"If you have to ask how much, you can't afford it."

Knology, which bought out Sunflower Broadband last year, has elected to carry forward the old owner’s Internet Overcharging schemes, charging broadband customers penalty rates for exceeding their usage allowances.

The company’s explanation for their overpriced bandwidth comes with a tall tale about their competitors they simply made up out of thin air:

Data transfer allotments allow Knology to offer higher speed service with lower prices. Unlimited, open usage plans offered by other providers typically employ network controls to slow down the high usage customers.

That’s news to us, and to their nearest competitor AT&T.  They deny speed throttling any of their U-verse or DSL customers.

While the company’s download speeds are impressive — up to 50Mbps — their upload speeds are not, topping out at a paltry 1Mbps.

Knology's pricing is nearly identical to its predecessor Sunflower Broadband, except for the $5 rate hike for its most popular Silver plan.

Knology claims they expand usage allowances based not on network capacity, but by the percentage of customers they gouge with overlimit fees:

Data transfer allotments: Each level of internet above includes the amount of data transfer indicated measured in Gigabytes (GB). The data transfer allotments are increased regularly, based on usage patterns, to ensure the number of customers who go over their allotments remains under 10%. Additional GB of data transferred beyond the allotment is billed at $1.00 per GB if not purchased at a discount before the end of the billing period. The percentage of Knology customers charged for extra data transfer beyond their allotment was 6.1% in April 2009.

Paul Bunyon, Knology's new director of marketing

Bemusingly, customers with time machines who can travel into the future and determine they will exceed their allowance for the month can pre-purchase an increase in their usage allowance at a discount.

No time machine?  Then you either pay the standard overlimit rate, watch your usage like a hawk, or potentially over-buy excess usage that expires at the end of the month.

Customers tell Stop the Cap! the company’s single, unlimited use package is “the same piece of garbage it always was,” writes Larry who lives in Lawrence.  He had high hopes Knology would do the right thing and abandon Sunflower’s overcharging schemes.

“Apparently not, and after a month with their unlimited service, I have scheduled my U-verse installation with AT&T,” Larry writes. “Even on Knology’s limited packages, they don’t provide the speeds they promise.”

Larry also says the higher speed tiers Knology offers deliver diminishing returns.

“If their uplink is congested, or the web sites you visit are busy, it won’t matter if you have 10Mbps or 50Mbps — the speed is effectively the same,” he says. “Besides, upload speed is more important these days and 1Mbps is just plain lousy in 2011.”

“Bye, bye SunKnology.”

Sunflower's Old Broadband Plans & Pricing (February 2010)

Last year, Stop the Cap! told you the story of Mark Williams, the Lee, Massachusetts resident that was quoted an installation fee of $12,000 from Time Warner Cable.

The town intervened, claiming the cable company was violating its franchise agreement by not providing standard cable installation for any customer who also received electric and phone service.  Time Warner agreed to reduce the fee to $4,000 — still unacceptable to Williams.  Months later, and after a threat of sanctions from the Board of Selectmen, Williams got his cable-TV, broadband, and phone service installed for $35 — the same rate other Berkshire customers pay.

Williams did have to spend around $1,500 to bury an underground cable that runs some 600 feet from the nearest utility pole to his home.  Williams wasn’t interested in overhead wiring and didn’t mind paying the additional fee to have the cable buried where he wanted it.

Lee, Massachusetts is located in broadband sparse western Massachusetts

Cable companies routinely deny cable television services to customers who live in sparsely populated areas, where the company is not expected to earn back its wiring investment within a short period of time.  In such cases, either the customer (and other interested neighbors) split the wiring costs or they go without service.  But Lee’s franchise agreement insisted the cable company wire any customers in its franchise area who also have access to other utilities, which includes nearly everyone.

Other communities trying to get their outlying residents cable service could find providers amenable if they insist on similar clauses during franchise renewal negotiations.

Williams tells The Berkshire Eagle he is grateful for the support of his town government, especially patent attorney Malcolm Chisholm of the Lee Cable Advisory Committee for taking on Time Warner on his behalf.

“He’s a real terrier and sinks his teeth into something until it’s done right,” Williams told the newspaper.

Frontier used Time Warner Cable's usage cap experiment against them in this ad to attract new customers in the spring of 2009. Now they're no better.

Stop the Cap! reader Mike in Elk Grove, California reports his departure from Frontier Communications carried a goodbye kiss he’ll not soon forget: a $680 final bill made up primarily of early termination fees:

“I just got my Frontier bill after canceling (they canceled me because I ported my number to another provider),” Mike writes.  “The bill cycle was through 2/14/2011 (my contract ends on March 6, 2011).”

The bill was for $679.72.

More than 22 months into his 24 month contract, Frontier charged him early termination fees at the same rate he would pay if he departed 14 days into his term:

• High Speed Internet Loyalty Fee: $200
• Netbook Term Fee: $300
• California Unlimited Term: $200

The only reason his final bill was not higher is that he received some service credits for the partial month he was not their customer.

Needless to say, Mike is livid.  He is one of several Sacramento-area customers who received letters from Frontier threatening to terminate his Internet service if he did not reduce his usage.  When Mike ultimately decided to reduce his usage to zero and switch providers, Frontier dumped every termination fee it could find on Mike’s final bill.

But before Mike opens his checkbook, he (and any other customer gouged with early termination fees) should remember this:

Frontier cannot bill you early termination fees and expect to be paid when they unilaterally changed the terms of the contract.

From Frontier’s Terms and Conditions for High Speed Internet:

Our Right To Make Changes

UNLESS OTHERWISE PROHIBITED BY LAW, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THIS WEB SITE, UNLESS THE PRICES, TERMS AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.

When Mike (among others) signed up for Frontier service, their broadband service did not carry any usage limits.  Frontier’s “price protection agreement” claims it will “lock in” your current price.  But Frontier violated their own contract when they sent letters to customers threatening to terminate their broadband service for using Internet service that had no specified usage limit and demanding they pay a higher price of up to $250 a month to continue service.  So much for “price protection.”

You are not obligated to accept Frontier’s unilateral action and can notify the company they have made a “materially adverse” change to your contract by specifying that you exceeded a never-defined usage limit (100GB), and that the company sought a price increase ranging from $99-250 to continue service with them.  If you exceeded 100GB a year ago, you would not have received this letter.  Today you will — and that is a change you need not accept.

Frontier defaulted on their obligations to you as a customer, and your recourse is to cancel the contract, penalty-free.

Frontier Communications’ outrageous term contract fees were precisely what got the company in hot water with the New York State Attorney General in 2009, and the company settled charges with refunds and waivers for those unjustly billed cancellation fees Frontier was not entitled to receive.  Apparently they have not learned their lesson.

Your response:

1. Send a registered, return receipt requested letter to Frontier notifying them under the terms of their own contract, you do not accept the changes outlined in their letter limiting your broadband service.  Your original contract with Frontier did not include a specified usage limit and now using more than 100GB results in a request to pay more or reduce usage.  That represents a “materially adverse change” in your agreement.
2. Under these conditions, you are exercising your right to depart, penalty-free, from your term contract with Frontier Communications.
3. Warn Frontier that any attempt to collect early termination fees or other cancellation fees will result in civil action appropriate to protect your credit rating and will trigger a complaint with the California Attorney General’s office.
4. Keep copies of all correspondence and record dates, times, and names of any representatives you speak with, as they will be helpful in any official investigations that follow.
5. Also be sure to proceed with the terms found on the back your Frontier bill to protest erroneous charges, preferably in writing.  You want a paper trail and you want to protect your credit rating from any adverse collection activity.

Mike has already contacted local media about his case, which is a smart idea.  Warning other consumers about the potential costs of doing business with Frontier is likely to only further deteriorate their reputation in the Elk Grove area.  Alienating and overcharging your customers is a great way to get them to share their story with as many people they can find, and that only makes a bad company look worse.

[flv width=”360″ height=”240″]http://www.phillipdampier.com/video/WROC Rochester Frontier Flagged for Not Telling Customers About Fees 10-5-09.flv[/flv]

WROC-TV Rochester reported back in October, 2009 that Frontier was on the hook for hundreds of dollars in refunds to some customers. (2 minutes)

A wireless ISP (WISP) serving parts of Michigan and eastern Iowa has informed customers that due to their enthusiastic use of the Internet, the company was slapping a 5GB monthly usage limit on customers effective Feb. 1.

SpeedConnect, based in Saginaw, Mich., informed customers in a letter that those who exceed the company’s new usage limit face a penalty overlimit rate of $2.00 per gigabyte.  An alternative 200GB “Platinum” monthly usage plan, including phone service, was also announced for $69.99 per month.

That’s a steep rate increase for customers accustomed to receiving around 3Mbps download x 384Kbps upload speeds for $39.95 per month.

Too much for our reader Greg, who says he has been a SpeedConnect customer for the last decade.

“Ouch,” Greg writes.  “I’m changing ISPs over this.”

Company officials blame the usage limits on usage growth.  The company’s letter states, “[growth] is forcing us to make substantial upgrades to our networks and to rethink the way we provide service to our customers.”

Now customers will rethink using SpeedConnect for their Internet access.

SpeedConnect's letter to customers.

SpeedConnect’s attempt to collect upgrade funds from their customers, which the company admits are increasingly turning to broadband for home entertainment and information, comes at the same time the company had no trouble dipping into the kitty to buyout CommSpeed of Arizona’s 2.5GHz spectrum holdings and customers based in Eastern Iowa.

Saginaw, Mich.

AT&T DSL is one alternative.

The same CEO that signed the letter telling customers to use less of their service or pay dramatically more was thrilled about “the exciting new chapter” its merger/acquisition would open.

“The completion of this acquisition is a significant event for our customers, communities, investors, and employees,” said John A. Ogren, President and Chief Executive Officer.

Saginaw residents are not well-served by AT&T, which has left major gaps in the economically-stressed region’s broadband coverage options.  We had a hard time finding landlines in Saginaw and nearby townships pre-qualified for AT&T DSL to offer a price comparison.  After much searching, we discovered AT&T heavily markets DSL Pro ($35/$19.95 new customer promo price for one year) which delivers 3Mbps/512kbps service, or Elite ($40/$24.95 new customer promo price for one year) which offers 6Mbps/768kbps service to those who -can- get the service.

AT&T’s Pro plan delivers comparable speeds at lower prices than SpeedConnect charges, all with no usage limits.  Users seeking higher speeds can use them without fear of overlimit penalties or a $70 broadband bill using AT&T’s Elite DSL plan.

SkyWeb is the other.

Greg also notes he has another wireless option, as do many residents and business across central Michigan’s Tri City area, from SkyWeb, which delivers wireless access at speeds ranging from 3-10Mbps.  The company does not limit usage and offers new customers a month of free service.  A comparable package of services from SkyWeb at 3Mbps is priced $10 less than what SpeedConnect charges.

Wireless ISPs have unique problems trying to keep up with usage demands:

1. Many are individually owned and operated and lack sufficient capital to invest in required upgrades to meet today’s Internet multimedia reality;
2. Many WISPs serve rural areas where growth opportunities are often limited;
3. A few very heavy users could create significant strains on a wireless network that is not infinitely expandable;
4. The arrival of competition from telephone, cable, or even cell-phone wireless data plans can present a major threat to the business plans of some providers.

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/WNEM Saginaw Air Advantage Broadband Grant 9-2010.flv[/flv]

WNEM-TV covered Air Advantage, another regional WISP that won a broadband stimulus grant last fall to expand wireless access in mid-Michigan.  (2 minutes)

Talk. Watch. Surf. Cancel. -- Major price increases on the way for Frontier FiOS customers in Indiana.

When is a rate increase not just a rate increase?  When it’s also “an attractive offer.”

Frontier Communications is getting heat from consumers in Fort Wayne, Ind., with news their Frontier FiOS TV bill will skyrocket $12-30 higher in the coming month.

To distract from the disaster-in-the-making, Frontier representatives are waving shiny keys to customers preparing to depart, trying to “upgrade” Indiana residents back to satellite TV.

Don Banowetz, president of Frontier’s Midwest division, told Fort Wayne customers he was personally excited by the satellite offer, because customers can get free programming services for the remainder of 2011, a $700 value according to Banowetz.

“It’s not just a price increase, it’s an offer — a quite attractive offer,” Banowetz told INC Now.

Frontier is also pitching a free 32-inch “web-capable” digital television for customers signing an extended length contract.

Frontier says these televisions are going to revolutionize the way Americans watch TV over the next five years, and they believe their offer will be well-received by customers.

Not so much.

"It's not just a price increase, it's an offer!"

“I’ll bet their letter will leave out the part about how Frontier rations the Internet to their customers,” writes Fort Wayne resident Irv, who has been closely following Frontier’s Internet Overcharging antics in the Sacramento area.  “Will the coin slot be on the top or side of their television, because after you start watching, you’ll have to start paying.”

Frontier has sent letters to customers in Minnesota and California demanding up to $250 a month for residential broadband access because they used the company’s DSL service “too much.”

“Who wants to sign a two or three contract with Frontier, raise your hands,” Irv asks.  “They have just destroyed their FiOS TV service in Indiana — my fingers couldn’t dial the cable company fast enough as I take my business somewhere else.”

Another Fort Wayne resident — Nick Behm, has been following Stop the Cap! ever since Verizon announced it was selling Ft. Wayne’s phone lines to Frontier.

“You guys had this company nailed — Indiana’s regulators should hire you folks and some other actual consumers to review these deals before they get rubber-stamped, because Frontier is going to put themselves out of business and risk landline service throughout our area,” Behm writes.  “How can you ruin a fiber service that sells itself?  Let Frontier run it.”

Neither Behm or Irv will be taking up Frontier’s offer, although Behm still has a term contract of his own — with Verizon.

“I am protected from Frontier’s cash grab for several more months, so at least I have time to prepare for the forthcoming cancellation — bye, bye Frontier.”

[flv width=”432″ height=”260″]http://www.phillipdampier.com/video/INC Now Ft Wayne New Charges for Frontier Customers 1-18-11.mp4[/flv]

INC Now delivers the bad (and according to Frontier – good) news to Fort Wayne, Ind., FiOS TV customers — your rates are going up as much as $30 a month.  (1 minute)