[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Fox News Shepard Smith Hates ATT’s Data Plans 2-14-12.flv[/flv]

Fox News’ Shepard Smith launched into an off-script tirade against AT&T after sending him a text message he was one of the “5%’ers” about to have their data service throttled.  “I’m gonna pay more for this crap, because it -is- crap,” Smith said.

Smith just discovered the reality of Internet Overcharging.  Get customers hooked on unlimited use plans that soon become a part of their daily lives, and then allow an uncompetitive marketplace to turn data into a “limited resource” that can be monetized for all it’s worth.

“I signed up for this [unlimited] plan, I bought this phone, [and] they told me I could do this, and now that I’ve signed up… and I’ve done everything the way they tell me to do it, now I gotta pay more.”

“It’s like all you can eat crack, until you like a lot of crack, and then you gotta pay more.”  (2 minutes)

Thanks to reader Mileena for alerting us.

An increasing number of wireless data users are getting some tough love courtesy of AT&T.

“Your data use this month places you in the top 5% of users,” the text message reads. “Use Wi-Fi to avoid reduced speeds.”  Our regular reader Earl hopes we’ll keep spreading the word.

AT&T’s speed throttle has now moved beyond the pages of tech blogs and into USA Today, where the newspaper explores the trials and tribulations of wireless data management policies at the nation’s largest wireless companies.

Mike Trang, along with at least 200,000 other AT&T customers, has been caught in AT&T’s wireless speed trap.  The result can be speeds punitively reduced to dial-up for the remainder of a billing cycle, leaving customers on AT&T’s “unlimited use” plan waiting up to two minutes for a single web page to load.

While AT&T tells the newspaper it only throttles the speeds of unlimited customers who use an average of 2GB or more per month to ease congestion (if that), the company’s “congestion problems” seem to disappear when customers switch to a usage-billing plan that charges fees based on different usage allowances:

Trang’s iPhone was throttled just two weeks into his billing cycle, after he’d consumed 2.3 gigabytes of data. He pays $30 per month for “unlimited” data. Meanwhile, Dallas-based AT&T now sells a limited, or “tiered,” plan that provides 3 gigabytes of data for the same price.

Users report that if they call the company to ask or complain about the throttling, AT&T customer support representatives suggest they switch to the limited plan.

“They’re coaxing you toward the tiered plan,” said Gregory Tallman in Hopatcong, N.J. He hasn’t had his iPhone 4S throttled yet, but he’s gotten text-messages from AT&T, warning that he’s approaching the limit. This came after he had used just 1.5 gigabytes of data in that billing cycle.

Many customers who have received the text message warning about their usage now think twice about everything they do with their phone, which may be part of what AT&T intended for its remaining customers grandfathered on a now-discontinued unlimited use plan.

John Cozen, a Web and mobile applications designer in San Diego, told USA Today he’s now “almost scared to use the phone.”

Cozen’s complaints to AT&T have been ignored and now he’s shopping for a new carrier.

AT&T’s warning-and-throttle system is the strictest among America’s largest wireless carriers. When customers exceed AT&T’s arbitrary declaration of being among the “top 5% of users,” their speeds are subject to severe slowdowns until their next bill is issued. This leaves customers who may have needed their phone at the beginning of the month for a business trip or vacation suddenly throttled for weeks because of what AT&T calls “congestion,” even if nobody else is using the cell tower.  Even worse, customers not yet deemed to be offending AT&Ts usage manners, or who pay per gigabyte, can overload a cell tower and create the very congestion AT&T claims it hopes to manage.  But only “unlimited use” customers get “time out” in the usage penalty corner.

Among other carriers:

• Verizon Wireless also uses a network management system that can throttle speeds for exceptionally heavy users, but their speed throttle is engaged only when individual cell towers are overloaded with traffic, and the speed reduction level will vary with the amount of traffic on that tower.  When congestion eases, speeds return to normal for everyone;
• T-Mobile throttles customers after a maximum of 5GB of usage per month, unless other arrangements are made with the company;
• Sprint Nextel does not have usage limits or a throttle on smartphone data plans at this time.

With Verizon and AT&T effectively stalling expansion of their respective “next generation” fiber and hybrid fiber/coax networks, and independent phone companies fearing too much capital spent improving their networks will drive their stock prices down, telephone companies are desperately seeking better options to deliver the faster broadband service customers demand.

The options over a copper-based landline network are not the best:

• ADSL has been around for more than a decade and is highly distant dependent. Get beyond 10,000 feet from the nearest switching office and your speeds may not even qualify as “broadband;”
• DSL variants represent the second generation for copper-broadband and can deliver faster speeds, but usually require investment to reduce the amount of copper between the customer and the switching office;
• Fiber networks are more expensive to build, and some companies are using it to reduce, but not eliminate copper wire in their networks. But companies traditionally avoid this solution in rural/suburban areas because the cost/benefit analysis doesn’t work for shareholders;
• Ethernet Over Copper (EoC) is increasingly the solution of choice for independent phone companies because it is less expensive to deploy than fiber and can quickly deliver service at speeds of up to 50Mbps.

Unfortunately for consumers, EoC is typically way above the price range for home broadband.  Most providers sell the faster service to commercial and institutional customers, either for businesses that have outgrown T1 lines or where deploying fiber does not make economic sense.  Some companies have tried to improve on DSL by bonding multiple connections together to achieve faster speeds, but Ethernet is quickly becoming a more important tool in the broadband marketing arsenal.

With phone companies pricing EoC service from several hundred to several thousand dollars a month, depending on the speed of the connection, they hope to remain competitive players against a push by the cable industry to more aggressively target business customers.  In more rural areas, phone companies lack cable competition, so they stand a better chance of success.

Fierce Telecom‘s Sean Buckley published an excellent series of articles outlining the current state of EoC technology and what phone companies are doing with it:

• AT&T: Inherited EoC from its acquisition of BellSouth, and barely markets it. Instead, AT&T uses it as a quiet solution for challenging customers who cannot affordably be reached by fiber.  AT&T will either deliver the service over copper, copper/fiber, or an all-fiber path depending on the client’s needs.
• CenturyLink: No phone company is as aggressive about EoC as CenturyLink. When CenturyLink acquired Qwest, interest in the technology only intensified. EoC is a CenturyLink favorite for small businesses that simply cannot get the speeds they need from traditional DSL.  Most EoC service runs up to 20Mbps.
• Verizon: Verizon’s network is the most fiber-intense among large commercial providers, so EoC is not the first choice for the company. However, it does use it to reach multi-site businesses who have buildings and offices outside of the footprint of Verizon’s fiber network/service area.
• Frontier: In the regions where Frontier acquired Verizon landlines, EoC has become an important component for Frontier’s backhaul traffic. EoC has been deployed to reach cell tower sites and handles broadband traffic between central office exchanges and remote D-SLAMs, used to let the company sell DSL to a more rural customer base.  Frontier looks to EoC before considering spending money on fiber service, even for commercial and institutional users.
• Windstream: EoC is the way this phone company gets better broadband speeds to business customers without spending a lot of money on fiber. Small and medium-sized customers are often buyers of EoC service, especially when DSL can’t handle the job or the company requires faster upstream speeds.  Windstream markets upgradable EoC capable of delivering the same downstream and upstream speeds and can deliver it more quickly than a fiber project.
• FairPoint: Much of this phone company’s EoC efforts are in territories in northern New England acquired from Verizon.  FairPoint targets small and medium sized companies for the service, especially those who have remote offices or clinics that need to be interconnected. FairPoint has also gotten more aggressive than many other companies working with ADSL2+ or VDSL2 to deliver faster broadband to office buildings and complexes more economically than fiber.
• SureWest: This company is strong believer in fiber to the premises service, so its interest in EoC has been limited to areas where deploying fiber makes little economic sense. In more out-of-the-way places, EoC is becoming a more common choice to pitch businesses who need more than traditional broadband.
• Hawaiian Telcom: HawTel uses copper-based EoC to provide connectivity across the diverse Hawaiian Islands.  Speeds are generally lower than in mainland areas, partly because HawTel still relies heavily on traditional copper-based service. But fiber-based EoC is increasingly available in more densely populated areas.

AT&T has announced it is doubling the price of its equipment upgrade fee, now charging $36 when a customer activates a new phone on their wireless account.

Our regular reader Scott sent word AT&T raised the upgrade fee Feb. 12, from $18 to $36, to “cover their costs. ” The fee now matches that charged by Sprint.

From AT&T’s official statement:

Wireless devices today are more sophisticated than ever before. And because of that, the costs associated with upgrading to a new device have increased and is reflected in our new upgrade fee. This fee isn’t unique to AT&T and this is the first time we’re changing it in nearly 10 years.

Wireless companies in North America encourage more frequent phone upgrades because of their business model: pitching subsidized phones in return for a two-year contract commitment, along with higher-priced service plans which gradually recoup the cost of the subsidy.

Consumers who hang on to their phones longer than two years continue to pay higher prices for service plans designed for those who always upgrade phones every two years at contract renewal time.  Phone companies also prefer customers who live under a term contract because they are less likely to switch providers.

In the past, loyal customers not only received extra incentives and discounts when they renewed their contracts, they also had these kinds of service fees waived.  No more.  Most companies have discontinued extra upgrade discounts for existing customers and increasingly refuse to waive service and equipment fees.

The city of Savannah, Georgia is at the mercy of Comcast Cable, and city officials and local residents are fed up with high bills, the “don’t care” attitude from customer service, and cable and broadband that fails repeatedly, sometimes extending for weeks.

The fervor came to a head in December when city council had accumulated more than 150 complaints from local residents, deciding public hearings were warranted to deal with the city’s dominant cable company, Comcast.

“Comcast Destroyed My House”

Diana Thibodoux called Comcast to deal with a cable issue in her Ardsley Park home and never expected the service call would turn into an expensive nightmare.

Thibodoux says the Comcast technician who showed up decided on his own to rewire the house for cable and began drilling through brick and expensive plaster, stringing easily visible black coaxial cable along outside walls, inside baseboards and up over doors, all in plain sight.

“My house looks like a frat house,” Thibodoux complained to Comcast officials who were on hand to listen to customer complaints at the first of four public “town hall” meetings.

“I’ve never dealt with a company so incompetent,” another local resident said.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WTOC Savannah Ive never dealt with a company so incompetent 2-6-12.mp4[/flv]

WTOC in Savannah shares the horror story of Diana Thibodoux, who says Comcast destroyed her house thanks to an overzealous, incompetent repairman.  (3 minutes)

Residents used the public sessions to vent about long hold times which can extend to as much as two hours, poor quality service, and what city officials call the predictable outcome of a company that has “a stranglehold” over Savannah’s cable TV market.

“Comcast has treated Savannah like a third world country for years, delivering the best service to the wealthiest neighborhoods while leaving cable lines dangling on the ground in the areas they don’t care about,” said Stop the Cap! reader Jenny Child, who has kept a folder of papers documenting more than a dozen service calls regarding poor Internet service at her small business.

“If it rains in Savannah, and it does so a lot, our Internet goes out,” Child complains. “We have called and called but the technician shows up when it is bright and sunny and shrugs his shoulders and says there is no problem.”

Child and her two employees now handle their online business activities based on local weather forecasts.

“If the man says we’re getting rain today, we handle our Internet things real quick, because as sure as I’ll be in church on Sunday, we won’t have service after the first drops fall from the sky,” she says.

Child keeps calling Comcast when her Internet service drops out, but long hold times to reach the company’s outsourced-to-India customer service department have cut into her business.

“I can’t be sitting here on hold with Comcast for 45 minutes waiting for some representative’s nails to dry so she can pick up the phone and deal with customers,” Child complains. “It’s the biggest cable company ever, and don’t they own NBC? How many people do they have working there that they can’t answer the phone. Maybe everyone else is calling to complain too.”

Comcast’s Business Broadband Blockade Prompts Whining When Potential Competition Shows Up

While fielding complaints from more than 50 local residents at a second meeting held to address complaints, Comcast executives questioned whether the city of Savannah was giving favorable treatment to Hargray, a new entrant pushing to bring 21st century broadband into the city of Savannah for businesses Comcast has refused to serve for years.

Comcast complained they didn’t mind competition, but wanted “a level playing field,” a statement that prompted an immediate and angry response from some members of the city council, who blasted the cable company for its attitude.

Aldermen Tony Thomas, John Hall, and Tom Bordeaux all noted Comcast has steadfastly refused to wire many downtown business buildings for cable broadband service, despite years of requests.  Comcast claimed the relatively low number of customers did not justify the cost to expand the service.

All three could not understand why Comcast had a sudden urgency to complain about unfair treatment when a competitor sought to provide the service they never did.

“If [Comcast] did not want to offer that service previously and someone else is coming in to provide the service, where is the sticking point?” Thomas said.

Bordeaux was more blunt in his remarks intended for Comcast.

“Tell them to sue us,” he said.

In contrast to service from AT&T and Comcast, which often markets 3-6Mbps broadband in Savannah, Hargray’s fiber broadband project will deliver speeds up to 1Gbps, first to business customers. But the company promises it is considering selling to residential customers as well.

Great Deals, But Only for “Selected Neighborhoods”

As Comcast’s bad press has become fodder for the nightly newscasts on several of the city’s television outlets, Comcast literally took to the streets to try and mitigate their public relations nightmare. In the process, they created a new one.

Councilman Tony Thomas is happy Comcast is approaching upset customers and offering them substantial discounts on their cable bill.  But he’s not happy Comcast is only extending those deals to certain customers, not all.

Thomas wants the deals offered to everyone, something that he says is not happening today.

Andy Macke, Comcast’s Vice President of Communications counters, “All they have to do is call 1-800-COMCAST and they will hear the same deals that the same people are getting from those reps going from door to door.”

“Comcast’s attitude in Savannah is see no evil, hear no evil,” says Jeff White, a Comcast customer who has watched the scuffle. “They don’t even admit there is a problem until it runs on the evening news and city council waves 150 complaints they are getting at the camera — the ones Comcast ignored.”

Macke himself told WJCL-TV, which has covered the dispute with Comcast repeatedly, he was “unaware of the extent of the concerns that our Savannah customers had with us.”

Despite promises to make things right, Alderman Thomas says many complaints are still unresolved.

“We were told that all of those folks had been contacted and that their problems were being worked on. I have since found a few of these people [who] have had no contact whatsoever with Comcast,” Thomas told the TV station.

“Under no circumstances should City Council let the situation with Comcast get pushed under the rug,” one person wrote in the Vox Populi column in the Savannah Morning News. “We the people need help!”

No Help On the Way

Unfortunately for that reader, and other Savannah residents, an attempt by Savannah city officials to attract competing cable service has met with no success and no interest.  Cable operators almost never compete head to head, each respecting the service areas of fellow providers.  Hargray’s interest in Savannah is primarily serving business customers, and the option for municipal service may not be possible much longer if a bill supported by Comcast, SB 313, ever becomes law.

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A compilation of news reports from WJCL, WSAV, and WTOC exploring Comcast’s performance problems in the city of Savannah, Georgia.  (15 minutes)