Wireless Internet Service Providers (WISPs) are incensed about efforts by CenturyLink to win waivers from the Federal Communications Commission’s Connect America rural broadband funding program that could leave WISPs facing new competition from CenturyLink made possible by surcharges paid by phone customers nationwide.

At issue is a filing from CenturyLink before the FCC that would allow the phone company to “change the rules,” according to critics. One of CenturyLink’s most prominent arguments is that WISPs have data caps that inconvenience customers. But CenturyLink buries the fact it has usage caps of its own in a footnote.

“The waiver application we filed … would allow CenturyLink to spend tens of millions of dollars to bring more broadband services to more rural and high-cost customers who do not have reasonable access to broadband service today,” CenturyLink said in a media release. “These funds would be provided by the FCC’s Connect America Fund, as well as additional investment dollars would be provided by CenturyLink. If the waiver application is approved, CenturyLink will build needed broadband services to thousands of homes in Arizona, Colorado, Washington, Oregon and several other states.”

CenturyLink claims WISPs charge considerably more for service, suffer from line-of-sight restrictions which could leave many rural customers without service, have limited spectrum which keeps broadband speeds to a bare minimum and often forces customers to endure stringent data usage caps.

The waiver request would allow CenturyLink to receive and use federal Connect America funds to deploy its DSL service to rural customers already served by WISPs if two conditions are met:

• The state where CenturyLink would spend the money has not independently verified the coverage area of the wireless ISP and objective data opens the door to an argument that a WISP cannot adequately service areas where they claim coverage;
• The WISP imposes unusually high prices ($720/yr or more) or severe usage caps (25GB per month or less).

Chuck Siefert, CEO of the Montana Internet Corporation (MIC), a WISP, argues CenturyLink has no case, and is attempting to modify the rules to accomplish its own objectives rather than adhering to the original goals of the program — to deliver broadband to the rural unserved:

CenturyLink is simply raising an old protest in a new venue. Having been designated as eligible for almost ninety million dollars of the Connect America Program (CAP), it wishes to have the opportunity to use more than a third of that as it chooses, rather than as the Commission designated after input and analysis from all parties. The Rubicon has been crossed with respect to this issue: unserved areas are those that are not served by fixed wireless providers.  Regardless of CenturyLink’s opinion of the quality of service provided, these areas have been deemed served by the Commission and CAP incremental support may not be used to build out broadband in these areas. CenturyLink is certainly capable of using other funding to build out in these areas; the Commission has not precluded that.

CenturyLink’s complaints that WISPs often come with data usage caps is ironic because CenturyLink is now imposing usage caps on its own broadband service. CenturyLink argues data caps expose the limitations inherent in wireless broadband in their filing with the FCC:

Satellite broadband also often comes encumbered with restrictive data caps. The same is true of many of the WISPs subject to this waiver request. They impose on their users highly restrictive data caps of less than 25 GB per month. Indeed, two of the WISPs impose a cap of just 5 GB per month.

It is no surprise that these WISPs would impose such unusually low caps; like satellite providers, they must ration out their highly constrained capacity among the various end users who compete for it. WISP broadband capacity—unlike the customer-specific links in DSL-based broadband—is shared by all customers within a given wireless cell or sector.

This means that the more customers a WISP persuades to sign up, the worse the average service quality gets for all customers unless the WISP sharply limits how much customers may consume.

That imperative may be an unavoidable consequence of the WISPs’ technology, but it further underscores the need to give the affected consumers a robust broadband alternative.

Siefert claims CenturyLink’s assertions about the quality of its DSL service, pricing, and performance simply fall short of the truth, and MIC does better by its customers.

Pricing

CenturyLink charges a $134.89 non-recurring charge plus $29.99/mo for “up to 1.5Mbps” DSL service, plus “up to” $99.95 for professional installation. CenturyLink’s DSL modem costs $99 and has a one-year warranty.

Siefert claims MIC charges $30/mo for “bursting speeds up to 10Mbps” and $250 for technician installation, but the company offers regular installation promotions that cost $99. MIC warrants its equipment for the life of the service and charges no fee for service calls as long as the customer is current on their bill.

But Stop the Cap! found speeds and pricing less advantageous than Siefert might have the FCC believe. For instance, MIC’s $30 tier only guarantees 384kbps with speed “bursts” up to 10Mbps. Getting committed 2Mbps service runs $55 a month with the same “bursting” speed of 10Mbps. We also found CenturyLink willing to negotiate installation charges, and the company frequently discounts or even waives them if a customer signs up for a multi-service package.

Data Caps

CenturyLink now imposes a 150GB usage cap on customers with 1.5Mbps service or slower, 250GB for customers at higher speeds.

MIC claims it does not even monitor individual customer usage. Siefert says data use limitations are found in the terms and conditions of its service and are imposed only when a customer creates a problem for other users on the network.

“Rather than strictly applying data caps, MIC’s policy is to contact its customers and explain the impact their usage has on other customers,” Siefert explains. “As a small provider in a local community, MIC is able to do this in a way that a carrier like CenturyLink cannot. CenturyLink’s representations regarding transfer caps imply that WISPs arbitrarily and automatically shut a customer down once the cap is reached. This assertion is not based on evidence and is not an accurate statement of MIC’s approach to the caps. CenturyLink’s argument that WISPs operate like satellite and therefore WISPs service areas should be categorized as unserved areas based on how transfer caps are used fails.”

Stop the Cap! found different information on MIC’s website, however, including a 20GB monthly data cap and a $15/GB overage charge. Siefert’s submission to the FCC may suggest the published cap is a guideline more than a rule.

Performance

CenturyLink still uses T1-level circuits (1.5Mbps) to connect at least some of their remote D-SLAMs, according to Siefert, which helps the phone company extend DSL service to homes and businesses far away from the company’s central office. The net result is that customers fight for the bandwidth on an insufficient backhaul, which dramatically reduces speeds during peak usage times. In Helena, Montana CenturyLink “daisy-chains” D-SLAMs to support customers over a single T3 line, creating latency problems, packet loss, and further reductions in speed and performance.

MIC is capable of providing a total of 252Mbps per distribution site. The incoming next generation of wireless technology will increase that to 1.4Gbps. Additional distribution sites can divide the traffic load similar to how new cell towers can reduce demand on other nearby towers.

Speeds

CenturyLink sells speeds “up to” a certain level without guaranteeing customers will actually get the speed they are paying to receive. Siefert says CenturyLink customers in Montana currently can manage up to 7Mbps in some areas.

MIC says it can commit to its customers they can receive 10-40Mbps (and 80Mbps by the end of 2012) over its wireless network.

Independent Netindex.com suggests MIC does offers faster service on average than CenturyLink provides in Montana:

• Montana (statewide average): MIC 5.04Mbps vs. CenturyLink 3.8Mbps
• Helena: MIC 5.08Mbps vs. CenturyLink 2.73Mbps

The Wireless Internet Service Provider Association says their members are not eligible for federal Connect America subsidies, and most wireless providers are privately financed operations built with the support of their rural customers.

Said Richard Harnish, WISPA’s executive director, “We find it hard to believe that a company like CenturyLink that gets millions of dollars in federal support now wants more free money to overbuild unsubsidized rural broadband networks that WISPs already successfully operate. To do this, CenturyLink has attempted to discredit the taxpayer-funded National Broadband Map and invent its own standards in an effort to show that they should receive more than $30 million in additional subsidies.  Our strong opposition reflects WISPA’s view that CenturyLink’s arguments are factually and technically flawed.  We thank the other associations, state agencies and WISPs that support our views.”

AT&T loves corporate free speech rights, the same ones it is using to deny customers access to Google’s Play Movies service.

With wireless Net Neutrality rendered largely ineffective with the help of AT&T and Verizon Wireless’ extensive lobbying and legal threats, AT&T has leveraged its right to govern its own network by deciding to block its wireless customers from watching Google Play Store’s streaming movie service over its 3G and 4G networks. This block is enforced even though AT&T already throttles heavy “unlimited” users and charges others more for using more data.

Geek.com was the first to discover AT&T’s curious dislike of Google Play Movies, while leaving other streaming services like Netflix, HBO Go, YouTube, and others alone (for now):

Instead of The Anchorman […] I was greeted with an error message telling me that I was not allowed to stream this movie over the mobile network. Assuming it was just an error, I tried again and got the same message. After a few minutes of playing with settings, it became clear that I was not going to be able to watch this movie without WiFi.

Yes, it seems that AT&T has removed the ability to watch Google Play Movie files over their 3G and LTE networks. This only happens with Google Play Movies, and only on AT&T. […] Curiously enough, you can download or “pin” a Google Play Movie over 3G and LTE and the only warning you get is one from Google explaining that you might incur data costs.

AT&T and Verizon have both declared Net Neutrality violates their free speech rights as corporate citizens — rights further expanded with the Supreme Court’s “Citizens United” decision.

When Federal Communications Commission chairman Julius Genachowski sought to introduce mild Net Neutrality protections for the Internet, both companies threatened to sue (Verizon has a case pending) and conservative commentators launched into tirades about “an Obama takeover of the Internet.”

RUSH LIMBAUGH: Today the FCC approved a proposal by chairman Julius Genachowski to give the FCC power to prevent broadband providers from selectively blocking web traffic. And that’s just a ruse. Net Neutrality is not what this is really all about. This is about the feds wanting to control the Internet just as they control the public airwaves. They want to be able to determine who gets to say what, where, how often — they want to be able to determine what search services are providing what answers to your queries. It’s total government control of the Internet, and the regime has just awarded it to itself.

It’s another gleaming aspect of free speech, free market, private industry Obama has decided to take over as a Christmas present to himself and the Democrat National Committee and to Mr. Soros. He’s even beaten Hugo Chavez to the punch. Chavez is just talking about taking over the Internet in Venezuela; Obama has got it done.

Geek.com doesn’t think the Obama Administration is blocking Google Play over AT&T — AT&T is. They just cannot understand the reasoning why:

I can’t imagine any real world justification for this behavior. If you pay your carrier for an internet connection to your phone, should the provider really be allowed to control how you use that connection? What’s more is that this happened over AT&T’s high speed and mostly empty LTE network. I can easily create a wireless hotspot on this same phone and stream a video from the Nexus 7, using the exact same data connection to accomplish the exact same task. This move is confusing at best, and AT&T is going to quickly alienate customers eager to take advantage of their brand new LTE devices as they receive them.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Corporateland.flv[/flv]

Mark Fiore channels Disney-sentimentality schtick on a whole new level with his take on AT&T’s Pinocchio-CorporateLand dream come true: the right to be human. (1 minute)

Public Knowledge, a public interest, pro-consumer group, has filed a petition calling on the Federal Communications Commission to enforce conditions imposed on the Comcast/NBC-Universal merger dealing with Comcast’s usage caps policy.

The group wants the FCC to investigate the legality of Comcast’s decision to exempt its own online video service from the usage caps Comcast is reintroducing on its broadband customers:

In evaluating the merger, both the FCC and the Department of Justice recognized that a combined Comcast/NBC-Universal would have an enhanced motive to discriminate against unaffiliated online video services that might compete with Comcast’s pay-TV cable service.  Because Comcast controls their subscribers’ connection to the internet, and subscribers could use that very connection to access video services  not controlled by Comcast, Comcast has the ability to manipulate those internet connections in a way that would disadvantage video competitors.

Specifically, Public Knowledge accuses Comcast of violating FCC condition G.1.a.:

“Neither Comcast nor C-NBCU shall engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or prevent any MVPD or OVD from providing Video Programming online to subscribers or customers.”

The group argues that unfairly applied usage caps impact Comcast’s online video competitors. Customers will choose the service that does not eat away at their monthly broadband usage allowance, making competitors operate on an unfair playing ground.

The group has raised questions about the industry’s movement towards Internet Overcharging schemes like usage caps and speed throttles and has repeatedly requested the FCC question how data allowance levels are developed, evaluated, and evolve over time.

Normally, telephone companies looking for a rate increase file a request themselves with state regulators to charge customers more for service. But in Georgia, AT&T, Comcast, and the state cable lobbying group are asking the Georgia Public Service Commission (GPSC) to order two rural phone companies to raise rates because they are not “charging enough” for phone service, when compared with cable telephone services and AT&T.

The Ringgold Telephone Company (RTC) and Chickamauga Telephone Company both argue the action is anti-competitive.

“By forcing [both companies] to increase rates, these competitors are seeking to make wireless and cable companies more attractive to consumers,” says the Don’t Raise My Rate website.

The independent phone companies are vehemently against raising their rates, and executives at both companies are outraged AT&T and the state’s cable companies are literally trying to force the GPSC to order rate increases on residential and business customers.

“It’s totally unprecedented,” Phil Erli, executive vice president at RTC told the Times Free Press.  “It is ludicrous and illogical.”

The Georgia Public Service Commission will decide on Oct. 16 whether the rate increases are justified, following local public hearings Aug. 13.

AT&T, which is driving the campaign to force customers to pay higher rates, says they are pressing the case because both companies unfairly charge substantially lower rates than AT&T does in Georgia.

Peter F. Martin, vice president for legislative and regulatory affairs in Georgia openly admits he wants both companies to charge essentially the same prices AT&T bills its customers in other areas of the state.

“The premise of my recommendation is that [the two phone companies] raise rates to roughly the same levels that are being charged by other local exchange carriers in surrounding areas,” Martin testified before the GPSC. “In other words, my recommendation is that [the two phone companies] increase their own end-user rates to market-based levels comparable to what other carriers are charging their subscribers.”

For customers of Chickamauga Telephone, that would amount to a 42% rate increase on residential customers, 100% on business customers. Customers of RTC would pay 20 percent more for residential service, 37% more for business service.

AT&T claims both companies, in deeply rural Georgia, are tapping into the state’s rural service fund and are receiving some of the largest state-mandated telecom subsidies, which are funded by all of Georgia’s phone companies and ratepayers. But both companies claim they have spent a large portion of those funds repairing damages to their rural networks incurred from a series of tornadoes which hit the area two years in a row.

The state cable lobbying group, the Cable Television Association of Georgia (CTAG) also has a dog in this fight. Comcast Cable, the dominant provider in Georgia, directly competes with both phone companies. They support AT&T’s demands that both phone companies hike their rates. It is not difficult to understand why:

Residential Service With Calling Features:

Business Service With Calling Features:

(EPB, a publicly-owned provider from nearby Chattanooga, Tenn., also offers service in some areas.)

Chickamauga Telephone executives argue Georgia’s telephone deregulation policies are heavily weighted in favor of huge phone and cable companies and leave independent, rural phone companies with no new revenue opportunities. Chickamauga argues AT&T and the cable industry are using legislatively imposed “unfunded mandates” to win favor and additional profits for themselves and their shareholders, with no resulting savings for Georgia ratepayers, especially in rural areas.

If AT&T and cable operators have their way, both independent phone companies “would be priced out of the competitive market,” and “would soon find [themselves] out of business.”

“If you lived down here and you had a phone with us and your rates went up, how would you respond?” asked Ted Austin, a spokesman for Chickamauga Telephone. “Nobody wants their bills to go up, especially when it’s not something that Chickamauga Telephone is asking for.”

ALEC Rock exposes the truth about how many of today’s bills are actually written and passed into law with the help of a shadowy, corporate-backed group known as the “American Legislative Exchange Council” (ALEC). Counted among its members are: AT&T, CenturyLink, Charter Communications, Comcast, FairPoint Communications, Sprint, Time Warner Cable, and Verizon. ALEC works on elected members of state legislatures to deregulate phone and cable service, eliminate consumer protection/oversight laws, ban publicly-owned broadband networks, and let phone companies walk away from providing rural phone service at will.  (2 minutes)