Stop the Cap! reader Davey in Arizona was displeased to receive notification his Internet Service Provider, CommSpeed, suddenly announced an Internet Overcharging scheme that limits customers to two levels of service: a basic $40 plan with a ridiculously stingy 10GB monthly usage allowance, or a more generous (and double the price) $60 plan that comes with a 200GB usage cap.

Davey is particularly upset the company plans to punish customers who exceed the allowance with a stinging $2/GB overlimit fee.  It will not be difficult for customers to blow past  CommSpeed’s standard 10GB plan limit if they discover file backup, online video, or downloading.  If they do, CommSpeed’s overlimit fee will be coming soon to a bill in their mailbox. For those who use the Internet to watch television and movies, the only real options are to watch less or upgrade to a more expensive plan with a more realistic usage allowance that can accommodate high bandwidth applications.

CommSpeed claims their “advanced 4G network combines the best features of cellular, cable modem & DSL, and Wi-Fi networks, without the inherent limitations associated with these legacy systems.”  The company brands itself as “Tomorrow’s Internet Today.”

What they don’t mention is today’s wireless ISP’s are increasingly challenged by the growing usage demands consumers place on providers.  CommSpeed’s claim that their network “was designed and built, from inception, to deliver a full range of broadband content and applications” flies in the face of their 10GB usage limit. Fiber, cable broadband and even telephone company DSL has a better track record handling increasing usage demands, as long as providers maintain investments in their respective networks.

CommSpeed’s usage cap tells the real story — their network may not be able to handle the growing traffic from customers in their northern Arizona service area.

“The Internet has seen tremendous growth in total usage over the last year. New applications are being developed everyday and these applications are causing an ever increasing demand for bandwidth. Quite simply, the content of the Internet has evolved,” CommSpeed explains on a page dedicated to explaining their new caps.

Unfortunately for wireless, until more spectrum and better technology is available, usage limitations are an increasing reality for customers stuck using these networks. It’s why Stop the Cap! rarely recommends wireless broadband as a primary Internet service except as a last resort, when other choices simply are not available.

Still, we’ve seen much worse from other Wireless ISPs.  CommSpeed’s 200GB limit on their $60 tier is more generous than average.  Plus, the company takes the limits off during the overnight hours of midnight to 6AM.

We also think the company’s usage guestimates are a more honest approximation of real-world usage, not the ridiculous “send 10,000,000 e-mails and download 500,000 songs” reassurances we usually see from Internet Overcharging ISPs:

CommSpeed’s old plans ranged in price from $34.95 for basic 768kbps-1.5Mbps service to $54.90 for 1.5-6Mbps service, depending on the technology in use in the area. The new plans bring a $5 rate hike and usage caps — just two reasons why customers like Davey are so upset. They’ll be even more upset if their bill also include overlimit fees. Stay tuned.

[flv width=”608″ height=”380″]http://www.phillipdampier.com/video/CommSpeed 4G – Tomorrow’s Internet Today.flv[/flv]

CommSpeed heavily promotes its newer 4G wireless broadband service, claiming its great for online video, downloading, gaming, and more, as long as you don’t use it too much.  In 2012, CommSpeed throws up limits on their wireless experience.  (3 minutes)

AT&T pays a lot of money — millions annually — to make sure its business agenda does not run into political or legislative roadblocks in Washington, D.C.  With dozens of members of Congress effectively on AT&T’s campaign contribution payroll and the company’s unparalleled skill at convincing non-profit organizations to advocate for its interests, worrying about the government’s antitrust views on its proposed buyout of Deutsche Telekom’s T-Mobile was the least of its troubles.

“It’s a done deal,” several analysts predicted shortly after the deal was announced, especially after AT&T demonstrated its confidence level in the merger was as high as the enormous $6 billion dollar breakup concession payable to Telekom if it ever fell apart.

Then the government dared to put its two cents in, in the form of a “are you kidding me?”-lawsuit courtesy of the U.S. Department of Justice.  It seems, in the words of some Beltway cynics, the Obama Administration can manage to see a clear cut case of anti-competitive behavior when given enough time.

Since the lawsuit was announced on Aug. 31, it has been “all-hands-on-deck” for the company’s government relations division, packed full of the company’s top lobbyists.  While company lawyers desperately attempt to block what it sees as “pile on” objections and lawsuits from worried competitors, Sprint-Nextel in particular, AT&T lobbyists are trying to compromise away the Justice Department case with proposals of concessions and giveaways to make approval more palatable.

Further north, as fall turns into winter in New York’s financial district, Wall Street analysts are cold on the troubled deal themselves.

The Financial Times reports most analysts think there is now less than a 50-50 chance the merger will be completed unless the two companies agree to disgorge themselves of market share, territories, and increasing “shareholder value” that will come from eventual rate increases a wireless duopoly would inevitably bring.

Some are even less sanguine, predicting AT&T has only a 20 percent shot, and only if it sells off considerable chunks of valuable spectrum to competitors other than Verizon Wireless.

AT&T is retuning its “message” for the times, downplaying the original, ludicrous notion that urban-focused T-Mobile would be the keystone of a new era in 4G wireless service for rural America.  There is a reason T-Mobile isn’t the first choice for small town America’s cell phone buyers.

Instead, AT&T is now positioning the merger deal as a lifeboat for its troubled competitor.  AT&T suggests the number four carrier is in immediate peril — hemorrhaging customers, caught without a coherent 4G strategy, and an exodus of interest by its increasingly neglectful parent — Deutsche Telekom.

Could Time Warner Cable be an eventual part-owner of T-Mobile USA?

“Over the past two years, T-Mobile USA has been losing customers despite explosive demand for mobile broadband,” AT&T said in a statement this week. “T-Mobile USA has no clear path to 4G LTE, the industry’s next generation network, and its German parent, Deutsche Telekom, has said it would not continue to make significant investments in the United States.”

With AT&T predicting the demise of its smaller would-be cousin, consumers may not be in the mood to sign a two-year contract with a company that could soon be rechristened AT&T, especially those leaving AT&T for T-Mobile.

But don’t tell T-Mobile’s marketing department it’s a phone company on life support.  T-Mobile has beefed up its advertising and continues to irritate its larger competitors, particularly AT&T, with very aggressive pricing on its prepaid plans.

T-Mobile recently unveiled two disruptive $30 4G prepaid plans that offer either 1500 shared minutes/text messages and 30MB of data usage -or- 100 voice minutes combined with unlimited texting and up to 5GB of mobile data before the speed throttle kicks in.  Those prices are too low for AT&T and Verizon to ignore, especially when offered on a 4G network.

So far, the Justice Department shows no signs of backing down from their resolute opposition to the deal, minor concessions or not.  Shareholders may not appreciate giving the government too much of what it wants in order to win approval.  Washington lawmakers are split — virtually every Republican favors the merger, Democrats are less absolute, with most opposed.  Among those in favor, by how much is often a measure of what kind of campaign money AT&T has thrown their way.

AT&T absolutely denies they have a “Plan B” in case the merger eventually fails.  But the Times doubts that, reporting as time drags on, an alternative deal might emerge.  Some of the possibilities:

• T-Mobile USA could merge its spectrum with Dish Network, the satellite TV company, to launch a new 4G mobile operator in the USA;
• Combine forces (and spectrum) in a deal with leading U.S. cable companies like Cox, Comcast, and Time Warner Cable to launch a new cable-branded mobile operator;
• Sell or merge operations with MetroPCS, Leap Wireless’ Cricket, or one of several regional cell companies.

Perennial cable booster Craig Moffett from Sanford Bernstein predictably favors the cable solution, which would let companies offer a quad or quint-play of cable TV, wireless mobile broadband, wired broadband, phone, and cell phone service all on one bill.  It would also get the FCC off the backs of cable operators Time Warner and Comcast, who both control a total of 20MHz of favored wireless spectrum they have left unused since acquiring it at auction.  The Commission is increasingly irritated at companies who own unused spectrum at a time when the agency is trying to find additional frequencies for wireless providers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg ATTs 96000 Job Claim in T-Mobile Deal Questioned 11-8-11.flv[/flv]

Bloomberg News questions AT&T’s claim its merger deal with T-Mobile will create 96,000 new jobs. [Nov. 8] (3 minutes)

Don't bother.

Cox’s ambitious plans to get into the cell phone business were already tempered by the cable company’s decision last spring to simply resell Sprint service under the Cox name.  Now it’s “game over” as the company today quietly stopped signing up new customers and will pull the plug on existing ones March 30, 2012.

Those customers already signed up for Cox’s “unbelievably fair” cell service will officially become Sprint customers next April.

In a confidential memo obtained by Engadget, Cox executives ultimately decided it didn’t make sense for the company to invest in a limited range 3G cellular network.

Cox’s plans to utilize the 700MHz wireless spectrum it acquired in 2008 for 3G-powered wireless service began to go wrong almost from inception.  The wireless business is increasingly in the hands of two super-sized companies, thanks to ongoing mergers and acquisitions.  That leaves smaller, regional companies at a competitive disadvantage unless they heavily discount service.  While Cox was contemplating its first 3G network, AT&T, Verizon, and Sprint were well on the way to launching next generation 4G service that would have left Cox behind.

Cox itself is a regularly-rumored takeover target, likely by Time Warner Cable.  No cable industry buyer has much interest in a cell phone service.  Shedding it could make the company more attractive for would-be suitors.

Engadget reader Sal Petrarca observed:

“I always thought it ironic when I [heard Cox’s radio ad asking customers] ‘You wouldn’t order cable from the phone company, would you?’ I guess no one is going to be ordering [cell] phones from the cable company now, eh?”

Now all prepaid and contract-free.

Clearwire customers are being informed the wireless broadband provider is consolidating service plans in a move the company hopes will simplify what’s on offer.  Following on the heels of Leap Wireless’ Cricket, which launched simplified pricing last year, Clearwire will now market prepaid, no-contract broadband to new customers effective today.

Broadband Reports has been talking with Clearwire after forum members began noticing changes on some dealer websites that eliminated 3G coverage and dropped postpaid bundles of voice and data plans.  Earlier today, the company confirmed it was getting rid of contracts, early termination fees, rental fees for devices, and activation fees.  New customers will be asked to purchase their own mobile broadband device which will work exclusively on Clearwire’s own 4G WiMax network.  You can purchase plans that work by the day, week, or month.

The most popular anticipated plan will offer “unlimited” 4G wireless broadband for $50 a month.

Gone is the bundled Sprint 3G voice option and the annoying early termination fees customers howled about when Clearwire’s advertised coverage didn’t live up to expectations.  Although Clearwire continues to pitch “unlimited mobile broadband,” their notorious speed throttles will remain for “congested cell sites.”  Customers have dropped the service over significant throttling issues in some areas, which reduce speeds to near dial-up in some cases.

Broadband Reports speculates Clearwire wants to be in the wholesale broadband business, and slowly exit the retail business that has earned them the scorn (and threatened legal action) of some of their customers.

Existing customers will be able to keep their existing plans, at least for now.

Internet Service Providers who use “increasing bandwidth costs” as an excuse to raise prices or implement an Internet Overcharging scheme like usage limits or usage-based billing are being dishonest.

That’s the conclusion of a new British report that found providers grossly overestimating the costs of meeting increasing usage demands of their customers.  In some cases, providers are inflating the price of usage by 1,000 percent or more over their own costs.

“Traffic-related costs are a small percentage of the total connectivity revenue, and despite traffic growth, this percentage is expected to stay constant or decline,” claims the report, commissioned by the British Broadcasting Corporation, Britain’s Channel 4, and Skype.  “Studies in Canada and in the UK put the incremental cost of fixed network traffic at around €0.01-0.03 per GB.”

That represents a cost of pennies per gigabyte, yet many providers charge anywhere from $0.20-10.00 or more to residential customers, an incredible markup.

The study further concludes ISP claims of “ballooning costs” are simply “a myth,” and points to company financial reports which clearly show “for fixed networks, traffic-related costs are low, falling on a unit basis and likely to fall overall given declines in traffic growth and on-going cost-reducing technical progress.”

In fact, most broadband providers are reporting decreasing costs and investment in their broadband product line, while enjoying unprecedented increased profits.

As broadband traffic increases, the technology to sustain that traffic has improved, and brought unit costs for broadband traffic to an all-time-low.

The report admits that costs for wireless technology are higher, primarily because of limited airwaves, a shared usage infrastructure, and initial expenses in delivering improving connectivity with cell or wireless radio towers.  But with the advent of 4G technology, providers can sustain increased speeds, traffic, and revenue from selling wireless service that can handle higher bandwidth applications.

Plum Consulting authored the new report.

Plum Consulting, which wrote the report, concluded that even in more expensive wireless service areas like the United Kingdom, smartphone data tariffs amounting to around €10 per GB are not justified on 4G networks.

“The cost to the mobile network operator is under €1 per GB,” Plum Consulting found.

Predictably, service providers are dismissive of the report’s findings.

Trefor Davies, CTO of communications provider Timico and a member of the board at the Internet Service Providers’ Association (ISPA) says bandwidth costs are a real problem, especially for smaller ISPs that rent access on a usage-based, wholesale access plan.

“Bandwidth is by far the greatest proportion of cost for an ISP,” Davies told PC Magazine. “It’s very much you pay for what you use,” he said. “If you use twice as much bandwidth, you’re going to be paying twice as much.”

[Thanks to Stop the Cap! reader Bill H. for sharing the news.]