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Usage-Based Billing Nightmare: $689 In Overlimit Fees Shocks Ontario Cogeco Customer

Phillip Dampier January 31, 2012 Canada, Cogeco, Consumer News, Data Caps, Editorial & Site News, Public Policy & Gov't Comments Off on Usage-Based Billing Nightmare: $689 In Overlimit Fees Shocks Ontario Cogeco Customer

A Burlington, Ontario customer of Cogeco Cable, convinced by the company to upgrade his broadband service to a usage plan with a higher allowance, has been billed nearly $700 in broadband usage overlimit fees in a single month after the company quietly removed the cap on overlimit fees associated with the plan.

The customer first learned about the change in Cogeco’s usage-based billing policies when the company’s “auto pay” billing service deducted nearly $900 from his checking account to pay his cable bill, he told Broadband Reports.

Further charges and late fees have now racked up to almost $1,200 and so far Cogeco has only been willing to provide its customer with a $50 “courtesy credit.”

Cogeco claims it notified customers last fall it was removing the maximum overlimit penalty cap from two of its broadband plans, including the one the Burlington customer was persuaded to choose by a company representative.  Prior to October, The Ultimate 30 plan, designed for so-called “heavy users,” included a 125GB usage allowance with an overlimit fee of $1/GB, capped at a maximum of $50.

Canadian broadband users likely to exceed a broadband usage allowance typically upgrade to a service plan with a higher allowance or factor the capped, fixed overlimit fee into their assumed monthly cost for service.  But when providers like Cogeco quietly increase the maximum overlimit fee, or remove it altogether, usage-based billing shock often follows.

The customer claims he never received any change of terms notification until the first bill with unlimited overcharges arrived, and Cogeco admits it cannot assert every customer received the notification much less absorbed its meaning.  According to the Burlington man, Cogeco told him customers often don’t read the letters or throw them out, unopened, assuming it is advertising.

Even if Cogeco did send a letter, the man believes the company has gone out of its way to avoid prominently alerting customers about the possibility of explosive increases in broadband usage expenses.  Instead, they have framed the changes as an “enhancement” that will “help you get more from the Internet.”

When bill shock becomes an enhancement -- An informational message included on a recent Cogeco billing statement.

Cogeco customers upset about the change say it is easy for people to miss the implications buried in a rate chart that the maximum overlimit penalty has been removed.

“A Cogeco salesperson called me to change my service based on my usage,” said the Burlington man. “[The Ultimate 30 Plan] would cost me less money and in return I would receive faster internet and an increased data transfer capacity.”

Now the customer also gets hundreds of dollars in overlimit fees, too.  Even worse, the man complains, he was never given an opportunity to adjust his usage or service plan to avoid the enormous bills he has since received.

“I would have stepped down to the Turbo 20 package that has a maximum of $50 for usage or the Business Ultimate 50 package which [has] unlimited data transfer,” the man complains. “Either option would have saved me hundreds of dollars.”

The cable bill in your future?

Cogeco’s unwillingness to forgive overlimit usage charges seems strange to the Burlington man because several other Cogeco plans retain a fixed limit on overlimit fees.  Other Cogeco customers have begun to question the company’s logic in usage billing more generally, because hundreds of gigabytes consumed on a slightly slower usage plan would result in a bill a fraction of the cost the Burlington man now faces.

“Why does Cogeco’s bandwidth cost a ridiculous $1 per gigabyte on one plan, and considerably less on others with capped overlimit fees,” asks Stop the Cap! reader Jeff, another Cogeco customer who shared the story. “It’s a usage shell game and it’s all about the money because they won’t give a decade-long customer a break on fees they would never have charged many of their other customers.  The bandwidth costs to Cogeco are the same no matter what plan you are on.”

Jeff wonders whether customer goodwill matters anymore at telecommunications companies.

“They’d rather harass this man for hundreds in phantom ‘costs’ and destroy their reputation in the process.”

The customer says he can’t even be sure the bill is correct.

“Internet usage based billing is flawed,” he says.

He points out the methodology and devices that determine the bandwidth are not certified or regulated by Measurement Canada. There is no recourse for customers to ensure the integrity and accuracy of the bandwidth measurements. Cogeco customers must rely on an ‘Internet Usage’ meter Cogeco has on the website. The meter is not always up to date and has frequent outages, customers report.

Against this backdrop, the Canadian Radio-television and Telecommunication Commission new rules governing the practice of usage-based billing are set to take effect tomorrow, Feb. 1st.

“We are moving ahead with the implementation as planned to ensure that independent ISPs will continue to offer competitive and innovative services to Canadians,” said Leonard Katz, the CRTC’s acting chairman and vice-chairman of Telecommunications. “Some temporary adjustments have been made to ensure a smooth transition to the new billing regime and to ensure consumers are not inconvenienced.”

As an interim measure, independent ISPs who are customers of the Bell companies will have the flexibility to either merge their business and residential Internet traffic, or keep them separate.

In November 2011, the CRTC established how large telephone and cable companies should charge independent ISPs for the use of their networks.

In turn, cable and telephone company Internet Service Providers can continue to use usage-based billing practices similar to what Cogeco uses, or switch to a combination of flat-rate and usage-based billing.  But with the revenue potential Cogeco has illustrated it can earn from UBB, few large providers are anticipated to sell residential customers flat use plans.

“Caveat emptor,” says our reader Jeff.

AT&T’s Old ‘Unlimited’ Plan Has 2GB Throttle Threshold; For the Same $30, Get 3GB ‘Limited’ Plan

Lowering the bar on "unlimited use" customers.

Customers grandfathered on AT&T’s “unlimited use” data plan are starting to wonder whether AT&T’s definition of “unlimited” is worth the effort.

Stop the Cap! reader Earl shares news the wireless carrier has lowered the bar (and wireless speeds) on customers who consume just 2GB on an “unlimited” wireless plan the company charges $30 a month to keep.  That’s $15/GB before AT&T considers you a usage abuser.  Now customers are discovering for the same $30, they can buy a usage-limited plan that offers 3GB a month, one gigabyte more than the “unlimited plan” allows before AT&T considers you among the top 5% of its “heavy users” subject to a punishing speed throttle.

[From CNET’s ‘Ask Maggie’ column:]

Dear Maggie,
I am currently using an iPhone 3GS and am grandfathered into the unlimited data plan. I normally use between 3GB and 4GB of data a month without issue. I have now been notified after 2GB of data that my data consumption is in the top 5 percent of customers and my data will be throttled. I have noticed that this seems to be a common cutoff for other customers as well.

My question to you is–Does this make the unlimited data plan basically useless as the new 3GB plan will at least give me 1 extra gigabyte of data for the same price? Also, why don’t they just cancel the unlimited plan instead of forcing people to switch through throttling?

Dear Brian,
I think you’ve nailed this issue right on the head. AT&T’s throttling program seems to target customers, who are just over the 2GB threshold. And its new higher priced data plans that offer 3GB of data for $30 looks like an attempt to get customers to switch from their unlimited data plans to the 3GB plan for the same price.

Whether you can live with the slower data rates is up to you.

It’s increasingly apparent AT&T is engineering data plans to discourage customers from retaining their grandfathered unlimited-use plan.  By luring customers to ‘never-throttled’-tiered data plans, AT&T can expose customers to lucrative overlimit fees charged when plan allowances are exceeded.

Rogers Throws Customers A Few Scraps: Faster Speeds, Tiny Increases in Usage Allowance

Phillip Dampier January 26, 2012 Broadband Speed, Canada, Data Caps, Rogers, Shaw 1 Comment

Just a few weeks after announcing $2 rate increases on most tiers of the company’s broadband service, Rogers Communications has announced speed upgrades and tiny increases in usage allowances for certain customers:

  • Express: download speeds will increase from up to 12Mbps to up to 18Mbps and data allowance will increase from 60GB to 70GB.
  • Extreme: download speeds will increase from up to 24Mbps to up to 28Mbps and data allowance will increase from 100GB to 120GB.

These enhancements apply to customers utilizing Rogers DOCSIS 3.0 capabilities. Rogers will start rolling out the faster speeds to existing Express tier customers currently receiving download speeds of up to 12 Mbps starting January 26th and will continue over the following weeks. New customers will experience faster speeds beginning February 21st. All new and existing customers will benefit from higher data allowances starting March 8th.

Rogers has played repeatedly with their usage allowances, particularly for its Extreme tier, which has seen increases and decreases over the past few years:

Rogers Extreme Tier Usage Cap History

  • 2009: 95GB per month
  • 2010: Reduced to 80GB per month (-15GB)
  • 2011: Increased to 100GB per month (+20GB)
  • 2012: Increased to 120GB per month (+20GB)

Rogers’ Express service gets just a 10GB monthly bump, making the speed upgrade less valuable because customers are restrained from using the service.

Rogers says the incremental upgrades are a result of Canadians using the Internet more than ever.

“Rogers customers are increasingly watching movies on Rogers on Demand Online, working from home and using multiple devices like tablets and laptops connected by Wi-Fi to the internet,” said John Boynton, executive vice-president and chief marketing officer at Rogers Communications. “The ways Canadians are using the internet are changing dramatically and we are constantly reviewing our plans and policies to ensure they deliver the best possible customer experience that lines up with evolving needs and usage patterns.”

Apparently those living in western Canada use the Internet even more, because Shaw Communications’ comparable broadband tiers are much more generous:

Shaw Communications Usage Allowances

  • High Speed 10Mbps: 125GB per month
  • High Speed 20Mbps: 200GB per month
  • Broadband 50Mbps: 400GB per month

The Revolving Door: Former Bell Canada & Rogers Executive Named Interim Head of CRTC

Phillip Dampier January 26, 2012 Canada, Public Policy & Gov't Comments Off on The Revolving Door: Former Bell Canada & Rogers Executive Named Interim Head of CRTC

Katz

A former executive at Bell Canada and Rogers Communications has been named interim chairman of Canada’s telecommunications regulator.

Current Canadian Radio-television Telecommunications Commission (CRTC) vice-chairman Leonard Katz was appointed interim chairman Wednesday, following the departure of Konrad von Finckenstein.

Katz is not expected to hold the position for long.  Political insiders point to Conservative government favorite Tom Pentefountas, who has spent months lobbying for the CRTC top spot.  In July, Pentefountas asked a consumer group, “what is so undemocratic about allowing a few companies to control the Internet?”

Katz is yet another regulator who has spent most of his professional life working for the companies he is now expected to oversee.  Katz held senior posts at both Bell and Rogers, Canada’s largest telecommunications companies, before joining the CRTC in 2005.  He has served as its vice-chairman since 2007.

Katz has crossed swords with the Conservative government led by Stephen Harper on more than one occasion, most recently being embroiled in the controversy over Usage Based Billing.  An initial decision by the CRTC to adopt much of a plan submitted by Bell that would end unlimited flat rate access to the Internet in Canada was reversed by then-Industry Minister Tony Clement.  The government’s decision to overrule the Commission opened the door for ridicule by opposition Liberal and NDP MPs, who questioned the credibility of the CRTC and its authority under Conservative leadership.

Departing chairman Von Finckenstein blamed outdated regulatory policies for much of the controversy at the CRTC.  The government agency has been forced to adopt a largely deregulatory stance towards telecommunications, and has regularly been accused of catering to the interests of some of Canada’s largest telecommunications companies.

In the past several years, the CRTC has overseen a telecommunications marketplace that is rapidly consolidating, especially around companies like Bell, Rogers, and Shaw Communications, which have interests in broadcasting, publishing, entertainment, and telecommunications services.

Pentefountas

Katz could be replaced as early as this fall, and the controversial Conservative Montreal lawyer Tom Pentefountas remains the favorite pick among political watchers in Ottawa.

But Pentefountas has his enemies.  He has been roundly attacked for lacking the necessary experience and credentials to act as a commissioner on the CRTC, much less serve as its chairman, particularly by NDP Heritage Minister Critic Charlie Angus (Timmins-James Bay).

Pentefountas, Angus claimed, told national media five months after being considered for the post of vice-chairman of the CRTC, “he didn’t know anything about the job.”

One unnamed source told Postmedia News Mr. Pentefountas may not grasp the transformational nature of the Internet and its impact on traditional broadcasting and telecommunications companies.

“He’s occasionally comes out of left field,” the source said.

[flv]http://www.phillipdampier.com/video/Charlie Angus on CBC on CRTC 2-10-11.flv[/flv]

CBC-TV aired this exchange last February between NDP Heritage Critic Charlie Angus (Timmins/James Bay), Dean Del Mastro, Parl. Secretary for the Minister of Heritage, and Liberal MP Marc Garneau (Westmount/Ville-Marie) regarding Tom Pentefountas, the challenges at the CRTC, and controversy over a new policy that would allow the reporting of “false news.”  (12 minutes)

Astroturf Group Heartland Institute Lies About Chattanooga’s EPB Fiber Network: “They Only Sell a Gig”

Heartland Institute: "By not disclosing our donors, we keep the focus on the issue."

In an eyebrow-raising exchange between the Heartland Institute’s Bruce Edward Walker and Dr. Joseph P. Fuhr, Jr., who produced a dollar-a-holler “research report” on behalf of corporate-backed astroturf group the Coalition for the New Economy (which lists the Heartland Institute’s Florida chapter as a member), the two dismiss Chattanooga’s award-winning EPB Fiber Network as providing lesser service than private competitors AT&T (also a member of the Coalition) and Comcast, in part because EPB “only sells customers a gig.”

An exchange between Heartland Institute’s Bruce Edward Walker and Dr. Joseph P. Fuhr, Jr. fundamentally misrepresents Chattanooga’s EPB Fiber network. At no point does Walker disclose Heartland Institute’s chapter in Florida is a member of the group that sponsored the production of Fuhr’s report. (1 minute)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Walker: The government broadband services are always one step behind private industry and I’m thinking in Chattanooga, the law [sic] that they have the fastest download speeds of all government broadband in the United States, but they only offer 1Gbps service.

Fuhr: Well, one of the issues there is, well, the supply is there but they kind of have the feeling that if you build it, they will come.  Well, they haven’t come.  I mean they are charging $350 a month for that service and very few people are willing to subscribe.  People are, for the most part, happy with slower speeds.  Who really needs a gigabyte (sic) and the market shows that people don’t really need that.

Dr. Fuhr apparently does not know the difference between a “gigabyte” and a “gigabit,” so I am not sure how seriously we are supposed to take this “broadband expert.”  He also does nothing to challenge Walker’s wholly-inaccurate declaration that EPB only sells customers $350 1Gbps broadband.

In fact, most of Heartland Institute’s views about EPB broadband are a big bucket of wrong:

  1. EPB Fiber offers the fastest fiber broadband in the United States.  It is “private industry” providers Comcast and AT&T who are more than one step behind, and they refuse to sell faster service and upgrade their networks to the speeds seen in Asia and Europe that Chattanooga’s EPB customers can have today.
  2. There is no “law” involved in the delivery of broadband by EPB.  In fact, EPB fought off attempts by incumbent operators to sue the municipally-owned provider out of the broadband business, and some of those same companies are backing the “Coalition for the New Economy” in their efforts to curtail community broadband with new laws that would make networks like EPB next to impossible to provide.
  3. EPB does not only offer 1Gbps service.  Consumers and businesses are free to choose between several different speed tiers.  As any commercial entity will tell, you 1Gbps at just $350 a month is a steal compared to the prices AT&T and Comcast would charge.
  4. When EPB built their fiber network, private businesses did come.  In addition to media reports documenting expansion in Chattanooga from one Knoxville business, Amazon.com has announced hundreds of millions of dollars in new investments building and expanding distribution centers in and around Chattanooga, in part because EPB Fiber was available for their use.
  5. People are not happy with the slow speeds some providers force them to accept.  It is no surprise, however, that industry-funded astroturf groups would repeat the usual provider line that people “don’t need” fast broadband that they have no plans to deliver anyway.

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