AT&T and Verizon: The Doublemint Twins of Wireless

Mirroring AT&T’s announcement last month that it would begin implementing speed throttles for wireless unlimited data plan customers who are among the “top 5% of users,” Verizon Wireless quietly made changes last week allowing the company to throttle its own unlimited data plan “heavy users” who consume more than 2GB of usage per month on its 3G network.

But Verizon claims it isn’t actually throttling the speeds of customers, it is simply engaging in “network optimization practices” and using “network intelligence” to reduce speeds (sometimes to near-dial-up) while connected to a “congested cell site.”

That will prove a distinction without much difference to customers who rely on 3G data usage using cell sites Verizon deems congested.  They may also find the time spent in Verizon’s penalty box unusually long.

“You may experience [reduced speeds] for the remainder of your then current bill cycle and immediately following bill cycle,” Verizon’s FAQ states.

That can mean customers paying $30 a month for an “unlimited data plan” may find 3G usage a very slow experience for a maximum of two months before they are off Verizon’s throttle list.

The new speed throttle policy began Sept. 15.  Verizon:

Network Optimization practices and throttling is network intelligence.  With throttling, your wireless data speed is reduced for your entire cycle, 100% of the time, no matter where you are. Network Optimization is based on the theory that all customers should have the best network possible, and if you’re not causing congestion for others, even if you are using a high amount of data, your connection speed should be as good as possible. So, if you’re in the top 5% of data users, your speed is reduced only when you are connected to a congested cell site. Once you are no longer connected to a congested site, your speed will return to normal. This could mean a matter of seconds or hours, depending on your location and time of day.

Verizon has not said exactly how many of its cell sites it deems as “congested,” at what times that congestion is most likely to occur, and admits there is currently no way customers can learn when they are connected to a congested site so they can make an informed decision about their usage.

But the company does say customers can avoid the penalty:

1. Upgrade to a 4G phone and hope for good 4G LTE coverage.  Customers using Verizon’s 4G network are not currently subject to a speed penalty for “excessive use.”
2. “Upgrade” to a tiered data plan with usage allowances.  Verizon will not throttle the speeds of customers who are not on unlimited data plans.
3. Reduce your data usage, especially in areas where congestion is likely.

Choke collars are in season at AT&T and Verizon Wireless, leaving Sprint's unlimited service looking more consumer-friendly by the day.

Those suggestions require potentially pricey new handsets, require customers to abandon their existing unlimited data usage plan, or simply get you thinking twice before launching a data session, fearing being grounded for up to two months with a dramatically reduced level of service.

The biggest impact of the network speed throttles will be among data-heavy iPhone users.  Apple’s iPhone doesn’t support 4G, and is likely to continue to rely on 3G network coverage when the next version of the popular phone is introduced in October.  Ultimately, Verizon’s new policy means iPhone devotees using more than 2GB per month may have to abandon their phone or their unlimited data plan if they want to avoid the throttle.

Verizon also found a way to keep customers from canceling penalty-free, noting contract changes that reserved the right to implement network management techniques were made in February.  The 60-day window for the “materially-adverse” contract change cancellation policy expired in April.  Verizon:

By alerting customers in February 2011, and including the notice in our terms and conditions as of February 3, 2011, we made sure customers knew we began reserving the right to implement Network Optimization practices.  In February 2011, we began alerting customers:

• Data Management – (note: now named “Network Optimization” to more accurately describe the tools) – Verizon Wireless may reduce data throughput speeds in a given bill cycle for customers who use an extraordinary amount of data and fall within the top 5% of data users.  The reduction will only apply to those using congested cell sites and can last for the remainder of the current and immediately following billing cycle.  The reductions will only apply when appropriate in locations and at times of peak demand.
• Data Optimization – (note: now named “Video Optimization” to more accurately describe its function) – Verizon Wireless is implementing optimization and transcoding technologies in its network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users, and although unlikely, the process may minimally impact the appearance of the file as displayed on the mobile device.

Interestingly, AT&T’s own speed throttle penalty was estimated to kick in after 4GB of usage, not the 2GB Verizon is using as its benchmark for “network optimization.”  Verizon also says customers with their Mobile Hotspot feature will find that usage exempted from counting towards the 2GB threshold.

Verizon has opened up a new web page explaining the throttling policy.

[Thanks to Stop the Cap! reader Mileena, among many others, who shared the news with us.]

Cox Cable customers in several states have been receiving e-mails announcing the availability of the company’s “Data Usage Meter,” which is generally a precursor to the implementation of an Internet Overcharging scheme.  For at least two families, ignoring that usage meter temporarily shut down their Internet access when they reportedly exceeded their allowance.

Our view of what Internet Overcharging with usage caps really means.

Dear Cox High Speed Internet Customer,

We’d like to take this opportunity to announce the availability of the Data Usage Meter. This new feature provides an easy way to check monthly household high-speed Internet data usage at any time. Monthly data usage is the amount of data that users send, receive, download or upload each month for movies and videos, photos, web surfing, email, gaming, and other files.

Each of our packages has a specific data usage amount. The amount depends on your Cox High Speed Internet package and corresponds to the speeds provided with the package. Our speediest package provides the highest usage amount. You are currently subscribed to the Premier Package which has a monthly data usage amount of 250 Gigabytes (GB). This is equivalent to streaming about 138 standard definition movies, or 83 high definition movies in a month.

The vast majority of our customers do not exceed their usage amount in a month and Cox does not charge you an additional fee if you exceed it. However, if you find that you are exceeding the usage amount for your package, you should check for the following potential causes:

An unsecured wireless home network. If your wireless router does not have security enabled, others outside your home may be using your Internet service. Cox provides a free tool to test the security of your home network. The Home Network Security Check can be accessed by logging into your account via myaccount.cox.net which will place you into Internet Tools. From there, simply select the Home Network tab

A computer virus. If your computer is infected with a virus, it may be transmitting large amounts of data without your knowledge. Cox strongly advocates Internet safety and security. That’s why we offer all of our High Speed Internet customers free security software that will help protect your computers. Cox Security Suite Powered by McAfee® will shield you from many viruses, spam, phishing and spyware. It even comes with parental controls.

To download your copy in just a few minutes, simply visit myaccount.cox.net and select the Security Suite tab in Internet Tools.

If after checking for these problems you find that you are still exceeding the usage amount, you may want to consider upgrading to another package that more closely matches your use of the service. Cox’s top High Speed Internet package includes 400 GB per month.

To view your current data usage, follow these easy steps:
1. Visit myaccount.cox.net
2. Sign in with your primary Cox username and password
3. Select the “Data Usage Allowance” tab on the left bar

The Data Usage Meter shows daily and monthly usage for your account starting with the beginning of your billing period. The monthly view shows the usage by month determined by the date of the end of your billing period. Over time, you will be able to see your household usage over the previous 12 months. The Data Usage Meter is only available to primary account users and secondary user accounts with billing access.

Cox usage caps fly in the face of some of the company's ancillary broadband products, one of which claims to offer "unlimited backups." It's not "unlimited" with a usage cap in place.

Cox customers have been technically under an Internet Overcharging scheme limiting usage for well over a year, but enforcement of those usage caps has traditionally been light, with only the most egregious users occasionally getting phone calls from the cable operator.  Some Cox markets still do not have a functioning usage measurement tool.

But there is growing suspicion that may be about to change.  Some Cox customers in Georgia, Arkansas, and Kansas report Cox is contacting them about Internet usage, and in one case in Georgia, shut off an account after the family exceeded their allowance by just 3GB.

“I was 3GB over my 200GB [allowance] and my Internet was temporarily suspended till I called Cox,” writes Stormside, a customer in Warner Robins, Georgia. “They had a ticket number on me and transferred me to [another] department. I was given the spiel about their policies saying they can suspend or cancel my Internet service if I continue to go over the cap.”

After promising to more closely monitor usage, the account was restored.

Cox says you can send 84 million e-mails with their Ultimate package.

Another customer in Pensacola, Fla. experienced the same thing.

“They disabled my Internet due to the cap, and I had to call to get it back up,” shares Compaq255 on the Cox Forum on Broadband Reports.

The usage caps Cox may increasingly enforce leaves customers with two options:

1. Reduce usage to remain within usage allowances;
2. Upgrade to a faster speed package, with a correspondingly larger allowance.

Stormside intends to do the former, Compaq255 the latter.

“I was going to upgrade to the higher package anyway,” Compaq255 says.

Many Cox customers have no idea the company limits their Internet usage, because the usage allowance is only disclosed in buried fine print contained within the company’s lengthy legalese–Acceptable Use Policy.  For customers like Janet Handshire, a Cox customer in Alma, Ark., the first usage cap disclosure she noticed was in a company e-mail.

“Cox sends e-mail to us all of the time, mostly promoting their various services, but I noticed this one because of all of the text,” says Handshire. “I was surprised to discover we even had a usage cap with Cox, and I am completely uninterested in visiting their usage page all the time to figure out whether I am okay with them or not.”

Handshire says she already pays nearly $200 a month to Cox for their triple play package and can’t believe the company is now becoming stingy over Internet usage.

“I have five boys and a husband in this house,” she says. “I already keep track of all the bills and now I have to start tracking how much everyone around here is using the Internet?  I don’t think so.  They are treating this like it is a limited precious resource.”

“The one thing we’ve learned following the broadband story in this country is Internet access is already a cash cow for these companies, but they keep asking for more,” she says.

Current usage allowances with Cox range from 30GB a month for their “starter” package to 250GB a month for their Premier Package.  An Ultimate package in some areas offers even faster speeds with a 400GB allowance, but it’s not available everywhere.

Shaw’s wallet-biting usage billing shark finally gets the net, at least for some of the company’s broadband plans.

After a firestorm of protests from customers across western Canada, Shaw Communications this week unveiled new Internet packages and pricing that dramatically increases usage allowances and introduces unlimited use plans.  Stop the Cap! reader Mark shares the good news that consumer pushback can make a difference:

Today we are excited to share our new direction on Internet pricing and packaging with you, our customers. With your help, we’ve created a model that we hope you’ll agree is fair, flexible and offers a variety of options for customers today and into the future.

We’d like to thank the hundreds of customers who took time to come out to the 34 sessions and those who shared their ideas online. Many of those who participated are the technology innovators who told us they wanted an Internet experience that worked not only today, but for the needs of tomorrow. We also heard that our customers wanted transparency, more choice of internet speed and data options, increased flexibility to meet their varied needs, and above all, fairness.

The decisions we have made coming out of those sessions are far reaching. We went into the session thinking it was a discussion about pricing and packaging, and came out with a new vision for the future. Put an end to your struggles, as the perfect packaging solution to enhance your product is available at https://www.andex.net/blister-cards/.

One of the biggest decisions we have made is to undertake a major upgrade of our network by converting our television analog tiers to digital. In making this move we will triple the capacity of our network, freeing up space for more Internet, HD and On Demand programming. This conversion will start in June and will take sixteen months to complete. As a result of this upgrade, it will open up opportunities for Shaw to offer industry leading broadband performance.

While it is unlikely many Shaw customers clamored to see the cable company convert to an all-digital system (which requires a set top box on every connected television), the aggressive move to expand DOCSIS 3 technology will provide Shaw the option of pitching faster Internet speeds to customers — exactly what they intend to offer:

1. Increased Data Consumption with our Existing Model: Customers can choose to stay with their existing packaging and pricing except with much higher data levels. Our existing acceptable use policy will remain the same as it is today.
   

   Package	Speed	Current Data	New Data	Bundle Price	Standalone Price	With Personal TV (SPP)
   Shaw Lite Speed	1 Mbps	15 GB	30 GB	$27	$37	$64.90
   Shaw High Speed	7.5 Mbps	60 GB	125 GB	$39	$49	$74.90
   Shaw Extreme	25 Mbps	100 GB	250 GB	$49	$59	$84.90

2. New Broadband Packages: We have created new packages featuring industry leading performance and greater value. These broadband packages will come bundled with TV and will roll out in two phases. Phase 1 will be available in June, 2011 and Phase 2 will become available as the network upgrade occurs. Our advanced digital network will be activated neighbourhood by neighbourhood over the next 16 months starting in August, 2011.Customers who choose one of the new packages will enter into an automatic upgrade program. Those who go over their data consumption will be placed in the next higher package for the remainder of the month. The following month’s data will be reset and customers will return to their original package unless they choose to stay at the higher level.We have also created unlimited data options for our customers, an Unlimited Lite and Unlimited 100. As the new network becomes available, we will also offer Unlimited 250.
3. Phase 1 Broadband Packages (Available June, 2011)
   

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	3 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	5 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	5 Mbps	750 GB	Add $79.00	$104.90
   Unlimited 100	100 Mbps	5 Mbps	Unlimited	Add $119.00	$144.90

   Phase 2 Broadband Packages (Rolling Launch Starting August, 2011)

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	5 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	10 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	10 Mbps	750 GB	Add $79.00	$104.90
   Broadband 250	250 Mbps	15 Mbps	1 TB	Add $99.00	$124.90
   Unlimited 250	250 Mbps	15 Mbps	Unlimited	Add $119.00	$144.90

While this represents a welcome change for Canadians long weary of stingy usage allowances, the pricing for the company’s unlimited use options is on the high side, and is not an available option for the most popular lower speed tiers, with the exception of the company’s 1Mbps “Lite” plan, where it carries a ludicrous monthly fee of $59, the exact same price customers will pay for a 50Mbps plan with a 400GB monthly limit.

We would have liked to see Shaw introduce unlimited options for all of their usage plans (or better yet simply drop the limits altogether).  As it stands, they are effectively charging an extra $20-40 a month to be free from a usage cap on some of their new highest speed tiers. For most customers, the effective result of Shaw’s changes is a more generous usage package.

Shaw’s pricing for high speed plans is aggressive.  For what Americans would pay Time Warner Cable for 50/5Mbps service, a Shaw customer will eventually get 250/15Mbps with a 1TB limit (add $20 for unlimited).

Michael Geist, a University of Ottawa law professor, suspects the looming hearings by the Canadian Radio-television and Telecommunications Commission (CRTC) over usage-based-billing has a lot to to with this week’s changes by Shaw, which just months earlier was lowering usage allowances.

“Shaw is doing this because the writing was on the wall,” Geist says. “When you’re in a position to offer such better pricing and data caps than what you were offering before, it highlights just how uncompetitive this market has been.”

Eastern Canadians in Ontario and Quebec will be waiting to see what companies like Rogers, Videotron, and Bell do in response to Shaw’s new pricing model.  As it stands, western Canadians will nearly get double the speeds and usage allowances those in the eastern half of the country endure from cable and phone companies.  That could be a political nightmare at the CRTC hearings, and would continue to call out the highly arbitrary nature of Internet Overcharging, whether it is found in Calgary, Toronto, or Montreal.

Although more than 30 million Americans have experienced getting bill shocked with a cell phone bill loaded with overlimit fees and penalties, a wireless industry group says 19 out of 20 of these customers are economically better off getting those high bills, and any plan to notify customers in advance when their usage limits are reached would “harm innovation, limit consumer choice, and impair the potential for competitive differentiation.”

These incredible conclusions come in a filing from the Wireless Communications Association International, an industry group funded by AT&T, Sprint, Clearwire, and Time Warner Cable.

The WCAI just released a new white paper claiming Americans facing Internet Overcharging from usage-capped wireless data plans are actually saving money when carriers impose overlimit fees.  Their reasoning for this new math?  You might overpay for a usage plan that delivers a higher usage allowance than you need.

"And to think they actually believed us when we said Internet Overcharging saved people money!"

The wireless industry is heavily lobbying the Federal Communications Commission to stop the agency from imposing new rules to deal with the bill shock problem.  The FCC favors an advance warning system, which would force providers to notify customers by e-mail or text message when they near their usage allowance.  Letting customers know when they are about to pay enormous penalty usage rates before they are reflected on a future bill could save Americans millions annually.

The WCAI-funded study says consumers don’t need the agency’s help, going as far as to claim the majority of Americans are already well aware they are exceeding their plan limits, and are better off paying short-term penalties.

“The FCC is weighing new regulations that it says will eliminate so-called ‘bill shock,’ but this analysis makes plain that consumers don’t need regulators’ help,” WCAI President Fred Campbell said. “If you give them the right information, they know how to pick the best deal.”

But critics charge providers fighting this provision want to hide the most basic information of all — when consumers are on the verge of running up huge bills.

“The FCC’s effort on bill shock is long overdue in a wireless environment where today’s heavy user is tomorrow’s average user, and where the wireless Web is more and more important to commerce and to society,” Free Press Policy Counsel M. Chris Riley said. “It is vital that consumers are empowered with the information and the tools needed to make decisions about their own wireless usage so they can avoid outrageous charges.”

The WCAI white paper suggests that if providers are forced to issue advance warnings, companies may have to raise rates to compensate.  The paper’s author suggests consumers would find that worse than just paying the bills with overlimit fees:

The Nielsen Study indicates that many consumers incurring overages do so willfully and repeatedly. Their behavior suggests it is unlikely that usage notifications or usage controls would change their behavior because they are either indifferent to the overage charges or have determined that the occasional overage charge is more economical for them than choosing a more expensive plan. Notwithstanding that these overage-incurring consumers may not want or need additional notifications or controls, the adoption of the FCC‘s regulatory proposals would impose on all consumers the financial burden of ―protecting this one small group.

The WCAI dismisses the huge number of complaints that arrive at the FCC each year over this issue as simply “opinions” from consumers, not nearly as credible as their own analysis of actual customer bills.

The paper even argues with the definition of ” bill shock,” suggesting that the nearly 7 percent of wireless customers who blow past their voice allowances only face an average penalty of around $18.  That is “surprising or inconvenient; but it is unlikely to be shocking.”

Bill Shock

The WCAI study admits the dollar amounts for data-usage bill shock can be considerably higher, sometimes $100 or more.  The charges occur more frequently, too — impacting nearly 18 percent of customers.  But the group dismisses it as a rare occurrence anyway and that carriers will issue credits for astronomical surprise bills.  Besides, the paper concludes, when it was written most consumers were enrolled in increasingly-rare “unlimited use” plans.  Since the raw data was collected largely before AT&T abandoned its flat rate data pricing in 2010, statistics regarding bill shock for AT&T’s new limited use plans were not available.  The white paper inaccurately dismisses that major rate change, claiming it “had no impact on the data analyzed.”  That leaves readers believing the rate changes made no difference.

But the group’s logic completely derails when it concludes there are “consumer benefits to overages.”  Namely, providers “simplified” rate plans to reduce choice which was causing “customer confusion.”  The paper concludes “there is substantial evidence that consumers make deliberate choices to incur overages rather than upgrading to a more expensive monthly rate plan, and that they overwhelmingly benefit from such choices.”

The white paper ignores several important factors:

1. The diminishing number of unlimited access plans which give consumers a way to avoid overlimit fees, especially for data;
2. Carriers themselves arbitrarily set the arbitrary rules for the playing field – calling plan allowances, data allowances, limits, overlimit fees and penalties, and roaming rates;
3. The study ignores the record number of consumers complaining about surprising bills and the true economic impact providing simple text message or e-mailed notifications would have, and doesn’t give any reason why a consumer can’t simply shut off services once limits are reached, to prevent excess charges.

The white paper notes that 736,000 Americans annually are getting surprisingly high bills.  Assuming they are an average of $20 higher than anticipated, that represents nearly $15 million dollars in extra revenue for carriers — ample reason to hire dollar-a-holler groups to produce nonsensical reports that conclude a system to notify consumers they are about to be one of those 736,000 customers is actually bad for them and their wallets.

The FCC’s Consumer Task Force recommends these strategies to avoid bill shock:

•    Understand your calling pattern for making voice calls, and ask your carrier for a plan that would be best for your kind of use.
•    If you are an infrequent phone user, consider a pre-paid plan. Because you “pre-pay” for all your minutes, these plans make it impossible to go over your set limit.
•    Understand what your roaming charges are and where you will incur them.
•    Understand your options for data and text plans.
•    If you are going to use your mobile phone outside the U.S. for voice, email, and other services, make certain to find out beforehand what charges may apply. (Visit Wireless World Travel for more information about using a wireless phone in other countries.)
•    Ask how your carrier can help you avoid bill shock – with phone or text alerts, by letting you monitor your account online, or by giving you other information.
•    If you have tried to resolve a billing issue with your carrier and can not reach an acceptable resolution, complain to the FCC. You can call our Consumer Center, toll-free, at 1-888-CALL FCC (1-888-225-5322), or file a complaint here.

To learn more, read the FCC’s White Paper on Bill Shock.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/FCC Bill Shock.flv[/flv]

The Federal Communications Commission discusses the problem of “bill shock.”  (1 minute)

The Associated Press reports, and Stop the Cap! can confirm AT&T is allowing some of their long-standing customers to switch back to unlimited data plans, even if they gave them up after the company introduced cheaper, limited data plan options.

After our regular reader “PreventCAPS” sent word AT&T was relenting on some requests for unlimited data plans, we spent some time late this afternoon with Jim Scott, an AT&T customer from New Rochelle, N.Y. as he navigated his way through AT&T customer service trying to get back to an unlimited data plan.

“When AT&T offered customers new, cheaper data plans, I never knew those replaced the unlimited option and I thought I could save some money downgrading to a cheaper data option,” Scott told us.

But Scott discovered the plan allowances he got didn’t save him money at all, because he exceeded them.

“I am a contractor and I spend all day on my phone moving large image files and even video of work being done on the properties I manage,” Scott says.  “Two gigabytes didn’t cut it.”

Scott tried to switch back to his unlimited plan this summer, but was told he could not, as it was no longer offered.

Enter Verizon Wireless, which is keeping its unlimited service plan at least temporarily as it introduces the Verizon iPhone.  Verizon’s imminent iPhone has become leverage for customers who want to turn the tables on AT&T.

“Thanks to AT&T’s greed, I had already made the decision to dump them for Verizon when my contract ends in February,” Scott says. “AT&T works fine in this part of New York, and the only reason I am leaving is because they don’t have a wireless data plan that met my needs.”

We worked with Scott and suggested he threaten to cancel his AT&T service and walk his future business to Verizon Wireless.  We asked him to make sure to tell AT&T the reason he was planning to cancel his service was because of the end of unlimited data option.

On a three-way call with AT&T customer service, AT&T promptly offered to restore Scott’s access to its discontinued unlimited data plan.

“All I had to say was ‘Verizon’ and ‘iPhone’ and the customer service representative immediately starting clacking away on her keyboard, and I had my unlimited data plan restored in less than five minutes,” Scott said.

The AP reports the key to success is having been a previous subscriber to AT&T’s unlimited data option.  New customers who signed up after June 2010 never had that option, and AT&T has refused to offer unlimited data to these customers.

Because newer customers are under relatively new contracts, actually following through on a threat to drop AT&T is an expensive proposition with early termination fees still well into the hundreds of dollars.  For those closer to a penalty-free exit, AT&T recognizes many of these customers already have one foot out the door.

Jose Argumedo, of Brentwood, N.Y., told the AP he and a friend were switched to an unlimited plan recently after they called AT&T’s customer service. Both have iPhone 4s, and previously had earlier iPhone models.

AT&T spokesman Mark Siegel wouldn’t confirm the option to return to an unlimited plan.

“We handle customers and their situations individually, and we’re not going to discuss specifics,” he said.

Scott says he is comfortable with his iPhone, but getting back an unlimited data plan was more important than the handset.

“If I can use the iPhone as leverage against these guys, why not?” Scott says.  “They’ve had me under their thumb for more than six months now with overlimit fees — now the table is turned.”

Stop the Cap! advises customers who want to follow in Scott’s footsteps get organized before calling:

1. Be sure to note the number of years you have been an AT&T customer;
2. Explain you used to have unlimited data and now want that plan back;
3. Tell them you are prepared to drop AT&T, even at the risk of a cancellation fee, if they don’t restore your access to the unlimited data plan.

If a representative is unable to make the switch, or doesn’t have information about how to switch you back, ask for a supervisor or hang up and call back.