The Canadian Radio-television and Telecommunications Commission late Tuesday ruled against a revised proposal from Bell that could have effectively ended flat rate Internet service across the country, but also allows the phone company to raise wholesale prices for independent Internet Service Providers (ISPs).

The Commission ruled Bell and cable companies like Rogers must sell access to third party providers at a flat rate or priced on speed and the number of users sharing the connection.  The CRTC rejected a Bell-proposed usage-based pricing scheme that would have charged independent ISPs $0.178/GB.

Ultimately, the CRTC came down closest to adopting a proposal from Manitoba-based MTS Allstream, which suggested a variant on speed-based pricing, steering clear of charging based on usage.  Under the CRTC ruling, independent ISPs can purchase unlimited wholesale access based on different speed tiers.  The new pricing formula requires independent providers to carefully gauge their usage when choosing an appropriate amount of bandwidth.  If an independent ISP misjudges how much usage their collective customer base consumes during the month, they could overpay for unused capacity or underestimate usage, leaving customers with congested-related slowdowns.  ISPs will be able to purchase regular capacity upgrades in 100Mbps increments to keep up with demand.  They can also implement network management techniques which may discourage heavy use during peak usage.

The CRTC decision underscores that Internet pricing should be based on speed, not on the volume of data consumed by customers.  That’s a model Stop the Cap! strongly approves because it does not allow providers to monetize broadband usage.

Finkenstein

But that is where the good news ends.  Nothing in the CRTC ruling changes the Internet Overcharging regime already in place at the country’s leading service providers.  Companies like Bell and Rogers are free to continue setting arbitrary limits on usage and charging overlimit fees for those who exceed them.

Konrad von Finckenstein, chair of the CRTC, says the regulator made a mistake in deciding last year to allow Bell to raise its prices for independent service providers.

“Our original decision was clearly not the best one. It was wrong and it was pointed out by a lot of people, including Minister Clement. He was right. We have today fixed it, we have made this new decision,” von Finckenstein said. “The bottom line is that you as a consumer will not face a cap or limitation of use because of anything mandated by the CRTC. Any kind of cap or limit, payment per use, that you will have to pay is because your ISP decides to charge you, not because we mandate it.”

But many independent providers are unhappy with the CRTC ruling because it also allows wholesale providers like Bell to raise prices, sometimes substantially, on the bandwidth they sell.

One independent ISP — TekSavvy, said it faced increased connectivity costs in eastern Canada.

“The CRTC decision is a step back for consumers. The rates approved by the Commission today will make it much harder for independent ISPs to compete”, said TekSavvy CEO Marc Gaudrault. “This is an unfortunate development for telecommunications competition in Canada,” he added.

“Rates are going up,” added Bill Sandiford, president of Telnet Communications and of the Canadian Network Operators Consortium, an independent ISP association.

In addition to whatever rate increases eventually make their way to consumers, some independent providers may end up adopting network management and usage cap policies that attempt to slow down the rate at which they are forced to commit to bandwidth upgrades.  That’s because providers purchase capacity based on what they believe their peak usage rate is likely to be.  Providers will be free to upgrade service in 100Mbps increments.  But with the new, higher prices, providers could overspend on capacity that goes unused or find themselves underestimating usage, creating congestion-related slowdowns for all of their customers.

Angus

Some network management techniques that could reduce peak usage — and the need for upgrades — include speed throttles for heavy users during peak usage times or usage caps that fall away during off-peak hours when network traffic is lower.

Yesterday’s decision will provide some small relief to wholesale buyers of bandwidth in Quebec, where’s Videotron’s sky-high wholesale prices are set to be reduced.  But the unusual divide in Internet pricing between eastern and western Canada will remain.  Western Canadians will continue to enjoy much larger usage allowances, and lower wholesale pricing, than their eastern neighbors in Ontario and Quebec.

The CRTC’s ruling did not go far enough for NDP Digital Issues critic Charlie Angus. Angus notes only 6 percent of Canadians purchase Internet service from independent providers.  The rest will still be stuck with what he calls “unfair billing practices and bandwidth caps.”

Angus is convinced the CRTC just gave the green light to force rate hikes for the minority of consumers who found a way around companies like Bell, Shaw, Videotron, and Rogers.

“Allowing big telecom companies to reach into the pockets of struggling families and ask for even more money is just plain wrong,” Angus said.

Bell’s senior vice-president for regulatory and government affairs, Mirko Bibic, still believes the company’s proposal to charge just under 20c per gigabyte to wholesale users was appropriate, but the CRTC’s permission to allow Bell to increase wholesale rates was a nice consolation prize.  Bibic tried to frame the decision as forcing ‘independent ISPs to pay their fair share.’

Independent ISPs “are going to have to lease more traffic lanes,” he told CTV News. “I think the philosophy is [to] put the independent ISP in a position of responsibility. If usage goes up, you’re going to have to buy more lanes – it’s the same decision that we have to make.”

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.

Fiber optic cable spool

For the most populated provinces in Canada, questions about when fiber-to-the-home service will become a reality are easy to answer:  Never, indefinitely.

Some of Canada’s largest telecommunications providers have their minds made up — fiber isn’t for consumers, it’s for their backbone and business networks.  For citizens of Toronto, Calgary, Montreal, and Vancouver coping with bandwidth shortages, providers have a much better answer: pay more, use less Internet.

Fiber broadband projects in Canada are hard to find, because providers refuse to invest in broadband upgrades to deliver the kinds of speeds and capacity Canadians increasingly demand.  Instead, companies like Bell, Shaw, and Rogers continue to hand out pithy upload speeds, throttled downloads, and often stingy usage caps.  Much of the country still relies on basic DSL service from Bell or Telus, and the most-promoted broadband expansion project in the country — Bell’s Fibe, is phoney baloney because it relies on existing copper telephone wires to deliver the last mile of service to customers.

Much like in the United States, the move to replace outdated copper phone lines and coaxial cable in favor of near-limitless capacity fiber remains stalled in most areas.  The reasons are simple: lack of competition to drive providers to invest in upgrades and the unwillingness to spend $1000 per home to install fiber when a 100GB usage cap and slower speeds will suffice.

The Toronto Globe & Mail reports that while 30-50 percent of homes in South Korea and Japan have fiber broadband, only 18 percent of Americans and less than 2 percent of Canadians have access to the networks that routinely deliver 100Mbps affordable broadband without rationed broadband usage plans.

In fact, the biggest fiber projects underway in Canada are being built in unexpected places that run contrary to the conventional wisdom that suggest fiber installs only make sense in large, population-dense, urban areas.

Manitoba’s MTS plans to spend $125-million over the next five years to launch its fiber to the home service, FiON.  By the end of 2015, MTS expects to deploy fiber to about 120,000 homes in close to 20 Manitoba communities.  In Saskatchewan, SaskTel is investing $199 million in its network in 2011 and approximately $670 million in a seven-year Next Generation Broadband Access Program (2011 – 2017). This program will deploy Fiber to the Premises (FTTP) and upgrade the broadband network in the nine largest urban centers in the province – Saskatoon, Regina, Moose Jaw, Weyburn, Estevan, Swift Current, Yorkton, North Battleford and Prince Albert.

“Saskatchewan continues to be a growing and dynamic place,” Minister responsible for SaskTel Bill Boyd said. “The deployment of FTTP will create the bandwidth capacity to allow SaskTel to deploy exciting new next generation technologies to better serve the people of Saskatchewan.”

But the largest fiber project of all will serve the unlikely provinces of Atlantic Canada, among the most economically challenged in the country.  Bell Aliant is targeting its FibreOP fiber to the home network to over 600,000 homes by the end of next year.  On that network, Bell Aliant plans to sell speeds up to 170/30Mbps to start.

In comparison, residents in larger provinces are making due with 3-10Mbps DSL service from Bell or Telus, or expensive usage-limited, speed-throttled cable broadband service from companies like Rogers, Shaw, and Videotron.

Bell Canada is trying to convince its customers it has the fiber optic network they want.  Its Fibe Internet service sure sounds like fiber, but the product fails truth-in-advertising because it isn’t an all-fiber-network at all. It’s similar to AT&T’s U-verse — relying on fiber to the neighborhood, using existing copper phone wires to finish the job.  Technically, that isn’t much different from today’s cable systems, which also use fiber to reach into individual neighborhoods.  Traditional coaxial cable handles the signal for the rest of the journey into subscriber homes.

A half-fiber network can do better than none at all.  In Ontario, Bell sells Fibe Internet packages at speeds up to 25Mbps, but even those speeds cannot compare to what true fiber networks can deliver.

Globe & Mail readers seemed to understand today’s broadband realities in the barely competitive broadband market. One reader’s take:

“The problem in Canada (and elsewhere) preventing wide scale deployment of FTTH isn’t the technology, nor the cost. It’s a lack of political vision and will, coupled with incumbent service providers doing whatever they can to hold on to a dysfunctional model that serves their interests at the expense of consumers.”

Another:

“The problem with incumbents is they only think in 2-3 year terms. If they can’t make their money back in that period of time, they’re not interested. Thinking 20, heck even 10 years ahead is not in their vocabulary.”

Cox Communications is telling customers if they exceed the company’s usage caps three times over the lifetime of an account, they either must upgrade to a more expensive service plan, make sure they never exceed plan limits again, or face an indefinite loss of their Internet service if they exceed Cox’s limits a fourth time.

Stop the Cap! reader Adam found out about Cox’s Three Strikes Program for himself in an online chat with Claudia, a Cox customer service representative:

Adam: I am concerned with the messages I got about a usage cap. I was told by the salesman that there was no bandwidth cap on our Internet, however this message is very troubling. Please explain this cap to me.
[…]
Claudia: I am really sorry for the lack of information provided to you by our Sales representative.
Adam: Is there a hard cap coming? Is that why we’re getting these messages?
Claudia: That is correct.
Claudia: At the fourth message your services will be blocked, on the previous one they will suggest you to upgrade your plan.
Adam: Fourth monthly, or fourth cumulative?
Claudia: Your Data Usage is reset each month, so it will be your fourth monthly message if exceeding the allowance.
Adam: So four months of going over. Does that counter ever reset?
Adam: Like if I’m bad three months, then good for three. Is it reset?
Claudia: Unfortunately, it is not reset.

Cox, like Comcast, does not charge overlimit fees, but the company does encourage customers who want to use the Internet more than their arbitrary allowances permit to upgrade to a more costly service plan.

Cox’s limits are detailed in an earlier piece Stop the Cap! brought readers a few weeks ago.

Internet Service Providers claim usage caps are important to protect the customer experience from “excessive users” slowing down service in your neighborhood, but as companies like Cox upgrade to DOCSIS 3, the broadband pipeline that results has increased so exponentially, it eliminates the excuse that came with the limits.

Now, ISPs increasingly see another reason to retain usage allowances: fatter profits from tiered usage plans that inevitably drive video-hungry Internet customers into costly upgrades.

Too bad Comcast doesn't allow their Internet customers to use the service until 'xfinity.'

A Comcast customer of seven years has been warned if he exceeds the company’s arbitrary 250GB usage cap one more time, his family will be cut off from the cable company’s Internet service for one year.

Jrodefeld is just one more example of a customer who never thought he would have to monitor an online usage gauge to enjoy the Internet service he pays good money to receive.  But Comcast has deemed him an Internet abuser for exceeding a usage limit the company takes pains to bury in its lengthy terms and conditions, far away from glitzy marketing promising a fast, always-on experience.

In my house there are five people with five computers, several smartphones, a Playstation 3 and AppleTV all connected to the Internet through a wireless router.  Several of us are tech minded people who need to be able to send and receive large amounts of data through our network and publish material on the Internet.

Not only that, but I have (legally) downloaded films through places like iTunes and downloaded games and software in the same manner.  I create digital content (web pages, animation, other content) and publish it on the Internet. Not only that, but I send this content to friends and colleagues through web hosting sites like Netload.  I download games and watch streaming Netflix through my Playstation 3.

I think it is absolutely beyond belief that Comcast can offer the speeds that they do, with the evolving demands of the Internet and modern digital demands that people have, and think that 250GB is sufficient for even the moderately tech savvy user.  This data cap is absolutely horrible and is an insult to my family and an abomination given how much money we have given to Comcast over the last several years for their service, amounting in the thousands of dollars.  Not to mention that we signed up with the idea of getting an “always on”, unlimited service.

Jrodefeld claims his family steers clear of the usual suspect of heavy usage consumption — peer-to-peer software.  But with five tech-savvy teenagers and high-tech workers living under one roof, Comcast’s usage meter reflected the family was several times over the company’s usage limits:

• In May, 2011 the total data used was:  1363GB
• In June, 2011 the total data used was:  758GB
• In July, 2011 the total data used was:  1271GB

Based on a review of the applications being run by those achieving that level of usage, online file backup is usually the culprit generating the most usage.  That is closely followed by avid online streaming and gaming.  While game-play itself is probably not much of a factor, the relentless number of game updates and new games distributed over an Internet connection can easily exceed several gigabytes each.  The family also streams some very high bitrate HD movies over a video rental service that uses their Comcast Internet connection to provide the video.  That can run nearly 10GB an hour in some cases, Jrodefeld says.

For usage cap opponents, this represents the perfect example of what can happen in families that rely on video streaming and have teenagers living at home.  While one individual may have little trouble staying within Comcast’s arbitrary 250GB limit, unchanged since its introduction in 2008, the more Internet-savvy members in a household sharing a connection, the bigger the risk for Internet Overcharging or a warning e-mail.

Comcast says their average user keeps usage well under 10GB per month.  But they don’t provide any demographic breakdown of usage profiles.  Older households may pay for an Internet account exclusively for web browsing and e-mail.  Younger households, those with teenagers, and cord-cutters who rely on Internet video streaming will almost certainly use considerably more.

Jrodefeld can’t believe Comcast has stuck his family with a “one size fits all” Internet experience.  And their reasons for the 250GB usage cap don’t make any sense.

“On the one hand, it is said that a user going over that threshold hurts the Internet experience for other users in your area, and on the other hand Comcast claims that the ‘average’ user uses only 2-4gb per month,” he notes. “If that is the case, then multiple users who average 250GB a month would slow down the Internet far more than one individual who uses, say, 500GB in a month.”

“If such a small number of users exceed the cap, Comcast’s network should easily be able to allow that without it affecting other users,” he argues. “If, on the other hand, many users are exceeding the cap, it means that the limit is far too small and Comcast should upgrade their infrastructure if they cannot keep up with user demands.”

The cap-free alternative for Comcast's "heavy users."

In fact, Comcast has upgraded the Internet experience for most of their customers considerably since they introduced a usage cap.  The company has aggressively deployed DOCSIS 3 upgrades, exponentially increasing the amount of bandwidth available in individual neighborhoods, allowing them to sell highly-profitable, faster tiers of service and eliminating congestion issues.  But no matter what speed you buy, or how much you spend, Comcast imposes the same 250GB usage limit on all residential accounts.

Comcast company officials had nothing to offer Jrodefeld, but several other Comcast customers did: upgrade to a Business Class account, if only to be rid of the usage limits.  Comcast Business Class service currently has no usage limitations, and carries this pricing in the northeast, before taxes and fees:

• Starter Plan — 12/2Mbps:  $59.95/mo Best Value
• Preferred Plan — 16/2Mbps:  $89.95/mo
• Premium Plan — 22/5Mbps:  $99.95/mo Best Speed/Performance Value
• Deluxe Plan — 50/10Mbps:  $189.95/mo
• Installation Fee: 1 year contract = $199, 2 years = $99, 3 years = $49

The alternative is to sign with a telephone company provider, but AT&T also has a 250GB usage limit on their U-verse service, and charges an overlimit fee of $10 for every 50GB of excess usage.  Verizon FiOS offers unlimited service.