More than two dozen NorthwesTel customers in Canada’s north are contemplating a class-action lawsuit against their Internet provider after being charged hundreds, if not thousands of dollars in overlimit charges for phantom traffic nobody can seem to identify.

Kyle Jennex of Whitehorse has always checked his usage, particularly because NorthwesTel charges very high prices for access and has a low usage cap. Running over a plan limit can prove costly at $5 per gigabyte. In November, Jennex discovered NorthwesTel’s usage meter was registering between 5-7GB of mysterious upload traffic every night even after the computer was physically disconnected from his Internet connection.

Despite complaining to NorthwesTel, the company billed him for nearly $1000 in overlimit fees, claiming he exceeded his allowance by nearly 200GB.

“I depend on the Internet for our lifestyle,” Jennex told Yukon News. “We like our music and our movies and our TV, so I download a lot of stuff. I also believe that if I’m paying for 150 gigabytes, I’m going to use that up. So because of that I monitor our usage carefully so I can spread it out throughout the month and to make sure we don’t go over.”

NorthwesTel has never suspected their meter of being responsible for the phantom usage measurements. To Curtis Shaw, NorthwesTel’s vice president of marketing, excess usage is entirely the customer’s responsibility. The company told Jennex his high usage was likely caused by torrent/peer-to-peer network traffic or a neighbor who had hacked into his password-protected Wi-Fi network. But neither explanation can account for usage that continued to rack up with nothing connected to his Internet modem.

Shaw recommends NorthwesTel customers shut down their computers when not in use, particularly overnight, to avoid excess charges. He also advises customers to change their passwords, regularly check usage, and install and update anti-virus software on their computers.

Bill Shock

Shaw also says users can sign up for e-mail that notifies customers when they approach their limit, “really to protect people from receiving a surprise bill.” He adds the company does monitor customer usage and has called customers in the past when their accounts show an unusual amount of activity.

But NorthwesTel didn’t bother to call a customer in Whitehorse who reports he was billed an extra $990 for the extra 198GB of usage he claims he never used. Nor did the company call the woman in the Northwest Territories bill shocked with $3,000 in overlimit fees in a single month.

The company says there have been repeated cases of neighbors “sharing” Wi-Fi connections which can quickly run up usage. But Jennex, who says he well understands the danger of unprotected Wi-Fi, believes he has taken the necessary precautions and has been overbilled anyway.

“The way they’re talking, it’s like every second neighbor is hacking into your wireless,” Jennex said. “I have passwords that are completely random that would take some pretty sophisticated equipment to hack into. We even tried disconnecting all our devices from the router and it still kept happening. The only way I could get them to stop was to physically unplug my modem.”

The company cannot or will not trace Jennex’s mysterious web traffic to identify the source, confident their meter is accurate. Besides, the company says, customers often underestimate the amount of traffic they consume using file sharing programs or watching video online. The company claims it worked hard on its usage meter and it received industry approval for its high degree of accuracy. But providers need not submit their meters for independent verification or subject them to periodic audits to verify meter accuracy.

NorthwesTel does not have a good record on meter accuracy. In 2010 the company was forced to admit it had overbilled hundreds of customers over a “meter glitch” when usage monitors were not reset. As a result, customers found enormous overlimit fees attached to their bills. In one example, a customer was charged a $2,500 overlimit fee on top of his usual bill of $88.

A glitch may indeed be part of the problem as one Yukon customer successfully confronted NorthwesTel for erroneous overlimit fees for consumption of data that was impossible to accrue at the speed of his Internet connection.

Angry customers complain that with so little competition, NorthwesTel has every incentive to play fast and loose with its meter, either because customers will cut their usage, upgrade to a higher cost tier with a bigger allowance, or pay the overlimit fees.

Customers who believe they were unjustly billed overlimit fees should take their case first to the Office of the President. Failing that, they should appeal to the Commissioner for Complaints for Telecommunications Services, an independent agency that has a good track record of winning relief.

Some customers fear the expensive overlimit fees so much, they are following NorthwesTel’s advice and keeping their computers switched off when not being used, but that isn’t a good enough answer for Jennex, who plans to continue the fight.

“There’s no need to rip us off because we live so far North,” he told CBC North.

Since 2005, five cable and telephone companies and their respective lobbying trade associations have donated nearly $12 million to New York politicians, making Big Telecom companies among the biggest political donors in the state. Now a government reform group wants an investigation by the state’s anti-corruption commission.

By exploiting giant loopholes in New York’s campaign finance laws, telecom companies that used to live with annual campaign finance limits of $5,000 are now donating millions to powerful political leaders in Albany – the majority conferences in the legislature, the state party committees, and the governor. Some are using secretive “housekeeping” accounts controlled by political parties. Others hide behind shadowy contributions from “limited liability corporations” (LLCs) established by some of the state’s biggest cable and phone companies and treated under current law as living, breathing people.

“Big Telecom exemplifies the pay-to-play culture which has come to define Albany, giving generously to the leadership in exchange for veto power over bills which favor the public interest,” said Common Cause-New York executive director Susan Lerner.

The Optimum donor to state “housekeeping” accounts among telecom providers is Cablevision.

No telecom company donates more in New York than Cablevision, which has given more than $5.3 million in contributions to state politicians since 2005 as it fights its way through union problems, fierce competition from Verizon, and complaints from subscribers about rising cable prices and questionable service. The cable company doesn’t just donate in name-only. Common Cause-NY discovered Cablevision using eight different LLCs to evade contribution limits, handing over $1.5 million to candidates and committees. Gov. Andrew Cuomo received $130,000 from four different Cablevision-controlled LLCs between July and October 2010. On April 29 of this year, former Nassau County executive Tom Suozzi’s campaign received $190,000 from three Cablevision-controlled LLCs on that single day.

Verizon (82%) and Time Warner Cable (70%) prefer to quietly give the largest percentage of their political donations to the parties’ secretive, soft money “housekeeping” accounts. The Republican and Democratic recipients are not using the money to buy Endust, mops or spare light bulbs, although the average voter might assume as much.

Corporations with an agenda just love New York’s hush-hush “housekeeping” accounts because they come without dollar limits or complete disclosure about how the money was ultimately spent.

The State Board of Elections says “housekeeping” money is supposed to go toward maintaining a party’s headquarters and staff or “ordinary activities that are not for the express purpose of promoting the candidacy of specific candidates.” Unfortunately, nobody bothered to require detailed accounting, allowing funds to disappear down a political rabbit hole, to be distributed at each party’s discretion.

Comcast (59%) and AT&T (53%) are considerably smaller players, in part because neither company serves many wired cable/broadband customers in New York.

Verizon’s corporate PAC also likes to raise relatively large numbers of small contributions given in the name of company executives or employees, not necessarily mentioning the company itself. Campaign finance disclosures may list only the individuals’ contribution(s), not the company that signed their paycheck.

Where does all the money go?

Common Cause-NY says most of the money is channeled to the most influential politicians in the state, with minority parties and unelected candidates typically getting much less.

To gain influence on the state level, Big Telecom companies contribute to the governor, attorney general, and the majority parties controlling the state Assembly and Senate, with Republicans getting the lion’s share (over $3.5 million) in the Senate and Democrats (over $1.6 million) in the Assembly.

For local issues of interest to the state’s local cable and phone companies, contributions are funneled to influential county-level political machines, perhaps helpful in making life difficult for a competing Wi-Fi project, a municipal fiber network, or helping to cut red tape to place a cell tower in a controversial location.

The top six recipients of Big Telecom’s political cash in the legislature:

• Key Party Leaders: Dean Skelos ($117,700), Tom Libous ($57,150), Jeff Klein ($49,450), and Sheldon Silver ($32,749.61)
• Current and former Chairs of the Senate Energy and Telecom Committee: George Maziarz ($79,718.02) and Kevin Parker ($34,444.00).

Common Cause-NY notes the corporations involved don’t give money without expecting something in return. After generous contribution checks were deposited, a number of telecom consumer protection bills mysteriously died in committee or never made it to the floor. The same fate did not meet bills offering special tax breaks for cable and Internet Service Providers that have cost New York taxpayers nearly $500 million and counting.

“Multi-million dollar campaign contributions clearly help Big Telecom maintain the status quo of corporate control, high prices, and lax regulation,” Common Cause-NY concludes.

The legislature is rife with examples of bills that would have likely passed with popular support but suddenly or “mysteriously” didn’t:

• A 7635-A / S5630-A: Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.
  • The “VoiceLink” moratorium bill, passed the Assembly, had broad bi-partisan support in the Senate but never came to a vote.
• S542: Relates to enacting the “Save New York Call Center Jobs Act of 2013,” which requires prior notice of relocation of call center jobs from New York to a foreign country; directs the Commissioner of Labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
  • The “Call Center Jobs Act” would take away tax breaks and state grants if companies move a call center to another country. The bill passed the Assembly in 2012 (A9809) and had bipartisan support in Senate but was blocked. The 2013 bill died in Senate committee.
• A6003/S5577 — Directs the Department of Public Service to study and report on the current status of cable television systems providing services over fiber optic cables.
  • Bipartisan support in Assembly for further oversight of broadband but gets little support in Senate, the same bill was also blocked in 2012.
• A5234/S1075 — Enacts the “Roadway Excavation Quality Assurance Act” demanding utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.
  • Bipartisan support in the Senate and Assembly but no passage in either 2012 and 2013.
• A6239/S4550 — Creates the State Office of the Utility Consumer Advocate to represent interests of residential utility customers.
  • Bipartisan support in Assembly, dies in Senate.
• A6757/S4449 — Requires providers of electric, gas, steam, telephone and cable television services to issue standardized bills to residential customers; provides the standards for such bills shall be established by the Public Service Commission.
  • Bipartisan support, passes Assembly, dies in Senate.

The meter is lurking

AT&T may soon approach your electricity provider to encourage the introduction of prepaid electrical service, powered by AT&T’s wireless network.

AT&T is looking beyond traditional cell phone service to keep profits flowing into its lucrative wireless business. A growing segment of revenue is anticipated to come from so-called “machine to machine” communications. One application, Meter Data Management (MDM), provides connectivity to wireless-enabled smart utility meters, and is expected to grow 300 percent to $221 million by 2014.

Although now uncommon in the United States, prepaying for electric service is found in many parts of the world where cash-strapped consumers tend to renege on the bill. With late and non-paying customers remaining a consequence of the current American economy, AT&T is encouraging utilities to adopt pay-for-use technology that will cut the 10 percent of late-payers off the grid and save utilities money spent to collect past-due bills.

AT&T argues the next generation of “smart meters” can do a lot more than report meter readings over a wireless network. The technology can be leveraged to offer risk-free utility service, targeting credit compromised customers and those seeking to avoid billing surprises from excessive energy use.

Customers switched to prepaid electric service fill their meter with an allotment of energy usage from prepaid top-up cards sold by area convenience stores, supermarkets and even street vendors. Customers can also use credit cards or authorize checking accounts to be debited on a regular basis. Customers who exceed their allowance quickly find their service shut off automatically, depending on state laws. Making a payment switches the power back on within minutes.

“Nearly 30 percent of people are on a prepay mobile plan in 2013,” said Ed Davalos, lead product marketing manager at AT&T, during a recent Greentech Media webinar. “That cannot be overlooked. The consumer has already changed.”

Getting utilities to adopt the system may require AT&T, in partnership with other vendors, to front some of the costs to switch to smart meter and prepaid billing technology. A study commissioned by AT&T found the biggest hurdle to adopting prepaid electric service is understanding who pays to implement it. One-third of American utility companies would launch prepaid service if it could be done for no or low-cost. Another one-third say they would seriously consider it if someone else put up the money to introduce it.

Since customers can only use energy they already paid to use, there is no payment risk to the utility company. AT&T estimates nearly 10 percent of all utility customers receive disconnect notices every month. The utilities eventually cut service to 3-5 percent of those who still don’t pay, which usually requires a truck to be sent to the customer’s home.

Using prepaid electric service offers utilities the power to switch off service at the office without a costly truck roll and prevent customers from running up an enormous past due balance. If just 10 percent of customers switched to prepaid electric service, AT&T estimates an average utility with 250,000 customers would save $5-15 million per year in costs. Those using prepaid service are so wary of exceeding their power allowance, they use about 11 percent less electricity than non-prepaid customers, reducing demand on electricity generation.

This cellular module is designed to fit within many power meters.

Customers enrolled in prepaid service get to check their energy usage and some utilities offer different rates depending on the time of day. That means cost-conscious customers might hold off doing laundry until rates drop overnight. Others might avoid air conditioning use in the late afternoons, when fluctuating power rates are typically at their highest.

Campbell McCool, chief marketing officer of SmartSynch said the actual costs to the wireless network to manage prepaid was “well under” $0.50 per meter, per month — and SmartSynch executives have offered it can be as little as pennies per meter, per month depending on volume.

Verizon is also involved in the business, announcing a partnership with eMeter to offer cloud-based, scalable MDM for utilities.

Forty-two percent of U.S. electric customers now have digital meters, up from less than 5 percent in 2008. In 2015, more than 50 percent will have them, according to one consultant.

With the introduction of smart meters come risks, warns some consumer advocates.

Last month, the U.S. power market regulator moved towards charging JPMorgan with manipulating higher fluctuating electricity prices with fraudulent trading schemes, impacting customers in California and the Midwest.

Third party electricity marketers have also become a problem in many deregulated power states, with come-ons ranging from rebate checks to introductory rates that expire and leave the customer paying skyrocketing electricity rates well above the cost of buying service direct from the local utility. Many also impose lengthy contracts with steep early termination fees.

Smart meters allow utility providers to conjure up a number of marketing programs, such as a “free power day” offered once per week. Customers signing up for promotions like that typically avoid running the washing machine, dryer, and dishwasher except on days when they won’t pay to use the appliances. Others have to wait until after midnight for savings to kick in from overnight energy discounts.

But many of the programs have been designed to promise more savings than they deliver. Power providers have been criticized for aggressive door-to-door marketing, fraudulent utility switches reminiscent of days when phone customers found their long distance carrier switched without their permission, and tricky promotional checks that, once deposited, commit a customer to several years of service with a provider at whatever rates they choose to charge.

But lack of savings isn’t the only problem. In Texas, utilities can cut power service to customers within 24 hours of warning them they have exhausted their prepaid balance.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/ABS-CBN Regulators promoting use of prepaid electricity 10-25-12.flv[/flv]

In the Philippines, prepaid electric service was introduced to cope with customer complaints about high electricity rates. ABS-CBN News reports the meters don’t cut the price of electricity, they just help customers better manage bills by suggesting ways to reduce usage. (Oct. 2012) (2 minutes)

Time Warner Cable admitted this morning extracting more revenue from existing customers was more important than attracting new ones, and long time subscribers responded by canceling service in above average numbers.

In a conference call largely hosted by incoming CEO Robert Marcus, a number of Wall Street analysts listened to Marcus’ vision for Time Warner under his forthcoming leadership. Marcus offered competing, potentially incompatible visions in his defense of a lackluster quarter: charge existing customers higher prices for service to boost average revenue per subscriber (ARPU) while also improving the customer-company relationship.

For most of 2013, Time Warner has been aggressively moving away from heavily discounted promotional offers to attract customers. Both outgoing CEO Glenn Britt and Marcus have repeatedly stressed heavy discounting of service during the past two years is now over, and the company is looking forward to resetting prices higher when the promotions end later this year.

It is part of the company’s plan to “drive better performance in the residential business.” An unfortunate side effect is that the company continues to lose video and phone customers and its broadband service growth has been so slow, one analyst called it “anemic.” The company’s quarterly results show Time Warner added only 8,000 new broadband customers in the last three months. The company still earned $1.42 billion from broadband sales alone over the last three months, mostly because of rising broadband bills.

Courtesy: Jacobson

Offsetting that growth, TWC lost 191,000 residential video subscribers, leaving it with about 11.9 million video customers. At least 56,000 customers also pulled the plug on Time Warner Cable telephone service.

“As we discussed before, this [new pricing] approach represents a conscious decision to pursue subscribers with higher ARPU, higher profit and lower churn even if that means fewer connects,” said Marcus as he defended the results. “So it’s not a surprise that as in the first quarter of 2013, subscriber net adds were down in the second quarter on a year-over-year basis.”

As customers deal with increasing prices for cable television and broadband service and the irritation of modem rental fees, many are cutting back on their packages to keep their bill stable.

Marcus admitted customer sign ups of triple play — phone, broadband, and cable TV service — were way down in the second quarter and a lot fewer single and double-play customers were convinced to upgrade. The company’s promotional offers have come with a higher price and slower broadband service, often only 3Mbps.

In a number of markets, especially in the midwest, customers are shopping around for other providers. They are finding AT&T U-verse to be a formidable competitor.

“Throughout the quarter, U-verse was pretty aggressive with a beacon price of $79 for their triple play and $49 for their double play,” said Marcus. “I would characterize those as aggressive promotional prices, and they had an impact. I would say that the impact was more pronounced as the quarter wore on. We’ve now responded to that in the market, and I expect that our relative performance should improve there.”

But for much of the rest of the country where competition is less robust, Time Warner intends to continue to hold the line on pricing and resist discounting even if it means subscribers threaten to cancel.

Time Warner Cable has gotten itself ready for an onslaught of unhappy customers, assigning nearly 1,000 employees to staff four national customer retention centers dedicated to trying to persuade customers not to leave. But these specially trained representatives have a dual mission — keep customers with Time Warner Cable, but don’t give away the store doing so.

Stock buybacks and shareholder dividends were a major priority for Time Warner Cable’s cash on hand.

“Not only are our reps saving more customers, they are also preserving more ARPU among the customers they save,” said Marcus. “As promotional roll-offs peak in the second half of 2013, we expect that our new retention capabilities will drive better revenue growth.”

In the broadband market, Time Warner changed little in the second quarter except to raise prices on service and equipment. Marcus could only point to the addition of 3,500 new Wi-Fi hotspots, mostly in New York City, as its signature achievement over the past three months.

On the residential side, broadband revenues were up 12.5%, but most of that growth came from a combination of the modem lease fee, an increase in the number of 30/5 and 50/5Mbps customers and a successful Turbo promotion.

Results for video and voice were considerably worse. Revenues were down about 4%.

But the company managed to report its highest ARPU ever, with customers now paying an average of more than $105 a month for Time Warner service. Most of that increase came from rising broadband prices.

Time Warner Cable has also been preoccupied with spending excess cash on hand to buy back its own stock, which creates shareholder value. Time Warner expects to spend at least $2.5 billion on stock buybacks this year. Shareholders also received $829 million in dividends (113% of Time Warner’s free cash flow).

“We repurchased 6.6 million shares for $638 million, and through July, we have repurchased approximately 83 million shares at an average cost of around $78.50 per share since we began the program in November of 2010,” reported chief financial officer Arthur T. Minson.

Time Warner Cable’s Board of Directors recently approved increasing spending up to $4 billion on stock buybacks.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WRGB Albany TWC Modem Fee 7-31-13.flv[/flv]

WRGB in Albany reports Time Warner Cable customers are angry about another price hike on the company’s modem lease fee effective Aug. 18. WRGB recommends customers buy their own modems to avoid the fee. Time Warner Cable’s Glenn Britt admitted earlier the fee is really just a hidden rate increase. (3 minutes)

AT&T Mobility will add a new “Mobile Administrative Fee” to wireless customer bills beginning this May to defray the costs of doing business.

Broadband Reports notes the new fee amounts to jacking up the cost of service without raising advertised rates.

In most states, the new “Administrative Fee” will amount to $7.32 a year, billed monthly.

AT&T’s website explains the new charge this way:

The Administrative Fee helps defray certain expenses AT&T incurs, including but not limited to: (a) charges AT&T or its agents pay to interconnect with other carriers to deliver calls from AT&T customers to their customers; and (b) charges associated with cell site rents and maintenance.

This is by no means the only “junk fee” AT&T slaps on customer bills that can add up to more than 8.5 percent of your average monthly bill. Among the others:

• Federal Regulatory Fee
• Telecommunications Relay Service Recovery Fee
• Wireless Number Portability and Number Pooling Recovery Fee
• Enhanced 911 Recovery Fee
• Wireless Tower Mandates Costs
• State Area Code Relief Costs
• Customer Proprietary Network Information Notification Costs
• Network Outage Reporting Costs
• State Commission Annual Reporting Costs (Applies only in IN, KY, LA, NM, OH, VA, WI, WV WY)
• Gross Receipts Surcharge (Missouri only)
• Puerto Rico Regulatory Fee (Puerto Rico only)
• Property Tax Surcharge (Puerto Rico only)

Some customers have attempted to break two-year service contracts penalty-free over the addition of new fees, but wireless carriers have made it increasingly difficult to escape, usually because they claim the imposition of new, non-mandated fees do not violate the fine print of their service contract. But complaining customers can usually get carriers to waive the fees as a courtesy. It could not hurt to ask.