Loyal AT&T customers grandfathered on unlimited data plans are being paid back for their loyalty to the company with the threat of a speed throttle hanging over their heads if they don’t limit the use of their unlimited use plan.

The Washington Post reports, by AT&T’s calculations, anyone using 4GB of usage and up during the month is likely to find their smartphone neutered to near dial-up speed for the rest of the month:

The company said that it will throttle back data use for the top 5 percent of data consumers, who use “twelve times” what its average smartphone data customers use.

A recent Consumer Reports survey found that the average smartphone user on AT&T’s network uses 360 megabytes per month — meaning that only power users will feel the pinch. Using AT&T’s formula, the company’s likely scaling back its network for users who exceed 4 gigabytes per month.

Four gigabytes of usage on a smartphone is a considerable amount, if all you do is browse web pages, read e-mail, and access a handful of apps.  But consumers who increasingly rely on GPS navigation and streaming multimedia content, particularly videos, will find they don’t have to live on their smartphones to put themselves on AT&T’s bad side.  Even devoted attention to video streams from a home security system could consume a considerable amount of data on a usage plan that was supposed to be unlimited.

“It’s a slap in the face to loyal customers who have been with AT&T for a decade or longer,” says Stop the Cap! reader Paul.  “Wireless providers used to operate on rewarding loyalty by letting customers keep their plans intact unless and until they change plans or depart for another provider.  Now AT&T is literally cattle-prodding their most loyal customers who pay $30 a month for an unlimited plan that will now have limits.”

Paul wonders why anyone would want to keep an unlimited plan that will be throttled to punish customers with unusable speeds.

“Clearly, Verizon moving away from unlimited data allowed AT&T to stick it to customers who know they have few places to run,” Paul writes. “This is probably only the beginning.  Why again would we want AT&T to get any bigger than it already is?”

After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

AT&T's new choke collar for "unlimited use" data plan customers, ready for wearing Oct. 1

Now that Verizon Wireless has stopped signing up new customers for its unlimited usage data plan, AT&T plans to start targeting its grandfathered unlimited-data customers with speed throttles that will effectively limit the company’s “unlimited use” plan.  And the company is trying to suggest approval of its merger with T-Mobile might prevent its growing use.

AT&T says effective Oct. 1, the top 5 percent of its wireless users will receive a warning message before their speeds are cut to near-dial up for the remainder of the billing cycle.

“We’re taking steps to manage exploding demand for mobile data,” said the company in a statement.  AT&T added that “nothing short of completing the T-Mobile merger” will effectively solve the company’s network capacity issues.

“The planned combination of AT&T and T-Mobile is the fastest and surest way to handle the challenge of increasing demand and improving network quality for customers,” said AT&T.

With Verizon Wireless’ exit as a competitive alternative for unlimited data, AT&T’s newly announced speed throttle may not pose much of a risk for business when implemented, as infuriated customers have just one remaining provider offering unlimited data – Sprint.

While AT&T has not specified an exact amount of data usage that will put users in the penalty corner, they did say most of those facing throttling are “streaming video or playing some online games.”

Some AT&T customers use their unlimited wireless plans as a home broadband replacement — an action that could easily bring back a dial-up experience when the speed throttle kicks in.

Only customers on “unlimited use” plans will face AT&T’s special speed treatment.  Those paying for usage-limited packages are exempt.

AT&T’s ongoing hard-sell for the merger has not been well-received by some on Capitol Hill.

Sen. Al Franken (D-Minn.) blamed AT&T for its lack of willingness to spend money on improving its own network infrastructure for self-inflicted network capacity problems.  Franken believes the merger would be anti-competitive and anti-consumer.

In letters to the Department of Justice and Federal Communications Commission, Franken spelled out in great detail why approving the merger does not make sense:

“The competitive effects of a merger of this size and scope will reverberate throughout the telecommunications sector for decades to come and will affect consumer prices, customer service, innovation, competition in handsets and the quality and quantity of network coverage. These threats are too large and too irrevocable to be prevented or alleviated by conditions,” wrote Franken.

The International Business Times summarized many of Franken’s larger points:

• AT&T owns more spectrum than any other company, yet AT&T has been plagued with delays in rolling out infrastructure to support spectrum it has been allocated.  The quality of the service it provides is consistently ranked last amongst the national carriers, and it continues to use spectrum in an inefficient manner;
• Many of [AT&T’s] spectrum licenses remain undeveloped, including $9 billion worth of some of the most valuable “beachfront” spectrum;
• Other national wireless carriers have been aggressively preparing for this crunch. However, unlike the other wireless providers, AT&T has not visibly taken decisive steps to prepare for the coming crunch, despite the fact that AT&T should have recognized the need for additional investment shortly after introducing the iPhone in 2007;
• AT&T only increased its spending on wireless infrastructure by one percent in 2009. Although AT&T will point out that one percent is still a significant number, Verizon made the decision to increase its capital spending by 10 percent in 2009/9 and Verizon is now in a much better position when it comes to spectrum capacity.

Despite the loss of more than 128,000 video subscribers, Time Warner Cable more than made up the difference with rate increases on equipment, programming, and broadband to score a 23 percent increase in earnings in the second quarter of 2011.  For the period of April-June, Time Warner earned a profit of $420 million, nearly $80 million more than the same quarter last year.

Cable Television

Time Warner CEO Glenn Britt continued to blame the loss of video subscribers on the housing crisis and economy, suggesting the cable operator’s prices have gotten too high for some customers to handle, and they’ve disconnected cable television service as a result.  Britt also continues to downplay the impact of online video allowing for consumer cord-cutting, suggesting instead that increased competition from phone companies and satellite providers are creating a problem online video isn’t.

As a result, Time Warner is refocusing its efforts on marketing packages to three segments it particularly wants to attract — the very well-to-do, the Latino community, and the income-challenged.

Time Warner officials noted that many of their customers have continued to pare back their packages to cushion against the company’s rate increases.  For the last few years, consumers have cut premium movie channels and extra tier add-ons.  Now customers are targeting Time Warner’s DVR service as a route to a lower cable bill.  Many are returning their DVR boxes to save money, or are not keeping the service as a promotion expires.  Time Warner often bundles DVR service into new customer promotions for no additional charge.

For these income-challenged consumers, Time Warner is promising to develop new packages of services at reduced prices.  That likely means the expansion of the company’s “budget tier” — a package of selected basic cable networks, excluding expensive sports programming, currently testing in two markets for around $50 a month.

But the company is also reporting success with its wealthier customers, many who are adopting Time Warner’s super premium Signature Home service, from which the company collects an average of $220 per month per customer.  Time Warner is also ramping up promotion of its cable services to Spanish-speaking audiences in the Latino community — customers it may have under-served in the past.

The company also reported declines in video-on-demand revenue, principally adult pornography pay-per-view content consumers are now watching on the Internet for free.

Broadband

Among the brightest stars for Time Warner Cable continues to be broadband service, which is increasingly important… and profitable for the nation’s second largest cable operator.  With “pricing strength,” Time Warner has successfully adopted a series of rate increases for Road Runner service, increasing revenues along the way.  The company also reports success with its DOCSIS 3 rollouts, now reaching 60 percent of its cable subscribers.  CEO Britt says the cable company expects to complete DOCSIS 3 upgrades nationwide by the end of 2012.  A noticeable percentage of customers are upgrading to premium-priced, faster speed tiers as a result.

Despite the investment in DOCSIS 3, Time Warner Cable continues to slash the amount of capital it is investing in its network.  So far this year, capital expenditures are down 7.4 percent to $1.36 billion.  Chief Operating Officer Rob Marcus predicts Time Warner will spend no more than $3 billion on its systems in 2011, despite plans to continue broadband upgrades and convert their cable systems to all-digital operations.  So far this year, Time Warner has earned over $2.2 billion from its broadband division alone, up 9 percent from last year.  The company attributes most of that growth to rate increases and customers upgrading their service.

Other facts:

• Time Warner’s wireless mobile broadband has failed to spark much interest from consumers, perhaps because they realize it comes from Clearwire, a company Time Warner CEO Glenn Britt seemed unimpressed with in today’s conference call.  He made a point of telling investors the cable company is under no obligation to invest anything else in the venture;
• Time Warner Cable is taking a new interest in Wi-Fi, deploying networks in New York and Los Angeles, in the hope the company can boost interest in a “quad-play” of cable, phone, Internet, and wireless broadband/Wi-Fi that consumers have taken a pass on thus far;
• The company’s new super data center in Charlotte, N.C., will provide a national “head-end” for IPTV video, currently supplied from a facility in Denver.  This will principally benefit iPad users using the company’s app to stream online video.  The company hopes to eliminate regional and local distribution efforts as a cost-savings measure, consolidating national distribution through Colorado and North Carolina;
• The company’s next version of TWCable TV — the aforementioned iPad app, is due out in a few weeks and will include text searching for individual shows.  Whether it corrects the ludicrous inability for the app to consistently stream video is another question;
• Competition for new customers has been responsible for a number of disconnects.  One satellite provider is pitching Time Warner customers on a $30 a month video package that includes the NFL Sunday Ticket for free.  Verizon FiOS has increased its marketing of Time Warner customers, offering its own triple-play package for $99 a month.  AT&T U-verse has their own triple play packages as low as $89 a month, with a substantial mail-in rebate offer good for over $100.  But Britt warns the lack of change in the “average revenue per subscriber”-numbers from competitors probably means consumers are paying substantially more thanks to fine print-surcharges and fees;
• Time Warner is still trying to sign agreements for its TV Everywhere project, particularly for HBO Go, but the terms are evidently still not acceptable to the cable company.

Our earlier coverage, seen below, covers Britt’s remarkable comments about usage-based pricing.  He was certainly off the usual industry playbook today, even going as far as telling investors what we knew all along: bandwidth costs bear almost no relationship to the prices charged for broadband service.  That’s one we’ll tuck away and remember.

Time Warner Cable CEO Glenn Britt highlights the results from the second quarter, covering cable-TV, broadband, and other products. July 28, 2011. (6 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

While Netflix has grown like wildfire across Canada, providing unlimited streamed video entertainment for $8 a month, a few cable operators at risk of premium channel cord-cutting have responded with their own movie streaming services, at least one that temporarily found itself the subject of controversy when it was introduced a few weeks ago.

Shaw Communications’ Movie Club is that cable company’s answer to Netflix — offering a flat rate streaming service available over broadband or through your Shaw set top cable box for $17 a month ($12 if you forgo HD movies).  For that, Shaw promises unlimited viewing, without any usage caps so long as you stream movies from your cable box and not from your home computer.

But is it worth it?

With the assistance of one of our readers in Calgary, we were able to give Shaw’s Movie Club a trial run.

Availability

Evidently, Shaw Movie Club works best if you live in Calgary or Edmonton, where Shaw has been testing their new “Gateway” system, which is a combination home video terminal/DVR designed to compete with phone company DVR boxes which can record 4-6 shows simultaneously and deliver recordings to multiple sets in the home.  A number of Shaw customers on less-advanced, older cable systems may find the service a lot less convenient to use.  Outside of urban Alberta and in British Columbia, we found instances where customers could request to view Shaw Movie Club titles, but they had to be watched on your cable set top box.  For now, the most aggressive marketing for the service seems to be in Calgary and Edmonton, perhaps for this reason.

The Selection

When we sampled the service, we found about 150 titles available for viewing — hardly a wide selection.  Although many popular, semi-recent movies were available for viewing, the selection was comparable to what one would find from one or two premium movie channels.  Existing premium subscribers may find more than enough to watch from Super Channel or Movie Central On Demand, which are included with your subscription to one or both networks.  In the States, HBO, Cinemax, and Showtime all offer their own virtual “on-demand” channels that let viewers select most of the titles shown on each respective network for instant, on-demand viewing.  Shaw Movie Club felt very much like one of these channels, based on the limited selection.

In comparison, Netflix does not make it easy to count the actual number of streamed movies they have on offer at any one time, but the selection was clearly more substantial on Netflix, with a much deeper catalog.  But Canadians are also punished by Netflix because the service does not yet have agreements in place with studios to stream the same titles to both American and Canadian audiences.  Americans have a much larger selection of titles to stream.  Shaw’s agreements with studios clearly emphasize more current titles, and there are titles available on Shaw’s service that are not available from Netflix.

Winner: Netflix – You have a better chance of finding something to watch on Netflix.

Loser: Shaw Movie Club – But the service may have access to movies you wish Netflix provided.

Shaw's biggest competitor

The Value

At up to $17 a month, Shaw Movie Club is expensive.  In fact, it’s a lot more expensive if you do not subscribe to Shaw’s cable television.  It’s required to sign up for the streaming service.  That seems counter-intuitive to provide video streaming but deny broadband-only customers the opportunity to buy, but not when you consider such services are designed to prevent cable-TV cord cutting, not enable it.  Shaw charges nearly $40 in Alberta for basic cable service, so that’s a steep entry fee to pay before handing over another $12-17 just to stream movies.

For those uncomfortable video streaming on home computers, Shaw’s set top box solution lets you watch shows on-demand directly on your television.

Shaw initially found itself mired in controversy when it appeared they would exempt their video streaming service from their own usage caps — a clear anti-competitive move against Netflix, which does count against your cap.  But Shaw quickly clarified their position to state only set top box viewing was exempt from their caps.  We’re not certain exactly what distinction Shaw is trying to make beyond the political, because data is data — it all arrives on the same cable.  Shaw would argue their video may travel over their “television” bandwidth when delivered to set top boxes and their broadband network when delivered over the Internet.  But Time Warner Cable has shown it can deliver video over its Apple iPad app to cable subscribers over Time Warner’s internal network, which means it costs next to nothing to provide.  We suspect there is nothing technically precluding Shaw from exempting all of its Movie Club viewing from usage caps, beyond the political implications of doing so.

Winner: Netflix – $7.99 a month is an afterthought when you consider how much you can watch.

Loser: Shaw Movie Club – Up to $17 a month is a very steep price to pay for fewer than 200 movie titles to watch.

Video Quality

Both services delivered high quality video, even over a remote connection we used to sample Shaw Movie Club.  Shaw’s HD streaming performed with absolutely no technical flaws, evidence they are paying careful attention to deliver video from networks as close to their customers as possible.  Shaw’s HD streaming was often better than Netflix’s online streaming, but Netflix’s network consumes a lot less bandwidth, an important distinction if you have a large family piling on your broadband connection at the same time.  Shaw’s video is a bandwidth piggy, and will eat into your usage allowance fast if you use it over the Internet.

We recommend watching Shaw’s service over your existing set top box whenever possible.  It’s convenient and won’t count against your usage allowance.

A Tie: Netflix and Shaw Movie Club both deliver excellent quality video with no technical flaws experienced.  Shaw Movie Club has a larger selection of HD movies, but that is tempered by the fact watching them will rapidly erode your usage allowance if watching online.