As political pressure over Usage Based Billing continues to keep providers from gravitating towards more stringent Internet Overcharging schemes, western Canadians are enjoying significant victories as providers relax usage caps and increase speeds for broadband service.

Weeks after Shaw Communications announced new packages with increased usage allowances and a few unlimited use plans, Telus has now followed Shaw’s lead and doubled usage caps on many of its Internet plans, slashed overlimit fees by more than half for some, and plans to increase upload speeds for one of its premium plans:

Among the major changes are dramatically increased usage allowances and the reduction of overlimit fees.

Telus customers receive their service from the phone company in various flavors of DSL.  Some older suburban and rural areas still receive speeds averaging 3Mbps, but those lucky enough to be served by VDSL can comfortably achieve the company’s fastest broadband speeds.  The increased usage allowances are welcome news, even if Telus has never strictly enforced any of them:

• High Speed Turbo 25 increased to 500GB, was 250GB;
• High Speed Turbo increased to 250GB, was 125GB;
• High Speed increased to 150GB, was 75GB;
• High Speed Lite increased to 30GB, was 13GB;
• The overlimit fee for High Speed Lite has been reduced from $5/GB to $2/GB;
• Unofficial reports suggest upload speed for Turbo 25 is being increased from 2Mbps to 3Mbps, to be rolled out gradually.

Is Telus following Shaw's lead?

The reduction in the overlimit fee for High Speed Lite was predictable in light of recent political events.  It is difficult to sustain the argument that overlimit fees and usage caps are priced to control network congestion when the lightest users face the most draconian limits and penalty fees.

But unlike their cable competitor Shaw Communications, Telus has not seen fit to offer customers a truly unlimited plan, which presents a problem for some.

“Telus needs to remember they cannot win a speed race with Shaw so they should be lowering prices, taking the usage caps off, and competing with something they can actually win — delivering customers the unlimited service they want at a reasonable price,” says Stop the Cap! reader Abel from Burnaby, B.C.

Separately, Telus also quietly introduced a rate increase for basic home telephone service.  What used to be $21 a month is now $25, an increase of four dollars.

The dramatic plan changes underway in western Canada come in response to political pressure and consumer ire against Usage Based Billing (UBB).  Bell, which provides much of Canada with wholesale broadband access, was seeking to force independent providers to abandon unlimited, flat rate pricing in favor of ubiquitous UBB.  The provocation brought a half million Canadians to sign a petition against metering broadband.

For eastern Canada, thus far little has changed as Bell, Rogers, and Videotron continue with business as usual.

Should any family have to fight over the monthly Internet bill?

One of the side effects of Internet Overcharging is the one-two punch of the usage cap combined with a steep overlimit penalty.  While usage capping providers pay pennies for your Internet traffic, they can charge you up to $10/GB if you dare exceed your plan allowance.

Making sure you don’t… too much… is the job of the provider who will helpfully educate you on how to use your service less, how to establish an in-home Ministry for State Security — tracking down those malfeasant family members who want to deny running the bill up, and providing inaccurate monitoring tools designed to make you think twice about everything you do online.

Far-fetched?

Not really.  Just ask Mathew Ingram, a Rogers Cable customer in Ontario who tells Techdirt he spends much of his free time trying to figure out who is doing what with the family broadband account:

I have three teenage daughters who also download music, TV shows and so on. I figured someone had just gone a little overboard, and since it was close to the end of the month, I thought it wasn’t anything to be worried about. The next day, however, I went online and checked my usage (Rogers has an online tool that shows daily usage), and it said that I had used 121 GB more than my allotted amount for the month. In other words, I had used more than 100 GB in less than two days.

I just about spit my coffee all over the computer screen. How could I possibly have used that much? According to Rogers, I owed $181 in overage charges. Luckily there is a maximum extra levy of $50 a month (just think what it would cost if I was subject to usage-based billing).

With the help of Rogers (who also helped themselves to $50 of Ingram’s money for overlimit fees), an employee identified security holes in his wireless router which could have let all the neighbors join the broadband usage party at his expense.  But in reality, after considerable family tension and drama, one of Ingram’s daughters confessed to downloading some TV shows and forgot to close the file sharing software used to grab them.

Ingram learned a $50 (this month) lesson — he is not free to sit back and enjoy his broadband account that costs him much more than American providers charge for the same thing (without a usage cap).  He serves at the pleasure of Rogers Cable, who wins if Ingram succeeds in keeping his family’s usage under the limit — costing Rogers less money, or by pocketing the overlimit fees charged when he fails.

What scares many Canadians are plans by some providers to eliminate the monthly maximum overlimit fee.  That would have left Ingram paying a $181 penalty instead of $50.  As far as cable companies like Rogers are concerned, it’s his own fault for not keeping his family under control, and now he will pay the price.

Broadband Reports has obtained a leaked memo stating AT&T plans on eliminating its flat rate broadband plans for DSL and U-verse customers effective May 2nd.

On that date, AT&T will limit its DSL customers to 150GB per month and its U-verse customers to 250GB per month in what will be the largest Internet Overcharging operation in the nation.  Customers who violate the usage limits will face a three-strikes-you’re-overcharged penalty system.  After three violations of the usage limit, customers will pay an additional $10 for each block of 50GB they consume.  Although that represents just $0.20 per gigabyte, less than some others have imposed, it is not pro-rated.  Whether a customer uses one or fifty “extra” gigabytes, they will face the same $10 fee on their bill.

Customers will begin receiving notification of the change in the company’s terms of service March 18.

AT&T claims only 2 percent of their DSL customers will be exposed to the Internet Overcharging scheme.

“Using a notification structure similar to our new wireless data plans, we’ll proactively notify customers when they exceed 65%, 90% and 100% of the monthly usage allowance,” AT&T’s Seth Bloom told Broadband Reports. The company also says they’ll provide users with a number of different usage tools, including a usage monitor that tracks historical usage over time, and a number of different usage tools aimed at identifying and managing high bandwidth consumption services.

“Using a notification structure similar to our new wireless data plans, we’ll proactively notify customers when they exceed 65%, 90% and 100% of the monthly usage allowance,” AT&T tells us. The company also says they’ll provide users with a number of different usage tools, including a usage monitor that tracks historical usage over time, and a number of different usage tools aimed at identifying and managing high bandwidth consumption services.

However, AT&T’s accuracy in measuring broadband usage is open for debate.  The company is facing a class action lawsuit over its wireless usage billing.  According to the suit, AT&T consistently inflates usage measured on customer bills.  No third party verification or oversight of usage meters is mandated — customers simply have to trust AT&T.

AT&T ran trials in Beaumont, Tex., and Reno, Nev., from 2008 with a range of usage limits.  Customer reaction to the trials was hostile, and the test ended in early 2010.  In December, FCC Chairman Julius Genachowski told providers the agency was not opposed to usage limits and consumption billing schemes, leading some to predict the green light was given to companies willing to test whether customers will tolerate Internet Overcharging.

AT&T claimed this weekend its new pricing was going to benefit customers.  So long as customers keep paying their bills, AT&T will not “reduce the speeds, terminate service or limit available data like some others in the industry,” Bloom said.

But the usage limits come at the same time Americans are increasing their consumption of online video and other high bandwidth services.  Usage limits which may appear to be reasonable at first glance become punishing when they do not change over time and customers increasingly risk exceeding them.  Once established, several companies have repeatedly lowered them to further monetize broadband service usage.  AT&T has delivered some of the lowest usage limits in the wireless industry, so it has faced customer criticism in the past.

Customers tied to existing term contracts may likely avoid the usage caps temporarily.  Others will not stick around long enough to find out.

“I will be canceling my U-verse service on Monday and go back to Time Warner Cable,” writes Stop the Cap! reader Jeffrey.  “I will never do business with a provider that imposes overlimit fees on usage that literally costs them next to nothing to provide.  It’s like charging extra for every deep breath.”

Some of our other readers are headed back to Comcast, which has a 250GB usage cap, or exploring DSL provided over AT&T lines by third party companies, which likely will not impose usage limits, at least for now.

“Charging 20 cents per gigabyte isn’t too bad, but you just know AT&T will lower the caps or jack those rates up,” our reader Ian writes. “It is very important to send AT&T a message right now we are prepared to quit doing business with them over this issue, or else we will be nickle and dimed to death by them tomorrow.”

Our reader Jared asks whether new legislation has been introduced to curb unjustified Internet Overcharging.  In 2009, then Rep. Eric Massa (D-N.Y.) introduced a bill to ban Internet Overcharging unless companies could prove it was justified.  At the moment, there is no new legislation, but when providers attempt to overreach and impose pricing the vast majority of broadband customers oppose, that could change.

At the moment, Stop the Cap! recommends AT&T customers begin to explore alternative providers and prepare to terminate their service with AT&T unless they scrap their Internet Overcharging scheme.  AT&T earns billions in profits from their broadband division and spends millions on lobbying.  With this amount of largesse, AT&T does not need this pricing scheme to remain profitable.

CanadianDownload fills the marketplace niche of delivering websites that are now too big to download under Canada’s Internet Overcharging schemes.

America, the home of the free and the brave… and the unlimited use Internet service plan, is coming to Canada’s rescue.

Want to watch the latest CRTC hearing about broadband or download a Linux distribution, but don’t want to blow through your puny usage allowance?  Let a new website do the downloading for you.

American-based CanadianDownload.com is part mission of mercy, part online embarrassment for Canadian officials who have allowed the country’s broadband to lapse into a highly expensive, slow, and irritating mess.

Justin Bowman and his business partner Matthew Neder Laden are behind the website, which fielded 130,000 visits on its first day of operation.  The two run a security camera outfit that has nothing to do with Canadian broadband, but considering their headquarters are in the mountains of North Carolina, one of the hotbed states for Internet Overcharging experiments south of the Canadian border, they strongly sympathize with the plight of ordinary citizens paying too much, for too little service.  And because many of their customers want to remotely access the cameras they sell, their business could ultimately be impacted by paltry usage limits, too.

“The initial idea was just a protest of the ludicrous bandwidth caps that [Canadian ISPs] have placed on their customers,” Bowman told the Financial Post. “But the other part of it was just to provide a service.”

“We had no idea it would actually catch on and that people would actually give a rat’s ass about [the site], but they did,” he said.

Considering most Canadian cable and phone company Internet service plans are limited to 60 or fewer “rat asses” per month (and dropping), their surprise might be unwarranted.

Visitors are invited to enter the URL of the website they want shipped north, and the service will mail the discs at no charge using the cheapest possible shipping method, which you learn more from ArdentX.

Bowman and Laden

The two have spent countless hours burning DVD’s for consumers across Canada since the site launched earlier this month.  But there are limits.  Nearly 90 percent of the requests are “not serious,” according to Bowman.  Requests for “Google” as well as racy online content can’t be fulfilled, and the service is careful to avoid running afoul of copyright law.

“I don’t want to mess with that, having the FBI on my ass because I’m shipping bootleg items across international lines, I’m just not going to do that,” Bowman said. “Basically we’re keeping it to open source software, a lot of those data files are pretty massive.”

All in all, CanadianDownload.com exists to make a point — that broadband service in Canada can never be a success story with Internet Overcharging schemes hanging over its head.  Just as a carrier pigeon in South Africa proved it could deliver faster service than the overpriced broadband incumbent, an American website has called out the current Canadian broadband nightmare of high prices and usage caps.  The scariest part of the story is that mailing DVD’s with web content could eventually become financially viable.

At least the United States Postal Service and Canada Post, who will reap the revenue delivering all those discs, hope so.

“We’ll [continue] for as long as we can,” Bowman told the Post. “So long as we can still make rent and feed ourselves… yeah we’ll keep on mailing you guys stuff.”

From CanadianDownload’s blog:

The metered bandwidth decision was and always has been about Netflix, iTunes, torrents, and other threats to dying media business models. From CRTC to Comcast, here in the states, the international business community must fight back against the monopolies who (for the most part) ran their cables on the back of public subsidies and now want to dictate how these pipes are used. We broke up big-Bell, it’s time to do the same here.

Here at SCW, we have been very concerned with bandwidth caps. We’ve been called [innovative] for our work with CanadianDownload.com, but we aren’t; we just hearkened back to old school business models. Bandwidth caps reduce innovation; they don’t increase it. Also for all the talk of “smarter way to ship data,” we have to state that we want this business model to fail. Although there is a need for this type of service in places like South Africa, Australia, and many other parts of the world, more innovation will be possible with an open and accessible Internet than with the “innovation” associated with bottling it up and shipping it.

The actions by ISP monopolies puts all online business at risk – and not just services like Netflix, imgur, and iTunes. In a world of metered bandwidth, low bandwidth versions of sites will have to be created — which squashes rather than creates innovation. Furthermore, this puts any site that serves online advertising at risk. If you bandwith is metered, who could blame someone for using tools such as ad-block-plus to take more control of your bandwidth allowance. This translates to a direct reduction in revenue for sites that support themselves via advertisement. The saddest part of this is that even the portal sites for ISPs, (where you can see your bandwidth usage), show ads.

Gary McCallum, a Shaw customer in Edmonton, Alberta, has received word his broadband service is about to get more expensive — a lot more expensive.

“Holy crap, it’s like text messaging [bill shock] all over again when your broadband bill arrives and you are now looking at hundreds of dollars instead of the $40 or $50 you used to pay,” McCallum told CTV News.

McCallum, and other designated “heavy users,” are receiving letters in the mail from Shaw notifying them they have been exceeding the company’s declining usage limits imposed on its broadband service.  If they exceed the limits again, they may be subject to penalty fees of as much as $2 per gigabyte.

“I’m upset about the backdoor tactics,” McCallum complains.  “They keep it secret and then lambaste you later.”

Most Shaw customers will be forced to confine their usage to 60GB per month, the limit on the company’s most popular broadband plan.  If they don’t, after some warning, they’ll pay a stiff fine.  Just 20GB of overlimit usage will more than double the average customer’s broadband bill, currently around $37 a month.

A house full of teenagers watching Netflix or downloading files could cost far more than that.

Company officials deny the potential revenue bonanza is unjustified.

Customers who use more will pay more, admits Terry Medd, vice-president of operations for Shaw Communications in Calgary.

“It’s video over the Internet that’s driving a lot of this cost,” he said. However, most Shaw Internet customers won’t hit their caps, Medd claims, suggesting it should affect fewer than 10 per cent of customers.

“The average user consumed about one-third of what the cap is. In other words, we’ve set the caps at three times the average usage. For the average user, there’s no concern here,” Medd said.

However, Shaw recently reduced their usage caps on virtually all of their Internet plans, making it more likely customers will be snagged by overlimit fees.

Some customers want to know what they will get if they use far less than their plan allowance.

Don McGregor believes Shaw’s plan to charge Internet users for the data they use is fair and equitable, so long as those who use less than the allowance get a break on their bills.

“Shaw should plan on refunding fees for any use of data below the contracted amount,” the Edmonton resident wrote in a letter to the editor published in the Edmonton Journal.  “Since 90 per cent of Shaw’s subscribers use less than the full GB capacity they pay for, I am sure these subscribers’ refund cheques are in the mail.”

Don, like other Canadians, is about to learn Internet Overcharging is never about fairness or saving customers money.  It’s about charging customers more for the same service they used to receive for less, without any improvements.  ISPs will not provide true “usage pricing” for consumers because it would slash revenue from their broadband service.

But western Canadians need not be victims of Shaw’s overcharging.  Telus, which sells landline-based DSL service in British Columbia and Alberta says it has upgraded its facilities to accommodate usage demands and won’t expose customers to overlimit fee bill shock.

Telus offers a way out of Shaw's Money Party hangover

Although Telus’ website does show usage limits, company officials claim they are rarely enforced, and not at the subscriber’s expense.

Telus could make a significant dent in Shaw’s customer base by dropping them altogether, which will save the phone company from these kinds of  silly legal gymnastics in their FAQ:

Why do you call your service unlimited, when my monthly usage is limited?
We refer to TELUS High Speed as being unlimited because you get unlimited hours of monthly access.

If you do not want to play Shaw’s Internet Overcharging game, perhaps spending time with a new Xbox 360 would be better?  Telus is giving them away to qualified new customers signing up for service.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Edmonton Shaw Internet Overcharging 1-7-11.flv[/flv]

CTV News in Edmonton informs Alberta’s Shaw customers their broadband service could get a lot more expensive.  (2 minutes)