Houston residents excited by this week’s launch of AT&T U-verse with GigaPower have been quickly disappointed after learning the service is available practically nowhere in Houston and likely won’t be for some time.

The upgrade, offering up to 1,000/1,000Mbps broadband, was launched Monday with an announcement “select residents” in Bellaire, Pasadena, and northwest Harris County, Tex. will be the first to get the service.

Bellaire, known as the “City of Homes,” is a primarily residential community of 6,000 houses surrounded by the city of Houston. AT&T’s Houston headquarters are located in Bellaire, and the company maintains good relations with the local government. Larry Evans, AT&T’s vice president and general manager for South Texas told the Houston Chronicle that is a key factor for getting GigaPower upgrades. Evans said Bellaire, Pasadena and northwest Harris County have been very cooperative in clearing red tape and letting AT&T install fiber infrastructure for GigaPower with a minimum of fuss from permitting and zoning authorities.

Bellaire is a mostly residential community surrounded by Houston.

The larger city of Pasadena, with a population approaching 150,000 is another case where close cooperation with the city government made the difference. The city council contracts with AT&T to supply telecom services to the local government as well.

As in other AT&T service areas, actual availability of GigaPower is extremely limited. A search of prospective addresses in Pasadena found service available in only a few neighborhoods. In Bellaire, only a few streets now qualify for service. We were unable to find a single address in “northwest Harris County” that qualified for U-verse with GigaPower, but AT&T claims that “surrounding communities” would also have access, without disclosing the names of any of them. That makes it extremely difficult to accurately use AT&T’s service qualification tool to verify coverage.

Jim Cale found he pre-qualified on the website for U-verse with GigaPower service, but his hopes were dashed when a representative informed him his order was canceled because, in fact, GigaPower was not actually available on his street.

“My neighborhood was wired with fiber to the home when it [was built] a few years ago,” shared “Ed From Texas.” “AT&T is the provider and that was one of its advertised features. Who do I need to harass at AT&T to get Gigapower turned on for us?”

Gene R. is in a similar predicament:

“I can’t even get U-Verse and I am two blocks from loop 610,” he said. “AT&T says they don’t know when it will be available. I suspect…never.”

Richard dumped AT&T in the past for not meeting the speeds U-verse advertises, but is hopeful an all-fiber network might finally bring better speeds.

“I dropped AT&T’s MaxPlus because I never got anything approaching the 18Mbps speed I was being billed for,” he wrote.

AT&T will sell several U-verse with GigaPower plans in Houston. The packages below include waivers of equipment, installation and activation fees, if you agree to allow AT&T to monitor your browsing activity:

• U-verse High Speed Internet Premier: Internet speeds up to 1Gbps starting as low as $110 a month, or speeds at 300Mbps as low as $80 a month, with a one year price guarantee;
• U-verse High Speed Internet Premier + TV: Internet speeds up to 1Gbps and qualifying TV service starting as low as $150 a month, or speeds at 300Mbps and qualifying TV service as low as $120 a month, with a one year price guarantee;
• U-verse High Speed Internet Premier + TV + Voice: Internet speeds up to 1Gbps with qualifying TV service and Unlimited U-verse Voice starting as low as $180 a month, or speeds at 300Mbps with qualifying TV service and Unlimited U-verse Voice as low as $150 a month, with a two-year price guarantee.

These offers all include a provision in the service agreement allowing AT&T to spy on your browsing habits ostensibly to supply “targeted advertising.” But the terms and conditions do not limit AT&T from broadening its monitoring of your usage for other purposes. If you opt out, the price goes up to $109 monthly for 300Mbps service and $139 monthly for 1Gbps broadband and you will pay installation and activation fees.

AT&T says the monitoring is done purely to power its targeted ads. Some examples:

• If you search for concert tickets, you may receive offers and ads related to restaurants near the concert venue;
• After you browse hotels in Miami, you may be offered discounts for rental cars there;
• If you search for a car online, which may include window shade, you may receive an email notifying you of a local dealership’s sale;
• If you are exploring a new home appliance at one retailer, you may be presented with similar appliance options from other retailers.

“You might receive these offers or ads online, via email or through direct mail,” says AT&T on their Internet Preferences page.

The “price guarantee” provision is actually a contract obligating you to stay with U-verse for 1-2 years or face an early termination fee of $180. AT&T also warns your Internet speeds will deteriorate “if two or more HD shows [are] viewed at same time.” Usage caps apply, as usual. GigaPower customers signed up for the fastest speeds receive 1 terabyte, or 1,000 gigabytes, of data per month. Customers will get warnings if they exceed the cap twice. The third time, and going forward after that, they’ll pay a $10 fee for each 50GB over the cap.

Frontier Communications customers lucky enough to have access to fiber to the home service will find broadband speeds have been increased to offer identical upload and download rates.

In FiOS areas of Washington and Oregon, symmetrical broadband speeds of 30/30, 50/50, 75/75, 100/100, and 150/150Mbps are now available.

Both the 75 and 150Mbps tiers are new to customers.

Existing customers will not be upgraded to the new speed tiers until they call Frontier and request them.

“Customers have been demanding faster upload speeds for access to the cloud, gaming and streaming applications, and Frontier is committed to fulfilling those needs,” said Vicky Oxley, Frontier vice president and Washington general manager. “This is something our competitors don’t offer.”

The majority of Frontier’s customers receive DSL service at speeds averaging 6Mbps.

“Unlimited data” must mean exactly that in the United Kingdom if you hope to survive a challenge with British regulators over advertising and tariff claims.

Virgin Media thought itself clever offering “VIP” mobile customers two choices for service: £15 for a package that included 3GB of mobile data or £20 for “unlimited” data. Unlimited sounds like a great deal. For just $7.41 more, a customer could turn their stingy 3GB plan into unlimited data paradise. Or so one would think until navigating a nearly impenetrable thicket of fine print that suggested “you should expect speeds delivered up to 384kbps (3G). Actual speeds experienced may be higher or lower and will vary by device and location.”

Seven complainants discovered something interesting about their “unlimited data plan.” It sped along at an average speed of 6Mbps until they hit 3.5GB of usage during any billing cycle. After that, speeds were consistently reduced to 384kbps. They quickly learned Virgin had a secret throttling plan in place for their unlimited customers, couched in vague and misleading fine print that suggested customers should treat anything over 384kbps as a veritable gift from the mobile gods.

Why hide the fact Virgin has a “fair use policy” similar to many other wireless carriers that promise unlimited data only to throttle speeds after customers reach a certain amount of usage? Look again at Virgin’s pricing.

A customer could choose a £15 plan that included 3GB of usage or spend an extra £5 for what actually turns out to be just 500MB of regular speed data. If customers realized that, they would likely keep the £5 in their wallet. Instead, it went straight into Virgin’s bank account.

Virgin’s response is familiar to any customer who thought they bought an unlimited plan only to discover it cannot reasonably be used once an arbitrary limit is reached. The Advertising Standards Authority (ASA) summarized Virgin’s reply:

They said within all of their advertising, whenever they referred to “unlimited data” in connection with their mobile tariffs, they included an explanation within the small print that customers should expect speeds of up to 384kbit/s.  They said the restriction imposed on customers was moderate in respect of the service being advertised.

They noted that the body copy of the ad did not make any reference to internet speeds, and said that Virgin Mobile customers were never prevented from accessing the internet, no matter how much data they used.  They therefore maintained that access to data for any customer was entirely unlimited.  They said, where a customer exceeded 3.5GB in any 30-day period, they would still be able to use the internet on their device at 3G speeds.  They said that 2% of Virgin Media customers ever reached the limit in a 30-day period, which they considered was a tiny minority. They said that the customers using more than 3.5GB of data each month would be those customers who would be more aware of the advertised expected speed, and that the average consumer would therefore not have been misled.

That last sentence in particular did not amuse the regulators. In the United Kingdom, making a claim of “unlimited service” means that any limitations imposed on that service affecting speed or usability must be at most moderate and clearly disclosed. Virgin failed on both.

Average 3G speeds in Britain are now 6.1Mbps and that speed does not vary much between providers. The ASA ruled that slashing speeds to a fraction of 6Mbps went way beyond the rules.

“Given the speeds we understood consumers were likely to achieve before the [throttle], we considered that they were likely to notice the drop in speeds once the restriction was applied, as had a number of the complainants,” wrote the ASA. “We considered that a reduction in speed from an average we understood to be approximately 6 Mbit/s to 384 kbit/s once the limit was reached, was more than a moderate reduction. Because we considered the limitation imposed on speeds to be more than moderate, we concluded that the claim ‘unlimited data’ was misleading.”

As a result, Virgin Media was told not to claim that a service was ‘unlimited’ if the limitations that affected the speed or usage of the service were more than moderate.

Phillip “Comcast lost its case for usage caps” Dampier

With today’s announcement Comcast intends to bring unlimited 2Gbps broadband to as many as 18 million homes across its service area, one thing is clear — if Comcast is not worried about the impact of that many potential customers consuming 2Gbps of bandwidth, there is absolutely no justification to impose usage caps and allowances on any Comcast customer.

A frequent justification for usage caps and usage billing is to guarantee fair access for all customers on a shared, congested network. Another is to help defray the cost of broadband expansion. But Comcast’s new super-speed tier will have no usage cap and customers are invited to use it as much as they like for a fixed price. Clearly, a customer maxing out a 2Gbps connection to upload and download enormous amounts of content, say on a peer-to-peer network, will have a far greater impact on Comcast’s infrastructure than a user with a basic 25Mbps Internet connection. Yet today in Atlanta, Comcast is asking its 25Mbps customers to stay within a 300GB usage allowance, if they want to avoid an overlimit penalty of $10 for each 50GB block of additional usage.

Comcast does not like Stop the Cap! calling Comcast’s “data usage trials” what we believe them to be: “usage caps.”

In response to our testimony before the New York Public Service Commission last year regarding its application to acquire Time Warner Cable, Comcast objected to our claim it was placing usage allowances or limits on its broadband customers.

“Comcast does not have ‘data caps’ today,” Comcast told the PSC in its filing. “Comcast announced almost two years ago that it was suspending enforcement of its prior 250GB excessive usage cap and that it would instead be trialing different pricing and packaging options to evaluate options for subscribers—options that reflect evolving Internet usage and that are based on the desire to provide flexible consumption plans, including a plan that enables customers who want to use more data the option to pay more to do so as well as a plan for those who use less data the option to save some money.”

Yet Comcast’s desire to offer “flexible” usage plans becomes very inflexible when customers ask for unlimited service. Comcast has refused to offer such an option in several trial markets where usage caps are once again being tested.

Last May, Comcast vice president David Cohen emphatically stated usage caps and usage-based billing were all about “fairness,” telling investors: “People who use more should pay more, and people who use less should pay less.”

Those signing up for 2Gbps service will be in a position to use far more bandwidth and data than any other Comcast customer subscribing to a lower speed broadband tier, yet will not be asked to pay more for using more or pay less for using less. They will be signing up for a simple to understand unlimited usage plan most Comcast customers want that will carry no billing surprises. At the moment, that is the only unlimited tier residential plan a Comcast customer in Atlanta will be able to buy.

Also turned on its head is the idea that customers who use the most bandwidth or cost Comcast the most should be contributing more to help Comcast pay for network upgrades, but once again this will not be the case for 2Gbps customers in Atlanta. They will cost Comcast a fortune as the company rips out its existing HFC (coaxial cable) infrastructure and replaces it with fiber to the home service. Yet the 25Mbps customer still using decades-old coaxial cable is effectively being asked to limit their Internet usage to avoid additional charges while the 2Gbps modern fiber customer is not.

It clearly makes no sense, but will rake in dollars for Comcast as usage continues to grow.

If Comcast’s network can sustain up to 18 million 2Gbps users with no usage cap, it has more than enough capacity to take the limits off every Comcast broadband customer. Comcast must shelve its usage billing trials immediately and remove all usage allowances from residential broadband customers in various test markets where they have been in place for more than a year. Google, Verizon, Time Warner Cable, Cablevision, Charter, and many other broadband providers have found no defensible reason to slap usage limits on their broadband customers. If they can provide comparable speeds and service without a cap, so can Comcast.

Comcast should clearly state it is in the business of providing the best possible customer experience using 21st century infrastructure more than robust enough to sustain usage demands, and compulsory usage caps and consumption billing are incompatible with the company’s goal to provide top-quality, worry-free Internet access.

If Comcast wants to test voluntary discount programs for light users, we have no objection. But customers should always have access to an affordable unlimited option without having to watch usage meters or worry about bill shock.

Comcast needs to do the right thing today and end all compulsory data usage trials across the country and commit to providing unlimited, allowance-free broadband service.