AT&T and Verizon: The Doublemint Twins of Wireless

Mirroring AT&T’s announcement last month that it would begin implementing speed throttles for wireless unlimited data plan customers who are among the “top 5% of users,” Verizon Wireless quietly made changes last week allowing the company to throttle its own unlimited data plan “heavy users” who consume more than 2GB of usage per month on its 3G network.

But Verizon claims it isn’t actually throttling the speeds of customers, it is simply engaging in “network optimization practices” and using “network intelligence” to reduce speeds (sometimes to near-dial-up) while connected to a “congested cell site.”

That will prove a distinction without much difference to customers who rely on 3G data usage using cell sites Verizon deems congested.  They may also find the time spent in Verizon’s penalty box unusually long.

“You may experience [reduced speeds] for the remainder of your then current bill cycle and immediately following bill cycle,” Verizon’s FAQ states.

That can mean customers paying $30 a month for an “unlimited data plan” may find 3G usage a very slow experience for a maximum of two months before they are off Verizon’s throttle list.

The new speed throttle policy began Sept. 15.  Verizon:

Network Optimization practices and throttling is network intelligence.  With throttling, your wireless data speed is reduced for your entire cycle, 100% of the time, no matter where you are. Network Optimization is based on the theory that all customers should have the best network possible, and if you’re not causing congestion for others, even if you are using a high amount of data, your connection speed should be as good as possible. So, if you’re in the top 5% of data users, your speed is reduced only when you are connected to a congested cell site. Once you are no longer connected to a congested site, your speed will return to normal. This could mean a matter of seconds or hours, depending on your location and time of day.

Verizon has not said exactly how many of its cell sites it deems as “congested,” at what times that congestion is most likely to occur, and admits there is currently no way customers can learn when they are connected to a congested site so they can make an informed decision about their usage.

But the company does say customers can avoid the penalty:

1. Upgrade to a 4G phone and hope for good 4G LTE coverage.  Customers using Verizon’s 4G network are not currently subject to a speed penalty for “excessive use.”
2. “Upgrade” to a tiered data plan with usage allowances.  Verizon will not throttle the speeds of customers who are not on unlimited data plans.
3. Reduce your data usage, especially in areas where congestion is likely.

Choke collars are in season at AT&T and Verizon Wireless, leaving Sprint's unlimited service looking more consumer-friendly by the day.

Those suggestions require potentially pricey new handsets, require customers to abandon their existing unlimited data usage plan, or simply get you thinking twice before launching a data session, fearing being grounded for up to two months with a dramatically reduced level of service.

The biggest impact of the network speed throttles will be among data-heavy iPhone users.  Apple’s iPhone doesn’t support 4G, and is likely to continue to rely on 3G network coverage when the next version of the popular phone is introduced in October.  Ultimately, Verizon’s new policy means iPhone devotees using more than 2GB per month may have to abandon their phone or their unlimited data plan if they want to avoid the throttle.

Verizon also found a way to keep customers from canceling penalty-free, noting contract changes that reserved the right to implement network management techniques were made in February.  The 60-day window for the “materially-adverse” contract change cancellation policy expired in April.  Verizon:

By alerting customers in February 2011, and including the notice in our terms and conditions as of February 3, 2011, we made sure customers knew we began reserving the right to implement Network Optimization practices.  In February 2011, we began alerting customers:

• Data Management – (note: now named “Network Optimization” to more accurately describe the tools) – Verizon Wireless may reduce data throughput speeds in a given bill cycle for customers who use an extraordinary amount of data and fall within the top 5% of data users.  The reduction will only apply to those using congested cell sites and can last for the remainder of the current and immediately following billing cycle.  The reductions will only apply when appropriate in locations and at times of peak demand.
• Data Optimization – (note: now named “Video Optimization” to more accurately describe its function) – Verizon Wireless is implementing optimization and transcoding technologies in its network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users, and although unlikely, the process may minimally impact the appearance of the file as displayed on the mobile device.

Interestingly, AT&T’s own speed throttle penalty was estimated to kick in after 4GB of usage, not the 2GB Verizon is using as its benchmark for “network optimization.”  Verizon also says customers with their Mobile Hotspot feature will find that usage exempted from counting towards the 2GB threshold.

Verizon has opened up a new web page explaining the throttling policy.

[Thanks to Stop the Cap! reader Mileena, among many others, who shared the news with us.]

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/EPB Fiber Optics Testimonials 9-11.flv[/flv]

Consumers and businesses across Chattanooga, Tenn. are saying goodbye to Internet Overcharging from AT&T and Comcast, making the switch to EPB Fiber Optics.  While Big Telecom companies claim community-owned broadband is a business failure, see why so many businesses and consumers in southeast Tennessee reject that claim and have made the switch.  Speed that blows Comcast away, prices that deliver a much better value than AT&T, service and support that is fast and reliable, and a community-owned provider that keeps its earnings right at home working for the people of greater Chattanooga.  EPB is one of Stop the Cap!’s most highly-recommended broadband providers.  If you are lucky enough to live or work in their service area, we can’t say enough about EPB, and that’s an unsolicited testimonial from us!  You can call them at (423) 648-1372.

Watch these testimonials from actual customers, sign up, and spread the word.  (10 minutes)

(Courtesy: Pando Networks)

Bears who fancy a good rub up against wireless Internet transmission towers were blamed for knocking out service for customers in the Potlatch area one day, a problem unique to rural communities who make due with whatever broadband access they can find.

Such is life in rural Idaho, deemed by Pando Networks to be America’s slowest broadband state, with average Internet speeds of just 318kbps.

Stop the Cap! reader Jeff in Pocatello is happy the big city New York Times has noticed Idaho’s online challenges.

“Please take notice of this newspaper article about our online experience here in Idaho,” Jeff writes. “While it underplays the near-total failure of our state legislature to recognize there –is– a broadband problem here, at least the rest of the country will understand just how bad Internet access remains in rural America.”

Jeff should know.  Pando Networks calls Pocatello America’s slowest Internet city.  It’s no surprise why.  Pocatello residents are stuck between a rock — the infamous Internet Overcharging leader Cable ONE (incidentally owned by NY Times‘ rival The Washington Post), and a hard place — Qwest/CenturyLink DSL.

Nobody does Internet Overcharging better than Cable ONE, which baits customers with high speed access and then ruins the deal with an $8 monthly modem rental fee, infamously low usage caps and a two-year contract plan that subscribers call a ripoff.

“Cable ONE never heard of a square deal because they break every consumer rule in the book,” Jeff says. “Although the company pitches speeds up to 50Mbps, they tie it to a two-year contract that only delivers one year at that speed.  After 12 months, they reduce your speed to just 5Mbps for the entire second year, and if you cannot convince the customer service representative to renew and reset your 50Mbps contract for an additional year, there is nothing you can do about it.”

THE Internet Overcharger

Cable ONE has written the book on usage limits.  Customers paying for “blazing fast 50Mbps speed” get to consume a maximum of just 50GB per month (100GB for triple play customers) before overlimit fees of $0.50/GB kick in.  Other Cable ONE plans include daily usage limits of just 3GB, which can make Netflix viewing difficult.

“Cable ONE makes you ration your Internet like satellite providers do, and it’s very irritating because they tease you with fast speeds you literally cannot use unless you are willing to pay a lot more,” Jeff says.

The alternative for most Idahoans is DSL, if Qwest/CenturyLink provides it.  In many areas, they don’t.

“You can be a mile out of Pocatello’s city center and be told there is no DSL, and those that do get it often find it working at 1-3Mbps,” he adds.

In a country now rated 25th in terms of Internet speed, Idaho is comparatively a bottom-rated broadband disaster area.  The state secured 11 federal broadband grants to deliver some level of service in communities across the state, at a cost of $25 million.

The Slow Lane

But ask some local officials about the quality of broadband in Idaho and you find a lot of denial there is even a problem.

The Times got a brusque response to their inquiries about broadband service from the executive director for the Bannock Development Corp., a business development group.  Gynii Gilliam told the newspaper things were just fine, at least for large businesses in cities like Pocatello.

“The last thing I need is a report that says we don’t have the capacity and speed, when I know it exists,” Gilliam said. She noted that Allstate Insurance was opening a $22 million call center in Pocatello and that the Federal Bureau of Investigation has a service center there. “We have not lost any business because of Internet speeds,” she said.

Which proves the old adage that you can have just about anything, for the right price.  The disparity between residential and business broadband — urban and rural — is particularly acute in mountain west states like Idaho.  Verizon was considering rural Wyoming for a multi-billion dollar high speed Internet data center, until it found it could purchase an alternative already up and running elsewhere.  Meanwhile, much of the rest of Wyoming has no Internet, slow speed wireless or DSL, or limited cable broadband in some larger communities.

Even Gilliam admitted her home broadband account was nothing like the service Allstate Insurance was likely getting.

“It feels like it’s moving in slow motion,” she told the Times. “A lot of times I’ll start downloads and not complete them.” She said she was happy as long as she could get e-mail.

But not everyone is satisfied with an Internet experience limited to occasional web browsing and e-mail.

Qwest (now CenturyLink), is Idaho's largest Internet Service Provider.

“With countries like Latvia getting better broadband than we have, it’s only a matter of time before we start to lose even more jobs in the digital economy over this,” Jeff says. “This is one more nail in the coffin for rural economies in the west, which are being asked to compete with bigger cities and eastern states that have much better infrastructure.”

Pando found the northeast and mid-Atlantic states, excepting Maine, New Hampshire, and Vermont, have the best broadband speeds in the country.  The mountain west has the worst.

Rural states like Montana, the Dakotas, eastern Oregon, Idaho, Wyoming, and Utah are the least likely to have widespread access to cable broadband, which can typically offer several times the Internet speed found in smaller communities with DSL service from dominant provider Qwest (now CenturyLink).  CenturyLink claims 92 percent of their customers have some access to broadband, but didn’t say at what speeds or how many customers actually subscribe to the service.

In Idaho, cost remains a factor, so CenturyLink is planning to sell low-income households a discounted DSL package.  Speeds and pricing were not disclosed.

Jeff says the real issue is one of value.

“Some in the Times article blame lack of access, while others claim it’s all about the cost, but it’s really more a question of ‘is it worth paying this much for the service we actually get’,” Jeff says.

“Cable ONE is simply deal-with-it Internet, with usage caps and contract traps that leave customers feeling burned, but their only other choice is Qwest, and they show few signs of caring about delivering fast broadband in this state,” Jeff says.

“I believe CenturyLink Idaho’s vice president and general manager Jim Schmit when he says, ‘We’re in business to make a profit,’ Jeff concludes. “There isn’t a lot of profit in selling Internet service in rural mountain states, so the company simply doesn’t offer it where they won’t make back their investment quickly.”

“The question is, should profit be the only thing driving broadband deployment in the United States?  If you answer ‘yes,’ Idaho is the result.  If you answer ‘no,’ and think it is an essential utility, profit shouldn’t be the only consideration.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Cable ONE Countdown High Speed Internet.flv[/flv]

Cable ONE’s ad for 50Mbps leaves out a lot, including the 50GB usage cap and two-year contracts that downgrade service to just 5Mbps for the entire second year.  (1 minute)

When broadband customers sign up for service under a “price protection agreement,” also known as a “term contract,” “minimum commitment,” or “price-lock guarantee,” few consumers realize their broadband provider will typically renew the contract for an additional one to three year term automatically “for your convenience.”

These Automatically Renewable Contracts (ARCs) require customers to notify their ISP, typically in writing, at least 30 days before their term commitment expires to prevent the provider from renewing the agreement, subjecting customers to stiff early cancellation fees if they want to change providers.

Now the independent UK regulator and competition authority Ofcom has ruled those agreements deliver few benefits to the consumers locked into them and plans to ban them effective Dec. 31.

Richards

Ofcom’s chief executive Ed Richards said: “ARCs raise barriers to effective competition by locking customers into long-term deals with little additional benefit.”

At least 15 percent of British broadband consumers are currently signed to renewable contracts, which have been used by BT, Adept Telecom, Axis Telecom, Eze Talk and iTalk.

“Our research, in particular the econometric analysis that we commissioned on the switching behaviour of BT customers, indicates a clear causal link between ARCs and reduced levels of consumer switching,” Ofcom said in a statement. “We believe this effect stems from the opt-out nature of the process for contract renewal and that any example of such a contract is likely to be harmful to consumers and to effective competition.”

Providers love the auto-renewing contract because most customers long forget about them until they call to cancel service, at which point they face a stiff cancellation fee that can run into the hundreds of dollars.  Faced with that kind of exit fee, many consumers opt to stay with their existing provider, despite better offers from a competitor.

The contracts are also popular in North America, particularly with telephone companies who face increased competition from cable providers.  If a telephone company DSL product loses the speed war with an area cable competitor, holding customers in place with term contracts assures phone companies consumers will stay put.  The more services bundled into a customer contract, the higher the termination fee, especially if a signup bonus was provided.  Phone companies have tried offering free netbook computers, free satellite television, and free HD televisions as part of contract bundles that can last as long as three years.  Some have cancellation fees of up to $500 if a customer leaves early.

Ofcom hopes the retirement of these contracts will encourage consumers to shop around for the best possible broadband and landline deals that serve their specific needs.

Shamrock Museum

The city of Shamrock, Okla. may not be a city for much longer, facing unincorporation and liquidation of its remaining assets, which include the abandoned police cars that used to earn the city enough ticket revenue to keep the doors open.  But fast (and free at the local community center) Internet prevails (with competition, too) in a city with fewer than 100 remaining citizens.  It’s all thanks to a federal broadband grant and an existing Wireless ISP.

Shamrock’s unlucky predicament comes at the expense of the boom-and-bust oil business that launched dozens of small towns in rural Oklahoma, only to leave them largely abandoned when the oil dried up, or the cost to access it becomes too prohibitive.  Once a community numbering 10,000, Shamrock, located nearly halfway between Oklahoma City and Tulsa, had recently been surviving on revenue earned from writing traffic tickets in infamous speed traps set up along Highway 16.  Shamrock, along with Big Cabin, Caney, Moffett, and Stringtown, became so notorious for their dependence on traffic ticket revenue to keep the towns afloat, at one point the state government publicly designated them “speed trap towns” and banned them from writing tickets on state and federal highways. When Creek County officials learned the city was using non-commissioned officers to write tickets, they shut down the whole operation.

Soon after, residents found the city hall padlocked, with coffee cups still on the desks and police evidence lockers still stuffed with property from active criminal cases (although seized marijuana and beer has since disappeared.)

In fact, the only service now in operation at the city hall, now converted into a “community center,” is Internet access on 10 computers made possible by @Link Services LLC, an Oklahoma City-based Wireless Internet Service Provider (WISP) that provides service in rural areas, with the help of a broadband grant from the U.S. Dept. of Agriculture.

The broadband grant, amounting to $536,000, with matching funds of $134,000 kicked in by @Link, covers the costs of running the community center for two years and extending wireless access with the construction of a new wireless radio tower in Stillwater, which allows the company to reach Shamrock residents.

In addition to providing free access at the former city hall, @Link also sells Internet access to area residents (the only remaining business in town is a diner):

“This is going to be the last place anyone would provide Internet without government funding because there is no chance of turning a profit,” Kerry Conn, chief financial officer of @Link Services told The Oklahoman. “But if you don’t have Internet services, your town is going to die.”

@Link CEO Samual Curtis says their wireless Internet access sells itself.

“Broadband is a very easy sell where there is no broadband,” Curtis told the newspaper.

The only problem with that is Shamrock currently does receive service from another Wireless ISP — OnALot, a service of HDR Internet Services, Inc.  OnALot operates from 70 systems in more than 25 cities and communities across rural Oklahoma.  @Link’s arrival in town, with the assistance of a federal broadband grant, came as a surprise to some Shamrock residents who already had Internet service from OnALot.  Now those customers have two choices — both wireless — for Internet service.  OnALot, the incumbent, is often cheaper, too:

OnALot does not sell traditional speed tiers.  Instead customers share access points rated at speeds of 11 and 54Mbps.  Customers do not actually see anything close to those speeds, because they are theoretical maximums and each access point is shared by several users.  But since many residential customers do not have a firm understanding of what different speed levels represent, it has proven workable for HDR Internet to sell services based on price, not speed.

OnALot does sell dedicated, private wireless circuits to customers who don’t want to share, but they are comparatively expensive:

OnALot.com operates both standard Line-of-Sight and Near-Line-of-Sight systems on the 80' tall water tower on the west side of Shamrock.

One Oklahoman reader, Bobbi, wondered why @Link received federal grant money to provide Internet service in a community that already had access.

“Why this company didn’t do their homework before they used government money to provide a service to a town that had that service,” Bobbi asked. “Wouldn’t that be a misuse of the grant money?”

Broadband grant funding has come under criticism at times for funding projects that incumbent providers accuse of duplicating services.  A study funded by the National Cable & Telecommunications Association, the cable industry’s top lobbyist, found several instances of grants that would deliver broadband service to areas already served by other providers.

“While it may be too early for a comprehensive assessment of the [government]’s broadband programs, it is not too early to conclude that, at least in some cases, millions of dollars in grants and loans have been made in areas where a significant majority of households already have broadband coverage, and the costs per incremental home passed are therefore far higher than existing evidence suggests should be necessary,” the study says.

Thus far, much of the funding for rural Oklahoma seems to be directed towards wireless Internet access projects, which typically serve sparsely populated areas cable and phone companies have traditionally ignored.

The NCTA’s criticism, in particular, was directed against its would-be competitors.  The lobbying group suggests the price of competition was too high.

Based on the cost of the direct grants and subsidizing the loans, the NCTA study estimated that the cost per incremental home passed would be $30,104 if existing coverage by mobile broadband providers was ignored, and $349,234 if mobile broadband coverage was taken into account.

Wireless ISP operators have told Stop the Cap! many of their projects are self-financed and do not receive government assistance.  Some WISP operators have accused the government of making broadband grants to wireless operators a cumbersome, if not impossible prospect because incumbent telephone companies are often most likely to meet the government’s grant criteria.

For Shamrock residents, one piece of good news: @Link Services and OnALot both have no Internet Overcharging schemes like usage caps.  However, OnALot prohibits the use of peer-to-peer software (torrents) and @Link Services maintains the right to curtail speeds for those who create problems for other users on their shared wireless network.

OnALot’s usage policies are among the most frank (and common sense) we’ve seen, because they are up front with customers about the impact certain traffic can have on their wireless network:

1. You are paying us to download from the Internet. We do not limit you on that. You can download anything you want 24/7. Games, email, web pages, radio stations, and so on – we don’t care, downloading is what you are paying us for. That said, we would prefer that you do not leave an active game un-attended, or run a radio station continuously, as these eat up bandwidth that others could be using. When you’re done with your game, please turn it off.
2. We do have restrictions when it comes to uploading TO the Internet. P2P or Peer-to-Peer programs are NOT allowed. These limitations apply primarily to file sharing programs. We do NOT allow music or video sharing programs, bit torrent programs or other programs where outside users can extract files from your computer with or without your express consent. And seriously, do you actually WANT others to have full access to your computer? That’s what you’re giving to file sharing programs! Please call us if you are unsure if the program you are using is a file sharing program.
3. Yes, you can upload to your favorite website, send big emails, and transfer any size files that are under your control. That’s OK with us – these are intermittent in nature and under your full control. It’s the unattended uploading that sharing programs do that we do not allow.
4. If your computer has a virus and is “spewing” out onto the Internet, we expect you to have it cleaned. Causing others to become infected is wrong, and we may take steps to disable your Internet connection. We will call you first, explain what is going on and ask that you have your machine cleaned. If you decide not to do this, we will then cut you off until you do.