Phillip “Every other 2008 spectrum bidder except U.S. Cellular has since sold its winnings to AT&T or Verizon Wireless or has never provided competitive service” Dampier

AT&T is unhappy with a proposal from a wireless competitor it originally tried to buy in 2011 that would offer smaller competitors a more realistic chance of winning favored 600MHz spectrum vacated by UHF television stations at a forthcoming FCC auction.

T-Mobile’s “Dynamic Market Rule” proposal would establish a cap on the amount of spectrum market leaders AT&T and Verizon Wireless, flush with financial resources for the auction, could win.

“Imposing modest constraints on excessive low-band spectrum aggregation will promote competition, increase consumer choice, encourage innovation, and accelerate broadband deployment,” T-Mobile offered in its proposal to the FCC.

Without some limits, wireless competitors Sprint and T-Mobile, among other smaller carriers, could find themselves outbid for the prime spectrum, well-suited for penetrating buildings and requiring a smaller network of cell towers to deliver blanket coverage.

In a public policy blog post today, AT&T argues T-Mobile is behind the times and its proposal is unfair and unworkable:

First, the purported advantage of low band spectrum – that it allows more coverage and better building penetration with fewer cell sites – has been overtaken by marketplace realities under which capacity not coverage drives network deployment.  Carriers deploying low band and high band spectrum alike must squeeze as many cell sites as they can into their networks to meet exploding demand for data services.  Second, to the extent this is less the case in rural areas, those areas are not spectrum-constrained and the lower cost of building out low band spectrum in such areas is offset by the higher cost of the spectrum itself.

[…] But this is not the only point that should concern policymakers.  Such caps will also suppress auction revenues, potentially to the point of auction failure, ultimately reducing the amount of spectrum freed up for mobile broadband use and undermining the auction’s ability to meet critical statutory goals.

[…] Even if T-Mobile’s proposal did not result in complete auction failure, its proposed caps would suppress auction revenues, reducing the amount of spectrum freed up for mobile broadband use as well as funds generated for FirstNet and to pay down the national debt.  That is because strict limits on participation by otherwise qualified bidders will make the auction less competitive and will yield less revenue.  Indeed, if T-Mobile’s proposed spectrum cap was strictly enforced, Verizon estimates it would be barred from bidding in 7 of the top 10 markets.  AT&T would face similar bidding limitations, as noted in our filing.

AT&T suggests the last major auction in 2008 attracted 214 qualified bidders and 101 bidders won licenses, including carriers of all sizes and new entrants.

But an analysis by Stop the Cap! shows the breakaway winners of the 2008 auction were none other than AT&T and Verizon Wireless, which paid a combined $16.3 billion of the total $19.592 billion raised. For that money, they acquired:

• Block A – Verizon Wireless and U.S. Cellular both bought 25 licenses each. In this block, Verizon targeted urban areas, while U.S. Cellular bought licenses primarily in the northern part of the U.S., where it provides regional cellular service. Cavalier Telephone and CenturyTel also bought 23 and 21 licenses, respectively. Cavalier Telephone is now wholly owned by Windstream, which does not provide cell service and was selling its 700MHz spectrum to none other than AT&T. So is CenturyLink (formerly CenturyTel).

• Block B – AT&T Mobility was the biggest buyer in the B block, with 227 licenses totaling $6.6 billion. U.S. Cellular and Verizon bought 127 and 77 licenses, respectively. AT&T Mobility and Verizon Wireless bought licenses around the country, while U.S. Cellular continued with its strategy to buy licenses in its home network northern regions.

• Block C – Of the 10 licenses in the C Block, Verizon Wireless bought the 7 that cover the contiguous 48 states (and Hawaii). Those seven licenses cost Verizon roughly $4.7 billion. Of the other three, Triad Communications — a wireless spectrum speculator — bought the two covering Alaska, Puerto Rico and the U.S. Virgin Islands through its Triad 700, LLC investor partnership, while Small Ventures USA, L.P. bought the one covering the Gulf of Mexico. Triad 700, LLC sold its spectrum last fall to AT&T while Small Ventures USA sold theirs to Verizon Wireless.

• Block E – EchoStar spent $711 million to buy 168 of the 176 available Block E licenses. This block, made up of unpaired spectrum, will likely be used to stream television shows. Qualcomm also bought 5 licenses. Neither company has used its spectrum to offer any services five years after the auction ended.

So much for improving the competitive landscape of wireless. Other than U.S. Cellular, which is rumored to be on AT&T and Verizon Wireless’ acquisitions wish list, every auction winner has either sold its spectrum to the wireless giants or has done nothing with it.

If “highest bidder wins”-rules apply at the forthcoming auction, expect more of the same.

AT&T and Verizon Wireless have significant financial resources to outbid Sprint, T-Mobile and smaller carriers and will likely win the bulk of the available spectrum whether they actually need it or not. Smaller victories may be won by smaller competitors, but only in rural areas and sections of the country disfavored by the largest two.

Richard Miller from the Capitol Fax blog spent the weekend at the Illinois State Fair and might as well have left his AT&T cell phone at home, because the wireless giant’s network collapsed with an overload of traffic.

“Both days, after 5 o’clock in the afternoon, AT&T’s mobile phone service wouldn’t work,” Miller writes. “Calls in or out were sporadic at best, and texts took numerous attempts to work, if ever. Internet? Fugetaboutit. And when the nightly concert started, everything completely shut down. No calls, no texts, no nothing.”

How to improve AT&T service? Remove the rules that require them to provide it.

Miller reported friends attending the fair with him had no difficulties using Verizon Wireless, Sprint, or T-Mobile, so Miller concludes the problems were AT&T’s to own.

“There’s no excuse for the giant corporation’s lousy service,” said Miller.

Attendees with missing children or needing to make emergency calls were plain out of luck. Pay phones are long gone. The only alternative was finding someone with a phone not served by AT&T.

“[People] pay good money for the service and they have a right to expect that they can use their expensive communications devices at large annual events, where people get separated all the time,” said Miller.

Ironically, the Illinois Farm Bureau (IFB) received at least $20,000 from AT&T in 2012 and is for wholesale deregulation of AT&T. The Illinois Partnership for the New Economy & Jobs, a front group for AT&T Illinois, noted that the farm bureau is all for “updating” Illinois state laws that take the hook off AT&T’s responsibility to serve every resident in the state. A preview of what that looks like was experienced by Miller and others at the state fairgrounds.

TracFone customers signed up for NET10 Wireless prepaid service are getting word in e-mail the 1.5GB monthly data cap on AT&T-based SIM cards introduced in March has been removed and unlimited data has returned.

AT&T resells prepaid access to its 3G GSM network on gradually improving terms as AT&T’s postpaid, on-contract customers continue to abandon 3G in favor of AT&T’s 4G services. As 3G traffic loads diminish, AT&T is seeking to maximize return on its older network. Bringing back unlimited data service is expected to prove an attractive offering in the budget-minded prepaid marketplace.

TracFone acts as a reseller of all four major carriers’ networks under different brands. Geography and the specific phone model chosen usually determines on which network the service will operate. Only customers with AT&T SIM cards in their phones (the first line of the SIM card ID number will end in “SIMC4”) qualify for the unlimited data offer, although tethering is prohibited, according to an e-mail being sent to registered customers.

TracFone enacted a 1.5GB monthly usage cap for NET10 Wireless users back in March. But the cap never applied to TracFone’s Straight Talk customers. Straight Talk still offers unlimited data, but says streaming is not permitted.

Along with the return of unlimited data, TracFone has discontinued its NET10 Wireless usage measurement portal, which informed customers about their monthly data usage.

TracFone operates several prepaid calling plans under the brands TracFone, NET10 Wireless, Safelink Wireless, Straight Talk, Telcel América, and SIMPLE Mobile. TracFone is owned and operated by Mexico-based América Móvil.

Worst

Broadband customers in Lawrence, Kan. have been liberated from Internet Overcharging schemes after years of usage-capped Internet access from Sunflower Broadband and Knology.

WideOpenWest’s (better known as WOW!) acquisition of Knology, which in turn purchased Sunflower Broadband from the local newspaper, means usage limits are a thing of the past.

Consumer Reports has top-rated WOW! for customer friendly service, and banishing usage caps is an example of why the cable company earns such high marks.

The company reminds customers that “all WOW! Internet speeds have no usage caps.”

Sunflower Broadband originally offered four different broadband plans, only one without usage caps. Lawrence customers did get speed upgrades faster than many other cable broadband customers, but most were accompanied with draconian usage limits.

Bad

♦ Bronze: Originally offering 3Mbps/256kbps service, Sunflower’s “lite” usage plan included a 3GB monthly usage limit boosted by Knology in 2012 to $22.95/month offering 3/1Mbps service and a still ridiculously low 5GB usage limit. WOW! has kept the lite plan but removed the usage cap.

♦ Silver: Sunflower’s equivalent of Standard Internet service offered 10/1Mbps broadband with a 50GB usage cap. Knology raised the price to $37.95, left the 50GB cap intact and increased speeds to 18/2Mbps. WOW! dropped the cap.

♦ Gold: Sunflower’s premium 50/1Mbps service offered 250GB of usage for under $60 a month. When Knology took over, speeds were boosted to 50/5Mbps along with the price: $62.95 a month. But the usage cap stayed the same. Today WOW! continues the plan without any caps.

Much Better

♦ Palladium: Sunflower responded to customer complaints about metering Internet usage by offering residents a trade — an unlimited use plan with no speed promises. Palladium could be as slow as 2Mbps during peak usage, 25Mbps when traffic was very low. Knology kept the plan and its 1Mbps upload rate, but raised the price to $47.95 a month. WOW! dumped Palladium altogether, replacing it with a 30/2Mbps unlimited use plan for customers who don’t want to pay $63 a month for the Gold plan.

A number of Lawrence customers annoyed with Sunflower and Knology switched to AT&T U-verse when it was introduced locally. Although U-verse has a 250GB usage cap, Lawrence residents report it remains unenforced.

Stop the Cap! reader Mike, who shared the news WOW! had recently shelved the caps, tells us he switched to AT&T years ago and is happy with their service.

“So far, their cap is not enforced at all here,” Mike writes. “The minute they start enforcing it, I’ll switch to WOW!”

…fiction into “fact.”

Although America’s perennially worst-rated cable company is advertising “always faster Internet,” it is also moving “full speed ahead” to enforce usage limits to make sure customers don’t take too much advantage of those speeds.

Broadband Reports notes Mediacom is preparing notices stating effective Sept. 7 usage limits and overlimit fees that used to only apply to new customers or those changing plans will now be enforced for all customers.

A member of their social media team blamed bandwidth hogs for the caps.

“We have a small subset of customers that are using a very large portion of the available bandwidth, which can have a negative impact on the other Internet users in the surrounding area,” said Mediacom’s Social Media Relations Team. “By curbing this behavior, other customers can benefit with faster speeds.”

Actually, Mediacom will benefit from lower usage and higher revenue it will collect from the $10 overlimit fee for each additional 50GB of usage. Neighborhood congestion issues are largely a thing of the past because of upgrades to DOCSIS 3 technology.

Although the usage caps for higher priced tiers are generous by current standards, the company can adjust the caps up or down at any time. Mediacom traditionally serves rural areas or small cities that lack significant telephone company competition, so customers may have few alternatives. Both CenturyLink and AT&T have their own usage caps, barely enforced. Frontier Communications, another common provider in Mediacom territory, has tested the water with usage caps in the past but does not regularly impose them.

Broadband Reports assembled the pricing and caps for each Mediacom broadband tier: