After intense lobbying, wireless phone companies won a significant reprieve from the watered-down 2010 Net Neutrality policies introduced by Federal Communications Commission chairman Julius Genachowski.

Now some of America’s largest cell phone companies are considering plans that would offer special “toll-free” access to favored partners’ content, while leaving everyone else subject to the companies’ usage capped data plans.

Much of the discussion about exempting certain content from data allowances is taking place at this week’s CTIA Wireless trade show in New Orleans.

Some highlights:

• T-Mobile USA is planning to expand video streaming services offered to subscribers, but with a twist. Content creators could pay to have their shows streamed to customers, and in turn, T-Mobile would not charge that traffic against the customer’s monthly usage allowance. Whether T-Mobile would maintain an ownership interest in the content is unknown, but “preferred partners” would receive exceptional visibility through aggressive promotional campaigns T-Mobile would launch.  So would T-Mobile, which plans advertising and promotional messages inside that content;
• Verizon Wireless said it was looking to create “toll-free” data services that would be subsidized by content providers. Video, games, and even apps could be promoted to consumers as “data usage”-free, meaning it won’t count against your monthly usage allowance. But Verizon recognizes the concept would be controversial and run afoul of Net Neutrality concerns.
• AT&T has already signaled its interest in creating a “content-provider-pays” model where users get free access to content if content providers pay AT&T’s traffic charges.

All three carriers earlier abandoned all-you-can-eat flat rate data plans, and Net Neutrality proponents claim these latest moves are attempts by wireless phone companies to further monetize data traffic.

The Wall Street Journal reports the plans, in some cases, fly in the face of rhetoric about spectrum shortages and a wireless data traffic crisis (underlining ours):

T-Mobile’s Mr. Duea said the goal of new video offerings that don’t count against data plans would be to get customers interested in consuming more data, and set T-Mobile’s plans apart from those of other carriers.

"Data floods" and "spectrum shortages" don't stop T-Mobile.

Current FCC Net Neutrality rules require wireless carriers to not block competing services from companies like Skype and Google, nor censor content. Both Verizon and MetroPCS are challenging those rules in federal court. But wireless carriers are already exempt from giving preferential treatment to certain types of data or traffic, which opens the door to “toll-free” data services.

Net Neutrality supporters believe these practices will uneven the playing field for content creators and innovative new online start-ups, who may not be able to afford the prices carriers charge for first class treatment. It also influences consumer decision-making by encouraging customers to use the “toll-free” services to preserve their monthly data allowance.

Companies like Ericsson and Cisco have plans to market technology that will allow carriers to divide up data traffic into different traffic lanes, some fast and free to use, others subject to a customer’s monthly data allowance, and certain undesirable traffic shunted to low priority slow lanes.

A Verizon Wireless executive ironically blamed the need for “toll-free” pricing partly on the wireless industry itself, which has almost universally abandoned unlimited data plans.

“As we move away from flat rate pricing, there is room for an 1-800-type of service where certain destinations could offset the cost of the network to get customers to those destinations,” said Verizon’s chief technology officer Tony Melone. “There are Net Neutrality issues that have to be addressed, too.”

Melone added the company wasn’t quite ready to launch the “toll-free” traffic lanes just yet, but claimed certain content providers were discussing deals with the company to participate if and when the new toll booths are opened for traffic.

Deutsche Telekom AG is in talks to acquire MetroPCS in a stock-swap transaction that would give T-Mobile USA control over the upstart regional carrier.

MetroPCS shares jumped nearly 30 percent on the news, reported by Bloomberg.

MetroPCS operates a CDMA and LTE 4G network incompatible with T-Mobile USA’s GSM service, but would be an asset to T-Mobile’s prepaid phone unit, which could co-exist with T-Mobile’s existing network. MetroPCS primarily operates in the Boston-New York-Washington corridor, Southern California, Florida, southern Michigan, northern Georgia, and northeastern Texas. It is best known for delivering aggressive pricing on no-contract service plans, much like Leap Wireless’ Cricket.

Analysts predict T-Mobile would have little trouble winning approval for a merger between the two carriers. MetroPCS maintains an inconsequential 2.7% market share in the wireless industry. Speculation immediately increased that Leap Wireless’ Cricket unit could be the next target for a merger, potentially with Sprint or T-Mobile.

If T-Mobile sought to assume control of MetroPCS’ spectrum for its own operations, it would have to supply existing MetroPCS customers with new phones that operate on T-Mobile’s network standard.

Mayweather

Stop the Cap! reader Nick in Grand Rapids dropped us a line to share yet another Comcast customer service bungle.

Last Saturday, several Comcast customers who paid an incredible $60 to watch the pay-per-view Floyd Mayweather Jr.’s fight against Miguel Cotto were themselves knocked out when their screens went dark with six rounds yet to be fought.

Mayweather is a Grand Rapids native.

Outraged, customers called Comcast late Saturday night looking for an explanation and a refund (after they called friends to find out who won).

Comcast couldn’t be bothered.

‘Call back Monday,’ came the response from Comcast customer service reports Shaun DeWolf.

Monday came and went and Comcast still had not refunded his money.  He called WOOD-TV 8 looking for some justice.

“It’s done and over with now,” DeWolf told 24 Hour News 8. “But at least [give me a] refund and a reason why it went out.”

The newsroom called Comcast.

A Comcast spokesperson told WOOD-TV the cable system had no major outages Saturday.  DeWolf assumed that might be the response and took snapshots of the TV screen showing Comcast’s general pay-per-view information… and no fight.

Other viewers reported similar problems.

Comcast said it is looking into the matter, but there has been no definitive decision about whether DeWolf will get his $60 back. That is ultimately all he cares about, DeWolf told the station.

If this happened to you, Comcast recommends calling customer service at 1-800-COMCAST or go online to file a complaint.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WOOD Grand Rapids Comcast users Mayweather fight cut out 5-7-12.mp4[/flv]

WOOD-TV in Grand Rapids intervened to help get a Comcast customer a refund for an expensive pay per view event he never got to watch.  (2 minutes)

As Stop the Cap! first reported last summer, the state of West Virginia is embroiled in a growing scandal over how the state spent more than $126 million in federal institutional broadband expansion funds it was awarded in 2010.

Sources inside two small community libraries and a regional government office collectively contacted Stop the Cap! this week warning that some of the targets for broadband funding including schools, government offices, and libraries have been handed world-class broadband networks they cannot operate without ongoing support not included in the grant.  With little chance of funding, many institutions will be unable to pay the monthly service rates and maintenance fees charged to keep the networks running.

“We are getting a Hummer network on a Kia operating budget,” one community library official tells Stop the Cap! “The network sounds great, but in our case we have to find the money to pay the bill to run it every month, and that money is hard to find in a library with five outdated public terminals.”

Another source tells us installers left more than one library with equipment nobody knew how to operate.

The Cisco 3900 router series

“They installed it over the course of a few days and just left, and nobody here knows how it works,” the librarian tells us. “We’ve quietly gone back to our old Wi-Fi system until we can figure these things out. We don’t even have their phone number.”

At a library in Hurricane, librarian Rebecca Elliot said workers who showed up to install the router didn’t leave behind instructions or a user manual either.

“I don’t know much about those kinds of things,” Elliot told the AP. “I just work here.”

While the original purpose of the grant was to “improve broadband” in the Mountain State, the funding came with significant restrictions that targeted the money exclusively for institutional broadband networks that do not serve individual residences or businesses. While West Virginians languished with some the country’s worst broadband service, state officials were green-lighting spending on grossly oversized equipment that institutional users simply don’t need and sometimes cannot afford to operate.

Martin

One critic, Jim Martin, president of business broadband provider Citynet said last summer the state gave preferential treatment to Frontier Communications to construct networks that ultimately favored them as the logical choice of service provider, but left small institutions with service bills they can never hope to pay.

“Where is the accountability,” Martin asked this week.

His fears appear to be justified. This week, a consulting firm has been hired by the state to audit how more than $126 million in taxpayer funds were spent after reports in the Charleston press brought news the state paid millions to deploy equipment to facilities that did not need any service improvements.

The Charleston Gazette reports it found 366 unused routers valued at more than $22,000 each in storage.  They have been there for two years.  In fact, at least $24 million was spent on routers designed to be used by large corporations or universities that were installed in libraries and public safety centers with just a handful of personal computers. Experts say a basic retail router priced at $50 could have provided more than acceptable service to these locations.

West Virginia’s state Commerce Secretary Keith Burdette on Monday admitted, more than two years after the state won the grant, now might be a good time to hire a consultant that does not work for a company trying to sell the state broadband equipment or services.

Despite the suggestion the state designed its network improvements based on the recommendation of equipment vendors, Burdette sought to move on and avoid “finger-pointing” and “dwelling on past decisions.”

Burdette

“I don’t want to spend a lot of time on things we cannot change,” Burdette told the Gazette. “If we made mistakes, then we need to look at how do we take lemons and make lemonade.”

“That’s the most expensive glass of lemonade in the history of West Virginia,” replies our source inside a regional government office. “Imagine what that money could have done extending broadband service to the homes and businesses that do not have it today.”

Our source says the state government is engaged in classic “butt-covering” with the announced state audit.

“Of course the report will blame people lower down in government while leaving the oversight failure for another day,” he tells us. “What’s a hundred million in taxpayer money, right?”

Burdette and other state officials might have listened to the state’s own Office of Technology, whose administrator warned that the routers — the Cisco series 3945 — “may be grossly oversized.”  Other state and library officials also questioned the purchases.  Burdette said the state should have hired a consultant before purchasing the equipment and launching the expansion project, which will not deliver a single broadband connection to any resident or business in the state.

Martin said in 2011 the entire grant process was wrong-headed from the beginning.  Martin says the state should have spent the money on a stronger middle-mile network to boost capacity for everyone in the state.

Now West Virginia is in a hurry to spend the remainder of the grant award — an undetermined amount — before the grant spending expiration date is reached. Unspent funds must be returned to the federal government.

State officials promise they will find a home for every unused router by the time the stimulus grant expires. That could leave a rural county sheriff’s office with a router designed to serve a minimum of 500 concurrent users in a facility with fewer than a dozen aging personal computers.