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.

Windstream has announced the increased broadband investments that expanded DSL service to about 75,000 more homes and businesses and brought fiber connections to cell towers are nearly complete and the company intends to dramatically cut spending on further enhancements by the end of 2013.

Jeff Gardner, Windstream’s CEO, told investors on a conference call last week the company’s highest priority in 2013 is preserving its current dividend to create value for shareholders. Not on the priority list: improving broadband infrastructure to support video streaming services, further expanding broadband in areas it now bypasses, and boosting the quality of service it delivers to current customers.

Gardner called the company’s increased investment in 2011 and 2012 a result of “finite opportunities that provide[d] attractive investment returns.”

But most of that spending will come to an end next year.

“We expect to substantially complete our capital investments related to fiber to the tower projects, reaching 4,500 towers by the end of 2013,” said Gardner. “In addition, we will finish most of our broadband stimulus initiatives […] to roughly 75,000 new households. As we exit 2013, we will see capital spending related to these projects decrease substantially.”

That could be bad news for communities in places like Wayne County, Mo., which suffers with inadequate broadband from the company. In some areas when local broadband traffic reduces DSL speeds to a crawl, area businesses are occasionally forced to shut down for the day.

Broadband and business services now account for 70% of Windstream’s revenue, but it has come with a price: increased investment, that Wall Street considers negative to the company’s value. To satisfy analysts and shareholders, Gardner made it clear improving the balance sheet is a major priority. He said he will continue to direct excess free cash flow first to preserve the company’s shareholder dividend, and then direct much of the rest to debt repayment.

That does not mean Windstream will end all investments in its business. The company now spends 12.4% on ongoing capital investments and will continue to do so, but much of the spending will cover network upkeep and supporting more profitable business services.

“Over the last four years, our acquisitions have been very targeted on businesses that are growing in the strategic growth areas that we’re focused on, and we’ve really changed the mix very significantly here, away from the consumer business toward the enterprise space, and I think that puts us in a very different position with respect to the stability of our revenue and OIBDA over time,” Gardner added.

Windstream plans to bring back its “price for life” promotion this year.

Gardner noted Windstream is well-positioned to take advantage of the fact it has few competitors, which reduces pressure to invest and improve its networks to stay competitive.

“Our residential customers remain concentrated in very rural areas where there is less competition, which has contributed to a more stable consumer business,” Gardner admitted.

He added that those rural customers will have to rely on the company’s satellite partner Dish Networks for video services. Windstream will not build a “capital-intensive facilities based technology” to support online video. In contrast, CenturyLink has invested in Prism, a fiber-to-the-neighborhood service in several of its larger markets, to offer triple play packages of broadband, phone, and cable TV. Windstream has no plans to follow.

Despite investments in 2011 and 2012 to improve broadband service and speeds, Windstream’s DSL services have not kept up with its cable competitors.

During the last quarter, Windstream lost 2,000 broadband customers and 23,000 consumer voice lines (a 4.5% decline year over year).

To stem the tide of customers moving away from the phone company, Windstream is trying to sell value-added Internet support services, online backup, and faster speeds to maximize profitability. It will also add new customers made possible from federally funded broadband stimulus projects.

Windstream customers can expect to see increased promotional activity this year to win or keep their business:

• Covering the costs of switching from another provider to Windstream;
• A return to the “price for life” promotion, which promises stable rates as long as a customer stays with the company;
• A substantial introductory discount on satellite TV when bundled with Windstream’s own services.

Do you ever wonder why your local cable system suddenly decided to begin carrying barely known networks like Centric, Logo, Palladia, and a dozen other channels you can’t recall ever watching even as providers perennially complain about “increased programming costs?”

The cable dial has gotten increasingly crowded with secondary cable networks that usually occupy three digit channel numbers somewhere in cable dial Siberia, unlikely to be encountered by anyone other than the most hearty channel surfer.

Welcome to the cable network racket, run by the corporate owners of popular cable networks that allegedly force cable operators to also carry (and pay for) lesser-watched networks as part of a broader carriage deal.

Today, Cablevision filed an antitrust lawsuit against Viacom in Manhattan federal court for illegally forcing the cable company to carry and pay for more than a dozen ancillary cable networks it claims customers don’t want, just so Viacom will sell access to popular cable networks including Comedy Central, MTV and Nickelodeon.

“The manner in which Viacom sells its programming is illegal, anti-consumer, and wrong,” Cablevision indicated in a prepared statement. “Viacom’s abuse of its market power is not only illegal, but also prevents Cablevision from delivering the programming that its customers want and that competes with Viacom’s less popular channels.”

Cablevision argues Viacom is hostile with cable operators who don’t want these add-on channels, coercing carriage agreements by threatening “massive financial penalties” or exclusion of popular channels altogether until operators sign up for the majority of Viacom networks.

Cablevision’s complaint asserts that Viacom is engaged in a “per se” illegal tying arrangement in violation of federal antitrust laws. Cablevision also claims Viacom has engaged in unlawful “block booking,” a form of tying  conditions on the sale of a package of rights to the purchaser’s taking of other rights.

Cablevision is seeking a number of remedies including voiding the carriage agreement Cablevision signed with Viacom just last December, a permanent injunction banning Viacom from making carriage agreements conditional on adding other networks, and financial relief in the form of damages and legal costs related to bringing the suit.

Yes

Viacom-owned networks customers actually want:

• MTV
• MTV2
• Nickelodeon
• VH1
• Spike
• TV Land
• Comedy Central
• BET

What?

Viacom’s 14 extra networks you may have never heard of and may not want to pay for:

• Centric
• CMT
• MTV Hits
• MTV Tr3s
• Nick Jr.
• Nicktoons
• Palladia
• Teen Nick
• VH1 Classic
• VH1 Soul
• Logo
• CMT Pure Country
• Nick 2
• MTV Jams

Viacom issued a statement minutes ago claiming it would “vigorously defend this transparent attempt by Cablevision to use the courts to renegotiate our existing two-month-old agreement.”

Viacom argues it does not force operators to carry any of its networks, but admitted it does offer financial incentives in the form of lower prices when operators agree to also carry its lesser-known networks. Viacom said that it had “long offered discounts to those who agree to provide additional network distribution.”

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.