Phillip "I've heard this all somewhere before" Dampier

Shaw Communications today suspended its Internet Overcharging scheme as Canada’s firestorm over Internet Overcharging continues.  Western Canada’s largest cable company is taking a page from Time Warner Cable’s 2009 failed playbook and promising a ‘listening tour’ to “hear the views” of their customers on the subject of usage-based billing.

Evidently, the half-million Canadians signing Openmedia’s petition rejecting this kind of pillage pricing out of hand isn’t sufficient, nor are polls showing overwhelming opposition to the end of flat rate usage plans in the country.  So in a bold PR move, Shaw is throwing the doors open to listen to their customers.*

It’s all just wonderful….  Hey, wait a minute.  Is that a speck on my monitor?  What is that spot at the end of the sentence up there?

Uh oh, it’s an asterisk.  I’d better scroll down to find out what that is all about:

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Are you still with me?  We’re on a tour of our own….

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This part of the tour is brought to you by Shaw.

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(*- If you want to be involved in the discussions, which are being held face to face – then you’ll need to email [email protected] to ask for an invite.  Use “Please send me an invitation to attend the Internet usage discussion” as the subject line.)

Oh.  You have to be “invited” to attend.  Because I need permission to speak my mind about Shaw’s overcharging schemes.

Yes folks, it’s all very reminiscent of the Tweeting Trio at TWC back in 2009, who promised us they’d value our feedback, right up until we learned they deleted it, unread.

It’s really quite simple.  The overwhelming majority of Shaw customers are already paying good money for the service they receive today, and they don’t want to pay a penny more.  Shaw is not hurting financially — Internet Overcharging just adds more sugar to the quarterly financial reports.

But Shaw persists in writing replies like this to those writing them on the subject:

Thank you for your interest in voicing your opinion over this controversial topic.

We will be posting a detailed signup form within the next week or so once we get venues arranged. Times will also be posted once venues are established. At this point in time though, only customers like yourself will be invited to attend. Please check back on the 14th of February (Monday) for the posted meeting dates and times. The site to visit will be: http://shaw.ca/Internet/New-Data-Usage/

In its current form, UBB has been put on hold until we can determine the more customer friendly approach to this topic. It will still be rolling out as the objectives are the same – increase overall effectiveness of the network, manage the high users, and improve overall functionality/customer experience with our products. As the current model has caused all kinds of backlash from our customer population, your input as to what would make the process amicable to you would be appreciated.

If you have any other questions or concerns, please don’t hesitate to contact us.

Cheers,

Neil – Rep 7368

eCare Team

Shaw Cablesystems GP

The “customer friendly approach” to Internet Overcharging is not to engage in it.  The “signup form” and meeting dates provide Shaw with a nice list from which to handpick those selected to attend.  What they’ll be treated to is a circus of slides showing why Shaw simply must overcharge Canadians for their Internet service.  There is no surprise why ordinary citizens have caused all kinds of backlash.  These wounds are self-inflicted.

A better idea is to set up an independent debate on the subject, say with representatives from Shaw and Openmedia.ca and let the truth prevail.  Throw the doors open to anyone who wants to attend.  If Shaw wants to really listen, let them hear.

Unfortunately, I fear Shaw is not in a listening mood, otherwise they would scrap their usage based billing schemes and deliver quality service at a fair price, no invitation required.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Raines Broadcasting CRTC Editorial 2-2-11.flv[/flv]

Chris Raines from Raines Broadcasting offered his take on Usage-based billing and Canada’s telecom regulator in this commentary.  Raines calls Bell, Rogers, and Shaw bad actors in Canada’s broadband marketplace, caught throttling and overcharging their customers. (3 minutes)

Gary McCallum, a Shaw customer in Edmonton, Alberta, has received word his broadband service is about to get more expensive — a lot more expensive.

“Holy crap, it’s like text messaging [bill shock] all over again when your broadband bill arrives and you are now looking at hundreds of dollars instead of the $40 or $50 you used to pay,” McCallum told CTV News.

McCallum, and other designated “heavy users,” are receiving letters in the mail from Shaw notifying them they have been exceeding the company’s declining usage limits imposed on its broadband service.  If they exceed the limits again, they may be subject to penalty fees of as much as $2 per gigabyte.

“I’m upset about the backdoor tactics,” McCallum complains.  “They keep it secret and then lambaste you later.”

Most Shaw customers will be forced to confine their usage to 60GB per month, the limit on the company’s most popular broadband plan.  If they don’t, after some warning, they’ll pay a stiff fine.  Just 20GB of overlimit usage will more than double the average customer’s broadband bill, currently around $37 a month.

A house full of teenagers watching Netflix or downloading files could cost far more than that.

Company officials deny the potential revenue bonanza is unjustified.

Customers who use more will pay more, admits Terry Medd, vice-president of operations for Shaw Communications in Calgary.

“It’s video over the Internet that’s driving a lot of this cost,” he said. However, most Shaw Internet customers won’t hit their caps, Medd claims, suggesting it should affect fewer than 10 per cent of customers.

“The average user consumed about one-third of what the cap is. In other words, we’ve set the caps at three times the average usage. For the average user, there’s no concern here,” Medd said.

However, Shaw recently reduced their usage caps on virtually all of their Internet plans, making it more likely customers will be snagged by overlimit fees.

Some customers want to know what they will get if they use far less than their plan allowance.

Don McGregor believes Shaw’s plan to charge Internet users for the data they use is fair and equitable, so long as those who use less than the allowance get a break on their bills.

“Shaw should plan on refunding fees for any use of data below the contracted amount,” the Edmonton resident wrote in a letter to the editor published in the Edmonton Journal.  “Since 90 per cent of Shaw’s subscribers use less than the full GB capacity they pay for, I am sure these subscribers’ refund cheques are in the mail.”

Don, like other Canadians, is about to learn Internet Overcharging is never about fairness or saving customers money.  It’s about charging customers more for the same service they used to receive for less, without any improvements.  ISPs will not provide true “usage pricing” for consumers because it would slash revenue from their broadband service.

But western Canadians need not be victims of Shaw’s overcharging.  Telus, which sells landline-based DSL service in British Columbia and Alberta says it has upgraded its facilities to accommodate usage demands and won’t expose customers to overlimit fee bill shock.

Telus offers a way out of Shaw's Money Party hangover

Although Telus’ website does show usage limits, company officials claim they are rarely enforced, and not at the subscriber’s expense.

Telus could make a significant dent in Shaw’s customer base by dropping them altogether, which will save the phone company from these kinds of  silly legal gymnastics in their FAQ:

Why do you call your service unlimited, when my monthly usage is limited?
We refer to TELUS High Speed as being unlimited because you get unlimited hours of monthly access.

If you do not want to play Shaw’s Internet Overcharging game, perhaps spending time with a new Xbox 360 would be better?  Telus is giving them away to qualified new customers signing up for service.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Edmonton Shaw Internet Overcharging 1-7-11.flv[/flv]

CTV News in Edmonton informs Alberta’s Shaw customers their broadband service could get a lot more expensive.  (2 minutes)

Shaw sets the bar lower.

Shaw Cable, western Canada’s largest cable company, has quietly lowered usage caps on virtually all of their broadband plans, while “forgetting” to change the date on their Terms of Service:

• Lite was 13GB, now increased to 15GB ($2/GB overages)
• High Speed was 75GB, now decreased to 60GB ($2/GB overages)
• Xtreme was 125GB, now decreased to 100GB ($1/GB overages)
• Warp was 250GB, now decreased to 175GB ($1/GB overages)
• Nitro was 500GB, now decreased to 350GB ($1/GB overages)

Shaw’s terms of service page documents changes implemented by the cable company and includes the revision date, changed whenever the terms change.  Not this time.  Blogger “Thewunderbar” documented Shaw left the revision date on the document unchanged, suggesting the cable company hadn’t made any adjustments to their service since July, 2010.  After publishing his piece, Shaw quietly updated their website to reflect the correct date.

Cable and phone companies in Canada have established a unique, unchecked duopoly.  They are systematically increasing prices while decreasing the amount of service provided to Canadian consumers.  Shaw’s decrease in usage limits comes with no corresponding price cut for Internet service.

At a time when Netflix streaming is attempting to make inroads into Canadian homes, broadband providers who also have interests in pay television (cable, phone or satellite) are working overtime to make sure no consumer believes they can safely cancel their cable-TV service and watch everything online.

Over the past four years, Canadian ISPs have embarked on a wide range of Internet Overcharging schemes:

• The elimination of flat rate, unlimited broadband service;
• The introduction of low usage allowances designed to trip up an increasing number of consumers leading to,
• The introduction of stinging overlimit fees for customers exceeding usage limits, at prices marked up from 500-5000 percent above wholesale;
• The introduction of speed throttles which artificially slow your broadband experience to speeds sometimes just above dial-up;
• The ongoing limbo dance of usage caps that decrease in size over time, exposing more consumers to overlimit fees, making them think twice about everything they do online.

Nobody has successfully monetized the broadband experience like Canadian ISPs have.  Even as their costs to deliver the service continue to rocket downwards, companies keep on increasing prices, exposing Canadian consumers to unwarranted bill shock from unjustified overlimit fees.  What does it cost Shaw per gigabyte?  An estimated 1-3 cents.  What do they charge you?  Up to $2.

It’s nothing short of a rip-off, and Stop the Cap! urges Canadian consumers to contact their member of Parliament and demand immediate action to ban these innovation-killing, job-retarding, unjustified overcharging schemes.

A firestorm erupted this week on Broadband Reports over news that Shaw Cable was turning its existing “soft” Internet Overcharging scheme into a “hard” system filled with usage limits and overlimit fees.  One of Shaw’s social media representatives tried to throw some water on the fire:

I’ve seen a lot of discussion here about the new policy, and quite a bit of inaccurate or incomplete information and speculation, so I’d just like to set all of this straight.

Essentially, the system works like this: your package includes an allowance for a certain amount of traffic. If you exceed that traffic for one billing cycle, you will receive a notice on your bill advising you of the fact. We also automatically activate your traffic monitor so that you can monitor your usage from that time forward.

Since the bill arrives, of necessity, after your billing cycle ends, we give you a cycle’s grace between the period when you exceeded and when we start charging. That is to say that if you exceed in billing cycle one, you’ll receive your bill part of the way through billing cycle two, and so we won’t start charging for excess traffic until billing cycle three.

As to how much bandwidth will cost, here’s how it works:

If you exceed your monthly traffic allowance, you’ll receive a bill for $1 per GB for Extreme and above, $2 per GB for High Speed and High Speed Lite. Considering how much media, etc, you can obtain in 1 GB, $1 is not expensive.

However, if you plan to exceed by a considerable margin, data packs are also available, and what these do is allow you to increase the traffic allowance by the following amounts:

• $5 for 10 GB
• $20 for 60 GB
• $50 for 250 GB

So this gives you the option to increase your monthly traffic allowance to meet your needs. It’s also considerably less expensive than the standard $1-$2 per GB rate.

The best part about the data packs is that you can apply them at any time up to three days before the end of your billing cycle. So if you discover that you’ve exceeded your included usage allowance, and still have three days to the end of the billing cycle, just give us a call (or chat) and ask that we add the appropriate data pack for you.

[…]I’ve seen some posts here suggesting that this new policy has been financially motivated to avoid upgrading our networks. That’s actually not the case. In fact, just a few weeks ago we increased the included usage for all of our services by 25%, just in time for NetFlix. If you want to think about it in financial terms, just consider how much more bandwidth the network would need to allow a 25% increase for every customer, and how much that kind of network upgrade would cost. It’s pretty clear that our motives are not financial. If they were, increasing the included usage would not be very sensible, would it? It would, after all, considerably reduce the number of customers exceeding their monthly traffic allowance, would it not?

I hope that this clarifies the situation, but if there are any questions, please do feel free to ask.

James – Shaw

Shaw tinkers with their Internet Overcharging scheme

In part, this rebuttal was also directed to Stop the Cap!, because we are actively participating in that discussion.  Shaw’s argument about usage limits and how the company’s implementation of them benefits their customers is familiar to many of our readers who fought off usage caps proposed by Time Warner Cable last year.  Somehow, the same company that sets unjustified limits and penalty prices on already-overpriced broadband service is doing customers a real favor by offering alternative pricing plans for heavier users that reduces war-crime profiteering to pickpocketing.

That’s logic Stalin might have appreciated, but most customers already burdened with high cable and broadband bills won’t.

Our response:

Don’t you just love it when Internet Overchargers always claim their new gotcha fees are never about the money?

“James” from Shaw offers a classic example of what happens when your broadband provider implements a scheme to boost your broadband bill and then claims it’s good news that the company has some options to keep those overlimit fees from stinging too badly.

When Internet Overchargers tell you it’s not about the money, it’s really ALL about the money.

Here's what happens when a third provider ruins a Canadian broadband duopoly

Who knew that an invisible border that makes unlimited Internet possible in Vancouver, Washington makes it impossible in Vancouver, B.C. Using Shaw’s argument, providers south of the border are headed straight for bankruptcy court while companies like Shaw barely hold on with “free usage upgrades” of existing limits.

But of course the financial reports for shareholders Shaw’s social media mavens don’t talk about tell the real story. Shaw enjoys considerable revenue from their broadband division thank you very much, and plans to do even better now that they can achieve ‘revenue enhancers’ from their enforced Internet Overcharging schemes.

That’s another way of saying Shaw’s Wallet Biters are back for more of YOUR money.

Whether it’s 20 cents per gigabyte (at least a 100 percent markup) or $2 (rape and pillage pricing), these schemes are hardly good news for Shaw customers. Indeed, if Shaw was truly concerned about saving their customers something under their cap ‘n tier regime, they’d deliver those “usage paks” to customers automatically instead of forcing them to call the company to add them when they go over the limit. If you remember to ask, Shaw gets extra profits they can take to the bank. If you forget, Shaw throws a Money Party on the extra high everyday overlimit rates.

What Shaw forgets to tell you is the cost to deliver increased usage and bandwidth to customers is ALWAYS dropping, and dropping fast. The price charged to move 10GB of traffic not too long ago moves 100GB today. So it’s hardly rough on Shaw to expand yesterday’s unjustified limit to today’s higher, still unjustified limit.

When one also considers yesterday’s “soft cap” is about to become tomorrow’s budget-busting “hard cap,” few Shaw customers are calling 1-800-FLOWERS to send a thank-you bouquet to Calgary.

Having been to Calgary, I know the people in Alberta and elsewhere across western Canada know a ripoff when they see one. They ask, “why is our broadband so overpriced and usage limited?” They wonder where the CRTC has been. They wonder why countries in Asia and even eastern Europe are now beating the pants off Canadian broadband with faster speeds at lower prices.

The fact is, Shaw pulls these overcharging tricks on their customers because they can. The broadband duopoly in Canada from cable and phone companies deliver punishing usage limits on Canada that are being banished in other countries around the world. Even notorious cappers like Australia and New Zealand are finally ridding themselves of broadband that is always capped, always throttled.

What would be sensible is that Shaw, a multi-billion dollar major player in Canada would plow some of their enormous profits into network capacity upgrades that can accommodate the needs of Canada’s growing knowledge economy, not inhibit its growth. Then, earn additional profits by selling even faster speed tiers and content customers can access over those networks.

Considering even Shaw admits only a small percentage of customers create traffic problem on their networks, it’s not hard to see the company’s new reliance on hard Internet Overcharging is designed to capture new revenue from those hitting their caps, thanks to the increasing number of broadband customers using their fast connections for high bandwidth content.

And hey — bonus: it also discourages those customers from even considering pulling the plug on their cable package to watch everything online.