Thune

When Sen. John “Net Neutrality is unjustified” Thune (R-S.D.) and Rep. Fred “Net Neutrality is a solution in search of a problem” Upton (R-Mich.) last week magically became Internet activists ready to solve the Net Neutrality issue with an “unambiguous” bill to “protect Americans” from greedy ISPs, you will pardon me if I am just a tad suspicious.

The two Republicans who champion “less government regulation is better” and “let the marketplace decide for itself”-principles are proposing new legislation that will regulate the conduct of Internet Service Providers, claiming it will tie their hands and prevent the launch of Internet fast lanes and ban traffic degradation.

The two legislators are traveling in a fast lane of their own — hurrying to schedule hearings, mark up a bill, and speed it to the floor for consideration by the end of this month. That’s a marked departure for the U.S. Congress-as-usual, the one that can’t manage to pass virtually anything, much less in a hurry. So where is the fire?

It is at the Federal Communications Commission in Washington, scheduled to vote on its own new Net Neutrality proposal by the end of February. Thune and Upton are hoping to launch a pre-emptive strike against the anticipated strong Open Internet protections the FCC will probably enact on a party line vote. The FCC is likely to pursue a reclassification of broadband away from the lobbyist-lovin’, largely deregulated “information service” it is today towards a “telecommunications service” under Title II of the Communications Act. That represents Comcast’s worst nightmare.

Current FCC rules have allowed traffic shenanigans from ISPs like Comcast that don’t mind slowing their customers’ Netflix experience to a crawl until the streaming company opens its checkbook. The FCC’s anticipated new proposal would strictly forbid any creative end-runs around the concept of paid fast lanes Comcast can get away with today.

The proposed Republican alternative suggests a “third way” compromise only Comcast and AT&T could love. While ostensibly banning intentional interference with Internet traffic, the two legislators include a Grand Canyon-sized loophole in the form of one word you could fly an Airbus A380 through: reasonable

SEC. 13. INTERNET OPENNESS.

(a) OBLIGATIONS OF BROADBAND INTERNET ACCESS SERVICE PROVIDERS.—A person engaged in the provision of broadband Internet access service, insofar as such person is so engaged (1) may not block lawful content, applications, or services, subject to reasonable network management; may not prohibit the use of non-harmful devices, subject to reasonable network management; may not throttle lawful traffic by selectively slowing, speeding, degrading, or enhancing Internet traffic based on source, destination, or content, subject to reasonable network management; may not engage in paid prioritization; and shall publicly disclose accurate and relevant information in plain language regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings, except that a provider is not required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices.

No ISP has ever declared its own traffic management policies unreasonable, so whatever they do, in their minds, is “reasonable” by definition.

Upton

The proposed bill would keep Net Neutrality far away from the critical Title II foundation it needs — essential armor that will help withstand inevitable court challenges by providers outraged by the government’s attempt to interfere with their free speech rights (at the expense of their customers’ freedom from content-killing traffic slowdowns).

The concept of “network management” is Play-Doh in Comcast and AT&T’s hands. It could mean balancing traffic by adding more capacity as needed or implementing a “fair access policy” that rations inadequate capacity. Both could easily be called “reasonable” by them. Customers paying for 25Mbps and getting 6Mbps during the evenings may think otherwise.

But no worries, the Republicans’ plan requires ISPs to disclose exactly how they are undercutting the broadband service you paid good money to receive. They claim that will give you an “informed choice,” except for many Americans, there is no choice.

The FCC’s plan is much more likely to stop to the tricks, traps, and traffic manipulation in whatever form arises now or in the future. It uses well-established precedent that is unlikely to be thrown out by the courts, delivers real oversight desperately needed in the monopoly/duopoly broadband marketplace, and will actually protect consumers.

The Republican alternative primarily protects AT&T, Comcast, and their chances of getting more campaign contributions from their friends in the cable and phone business. In short, it isn’t worth your time, and you should tell your member of Congress it isn’t worth theirs either.

HughesNet customers unjustly cut off from their Internet service for violating the company’s “Fair Access Policy,” or who paid an early termination fee when they realized satellite Internet was not for them may qualify for a settlement payment ranging from $5-40, or “tokens” that can provide a temporary free pass from the company’s usage caps as part of a class action lawsuit settlement.

Broadband Reports‘ readers who subscribe to the satellite provider first mentioned receipt of the settlement paperwork, which provides cash payments for ex-HughesNet customers who subscribed to any of the following Hughes Consumer Service Plans between May 15, 2005 – March 2, 2012:

Home, Pro, Pro Plus, Small Office, Business Internet, Elite, ElitePlus, ElitePremium, Basic, Power 150 and Power 200

Customers who canceled service are qualified to receive the cash payments. Those who paid an early termination fee prior to Dec. 6, 2010 will receive $40. Those who canceled as of March 2, 2012 and did not pay an early termination fee will receive $5. HughesNet also promised to implement a new sliding scale for their early termination fee. Each month you remain a customer under a service contract will reduce the amount of the fee by a proportional amount.

Current customers do not receive a cash settlement. Instead, they will be provided with a minimum of one “Restore token” per calendar month for the next 18 months. That may be nothing special — HughesNet already provides one token per month to every customer.

The HughesNet Fair Access Policy includes a download allowance. Users who exceed their allowance will have their service speeds reduced during the “Recovery Zone” for about 24 hours, after which speeds return to normal. Customers can apply their Restore token as a “get out of jail free” card, instantly restoring normal speeds.

HughesNet was sued for misleading customers about the company’s onerous usage limits and expensive early termination fee policy.

The lawyers bringing the case will receive fees, costs and expenses of up to $630,000. Up to $5,000 will be paid to each of the three Class Representatives that were part of the original lawsuit. Those seeking relief under the settlement have until September 28, 2012 to apply.

Complete information on the settlement and how to apply is available at: Satelliteinternetsettlement.com

Getting Internet service in rural America can involve a whole lot more than calling the local phone company to check if DSL service is available.  When it is not, satellite broadband is often the only realistic choice to access the Internet.  Unfortunately, navigating through the options, terms and conditions, and restrictions requires the help of a lawyer or rocket scientist.

Kevin Hanssen, a dairy farmer in rural Wisconsin is just one of a dozen Stop the Cap! readers who access us over a satellite Internet connection.  He, along with others, have been writing requesting assistance navigating an increasingly confusing amount of detail about recent upgrades taking place at the parent company of his provider — WildBlue, a service of ViaSat.

As Stop the Cap! recently reported, ViaSat is placing a new satellite into service that will bring improved service for certain customers.  Long time customers like Hanssen have waited more than two years for company-promised upgrades that would bring better speeds and more generous usage policies. Currently, Hanssen faces a tiny usage allowance and “broadband” speeds of well under 1Mbps, especially in the evening.

“As a long term customer, I have lived under a plan that gives me 7.5GB in downloads and 2.3GB in uploads, but my experience with WildBlue may be very different than other customers, because the company has so many legacy and special plans that apply to different customers, so it is very hard to say ‘this is WildBlue’s policy’ because it can vary so much,” Hanssen tells us.

Indeed, over WildBlue’s history, ViaSat has changed its access policies several times, sometimes raising, but often lowering usage allowances accompanied by rate adjustments.  Since 2005, WildBlue customers who originally faced a simple 30-day consumption limit that reset after each billing cycle now face a combination of a usage allowance under the company’s “Fair Access/Data Allowance Policy (FAP),” and an even more confusing rolling speed throttle called the “Quota Management Threshold (QMT).”  Exceeding a monthly usage allowance guarantees broadband speeds of dial-up or less.  Speeds are also curtailed temporarily for customers who run browsing sessions that consume as little as 30MB over a 30 minute period.

WildBlue's Quota Management Threshold starts reducing your speeds after a heavy browsing session.

With the help of Cisco, which created the throttled bandwidth technology, WildBlue’s combined FAP and QMT systems make it impossible for a customer punished just once by speed throttles to completely clear their record as a ‘known bandwidth abuser’ unless they avoid using any bandwidth for a month.  For most customers unequipped to fully grasp the highly technical explanations of both policies, customer service representatives boil it down to something easier to understand: the less service you use, the better the chance you will not face a speed throttle rendering your connection practically unusable.

WildBlue's confusing throttle.

With strict limits in place, WildBlue not surprisingly scores among the lowest of all Internet Service Providers for customer satisfaction, and its nearest competitor Hughes does no better.

“As you have written before, satellite really is ‘take it or leave it broadband’ — heavily rationed, confusing, and very expensive,” Hanssen says.

For Hanssen and other Stop the Cap! readers who rely on satellite Internet, the promise of new capacity and faster speeds were supposed to turn “satellite as a last resort” into something more comparable to 4G wireless in America’s most rural areas.  But as our readers share, there is a big chasm between marketing hype and reality for customers on the ground.

Confusing Brands & Pricing

ViaSat has not been content to offer customers a single brand of satellite broadband service.  In addition to WildBlue itself, ViaSat markets plans under the American Recovery Act (the broadband stimulus program), co-branded service from DirecTV, DISH, AT&T and the National Rural Telecommunications Cooperative (NRTC), and forthcoming service on its newest satellite, ViaSat 1, which the company is marketing as “Exede” Internet. Customers west of the Mississippi who qualify for the American Recovery Act program get free installation and more generous usage allowances of up to 60GB per month.

“For two years, WildBlue has told us better usage allowances and faster service was coming with the new upgraded satellite, which we assumed would service all existing WildBlue customers,” Hanssen shares. “Now it turns out they are leaving existing WildBlue customers behind on the old satellite and creating a brand new service to sell new customers on the new satellite.”

Indeed, for marketing purposes, WildBlue and Exede are two different entities, and WildBlue customers looking for faster speeds from Exede will need to pony up at least $150 for new equipment, sign a new contract, and switch to a new Fair Access Policy that actually delivers many customers a lower usage allowance than their existing service from WildBlue offers.

“It’s total bait and switch, promising us faster service and then reducing the usage allowance that goes with it and adding around an $8/GB over-usage fee on Exede,” Hanssen says.

For customers served by the new ViaSat 1 satellite, Exede sells service based on usage, not speed.  The advertised speed (not independently verified) is 12/3Mbps, which will cost $49.99 for up to 7.5GB per month, $79.99 for 15GB per month, or $129.99 for 25GB per month.

“Highway robbery I call it, because some of those caps are lower than on WildBlue so you are paying for better speed you won’t be able to use unless you agree to pay a lot more for a bigger allowance,” Hanssen says.

New Customers Get Priority Over Old Ones?

Customers eager to switch to the new, faster satellite broadband service report they are encountering roadblocks from ViaSat and their large independent dealer network responsible for sales and service of the satellite reception equipment.  An often-heard accusation is that current customers are taking a back seat to new customers already invited to sign up.

That is a charge ViaSat, through its support forum, has strongly denied.

“We’re not giving preferential treatment to new vs. existing customers,” says WildBlue Forum Administrator Steve. “The dates we’ve quoted to existing customers who call in are approximately April/May, but yes, it could be sooner. It all depends on the number and availability of certified installer technicians in a given area. If someone absolutely wanted it now, we’ll try our best to accommodate that along with the big flood of new orders we’re receiving.”

Steve explains the delays to upgrade existing customers are occurring because new customer installations are currently “through the roof.”

An independent dealer offers new customers a better deal.

But Stop the Cap! has also learned from an independent WildBlue dealer that ViaSat is offering a bonus for dealers who sign new customers, an incentive not paid to upgrade existing ones.  Some new customer promotions also offer free installation and deep discounts until the end of 2012 for 15GB ($49.99) and 25GB ($79.99) service on the new ViaSat 1.  Existing customers do not get the discount pricing and have to pay a $150 installation fee for new equipment required for the new satellite.  Customers within a 2-year initial contract term pay even more: $250.

Customers Revolt

The government-sponsored Broadband Initiative program required WildBlue to provide a more generous usage allowance in return for broadband stimulus money.

Customers learning about the new pricing are unhappy.

Bill Cameron feels let down as a loyal customer by ViaSat’s pricing:

This new Excede 12 plan is an absolute joke. 12Mbps is awesome but the top plan limits you to a up/down total of 25GB and its $129.99 +$9.99 lease fee. So what good is 12Mbps if you really cant use it? Forget Netflix, Hulu or any Video on Demand. I have DirecTV and was hoping to be able to do some streaming but there is no way. If I want to stay at the same $80/mo price point I will loose 7GB of monthly cap since the mid tier plan is 15GB combined up and down. I don’t know what WildBlue is thinking here. Come on, $140/mo in the middle of a recession? Plus there is a $149 setup fee and even customers who have been with them for 7 years, like me, has to pay it. My loyalty is not rewarded one bit. A brand new customer pays the same amount.

A Broadband Reports reader sums up his views about WildBlue’s broken promises:

[…] We have been living with low caps on Wildblue for years, then for several years they -promise- an upgrade that will change everything. Then they up the speed to something most people don’t need, and REDUCE the amount of data available by a LARGE amount, increasing the price as well significantly. It was not what we were lead to believe. This was supposed to be an upgrade, but the speed is useless without quantity, that point has been made over and over.

And it doesn’t take someone sitting all day to go over the caps. It can take a little over an hour every day for one person to go over on the current 512Kbps plan, imagine with more speed how easy the person can go over with about 23% less data available.

Bottom line, it was not an upgrade, period, for many of us. Every neighbor I know is thinking the same thing, some currently drive 30 miles one way to get to a free hotspot to have enough bandwidth for online classes. The offered new plans are not enough for what they do either. Is anyone that understands the limits of satellite asking for anything unreasonable, NO. We were expecting an increase of some sort, any kind, not further insane restrictions after years of being restricted. A downgrade and overcharging is not an upgrade no matter how they try to spin it to us. If so few use what’s available as they say anyway, what would have been the harm of doubling the current caps. PERFECTLY REASONABLE EXPECTATIONS.

Kevin Hanssen wishes he had better options:

At this point, just about anything would be better than WildBlue.  Since AT&T shows no interest in bringing me DSL service, it’s probably going to be wireless broadband or nothing.  We have spotty cell coverage in this part of Wisconsin, but should a provider do something about that, we would still be facing tiny usage allowances in the 2-10GB range.

This is why universal service policies should extend to broadband service, to make certain rural America has reasonable access at reasonable prices.

There is nothing reasonable about satellite or wireless Internet at these speeds, allowances, and prices.  WildBlue wants new customers at all costs, even if they walk over their loyal customers to sign them up. But why shouldn’t they? Their only effective competition is Hughes, and they are actually worse!

The successful launch of ViaSat 1, the new satellite broadband satellite.

ViaSat, the parent company of satellite Internet service provider WildBlue, will introduce new pricing and speed packages Tuesday for its satellite broadband service.

WildBlue has offered satellite-based Internet access for several years, but the speeds and heavily-restricted “fair access policy” have left many customers looking for something better.  But for many satellite Internet customers, DSL or cable broadband is miles away and will be indefinitely, so any improvement in satellite broadband is good news.

“Are the days of satellite fraudband finally over?” asks Stop the Cap! reader Madeline who lives in rural Idaho. “I was a customer of WildBlue and Hughes in the past and both were not worth bear spit.”

Madeline and her family are potato farmers, and have been for three generations.  She remembers when the phone company started selling dial-up Internet access and got hooked on the Internet to get updated weather reports, trade farming information, and stay in touch with relatives.  But as the web has grown more multimedia-oriented, dial-up has progressively become an intolerable way to experience it.

“In the 1990s, web ads and pages were simple and they’d load quick,” she says. “Now it’s all video ads and other things that take five minutes or more to appear, so you become stuck waiting until you give up.”

WildBlue’s new satellite, ViaSat 1, may change the perception of a satellite Internet experience that is only slightly more tolerable than dial-up.  With speeds up to 12Mbps, WildBlue’s new speed packages will finally deliver something more than the 1.5Mbps “Pro” service the company currently sells for $80 with a 17GB usage cap.

“The key words with satellite are ‘up to‘ because you never get the speeds they promise, especially at night when everyone is on,” Madeline says. “If you use what they consider to be ‘too much,’ your speeds are cut further.”

ViaSat 1 has a total capacity of 140Gbps, double that of the company’s other satellite — KA-SAT.  That wireless pipeline will eventually be shared by commercial, government and residential customers.  With several hundred thousand anticipated users, WildBlue will continue to restrict usage even with the new capacity.  No word on what specific limits will be put in place, but it is likely customers will at least enjoy a speed boost from the new satellite.  ViaSat hopes to economize using web compression technology and other traffic management techniques to make efficient use of the satellite’s broadband capacity.

Madeline remains unconvinced, however.

“You don’t choose satellite Internet because you want to, you choose it because you have to,” she says. “My guess is WildBlue will continue the same low caps — especially to make sure we steer well clear of web video — and will still charge us a lot of money for service you can’t use all you want.”

Madeline went back to dial-up and frequently visits some nearby relatives who receive Internet from a Wireless ISP.

“While everyone else in the country is talking about Netflix and making video calls to relatives, we are still sending e-mail and setting egg timers to make sure we don’t stay online too long and get throttled before the month is out.”

WildBlue’s Existing Packages (Company-supplied information)

WildBlue’s Acceptable Use Policy.

*A “threshold” (a/k/a “usage cap”) is the amount of data that you can upload or download in a 30-day period before WildBlue’s Fair Access Policy (speed throttle) applies.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Wildblue Demo.flv[/flv]

WildBlue produced this demonstration to show off web browsing over its new ViaSat 1 satellite.  Keep in mind this browsing session took place before the satellite was available for general customer use and the company avoids mentioning its usage limits, which are extremely small in comparison to wired broadband.  (3 minutes)

Cornell University students pay an average of $37,000 a year (before housing, student fees, and other expenses) to attend one of America’s most prestigious universities.  When they arrive on-campus, it doesn’t take long to learn the college has one of the nastiest Internet Overcharging schemes around for students deemed to be using “too much Internet.”

For years, Cornell limited students to less than 20 gigabytes of Internet usage per month, only recently increasing the monthly allowance to 50GB this summer.  Cornell’s overlimit fee starts at $1.50 per gigabyte, billed in megabyte increments.  Now some students are pushing back, launching a petition drive to banish the usage limits that curtail usage and punish the 10 percent of students who exceed their allowance.

Christina Lara, originally from Fair Lawn, N.J., started the petition which has attracted nearly 300 signatures over the past few weeks.

“Cornell students, along with students across the world, rely on the Internet to pursue their academics, independent research, and leisure activity,” Lara writes. “We should not be subjected to charges for our Internet usage, particularly because our curriculums mandate we use the Internet. Despite this, Cornell University continues to adopt NUBB (Network Usage-Based Billing), which charges students for exceeding the 50 gigabyte per month ‘allowance.'”

Lara incurred bills as high as $90 a month in overlimit fees last year, thanks to regular use of Netflix and Skype for online video chats with friends and family back home.

Internet fees for on-campus housing are included in the mandatory student services fee.  Although Time Warner Cable has a presence on campus, most residence halls don’t appear to be able to obtain service from the potential competitor, which sells unlimited Internet access in the southern tier region of New York where Cornell is located.  Instead, Cornell students on campus rely on the university’s wireless and Ethernet broadband network, and DirecTV or the university’s own cable TV system for television.

Lara

The apparent lack of competition makes charging excess-use fees for Internet usage easy, critics of the fees charge.

“It’s much easier if you live off-campus or in one of the apartment complexes students favor,” says Neal, one of our readers in the Ithaca area who used to attend Cornell.  “The only complication is getting access to the University’s Intranet, which is much easier if you are using their network.”

Neal says Verizon delivers landline DSL to off-campus housing, but not on-campus.  Because the service maxes out at 7Mbps, most who have other options sign up for Time Warner Cable’s broadband service instead.

“It’s cheaper on a promotion and much faster, and it’s still unlimited,” Neal says. “Hasbrouck, Maplewood and Thurston Court were the only residential buildings that offered the chance for Time Warner Cable on-campus, and only if the wiring was already in place.”

Neal notes many apartment complexes off campus have contracts with Time Warner Cable, which means cable TV and basic broadband are included in your monthly rent.  Some Cornell students who live on or near campus try to make do with a slower, but generally free option — the Red Rover Wi-Fi network administered by the University.  Others reserve the highest usage activities for computers inside university academic buildings, where the limits come off.

Lara complains Ithaca, and the southern tier in general, is hardly an entertainment hotbed, making the Internet more important than ever for leisure activities.

Time Warner Cable provides the rest of Ithaca with unlimited Internet.

“If Cornell was situated in a major metropolitan area with a vast nightlife that could accommodate the interests of most, if not all, our undergraduates, then many Cornellians wouldn’t be so inclined to stay in their rooms and get on the Internet,” Lara says. “But that’s not the case. Cornell’s Greek life dominates the social scene, making ‘nightlife’ a dividing factor in the community.”

Tracy Mitrano, Cornell’s director of information-technology policy, told The Chronicle the vast majority of students will never hit the cap, and those that do cannot be charged more than $1,000 a month in overlimit fees, regardless of use.  Those that do exceed the limit typically find a monthly bill for “overuse” amounting to $30.

“The approach that Cornell uses offers transparency and choice,” said Mitrano. She noted that Cornell provides students with clear information regarding their network usage by alerting them by e-mail when they are about to hit the limit and by setting specific rates for overuse fees.

“The choice seems to be using the university network or moving off-campus to buy Verizon or Time Warner Cable broadband to avoid the usage cap,” counters Neal. “I am not sure their ‘choice’ argument flies if students don’t have the option of signing up for Road Runner in their rooms on their own, bypassing the Internet Overcharging altogether.”

Both Neal and Gregory A. Jackson, vice president of Educause, seem to be reaching consensus on whether or not universities should be charging students for Internet separately from room and board.  Jackson notes it is a discussion being held at an increasing number of universities.  Neal thinks having a wide open access policy to deliver competition could solve this problem in short order, and students should make the decision where to spend their broadband funds themselves.

“If Cornell’s IT bureaucracy faced unlimited-access competition from Verizon and Time Warner Cable, do you think they’d still have a 50GB usage cap, considering only a small percentage of their captive customers exceeded it,” Neal asks.  “Of course not.”

[Thanks to PreventCAPS for the story idea.]