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FCC Announces Open Internet Advisory Committee With No Consumer Representatives

Phillip Dampier

The Federal Communications Commission has announced the composition of its new Open Internet Advisory Committee to help track and evaluate the effects of the agency’s Net Neutrality policies, but has no member directly representing the interests of consumers.

The OIAC will focus on important Net Neutrality policies like transparency, reasonable network management practices, the differences governing policies for wired and wireless broadband, and issues like usage caps and speed throttling. But there are no voices on the committee that speak directly on behalf of end users — individual customers who use the Internet in their daily lives.

The FCC instead packed the panel with business, social policy and educational interests, many with direct financial ties to large telecommunications companies.

Selected members include:

  • Harvey Anderson, Vice President of Business Affairs & General Counsel, Mozilla
  • Brad Burnham, Founding Partner, Union Square Ventures
  • Alissa Cooper, Chief Computer Scientist, Center for Democracy & Technology
  • Leslie Daigle, Chief Internet Technology Officer, Internet Society
  • Jessica Gonzalez, Executive Board, Media and Democracy Coalition; Vice President for Policy & Legal Affairs, National Hispanic Media Coalition (representing NHMC)
  • Shane Greenstein, Professor and Kellogg Chair of Information Technology, Kellogg School of Management, Northwestern University
  • Russell Housley, Chair, Internet Engineering Task Force; Founder of Vigil Security, LLC (representing Vigil Security, LLC)
  • Neil Hunt, Chief Product Officer, Netflix
  • Charles Kalmanek, Vice President of Research, AT&T
  • Matthew Larsen, CEO, Vistabeam
  • Kevin McElearney, Senior Vice President for Network Engineering, Comcast
  • Marc Morial, President & CEO, National Urban League
  • Elaine Paul, Senior Vice President, Strategic Planning, The Walt Disney Company
  • Jennifer Rexford, Professor of Computer Science, Princeton University
  • Dennis Roberson, Vice Provost & Research Professor, Illinois Institute of Technology (representing T-Mobile)
  • Chip Sharp, Director, Technology Policy and Internet Governance, Cisco Systems
  • Charles Slocum, Assistant Executive Director, Writers Guild of America, West
  • Marcus Weldon, Chief Technology Officer, Alcatel-Lucent
  • Michelle Zatlyn, Co-Founder & Head of User Experience, CloudFlare

Missing are the voices of consumers who want an open Internet and do not believe in Comcast and AT&T’s definitions of “reasonable network management” that include Internet Overcharging schemes like usage caps and overlimit fees.

Consumers will instead have to depend on Internet businesses and institutions that coincidentally share an active dislike of traffic control measures, primarily for their own business reasons.

By excluding the consumer’s voice in policy debates, it is no wonder FCC Chairman Julius Genachowski increasingly seems amenable to the companies he is supposed to independently oversee — spending a considerable amount of time opening industry conventions with keynote speeches, reviewing lobbyist briefs about various communications issues, and talking directly with the corporate leadership of the companies involved. It is disturbingly clear he is listening less and less to consumers. A clear sign of that was his vocal support for the kinds of usage-based Internet pricing schemes that consumers generally loathe.

Genachowski and his staff need to spend more time listening to individual Internet users and the customers of providers and less time attending industry-sponsored events.

The OIAC is a good place to start. Consumers deserve a seat at the table in a debate that will impact every American Internet user.

Rogers’ “Unconscionable” Service Contracts & Bell’s Touch-Tone Fee Ripoff

Phillip Dampier May 29, 2012 Bell (Canada), Canada, Consumer News, Rogers, Video Comments Off on Rogers’ “Unconscionable” Service Contracts & Bell’s Touch-Tone Fee Ripoff

Rogers' "unconscionable" service contract allows the company to do just about anything.

Did you know that signing a contract with Rogers Communications for your broadband, phone, and cable television service will not protect you from the company’s annual rate increases?

It represents a classic example of an “unconscionable term” in a contract, according to Anthony Daimsis, a contract law professor at the University of Ottawa. Not because Rogers has inserted language that allows the company to raise rates on contract customers at will, but rather because consumers cannot escape the contract without paying a stiff early termination fee, usually approaching $200.

Rogers says its service contracts do not guarantee stable rates, instead providing a discount for bundling its services together. Most Canadians asked by CBC’s Marketwatch thought otherwise, believing it should lock in current rates for the term of the agreement.

The consumer show also chases Bell for charging Canadians $2.80 a month for touch-tone service — a fee that disappeared off most other phone company bills 20 years ago. Bell claims the touch-tone fee was introduced because the company met opposition from rotary phone customers when it tried to bundle the fee into its general price for phone service.

These days, buying a rotary dial phone requires a visit to an antique shop, but should you acquire one just to escape paying the phone company an extra $33 a year, it won’t work. Bell says the fee is now mandatory for all customers, rotary or otherwise — no one can “opt out.”

Bell’s touch tone bill padding rakes in an extra $100 million a year in revenue, all for a service upgrade paid for decades ago.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CBC Busted 04-2012.flv[/flv]

CBC Marketplace presents “Busted,” a special marathon edition exposing consumer ripoffs and deceptive advertising. In this clip, the show chases down Bell’s bill padding touch tone fee and Rogers’ notorious service contracts that lock customers in place -and- subject them to annual rate increases.  (13 minutes)

Innovation Reality Check: Give Broadband Consumers the Flat Rate Service They Demand

Phillip "Is this 'innovation' or more 'alienation' from Big Cable" Dampier

While Federal Communications Commission chairman Julius Genachowski pals around with his cable industry friends at this week’s Cable Show in Boston, observers could not miss the irony of the current FCC chairman nodding in repeated agreement with former FCC chairman Michael Powell, whose bread is now buttered by the industry he used to regulate.

The revolving door remains well-greased at the FCC, with Mr. Powell assuming the role of chief lobbyist for the cable industry’s National Cable and Telecommunications Association (and as convention host) and former commissioner Meredith Attwell-Baker enjoying her new office and high priced position at Comcast Corporation, just months after voting to approve its multi-billion dollar merger with NBC-Universal.

Genachowski’s announcement that he favors “usage-based pricing” as healthy and beneficial for broadband and high-tech industries reflects the view of a man who doesn’t worry about his monthly broadband bill. As long as he works for taxpayers, we’re covering most of those expenses for him.

Former FCC chairman Powell said cable providers want to be able to experiment with pricing broadband by usage. That represents the first step towards monetizing broadband usage, an alarming development for consumers and a welcome one for Wall Street who understands the increased earnings that will bring.

Unfortunately, the unspoken truth is the majority of consumers who endure these “experiments” are unwilling participants. The plan is to transform today’s broadband Internet ecosystem into one checked by usage gauges, rationing, bill shock, and reduced innovation.  The director of the FCC’s National Broadband Plan, Blair Levin, recently warned the United States is on the verge of throwing away its leadership in online innovation, distracted trying to cope with a regime of usage limits that will force every developer and content producer to focus primarily on living within the usage allowances providers allow their customers.

“I’d rather be the country that developed fantastic applications that everyone in the world wants to use than the country that only invented data compression technology [to reduce usage],” Levin said.

Genachowski’s performance in Boston displayed a public servant primarily concerned about the business models of the companies he is supposed to oversee.

Genachowski: Abdicating his responsibility to protect the public in favor of the interests of the cable industry.

“Business model innovation is very important,” Genachowski said. “There was a point of view a couple years ago that there was only one permissible pricing model for broadband. I didn’t agree.”

We are still trying to determine what Genachowski is talking about. In fact, providers offer numerous pricing models for broadband service in the United States, almost uniformly around speed-based tiers, which offer customers both a choice in pricing and includes a worry-free usage cap defined by the maximum speed the connection supports.

Broadband providers experimenting with Internet Overcharging schemes like usage caps, speed throttles, and usage-billing only layer an additional profit incentive or cost control measure on top of existing pricing models.  A usage cap limits a customer to a completely arbitrary level of usage a provider determines is sufficient. But such caps can also be used to control over-the-top streaming video by limiting its consumption — an important matter for companies witnessing a decline in cable television customers.  Speed throttles are a punishing reminder to customers who “use too much” they need to ration their usage to avoid being reduced to mind-numbing dial-up speeds until the next billing cycle begins. Usage billing discourages consumers from ever trying new and innovative services that could potentially chew up their allowance and deliver bill shock when overlimit fees appear on the bill.

The industry continues to justify these experiments with wild claims of congestion, which do not prevent companies like Comcast, Time Warner Cable, and Cox from sponsoring their own online video streaming services which even they admit burn through bandwidth. Others claim customers should pay for what they use, which is exactly what they do today when they write a check to cover their growing monthly bill. Broadband pricing is not falling in the United States, it is rising — even in places where companies claim these pricing schemes are designed to save customers money. The only money saved is that not spent on network improvements companies can now delay by artificially reducing demand.

It’s having your cake and eating it too, and this is one expensive cake.

Comcast is selling broadband service for $40-50 that one research report found only costs them $8 a month to provide. That’s quite a markup, but it never seems to be enough. Now Comcast claims it is ditching its usage cap (it is not), raising usage allowances (by 50GB — four years after introducing a cap the company said it would regularly revisit), and testing a new Internet overlimit usage fee it literally stole from AT&T’s bean counters (a whopping $10 for an anti-granular 50GB).

In my life, all of the trials and experiments I have participated in have been voluntary. But the cable industry (outside of Time Warner Cable, for the moment) has a garlic-to-a-vampire reaction to the concept of “opting out,” and customers are told they will participate and they’ll like it.  Pay for what you use! (-at our inflated prices, with a usage limit that was not there yesterday, and an overlimit fee for transgressors that is here today. Does not, under any circumstances, apply to our cable television service.)

No wonder Americans despise cable companies.

Michael Powell, former FCC chairman, is now the host and chief lobbyist for the National Cable & Telecommunications Association's Cable Show in Boston. (Photo courtesy: NCTA)

For some reason, Chairman Genachowski cannot absorb the pocket-picking-potential usage billing offers an industry that is insatiable for enormous profits and faces little competition.

Should consumers be allowed to pay for broadband in different ways?  Sure. Must they be compelled into usage pricing schemes they want no part of? No, but that’s too far into the tall grass for the guy overseeing the FCC and the market players to demand.

Of course, we’ve been here and done this all before.

America’s dinosaur phone companies have been grappling with the mysterious concept of ‘flat-rate envy’ for more than 100 years, and they made billions from delivering it. While the propaganda department at the NCTA conflates broadband usage with water, gas, and electricity, they always avoid comparing broadband with its closest technological relative: the telephone. It gets hard to argue broadband is a precious, limited resource when your local phone company is pelting you with offers for unlimited local and long distance calling plans. Thankfully, a nuclear power plant or “clean coal” isn’t required to generate a high-powered dial tone and telephone call tsunamis are rarely a problem for companies that upgraded networks long ago to keep up with demand. Long distance rates went down and have now become as rare as a rotary dial phone.

In the 20th century, landline telephone companies grappled with how to price their service to consumers.  Businesses paid “tariff” rates which typically amount to 7-10 cents per minute for phone calls. But residential customers, particularly those outside of the largest cities, were offered the opportunity to choose flat-rate local calling service. Customers were also offered measured rate services that either charged a flat rate per call or offered one or two tiers of calling allowances, above which consumers paid for each additional local call.

Consumers given the choice overwhelmingly picked flat-rate service, even in cases where their calling patterns proved they would save money with a measured rate plan.

"All you can eat" pricing is increasingly common with phone service, the closest cousin to broadband.

The concept baffled the economic intelligentsia who wondered why consumers would purposefully pay more for a service than they had to. A series of studies were commissioned to explore the psychology of flat-rate pricing, and the results were consistent: customers wanted the peace of mind a predictable price for service would deliver, and did not want to think twice about using a service out of fear it would increase their monthly bill.

In most cases, flat rate service has delivered a gold mine of profits for companies that offer it. It makes billing simple and delivers consistent financial results. But there occasionally comes a time when the economics of flat-rate service increasingly does not make sense to the company or its shareholders. That typically happens when the costs to provide the service are increasing and the ability to raise flat rates to a new price point is constrained. Neither has been true in any respect for the cable broadband business, where costs to provide the service continue to decline on a per-customer basis and rates have continued to increase for consumers. The other warning sign is when economic projections show an even greater amount of revenue and profits can be earned by measuring and monetizing a service experiencing high growth in usage. Why leave money on the table, Wall Street asks.

That leaves us with companies that used to make plenty of profit charging $50 a month for flat rate broadband, now under pressure to still charge $50, but impose usage limits that reduce costs and set the stage for rapacious profit-taking when customers blow through their usage caps. It also delivers a useful fringe benefit by keeping high bandwidth content companies from entering the marketplace, as consumers fret about their impact on monthly usage allowances. Nothing eats a usage allowance like online video. Limit it and companies can also limit cable-TV cord-cutting.

Fabian Herweg and Konrad Mierendorff at the Department of Economics at the University of Zurich found the economics of flat rate pricing still work well for providers and customers, who clearly prefer unlimited-use pricing:

We developed a model of firm pricing and consumer choice, where consumers are loss averse and uncertain about their own future demand. We showed that loss-averse consumers are biased in favor of flat-rate contracts: a loss-averse consumer may prefer a flat-rate contract to a measured tariff before learning his preferences even though the expected consumption would be cheaper with the measured tariff than with the flat rate. Moreover, the optimal pricing strategy of a monopolistic supplier when consumers are loss averse is analyzed. The optimal two-part tariff is a flat-rate contract if marginal costs are low and if consumers value sufficiently the insurance provided by the flat-rate contract. A flat-rate contract insures a loss-averse consumer against fluctuations in his billing amounts and this insurance is particularly valuable when loss aversion is intense or demand is highly uncertain.

Applied to broadband, Herweg and Mierendorff’s conclusions fit almost perfectly:

  1. Consumers often do not understand the measurement units of broadband usage and do not want to learn them (gigabytes, megabytes, etc.)
  2. Consumers cannot predict a consistent level of usage demand, leading to disturbing wild fluctuations in billing under usage-based pricing;
  3. The peace of mind, or “insurance” factor, gives consumers an expected stable bill for service, which they prefer over unstable usage fees, even if lower than flat rate;
  4. Flat rate works in an industry with stable or declining marginal costs. Incremental technology upgrades and falling broadband delivery costs offer the cable industry exceptional profits even at flat-rate prices.

Time Warner Cable (for now) is proposing usage-based pricing as an option, while leaving flat rate broadband a choice on the service menu. But will it last?

Time Warner Cable (so far) is the only cable operator in the country that has announced a usage-based pricing experiment that it claims is completely optional, and will not impact on the broadband rates of current flat rate customers. If this remains the case, the cable operator will have taken the first step to successfully duplicate the pricing model of traditional phone company calling plans, offering price-sensitive light users a measured usage plan and risk-averse customers a flat-rate plan. The unfortunate pressure and temptation to eliminate the flat rate pricing plan remains, however. Company CEO Glenn Britt routinely talks of favoring usage-based pricing and Wall Street continues to pressure the company to exclusively adopt those metered plans to increase profits.

Other cable operators compel customers to adopt both speed and usage-based plans, which often require a customer to either ration usage to avoid an overlimit fee or compel an expensive service upgrade for a more generous allowance.  The result is customers are stuck with plans they do not want that deliver little or no savings and often cost much more.

Why wouldn’t a company sell you a plan you want? Either because they cannot afford to or because they can make a lot more selling you something else. Guess which is true here?

Broadband threatens to not be an American success story if current industry plans to further monetize usage come to fruition. The United States is already falling behind in global broadband rankings. In fact, the countries that lived under congestion and capacity-induced usage limits in the last decade are rapidly moving to discard them altogether, even as providers in this country seek to adopt them. That is an ominous sign that destroys this country’s lead role in online innovation. How will consumers react to tele-medicine, education, and entertainment services of the future that will eat away at your usage allowance?

Even worse, with no evidence of a broadband capacity problem in the United States, Mr. Genachowski’s apparent ignorance of the anti-competitive duopoly’s influence on pricing power is frankly disturbing. Why innovate prices down in a market where most Americans have just one or two choices for service? Economic theory tells us that in the absence of regulatory oversight or additional competition, prices have nowhere to go but up.

To believe otherwise is to consider your local cable operator the guardian angel of your wallet, and just about every American with a cable bill knows that is about as real as the tooth fairy.

CenturyLink Seeks Right to Delay Repair of Your Landline Service (No Credits, Either)

CenturyLink wants to repeal a 1993 Idaho rule that requires phone companies to repair service outages within 24 hours or provide one month of service for customers at no charge.

The phone company is lobbying the state Public Utilities Commission to be exempted from the rule that its predecessor Qwest/US West lived under for nearly 20 years. (CenturyLink acquired Qwest.)

CenturyLink says consumers no longer need their phone lines repaired in such a short time, and the company says the rule in hurting their business.

A "temporary" phone cable installed along the top of a wire fence.

“Today, a substantial majority of basic local service customers are not cut off from communication and are not out-of-service in the event their wireline telephone is not working,” the company argued.

Besides, CenturyLink claims, wireless providers are not subject to the same rule, giving them an unfair competitive advantage.

CenturyLink already has a repair exemption for customers who experience service outages due to a natural disaster, during the weekend, or one caused by the customer’s own actions. But now the company wants more, telling the commission most people will simply switch to cell phones while their landline remains out of service.

Despite the apparent contradiction that delivering reduced service is better for consumers, the PUC has been negotiating a compromise, offering to eliminate the service credit requirement and extend the window for repairs to 48 hours.

Before they do, they might want to review CenturyLink’s performance in Arizona, where the company has been caught installing repaired phone lines in pavement cracks and atop public roadways.

The PUC staff questioned claims made by both CenturyLink and Frontier Communications, another phone company that supports the repeal of the repair rules.

“CenturyLink argues that a large percentage of customers now have access to wireless and broadband voice services,” the staff report says. “For CenturyLink’s legacy Qwest customers located in urban areas, this may be true. It may not be true for customers in the very rual parts of CenturyLink’s service territory. When wireline service fails, few, if any, alternative communication services are available in some rural areas.”

The PUC staff also argued the impact on small business in Idaho could be significant. Small businesses still rely overwhelmingly on traditional landline services to conduct business and process credit card payments. Prolonged outages could create significant economic harm for affected customers.

The commission is taking comments on the proposed settlement of Case # CEN-T-12-01 through May 31.

Nine Upstate NY Mayors Accuse Verizon of Avoiding Urban Poor In Fiber Upgrades

Verizon has a moratorium on further expansion of its fiber to the home service except in areas where it has existing agreements to deliver service.

Virtually every mayor in the urban centers of upstate New York is accusing Verizon Communications of redlining poor and minority communities when deciding where to provide its fiber-to-the-home service FiOS.

Now they are telling the Federal Communications Commission and Department of Justice to become more closely involved in reviewing a proposed anti-competitive marketing partnership between the phone company and some of the nation’s largest cable operators.

The mayors are upset that Verizon has chosen to target its limited FiOS network primarily on affluent suburbs surrounding upstate New York city centers.

“Verizon has not built its all-fiber FiOS network in any of our densely-populated cities. Not in Albany, Buffalo, Syracuse, Binghamton, Kingston, Elmira or Troy,” the mayors say. “Yet, Verizon has expanded its FiOS network to the suburbs ringing Buffalo, Albany, Troy, and Syracuse, as well as many places in the Hudson Valley, and most of downstate New York. As a result, the residents and businesses in our cities are disadvantaged relative to their more affluent suburban neighbors who have access to Verizon’s FiOS, providing competitive choice in high-speed broadband and video services.”

The mayors fear the reduced competition that will come from the marketing partnership between the phone and cable industry will eliminate any pressure on Verizon to expand its fiber optic network into more New York cities. The agreement allows Verizon Wireless customers to received significant bundled discounts when they sign up for cell phone service and a cable package from Comcast, Time Warner Cable, Cox, or Bright House Networks. No corresponding discount is available to a Verizon Wireless customer choosing to bundle Verizon FiOS, putting the fiber service at a competitive disadvantage.

“These commercial agreements appear to eliminate any incentive that Verizon might have had to expand its all-fiber network to our high-density urban centers,” the mayors say. “After all, Verizon Wireless, a subsidiary of Verizon Communications, will now be able to sell Time Warner’s video and broadband service as part of their bundled package in our communities.”

That leaves most with Verizon’s DSL service, a product Verizon has been marketing less and less to its customers. The company recently announced it would no longer sell standalone DSL broadband, another point of contention for the mayors.

The mayors are concerned that Verizon’s deteriorating landline network will have profound implications for city centers, where tele-medicine, education, business, and entertainment services will all be left lacking if the fiber network is not extended.

“As you are well aware, high-speed broadband is critical to economic development and job creation, as well as improvements in health care, education, public safety, and civic discourse which is so essential to communal life,” say the mayors. “The economic health of our cities and our upstate region depends upon access to the same first-rate communications infrastructure available to the New York City metropolitan region and the suburban communities that ring our cities.”

The nine mayors are also questioning whether Verizon executives misled them when they claimed Verizon’s strong financial performance would allow the company to reinvest profits into further expansion of its FiOS network. Verizon executives have since admitted the company is indefinitely finished with FiOS expansion, except in areas where it already committed to build the fiber network.

Signing the letter were:

  • Byron W. Brown – Mayor, City of Buffalo
  • Stephanie A. Miner – Mayor, City of Syracuse
  • Gerald D. Jennings – Mayor, City of Albany
  • Matthew T. Ryan – Mayor, City of Binghamton
  • Shayne R. Gallo – Mayor, City of Kingston
  • Susan Skidmore – Mayor, City of Elmira
  • Brian Tobin – Mayor, City of Cortland
  • Robert Palmieri – Mayor, City of Utica
  • Lou Rosamilla – Mayor, City of Troy

(The city of Rochester is served by Frontier Communications, which has no plans to deliver a fiber to the home network within its local service area.)

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