Netflix has introduced 3D and Super HD viewing — an improved version of 1080p streamed content — but if you are a Time Warner Cable broadband customer, you will not be able to watch.

Netflix is distributing its highest definition content over its Open Connect CDN network, which minimizes the geographic distance and number of connections between viewers and Netflix’s streaming servers. ISPs can join Netflix Open Connect either by free peering at common Internet exchanges, or save even more in transit costs by putting free storage appliances supplied by Netflix in or near their network.

“OpenConnect provides Netflix data at no cost to the location the ISP desires and doesn’t seek preferential treatment,” Netflix tells GigaOm. “We hope Time Warner will join the many major ISPs around the world who are participating in Open Connect to reduce costs, minimize congestion and improve data delivery to enhance the consumer experience.”

So far, Time Warner Cable has chosen not to participate and accused Netflix of discriminating against its customers.

“While they call it ‘Open Connect,’ Netflix is actually closing off access to some of its content while seeking unprecedented preferential treatment from ISPs,” Time Warner Cable said in a statement to Multichannel News. “We believe it is wrong for Netflix to withhold any content formats from our subscribers and the subscribers of many other ISPs. Time Warner Cable’s network is more than capable of delivering this content to Netflix subscribers today.”

ISP participation in the Netflix Open Connect CDN has proven limited thus far in the United States. Cablevision is the only major cable operator signed on to the content delivery platform. Frontier, Google Fiber and Clearwire also participate. Abroad, Virgin Media, British Telecom, Telmex and Telus also participate.

Netflix’s decision to limit its best streams to participants may be an attempt to force ISPs to take its content delivery network more seriously and enlist subscribers in a push to get additional ISPs on board. By bringing its most watched content directly to ISP’s, the company is attempting to blunt provider arguments for data caps and other viewing limits because the cost to distribute content within a provider’s internal network is negligible.

The necessary hardware powering the Netflix Open Connect CDN is less than you might think. The single device powering Open Connect is easily rack mountable and consists of:

Netflix’s Open Connect CDN hardware

Eshoo

Rep. Anna Eshoo (D-Calif.), the ranking member on the House Energy and Commerce Communications Subcommittee, will shortly reintroduce legislation that will require wireless companies to disclose more information about the anticipated speeds of their 4G wireless networks.

Eshoo announced her legislative intentions Tuesday at the Broadband Breakfast Club, telling attendees it was important for consumers to know what they are getting before signing a two-year contract.

The anticipated legislation is expected to mirror Eshoo’s 2011 bill — the Next Generation Wireless Disclosure Act (HR 2281), which never made it out of the Republican-dominated House committee.

Eshoo said consumers need clear and concise explanations of data limits, caps, or network management policies that can turn a fast 4G connection into a very slow or expensive one.

Many of the former bill’s supporters echoed carriers use “4G” as a marketing tool which can lead to consumer confusion. Networks ranging from Clearwire’s WiMAX service to T-Mobile’s HSPA+ to Verizon Wireless’ LTE network have all been dubbed “4G,” despite offering widely varying maximum speeds.

Consumers have also faced bill shock when they do not understand their monthly data limits.

Like the last bill, Eshoo’s newest effort is expected to face stiff opposition from wireless carriers and House Republicans, but may raise the temperature on data caps at the Federal Communications Commission, which has faced increasing pressure to become more involved in the issue of usage limits and consumption pricing.

Isiogu

A current member of the Michigan Public Service Commission is penning guest editorials featuring AT&T’s favorite talking points: promoting the company’s deregulatory agenda and providing false memes about Internet Overcharging schemes like usage caps and consumption billing.

Orjiakor N. Isiogu, co-vice chairman of the National Association of Regulatory Utility Commissioners Committee on Telecommunications and member and immediate past chairman of the Michigan Public Service Commission wrote nearly identical pieces appearing in The Hill, the Detroit Free-Press and the Battle Creek Enquirer that included misleading claims that could have come straight from an AT&T lobbyist’s “fact sheet.”

A sample:

The federal government has used the telecom industry as a model of how competition could be a better elixir than the guiding hand of government regulation. And the results are impressive. The high-speed Information Superhighway touches 95 percent of the U.S., and most consumers can choose from among six or more wireless or wireline providers (90 percent can choose from at least two). And the price of Internet access — measured by megabits per second — has fallen 87 percent since 1999, even as the speed has increased tenfold;

80 percent of U.S. homes now have access to download speeds of 100 megabits per second, and 4G wireless service will soon be available nationwide, with speeds of up to 20 megabits per second;

Despite the evidence, however, there are those who wonder whether there is sufficient competition for Internet access, whether speeds are too slow and prices too high. Others object to new pricing plans that allow a consumer to purchase the amount of bandwidth that best suits his needs.  In fact, some have asked the government to stop these new tailored pricing plans, even though these plans save nearly all consumers from having to underwrite the “outliers” whose monthly usage is gigantic — over 300 GBs a month or the equivalent of over 500 standard definition movies;

And if Teddy Roosevelt were with us today, he would likely argue that we can walk and chew gum at the same time, pointing to the banking industry as an example of industry excesses in need of a public check and the telecom industry as an example of how private competition, with occasional nudges, could better make the markets work.

In reality, if Teddy Roosevelt were alive today, he’d ask why a state commissioner working for the public is instead carrying water for the large telecommunications companies he oversees.

Did Roosevelt advocate the government keep their hands off AT&T and other consolidating telecom companies?

Isiogu doesn’t know his history either.

Roosevelt made no distinctions between the excesses of one industry over another. He strongly believed all major interstate corporations (and that would cover Isiogu’s friends at AT&T, Comcast, and other big telecom companies) should be subject to federal regulation and, in some cases, have their rates set by the government to ensure the public was charged fairly for the services they received. Roosevelt learned his lesson well from the oil, railway, and tobacco trusts his government sued to break up after years of consolidation and rapacious greed at the public’s expense. Those companies all claimed to be competitive as well.

Few industries have consolidated faster than the telecom sector, which is gradually rebuilding the Bell System in AT&T and Verizon’s image and a cable cartel that agrees never to compete directly with other cartel members.

Isiogu’s “facts” are disturbingly incomplete and misleading for a telecom regulator ostensibly serving the public interest.

For example, his claim that Americans can choose among six or more different providers ignores the fact AT&T and Verizon are counted twice (wired and wireless), no competition exists among multiple cable operators or phone companies, and many of the other options Isiogu counts (almost always wireless) do not provide coverage in suburban and rural Michigan. The average consumer in the U.S. has two practical choices for broadband — the cable or phone company.

While Isiogu sings the praises of American broadband, the rest of us have watched the price of Internet service continue to increase, whether customers want faster speeds or not. The industry itself admits it can raise prices because the competitive landscape and consumer love of broadband gives companies “pricing power.”

He also doesn’t mention the price of 100Mbps service or the fact it is not offered by either AT&T or (outside of one city) Time Warner Cable — both industry leaders. Wireless is no panacea either. 4G service may offer faster speeds, but usage plans that start with just a 1GB allowance make it hard (and expensive) to take advantage of the technology improvements. Just a few years ago those plans offered unlimited access.

Isiogu also tapdances around the fact no broadband provider in the country wants to sell a “pay for what you use” plan. Instead, companies create usage allowances that come with steep overlimit fees and, as AT&T executives have told shareholders, deliver limitless potential revenue growth as subscribers are forced to upgrade as their usage grows.

Most consumers favor and appreciate unlimited-use plans for predictable pricing and ease of mind. But flat rate plans ruin providers’ goals to monetize broadband usage and are usually eliminated when consumption pricing arrives, another fact Isiogu does not bother to disclose.

Isiogu has gotten remarkably cozy with the industry he oversees, even resorting to mind-bending pretzel logic that calls regulation for the banking sector a good idea and oversight of his industry friends a disaster.

What is disturbing is while Isiogu pens these industry friendly guest editorials in his spare time, he is also in a position of power to oversee and regulate these same companies in the public’s interest.

That represents a clear conflict of interest Teddy Roosevelt could see and feel from his grave.

Time Warner Cable has introduced its usage measurement tracker tool for customers in parts of upstate New York. The tool can be found on Time Warner Cable’s website under the My Services -> My Internet menu for customers logged in on the website.

Time Warner has been quietly collecting usage statistics for customers in this region since September 2012 and also offers the archived results for viewing.

The measurement tool managed to track a swap of the cable company-supplied modem for one I own in the fall of 2012.

The usage statistics seem generally accurate, although it combines both upstream and downstream traffic into one number. Some routers and other usage measurement tools measure this traffic separately.

AT&T 3G MicroCell

One of the core principles of Net Neutrality is that all Internet traffic is treated equally — nothing favored, nothing penalized.

AT&T does not seem interested in following that principle, as our regular reader James found out when reviewing the terms and conditions of AT&T’s Internet Overcharging scheme that limits DSL customers to 150GB of usage per month and 250GB for U-verse customers.

AT&T Wireless customers with the company’s 3G MicroCell that covers for AT&T’s network shortcomings are given special treatment if they also subscribe to the company’s wired broadband services: use of the MicroCell is exempt from the wired usage cap.

The MicroCell creates a mini “cell-tower” within the home for wireless devices that do not receive adequate indoor reception, powered by your home or office broadband connection. Customers with smartphones or other wireless devices can use the MicroCell to browse web pages, use apps, make and receive calls, or send and receive text messages without ever worrying about exceeding their DSL or U-verse broadband usage allowance. Want to access that content on your home computer? That does count against your cap.

“So data from another AT&T service which is sent over the same Internet connection as any other data traffic is excluded from the cap?  That sounds like a clear Net Neutrality violation to me,” says James.

From AT&T’s own FAQ:

“I have an AT&T 3G MicroCell. Since that utilizes my home broadband network to boost my wireless data signal, does that mean my wireless usage also counts against my wired broadband monthly data plan?

No, the wireless traffic from your AT&T 3G MicroCell does not count toward your monthly home broadband plan. Please register your AT&T 3G MicroCell account and your residential AT&T Internet account at www.att.com/internet-usage-MicroCell to help ensure accurate Internet usage billing. If you have broadband service with another provider, you do not need to register your account.”

The usage cap “free pass” does not extend to your wireless service plan, however. Despite using your home broadband connection, the use of the MicroCell still consumes monthly plan minutes and megabytes, unless you purchase extra add-ons. AT&T would argue it already charged you for your wireless usage, so it would not be fair to charge you again through your home broadband plan. But if you are not an AT&T broadband customer, that is exactly what happens if your local cable operator also has usage billing.

AT&T’s logic for implementing usage caps in the first place:

AT&T has experienced a dramatic increase in the amount of data that is sent and received over its wireline broadband networks. This dramatic increase is driven primarily by a small fraction of our customers. In fact, the top 2% of customers use about 20% of the total capacity on our network. A single high-traffic user can utilize the same amount of data capacity as 19 typical households. Lopsided usage patterns can cause congestion at certain points in the network, which can slow Internet speeds and interfere with other customers’ access to and use of the network.

Customers that blow through their allowance receive one warning and then a higher bill: a $10 overlimit penalty will apply and extends your usage allowance by 50GB. AT&T’s cost per gigabyte is estimated to be in the pennies.