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Frontier Attempts Damage Control By Not Informing Subs of FiOS Rate Hikes; Regulators Outraged

Phillip Dampier February 7, 2011 Competition, Consumer News, Frontier, Public Policy & Gov't Comments Off on Frontier Attempts Damage Control By Not Informing Subs of FiOS Rate Hikes; Regulators Outraged

"Too rich for my blood."

How do you cushion the blow of a 46-percent rate increase for your fiber-optic television service that will cause consumers to flee?  Don’t tell them about it.

Regulators in the Pacific Northwest are beside themselves over news that their new local phone company, Frontier Communications, is going to raise rates $30 or more for its FiOS cable television service.  The company earlier promised no rate increases as a result of its purchase of landlines from Verizon.

But the only way customers in Oregon know about the impending rate hike is from The Oregonian newspaper; Frontier has yet to formally notify subscribers of the dramatic price hike.

The newspaper reports the higher rates were supposed to take effect at the beginning of the year for new customers, and Feb. 18 for current customers with expiring contracts.

But Frontier has not yet notified its customers of the rate increases.  Spokeswoman Stephanie Beasly told the paper the company was working on “specific messaging.”  Namely, how does Frontier tell customers their bills are going up $30 and still have them as customers after that.

Until the deck chairs can be re-arranged, the rate increase will not take effect.  But Beasly emphasized it eventually will.

Washington County regulators (in Oregon state) are questioning Frontier’s justification for the rate hikes, namely “increased programming costs,” noting their competitors are charging far less for the same type of service:

Bend Broadband, an Oregon system providing a similar level of programming and services as Frontier, is able to manage its costs and keep subscriber rates at or below the range of large cable operators and significantly below those that Frontier has announced.

Some regulators are wondering if they were deceived by the company’s earlier promises to deliver “competitive prices” in the region.  Metropolitan Area Communications Commission administrator Bruce Crest wrote the company suggesting they are not living up to their end of the deal:

However, Frontier’s recent decision to place a significant and unjustified rate increase on its customers, along with the incongruity of Frontier’s justification for that increase against the statements made in 2009 and 2010, makes us question whether Frontier has, or ever had, a good faith commitment to fulfill the terms of the franchise.

Frontier responded to the Commission’s inquiry by essentially telling them to bug off — they have no authority to question Frontier’s prices. Company vice-president Steven Crosby waved-off MACC’s concerns:

While Frontier recognizes that the MACC is interested in any Frontier FiOS video price increases and alternative offerings Frontier provides to its customers, Frontier respectfully notes that the MACC does not have authority to regulate the rates Frontier may charge for FiOS video service, nor does the MACC have authority to regulate Frontier’s commercial relationships with content providers. Accordingly, Frontier reserves the right to decline to respond to inquiries directed to topics that are beyond the MACC’s jurisdiction and may be competitively sensitive. Furthermore, Frontier objects to the MACC’s letter of January 20th to the extent that it contains characterizations and questions that misstate facts and conclusions or are otherwise misleading.

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MACC Letter to Frontier FiOS

Making It Up As They Go Along: Internet Overchargers’ Justifications for Usage Pricing

Have we got a deal for you!

You’ve heard all the excuses:

  • Internet traffic has grown and unlimited pricing threatens to make broadband unprofitable;
  • We need these pricing schemes to help pay for improved infrastructure to handle traffic;
  • If we don’t adopt this pricing now, a great data tsunami — an exaflood — will wash broadband down the sink;
  • It’s not fair to make light users pay for heavier users.

Despite the fact provider financial reports show a trend towards reduced spending on infrastructure, data transport costs continue to drop, and debunking of exaflood horror tales, providers persist in demands for this so-called “fairer pricing” for broadband service.

But what is fair?

As Canada contends with an Internet Overcharging scheme that limits consumption to an average of 40-60GB per month, with $1-5 per gigabyte in overlimit fees, does this represent fair pricing?

The Toronto Globe & Mail decided to investigate, and the results will come as no surprise to readers here.

Fact: Usage is growing exponentially, especially among users streaming online video.  Canadians, just like Americans, are swarming towards multimedia-rich content from YouTube to Netflix.  Usage growth of 50 percent per year is not out of line.  But as the newspaper discovered, extraordinary growth alone does not deliver the whole story.  The capacity to handle that Internet traffic has not only kept up with growth, it has exceeded it, at levels of unprecedented efficiency.

The Globe & Mail notes:

[…] Processing power, hard disk densities and transmission rates grew at rates closer to 60 per cent per year over the same period. In addition, the servers and routers and other electrical equipment that are the backbone of the Internet are much more energy efficient than they were ten years ago, which has dramatically reduced the cost of operations.

In simple terms, the bandwidth explosion is real, but it’s been more than offset by more powerful and more energy-efficient machines. So, we can reject the notion that increased usage is the a significant rationale for huge Internet price increases and usage-based billing.

Costs down, but prices going up?

Among virtually every provider, the percentage of average revenue spent on broadband network expansion per customer has dropped.  Even Verizon, which suspended expansion of its fiber to the home network, has not faced an avalanche of new costs to deliver large amounts of data to FiOS customers.

But what about the “fairness” proposition.  Should light users pay less than heavy users?  Historically, even in countries where usage-based pricing is the norm, usage-limited customers still pay comparatively high prices for broadband service, particularly when measured on cost per megabit per second against the usual lower caps cheaper plans provide.  So-called “light usage” plans also have natural usage caps built-in — they come with far slower speeds that, at their worst, discourage use of high bandwidth services.

The Globe & Mail concluded: “Rather than ensuring consumers receive fair Internet pricing, the Canadian Radio-television and Telecommunications Commission seems content to line the pockets of cable and telecommunications companies by forcing Canadian consumers to pay Internet data rates that have no basis in reality.”

Here’s why:

Wholesale Data Costs

The “fairness” argument falls apart when the truth is revealed about the wholesale costs large providers pay for their Internet connections.  Assuming the providers’ arguments that pay-per-use pricing is fair, the prices they ask Canadians to pay for that use certainly are not.

The Globe & Mail again:

Approximately four years ago, the cost for a certain large Telco to transmit one gigabyte of data was around 12 cents. That’s after all of its operational and fixed costs were accounted for. Thanks to improved technology and more powerful machines, that number dropped to around 6 cents two years ago and is about 3 cents per gigabyte today.

Are these valid numbers? After the recent CRTC decision regarding UBB, it was announced that effective March 1st, Bell will be charging Third Party Internet Access (TPIA) providers $4.25 for a 40 GB block of additional data transfer.

The fact that Bell is able to sell 40 GB of data to wholesalers for $4.25 and still make a profit demonstrates that the true cost of data transfer is well below the 10.5 cents per gigabyte they are charging wholesalers. One TPIA provider agreed the 3 cents per gigabyte figure is probably close to the true cost.

So why are Internet service providers charging consumers $1 or more per gigabyte of data used beyond their respective data caps? That’s a good question.

The “good answer” is: profits.

With providers charging overlimit fees from $1 per gigabyte on Bell’s most generous plans to $5 per gigabyte for Rogers’ Ultra-Lite plan, this represents overcharging of at least 10-50 times what it actually costs the providers to deliver that data.

Broadband costs in the United States are dramatically lower than in Canada, in part because of a larger marketplace and because of greater capacity and more competition, yet proposals from some American providers sought similar limits and overage pricing.

But considering the true cost of the service, charging closer to 10 cents per gigabyte — not $1 or more — would represent a fair price.  So long as regulators like the CRTC cater to providers, consumers will pay considerably more.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Usage Based Billing 2-1-11.flv[/flv]

CTV News explores Usage-Based Billing, and why it will makes an expensive broadband experience even more costly in the days ahead.  (6 minutes)

Escaping Canada’s Expensive Broadband With Wi-Fi Across the Niagara River

High gain Wi-Fi antennas like this one allowed one Ontario couple to leave Canada's cable companies behind and sign up for Time Warner service in the United States.

Last week, Stop the Cap! compared prices from two Internet Service Providers — Rogers Communications on the western side of the Niagara River — in Ontario, and Time Warner Cable on the eastern side in Niagara Falls, N.Y.

The price disparity is no secret to one Canadian family who read our piece and let us know they import their broadband service, thanks to long distance Wi-Fi, from the United States.

The couple, Neil and Michelle (we’ve been asked not their reveal their real names) and their three boys have lived along the Niagara River, which divides the United States and Canada, for over a decade.  Jim has been fascinated with low power, long distance communications since his days in amateur radio.

“I’ve always been trying to see what stations I can pick up, especially low power ones,” Neil tells us.

That curiosity came with Neil to his interest in broadband wireless communications.  Living along the river, Neil was fascinated to see Wi-Fi signals make their way across the river from the United States’ side.

“Thanks to a clear shot across the river, and a lot of businesses located adjacent to the Robert Moses Parkway, it’s easy to pickup Wi-Fi signals from businesses on the American side,” says Neil.

Neil discovered many networks wide open for public use and began to consider the implications of “importing” his broadband service from the United States to escape Rogers’ high prices.

“For Canadians, the idea of escaping the country’s communications providers is not that unusual,” Neil says.  “Some already have ‘gray market’ satellite dish accounts with America’s DISH or DirecTV, and some even use American prepaid cell phones, which are much cheaper than our own services and get good local reception across Niagara Falls down to Fort Erie.”

“So I began wondering what would happen if we could install a decent Wi-Fi system high enough on the house to get a good signal from a partner on the other side of the river,” Neil pondered.  “We started by putting a test signal up and driving through some Niagara Falls neighborhoods on the American side and found some good prospects.”

A long-shot advertisement on a well-known “for-sale/trade” website paid off, when an American family responded, intrigued by the experiment.

“The fact we were willing to pay their cable bill as compensation didn’t hurt either,” Neil suggests.  “The chances appeared very good for success, because we can see some of their trees from our roof.”

Niagara Falls, Ontario (left) and Niagara Falls, N.Y. (right), divided by the Niagara River.

Neil guessed right because today, with the help of two raised directional, roof-mounted high-gain Wi-Fi antennas that can literally “see” one another, the Ontario family enjoys its cable-TV and broadband service from Time Warner Cable.

“The signal is rock solid and the only time we get some speed problems is if someone in one of the bed and breakfast places nearby ends up on our channel,” Neil says.  “We can even watch television with the help of a Slingbox we installed on the American side which works perfectly fine on a Wireless N connection.”

Since the rise of Canada’s exchange rate against America’s declining dollar, the savings are dramatic. A comparable cable-TV plan with Rogers runs $80 a month for standard service, equipment fees, and HD service charges.  Add another $50 for broadband service with the modem rental fee and Neil would pay Rogers $130 a month before taxes for the two services.

“And we would be limited to just 60GB of usage per month before the $2/GB overlimit fee started making the bill even higher,” Neil says.

Time Warner Cable currently charges Neil’s adopted family $87 a month for television and broadband on a promotion.

Today, Neil’s conscience (and savings) led him to decide “borrowing” another family’s account wasn’t fair, so now he pays for -two- accounts with Time Warner, one for the New York family, the other belonging to him.

“Time Warner thinks of us as apartment renters and bills a post office box,” Neil says.  “The other family doesn’t care about cable-TV anymore so we’re just paying for their broadband account.”

The neighbors are certainly amused.

“When they come over, they call us ‘the American Embassy in Niagara Falls’ because of all the ads for Time Warner they see across the cable channels we get and because American cable systems ignore virtually all Canadian TV networks.”

Why go through all this?

“Now that we’re paying for two accounts, it’s a matter of principle,” Neil says. “I will not do business with a company that slaps usage limits on broadband, and now I don’t have to.”

In fact, now that the family’s sons are getting close to teen years, their Internet use is growing.

“We almost don’t care about the cable-TV anymore ourselves — we’re watching shows online, on-demand in this household,” Neil says.  “For my kids, they are growing up with the concept of television being always on-demand and it works around their schedule, not the other way around.”

Besides, Americans have access to Hulu, and Canada does not.

“Hulu is very important, and Netflix was even before it was sold in Canada,” Neil says.  “Now we can watch what we want, as much as we want, and pay a fair price for unlimited broadband.”

Neil can’t complain about Time Warner Cable, except for the fact it provides him with a U.S. IP address, which locks him out of a lot of Canadian online video-on-demand services from the CBC and other networks’ websites.

“They do a much better job than Rogers ever did with consistent broadband speeds and fewer outages, and we can live without replays of 18 to Life and Little Mosque on the Prairie,” Neil says. “I’m just glad you folks at Stop the Cap! convinced Time Warner to abandon the kind of pricing that is ruining the hell out of Canada’s broadband.”

Verizon Reserves the Right to Throttle Your iPhone Connection and “Optimize” Your Browsing

Verizon Wireless isn’t entirely rolling out the welcome mat for new iPhone customers.  PreventCAPS, one of our regular readers, dropped us a note indicating Verizon quietly added something new to the terms and conditions for new customers as of Feb. 3rd, which just so happens to coincide with the date the company started taking orders for the Apple iPhone — it reserves the right to throttle your speeds and “optimize” your browsing experience with caching and network management techniques that could reduce the quality of online videos and other bandwidth-intensive graphics.

Important Information about Verizon Wireless Data Plans and Features

As part of our continuing efforts to provide the best experience to our more than 94 million customers, Verizon Wireless is introducing two new network management practices.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit www.verizonwireless.com/vzwoptimization

If you subscribe to a Data Plan or Feature on February 3, 2011 or after, the following applies:

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

These kinds of “network management” techniques, which include speed throttles, reduced quality graphics, and caching (which can result in stale web pages being served to your mobile device), are all made possible by the Federal Communications Commission’s failure to implement Net Neutrality protections for wireless providers.  While Verizon stresses it will treat all content to the same network management techniques equally, the “improved” broadband experience Verizon claims to offer is more likely to improve the company’s bottom line from reduced spending on network upgrades.

Like most providers, Verizon isn’t willing to be specific about what amount of usage is likely to trigger the throttle, why it needs to be maintained for the remainder of the billing cycle even when network congestion is not a problem, and what speed customers will be stuck with for the rest of the month.

Broadband Reports reached out to Verizon for specifics and discovered the provider has not actually implemented these measures… yet:

“The notice yesterday simply reserves the right for new customers or renewing their contracts,” Verizon spokesman Jeffrey Nelson tells Broadband Reports. “We’re reserving the right to actively manage the network in specific ways should that need exist – and only for customers who are under contract that includes that provision,” he says. “Because this is down the road – if at all – it’s too early to tell what those triggers might be, or what throughput limitations would look like.”

Verizon may be concerned about the potential impact millions of data-craving iPhone customers will bring to its network in the coming weeks.  Existing customers with Android devices or Blackberry handsets are safe for now — the provision only impacts customers who sign new contracts as of last Thursday.

Verizon says it will retain its unlimited data option (with the right to throttle service) for a “limited time only.”

Updated: Bright House Tells Florida: Forget About Fiber Because We Already Have It, But You Can’t

Shhh... Bright House's fiber network is a secret.

Volusia County’s consideration of a community-owned fiber optic network has been scoffed at by incumbent cable provider Bright House Networks, which claims the network is “redundant” and unnecessary.

The proposed fiber project is being promoted by Jim Cameron, vice president of government relations for the Daytona Regional Chamber of Commerce.  The organization believes a public-private fiber-optic network could do wonders for economic development across the Fun Coast.

But the idea of stringing miles of fiber to connect area businesses to a gigabit-speed network brought rolled eyes from the folks at the cable company.

“We have miles and miles of fiber-optic lines in Volusia County,” Donald Forbes, senior director of corporate communications for Bright House told the Daytona Beach News-Journal. “Where anyone is willing to do business with us, we can make it happen . . . You want it, we’ve got it.”

But area businesses supportive of Cameron’s initiative are mystified by Bright House’s secretive-fiber-network, because few ever heard of it before.

Jason Frederick, business development director for WorkSmart MD, a Daytona Beach medical billing company, was just one example.  The News-Journal reports Frederick was surprised when he was told that Bright House claims to have fiber lines in the county that can deliver Internet at one gigabit per second, about 200 times faster than average broadband service in the U.S., or faster.

“I haven’t heard anything about Bright House offering one gig, and my tech guy is laughing (incredulously) right now,” said Frederick.

"This series presents information based in part on theory and conjecture. The producer's purpose is to suggest some possible explanations, but not necessarily the only ones, to the mysteries we will examine."

In Search Of… Bright House’s Mystery Fiber

Bright House declined to quote pricing for access to their fiber network to the folks at the News-Journal, so Stop the Cap! called Bright House Networks’ Business Solutions department this morning posing as a new business customer looking for fiber optic access.

STC: We were calling to gather information about getting broadband service for our new Internet business.  Can you tell me what kind of broadband services you have available?

At this point, Bright House asked us a ton of questions about where the business was located, what we intended to do with the connection, how many employees we had, etc.  After feeding them answers, we got them to narrow down some basics, even as they tried to have a sales representative come out and meet with us (we explained they would have to fly to New York to manage that, and they should bring a shovel if they come.)

Bright House pointed us to their website for basic details, but stressed individual plans could be customized to meet our needs.  That was the invitation we were looking for.

None of these plans seemed at all fast enough for our needs, we explained.  The maximum plan on their website, 50/5Mbps, didn’t even come close.  Where was the 50/50 or 100/100Mbps plans?  What if we needed a gigabit?  Didn’t we read they ran a fiber network?

Bright House: We do run a fiber network, but it’s a special kind known as a hybrid fiber/coax network.  That is the most proven technology out there, installed to millions of homes and businesses across the country for more than a decade.

STC: Then all-fiber networks are unproven?

Bright House: In a way, yes.  But more important, they are enormously expensive.

STC: How expensive?

It would cost you this much.

Bright House: We spent millions on ours.

STC: So you are saying if we wanted Bright House to deliver fiber to our business, it would cost millions?

Bright House: Probably not that much, but it would probably be a waste of money because it was so expensive.  We service business customers all over central Florida, and I’ll be honest none of them really need fiber — it would be a waste of money.  We couldn’t even give you a price for fiber because nobody ever asked us before.

STC: Wow, I am surprised nobody has even asked.  Our business would want symmetrical broadband so our upload and download speeds would be the same.  We also don’t want to pay an outrageous amount of money for it.  What would Bright House charge for a symmetrical connection?

Bright House: One of our account specialists would have to talk with you about that.  Our network was designed to deliver faster download speeds because that is what our customers want.

STC: Well, not every customer.

Bright House: I understand that, and it sounds like you are a special case.  I think you’ll find we deliver the best service in town for business customers, and we sure do a lot better than AT&T.  Have you spoken with them about their service?

STC: We don’t want DSL.

Bright House (laughing): I can certainly agree with you there.  AT&T is a good company for what they do, but I am proud to say we do better.  And we can give you cable television and business phone service in one package.

STC: Yes, but we’re probably getting ahead of ourselves.  How much would it cost for just the broadband service?

Bright House: Before we quote you a price, we’d really like to sit down with you or a representative of your company so we can explain our whole product line and the benefits we offer.  Is there someone down here we could meet with?

STC: Not yet, but I appreciate the information and we can always call you back.

(We did learn from another source 50/5Mbps business class service costs around $190 a month from Bright House.)

So Bright House fiber remains elusive, even after our call.  Connected Nation, which has direct ties to Big Telecom, couldn’t find any fiber across the area either.  That was surprising, considering the large telecom companies help manage their operations:

The Florida Department of Management Services is running Connected Nation’s efforts in the Sunshine State.

If the goal is widespread fiber-optic coverage, then Connected Nation’s map shows Florida sorely needs a fiber dietary supplement (Metamucil-optic?). Only a small portion of the state — around Orlando and to the south, and around Tampa and along the surrounding Gulf Coast — has fiber coverage, according to Connected Nation’s survey results.

Jessica Ditto, Connected Nation communications director, said the map only reflects spots where fiber-optic lines run to homes, and that Bright House might not have responded accurately to the survey. Bright House’s Forbes said he hadn’t heard of Connected Nation.

You didn't want this anyway, did you?

Another indictment for the useless work Connected Nation does for large sums.  If a major provider doesn’t answer the questionnaire, broadband from that provider apparently does not exist as far as Connected Nation is concerned.

Finding fiber is Daytona is turning into that commercial for Honey Nut Clusters cereal.  It’s got to be around somewhere.

The county director of economic development, Phil Ehlinger, suggests it is all around us even if we can’t see it at first glance.

“I am not aware of anyone (in the business community) who is unable to get the service that they want,” Ehlinger told the newspaper. “Bright House and some of the other folks, AT&T, they have been putting in fiber optic all over the county.”

But the important question left unanswered is whether or not you can access it.  For individuals, the answer is clearly no.  Bright House believes its network is plenty fast enough, and AT&T didn’t want to talk to us in time for today’s story.  But phone companies, already vulnerable in the broadband speed race, prefers to deflect the question, arguing you don’t need that speed anyway.

Fiber optics delivers the fastest broadband experience, period.  But when providers don’t sell or promote the service, it’s easy to suggest nobody wants it.

But not too far away, in communities like Chattanooga, and several areas in North Carolina, they -do- want it.  Even Verizon FiOS, a growing presence in the northeastern United States, has won over business and residential customers to fiber-fast broadband.  In many cases, the network sells itself.

But in central Florida, Bright House won’t sell the service to you even if you ask.  It’s apparently the best kept secret in Daytona Beach.

[Updated 2/4/2011 — Don Forbes attached a reply to a piece on Broadband Reports that quotes from our piece:

Bright House Networks does in fact provide Fiber to the Premise (FTTP) – or what is known in the business services market as “dedicated access” – to its business customers who want this type of bandwidth. We work directly with our business customers to provide solutions tailored to meet their specific needs. We currently serve more than 3,000 Florida business locations directly with fiber. We currently offer speeds up to 1 Gbps, although it should be understood most business customers do not require 1Gbps speeds. Residential customers, at this time, do not need the bandwidth offered with dedicated fiber – however, Bright House has led the industry in comprehensively deploying next-generation bandwidth services (DOCSIS 3.0) to its’ entire footprint in Florida – current speeds offered are 50 Mbps with the ability to offer much higher. We provision our network according to our customers’ needs.

As a private company, we do reserve the right to share specific proprietary details of our network and our business for competitive reasons. However, it is no secret that we offer the above services.

It apparently is a secret to the people taking calls at Bright House’s business services hotline at 1-877-424-9246.  That’s the number we called yesterday to inquire.  The results are noted above.  I’d make two observations:

  1. The point of our piece was partly to confirm whether fiber is a big secret in the Daytona area, as was the implication.  In our experience, it was.
  2. Once again, another provider — this time Bright House — has made the declaration that residential customers don’t need fiber to the home access, something Verizon and many municipal/community-owned networks would strongly disagree with.  We do as well.  As long as phone companies compete using DSL, cable companies can safely make this claim and it won’t harm their business.  But if a far faster fiber to the home network arrives in town delivering far faster speeds (at equal or lower prices), Bright House, and other companies like it, could be in trouble — especially if their new competitors market themselves well.

We stand by our piece, which documents our direct experiences with Bright House Networks business class customer service.]

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