification letter informing him his Internet access is about to be rationed, and unless he buys additional usage before June 1, TDS is likely to charge him penalty overlimit rates.

Like some data caps of the past, TDS is giving customers a small break by remaining unlimited during the overnight hours, but for many customers, it won’t be enough to prevent a higher broadband bill.

“We are writing to you inform you TDS s implementing data-usage allowance plans in your area,” reads TDS’ letter. “Beginning with the June billing period, data usage will be measured during peak time (6am-midnight CST). Data usage during non-peak time will be unlimited. In June and thereafter, if your monthly data usage exceeds the 250GB allowance you will be assessed a $20 overage fee for every 250GB exceeded (up to $60).”

TDS advises Arch that based on his prior usage, he’s very likely to exceed his cap and face overlimit fees.

“My mother got a similar [letter],” writes Arch. “Mine states I am likely to be affected by the cap and my mother’s letter says she will likely not be affected.”

Of course, customers can make the usage cap less of an issue by agreeing to buy more usage up front:

• a 500GB Data Allowance runs $10 extra a month;
• 750GB costs an extra $20 a month;
• 1TB (1,000GB) is priced at an additional $30 a month.

TDS does not offer any justification for their data caps, but it doesn’t have a lot to fear imposing them.

“TDS has no competition at all in my area except for fraudband satellite,” Arch reminds us.

That is also likely true across many other TDS service areas, where the company’s 1.2 million customers live in more than 150 different communities, many rural or suburban.

Stop the Cap! has learned customer complaints about Suddenlink Communications’ data caps have made an impact, and the company is planning to rollout a new campaign starting April 1 allowing premium customers to get their unlimited data back, eventually at a price.

A source tells us residential customers will now qualify for unlimited if they subscribe to either of Suddenlink’s two fastest Internet plans in any respective market. In most areas, that means signing up for 100/10 or 200/20Mbps service. Where gigabit plans exist, customers will need to subscribe to either 200/20 or 1,000/50Mbps service.

Customers will need to call Suddenlink to sign up for the offer (we’ve reached out to the company to learn the details we will share if we receive them), which provides unlimited service free for the first year. In year two, unlimited will cost $5 extra a month and after the second year Suddenlink will charge customers $10 extra.

Suddenlink claims its Internet plans already come with “generous” allowances, but fails to disclose them upfront to customers. In fact, there is no apparent way for a prospective customer to learn what their usage cap is without calling in or waiting until after they sign up for service:

Quoted from Suddenlink’s customer FAQ

Kent

As with every other Internet Service Provider implementing data caps, Suddenlink claims practically nobody is affected by them.

“The residential data we offer should be more than sufficient for the vast majority of our customers,” the company says. “The relatively few customers who desire more may wish to consider upgrading to a faster speed with a larger data plan, where available, or purchasing one or more supplemental data packages.”

But in November 2015, the outgoing CEO of Suddenlink Jerry Kent told Wall Street an entirely different story.

“Overage charges have become a significant revenue stream for us,” Kent said, noting usage cap overlimit fees were a major factor for the company’s 3.6% year over year growth in revenue, which reached $605.1 million.

Customers were given this explanation for Suddenlink’s decision to implement data caps:

“Data plans are one step among several that help us continue delivering a quality Internet experience for our customers. Other steps include the sizable investments we’ve made and continue making to provide greater downstream and upstream system capacity and more bandwidth per home. Even with those investments, a relatively few customers use a disproportionate amount of data, which can negatively affect the Internet experience of those who use far less. That’s why, as a complement to our network investments, we’ve established data plans.”

But Kent explained things back in 2010 somewhat differently to Wall Street and his investors:

“I think one of the things people don’t realize [relates to] the question of capital intensity and having to keep spending to keep up with capacity,” Kent said. “Those days are basically over, and you are seeing significant free cash flow generated from the cable operators as our capital expenditures continue to come down.”

If you are willing to spend $20 a month for a porn video service created for mobile devices, T-Mobile will let you watch forever without counting against your monthly data cap.

The latest “zero rating” (exempting some ‘preferred’ content from data caps) controversy from John Legere’s T-Mobile means if you watch educational programming from PBS on your mobile device, it will take a bite out of your usage allowance. But you can nibble all you like on MiKandi, the latest addition to the Binge On program.

MiKandi, which claims to offer “DVD quality” adult entertainment, calls it a victory for freedom of speech:

“When mainstream tech companies announce new platforms it tends to be another way to censor your online experience,” MiKandi CEO Jesse Adams said in a company blog post. “T-Mobile is treating adults like adults and we hope that other tech companies follow in their footsteps.”

T-Mobile hasn’t exactly trumpeted their new association with a porn video supplier, quietly adding the site to its growing list of data cap free websites. But now that it is there, can Pornhub be far behind?