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!

AT&T has announced an across-the-board rate increase for smartphone and tablet data plans, raising prices $5 Sunday for most plans while including incrementally larger usage allowances:

• Lite Usage: 200MB for $15 is now 300MB for $20;
• Average Usage: 2GB for $25 is now 3GB for $30;
• Higher Usage: 4GB for $45 is now 5GB for $50.
• Regular Tablet Plan:  2GB for $25 is now 3GB for $30.
• A new, higher use tablet plan will offer 5GB for $50.
• Overlimit fees are now $20 for 300MB of additional usage on the lite usage plan, $10/GB on all other plans.

AT&T originally charged $29.99 for unlimited-use data plans.  The company claimed in the summer of 2010 its new limited-use plans would save most customers money, but except for very light users, that is no longer true.

AT&T's throttles are engaged.

AT&T says the new usage allowances reflect customer resistance to paying overlimit fees when they exceed AT&T’s existing caps.  But the company has also previously said the vast majority of its customers never exceed the old allowances. According to AT&T, 65 percent of its customers use less than 200MB per month and 98 percent of its smartphone customers use less than 2GB of data per month. That effectively means every customer will now face a $5 rate hike for increased usage allowances most will not currently use.

Existing customers can hang on to their old data plans indefinitely, but those who bounce between carriers will be forced to choose from a more limited, and expensive, menu of options.

Considering that AT&T’s most significant rival Verizon Wireless currently charges $30 for just 2GB per month, AT&T officials are still able to claim their new prices represent a “great value.”

Customers grandfathered under AT&T’s old unlimited-use plans are also discovering they are anything but unlimited.  So-called “heavy users” who exceed 2GB of use per month are first warned by AT&T they are in the “top 5%” of usage-hungry users, after which their wireless connection is throttled to as little as 15kbps for the remainder of the billing cycle.

Usage caps low enough to set your hair on fire.

Bell customers across Ontario and Quebec are noticing the limbo dance is back in vogue as Bell Canada lowers the bar on usage caps for its Fibe fiber to the neighborhood service and boosts the maximum overlimit fee to $80.

Late last week, Bell’s website published the new, lower usage caps for broadband customers:

• Fibe 10 — 75GB 60GB (per month) (Quebec)
• Fibe 12 — 50GB 40GB
• Fibe 16 — 75GB 65GB (Ontario) 90GB 80GB (Quebec)
• Fibe 25 — 125GB 100GB (Ontario) 100GB 90GB (Quebec)

Users who exceed the new usage allowances face an overlimit fee of $1/GB — maximum $80 a month (up $20 effective Jan. 1, 2012).

New customers enjoy aggressively discounted introductory offers, but with usage allowances in decline, customers are being conditioned to use less or pay more.  It is the classic one-two punch of Internet Overcharging:

1. Gradually reduce usage allowances exposing customers to overlimit fees;
2. Increase the maximum penalty rate for exceeding the limit.

“I am watching my bill to see if they attempt to impose the new limits on existing customers,” shares Stop the Cap! reader François who lives in Toronto. “You pay Bell more for less and even as a new customer you might first pay less and also get less.  The ‘pay more’ comes after the first year.”

Want to use more?  You will have to buy Bell’s Usage Insurance in advance:

• $5/month for an extra 40GB
• $10/month for an extra 80GB
• $15/month for an extra 120GB

One of the principal components of Internet Overcharging is the so-called “usage meter,” a measurement tool designed to help customers keep track of their usage so they don’t exceed arbitrary usage allowances and face overlimit penalties or speed throttles.

But with no government agency or independent watchdog monitoring the accuracy of the meter, providers can claim any amount of usage they wish, and stick customers with the bill.

Telecom New Zealand is the latest ISP forced to admit its usage meter was wildly inaccurate, with nearly 100,000 accounts impacted by faulty meter measurements between November 2010 and June 2011.  At least 47,000 faced punitive measures including substantial overlimit fees or throttled speeds for exceeding usage limits, even though they actually didn’t.  Now Telecom has admitted the meter was wrong, it violated the Fair Trading Act in the process, and is refunding $2.7NZ million dollars in overcharges. It was either that or face substantial fines from the Commerce Commission.

Telecom called the error that forced some customers into more expensive plans to avoid additional overlimit fees “an incorrect perception about […] data usage.”

“We’re pleased to have reached a settlement with Telecom and that they have made prompt refunds directly back to the customers who have lost out,” said Stuart Wallace, Commerce Commission Competition Manager. “Telecom brought this issue to our attention as soon as they were made aware by their customers and have co-operated fully with the Commission. Due to Telecom’s immediate admission of a breach of the Fair Trading Act, followed by appropriate compensation to customers, the settlement is the best possible outcome for those customers and avoids potentially lengthy and costly court hearings paid for by taxpayers.”

It’s the second usage measurement failure announced by the company this month.  In a separate move, Telecom agreed to pay $31.6 million to five of its competitors overcharged for wholesale broadband service.

When technically-savvy customers realize they are being billed for non-existent usage and the media takes an interest, providers eventually disclose their mistaken measurement tools.

“Customers are expected to keep these ISP’s honest,” says Stuart Littlejohn, a Stop the Cap! reader in Wellington. “ISP’s never suggest their meters are anything except accurate until they are caught with their fingers on the scale, and always in their favor.”

Littlejohn has already received a refund from Telecom for illegitimate overcharges he incurred earlier this year.

“It was an absolute nightmare,” he shares. “We thought someone hacked our wireless network or someone in the home was lying about their usage, all theories encouraged by Telecom employees who pointed the finger at everyone but themselves.”

Littlejohn says after Telecom granted one credit as a “goodwill gesture,” subsequent overcharges that went unexplained were his problem, not theirs.

“After the first credit, everything else is your fault,” he says.

Littlejohn caught the company red-handed when storm damage disrupted his service for nearly a week, and Telecom’s usage meter recorded 22GB of usage on his down-and-out service anyway.

“They ultimately couldn’t argue with themselves, but they tried at first,” he says. “Then I told them to call the department responsible for repairing my service and they quickly learned the line they said used 22GB was out of service at the time the usage was supposed to occur.”

“Without that, they would have probably insisted I still owed them for that ‘usage.'”

Littlejohn wasn’t alone.  Other overbilled customers appealed their case to the New Zealand Herald last June, and two weeks later, Telecom admitted their usage measurement tool was faulty.  But by then, customers were already paying for the erroneous charges:

The Herald has received detailed internet usage logs from two Telecom customers – one in Dunedin and the other in New Plymouth – which show over-counting broadband downloads, in one period by as much as 139 per cent. Both have raised the matter repeatedly with Telecom, but have yet to get an explanation.

“We showed Telecom five days of data as early as February 14,” says director Mark Peisker of Dunedin’s CueClub. “There was massive variance between our data and that reported by the Telecom usage meter. I said to them: ‘Your counting has very little to do with what comes down my line to me’.”

CueClub’s data taken from its two internet routers shows an average of 62 per cent over-counting during a three month period – the worst month being May when Telecom counted an extra 118.24 gigabytes (GB) of usage amounting to $203.97 in overcharging.

“They’re crooks, plain and simple, and only when they were caught did they admit their mistakes, and the only ‘penalty’ they are paying is refunding their ill-gotten gains,” Littlejohn says. “Where is the substantial fine to send a message stealing from your customers is wrong?  A strong fine would tell Telecom they made a costly mistake not worth repeating.”

Bell’s Fibe customers in Ontario noticed something unusual in the company’s latest newspaper ads luring potential new signups for the company’s fiber-to-the-neighborhood service.

Subscribe to Bell Fibe™ Internet and get way more than the cable company for a lot less.

Get super-fast download speeds of up to 25 Mbps – more than double the 12 Mbps on cable.
Watch way more stuff online with 125 GB of usage – more than double the 60 GB on cable.
Plus, share pics and videos more than 12x faster than cable, with upload speeds of up to 7 Mbps.
All this for less than the regular rate you’re paying with cable’s 12 Mbps service.¹

See full offer details.¹²

Offer ends October 31, 2011. Available to residential customers in select areas of Rogers’ footprint in Ontario where technology permits. Modem rental required; one-time modem rental fee waived for new customers. Usage 125 GB/month; $1.00/additional GB. Subject to change without notice and not combinable with any other offers. Taxes extra. Other conditions apply.

¹Current as of Sept 29, 2011. Based on customer’s subscription to Rogers’ Express Internet package at the regular rate of $46.99/mo., prior to August 4, 2011.

²Available to new customers who subscribe to Fibe 25 Internet and at least one other select service in the Bundle; see bell.ca/bellbundle. Promotional $33.48 monthly price: $76.95 monthly price, less the $5 Bundle discount, less the monthly credit of $38.47 applicable for months 1-12. Total monthly price after 12 months is $71.95 in the Bundle.

75GB for existing customers, 125GB for new ones.

Setting aside the fact Bell’s package costs $71.95 a month after the first year, compared with Rogers’ regular everyday price of $46.99, existing customers were surprised to learn Bell’s usage cap for new customers (located in select areas of Rogers’ competing footprint in Ontario) was 125GB per month.  That stood out, because existing customers currently live with a monthly cap of just 75GB per month.

That means new Bell customers, who happen to also have the choice of being served by Rogers Cable, evidently have a considerably less “congested” network that allows a more generous 125GB usage cap over nearby neighborhoods not served by Rogers, where things must be “much worse” to justify the current usage limit of 75GB per month.

Customers call it another example of providers subjectively setting usage limits not according to technical need, but competitive reality.

“If having separate rates by province wasn’t enough, now we have different rates based on the neighborhood,” shared one Toronto Bell customer. “I will need to call them to adjust this.”

Bell’s website provides conflicting information to existing customers over exactly what their usage cap is.  Despite the advertised 125GB cap promoted online, many existing customers are still finding 75GB to be their monthly limit.  Customers are getting some satisfaction calling Bell and threatening to cancel service over the discrepancy.  Don’t bother with the regular customer service representatives — readers report they can do nothing for you.  Instead, tell Bell you are canceling service, get transferred to the Customer Retentions Department, and then tell them you will stay if you get the new customer promotion that comes with the 125GB usage cap.  If you ask, Bell will often configure your account with the promotion noted above, which comes with the automatically more generous usage cap.

Stop the Cap! has always believed usage caps have nothing to do with the network congestion and “fair use” excuses providers like Bell have repeatedly argued.  They exist because market forces allow them to, and when competitors arrive with more generous allowances (or none at all), incumbent providers suddenly find enough capacity to be more generous with their customers.  At least some of them.