Andre Vrignaud of Seattle has been benched for a year by Comcast for using too much of its Internet service.

From time to time, we get reports from Comcast customers victimized by the company’s 250GB usage cap.  The nation’s largest cable broadband provider implemented that arbitrary limit back in 2008 after the Federal Communications Commission told the company they could not throttle the speeds of customers using applications like peer-to-peer file sharing software — then pegged as the usual suspect for turning “ordinary” broadband users into “data hogs.”

For at least 18 months, Comcast’s usage cap came with no measurement tools or real explanation most customers could find about what a “gigabyte” was, much less how many of them they “used” that month.  Only last year, Comcast finally rolled out usage measurement tools for customers who bother to find them on their website.  New customers signing up for service never even realize there is a usage cap until a thick brochure of legalize comes with the installer outlining the company’s Acceptable Use Policy.

Still, compared to some of the usage cap battles Stop the Cap! was fighting three years ago, Comcast was the least of our problems.  Frontier’s infamous 5GB usage allowance was the worst we’d ever seen, Cable One’s IRS-like usage policies required an academic to explain them, and Time Warner Cable’s ‘lil experiment in broadband rationing with a 40GB usage cap experiment crashed and burned soon after being announced in the lucky test cities scheduled to endure it.  That doesn’t make Comcast’s cap fair or right, but protecting consumers from these schemes requires triage.

But we remember well Comcast’s promise that it would regularly revisit and adjust its usage cap to reflect the dynamic usage of its customers.  That’s just one more broken promise from a broadband provider with an Internet Overcharging scheme.  In fact, Comcast has not moved its cap one inch since the day it was announced, although they have increased their rates.  The only thing going for the cable giant is that it doesn’t treat “250GB” as a guillotine.  In fact, the cable company only sends the usage police after the top few percent of users that exceed it, issuing a warning not to exceed the cap again during the next six months, or face a year without having the service.

This punitive policy is what Time Warner Cable CEO Glenn Britt loves to rail against.  For him, broadband usage should never be penalized — it should be exploited for all the money the provider can possibly get from customers.  That’s why Britt favors a consumption billing system that starts off with a high monthly price for everyone, than goes much higher the more you use.  Would the neighborhood crack dealer cut you off for using too much?  Of course not.  Feeding your broadband usage habits can mean fat profits, and investors love it.

Andre Vrignaud, a 39-year-old gaming consultant in Seattle, wrote us (and many others) about his own experience with Comcast’s usage ban.  He’s a victim of it, having been warned once about usage and then ultimately told his cable modem was disabled for a year.  For Vrignaud, it was a case of using a cloud storage file backup provider, moving very high resolution images around, and having roommates.  Since Comcast counts upload and download traffic towards its usage limit, it’s not hard to see what can happen to anyone trying to back up today’s supersized hard drives.  What’s especially ironic is that Comcast itself sells online file backup services — which also counts towards your cap.

Comcast’s attitude about its decision to ban Vrignaud from its broadband service for a year was simple enough: it’s a clear cut case of violating their usage caps.  In their view, heavy users slow down broadband service for everyone else in the neighborhood.  So they set a policy that cuts them off when they use too much.

To add insult to injury, broadband-disabled Comcast customers have to call Comcast’s Retentions & Cancellations Department to get the billing stopped on his disabled service.  Vrignaud had to negotiate with a representative whose instinct is to keep you a Comcast customer at all costs, even when the company won’t allow you to be one!

But is Comcast really facing a congestion issue?  Not if you happen to be a business customer at the same address, using the exact same infrastructure that residential customers in the neighborhood use.  Business Class service has no usage limits at all — “congested neighborhood” or not.  And that is where Comcast’s argument simply starts to fall apart.

We’ve been in touch with Vrignaud privately in an effort to help him find a way back to his broadband service.  The alternative is DSL from Qwest/CenturyLink, and unless you live in an area where the phone company has upgraded their networks to support ADSL 2+ or other advanced flavors of DSL, that represents quite a speed downgrade.

Our readers have told us Comcast representatives have several unofficial ways of dealing with heavy users who have gotten their first warning from the company.  Some have told customers to sign up for a second residential account under the name of someone else in the home to allot themselves an additional 250GB of usage.  Others recommend signing up for a business account, which means no usage cap at all.  For those who have been cut off, signing up as a new customer under the name of someone else in the household usually gets you back in the door, albeit facing the same usage cap issue all over again.

The problem Vrignaud encountered is Comcast’s clumsy way of dealing with customers, like himself, who have been sentenced to a year without broadband service (from them).

Vrignaud explored the route we recommended — Business Class service — and found he couldn’t sign up.  Evidently Comcast’s ban is tied to his personal Social Security number, and when he tried to enroll in Business Class service using it, he was stopped dead in his tracks.

Turns out that once Comcast has cut your broadband account for violating their data cap policy you are verboten from being a Comcast customer for 1 year. That’s right:

After being cut off from Comcast’s consumer internet plan due to using too much data, I’m told I’m ineligible to use Comcast’s recommended solution, their business internet plan that allows the unlimited use of data — solely because I made the mistake of actually using “too much” data in the first place.

As the sales rep said in my Google Voicemail message, “what’s interesting is that if you would have started off on the business side of the house, since we don’t have a cap limitations [sic] you would’ve been fine.”

Vrignaud also mentioned he was unsure if Comcast required a business Taxpayer Identification Number (TIN) in order to sign up for Business Class service.  In fact, for our readers who have gone this route, it turned out not to be necessary.  They just put their Social Security number in the space reserved for a TIN and had no problems.  Vrignaud would have a problem, however, because his Social Security number is effectively “poisoned” for the year.  He would need to obtain a specific kind of TIN — an Employer Identification Number (EIN) to proceed.  Luckily, it takes less than five minutes to apply for one online and is free.  The number displayed at the end of the process would be the one to use with Comcast.  An alternative suggestion would be to sign up for service under the name of someone else in the household.

For those on Comcast’s bad side, there is more hoop-jumping to get your service back than at the Ringling Bros. circus.

Should all this even be necessary?

Broadband service carries up to a 90% profit margin.

Stop the Cap! thinks not.  While Comcast may have endured last-mile congestion on its shared cable broadband network in days past, the company’s aggressive upgrades to DOCSIS 3 technology makes congestion-based usage limits more of an excuse than a reality.  Comcast is pitching faster broadband speeds than ever, all hampered by the same 250GB usage limit.  While residential and business class customers share the same physical cable lines strung across neighborhoods, one faces a usage cap and the other does not.  It’s simply not credible.  Comcast’s punitive usage cap scheme throws away their own customers and the revenue they bring.

Vrignaud wants the option of getting his service back, perhaps by buying additional usage.  That’s Time Warner Cable’s dream-come-true, and one we are concerned about.  Once broadband usage is limited and monetized, it becomes a commodity that can be priced to earn enormous additional revenue for cable operators, regardless of the actual cost of providing the service.  That’s a dangerous precedent in today’s duopolistic broadband marketplace, because the cost per gigabyte will likely be on the order of a thousand times or more the actual cost, with no competitive pressure to keep that cost down.  That’s how Canada ended up in its Internet Overcharging pickle, where providers call $1.50-$5 per gigabyte “reasonable,” even though it costs them only pennies (and dropping) to deliver.  Some providers are even raising those prices, even as their costs plummet.  That’s not a road we want the cable or telephone industry walking down, or else we’ll find today’s enormous cable TV bills pale in comparison to the outrageous broadband service bills of the future.  Time Warner Cable provided a helpful preview in 2009 when they proposed unlimited 15/1Mbps residential service at the low, low price of $150 a month.

Vrignaud is just one more example of why Internet Overcharging risks America’s broadband future.  It’s an end run around Net Neutrality, its arbitrary, and unjustified.  The rest of the world is racing to discard what they called congestion pricing almost as fast as America’s providers (and their Wall Street cheerleaders) are racing towards Internet Overcharging.  The United States should be following Canada’s lead and hold providers to account for this kind of Internet pricing and force them to prove its warranted, or be rid of it.  With virtually every provider earning enormous profits off Internet service at today’s speed-based pricing, there remains no justification to overcharge customers for their broadband usage.

Cox alienates their customers.

Six of the 19 ‘Most Hated Companies in America’ are big cable, satellite and phone companies.  The list, published this month by The Atlantic magazine, call out the perpetrators of bad customer service, high prices, and in the case of Time Warner Cable (#3) — Internet Overcharging.

The American Customer Satisfaction Index rates companies based on thousands of surveys. In the latest index, the most-hated companies include large banks, airlines, power and telecom companies.  Especially called out this year was Time Warner Cable, celebrating a decade of public relations blunders ranging from gouging experiments on Internet service pricing, showing pornography on children’s channels, high rates, and downright lousy service in some areas.  And with CEO Glenn Britt entertaining a return to Internet rate gouging, the company’s 59/100 score still has plenty of room to fall.

#3 — Time Warner Cable (59/100) — All of the above, plus sexually harassing a North Carolina customer.

#4 — Comcast (59/100) –Dreadful customer service and poor communications left consumers with dozens of channels gone missing, outrageous rate hikes, their phone service implicated in a Florida woman’s death, and who could forget the technician that set a customer’s house on fire. This one actually lost two score points since last year.

#5 — Charter Communications (59/100) — The usual rate increases were bad enough, but Charter also told their customers they were on the hook for cable boxes lost in fires that were not their fault, was held accountable for faulty billing practices, went bankrupt, introduced its own Internet Overcharging scheme, and worst of all — their infamous PR disaster telling tornado victims in Alabama to go and find their lost cable boxes scattered somewhere in the neighborhood.  The representative on the line will wait.

#14 — AT&T (66/100) — Limited coverage and the introduction of usage pricing for data pl    …   oh sorry, AT&T dropped the call.  All reasons why AT&T wins the ‘you suck’ award among mobile providers this year.

#17 — Cox Cable (67/100) — The home of the $480 early termination fee, Cox alienates customers like few others.  They even use spacemen to harass their customers.  Bemusingly, Cox is considered a customer service success compared with our other bad boys.

#18 — Dish Network (67/100) — Trending downwards, Dish is still giving their customers a bath in bad billing and worse customer service.  They are lovers of big ad splashes with a terrifying excess of fine print which ruins the deal, if you read it.

Leap Wireless’ Cricket is raising prices $5 a month on its prepaid 3G mobile broadband service for the second time in nearly a year, with the announcement the company will offer limited data roaming on Sprint’s 3G network.

In return for being able to access Cricket mobile broadband outside of the company’s highly limited network of cell towers, the price has to increase, according to statements made on Cricket’s website.  Cricket will now sell three different broadband plans, all without a contract:

$45/month for 2.5GB, $55/month for 5GB, or $65/month for 7.5GB

But there are a number of catches.

First, your service will be terminated if you do not live in a zip code where Cricket provides its own cellular service.  The company is only interested in selling service to customers who will primarily use it inside of its own coverage areas.  Second, if you are caught data roaming on Sprint’s network for more than 50 percent of your monthly usage, the company can throttle your speed to dial-up for at least one month or terminate your account.

These pricing changes could also impact certain grandfathered Cricket mobile broadband customers, some of whom are still paying Cricket’s rate of $40 a month for up to 5GB of usage that was being sold until last summer.  Who will pay the added $5 bite depends on when and where you activated your account:

Customers activated prior to August 2, 2010: You are likely grandfathered on Cricket’s $40 a month plan, good for up to 5GB of usage per month.  Most of these customers never activated last year’s newly introduced limited 3G mobile data roaming, so they will not be able to use their service outside of a Cricket service area.  They will not see a rate increase unless they opt-in to “roaming” service from a menu on their wireless device’s configuration panel.  If you opt in, you cannot opt back out.

Customers who purchased their device at Best Buy, Wal-Mart, or Radio Shack at any time: You are not eligible for 3G data roaming service at this time.  You will not see a rate change unless and until that changes.

Customers activated after August 3, 2010: Your device was activated with 3G roaming capability and you will be impacted by the price change.  Existing customers on an impacted account will receive Nationwide 3G coverage beginning July 12.  The first bill with increased pricing will be for customers with a bill due on August 11.  Your bill will see an increase on or after this date.  Technically that equals one month of free roaming coverage.

Cricket's new data coverage map, with Sprint roaming included.

For some customers, this is quite a price increase from two years ago when the company claimed to provide “unlimited” 3G wireless broadband service for $40 a month.  Customers soon learned Cricket’s definition of “unlimited” meant around 5GB of usage before the company throttled broadband speeds to near dial-up for the remainder of the billing month.  By last summer, “unlimited” was gone, replaced with usage allowances enforced by the aforementioned “fair access policy” speed throttles.

Although the company touts the service will run at speeds up to 1.4Mbps, in reality, most will see speeds much lower than that.  From Stop the Cap! headquarters in Rochester, N.Y., we routinely see speeds on Cricket’s 3G network operating at between 300-600kbps.

Cricket still delivers a cheaper plan over Sprint-owned Virgin Mobile, which charges $50 for 2.5GB.  For those who want more, Clearwire is still pitching 5GB of usage on Sprint’s 3G network and “unlimited” use on its 4G network, although “unlimited” really isn’t when the provider deems you a heavy user and throttles your speeds.  T-Mobile offers a data pass for some of their customers allowing 1GB of data for $30, 3GB of data for $50 — all prepaid.

We have received dozens of e-mails from readers trying to add Verizon Wireless’ coveted 4G $30 unlimited-use Mobile Hotspot feature to their accounts, with varying results.  We’ve compiled, with the help of our readers, a guide to assist you in scoring the only good thing to come from Verizon’s recent changes in data pricing.  If you follow these steps, you should be good to go.

Q&A

1. What is a Mobile Hotspot and What Is Verizon offering? — Verizon Wireless offers customers a service to turn their 3G or 4G phones into a Wi-Fi provider, letting you connect your other portable devices, like a tablet or laptop, to your Verizon Wireless data connection to access the Internet over Wi-Fi.  Technically, this feature is built-in to most smartphones, but cell phone companies monetize it by charging you an extra monthly fee to use the service.  Traditionally, Verizon charges $20 extra a month (on top of your data plan) to enable this feature, and has limited it to 2GB of use per month.  Each additional gigabyte will cost you $10.  But when Verizon introduced its new 4G LTE network, early adopters to 4G phones got access to this feature for free, for a limited time.  On 7/7, Verizon’s new limited-use data plans took effect, and Verizon expired the free 4G Mobile Hotspot feature.  To placate 4G owners, it offered them the chance to continue getting unlimited use of this feature, for an extra $30 a month.

That’s a stiff price to pay on top of your monthly data plan, but because Verizon’s LTE network is currently fast enough to serve as a home broadband backup (we consistently get speeds of 11/3Mbps on LTE from our headquarters), $60 total for unlimited wireless Internet isn’t completely outrageous at those speeds.  Yes, it’s ridiculous Verizon disabled a feature built in and functional on phones in other countries, but it is the same story with other carriers as well.  We even agree with the proposition you should be able to use your unlimited data plan for anything you want, but that’s just not a reality at the moment.

2. Who exactly qualifies for the $30 unlimited Mobile Hotspot? — We have been able to confirm for sure that anyone who activated or at least ordered a 4G phone before midnight on 7/7 is qualified to upgrade to this plan.  You cannot, however, activate the plan on a 3G phone.  Only 4G models qualify.  Where things get murky is whether or not customers who currently have 3G phones can still upgrade to a 4G model after 7/7 and get this plan.  Droid Life believes the answer to this question may be “yes” based on two tweets sent from Verizon Support:

We are more skeptical, however, based on the accumulated responses we’ve collected from Verizon Wireless from our readers, which admittedly are all over the map.  Verizon reps have not been offering consistent information about the Mobile Hotspot plan since it was first announced more than a week ago.  The company is preoccupied with reassuring existing customers they were not at risk of imminently losing their unlimited data plans, an entirely different subject.

I would not upgrade to a 4G phone today in hopes of scoring this Mobile Hotspot plan unless you have the name of an employee you can use if you complete the order, try to activate the feature, and encounter resistance.  In truth, Verizon can do anything they want for any customer, new or otherwise.  The trick is finding an employee with the authority to make things happen.  Be prepared to escalate or call back if you encounter a roadblock.

3. What happens if I have a 4G phone and start a Hotspot session with a 3G signal, is it still unlimited? — Yes.  Any Mobile Hotspot session originated on this plan on a 4G phone is unlimited regardless of what network conditions you encounter, as long as you are on Verizon’s network.

4. Does this apply to mobile broadband, provided by a dongle or a MiFi device?  — No.  Only 4G smartphones qualify for this plan.

5. How many people can share my Mobile Hotspot connection at the same time? — Verizon traditionally says five, but my phone (Samsung Charge) supports up to 10 concurrent Hotspot connections.  That’s a lot, so if everyone piles on, expect some slowdowns from the shared connection.

6. Can you add and drop the featured plan and get it back later? — Verizon has not said.  The company has not responded to questions about the longevity of this plan, whether it could be withdrawn, or whether customers can add and drop it (and add it back) at will.  We see that as evidence this is a promotional add-on that is likely to be withdrawn for new customers at some point in the future.  Verizon traditionally grandfathers customers already on a plan indefinitely, which means if you have it, you can keep it.  If this feature is important to you, we recommend you add it and keep it active.  When it’s gone for new sign-ups, it’s gone.

7. I do not see the plan under Verizon’s My Services on their website.  Should I be concerned? — No.  The plan was being offered to customers initiating new Mobile Hotspot sessions on their 4G phones, but not to all.  We never found it on Verizon’s website.  The only indication it is active on your account is finding this: “4G SMARTPHONE HOTSPOT” listed on this page (to access, you must first login to your Verizon Wireless account and select the line on which the feature was ordered.)

Ordering Advice

We have found multiple methods of securing this plan, and with the thanks of Stop the Cap! reader DJ, we have even located the all-important plan number, which you can reference when contacting Verizon.  If you run into a roadblock calling Verizon customer service, or can’t get the plan added while visiting a Verizon Wireless corporate store, we have some other suggestions.

1. Customers who already had a 4G phone before 7/7 can call Verizon Wireless from your phone at 611 or 1-800-922-0204 Monday-Sunday 6am-11pm ET.  Tell them you wish to add plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

2. If you activated a new 4G phone after 7/7, call VZW’s Orders & Activations Hotline at 1-877-807-4646.  Work through the prompts.  You may be prompted to accept a customer agreement and get “trapped” in a menu asking you to press “1” or “2” after accepting the customer agreement.  Press “0” and wait to be transferred to a live agent.  Tell them you wish to add plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

3. If rebuffed by either, try calling 1-316-681-9940, the number to a Verizon store in Kansas that has employees active in several phone forums helping people trying to get on this plan.  They should be able to add the plan to any 4G phone account, whether you are in Kansas or not.  Again, reference plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

Let us know if you still have any problems in our comments section!

Pentefountas

Stop the Cap! is following this week’s extensive hearings into Internet Overcharging in Canada by the Canadian Radio-television and Telecommunications Commission (CRTC).  The debate into Bell’s attempt to mandate usage-based billing for -every- provider in Canada, regardless of whether they are owned or operated by Bell, reached a new level of absurdity this morning when a Conservative appointee to the CRTC, Tom Pentefountas — the vice-chairman of the commission — asked this question to an astonished panel headed by Openmedia.ca, a consumer group fighting usage-based billing:

“What is so undemocratic about allowing a few companies to control the Internet?”

Pentefountas was openly hostile at times against Openmedia, questioning their membership, their funding, and whether they had a “self-interest” in the fight.  They do — consumers, a concept that evidently escapes the very Big Telecom-friendly new commissioner, appointed by the government of Stephen Harper.

Yesterday, much of the hearing was focused on Bell’s defense of UBB, and we noted Mirko Bibic’s increasing discomfort as the Bell lobbyist came under increasing scrutiny and hard questioning that he never experienced during earlier hearings (those that led to the CRTC’s approval of UBB).  Now that the public (and higher government officials) are watching and listening, what used to be a non-confrontational experience is today sounding increasingly skeptical of the arguments for UBB by many commissioners.

We’ll have audio archives of the hearings available here when they are published online.  They help build the record of carrier arguments for UBB, independent findings which call out those arguments, and the opposition to UBB and why flat rate broadband is important to the knowledge-based economy of North America.

There will be hurdles to overcome, starting with confronting the attitudes of commissioners like Mr. Pentefountas, who evidently does not understand the implications of a few corporate entities controlling Canada’s Internet.

Follow live coverage of the CRTC hearings here.