After nearly a half-million Canadians expressed outrage about Bell’s Internet Overcharging practices, the company is responding.  This week, Bell sent a letter to their wholesale customers announcing it plans to end the practice of speed throttling peer-to-peer file traffic (at least for them):

Effective November 2011, new links implemented by Bell to augment our DSL network may not be subject to Technical Internet Traffic Management Practices (ITMP).  ITMPs were introduced in March, 2008 to address congestion on the network due to the increased use of Peer-to-Peer file sharing applications during peak periods. While congestion still exists, the impact of Peer-to-Peer file sharing applications on congestion has reduced. Furthermore, as we continue to groom and build out our network, customers may be migrated to network facilities where Technical Internet Traffic Management Practices (ITMPs) will not be applied.

Peer-to-peer traffic, once all the rage for swapping music, movies, and software (legally or otherwise), has been declining as a percentage of Internet traffic and legal online entertainment services (Netflix, et al.) have become available.  Copyright crackdowns and usage caps manage to further restrict customers from leaving P2P software running continuously as it can rapidly eat into usage allowances.

With increased capacity of Bell’s networks and decreased interest in file swapping software among customers, the practice of throttling such traffic (along with the unintended collateral damage to online gaming), means such network management practices have outlived their usefulness.

Providers these days are far more likely to blame online video for congested networks.  But once providers attach a speed throttle to an application, it can be difficult to remove.  Even as Bell announced it would no longer throttle their wholesale clients, retail customers will still suffer with reduced speeds during “peak usage times” — 4:30pm-2am local time.

Michael Geist, who covers Canadian broadband issues, wonders if Bell’s throttles are actually in violation of the Canadian Radio-television and Telecommunications Commission’s traffic management guidelines:

While Bell says its congestion has been reduced, its retail throttling practices have remained unchanged, throttling P2P applications from 4:30 pm to 2:00 am.  Given the decline in congestion, a CRTC complaint might ask whether the current throttling policy “results in discrimination or preference as little as reasonably possible” and ask for explanation why its data cap policies “would not reasonably address the need and effectively achieve the same purpose as the ITMP.”  In fact, the same can now be said for many other ISPs who deploy broad based throttling practices (Rogers, Cogeco), which may not be reasonable under the CRTC policy.

Phillip "Wants a High Fiber Diet" Dampier

Believe it or not, there are still some people out there who believe wireless broadband, as it exists today, is the future of high bandwidth communications in North America.  Forget DSL, forget cable, forget fiber optics, they say.  Technology like 4G and WiMax are “far superior” and cheaper.

To be fair, most of the people advocating the technology Sprint is in the process of abandoning have a vested interest in stopping fiber broadband projects.  That is because while Verizon continues to sit on its hands expanding its excellent FiOS fiber-to-the-home service, some of the most aggressive fiber projects in the country are being built by your local town, city, or village government.  It’s community-owned broadband, by and for the people in your own area.  Large telecom interests that have always refused to deliver fiber service (or pretend to by using the word ‘fiber’ while not bringing a single strand to your home) have it in for potential competitors that are willing to provide the advanced fiber technology they won’t.

So why aren’t big phone and cable companies providing this level of service?  In a word, money.  Their shareholders don’t like the initial cost of deploying fiber to the home service, even though the technology is superior to what reaches your home today, is infinitely expandable without stringing new cables across town, and can support money-making applications developers and providers have not even dreamed of yet.  With a pervasive lack of competition, there is nothing to overcome Wall Street’s conclusion that fiber doesn’t deliver fast enough profits to justify the initial expense.

When you take Wall Street out of the equation, especially in the telecom sector, the math works very differently.  While the phone and cable company is probably telling you “no,” companies like Google are saying yes in Kansas City.  So are municipally-owned rural co-operative phone and cable companies.  Communities deciding broadband is too important to leave to the phone companies that deliver half their residents 1-3Mbps DSL and call it a day are saying yes to fiber optics as well.

Overseas, fiber networks are being built in countries in Eastern Europe where the economics would never make sense by Wall Street standards, yet residents (and perhaps more importantly new digital economy businesses) are now getting Internet speeds of 100Mbps or better.  The next countries that could import good-paying American jobs might be Lithuania, Latvia, Poland, Romania, and Bulgaria.

So what does it take to adapt to this reality in North America?  Providers that are willing to make a long term investment in fiber broadband — one that may take a few extra years to pay back, but will generate dividends like increased employment, capacity to provide better, faster service, more reliable networks, and earning a piece of the action powering North America’s new digital economy.  If they won’t listen, tell your elected officials to support policies that promote additional competition and back community broadband expansion that can make all the difference between 3Mbps DSL and 100Mbps fiber.

[flv width=”640″ height=”372″]http://www.phillipdampier.com/video/Fiber is Better.flv[/flv]

Watch and share this video with friends and family to educate them about the infinite possibilities of fiber optic broadband and learn why it is superior to usage-capped wireless, slow speed DSL, satellite fraudband, or lopsided cable “High Speed Internet” broadband that delivers high speed in only one direction. (3 minutes)

AT&T admits it holds on to some customer data, including text message details, calling records, and billing statements for as long as seven years according to a new Justice Department document that raises privacy and security concerns.

“This disclosure reflects the importance of data minimization,” Greg Nojeim, senior counsel at the Center for Democracy and Technology in Washington, told Bloomberg News. “Some companies do a much better job of disposing of sensitive, personally identifiable information. Once such information is no longer needed for business-reasons, it shouldn’t be held onto because of the risks that it could be obtained by a hacker.”

Privacy advocates are also concerned the lengthy storage offers new opportunities for government intrusion into customer privacy, either for national security or law enforcement purposes.

Although every cell phone company maintains storage of customer and billing records, few keep the data for more than one year.  AT&T stores the data the longest, by far, and that bothers the American Civil Liberties Union of North Carolina:

AT&T/Cingular appears to keep all of its cell tower records since July 2008. How long do they plan to keep this data for? Are they just creating an infinite record of everywhere you’ve ever been with your cell phone? Do you remember where you were on September 28, 2008? If you have AT&T/Cingular, your phone company may know. And they might tell the cops.

But the company says it acts as a responsible steward of the information it warehouses.

AT&T gathers data to provide “the best customer experience possible” and uses “powerful encryption and other security safeguards to protect customer data,” according to the company’s privacy policy.

(Click to enlarge)

The ACLU chapter filed a Freedom of Information Act request to obtain the data seen above.  Once the ACLU won their request, the Justice Department publicly posted the information on their website.

In addition to basic billing and customer data, cell phone companies also record the specific cell towers used when making and receiving calls and the messages that travel across their networks, including where they originated and where they were sent.  The numbers called, call length, and the times of day when your phone is used the most were all recorded.  Some cell phone companies also use the data for marketing purposes.

Also in North Carolina, last week we shared the story of George Kontos, who single-handedly faced down AT&T, who overcharged his family for nearly two years’ of service.  After finally winning a refund of nearly $2,000, Kontos updates Stop the Cap! with news the North Carolina Attorney General’s office has taken an interest in the case and plans to launch a statewide investigation into AT&T’s billing practices.  If the state turns up problems, it’s only a matter of time before other states start their own investigations.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WITI Milwaukee Five year dispute with ATT 10-10-11.mp4[/flv]

The Attorney General of Wisconsin might find something to investigate in Wauwatosa — namely one local woman’s five-year fight with AT&T to maintain basic landline phone service.  WITI in Milwaukee shares the story of Darnelle Kaishian, who considers fighting AT&T her “full time job.”  It’s so bad, her friends now visit her in person, because her phone almost never works.  (2 minutes)

Cogeco customers in the Niagara Region watching their neighbors further north in Hamilton and Toronto enjoy faster broadband service can finally obtain faster Internet access from incumbent cable provider Cogeco, who this week unveiled three new faster speed packages in Niagara Falls and St. Catherines.

Cogeco’s Turbo 20, Ultimate 30 and Ultimate 50 High Speed Internet packages are all powered by DOCSIS 3 upgrades, which allow cable operators to bond multiple “channels” together to deliver faster Internet speeds.

Unfortunately, while download speeds of up to 50Mbps can be enticing, Cogeco’s upload speeds, even on their DOCSIS 3 network, are downright stingy.  Thanks to Cogeco’s relentless Internet Overcharging schemes, so are the usage caps.  The Turbo 20 package tops out at 20/1.5Mbps and offers only 80GB of included traffic.  After that, pony up $1.50/GB, up to a maximum of $50 in overlimit penalties.

The Ultimate 30 package includes 30/2Mbps with 175GB of data transfer capacity.  The Ultimate 50 pack delivers 50/2Mbps service with a 250GB cap.  But customers entranced with the extra speed should watch their wallets.  Cogeco’s overlimit fee is $1/GB on these packages with no maximum limit on those charges.

At least Cogeco is satisfied with their newest offer.

“We always strive to offer our customers more flexibility, speed and choices. Today, the whole family can use the Internet at the same time for online banking, video gaming, shopping or for downloading videos or films, and all with the same service. Cogeco’s HSI packages Turbo 20, Ultimate 30 and Ultimate 50 meet those needs perfectly,” said Ron Perrotta, vice president, Marketing and Strategic Planning.

The new Turbo 20 package is currently on promotion and offered for $44.95 per month for 12 months for customers who also subscribe to Cogeco’s Television and/or Home phone services, and for $54.95 per month for 12 months for those who only want to subscribe to the High Speed Internet service. Turbo 20’s regular price is $49.95 if bundled with other Cogeco services and $59.95 on a standalone basis.

For customers who subscribe to more than one Cogeco service, Ultimate 30 is offered for $59.95 per month and Ultimate 50, for $99.95 per month. Ultimate 30 and Ultimate 50 are also available on a standalone basis for $69.95 and $109.95 respectively.

A Winston-Salem man with a judgment from a North Carolina court in hand shocked AT&T store employees on Summit Square Boulevard Tuesday when he walked in with a Forsyth County Sheriff’s deputy to serve AT&T a court order that allowed the Sheriff’s Office to seize the store’s assets and sell them to satisfy his $2,000 judgment.

George Kontos says AT&T has been stonewalling his family for more than three months after winning a lawsuit against AT&T for Internet Overcharging.  The company had been stalling Kontos with paperwork requests, but a visit by a sheriff’s deputy prepared to begin selling off the store’s property to pay Kontos managed to finally get AT&T to act.

“AT&T is making arrangements to pay the sum owed to the Kontos family and will deliver the payment to the appropriate entity,” an AT&T spokesperson said in a statement.

Kontos had little trouble arguing his case in small claims court.

(Courtesy: WFMY News)

“When I went into AT&T to look at the plan, I wanted to make sure I had a comparable data plan with what I had been using and the rep pulled up the account and obviously even as an AT&T employee it must have been outstanding for him because his first reaction was, ‘wow you’re paying too much,'” Kontos told WFMY News.

With an AT&T employee on his side, Kontos thought AT&T would do the right thing and credit his account for 24 months of overcharging.  AT&T agreed to partial credits for the last five months.  Kontos said he would see the company in court.

In July, a county small claims court judge quickly found for Kontos and handed him a judgment and Kontos has been waiting by his mailbox for AT&T’s check ever since.

Kontos calls the matter a real David vs. Goliath story, and openly wonders how many other customers in the Triad are being overcharged by AT&T.

“Demand that they review your account for the last two years minimum,” he told the station. “Find out what you’ve been paying. Find out what other rate plans exist. Find out what you could have been paying and if you’ve got money that’s owed to you, get it back.”

If AT&T won’t provide an owed refund willingly, and you live in North Carolina, you can use this form — the same one used by the Kontos family — to sue AT&T yourself.

[flv width=”640″ height=”447″]http://www.phillipdampier.com/video/WFMY Greensboro Customer George Kontos Took ATT Mobility To Court And Won 10-7-11.flv[/flv]

WFMY in Greensboro shares the story of the Kontos family, who discovered they were overcharged for a data plan for more than two years.  When the company refused to issue an appropriate credit, Kontos took the company to court and won.  (2 minutes)