Rep. Eric Massa (D-N.Y.)

[Update: 12:45pm (Wednesday): I have been in touch with Jared Smith, Congressman Massa’s communications director and provided him some pointers and direction with the legislation Rep. Massa is drafting.  I also alerted him to the potential Federal Trade Commission issue involving Time Warner claiming they will also force Earthlink to impose usage caps.  We will now be able to stay in touch back and forth and hopefully make sure our issues are addressed in the forthcoming bill.  I also heard from our reader Ben, who reports from his conversation with Rep. Massa’s office that with public funding of broadband initiatives now one of the hallmarks of the Obama Administration, the public absolutely deserves leverage and far more control over this issue than the top-down “we propose and you accept and like it” approach Time Warner is using.  He is confident the legislation can be passed, particularly because of the timeliness of the issue coinciding with President Obama’s own interests in improving broadband infrastructure.  “Improving” does not mean rationing your access and throwing enormous overage fees on people, unless you are the one cashing the checks.  I think it will also be time to revisit the issue of public/municipal broadband projects.  There was little incentive to provide them in a fair and equitable marketplace, but it’s patently obvious that isn’t going to be the case much longer if caps are forthcoming.]

[Update 10:35am (Wednesday) : While we are still waiting for a copy of the bill, just a note to alert people to the fact his protest has made the news in most of the cities where this usage cap is being introduced, which is nice to see, especially as other cities begin pressuring their own congressional delegation to step up and get involved.  I am still compiling contacts.]

[Update 4:00pm:  I have just learned that Rep. Massa is drafting legislation to prohibit/ban this kind of capping.  I do not yet have any details about the bill’s language, or the legislative approach he is taking.  When I have a copy of the bill, I will be bringing it up here.]

Rep. Eric Massa (D-New York) today announced his opposition to Time Warner’s broadband Internet cap, calling it monopolistic and outrageous.

Massa said he will be taking a lead in Congress to oppose Time Warner’s move to impose limits on customers at a time when access to information is driving our economic recovery.  He accused the company of “stagnating 21st century technology needed to rebuild America.”

“Internet access is as essential to our economy as water is to our survival,” said Congressman Eric Massa. “With limited choices in broadband providers, and virtual monopolies in many market areas, I view this as nothing more than a large corporation making a move to force customers into paying more money. I firmly oppose capping internet usage and I will be taking a leadership role in stopping this outrageous, job killing initiative.”

Massa predicted that cell-phone style pricing of broadband would lead to a steep decline in Internet usage or else middle income families would see outrageous Internet bills.  He also expressed concern about sweeping First Amendment issues that are at stake from the artificial limiting of access to what has become an essential communications tool used by most Americans.

Massa represents New York’s 29th District which extends from the southern tier into the southern suburbs of Rochester.

Contact Rep. Eric Massa:

Washington DC Office
1208 Longworth House Office Building
Washington, DC 20515
Phone: (202) 225-3161
Fax: (202) 226-6599

Corning District Office
89 W. Market Street
Corning, NY 14830
Phone: (607) 654-7566
Fax: (607) 654-7568

Olean Office
317 North Union Street
Olean, NY 14760
Phone: (716) 372-2090
Fax: (716) 372-2869

Pittsford District Office
1 Grove St
Suite 101
Pittsford, NY 14534
Phone: (585) 218-0040
Fax: (585) 218-0053

Contact Eric Massa by e-mail

[Editor’s Note: Please be sure to thank Congressman Massa for taking a lead on this issue and for being among the first federal officials that has responded positively to our campaign!  We are making a difference, so also applaud yourselves for getting involved and fighting back!]

There is snow outside. Not enough to shovel, but still… how much more of this do we have to take?

In more bad news, you’ll find an article here from this morning suggesting that Earthlink is also going to be capped. How do we know? Because Time Warner’s corporate public affairs guy tells us so! So much for that Federal Trade Commission settlement back in 2000 that opened Time Warner’s network to competitors. Earthlink still has not called or written us back to give their side, even though we’ve left a bunch of messages at their corporate headquarters. It’s nice to know that Time Warner evidently gets to decide on Earthlink’s business plans. We’re going to have to wait awhile longer on this to find out exactly what is true here.

By popular request, the Alternative Providers list is now linked at the top of the page. At the moment, it’s a reprint of the article from last week on alternatives for Rochester area residents. I am still working on the other cities so hang in there.

Customers "want this": Broadband Reports covers Time Warner's propaganda campaign

Karl Bode at Broadband Reports has another great article up quoting from Time Warner Cable COO Landel Hobbs who came out the other day to praise the revolutionary thinking of Time Warner’s new ration-your-Internet plan.  It’s part of the grand propaganda effort underway at Time Warner to convince serfs customers that this is exactly the change they were hoping for.  Because when I think of people who are in touch with my needs and are just like me and my neighbors, I think of executives in the upper floors at Time Warner headquarters.  Yeah.

Beware cable companies bearing gifts.  How lucky we all are to benefit from this amazing plan!

There’s another great article this afternoon on the grand myth Time Warner’s corporate types are selling that people are clamoring to have their Internet accounts rationed away written by Karl Bode over at Broadband Reports.  Check it out.

We have our first contributing writer here this morning as well. A lot of you are asking me what more you can do to help. We need a lot of things. Writers to help post articles here, people who like to share news tidbits they’ve uncovered, and lots of data gatherers. I need to prioritize the fight back section work, and it’s slow going for me, especially for the other cities. If you want to help collect data on alternative providers and what their pricing, packages, and contact information is, that would be very useful, especially if you have experience using their services and can share insight on what people can expect.

Another area is figuring out who the movers and shakers are in other cities on this issue so we make sure we are linking to them and publishing their information.

If you are so talented, we could also use people to capture video clips from any future news coverage on this issue, and then upload them to Dailymotion or YouTube so we can embed them here. In fact, any video or other multimedia on this question containing original or new information is very welcomed.

If you are artistic or creative, we could use your help in creating things like protest banner ads, editorial cartoons, and I even have some ideas for some video web ads which could potentially get some free exposure in the media, but although I have that radio voice thing going, I’m inept in the artistic talent and video software department.

Basically, anything you think is missing here, want to have here, and especially that you can help make possible here I want to know about.

Please consider registering for an account and using the contact form to request more information about writing articles here and join the team!  It’s very easy to do, because I managed to figure it out.  If I can, you can too.

Lunch time…  I wonder if anything else is happening in the world;  I’ve lost touch since April 1st for some reason.

Imagine the following…

You are sitting down to watch your favorite show (if you have good taste perhaps it’s something like Battlestar Galactica or Fringe). Thirty minutes in at the mid-way point of the show a message box pops up on the screen, saying:

“Your monthly allocation of 150 hours of television viewing has almost expired. Additional blocks of 10 hours are available for the low price of $1 / 10 hours which will be reflected on your next bill.”

There are two buttons you can push at the bottom, one to turn off your TV and the other to accept the additional charges and continue watching your show.

For most people the above example would be absurd to the point of idiocy. Any provider trying to enforce such a policy would be laughed out of town and their competitors would be literally falling over themselves to sell you “unlimited TV viewing” at a similar price point.

Now, change your television usage in the above example to your Internet bandwidth usage and you have what is beginning to take shape in today’s broadband Internet market.

Several companies, including AT&T, Comcast and Time Warner Cable are either actively trialling so-called “metered broadband” in test markets or have rolled it out to all of their customers already. So what can you do about it if you are “lucky” enough to be in one of these test markets or instead use an ISP who has already enacted bandwidth caps on their users? Simple – tell them to take a hike.

Accepting smaller caps now in the hope that they will lead to higher caps later is something that the companies want you to do. By doing so you have already bought into their thinking that “caps = good” or, at the very least, “caps = bad”. The only way to ensure that this is a not a victory of degrees is to simply switch to another provider in your area, one that does not have any bandwidth caps. And when you call your original provider to cancel your service, make sure that you tell them that the bandwidth caps on their Internet service are the specific reason you are canceling.

Once enough people start doing this they will begin to get the message. At that point they will have a choice – they can either continue with their policy and have customers leave to go to other providers – OR they can draw a line in the sand, abandon the idea that they need to nickel and dime people and fall back into the good graces of the individuals who pay their wages, their customers.

The years 2008 and 2009 have seen many advances in the area of high-bandwidth HD content. Hulu offers literally hundreds of hours of television available online for free, most of it accessible with HD streams. YouTube is now also beginning to promote HD video on its site, and they are certainly not the only two providers doing this. HD high-bandwidth content is becoming more and more prevalent, but there’s no use in the content being out there if you cannot access it without incurring additional charges from your ISP. And as for digital distribution of software, games and applications purchasable on services like Stardock and Steam, they become much less attractive when you figure out that the $20 game is going to end up costing you closer to $30 by the time you have factored in your overage bandwidth charges for downloading your content.

The future will rest upon your shoulders. If you look the other way and think to yourself, “This isn’t so bad, I will never be close to the caps so it won’t affect me” and then a couple of years down the line find yourself paying overages to your cable or DSL provider then you can have no complaints. Instead, write now to your local municipal councilperson, your state representative or state senator and tell them why caps are a bad idea. Tell your friends and family, and have them tell their friends and their family, and so on.

Remember…

Only you can prevent forest fires, and only you can reject metered broadband.

Just say no!

[Editor’s Note: Ironheart is our first contributing author here on StoptheCap! This project is a joint effort, and we welcome those who would like to contribute their own articles for the site.  Please consider registering for an account and using the contact form to request more information about writing articles here and join the team!]

Another day, a new story.

It’s always nice when a vice president of public relations for Time Warner decides to speak for Earthlink. Of course, Earthlink itself has not been doing any speaking themselves on the corporate level despite several attempts to reach them.

Earthlink forced to cap its service because Time Warner said so?

Brad, one of our regular readers, has been engaged in an e-mail back and forth with the Time Warner crowd trying to sell the “benefits” of their Internet rationing plan, and finally got a one sentence answer to a question he had to raise repeatedly.

Q. Are the caps going to apply to Earthlink service riding your infrastructure?

A. “Earthlink customers will be included.”

Earthlink customer service agents have insisted Earthlink was not going to cap their service, but as we indicated last week, customer service representatives are only reading from instructions handed down by their bosses.  We wanted to receive direct confirmation from Earthlink before we could definitively assure our readers on the question of caps with this alternative provider.

If Earthlink has their own contract for a provisioned level of service from Time Warner, it will be interesting to see if there is any push back from Earthlink.  The presence of Earthlink on Time Warner’s network came about from a settlement with the federal government in 2000.  Under the terms of the settlement, Earthlink was supposed to be granted the freedom to set its own pricing tiers.  The New York Times reported on the agreement and its parameters.

After the AOL and Time Warner merger deal, the companies said they would allow competition on Time Warner’s cable systems. But rivals complained that the terms they offered in initial discussions were unusually harsh. For example, the companies demanded that other companies not price high-speed access lower than AOL Time Warner’s own service.

Mr. Betty of Earthlink said that Time Warner had eliminated many of those restrictions.

Under the proposed agreement, he said, Earthlink can buy high-speed access from Time Warner and resell it to Earthlink customers at any price it chooses on its own bill. In reality, he said, that Earthlink’s service will probably cost about the $40 a month that Time Warner now charges for Road Runner.

Interestingly, with Mr. Dudley now apparently speaking on behalf of Earthlink, this may open a new question that the Federal Trade Commission may want to answer.  If Earthlink is allowed to set its own pricing, why is Time Warner now telling customers Earthlink will be capping?

While this news is not an absolute confirmation of Earthlink’s policy going forward, I’d say it rings warning bells for customers who absolutely need cap-free Internet access.  Frontier under a Price Protection Agreement is looking more and more like the safest bet in Rochester, and we’re still compiling a list of alternate providers in other affected cities.

Meanwhile, customers of Earthlink might want to go to Earthlink’s website and conduct a “support chat session” and ask them again about caps, capture the text from representatives insisting there isn’t any, and hang on to them.  It may provide some useful leverage later on, and StoptheCap! would like to document this whole sordid affair.  Earthlink themselves may have a case before the FTC if their original agreement is now being shown to be worthless in practice.

As the usage cap is many months away from being implemented, you can still drop Road Runner and hop onto Earthlink for the next six months and pay $29.95 a month for service, which will save you at least $10 a month, and feel the satisfaction of not supporting Road Runner or Time Warner’s price gouging.

We will continue to ask Earthlink corporate officials to comment.

Talking Points

One of the grand mysteries of the entire “broadband can no longer be unlimited” argument is the incredible range of usage caps cable operators and telephone companies suggest are required to keep them from going the way of the U.S. auto industry.  Broadband providers doing capping will swear that their cap model is the only one that is “fair” and “protects consumers” and “allows us to make required upgrades.”  Once those arguments are recited in a unified chorus, corporate spokesfolks zig zag their way all over the place explaining why their 5/40/150/250GB cap is fairest of them all, while trying to ignore those providers who are quite happy and profitable with no cap at all.  The customer is the last person they ask, because they know the answer from most will be, “no cap at all.”

This bring several questions to the table:

• Can you provide us with the raw data that illustrates there is a major problem with the current unlimited broadband model and that it cannot sustain profitability except with usage caps?
• Can we obtain independent analysis of that data by a third party and/or put together a conference of business, public, and educational groups to consider new possibilities to deal with what is rapidly becoming a utility-type service?

The answers to those questions have been, by all major industry players, an emphatic “no.”  You are required to take their word there is a problem and their solution is the only one that works.  And, for that matter, take their word they have an infallible way to measure and bill for usage under a consumption based model.  You can independently verify your usage all you want, as long as you pay the bill they send you with their own usage measurement.

It’s not that we’ve been the only ones asking.  Broadband Reports has the same questions we do, and asked for the hard data to prove that flat-rate pricing is simply untenable going forward.  And here was their response:

“We’ve shared our analysis of our data. We’re not going to share raw data…just not going to happen.”

Okay then, I guess that settles that!

That provokes us to first ponder whether there actually -is- a crisis in the flat rate broadband industry at all?  A press release or a claim by a company official isn’t evidence of anything.

Assuming we will never get a satisfactory answer to that question, how about these:

• Why can a company like Time Warner be unable to survive with flat rate pricing in Rochester, Austin, San Antonio, and Beaumont, but can deliver faster speeds with no cap in cities where they face strong competition from uncapped providers?
• If the company was interested in an honest assessment of marketplace reaction to usage caps, why not test in communities with the most robust and challenging competition?
• Why should customers not be deeply offended for being involuntarily turned into guinea pigs and be expected to pay more for a dramatically reduced level of service?
• Why is the nation’s largest cable operator Comcast able to deliver service with a 250GB limit at their current pricing, Verizon FIOS is able to deliver a product line twice as fast as Time Warner with no usage cap at all, and the nation’s second largest cable operator Time Warner needs consumers choosing a meager 20GB tier to not only pay $10/month more than their current unlimited service, but also pay a penalty of $1 for every extra GB?

That old axiom about pricing what the market will bear comes to mind, particularly considering the fact Time Warner is only interested in “gathering facts” from cities where the competition is limited.

The fact the Internet of the last few years is becoming an increasing threat to the video side of the cable industry may also have something to do with it.  That will be the subject of an upcoming Talking Point.

Usage Caps on Selected Broadband Service Providers

Charter Cable – Cap starts at 150GB for “light user” plan, removed entirely for deluxe plan (60Mbps service) – Violators are asked to select higher tier service or face account suspension – No meter yet

Comcast Corporation – Residential accounts limited to 250GB usage per month – Violators face account suspension – Tracking meter provided

Time Warner Cable – Residential accounts limited to 5-40GB currently, Violators face $1 per GB overage fee – Tracking meter to be provided

Verizon FIOS – Residential accounts are unlimited.  No violation, no tracking meter required