In case you forgot, Time Warner Cable and Sinclair Broadcasting only agreed to extend talks for two weeks on reaching a long term retransmission consent agreement that will keep 33 Sinclair-owned stations on the cable lineup.

On Thursday night, the latest deadline will expire, and Time Warner Cable is signaling negotiations are continuing, but do not look too promising.

In a prepared statement, Time Warner says Sinclair has summarily rejected every offer and has repeatedly claimed to “terminate” negotiations over the past three months.

The cable company has spent part of the last two weeks arranging for alternative program feeds from all four major networks should negotiations end without a final agreement.  That could be an important distinction for customers, most of whom watch Sinclair stations primarily for network programming.

“We will provide all available Big 4 network programming in the event that Sinclair takes away its signals,” said Rob Marcus, President and COO of Time Warner Cable. “We want our customers to remember that we’re fighting hard to contain the rising costs of broadcast programming. We are also still working to reach a long-term agreement with Sinclair before our current contract ends tomorrow night, and in fact discussions between the Time Warner Cable programming team and Sinclair have taken place as recently as this morning and are ongoing.”

But the two are still trading barbs.  As recently as today, the two were debating about how many customers would be impacted by a loss of the Sinclair signals.

The cable company said Sinclair was “inaccurately portraying” the number of impacted customers.

“Time Warner Cable has approximately 4 million customers who receive local broadcast stations owned by Sinclair Broadcasting,” a cable company statement said.

Commissioners of the National Telecommunications Commission (NTC), led by its chair Gamaliel Cordoba (middle, in blue shirt) preside in a public hearing Tuesday on the proposed circular requiring broadband data limit for consumers and minimum broadband speed for service providers. The event, which was held at the NTC main office in Quezon City, was attended by various industry stakeholders, including telcos, bloggers, and consumer advocacy groups. Photo by Melvin Calimag; Courtesy: GMANews.tv

Philippine consumers won a major victory this morning, successfully stripping language permitting Internet usage limits from a broadband reform measure before the country’s telecommunications regulator.

In a newly revised draft, this language written by and for some of the nation’s largest telecom providers was removed after a major consumer push-back:

“WHEREAS, it has been observed that few subscribers/users connect to the internet for unreasonably long period [sic] of time depriving other users from connecting to the internet; NOW, THEREFORE… Service providers may set the maximum volume of data allowed per subscriber/user per day.”

Consumer rights group TXTPower was instrumental in exposing the provider-written language and generating a groundswell of opposition to broadband usage limits.  The group’s leader Tonyo Cruz said Internet Overcharging schemes like usage caps deliver all of the benefits to providers while limiting consumer access and increasing bills.

“The adoption of [usage caps] will destroy social media in the Philippines and affect businesses,” Cruz told commissioners at a National Telecommunications Commission public meeting attended by consumers.

Cruz compared broadband in the Philippines with a turtle race.

“Imposing caps would be like putting speed limits on slow-moving turtles,” he said.  “It is one thing for telcos to say that a small percentage of consumers abuse their networks, but is another and more important thing to know whether they actually deliver the promised services and whether they have at the moment or in the future the capacity to deliver them.”

Cruz says his group doesn’t oppose providers dealing individually with consumers who use their accounts to the point of creating problems for other users on the network, but a blanket usage limit punishing every Filipino was unacceptable.

The issue rapidly became a political hot potato when ordinary Filipinos contacted their elected representatives to protest the measure.

Kabataan Partylist representative Mong Palatino put the Commission on notice: “NTC’s draft memo [including usage caps] is clearly anti-consumer and regressive. It tramples on the rights of the consumers to get what they pay for in terms of a reliable Internet service,” Palatino wrote in a widely distributed statement. “By allowing telcos and Internet Service Providers (ISPs) to limit Internet speed and connection, NTC seemingly wants the whole nation to regress to an Internet era that is much slower and highly unstable,” Palatino explained.

For Cruz, the entire argument for usage caps and the complaints about consumers using too much Internet service “ring weird.”

“The telcos who complain about over-use are the same companies actively encouraging consumers to use the Internet and become avid Internet users, to watch and upload videos and photos,” Cruz noted.

Cruz and other consumer activists want the Commission to hold additional public hearings, and stream them live over the Internet.

Your unlimited experience is about to hit a roadblock.

Sometimes being popular isn’t the best thing in the world.

When Virgin Mobile introduced an unlimited, prepaid wireless broadband plan in August, it created a small media frenzy and shocked an industry that assumed usage-capped wireless broadband was the only way to survive the incredible demand for wireless data.

The company’s introduction of a $40 monthly unlimited-use broadband plan, with no term contract and month-to-month billing was a dream come true for casual vacationers and business travelers who don’t need a two year contract for pricey broadband-on-the-go from one of the major carriers.

When the company unveiled the unlimited broadband plan, as Stop the Cap! reported last summer, the demand was so great it brought the company’s network to its knees.  The prepaid provider, a division of Sprint, has struggled ever since to keep up with customer demand.  This week they announced they were throwing in the towel, quietly notifying would-be customers in the fine print of Radio Shack ads effective with all renewals after Feb. 15, a monthly limit of 5GB would be enforced on its Broadband2Go service.  Several of our readers noticed, including Greg, Sam, Jenny, and others.

“Customers who use BB2Go for typical email, internet surfing and reasonable downloading will likely not be impacted/notice any difference,” Virgin Mobile’s Corinne Nosal told PC Magazine by email.

But those who manage to consume just over 200MB daily will notice when the network speed throttle kicks in for those who “use too much.”  Speeds will be slashed to as low as 256kbps.  If you can’t live with that speed, you can pony up an additional $40 to “renew your account” (even if your month isn’t up yet) and the speed throttle will be removed, until you hit 5GB of usage again.

“So much for Virgin Mobile — 5GB means the service is no better or worse than the other players in the market, and considering the problems Virgin has had with reliable service, I’ll probably go back to using Cricket,” writes our Buffalo reader Lance.

Virgin Mobile relies on Sprint’s 3G network which already gets quite a workout from existing Sprint customers, as well as those using Clearwire (and several “private label” wireless broadband services).  Cricket owns and manages their own network, exclusively for the use of its own customers.

“Cricket will also throttle you if you hit 5GB, but you rarely run into overwhelmed cell tower sites like you do with Sprint’s network,” Lance says.

PC Magazine’s Sascha Segan notes the new usage limits makes using Virgin Mobile broadband a difficult proposition if you love multimedia:

The problem comes if you like video or downloads. Streaming Netflix at 1000kbps (if you can get that speed on the Virgin/Sprint 3G network), you use up about 450MB per hour. Some Windows updates can be up to 200MB alone. Want a TV show from your favorite legal downloading Web site? That’ll be 350MB, thanks.

While there are some small wireless ISPs in some parts of the country, Virgin’s abandonment of truly unlimited high-speed data leaves Sprint 4G/Clear as the only remaining major player willing to take on the wired-Internet oligopoly with an unlimited high-speed, wireless solution.

Some AT&T customers who buy bundled packages of services including landlines, cellular and satellite television have been running into a problem recently: AT&T keeps “losing” part of their monthly payments.

KOVR-TV’s consumer reporter Kurtis Ming shared the story of Karen and Darrell Smith.  The Sacramento area residents were AT&T landline, cell phone, and satellite TV customers for years, faithfully paying their monthly bill on time with no problems until the family decided to cut the cord on their landline service.

Darrell says he was told it would be no problem.  “She did say that once we cancel the landline then we wouldn’t be eligible for the bundle anymore, but we’ll just get a bill for it and just pay that.”

The Smiths say they paid their AT&T bills online in September, and October.  But then they received past due notices from both DISH Network and AT&T.  So what happened to the payments they have proof they paid?

“They said they had no way of knowing where the money went,” says Darrell.  “Once it comes in it’s gone,” says Karen.

The Smiths say the billing issue didn’t seem to surprise AT&T.

“He said, ‘All you had to tell me was that you were having trouble with the bundled billing department because everybody in this company knows that money gets lost there all the time,’” says Karen.

Thus began several months of ongoing billing nightmares for the family, including familiar “buck-passing” between DISH, who blamed AT&T for the billing errors, and AT&T, whose representatives eventually zeroed out their balance, if only to get the Smith family out of their collective hair.

After AT&T shut off their cell phone service because of “past due” bills, the family cringed every time a new bill arrived, wondering what new problems would be coming next.

“How can a large company like this operate with such disjointed departments and such a lack of ability to communicate?  She said that they’re working to improve that,” Karen tells the Sacramento CBS station.

After four months of nightmares, the family called the TV station hoping their consumer reporter could penetrate AT&T’s billing department and get the billing fixed once and for all.

Steven Smith (probably no relation), an AT&T representative, sent the station an official explanation that seemed to blame it all on the Smith family:

Ming

[…] Three revised final bills were generated due to payments made on the account. The first final bill separated the combined Mobility and DISH accounts. It appears the consumer did not understand that separate bills would be rendered from DISH and AT&T Mobility after the landline disconnection and the customer evidently did not notify their financial institution of the account changes for automatic payments….

Another AT&T representative suggested it was inappropriate for a customer service agent to state the company was having billing problems.

Ming was happy to report AT&T appears to have fixed the problem, at least for one family.

AT&T customers should always scrutinize their bills to make sure they are accurate.  If errors are found, contact the company as soon as possible.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KOVR Sacramento ATT Losing Money 1-4-11.mp4[/flv]

KOVR-TV Sacramento’s consumer report Kevin Ming describes the story of one family’s ongoing billing problems with AT&T.  (3 minutes)

Life's for sharing... just not on our wireless network.

British T-Mobile wireless broadband users got — how shall we put it — an “abrupt” and uncharacteristically rude notice about a change in the company’s “Fair Use” policy that takes effect in February (underlining ours):

Browsing means looking at websites and checking email, but not watching videos, downloading files or playing games. We’ve got a fair use policy but ours means that you’ll always be able to browse the internet, it’s only when you go over the fair use amount that you won’t be able to download, stream and watch video clips.

So what’s changing? – From 1st February 2011 we will be aligning our fair use policies so our mobile internet service will have fair use of 500MB.

What does this mean? – We’ll always let you email and browse the internet and you’ll never pay more than you agree to. We do have a fair use policy but ours is there to make sure we deliver the best service possible to all our customers.  This means that you’ll always be able to browse the internet.

So remember our Mobile Broadband and internet on your phone service is best used for browsing which means looking at your favorite websites like Facebook, Twitter, Gmail, BBC News and more, checking your email and looking for information, but not watching videos or downloading files.

If you want to download, stream and watch video clips, save that stuff for your home broadband.

T-Mobile's warning to customers to avoid watching videos on their network flies in the face of their own smartphone promotions.

As our regular reader “Jr” observes, broadband carriers want customers to use their broadband connections to browse web pages and read e-mail — and little else.  Rarely has a carrier come right out and said it, though.

Not only has T-Mobile “aligned” their fair use policies to deliver you less service (down from 1-3GB per month), but they’ve kept the same high price.  T-Mobile is the same company that routinely markets smartphones and other multimedia-equipped handsets specifically for the services they don’t want you to use on their network.

T-Mobile illustrates once again how Internet Overcharging schemes really work:

1. They implement a usage cap and suggest it is “generous” and that the majority of customers will never come close to hitting it;
2. They gradually reduce the usage allowance when revenue needs eclipse the needs of customers;
3. They still claim the new, lower limit is still “generous.”
4. They suggest almost nobody is likely going to hit the limit, no matter what it is.

Of course, had T-Mobile customers really come nowhere near the old limits, what problem was resolved lowering it?  T-Mobile claims the vast majority of customers don’t exceed 200MB of usage per month, an exceptionally low amount in comparison to other carriers.

The telecoms regulator Ofcom told ZDNet UK on Monday that, “if consumers are being notified of a change likely to cause them material detriment, the provider must give the customer one month’s notice of the change, and at the same time they must also inform the customer of their right to terminate their contract without penalty if the proposed change is not acceptable to the customer”.

As the changes take effect from 1 February, T-Mobile has given less than one month’s notice.

“We encourage unhappy consumers to speak with their provider about their concerns,” Ofcom’s spokesperson said. “If the problem relates to a particular term or condition that you feel is unfair, then you can log your complaint with Ofcom. We monitor complaints about the behaviour of communications providers and if there is a high volume of complaints about a particular issue, we do investigate and take action as required.”

(Thanks to our reader “PreventCAPS” for sharing the story with us.)