Unlimiting the ways a cell phone company can limit your service.

MetroPCS pitches its 4G/LTE plans to customers looking to save money over the bigger players in the marketplace.  The upstart provider, based in Richardson, Texas, serves just over a dozen major metropolitan areas with no-contract plans that deliver lower prices in return for smaller coverage areas.  As larger providers heavily sell their “next generation 4G” networks, MetroPCS has also been promoting their own “unlimited talk, text, and web” 4G/LTE plan that offers an “unlimited” experience for $60 a month.  But there is a catch, only revealed when customers click the fine print link that opens the Terms of Use.  The document is a poster child for Net Neutrality, because it allows the company to block, throttle, prioritize, alter, or inspect any web content.

Here is what MetroPCS advertises:

Here is a selection of the Terms and Conditions which tarnish a great sounding deal (underlining ours):

You acknowledge and agree that the Internet contains Data Content which, without alteration, will or may not be available, or may not be providable to you in a way to allow a meaningful experience, on a wireless handset.

You acknowledge and agree that such alteration that MetroPCS may or will perform on your behalf as your agent may include our use of Data Content traffic management or shaping techniques such as, but not limited to delaying or controlling the speeds at which Data Content is delivered, reformatting the Data Content, compressing the Data Content, prioritizing traffic on MetroPCS’ network, and placing restrictions on the amount of Data Content made available based on the Agreement. You further acknowledge that MetroPCS may not be able to alter such Data Content for you merely by reference to the Internet address and therefore acknowledge and agree that MetroPCS may examine, including, but not limited to Shallow (or Stateful) Packet Inspection and Deep Packet Inspection, the Data Content requested by you while using the MetroWEB Service to determine how best to alter such Data Content prior to providing it to you.

If we notice excessive data traffic coming from your phone, we reserve the right to suspend, reduce the speed of, or terminate your MetroWEB Service. In addition, to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your web and data Service Plan usage is predominantly off-portal or otherwise not provided by MetroPCS during a billing cycle, we may reduce your data speed, without notice, for the remainder of that billing cycle. We may also suspend, terminate, or restrict your data session, or MetroWEB Service if you use MetroWEB Service in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

MetroPCS also wants customers to know their service is not intended as a home broadband replacement, and states it is only to be used for basic web services, including e-mail and web browsing and downloading of legitimate audio content.  Video streaming is naughty.

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A new consumer investigation by NBC’s Today Show found that AT&T may be systematically overcharging customers for their broadband usage, fleecing customers for countless sums in overlimit fees.  With no government oversight to guarantee usage measurements are accurate and fairly measure usage, customers have to take AT&T’s “word” for the accuracy of their billing, and now that the company has extended Internet Overcharging to its DSL and U-verse customers, AT&T could earn millions in ill-gotten gains if the claims of overestimated usage are true.  AT&T responded, claiming consumers have a misunderstanding of how data is consumed and billed.  NBC quotes AT&T as saying most customers who exceed their limits do not incur fees, which will come as quite a surprise to customers who are routinely billed $15 or more for excessive use charges on wireless plans.  Thanks to Stop the Cap! reader Scott for sharing the news.  (4 minutes)

AT&T, one of the country’s most profligate spenders on public policy lobbying, has pulled out all the stops pushing for Washington approval of its proposed merger with T-Mobile.

Bloomberg Government reports AT&T spent $6.8 million during the first quarter of 2011, more than 11 times more than its rival Sprint, which opposes the merger deal.  In fact, AT&T was the nation’s second biggest spender in lobbying dollars, just behind defense contractor Honeywell, which is trying to avoid Pentagon spending cuts.

Sprint’s much smaller lobbying effort had to make do with a budget of just $583,000 during the same period to push back against the telecom giant.

Also raising questions are reports from Bloomberg that AT&T CEO Randall Stephenson direct dialed Federal Communications Commission Chairman Julius Genachowski the weekend before the deal went public.  At the same time, former FCC Chairman Richard Wiley, today a lobbyist for T-Mobile, spoke directly with four of the five FCC Commissioners to directly lobby for the merger’s approval.

Sprint has been trying to beef up its own lobbying star power, recently adding Eddie Fritz, former head of the National Association of Broadcasters as one of their lobbyists.  Sprint has also hired several former high-level Congressional staffers and mid-level employees at the Justice Department, expected to help Team Sprint know how to apply the right pressure to the right people inside the FCC and Justice Department to reject the deal.  The merger hinges on the approval of both agencies.

Left off the speed dial — consumers, who cannot pick up the phone and reach FCC Chairman Genachowski while lounging in his backyard or enjoy lucrative employment opportunities open to government workers in the private lobbying sector.

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Bloomberg News breaks down AT&T’s lobbying and strategy for getting its merger deal with T-Mobile approved in Washington.  (2 minutes)

America’s broadband ranking has fallen once again, mostly at the expense of other countries who have accelerated service and speed upgrades above and beyond what is available in the United States.  That is the conclusion one can reach after reviewing the Federal Communications Commission’s second annual broadband report, delivered to Congress to fulfill obligations under the Broadband Data Improvement Act.

Through a combination of data from OECD broadband rankings and actual speed test results collected by the Commission, the FCC report notes American cities are at risk of losing the broadband speed race.

“This report compares data on average actual download speeds reported by a sample of consumers in a number of U.S. and foreign cities and finds that some large European and Asian cities exhibit a significant edge over comparable U.S. cities in reported download speeds, though reported speeds for some other international cities are roughly comparable to speeds in many U.S. cities,” the report concludes.

“The best currently available data set comparing the United States to other countries appears to be from the OECD, which collects data on various broadband deployment, adoption, and usage metrics and publishes rankings of its member countries. The OECD’s deployment data ranks countries based on particular technologies, rather than overall coverage. The U.S. ranking in these surveys ranges from 27th out of 30 in DSL coverage to 1st out of 28 in cable modem coverage.  The U.S. ranks 6th out of 16 in fiber-to-the-home (FTTH) coverage and 8th out of 29 in 3G mobile wireless coverage.”

Broadband Rankings (click to enlarge)

Most of the countries accelerating far beyond the United States in broadband speed and quality are in Asia and Europe, and many are upgrading their networks to fiber-based broadband.  As these fiber networks come online, the United States can be expected to fall further behind.

The cable industry lobby attacked the report's findings.

Just like last year, the Internet Service Providers turning in poor grades are rejecting the report’s conclusions.

“While the Commission’s headline proclaims that 20 million Americans are denied access to broadband, by that measure private investment has fueled the build-out of broadband networks to nearly 300 million consumers and is responsible for the jobs that flow from that investment,” said Michael Powell, president and chief executive of the National Cable and Telecommunications Association.  Powell used to oversee the FCC as chairman during the first term of the Bush Administration.

Another trade association with ties to the telecom industry, USTelecom, attacked the findings noting most Americans think their existing broadband service is good enough.

Walter McCormick Jr., USTelecom CEO, noted the FCC’s own report found that 95 percent of Americans have access to fixed broadband and 93 percent are happy with their service.

...so did USTelecom, another industry funded group

But McCormick says nothing about the speeds those customers receive, a bone of contention with the Commission.  As part of this year’s report, the FCC is increasingly relying on its own verifiable data about broadband speeds, collected through its SamKnows broadband speed test project.  The Commission has repeatedly noted that broadband speeds marketed by ISPs do not always match the actual speeds customers receive.

Speed tests comparing broadband performance in comparably sized cities found some sizable differences.

The data suggest that mean actual download speeds in some European and Asian cities are substantially higher than in comparably sized U.S. cities (e.g., 24.8 megabits per second (Mbps) in Paris and 35.8 Mbps in Seoul versus 6.9 Mbps in San Francisco, 9.4 Mbps in Chicago, and 9.9 Mbps in Phoenix). Some of the U.S. cities in our sample have higher speeds than some foreign cities (e.g., Chicago with 9.39 Mbps versus Rome with 5.6 Mbps).

The most significant reason for the disparity in speed is the technology used in each respective area.  Fiber to the home service traditionally delivers the fastest broadband speeds.  Cable broadband technology, common in the United States but less so abroad, is responsible for a great deal of speed increases in the United States.  Telephone company DSL and wireless are responsible for some of the slowest speeds, with rural DSL service commonly providing just 1-3Mbps service.  Many European cities still relying on DSL technology have upgraded to bonded DSL, ADSL2+, or VDSL service, which can significantly boost speeds.

Unfortunately, the report concludes, the faster the broadband service delivered, the higher the price — often out of proportion with other OECD countries.

Results […] suggest that U.S. stand-alone residential broadband prices are generally “in the middle of prices in OECD countries,” after accounting for speed, terms of service, data caps, and service delivery technology. Similarly, prices in the United States for business stand-alone broadband services were fourteenth out of 30 among the OECD countries. A paper by the Berkman Center for Internet and Society at Harvard University found prices for U.S. broadband with download speeds of around 768 kbps to be “very good” by international standards. However, as download speeds increase, the paper found that U.S. prices become more expensive than most other OECD countries.

Some providers unimpressed by the independent research accused the FCC of using biased and inconsistent research methods.  AT&T, for example, was unhappy with comparisons among U.S. cities and those of comparable size abroad.  They accused the Commission of not using “a well-defined or consistent methodology for choosing the ‘communities’ or offers.”  In fact, several providers suggested the Commission’s pricing comparisons ignored significant, albeit temporary, discounts some new customers receive, as well as discounts for bundled service packages.  Promotional pricing factors are acknowledged by the Commission, but the report notes the findings do attempt to collect real world pricing paid by actual customers.

For consumers in the United States, broadband envy is as close as the next news report highlighting broadband expansion efforts abroad.  Some countries are deploying 1Gbps broadband networks that deliver consistently faster speeds than American providers, at dramatically lower prices and without a usage cap attached.

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The morning news team at Fox affiliate KSAZ-TV in Phoenix were slightly in over-their-heads trying to cover the results of a satisfaction survey about cell phone companies.  Poor Kristin Anderson was coping with a personal AT&T crisis all her own — she lost her cell phone.  Her luck didn’t get much better when she tried to explore the survey’s results from the University of Michigan.  Instead of a slide ranking the winners and losers, viewers got a pop quiz question asking which country in the news is run by President Bashar al-Assad.  While you might have wanted to answer the Republic of AT&T, the correct answer is Syria.  AT&T scored rock-bottom in the survey with T-Mobile not far behind.  Among the major carriers, Verizon and Sprint tied for first place.  When asked which carrier scored the highest overall, the morning anchor team guessed Cricket.  Yes, Cricket.  (The correct answer turned out to be Tracphone, which is a prepaid reseller using other carriers’ networks.)  (4 minutes)