AT&T customers are telling Stop the Cap! the company is emailing their broadband customers to alert them they now qualify for unlimited internet access because they also happen to subscribe to DirecTV Now, AT&T’s streaming service targeting cord cutters.

“Good news about your internet service! Because you also added DIRECTV NOW℠ to your internet service, we’re giving you unlimited home internet data at no additional cost.”

AT&T normally charges customers an extra $30 a month to remove their 1,000 GB data cap.

The move has some net neutrality implications, because AT&T is favoring its own streaming service over the competition, which includes Sling TV, Hulu TV, PlayStation Vue, and other similar services. If a customer subscribes to Hulu TV, the 1 TB cap remains in force. If they switch to DirecTV Now, the cap is gone completely.

AT&T has undoubtedly heard from customers concerned about streaming video chewing up their data allowance. With AT&T’s DirecTV on the verge of launching a streaming equivalent of its satellite TV service, data caps are probably bad for business and could deter customers from switching.

It is yet the latest evidence that data caps are more about marketing and revenue than technical necessity.

Updated 1:15pm EST 12/20: Hat tip to Karl Bode, who got AT&T’s official confirmation the unlimited internet offer that formerly applied to DirecTV satellite customers has now quietly been extended to DirecTV Now streaming customers as well. We are still looking for a screen cap of anyone who received an e-mail from AT&T about unlimited service for streaming customers. If you have one, drop me a line at phil (at) stopthecap.com

AT&T this morning switched on its 5G wireless mobile network in 12 cities around the country, making it the first U.S. provider to launch portable 5G service for wireless devices.

Like Verizon, AT&T is in no hurry to sign up new customers for 5G service. Instead, it will only be available “in dense urban areas” for a handful of businesses and consumers invited to sample the service for free over the next 90 days.

“This is the first taste of the mobile 5G era,” said Andre Fuetsch, president, AT&T Labs and chief technology officer. “Being first, you can expect us to evolve very quickly. It’s early on the 5G journey and we’re ready to learn fast and continually iterate in the months ahead.”

Because cell phones equipped with 5G are not yet widely available, AT&T will sell its 5G service with a NETGEAR® Nighthawk 5G Mobile Hotspot device that will go on sale in the spring for $499. AT&T also intends to extract more money from wireless customers for its premium 5G experience. When service debuts, a 5G compatible data plan will start at $70 a month, including a 15GB data cap.

AT&T is not saying how fast its 5G network will actually be, only predicting it will be slower than the theoretical maximum speed of 1.2 Gbps, assuming nobody was using it. At an investor conference in early December, witnesses reported speed tests were averaging closer to 140 Mbps, which falls far short of the 5G Gigabit Hype the tech media has been breathlessly reporting.

AT&T’s launch switched on 5G service from selected city cell towers serving Atlanta, Charlotte, N.C., Dallas, Houston, Indianapolis, Jacksonville, Fla., Louisville, Ky., Oklahoma City, New Orleans, Raleigh, N.C., San Antonio, and Waco, Tex.. Over the next six months, AT&T plans to switch on 5G-equipped towers in Las Vegas, Los Angeles, Nashville, Orlando, San Diego, San Francisco, and San Jose.

AT&T’s 5G service will use traditional cellular frequency bands, and will effectively look like an incremental upgrade from 4G LTE. In real world performance terms, expect noticeably faster wireless speeds, but nothing close to what Verizon is offering with its fixed wireless 5G network, which relies on millimeter wave frequencies to deliver much faster service. AT&T’s 5G is portable, Verizon’s is not (for now). AT&T executives have been repeatedly skeptical about offering fixed wireless 5G.

AT&T hypes its forthcoming 5G network into the stratosphere. (1:44)

The telecom industry wants a new tax on broadband services to pay for rural broadband expansion.

Nearly two years after FCC Chairman Ajit Pai announced the formation of a new federal advisory committee on broadband development, the telecom industry-stacked panel has recommended implementing a new tax on websites and online subscription services like Netflix, Hulu, and Amazon Prime Video and turning over the proceeds to many of the same companies dominating the Committee.

The proposal is part of a large set of recommendations from the Broadband Deployment Advisory Committee (BDAC) designed to promote and streamline broadband expansion, especially in rural areas. If adopted by the states, the new tax would create a large broadband deployment fund that could be accessed by telecommunications companies like AT&T and Comcast to expand service without having to pay back the funds or give up part ownership of the taxpayer-funded expansion.

What caught many by surprise was the sweeping impact the new tax could have on the internet economy, because online businesses, streaming services, and even many website owners could be subject to the tax, if enacted:

Entities that financially benefit from access to a broadband system located in the state, including advertising providers, shall contribute to the Broadband Deployment Fund.

A comprehensive piece by Jon Brodkin on Ars Technica points out defining the meaning of “entities” and “advertising providers” will be crucial to determine who will have to pay the tax and who won’t:

Article 11 of the BDAC’s model state code would create a Rural Broadband Deployment Assistance Fund, paid for by contributions from broadband providers and “Broadband Dependent Services.”

The definition of “Broadband Dependent Services” is where things get interesting. An earlier version of that definition—available in this document—reads as follows:

“Broadband Dependent Service” means a subscription-based retail service for which consumers pay a one time or recurring fee which requires the capabilities of the Broadband Service which the consumer has purchased and shall also include entities that financially benefit from access to a broadband system located in the state, including advertising providers.

The BDAC met on December 7 and pared that definition back a bit to exclude “entities that financially benefit from access to a broadband system.” Video is available here; the discussion on the definition starts around 2:04:45.

BDAC Chair Elizabeth Bowles, who also runs an Arkansas-based wireless Internet service provider called Aristotle, expressed concern that the original version of the definition “was including every small business in America,” potentially forcing them all to pay the new tax.

Nurse

AT&T has been one of the strongest advocates for the new tax, and argued it should be as expansive as possible.

“It basically is everybody [that should be taxed] because this is a societal objective,” said Chris Nurse, assistant vice president for state legislative and regulatory affairs at AT&T. “Universal service is a societal objective. We want to spread that $20 or $30 billion burden more broadly so the tax is low on everybody.”

Google Fiber policy chief John Burchett objected, claiming under AT&T’s vision, everyone who has an internet connection would be taxed. In his view, AT&T’s proposal was “absurd.”

As the debate raged on, it became clear AT&T was once again looking for a way to be compensated by companies like Amazon and Facebook — using its ‘pipes’ without contributing towards the cost of the network.

“Who are we cutting out and who are we leaving in?” Nurse asked. “Today it’s basically the telephone companies [who pay] and not Google and not Amazon and not Facebook, right? And they’re gigantic beneficiaries from the broadband ecosystem. Should they contribute or not? Someone has to pay.”

Burchett

In the end, the BDAC settled on adopting a compromise over what broadband entities will be subject to the new tax:

“Broadband Dependent Service” means a subscription-based retail service for which consumers pay a one time or recurring fee, and shall also include advertising-supported services which requires the capabilities of the Broadband Service which the consumer has purchased.

This compromise definition primarily targets the new tax on streaming video services — the ones AT&T itself competes with. But it will also cover any websites sponsored with online advertising — like Facebook and Google, ISPs, subscription services delivered over the internet, as well as AT&T’s broadband competitors.

The proposal also seeks to guarantee that rural residents be granted access to affordable broadband, but the industry-dominated Committee chose to define “affordable” as the cost of internet access in urban areas, which some would argue isn’t affordable at all.

The draft proposal has been criticized by many stakeholders, including the National Rural Electric Cooperative Association, representing electric cooperatives. The group implied the new proposal was just the latest attempt to get the telecom industry’s wish list enacted.

“Instead of focusing on solutions for unserved and underserved rural communities, many of the recommendations focus on issues specific to urban areas where broadband is already available,” said NRECA CEO Jim Matheson. “Ignoring the precedent of federal law and laws in 20 states, the state model code would treat co-op poles like those belonging to large investor-owned utilities. The state model code would also cap pole attachment rates in state statute, effectively making those rates permanent. This code, in effect, increases regulatory burdens while giving co-ops less time and less money to comply with those regulations.”

The National Multifamily Housing Council also objected to another proposal approved in the draft.

“Article 8 of the MSC grants broadband providers the unilateral right to install facilities in all multifamily residential and other commercial buildings and mandate construction of broadband facilities at the property owner’s expense without regard to the rights and concerns of the owner,” the organization claimed. “NMHC/NAA and its real estate industry partners argued that Article 8 of the MSC is riddled with many practical and legal problems. Among the most serious issues with the MSC is that it interferes with private property rights, disrupts negotiations and existing contracts between property owners and communications service providers and will lead to costly regulation and litigation at the state level without any assurance of actually spurring broadband deployment.”

AT&T would be among the biggest beneficiaries of the tax fund, already receiving $428 million annually from another rural broadband fund to expand wireless internet access in rural areas. If Nurse’s predictions are correct, the tax could collect $20-30 billion, far more than has ever been spent on rural broadband before.

Liccardo

Critics also contend the BDAC’s industry-friendly proposals are predictable for a Committee created by FCC Chairman Ajit Pai and well-stacked with telecom industry executives and lobbyists. The former head of the BDAC was arrested by the FBI on fraud charges, and San Jose Mayor Sam Liccardo quit the Committee in January, writing, “the industry-heavy makeup of BDAC will simply relegate the body to being a vehicle for advancing the interests of the telecommunications industry over those of the public” in his letter of resignation.

Whatever the BDAC ultimately decides, the final proposal has a long road to travel before becoming law. Each state can choose to adopt the proposal, part of it, or none of it. In the end, it is just a “model code” for states to consider. But it will be part of the argument made by the telecom industry that laws must be streamlined to prevent delays in deploying service, and that those benefiting from broadband should cover more of the costs to provide it.

Ironically, the person most likely to be embarrassed by the model code could be FCC Chairman Ajit Pai, who has almost universally rejected new taxes and fees on broadband services. But his approval is not required to advance the argument and the model code to the states, where the telecom industry’s lobbyists are waiting to begin advocating the passage of new state laws enacting its recommendations.

AT&T continues to gently discourage the media and investors from comparing its 5G strategy with that of its biggest competitor, Verizon, suggesting the two companies have different visions about where and how 5G and small cells will be deployed.

“We’ve done fixed wireless in our network on LTE as part of our Connect America Fund commitment from the government. We’ve been doing that for two years. And so we know the technology. We know it works, and it works for the purposes intended, which is real broadband,” said Scott Mair, president of operations at AT&T. “The challenge is the use case and the economics, right? So where does fixed wireless work? We’re focused on mobility.”

Mair echoes earlier sentiments from AT&T’s chief financial officer who has repeatedly told investors that AT&T sees fiber to the home service as a superior offering, and one economically within reach for the company in its urban and suburban service areas.

Speaking on Barclays Global Technology, Media and Telecommunications Broker Conference Call, Mair did not rule out 5G residential fixed wireless service in certain expensive-to-reach areas, but it is clear AT&T’s priority will be to bolster its mobile network, not invade the home internet access marketplace. Mair noted AT&T will deploy small cells to power its 5G services, but primarily to resolve congestion issues in high wireless traffic areas.

“If we’re there, we build small cells primarily for capacity,” noted Mair, adding the company believes “the mobility use case is probably the right place to be spending our time and effort.”

AT&T plans to target its first fixed or short-range 5G services on its business customers.

“We see initially enterprise businesses as being the area where the entry will be first,” Mair said. We’ve thought about partnering with a manufacturing firm, and I really believe that manufacturing is going to be a key capability. When you look at a factory floor, it’s real-time telemetry, real-time analytics. You have factories that now need to be more nimble than ever in terms of being able to reconfigure for product changes very quickly. Many types of workshops can also benefit from the value provided by a CNC plasma table software.

AT&T is also continuing to aggressively expand its fiber footprint, including the prospect of constructing fiber networks outside of AT&T’s traditional landline service area. But the company stressed it is building fiber networks in new ways that will maximize the company’s Return On Investment.

Mair

“So with our fiber build-out, fiber underlies everything we do, whether it’s wireline or wireless. And so fiber matters,” Mair said. “By middle of next year, we’ll be at 14 million homes passed and because we also have a deep fiber footprint, we’ll have another eight million businesses that we pass. That gives us 22 million locations that we can sell fiber-based services.”

AT&T’s fiber network planning has become very sophisticated these days. The more customers sharing a fiber connection, the faster construction expenses will be paid off.

When a business client contacts AT&T to arrange for fiber service, the company used to run a dedicated fiber cable directly to the business. These days, AT&T attempts to maximize the potential use of that fiber cable by routing it through areas that have a high potential of generating additional business for the company or traffic on its network. For example, a fiber connection furnished for a business might also be used to serve multiple dwelling units, like apartment buildings or condos, or rerouted to also reach other businesses that can be sold fiber services.

“I’m passing two [AT&T] cell sites that I’m paying someone else transport and backhaul for, where I can now put it on my own network,” Mair offered as an example. “I know where I’m going to be building small cells in the future. We can plan out that. We know where we’re going to be. I can route that fiber. So now I’ve optimized the route.”

Rutledge

Charter Communications is using the benefits of the Republican-promoted tax cut to buy back its own stock, because the only other option under consideration was using the money to buy up other cable operators.

“From a [mergers and acquisitions] perspective, I think cable is a great business. If there were assets for sale that we could do more of, we would do that,” said Charter Communications CEO Thomas Rutledge at this week’s UBS Global Media & Communications Conference. “We’ve been buying a lot of our own stock back. Why? Because we think the cable business is a great business and we haven’t been able to buy other cable assets.”

Charter is not using the company’s lower tax rate to benefit Spectrum customers with lower bills or more extravagant upgrades. Instead, it is accelerating efforts to please shareholders and executives with efforts to boost its share price — something key to top executives’ performance bonuses.

With digital and broadband upgrades nearly complete in areas formerly served by Time Warner Cable and Bright House Networks — the cable companies Charter acquired in 2016 — Rutledge told investors he can initiate additional upgrades without spending huge sums on infrastructure buildouts.

Gigabit speed is now available in most markets, and the company has doubled its lowest internet download speeds in areas where it faces significant competition from AT&T from 100 to 200 Mbps, boosting sales of Spectrum broadband service, according to Rutledge.

Today, about 60% of Spectrum customers are offered 100 Mbps, while the other 40% — mostly in AT&T service areas — are getting 200 Mbps.

Rutledge told investors he does not see much threat from Verizon FiOS or its newly launched 5G offerings, and has no immediate plans to upgrade service in Verizon service areas because neither offering seems that compelling.

“I saw that Verizon had some passings that they could do 800 Mbps in,” Rutledge said. “We have 51 million passings that we can do 1 gigabit in and we can go to 10 gigabits relatively inexpensively and I think we will because I think the world will go to 10 gigabits.”

Analysts are uncertain whether Rutledge’s comments are naïve or brave.

“We see 5G fixed wireless broadband [like that offered by Verizon] as the largest existential threat to broadband providers, by far,” wrote analysts at Cowen. Until now, most broadband competition for cable operators came from phone companies pitching DSL. Verizon retrenched on its FiOS offering several years ago. But AT&T has been more aggressive upgrading urban areas to fiber service, which has forced Charter to respond with higher speeds and better promotions.

Rutledge does not see Verizon’s 5G being a significant competitive threat for several years, and suspects Wall Street may once again punish Verizon for spending money on a wireless network less capable than what the cable industry offers today. Shareholders may also dislike watching Verizon distracted by the home broadband market when portable wireless revenues are much more important to the company.

Verizon officials claim about half of those signing up for its 5G service plan were not current Verizon customers. But the company would not say whether their new fixed wireless customers were coming largely from cable or DSL disconnects, which would prove marketplace disruption.