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House GOP Tries to Ban FCC’s Net Neutrality Enforcement; Rider Would Prohibit Oversight of Data Caps

sneakHouse Republicans are hoping a back door legislative maneuver will successfully block the Federal Communications Commission from enforcing Net Neutrality and regulating or banning data caps.

The GOP is fighting to deliver a death-blow against Net Neutrality in a rider attached to an important financial services appropriations bill. If adopted, this single sentence would effectively kill Net Neutrality enforcement and allow providers to adopt data caps and usage-based billing without any regulatory oversight from the FCC:

None of the funds made available by this Act may be used to regulate, directly or indirectly, the prices, other fees, or data caps and allowances (as such terms are described in paragraph 164 of the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open Internet, adopted by the Federal Communications Commission on February 26, 2015.

The rider, in effect, makes it illegal for the FCC to protect customers upset about usage-capped Internet. It would also prevent the FCC from intervening if a provider wrongly charged overlimit fees to customers.

The spending measure is being fast-tracked through Congress and is considered a “must-pass” bill, with or without any attached riders. If legislators do not pass the omnibus measure by Dec. 11, it could result in another government shutdown.

The tactic is part of a broader move by several House Republicans to curtail the FCC’s oversight authority by threatening to dramatically cut the agency’s budget.

The anti-Net Neutrality rider has not gotten a lot of attention over the Thanksgiving holiday and was overshadowed by two other priorities of House Republicans that are getting more press attention: making it more difficult for Syrian and Iraqi refugees to resettle in the United States and a measure to strip federal funding for routine medical services performed by Planned Parenthood.

Rep. Barbara Lee (D-Calif.), a member of the House Appropriations Committee, released a statement condemning the Republicans for their “extreme agenda,” using procedural tricks to override the FCC and steamroll over nearly four million Americans that wrote the agency demanding Net Neutrality.

The Republican rider would effectively give a green light to Comcast to move forward with nationwide data caps, no longer fearing a potential FCC investigation that could eventually lead to a prohibition of compulsory usage-based billing.

Stop the Cap! urges all of our readers to visit this Free Press campaign page to get the phone number of their local representative and take five minutes to let them know you “vehemently oppose Net Neutrality riders being placed in a must-pass government-funding bill.” Tell your congressman you want the FCC’s authority left intact and you support their oversight of broadband. That is literally all you need to say.

Regulators Want to Know Why Vidéotron Has Room for Unlimited Data for Some Apps, Not Others

Phillip Dampier December 1, 2015 Broadband "Shortage", Canada, Competition, Consumer News, Data Caps, Net Neutrality, Public Policy & Gov't, Vidéotron, Wireless Broadband Comments Off on Regulators Want to Know Why Vidéotron Has Room for Unlimited Data for Some Apps, Not Others

videotron mobileThe Canadian Radio-television and Telecommunications Commission is asking some hard questions of Quebec-based mobile provider Vidéotron, which began zero-rating preferred partner music streaming services last summer that allow customers to stream all the music they want without it counting against their data cap.

The CRTC is examining whether the practice violates Canada’s Net Neutrality policies, which insist all content be treated equally.

“If, as Vidéotron has stated, congestion is manageable and there is no meaningful risk of service degradation as a result of offering Unlimited Music service, explain why Vidéotron did not either increase or eliminate data usage caps for your broader customer base instead of zero-rating certain applications or services,” the CRTC has asked.

Unlimited Music allows customers to stream Spotify, Google Play Music, Deezer and Canadian-owned Stingray Music without it counting against a customer’s allowance. Other streaming services do count, potentially putting them at a competitive disadvantage.

videotron_coul_anglais_webObservers say zero-rating enhances a customer’s perception that data has a measurable financial value, often arbitrarily assigned by competitors in a marketplace. If providers charge an average of $10 per gigabyte, customers will gradually accept that as the base value for wireless data, despite the fact many providers used to sell unlimited data plans for around $30. Zero rating content can be used in marketing campaigns to suggest customers are getting added value when a provider turns off the usage meter while using those services. Stream 3GB of music and a provider can claim that has a value of $30, but provided to you at “no charge.”

In the United States, most providers generally offer “bonus data” allowances in promotions instead of focusing on individual services. But T-Mobile goes a step further, also offering Music Freedom, a zero-rated music streaming service of its own.

Consumer reaction to the services are mixed. If a customer is a current subscriber to the preferred content, they often perceive a benefit from the free streaming. But customers looking to use a service not on the list may consider such plans unfair.

The CRTC will be awaiting Vidéotron’s formal answer.

Comcast Launches Online Video Service It Exempts from Its Own Data Caps

xfinitylogoComcast is inviting controversy launching a new live streaming TV service targeting cord-cutters while exempting it from its own data caps.

Comcast’s Stream TV is comparable to Comcast’s Limited Basic lineup, only instead of using a set-top box, Stream TV delivers online video over the Internet to Comcast’s broadband customers in Massachusetts, New Hampshire, Maine and the Greater Chicago area. For $15 a month, Stream TV offers a large package of local over the air stations, broadcast networks, and HBO, along with thousands of on-demand titles and cloud DVR storage. In Boston, the lineup includes:

WGBH (PBS), HSN. WBZ (CBS), NECN, WHDH (NBC), Community Programming, BNN-Public Access, WWDP-Evine Live, WLVI (CW), WSBK (MyTV), WGBX (PBS), WBIN (Ind.), WBPX (Ion), WMFP (Ind.), The Municipal Channel, Government Access, WFXT (FOX), WCEA (MasTV), WUNI (Univision), EWTN, C-SPAN, CatholicTV, POP, QVC, WYDN (Daystar), WUTF (UniMas), WNEU (Telemundo), Jewelry TV, XFINITY Latino, WGBH World, WGBH Kids, Trinity Broadcasting Network, WGBH Create, Leased Access, WBIN-Antenna TV, WBIN-GRIT TV, WNEU-Exitos, WLVI-BUZZR, WCVB (Me-TV), WFXT-MOVIES!, WHDH-This TV, WFXZ-CA, WUNI-LATV, WFXZ (Mundo Fox), WBZ-Decades, and WFXT-Laff TV + HBO. The package also qualifies the customer as an authenticated cable TV subscriber, making them eligible to view TV Everywhere services from many cable networks.

stream tv

Comcast is offering the first month of Stream TV for free with no commitment to its broadband customers subscribed to at least XFINITY Performance Internet (or above). Up to two simultaneous streams are allowed per account and some channels may not be available for viewing outside of the home. Comcast claims it will expand Stream TV to Comcast customers nationwide in 2016. Comcast will not be selling the service to customers of other cable or phone companies, limiting its potential competitive impact.

Competitors like Sling TV offer their own alternatives to bloated cable TV subscriptions at a similar lower price, and they will sell to anyone with a broadband connection. Sling alone is partly responsible for Comcast’s loss of hundreds of thousands of cable TV customers who don’t want to pay for hundreds of channels many never watch. That Comcast might want to launch its own alternative online video package to retain customers is not a surprise. But Comcast’s decision to exempt Stream TV from the company’s data caps while leaving them in place for competitors is sure to spark a firestorm of controversy.

comcast_remoteComcast claims it is reasonable to exempt Stream TV from its 300GB data cap being tested in a growing number of markets.

“Stream TV is a cable streaming service delivered over Comcast’s cable system, not over the Internet,” wrote Comcast in its FAQ. “Therefore, Stream TV data usage will not be counted towards your Xfinity Internet monthly data usage.”

More precisely, Comcast claims it relies on its own internal IP network to distribute Stream TV, not the external Internet competitors use to reach ex-Comcast cable TV subscribers. Comcast’s premise is it is less costly to deliver content over its own network while Internet traffic comes at a premium. Critics will argue Comcast has found an end run around Net Neutrality by relying on usage caps to influence customer behavior.

For the moment, Netflix is reserving comment after being contacted by Ars Technica. But Sling TV and other services that depend on Comcast’s broadband to reach customers will likely not remain silent for long.

Comcast could effectively deter consumers from using competing online video services with the threat of overlimit fees if customers exceed their usage allowance. The cable company could even use the fact its services don’t count against that allowance as a marketing strategy.

Stop the Cap! has warned our members about that prospect for years. Preferential treatment of certain content over others by playing games with usage caps and overlimit fees could have a major impact on emerging online video competition. Since Comcast owns both the broadband lines and the online video service, it can engage in anti-competitive price discrimination. Competitors will also argue that Comcast’s internal IP network is off-limits to them, making it impossible to deliver content on equal terms over a level playing field.

stream simple

The next move will likely come from the FCC in response to complaints from Comcast’s competitors. As Ars Technica notes, the Federal Communications Commission’s Net Neutrality rules allow for complaints against so-called zero-rating schemes, with the commission judging on a case-by-case basis whether a practice “unreasonably interferes” with the ability of consumers to reach content or the ability of content providers to reach consumers.

With Comcast’s usage caps and overlimit fees, the only reaching will be for your wallet. Consumers need not wait for Sling TV and others to complain to the FCC. You can also share your own views about Comcast’s usage caps by filing a complaint with the FCC here.

Rogers Enables VoLTE Voice/Video Calling It Exempts from Its Own Usage Allowance

netneutralityIf you make a voice or video call over Rogers’ wireless network using Skype, you will chew into your monthly data plan. If you make the same phone call over Rogers’ Voice over LTE network, your data allowance is safe.

Rogers this week expanded VoLTE in Canada to iPhone 6 series phones, joining select Android devices that have had VoLTE service available as an option under phone settings for some time.

VoLTE relies on the same wireless LTE 4G network data sessions do, but Rogers has “zero-rated” voice and video calls made over its own phones so they do not count against a customer’s data plan allowance. Customers using a competing app like FaceTime or Skype are not so lucky — using either counts against your data plan.

rogers logoThat could suggest a potential Net Neutrality violation for one of Canada’s largest cellular providers because Section 27 (2) of the Telecommunications Act makes it clear unjust discrimination is illegal:

(2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage.

“It is the main ‘backbone’ behind implementation of Net Neutrality in Canada, along with the ITMP rules (2009-657),” said , who closely observes the Canadian Radio-Television and Telecommunications Commission, responsible for upholding Net Neutrality in the country. Mezei tweeted the CRTC this afternoon, asking who they thought would be the first to file a Net Neutrality complaint against Rogers for the practice.

New York Attorney General Launches Investigation Into Broadband Speeds and Performance

Phillip Dampier October 26, 2015 Broadband Speed, Cablevision (see Altice USA), Consumer News, Net Neutrality, Public Policy & Gov't, Reuters, Verizon Comments Off on New York Attorney General Launches Investigation Into Broadband Speeds and Performance
Schneiderman

Schneiderman

(Reuters) – New York state’s attorney general is probing whether three major Internet providers could be shortchanging consumers by charging them for faster broadband speeds and failing to deliver the speeds being advertised, according to documents seen by Reuters.

The letters, sent on Friday to executives at Verizon Communications, Cablevision Systems, and Time Warner Cable ask each company to provide copies of all disclosures they have made to customers, as well as copies of any testing they may have done of their Internet speeds.

“New Yorkers deserve the Internet speeds they pay for. But, it turns out, many of us may be paying for one thing, and getting another,” Attorney General Eric Schneiderman said in a statement.

In statements, spokesmen for the three companies expressed confidence in the speeds of their Internet services.

“We’re confident that we provide our customers the speeds and services we promise them and look forward to working with the AG to resolve this matter,” Time Warner Cable spokesman Bobby Amirshahi said.

Cablevision spokesman Charlie Schueler said the company’s Optimum Online service “consistently surpasses advertised broadband speeds, including in FCC (Federal Communications Commission) and internal tests. We are happy to provide any necessary performance information to the Attorney General as we do to our customers.”

A Verizon spokesman said the company would cooperate with Schneiderman’s office. “Verizon is confident in the robust and reliable Internet speeds it delivers to subscribers,” the spokesman said.

BroadbandMap_rev1The attorney general’s investigation is particularly focused on so-called interconnection arrangements, or contractual deals that Internet service providers strike with other networks for the mutual exchange of data.

In the letters, Schneiderman’s office says it is concerned that customers paying a premium for higher speeds may be experiencing a disruption in their service due to technical problems and business disputes over interconnection agreements.

A 2014 study by the Measurement Lab Consortium, or M-Lab, found that customers’ Internet service tended to suffer at points where their broadband providers connected with long-haul Internet traffic carriers, including Cogent Communications Group.

“Internet service provider interconnection has a substantial impact on consumer Internet performance – sometimes a severely negative impact,” the study said, adding that business relationships rather than technical issues were often at the root of the problem.

A spokesman for the attorney general’s office said the 2014 study’s findings, coupled with consumer complaints and internal analysis, prompted the inquiry into Internet speeds.

Some of the letters also raise questions about speeds delivered by Time Warner Cable and Cablevision to consumers over “the last mile,” a term that refers to the point where a telecommunication chain reaches a retail consumer’s devices.

(Reporting by Sarah N. Lynch; Editing by Peter Cooney, Christian Plumb and Jonathan Oatis)

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