Walt Mossberg (left) discusses the current state of American broadband with FCC Chairman Julius Genachowski (right)

FCC Chairman Julius Genachowki told attendees at the D: All Things Digital conference America scores dead last in a study measuring the rate of change in broadband innovation.  American broadband is stuck in neutral while every other ranked nation is moving forward faster in understanding the importance of deploying fast, reliable, and universal broadband.  Genachowski directly ties broadband to improving local economies, propelling growth in jobs, and improving education and health care.

Unfortunately the American duopoly most Americans cope with maintains a stranglehold on efforts to bring America literally up to speed with competing nations.  Worse, there is no end in sight as long as America relies entirely on incumbent providers to get the job done.

Americans pay some of the highest prices in the world for mediocre broadband, and it’s only getting worse with the introduction of usage limiting schemes like data caps and so-called consumption billing.

Genachowski is attempting to facilitate improved broadband across the United States, but is hampered by private industry undermining the FCC’s authority to help push improvements forward.  Recent industry-driven court challenges to the FCC’s authority have led to the agency seeking a different path to regain its regulatory footing.

The FCC chairman sees the biggest challenges coming in wireless broadband, where a spectrum shortage is limiting potential capacity and available bandwidth.  Genachowski seeks an accommodation with the nation’s television stations to relinquish UHF spectrum where possible to bolster wireless networks.

Conference host Walt Mossberg challenged Genachowski on why more isn’t getting done and why accepting the current state of the marketplace is acceptable.  He also criticized providers for charging high prices for slow service and attacked Comcast for its set top box, claiming if there was an open market for these things, no one would buy it, that it would be the worst thing on the shelf.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/All Things Digital Genachowski 6-2-10.flv[/flv]

Excerpts from FCC Chairman Julius Genachowski’s visit with Walt Mossberg at the June 2nd D: All Things Digital conference.  (6 minutes)

Apple's iPhone 4

As expected, Steve Jobs introduced America to the new Apple iPhone 4 today at Apple’s Worldwide Developer Conference in San Francisco.  Karl Bode at Broadband Reports did a great summary on what’s new, so I won’t reinvent the wheel:

As everyone had expected, Apple just announced the long-awaited iPhone 4. According to his Jobsness, the phone is 24% thinner than the iPhone 3GS and as expected has a more powerful primary 5MP camera with flash — and a new camera on the front that will be used primarily for video chat. The phone’s stainless steel frame (sandwiched by glass) is being partially used as an antenna, something that may prove helpful for connectivity issues.

Other specs: Dual mics, 802.11n WiFi, GPS, compass, accelerometer, Quad band HSDPA (7.2Mbps), gyroscope (perfect for gaming, insists Jobs). The company says they’ve also improved the device’s battery. It can now handle 7 hours of 3G talk, 6 hours of 3G browsing, 10 hours of Wi-Fi browsing, 10 hours of video, or 40 hours of music. The phone also records HD video (720p at 30fps, insists Steve), and the new flash will stay on during video recording.

Amusingly, Apple ran into network connectivity issues while trying to demonstrate the phone’s higher resolution screen (join the club, Jobs). According to Apple, the phone comes in white or black, with the 16GB version costing $199 and the 32GB version costing $299. The phone will be available on June 24, with pre-orders beginning on June 15.

Karl also notes, as others have confirmed with us, AT&T is so eager to get this new phone into your hands (along with a new two-year contract), they are waiving the usual two-year waiting period before customers can upgrade their phones.  If your contract expires anytime this year, you can obtain the phone at the subsidized price.

But should you?

For many, the iPhone 4 will represent an incremental upgrade, especially if you aren’t a power user.  In this economy, is it worth $200-300 for a new phone and a new service commitment?

The upgrade for current customers, who can keep their unlimited data plan, may make sense -if- you receive tolerable service from AT&T and feel the latest phone would directly benefit you.  You should consider, however, that signing a new contract will lock you into another two year marriage with the company that drove more Americans crazy with bad service, dropped calls, slow data, and irritating customer service than any other.  A divorce will cost you up to $325 per phone. Their 3G coverage isn’t all that, either.

It also gives the company that loves to cap more of your money.

Unfortunately, waiting for the iPhone to arrive at Verizon Wireless is increasingly less likely to be a panacea for AT&T’s Internet Overchargitis.  That’s because AT&T and Verizon are the Mary Had a Little Lamb of big telecom:

Everywhere that AT&T went,
AT&T went, AT&T went,
Everywhere that AT&T went
Verizon was sure to go.

It’s a safe bet that by the time Verizon brings forth the coveted iPhone, it will have an Internet Overcharging scheme matching AT&T’s.

If you are seeking to upgrade to a smartphone, it’s increasingly likely you’ll find a better deal with Sprint or T-Mobile, both of which have no plans for AT&T’s pricing schemes.

The best way to get a company like Verizon or AT&T to pay attention is to avoid their products when they charge too much.  A dramatic reduction in demand for AT&T’s iPhone among new customers, for example, would send a clear message to Wall Street that their love of usage caps is hurting shareholder value in a big way.  They follow the money.  If existing customers hang on to their $30 unlimited plans while other customers head elsewhere to avoid AT&T’s Internet rationing, you’ll see an overnight conversion among many industry players suddenly demanding a return to the unlimited buffet.

Or better yet, how about giving every customer a choice of both types of plans — pay less for limited service or pay today’s prices for unlimited.

[flv width=”636″ height=”380″]http://www.phillipdampier.com/video/Apple – iPhone 4 6-2010.mp4[/flv]

Apple proclaims the arrival of iPhone 4, calling it a revolutionary upgrade.  Apple released this video showcasing iPhone 4’s video capabilities that AT&T has now effectively hobbled with a wireless Internet rationing plan that punishes customers who try to use the phone’s new features.  (6 minutes)

AT&T’s hurry to end unlimited wireless data plans for its customers, many of which are using popular Apple iPhone and iPad devices, signals AT&T’s overburdened network can no longer handle customer demand.  With the threat of even higher data usage from today’s release of the next generation iPhone, which will highlight bandwidth-intensive video conferencing and streaming, AT&T put the brakes on before new customers even activate their new phone.

With a penalization program in place, AT&T is sending a message to customers contemplating owning the newest generation of smartphones that its network is in no position to actually provide service to those devices, particularly bandwidth-heavy video streaming.

Customers who dare use these video streaming services face the prospect of paying an overlimit fee up to $15 for just 200 megabytes of data.  That’s a compelling reason to think twice about every high bandwidth application. And that may be exactly the point for a network that suffers from congestion problems in several major American cities.

AT&T has consistently ranked at the bottom of consumer surveys done by credible organizations like Consumer Reports, typically because of network capacity issues.  Yet the carrier also charges, on average, the highest out-the-door price among the four major carriers — an average of $134 a month for a two-phone plan with a data package.  That’s $20 higher than either T-Mobile or Sprint, eight dollars more than Verizon Wireless.

Ranked rock-bottom for voice quality, downright lousy for customer service, and only average for its other services, AT&T has simply not kept up.  Yet AT&T raked in more than 13 billion dollars in profits in wireless last year.  The New York Times reports AT&T has at least 33 million smartphone customers, many committed to AT&T’s required $30 data plan.  That represents more than $900 million dollars per month in revenue — $10.8 billion dollars annually, and that’s for data services alone.

Yet the percentage of the company’s investments committed to expanding its network, measured under AT&T’s 2009 annual financial report, has not kept up with its enormous iPhone customer base, on AT&T’s network since 2007.

Source: AT&T's 2009 Annual Report -- AT&T's capital investments in its network and service don't keep up with the enormous increase in its Apple iPhone customer base introduced to AT&T service. Last year showed a dramatic reduction in investment when compared with 2008. AT&T is not exactly plowing all of its wireless profits back into its wireless business.

According to TownHall Investment Research, between January 2006 and September 2009, AT&T spent about $21.6 billion, or $308 per subscriber, on its wireless network. During that same period, Verizon Wireless spent about $25.4 billion, or nearly $353 per subscriber.  Verizon has outspent AT&T each of the past three years on service upgrades without the revenue benefits a stampede of iPhone-owning customers brings.  That gap has now grown into a nearly $4 billion dollars difference between the two providers in infrastructure upgrades.

“This is the story of a wireless carrier that is determined not to invest enough to meet the demand of users, but has decided to manage its network as a scarce resource,” says Chris Riley, policy counsel for Free Press. “This is what Wall Street loves: Reduce your expenditures and increase your revenues.”

In a barely competitive wireless marketplace, AT&T can afford to force customers to pay dramatically higher data costs in the months and years ahead, especially for iPhone customers who must use AT&T if they want a subsidized phone.  Even if a customer leaves, AT&T will earn up to $325 in cancellation penalties.

That iPhone exclusivity agreement with Apple has been an unlimited goldmine for AT&T. AT&T’s wireless business drives AT&T’s overall profitability, generating 57 percent of its operating income according to Gerard Hallaren, director of research at TownHall.

Time Warner Cable CEO Glenn Britt told Wall Street the company is backing AT&T’s decision to cease unlimited access to its wireless data services.

“In most businesses when usage goes up, that’s a good thing because people pay more,” Glenn Britt, Time Warner Cable’s chief executive officer, said at a Sanford C. Bernstein Wall Street investor conference Friday in New York. “It’s going to get the industry better aligned with consumer behavior.”

But Britt also said AT&T’s decision was “more sensible than when we did it,” referring to the company’s April 2009 aborted experiment to charge customers up to three times as much for broadband service with a consumption billing scheme that got a hostile response from consumers.

Britt was speaking about the network capacity constraints that wireless data networks have that do not compare with the much wider pipeline available to wired provides like Time Warner Cable.  Britt cited AT&T’s still-exclusive iPhone as being the single most significant factor in AT&T’s decision.

Britt told Business Week that “at the time” consumption “pricing was needed to maintain the expense and expansion of the network.”

But consumer advocates suggested the company targeted its overcharging experiment in cities where customers didn’t have strong competitive alternatives.  That was particularly the case in Rochester, N.Y. and Greensboro, N.C., where alternative broadband meant significantly slower telephone company DSL service.  In the case of Rochester, that service included a monthly 5GB usage allowance in Frontier Communications’ Acceptable Use Policy.

Without equivalent competing alternatives, broadband consumers would be trapped in a broadband backwater with significantly worse service than neighboring cities.

Despite Britt’s acknowledgment that his company backed off because of strong consumer opposition, he’s still willing to talk about bringing the overcharging scheme back, telling Business Week, “Exactly how it works and what the PR around it will be is something we can talk about.”

[Note: We will have some audio up soon. — Editor]

AT&T’s days of unlimited wireless data plans for smartphone customers officially end June 7th when the company launches new wireless data plans that all come with usage caps attached:

• DataPlus $15 a month and limited to 200 megabytes  of data.  If you exceed it, your overlimit penalty is $15, good for an additional 200 megabytes.
• DataPro $25 a month gets you just 2 gigabytes of data.  The overlimit penalty for those exceeding it is $10 which buys an additional 1 gigabyte of usage.

AT&T Smartphone customers will also be able to add tethering under the $25 DataPro plan for an extra $20 per month, with DataPro’s usage allowance applied.

Current AT&T customers can remain on their current unlimited Smartphone data plan indefinitely, even if they change or upgrade phones according to AT&T spokesman Mark Siegel.  That concession probably helps AT&T preserve anticipated demand for next week’s new iPhone launch.  Without it, customer demand could be tempered by the realization a phone upgrade could cost you your $29.99 unlimited usage plan.  If you were considering getting an AT&T phone with unlimited data, you have until June 6th to sign up for service under that plan.  After that date, you’re out of luck indefinitely.

AT&T is promoting the end of unlimited wireless broadband as a benefit to customers, claiming that 98 percent of its Smartphone customers use on average less than 2GB of data per month.  But that represents today’s usage.  AT&T’s decision to eliminate an unlimited option they claim 98 percent of their customers never exceeded would be curious without understanding the next generation of Smartphones will provide dramatic improvements in high bandwidth video streaming that will dramatically start eating into those low usage allowances.  The company’s next generation of faster wireless broadband will also include low limit plans, which makes them untenable as a home broadband replacement for all but the most casual users.

For new iPad customers, the $25 per month 2 GB plan will replace the existing $29.99 unlimited plan. iPad customers will continue to pre-pay for their wireless data plan and no contract is required. Existing iPad customers who have the $29.99 per month unlimited plan can keep that plan or switch to the new $25 per month plan with 2 GB of data.

AT&T offers up the common practice of boasting about how much you can do with a usage-limited account, based on the thousands of e-mails you'll never send, the 500 pictures you'll never take, or the 20 - one minute YouTube clips you'll never watch. Notice they never seem to include figures for streaming multimedia applications like music, movies, and TV shows or playing more bandwidth-intensive games. To do so would only upset customers further.

AT&T says customers can continue to use unlimited amounts of data when they access it over the company’s Wi-Fi network hotspots.

Wall Street is happy with AT&T’s elimination of unlimited plans, sensing higher profits and reduced costs will follow.

“The new plans appear well designed to reduce undue network stresses,” Craig Moffett, an analyst at Sanford C. Bernstein told The Wall Street Journal.

Analyst Philip Cusick at Macquarie Securities also told the Journal AT&T may see lower growth in data revenue in the short term as a result of the new changes, but will gain leverage over the heaviest data users, improving its ability to manage its network and charge for capacity. Tiered plans may also pull more customers into data plans, he said.

But because current customers can choose to remain on the grandfathered unlimited plan, existing heavy data users accused of chewing up AT&T’s wireless network can continue to do so as long as they remain customers.  AT&T will only be capping future customers who sign up on or after June 7th.

For those outraged by AT&T’s decision, fleeing to Verizon Wireless for unlimited data may not be an option for too much longer either.

Verizon Wireless Chief Executive Lowell McAdam indicated in an interview with the Journal last month that he, too, is looking at pricing based on use.

“The old model of one price plan per device is going to fall away,” McAdam told the newspaper, adding that he expects carriers to take an approach that targets a “bucket of megabytes.”

One company that doesn’t plan to end an all-you-can-eat wireless data buffet is Sprint, which now sees its unlimited data plan as a potential marketing asset.

A Sprint spokesperson spoke the words you were already thinking:

“We’re giving customers a better value. With data usage growing, customers don’t want to worry about going over their limits.”

Some customers upset that AT&T only sold an unlimited plan welcomed the lower cost options because they didn’t spend a lot of time using the data features of their phones, but several wondered why the company didn’t simply introduce lower cost options -and- leave the unlimited plan in place for those who wanted it.

Overall, AT&T is getting an earful from angry customers over the announcement — even those who don’t exceed 2GB per month.  They sense greed and overcharging.   A sampling:

If 3% are using data “a lot” now, then in another two years, it’ll be 15% and then 60%. Simply put, this is gouging customers, where pricing is decided by dudes in a board room looking at charts and graphs and sales numbers, figuring out how to gouge people for maximum profit.

Obviously AT&T is killing the unlimited plan to cut down on usage and to raise their profits. I also believe it is heavy handed to eliminate the unlimited access plan. If anything, offer other plans and raise the price of the unlimited plan. It will be interesting to see of the other players follow suit and also kill their unlimited plans (can you say “price fixing”? Sure you can!).

AT&T is always full of good ideas, like that Microcell thing. Hey, we can’t give you good service you paid for, so we are going to ask you for more money for this piece of equipment to supplement the service you are not getting.

Just another greedy ploy to make more money. They are selling air. The charges are ridiculous and this is one industry that should be under government control.

My spouse and I pay half of what AT&T would charge us for excellent Palm smartphones on Sprint. We also get turn-by-turn GPS included–something AT&T AND Verizon both charge extra for. Sprint’s network is top-notch. I can’t fathom why people continue to waste money on Verizon and AT&T.

If you’ve got a smartphone or you tether your computer, you really have no idea how much bandwidth your device is consuming. Even worse (or better if you are the phone company) customers can’t control the bandwidth that their devices consume. How often does your email client check for new messages? Can you even stop your computer from downloading a security update? What about that last application you installed, can you stop it from calling home every time you launch it? Do you even know that it does track and report your usage? That’s a huge difference between phone services and data services. You KNOW when you’ve dialed a number and talked for 10 minutes. You can’t control all the data consuming applications and services on your devices… and trying to bill customers for something that they can’t control the usage or cost must be illegal. Surely someone will address this problem soon. Surely.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/CNN ATT Goodbye to unlimited data 6-2-10.flv[/flv]

CNN Money reports on AT&T saying goodbye to unlimited data plans for iPhones and iPads.  (1 minute)