Data caps protect incumbent big studio and network content creators at the expense of independent producers and others challenging conventional entertainment business models.

That was the conclusion of several writers and producers at a communications policy forum hosted by Public Knowledge, a consumer group fighting for an open Internet.

A representative from the Writers Guild of America West noted that cord-cutting paid cable TV service has become real and measurable because consumers have a robust online viewing alternative for the first time. John Vezina, the Guild’s political director, noted how Americans watch television is transitioning towards on-demand viewing.

New types of short-form programming and commissioned series for online content providers like Netflix are also changing the video entertainment model.

Welch: It is about the money.

But a digital roadblock erected by some of the nation’s largest broadband providers is interfering with that viewing shift: the data cap.

Data caps place artificial limits on how much a customer can use their Internet connection without either being shut off or finding overlimit fees attached to their monthly bill. Critics contend usage caps and consumption billing discourage online viewing — one of the most bandwidth intensive applications on the Internet. With broadband providers like Time Warner Cable, AT&T, Verizon, and Comcast also in the business of selling television packages, cord-cutting can directly impact providers’ bottom lines.

Providers have traditionally claimed that usage limits are about preserving network resources and fairness to other customers. But Time Warner Cable admits they exist as a money-making scheme.

Rachel Welch, vice president of federal legislative affairs at Time Warner Cable, says the cable company is not worried about limiting data consumption. It considers monetizing that consumption more important.

“We want our customers to buy as much of the product as possible,” Welch told PC World. “The goal of companies is to make money.”

Time Warner now offers customers a choice of unlimited service or a $5 discount if customers keep their monthly usage under 5GB, but some worry that is only a prelude to introducing expanded usage limits on a larger number of customers in the future.

For many consumers already hard-pressed by high broadband bills, worrying about exceeding a data allowance and paying even more may keep viewers from watching too much content online.

For that reason, Vezina called data caps “anti-innovation.”

“It hurts consumers [and] it hurts creators who want to get as much out to the public in as many ways” as possible, he said.

Public Knowledge has become increasingly critical of data caps in the last two years. The organization has questioned how ISP’s decide what constitutes a ‘fair’ usage limit and criticized inaccurate usage meters that could potentially trigger penalties and overlimit fees.

AT&T and Verizon have forced some of their customers to abandon DSL service in favor of fiber upgrades that are sometimes not actually up and running or leave customers with no phone service during power outages.

Wall, N.J. resident James Hallock found his DSL service suddenly stopped working earlier this month, so he called Verizon Communications to get service restored.

“A Verizon tech explained that the service was no longer being offered,” Hallock said.

The termination of his DSL service came with no prior notification, complained Hallock, and Verizon told him his only way back to broadband with the phone company was a forced upgrade to a more costly FiOS package that included phone service that won’t work during power outages.

“In the last outage I saw, people were out of electricity for weeks,” Hallock told the Asbury Park Press in an email. “I don’t believe it’s true that we have to give up traditional phone service, but try spending hours on the phone with Verizon to find out.”

Verizon spokesman Lee J. Gierczynski told the newspaper, “We don’t discontinue a customer’s service without notification, so we’ll have to find out more about what specifically is going on with this customer.”

But Verizon’s CEO says the company is embarked on a plan to rid itself of its copper wire network, especially where FiOS fiber exists.

“Every place we have FiOS, we are going to kill the copper,” Verizon CEO Lowell McAdam told attendees of an investor conference last year. “We are going to just take it out of service. Areas that are more rural and more sparsely populated, we have got LTE built that will handle all of those services and so we are going to cut the copper off there.”

Jackie Patterson, another Verizon customer, found her DSL service suddenly stopped working on Christmas Day.

“Verizon said that they were discontinuing the service and we had to get FIOS Internet (no more DSL) and FiOS phone service,” Patterson said. “I liked the idea that we still had phone service during blackouts — like during Sandy — but now we won’t be able to have that with FIOS.”

AT&T has been doing its part to cut off DSL customers as well. One AT&T customer reported her AT&T DSL service was suddenly terminated without notice in October, 2012 because her neighborhood was scheduled to be upgraded to U-verse, AT&T’s fiber to the neighborhood service. Five months later, AT&T’s U-verse network is still not available, despite the “forcible upgrade,” and nobody at AT&T can tell when it ultimately will be.

“It’ll be resolved on February 22nd,” AT&T promised back in December — two months after Brie’s service initially went dead, she tells The Consumerist.

“A representative showed up today to complete our installation,” complained Brie. “Guess what he found? The lines outside aren’t working. And guess what he told me? He’d talk to his manager. He’d escalate it. He’d get engineering out. He didn’t know how to fix it. He couldn’t tell me when or how or what needed to be done and no timetable as to when the work would be complete.”

Unfortunately for Brie, switching to the local cable company isn’t an option – it doesn’t offer service to her home.

General Motors announced Monday it was planning to introduce built-in 4G wireless connectivity from AT&T in OnStar-enabled vehicles starting with the 2015 model year, gradually ending a relationship GM has maintained with Verizon Wireless since 1996.

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The deal is part of AT&T’s aggressive expansion into the wireless connected-vehicle world and could enable streaming video and other bandwidth-intensive services not now supported by GM’s agreement with Verizon.

OnStar currently relies on Verizon’s CDMA digital network to provide a car phone and slow speed data network to share vehicle diagnostics and enable certain remote functions. Current vehicle owners can continue to use OnStar services delivered over Verizon’s wireless network. But starting in mid-2014, most new Chevrolet, Buick, GMC and Cadillac models will be equipped with AT&T 4G LTE service instead. In Canada, OnStar will continue to rely on Bell Mobility.

New GM vehicle owners receive one free year of OnStar’s basic service, which includes automatic collision notification, stolen vehicle and roadside breakdown assistance, remote door unlock, remote horn and light flashing to find a vehicle, remote vehicle diagnostics, and a built-in speakerphone that can be used to make or receive calls (after an initial trial, customers must buy additional minutes). Some newer GM models also allow OnStar staff to slow down a stolen vehicle and even disable it. After one year, the basic Safe & Sound package can be continued for $18.95 a month ($24.95 in Canada). Drivers that want to add turn-by-turn navigation pay $28.90 a month ($39.90 in Canada), which also includes all the basic features offered in the Safe & Sound package.

OnStar has traditionally only offered limited interactive data service with its telematics system, mostly powered through spoken voice commands. The new agreement with AT&T could mean your next GM vehicle will become a roving hotspot, powering smartphones, laptops, built-in televisions, and various in-car apps that need a 4G data connection to work well.

AT&T expects expansion into wireless in-car communications will be highly lucrative at a time when smartphone sales are starting to slow. There is no word on the cost for the AT&T-enabled version of OnStar, but prices will likely be higher than traditional OnStar service plans, and will vary depending on the amount of data consumed.

“We’re sitting on the greatest growth opportunity in history,” Ralph de la Vega, CEO of AT&T Mobility said in an interview with CNNMoney. “With Mobile Share, we don’t care so much anymore about what you’re doing on the network … but all those things like cars and home security are where the monetization opportunity is.”

In its latest annual Visual Networking Index, Cisco predicts by 2017 the average American will use a total of 6.2GB of data per month on various mobile devices. Last year, consumers used an average of 752MB. At current AT&T pricing without an unlimited data option, the average customer will pay at least $40 more per month in data use charges within four years.

AT&T’s rush into vehicle connectivity, home security, and wireless machine-to-machine communications will also place more burdens on AT&T’s network at the same time the company is complaining about spectrum shortages.

Ford Motor says GM’s OnStar system has one significant flaw: it lacks an upgrade path. GM vehicle owners are stuck with the technology that comes built-in with the car. Historically, that has been a problem. In the early 2000s, OnStar customers with older analog-only service lost access to OnStar completely when Verizon dismantled its analog wireless network. More recent GM vehicle owners are frustrated to find the newest OnStar features are only available to the most recent new buyers. Vehicles as little as 24 months old are still unable to use OnStar’s smartphone app, which enhances the value of OnStar for subscribers.

Ford says it will stick with its SYNC system, developed with Microsoft, which links the owner’s smartphone with the vehicle using Bluetooth. Users upgrading a phone can continue to use Ford SYNC by pairing the new phone with the in-car system, bringing along any new features like faster data connectivity.

The Kansas House of Representatives voted 118-1 to pass a bill they admit was written and pushed by the largest telecom companies in the state. The chief supporters all received campaign contributions from AT&T and other telecom interests.

Kansas’ House of Representatives voted 118-1 Monday to support a bill largely crafted by AT&T that will let the state’s largest phone company discontinue service at-will in rural areas of the state.

H.B. 2201 had near-universal support from legislators that openly admitted the legislation was conceived and written by the state’s largest telecommunications companies, chiefly AT&T, and grants the phone companies a third round of deregulation.

The legislation is expected to sail through the Kansas Senate with bipartisan support and Republican Gov. Sam Brownback, who generally favors telecom deregulation, is likely to sign it.

The legislation was originally pushed as a money-saver for Kansas ratepayers. The bill calls for a major reduction in funding requirements for the Kansas Universal Service Fund (KUSF), which subsidizes rural telecommunications services in the state. The KUSF is principally funded through a surcharge found on customer bills. Under the terms of the bill, funding requirements will be drastically reduced, cutting the surcharge in the process.

The Kansas Citizens’ Utility Ratepayer Board testified if H.B. 2201 only contained KUSF reform, the group would have supported the measure. But the bill also has a myriad of deregulation measures that received little apparent attention by legislators:

1. H.B. 2201 eliminates quality of service requirements. AT&T and other phone companies can deliver any level of phone service they choose with no oversight and nobody to answer to;
2. Allows price discrimination based on geographic location, which could mean substantially higher phone rates in rural areas, especially for nearby toll calls;
3. Allows telecom companies to exit the Lifeline program for inexpensive service for the poorest Kansans after 90 days written notice;
4. Removes AT&T and other phone companies as “carriers of last resort,” which means they are no longer required to provide phone service upon request.

The elimination of the “carrier of last resort” provision is essential to AT&T’s plans to abandon rural landline service, forcing customers to buy substantially more expensive cellular phone and data service. With the passage of H.B. 2201, AT&T can notify rural Kansas customers it will drop their landline service and/or broadband at-will.

Siewert

The single “no” vote came from freshman Rep. Larry Hibbard, (R-Toronto), who noted landline service was essential in many rural areas. Hibbard worried AT&T would use the legislation as an excuse to raise rates or force elderly Kansans to use a wireless cell phone, which could prove too confusing for them.

“This bill may come back to haunt rural Kansas,” Hibbard warned.

“We have this mentality, ‘if I don’t have a wire, I can’t make a phone call.’ That’s not true,” countered Rep. Scott Schwab, an Olathe Republican who supports the bill. “That copper line is being replaced with an antenna, and it’s more reliable.

“We are not killing Lifeline,” Schwab added. “We are just not mandating it.”

Other supporters were far more sanguine, even disclosing the substantial role telecom companies had getting the legislation written and shepherded through the House.

“This was an industry bill that they all worked very hard” to put together, admitted Rep. Joe Seiwert (R-Pretty Prairie) during a House Republican caucus meeting. “[This bill] puts legislators in an easier position of not having to ‘choose between friends.'”

Kuether

Seiwert, for example, did not have to disappoint his largest campaign contributor — AT&T — or others who donated to his campaign, including the Koch Brothers, Cox Communications, CenturyLink, Verizon, and the Kansas cable lobby.

Rep. Annie Kuether of Topeka, who is the ranking Democrat on the Utilities and Telecommunications Committee, also supported the bill. Kuether is the recipient of campaign contributions from AT&T, Cox Cable, Time Warner Cable, Kansas cable and telephone company PAC groups, and more than a dozen independent telecommunications providers doing business in Kansas.

For ordinary Kansans, the bill does not assure savings, and could lead to dramatic price increases, especially in rural areas forced to pay for cell service. The measure also eliminates the Kansas Corporation Commission as a last resort for customers with service problems that go unresolved. Those customers would be on their own after the bill becomes law.

Legislators did not see any incompatibility between the proposed bill and Kansas state policy, set forth in Statute 66-2001:

It is hereby declared to be the public policy of the state to:

(a) Ensure that every Kansan will have access to a first class telecommunications infrastructure that provides excellent services at an affordable price;
(b) ensure that consumers throughout the state realize the benefits of competition through increased services and improved telecommunications facilities and infrastructure at reduced rates;
(c) promote consumer access to a full range of telecommunications services, including advanced telecommunications services that are comparable in urban and rural areas throughout the state;
(d) advance the development of a statewide telecommunications infrastructure that is capable of supporting applications, such as public safety, telemedicine, services for persons with special needs, distance learning, public library services, access to internet providers and others; and
(e) protect consumers of telecommunications services from fraudulent business practices and practices that are inconsistent with the public interest, convenience and necessity.

The Associated Press notes this is AT&T’s third trip through the state legislature to win deregulation. A 2006 state law deregulated prices for bundles of services that included wireless, Internet access, cable TV or other video and moved toward deregulating rates for local service in exchanges where competition existed. A 2011 law went further, allowing companies to avoid most state price caps. This year’s bill would allow those companies to avoid even the Kansas Corporation Commission’s consumer protection regulations and minimum quality-of-service standards.

If an unexpected technician arrives on your doorstep without proper ID, keep them outside. When in doubt, call authorities.

Phony AT&T workers ransacked a metro Oklahoma City home earlier this month looking for cash and jewelry while distracting the homeowners with stories of network upgrades and repairs designed to improve service. Instead, the crooks improved their personal jewelry collection and bank accounts.

At least three men were in on the scheme. The first two, both wearing jumpsuits, rang the doorbell of the elderly homeowner claiming they needed access to her property to complete work in the neighborhood.

“[They said we’d have] less static and our lights wouldn’t dim, all these other wonderful things, that our bills would be less because we’re using so much electricity just to keep the phone system going,” or so the story went, according to the daughter of the homeowner who was also at home at the time.

Bizarrely, the workers instructed they turn off all the lights and the television inside the home so work could proceed, and both women were then lured outside to keep them distracted.

A third “employee” later joined the pair, but just as quickly disappeared. More about him in a moment.

About 30 minutes later, the “work” was complete.

“After they left we came back into the house, and that’s when we discovered somebody else had been in the house and ransacked the bedroom looking for things,” the women said.

In all the thieves walked away with an heirloom wedding ring and at least $300 in cash.

“It makes you feel very vulnerable,” the woman told a reporter from KWTV. “It makes you feel like, ‘why didn’t I see what was going on here?'”

It is not the first time phony telecommunications company workers have gained false entry into customers’ homes. AT&T says it does not dispatch technicians without proper identification, plainly visible and available for inspection when requested.

If technicians suddenly arrive on your doorstep without warning, ask them to produce identification and contact the provider for verification. If in doubt, keep them out and call authorities.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KWTV Oklahoma City Thieves Pose As ATT Workers, Ransack OKC Family’s Home 2-3-13.mp4[/flv]

KWTV in Oklahoma City talked with two women who were victimized by phony AT&T technicians who claimed they were there to improve service. Instead, the men robbed their home.  (2 minutes)