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Time Warner Cable Recommits: No Mandatory Usage Caps As Long As Company Remains Independent

timewarner twcTime Warner Cable today recommitted itself to providing unlimited broadband service to any customer that wants it, promising customers they won’t be forced into a tiered usage plan as long as Time Warner Cable remains an independent company.

“We have no intention of abandoning an unlimited product we think that something that customers value and are willing to pay for,” said Time Warner Cable CEO Robert Marcus. “The way we’ve approached usage-based pricing is to offer it as an option for customers who prefer to pay less because they tend to use less. And we’ve made those available at 5 gigabytes per month and 30 gigabytes per month levels.”

Marcus told Wall Street analysts on an afternoon conference call that the average Time Warner Cable customer now generates 35GB of traffic per month, and that a significant percentage of light users might realize some savings choosing a 30GB optional usage plan. But Marcus also admitted that few do.

marcus

Marcus

“I think that’s a testament to the value they place on unlimited,” said Marcus.

Marcus’ decision to stay away from compulsory usage-capped Internet was questioned by Marci Ryvicker from Wells Fargo Securities, LLC., a Wall Street investment firm. Ryvicker tied the growth of online video consumption to the implementation of usage caps as way of protecting video revenue and regaining money lost from lost cable television subscriptions.

“I guess the underlying question is do you think you can monetize the pipe enough through high-speed data pricing to offset video decline,” asked Ryvicker.

“We haven’t really viewed usage-based pricing quite the way you’re postulating,” responded Marcus. “I think there’s a separate question as to whether or not we have the ability to offset video declines with [broadband]. I think it’s fair to say we’re very bullish on the high-speed data business and think we can continue to grow it based on both subscriber volume and incremental ARPU per [broadband] customer.”

Marcus added that Time Warner can continue to boost revenue by raising broadband prices and encouraging customers to upgrade to faster speed tiers at a higher price.

Comcast has a very different philosophy about usage caps — it embraces them. Comcast continues to test mandatory usage caps in several markets, leading to howls of complaints from customers and bill shock. One customer complained their cable bill frightens them every time they receive it, not knowing how much Comcast would charge them for that month of service. The family’s last cable bill, including Internet, exceeded $560, primarily due to Comcast’s overlimit usage fees. Comcast has also received complaints about its usage meter’s accuracy, but the company adamantly bills customers according to the readings of their meter.

“I’ll tell you what really isn’t fair,” wrote one customer. “That is that in ‘test markets’ like mine, Atlanta, we have the 300GB [cap] enforced with the penalty overage charge and we pay the SAME rates as people in other markets that aren’t yet one of the ‘test markets.’

Most analysts expect Comcast will eventually roll out usage caps to all of its customers, including any it acquires from Time Warner Cable. Customers cannot choose an unlimited use option in Comcast’s usage cap test markets.

Commentary: Verizon’s New Tech News Website Censors Out Net Neutrality, Electronic Spying, Credibility

“Verizon’s treatment of the news is a testament to the need for strong Net Neutrality protections.”

Sugarstring's logo is as twisty as its editorial policies.

Sugarstring’s logo is as twisty as its editorial policies.

Verizon Wireless’ launch of Sugarstring, a high-budget tech news website targeting millennial 20-somethings with tech and lifestyle news they can use seemed innocent enough until its editor revealed in a private e-mail Verizon considers reporting on electronic spying and Net Neutrality issues “verboten.

Verizon is deeply embroiled in both issues and evidently has no interest spending money enlightening the masses, so it has told its staff (but not you) both topics are forbidden.

The Daily Dot reported the revelation straight from Cole Stryker, Sugarstring’s editor.

“I’ve been hired to edit SugarString.com,” writes Stryker in a recruiting email to Daily Dot’s Patrick Howell O’Neill. “Downside is there are two verboten topics (spying and net neutrality), but I’ve been given wide berth to cover pretty much all other topics that touch tech in some way.”

Verizon’s cavalier censorship policies say a lot about the company’s interest in controlling the messages that people see and read online. The news site is intended to be a high-profile destination for Verizon Wireless’ mobile customers and will logically get significant exposure from the company bankrolling it.

Verizon might argue that since it pays the bills, it has a right to decide what information should pass through its websites. It is hardly a big stretch for them to argue that if they own the wires over which you receive Internet service, they should have a say in what travels across those as well.

Censorship need not be crude and obvious as it often was on foreign propaganda broadcasts during the Cold War. Today’s “news management” is much more subtle and more insidious.

Take RT (formerly Russia Today), the Moscow-based 24/7 English-language news network. Although dropped by many major cable systems including Time Warner Cable after Russian troops invaded eastern Ukraine, the network is still growing and finding more places on the air around the world.

Radio Moscow during the Cold War represented a more overt form of propaganda. Corporations like Verizon have learned to be more subtle.

Radio Moscow during the Cold War represented a more overt form of propaganda. Corporations like Verizon have learned to be more subtle.

RT is nothing like what shortwave listeners used to endure from English-language Radio Moscow World Service during the Communist years. You couldn’t miss that station. Broadcasting on up to 47 frequencies simultaneously, 24 hours a day, it was easily the most commonly encountered signal on the shortwave dial. Plodding features like, “On the Occasion of the 45th Anniversary of the Stunning Achievements of World Socialism,” or “The Voices of Soviet Public Opinion Demand Peace and Progress for the Non-Aligned World” (Part 36) were everything you might expect and less.

Radio Moscow boldly told listeners in its series, “The History of the Soviet Union, the Socialist Revolution, and Its Aims and Results,” that elections in the USSR were superior to those in other countries because the government took the money out of politics. Only by putting national infrastructure entirely in the hands of the people, along with public ownership of the means of production, can a nation achieve true democracy. They didn’t bother to mention the USSR was a one-party state, which made elections pro-forma, or that the entire Soviet economy was a basket case since the days of Leonid Brezhnev. (10:01) You must remain on this page to hear the clip, or you can download the clip and listen later.

Radio Moscow has been replaced by RT Television, which in the post-Soviet era now exists primarily to boost all-things Putin. The propaganda has been sharpened up by employing U.S. reporters and moving to the far more subtle practice of “self-censorship.” A former RT reporter fed up with increasingly strident propaganda over the matter of Russia, Crimea and the Ukraine quit live on the air. In a later interview on CNN, Liz Wahl told Anderson Cooper that RT’s staff was made up mostly of impressionable young people eager to win favor from RT’s management. They quickly learned and accepted that certain points of view or story subjects were either frowned upon or outright verboten. Instead of being sent to a gulag for disobedience, those straying from Putin’s party line were taken off stories, reassigned to menial work, or shunned. Who wants that?

Avoiding certain topics or points of view at the behest of corporate management (or the state) is just as insidious as directly slanting the news to one’s favor. Few real journalists would accept a job (or stay) at a news organization that was compromised by coverage limits or editorial interference that came from conflict with a corporate or political agenda.

That Verizon chooses to ban stories that embarrass Verizon, such as Edward Snowden’s revelations that Verizon voluntarily provided the National Security Agency (NSA) the phone records of all of its customers and is still actively engaged in tracking its customers’ web activities, does not mean it is going to block you from visiting CNN.com tomorrow. That Verizon doesn’t want to fuel the public consciousness of Net Neutrality is understanding considering the company has paid its lawyers plenty to fight the principle in court, openly admitting it favors paid fast lanes for traffic. But Verizon is clearly on a road that, if unchecked, eventually leads to content and traffic manipulation.

Verizon steps far over the line of jounalistic integrity informing editors to avoid both issues while saying nothing to readers and it isn’t the first time Verizon has crossed the line.

censorshipTim Karr from Free Press reminds us Verizon has a very different view about the First Amendment that the rest of us:

In a 2012 legal brief to the U.S. Court of Appeals for the D.C. Circuit, Verizon mangled the intent of the First Amendment to claim that the Constitution gives the phone company the right to control everyone’s online information. In the brief, which was part of the company’s successful bid to overturn the FCC’s Open Internet Order — Verizon argued that the First Amendment gives it the right to serve as the Internet’s editor-in-chief. The company’s attorneys claimed that “broadband providers possess ‘editorial discretion.'” even when they are “transmitting the speech of others.”

Verizon continued in this vein, asserting that “Just as a newspaper is entitled to decide which content to publish and where, broadband providers may feature some content over others.” And that means that Verizon could privilege its SugarString version of the news over the content of real news sites, because the company believes it should be able to “give differential pricing or priority access” to its own content.

What Verizon cannot “manage,” it wants the right to censor:

When it comes to a question of customer freedom vs. profits, Verizon follows the money every time:

In 2011, Free Press and others caught Verizon Wireless blocking people from using tethering applications on their phones. Verizon had asked Google to remove 11 free tethering applications from the Android marketplace. These applications allowed users to circumvent Verizon’s $20 tethering fee and turn their smartphones into Wi-Fi hotspots on their own. By blocking those applications, Verizon violated a Net Neutrality pledge it made to the FCC as a condition of the 2008 airwaves auction.

All of these examples challenge Verizon’s ongoing assertion it has no incentive to censor, block, or interfere with online content, making Net Neutrality unnecessary. You have just seen another example of why Net Neutrality is urgently needed. Verizon has demonstrated repeatedly it puts its own interests above its customers, so regulators should respond with a clear, unambiguous, and robustly enforced policy of Net Neutrality that protects the interests of you and I.

Federal Trade Commission Suing AT&T Over Unfair Speed Throttles for Unlimited Data Customers

throttleThe Federal Trade Commission today filed a lawsuit against AT&T for its practice of subjecting grandfathered unlimited data customers to speed throttles that dramatically cut speeds up to 90 percent after customers use more than 3GB of data on AT&T’s 3G network or 5GB on its 4G network. Thus far, according to the FTC, AT&T has throttled at least 3.5 million unique customers a total of more than 25 million times.

The FTC’s complaint alleges that the company failed to adequately disclose to its customers on unlimited data plans that, if they reach a certain amount of data use in a given billing cycle, AT&T reduces – or “throttles” – their data speeds to the point that many common mobile phone applications – like web browsing, GPS navigation and watching streaming video –  become difficult or nearly impossible to use.

“AT&T promised its customers ‘unlimited’ data, and in many instances, it has failed to deliver on that promise,” said FTC Chairwoman Edith Ramirez. “The issue here is simple: ‘unlimited’ means unlimited.”

FCC chairman Thomas Wheeler publicly complained about Verizon’s plans to start a similar throttling program on its wireless network, questioning the fairness of cutting speeds for certain customers while exempting others. Both Verizon and AT&T have claimed speed throttles are part of a fair usage policy that allows all customers to share its wireless resources. Broadband providers have often painted a picture of a “bandwidth hog” taking a disproportionate share of network resources away from other customers, but there is no evidence heavier users are creating conflicts for other users, especially as wireless carriers encourage customers to use more data.

throttle att

From AT&Ts website

The logic of rationing Internet use for unlimited customers while providing unlimited access to those willing to pay usage-based charges escaped the FTC, which is what brought the suit.

According to the FTC’s complaint, AT&T’s marketing materials emphasized the “unlimited” amount of data that would be available to consumers who signed up for its unlimited plans. The complaint alleges that, even as unlimited plan consumers renewed their contracts, the company still failed to inform them of the throttling program. When customers canceled their contracts after being throttled, AT&T charged those customers early termination fees, which typically amount to hundreds of dollars.

The FTC alleges that AT&T, despite its unequivocal promises of unlimited data, began throttling data speeds in 2011 for its unlimited data plan customers after they used as little as 2 gigabytes of data in a billing period. According to the complaint, the throttling program has been severe, often resulting in speed reductions of 80 to 90 percent for affected users.

According to the FTC’s complaint, consumers in AT&T focus groups strongly objected to the idea of a throttling program and felt “unlimited should mean unlimited.” AT&T documents also showed that the company received thousands of complaints about the slow data speeds under the throttling program. Some consumers quoted the definition of the word “unlimited,” while others called AT&T’s throttling program a “bait and switch.” Many consumers also complained about the effect the throttling program had on their ability to use GPS navigation, watch streaming videos, listen to streaming music and browse the web.

The complaint charges that AT&T violated the FTC Act by changing the terms of customers’ unlimited data plans while those customers were still under contract, and by failing to adequately disclose the nature of the throttling program to consumers who renewed their unlimited data plans.

FTC staff worked closely on this matter with the staff of the Federal Communications Commission.

The Commission vote authorizing the staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Northern District of California, San Francisco Division.

Comcast Prepares to Launch All-Out Attack on C Spire’s Irritating Competition in Mississippi

comcast crushThe sleepy deep south isn’t often a battleground for an all-out broadband competition war, but Ridgeland, Miss.-based C Spire, a regional cell phone company with fiber broadband aspirations, has gotten too big for its britches and Comcast is preparing to demonstrate its size and resources can run even a home state provider into the ground.

C Spire is building a statewide fiber-to-the-home network, city by city, on its pre-existing fiber backbone which extends to C Spire’s cell towers across the Magnolia State. As the fiber network expands, talk of doing something in a “Mississippi Minute” will be a thing of the past as C Spire prepares to deliver gigabit broadband speeds far in excess of what competitors like Comcast, AT&T and Cable One are prepared to offer.

Communities already on the construction list include: Batesville, Clinton, Corinth, Hattiesburg, Horn Lake, McComb, Quitman, Ridgeland and Starkville.

But C Spire’s network caught the attention of Comcast earlier this month when it announced Jackson, the state capital, was going to get fiber service.

C Spire is following Google Fiber’s model, attempting to get enough residents in a neighborhood to pre-register with a refundable $10 deposit. Online pre-registration for the service began in Jackson last month, and several hundred residents applied even before the fiber network expansion was announced, ready to tell Comcast to take a hike.

Jackson neighborhoods that reach sign-up levels set by C Spire will be the first to get the new generation of fiber services, the company says.

“Gigabit infrastructure can create a new economic reality for the city of Jackson,” Duane O’Neill, president & CEO of the 2,100-member Greater Jackson Chamber Partnership, told the Mississippi Business Journal. “In the handful of U.S. cities where this infrastructure is deployed and widely available, it has generated thousands of jobs, millions of dollars of new investment, boosted home values and improved the overall quality of life.”

c spire fiberC Spire’s plans could cost Comcast a significant number of cable customers across Mississippi, and it isn’t taking that lightly.

Departing from its usual tradition of focusing new technology on large northeastern cities, Comcast will begin saturating Jackson with its Wi-Fi hotspot service, starting with 200 public hotspots slated for launch before the end of this year. The company only had a handful of Wi-Fi hotspots in Jackson before. Jackson will also get significant cable service upgrades, including the introduction of a new “smart home” service, a cloud-based service integrating Comcast’s cable, Internet, and home-security.

Comcast says it has plans to turn Jackson into a “truly connected city,” and if that means competitively disconnecting C Spire from its nascent fiber customer base, all the better.“This is the kind of threat that would frighten competitors,” said industry observer Jeff Kagan. “Comcast can be a heavy-duty competitor when they want to be. So why is Jackson and other Mississippi cities getting this kind of attention from Comcast and C Spire? I think it’s a matter of competition and C Spire’s aggressive move in the state of Mississippi played a role in the Comcast decision to turn up the heat.”

Kagan also expects Comcast will cut prices to undercut C Spire. That would be consistent with Comcast’s customer retention policies that dramatically lower rates for customers threatening to leave. Rate-cutting will benefit consumers, but if Comcast engages in below-cost predatory pricing, those savings will be short-lived.

“It’s starting to look like that old nursery rhyme, Jack and the Beanstalk,” said Kagan. “Watch out Jack, the Giant is waking up.”

If that battle becomes cut-throat, C Spire’s fiber aspirations may end up nothing more than pipe dreams if the company retreats, deciding it cannot survive in a battle with Comcast, the Giant of all cable companies.

YouTube Piles on the Video Ads, Now Ponders Charging Viewers to Get Rid of Them

Phillip Dampier October 28, 2014 Consumer News, Online Video 4 Comments

YouTubeYouTube will earn as much as $6 billion this year from the increasing number of ads that accompany videos on the world’s busiest website. It could earn even more charging consumers a subscription fee to get rid of them.

As online video advertising loads increase, online viewers are growing increasingly intolerant watching 30 second ads just to view a two-minute video. YouTube has at least allowed most of the its ads to be manually skipped by the user after a five second waiting period, but as more and more videos are subjected to the “pre-roll” ad treatment, a growing number of YouTube fans seem prepared to pay a nominal fee never to be bothered with ads again.

YouTube CEO Susan Wojcicki believes there is room for both free, ad-supported videos and a paid subscription, ad-free model and it is contemplating letting YouTube viewers choose between the two.

“We’re early in that process, but if you look at media over time, most of them have both ads and subscription services,” Wojcicki said at the Code/Mobile conference. “YouTube right now is ad-supported, which is great because it has enabled us to scale to a billion users, but there’s going to be a point where people don’t want to see the ads.”

hulu-plusYouTube rival Hulu may have already reached that point. It charges $7.99 a month for Hulu+, its enhanced service, but its online programming still carries a very heavy ad load, now approaching what viewers would see watching their favorite shows over broadcast TV. That advertising has cost Hulu+ a significant number of subscribers unwilling to pay a premium price for online videos littered with commercials.

Hulu showed users an average of 82.3 ads a month, compared with YouTube and other Google-owned sites, which showed an average of 32.3 ads per viewer, according to comScore data from December 2013.

A number of advertising agencies are welcoming a reduction in online advertising. With saturation advertising, viewers have a tendency to tune out the ads or go back to pirating video content. A small number of ads tend to hold viewers’ attention better and most won’t bother trying to skip or ignore a single 15 or 30 second ad.

“After Facebook went public, they had in-stream video and it suffocated the users and they pulled back,” Steve Minichini, chief digital officer at ad agency Assembly, told The Post. “If what we’re hearing is correct — that Hulu is pulling back — I would welcome that.”

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