Andre Vrignaud of Seattle has been benched for a year by Comcast for using too much of its Internet service.

From time to time, we get reports from Comcast customers victimized by the company’s 250GB usage cap.  The nation’s largest cable broadband provider implemented that arbitrary limit back in 2008 after the Federal Communications Commission told the company they could not throttle the speeds of customers using applications like peer-to-peer file sharing software — then pegged as the usual suspect for turning “ordinary” broadband users into “data hogs.”

For at least 18 months, Comcast’s usage cap came with no measurement tools or real explanation most customers could find about what a “gigabyte” was, much less how many of them they “used” that month.  Only last year, Comcast finally rolled out usage measurement tools for customers who bother to find them on their website.  New customers signing up for service never even realize there is a usage cap until a thick brochure of legalize comes with the installer outlining the company’s Acceptable Use Policy.

Still, compared to some of the usage cap battles Stop the Cap! was fighting three years ago, Comcast was the least of our problems.  Frontier’s infamous 5GB usage allowance was the worst we’d ever seen, Cable One’s IRS-like usage policies required an academic to explain them, and Time Warner Cable’s ‘lil experiment in broadband rationing with a 40GB usage cap experiment crashed and burned soon after being announced in the lucky test cities scheduled to endure it.  That doesn’t make Comcast’s cap fair or right, but protecting consumers from these schemes requires triage.

But we remember well Comcast’s promise that it would regularly revisit and adjust its usage cap to reflect the dynamic usage of its customers.  That’s just one more broken promise from a broadband provider with an Internet Overcharging scheme.  In fact, Comcast has not moved its cap one inch since the day it was announced, although they have increased their rates.  The only thing going for the cable giant is that it doesn’t treat “250GB” as a guillotine.  In fact, the cable company only sends the usage police after the top few percent of users that exceed it, issuing a warning not to exceed the cap again during the next six months, or face a year without having the service.

This punitive policy is what Time Warner Cable CEO Glenn Britt loves to rail against.  For him, broadband usage should never be penalized — it should be exploited for all the money the provider can possibly get from customers.  That’s why Britt favors a consumption billing system that starts off with a high monthly price for everyone, than goes much higher the more you use.  Would the neighborhood crack dealer cut you off for using too much?  Of course not.  Feeding your broadband usage habits can mean fat profits, and investors love it.

Andre Vrignaud, a 39-year-old gaming consultant in Seattle, wrote us (and many others) about his own experience with Comcast’s usage ban.  He’s a victim of it, having been warned once about usage and then ultimately told his cable modem was disabled for a year.  For Vrignaud, it was a case of using a cloud storage file backup provider, moving very high resolution images around, and having roommates.  Since Comcast counts upload and download traffic towards its usage limit, it’s not hard to see what can happen to anyone trying to back up today’s supersized hard drives.  What’s especially ironic is that Comcast itself sells online file backup services — which also counts towards your cap.

Comcast’s attitude about its decision to ban Vrignaud from its broadband service for a year was simple enough: it’s a clear cut case of violating their usage caps.  In their view, heavy users slow down broadband service for everyone else in the neighborhood.  So they set a policy that cuts them off when they use too much.

To add insult to injury, broadband-disabled Comcast customers have to call Comcast’s Retentions & Cancellations Department to get the billing stopped on his disabled service.  Vrignaud had to negotiate with a representative whose instinct is to keep you a Comcast customer at all costs, even when the company won’t allow you to be one!

But is Comcast really facing a congestion issue?  Not if you happen to be a business customer at the same address, using the exact same infrastructure that residential customers in the neighborhood use.  Business Class service has no usage limits at all — “congested neighborhood” or not.  And that is where Comcast’s argument simply starts to fall apart.

We’ve been in touch with Vrignaud privately in an effort to help him find a way back to his broadband service.  The alternative is DSL from Qwest/CenturyLink, and unless you live in an area where the phone company has upgraded their networks to support ADSL 2+ or other advanced flavors of DSL, that represents quite a speed downgrade.

Our readers have told us Comcast representatives have several unofficial ways of dealing with heavy users who have gotten their first warning from the company.  Some have told customers to sign up for a second residential account under the name of someone else in the home to allot themselves an additional 250GB of usage.  Others recommend signing up for a business account, which means no usage cap at all.  For those who have been cut off, signing up as a new customer under the name of someone else in the household usually gets you back in the door, albeit facing the same usage cap issue all over again.

The problem Vrignaud encountered is Comcast’s clumsy way of dealing with customers, like himself, who have been sentenced to a year without broadband service (from them).

Vrignaud explored the route we recommended — Business Class service — and found he couldn’t sign up.  Evidently Comcast’s ban is tied to his personal Social Security number, and when he tried to enroll in Business Class service using it, he was stopped dead in his tracks.

Turns out that once Comcast has cut your broadband account for violating their data cap policy you are verboten from being a Comcast customer for 1 year. That’s right:

After being cut off from Comcast’s consumer internet plan due to using too much data, I’m told I’m ineligible to use Comcast’s recommended solution, their business internet plan that allows the unlimited use of data — solely because I made the mistake of actually using “too much” data in the first place.

As the sales rep said in my Google Voicemail message, “what’s interesting is that if you would have started off on the business side of the house, since we don’t have a cap limitations [sic] you would’ve been fine.”

Vrignaud also mentioned he was unsure if Comcast required a business Taxpayer Identification Number (TIN) in order to sign up for Business Class service.  In fact, for our readers who have gone this route, it turned out not to be necessary.  They just put their Social Security number in the space reserved for a TIN and had no problems.  Vrignaud would have a problem, however, because his Social Security number is effectively “poisoned” for the year.  He would need to obtain a specific kind of TIN — an Employer Identification Number (EIN) to proceed.  Luckily, it takes less than five minutes to apply for one online and is free.  The number displayed at the end of the process would be the one to use with Comcast.  An alternative suggestion would be to sign up for service under the name of someone else in the household.

For those on Comcast’s bad side, there is more hoop-jumping to get your service back than at the Ringling Bros. circus.

Should all this even be necessary?

Broadband service carries up to a 90% profit margin.

Stop the Cap! thinks not.  While Comcast may have endured last-mile congestion on its shared cable broadband network in days past, the company’s aggressive upgrades to DOCSIS 3 technology makes congestion-based usage limits more of an excuse than a reality.  Comcast is pitching faster broadband speeds than ever, all hampered by the same 250GB usage limit.  While residential and business class customers share the same physical cable lines strung across neighborhoods, one faces a usage cap and the other does not.  It’s simply not credible.  Comcast’s punitive usage cap scheme throws away their own customers and the revenue they bring.

Vrignaud wants the option of getting his service back, perhaps by buying additional usage.  That’s Time Warner Cable’s dream-come-true, and one we are concerned about.  Once broadband usage is limited and monetized, it becomes a commodity that can be priced to earn enormous additional revenue for cable operators, regardless of the actual cost of providing the service.  That’s a dangerous precedent in today’s duopolistic broadband marketplace, because the cost per gigabyte will likely be on the order of a thousand times or more the actual cost, with no competitive pressure to keep that cost down.  That’s how Canada ended up in its Internet Overcharging pickle, where providers call $1.50-$5 per gigabyte “reasonable,” even though it costs them only pennies (and dropping) to deliver.  Some providers are even raising those prices, even as their costs plummet.  That’s not a road we want the cable or telephone industry walking down, or else we’ll find today’s enormous cable TV bills pale in comparison to the outrageous broadband service bills of the future.  Time Warner Cable provided a helpful preview in 2009 when they proposed unlimited 15/1Mbps residential service at the low, low price of $150 a month.

Vrignaud is just one more example of why Internet Overcharging risks America’s broadband future.  It’s an end run around Net Neutrality, its arbitrary, and unjustified.  The rest of the world is racing to discard what they called congestion pricing almost as fast as America’s providers (and their Wall Street cheerleaders) are racing towards Internet Overcharging.  The United States should be following Canada’s lead and hold providers to account for this kind of Internet pricing and force them to prove its warranted, or be rid of it.  With virtually every provider earning enormous profits off Internet service at today’s speed-based pricing, there remains no justification to overcharge customers for their broadband usage.

A Time Warner Cable online customer support employee is out of a job after sexually harassing a Charlotte, N.C. area woman looking for help with her Time Warner Cable account.

“Hello my baby,” was the opening “Bobby” gave to Denise when she began an online chat to learn more about the cable company’s products.  “Yes baby I here to ———- you,” came soon after.

“It is unacceptable,” said Denise’s son Shaun Poland, who didn’t get much of a response from Time Warner until he took the story to a Charlotte-area television station and the cable company’s Facebook page.  “It is sexual harassment.”

Poland’s mother thought it must have been a mistake, but as the comments continued, Poland told her to take a “screen grab” of the online chat.  Despite calls to Time Warner, Poland didn’t hear anything until taking the story public, and to a much wider audience.

Time Warner Cable spokesman Dan Ballister issued a statement denying the online chat agent was a direct employee of Time Warner Cable.  But the agent involved was working for a cable company vendor and had access to Time Warner customer phone numbers and home addresses.

“Within 24 hours of this incident, the agent was no longer supporting Time Warner Cable,” Ballister said.

Poland is still concerned.

“We have a crazy person with access to all of our information saying sexually harassing things,” Poland told the station.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WSOC Charlotte Woman Receives Inappropriate Messages In Time Warner Cable Chat Room 7-1-11.flv[/flv]

Charlotte station WSOC-TV talked with Shaun Poland about his mother’s disturbing experience chatting with Time Warner Cable.  (2 minutes)

Vincent, one of our regular Stop the Cap! readers sent along a link to a story about the decrepit state of American broadband: it’s a real mess for those who can’t get it, can’t get enough of it, and compare it against what other people abroad are getting.

Cracked delivers the top five reasons why American broadband sucks.  Be sure and read their take (adult language), but we have some thoughts of our own to share:

#5 Some of Us Just Plain Can’t Get It

Large sections of the prairie states, the mountain states, and the desert states can’t get broadband no matter how much they want it.  That’s because they are a hundred miles or more from the nearest cable system and depend on the phone companies — especially AT&T, Frontier, CenturyLink, and Windstream to deliver basic DSL.  AT&T is trying as hard as possible to win the right to abandon rural America altogether with the elimination of their basic service obligation.  Verizon has sold off some of their most rural territories, including the entire states of Hawaii, New Hampshire, Maine, Vermont, and West Virginia.  CenturyLink has absorbed Qwest in the least populated part of America — the mountain and desert west.

Frontier and Windstream are betting their business models on rural DSL, and while some are grateful to have anything resembling broadband, neither company earns spectacular customer ratings.

So long as rural broadband is not an instant profit winner for the phone companies selling it, rural America will remain dependent on dial-up or [shudder] satellite fraudband.

#4 Often There are No Real Options for Service (and No Competition)

Cracked has discovered the wonderfully inaccurate world of broadband mapping, where the map shows you have plentiful broadband all around, but phone calls to the providers on the list bring nothing but gales of laughter.  As if you are getting service at your house.  Ever.  Stop the Cap! hears regularly from the broadband-deprived, some who have had to be more innovative than the local phone company ever was looking for ways to get service.  Some have paid to bury their own phone cable to get DSL the phone company was reluctant to install, others have created super-powered Wi-Fi networks to share a neighbor’s connection.  The rest live with broadband envy, watching for any glimpse of phone trucks running new wires up and down the road.

Competition is a concept foreign to most Americans confronted with one cable company and one phone company charging around the same price for service.  The most aggressive competition comes when a community broadband provider throws a monkey wrench into the duopoly.  Magically, rate hikes are few and fleeting and speeds are suddenly much better.  Hmmm.

#3 Those Who Have Access Still Lag Behind the Rest of the World

We're #35!

This is an unnerving problem, especially when countries like Lithuania are now kicking the United States into the broadband corner.  You wouldn’t believe we’re that bad off listening to providers, who talk about the innovative and robust broadband economy — the one that is independent of their lousy service.  In fact, the biggest impediment to more innovation may be those same providers.  Some have an insatiable appetite for money — money from you, money from content producers, money from taxpayers, more money from you, and by the way there better be a big fat check from Netflix in the mail this week for using our pipes!

Where is the real innovation?  Community providers like Greenlight, Fibrant, and EPB that deliver their respective communities kick-butt broadband — service other providers would like to shut down at all costs.  Not every commercial provider is an innovation vacuum.  Verizon FiOS and Google’s new Gigabit fiber network in Kansas City represent innovation through investment.  Unfortunately Wall Street doesn’t approve.

Still not convinced?  Visit Japan or Korea and then tell us how American broadband resembles NetZero or AOL dial-up in comparison.

#2 Bad Internet = Shi**y Economy

The demagoguery of corporate-financed dollar-a-holler groups like “FreedomWorks” and “Americans for Prosperity” is without bounds.  Whether it was attacking broadband stimulus funding, community broadband endeavors, or Net Neutrality, these provider shills turned broadband expansion into something as worthwhile as a welfare benefit for Cadillac drivers.  Why are we spending precious tax dollars on Internet access so people can steal movies and download porn they asked.  Why are we letting communities solve their own broadband problems building their own networks when it should be commercial providers being the final arbiter of who deserves access and who does not?  Net Neutrality?  Why that’s a socialist government takeover, it surely is.

It’s like watching railroad robber barons finance protest movements against public road construction.  We can’t have free roads paved by the government unfairly competing with monopoly railway companies, can we?  That’s anti-American!

The cost of inadequate broadband in an economy that has jettisoned manufacturing jobs to Mexico and the Far East is greater than we realize.  Will America sacrifice its leadership in the Internet economy to China the same way we did with our textile, electronics, appliances, furniture, and housewares industries?  China, Japan and Korea are building fiber optic broadband networks for their citizens and businesses.  We’re still trying to figure out how to wire West Virginia for 3Mbps DSL.

#1 At This Point, Internet Access is Kind of a Necessity

The United Nations this week declared the Internet to be a basic human right.  Conservatives scoffed at that, ridiculing the declaration for a variety of reasons ranging from disgust over any body that admits Hugo Chavez, to the lack of a similar declaration for gun ownership, and the usual interpretation of broadband as a high tech play-toy.  Some folks probably thought the same way about the telephone and electricity around 1911.

Yes, the Internet can be frivolous, but then so can a phone call.  Cursed by the U.S. Post Office for destroying their first class mail business, by telephone directory publishers, and those bill payment envelope manufacturers, the Internet does have its detractors.  But should we go back to picking out commemorative stamps at the post office?  Your local phone and cable company sure doesn’t think so.  We don’t either.

Downtown Bangor, Maine

Broadband will be considerably faster in downtown Bangor, Maine — if you are a business doing business with Time Warner Cable.

The cable operator is working with the city of Bangor to ease the construction of a four-mile long fiber stretching across the downtown business district, with completion expected this October.

The Bangor city government is helping ease the paperwork and permits required to efficiently complete the project as quickly as possible to minimize disruptions to traffic and ongoing business.

Our readers tell us Maine has been a problem area for Time Warner Cable, with congestion problems in several areas because of lack of periodic upgrades.  Oversold broadband symptoms typically include peak usage slowdowns for downstream speeds, even as upstream speeds remain close to their advertised levels.

Businesses in Bangor report existing speeds to be a headache when trying to conduct business or assist customers.

The upgrade is expected to primarily serve business customers, although the cable company is progressing on DOCSIS 3 upgrades across their Maine service areas.

[flv width=”640″ height=”450″]http://www.phillipdampier.com/video/WCSH Portland High speed Internet coming soon for downtown Bangor businesses 6-3-11.flv[/flv]

WCSH-TV in Portland covered the potential impact a fiber upgrade will have for downtown Bangor businesses.  (2 minutes)

Nevermind. We'll resell Sprint instead.

Back in January 2010, Cox Cable announced it was getting into the cell phone business with an ambitious plan to construct its own competing wireless network.  Cox used their little spacemen to market their forthcoming alternative as delivering “unbelievably fair” pricing and terms for cell phone service.  The bigger players were selling bait and switch plans with high extra charges and bill shock at the end of the month, or so Cox’s ads suggested.

Now, the cable company has announced it is pulling the plug on its partially constructed 3G network, and will rely exclusively on reselling Sprint service.

“We believe this approach is good for our customers, allowing us to take the necessary steps to fulfill our promise to deliver a Cox experience that customers expect from us,” read a statement from Cox.

What happens to Cox’s existing infrastructure, and the frequencies it won at auction in 2008, is unknown.

Although the reasons for the change of heart are not officially known, there is speculation in the investment community Cox’s expensive launch of 3G technology would be outdated just as larger providers were unveiling newer 4G networks.  Additionally, the dynamics of the market are increasingly trending towards a duopoly, especially after AT&T announced its intentions to acquire T-Mobile.

Two major carriers will provide service to the vast majority of Americans if the merger is approved.  That would leave Cox in a difficult position attracting investment to build its own network and interest from consumers looking for the latest and greatest smartphones Cox couldn’t sell.

Sprint’s wholesale division has allowed several providers to resell Sprint’s network, no capital investments required.  Cox had already been relying on Sprint for providing cell phone service in several markets.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Cox Wireless Advertising Campaign.flv[/flv]

Cox Wireless’ marketing campaign promised “unbelievably fair” pricing on its own wireless network.  Now it will resell Sprint’s network instead. (2 minutes)