Pentefountas

Stop the Cap! is following this week’s extensive hearings into Internet Overcharging in Canada by the Canadian Radio-television and Telecommunications Commission (CRTC).  The debate into Bell’s attempt to mandate usage-based billing for -every- provider in Canada, regardless of whether they are owned or operated by Bell, reached a new level of absurdity this morning when a Conservative appointee to the CRTC, Tom Pentefountas — the vice-chairman of the commission — asked this question to an astonished panel headed by Openmedia.ca, a consumer group fighting usage-based billing:

“What is so undemocratic about allowing a few companies to control the Internet?”

Pentefountas was openly hostile at times against Openmedia, questioning their membership, their funding, and whether they had a “self-interest” in the fight.  They do — consumers, a concept that evidently escapes the very Big Telecom-friendly new commissioner, appointed by the government of Stephen Harper.

Yesterday, much of the hearing was focused on Bell’s defense of UBB, and we noted Mirko Bibic’s increasing discomfort as the Bell lobbyist came under increasing scrutiny and hard questioning that he never experienced during earlier hearings (those that led to the CRTC’s approval of UBB).  Now that the public (and higher government officials) are watching and listening, what used to be a non-confrontational experience is today sounding increasingly skeptical of the arguments for UBB by many commissioners.

We’ll have audio archives of the hearings available here when they are published online.  They help build the record of carrier arguments for UBB, independent findings which call out those arguments, and the opposition to UBB and why flat rate broadband is important to the knowledge-based economy of North America.

There will be hurdles to overcome, starting with confronting the attitudes of commissioners like Mr. Pentefountas, who evidently does not understand the implications of a few corporate entities controlling Canada’s Internet.

Follow live coverage of the CRTC hearings here.

The Canadian Radio-television Telecommunications Commission is investigating Canadian ISP practices all week in a series of public hearings.

The Canadian Radio-television and Telecommunications Commission (CRTC) opened the first day of hearings on the practice of usage-based billing for Internet usage, advocated by the country’s largest wholesale provider of Internet bandwidth, Bell Canada.

These hearings are a follow-up to earlier ones that ultimately allowed Bell to mandate usage billing not only for its own customers, but for all independent ISPs that purchase bandwidth from the company.  Since the vast majority of independent providers purchase bandwidth from Bell, the CRTC ruling would have mandated the end of “unlimited use” Internet plans across the country.

Nearly a half-million Canadians disagreed with the CRTC ruling and created a political firestorm earlier this year, demanding that the government step in and overturn the CRTC ruling.  Bell temporarily withdrew the usage based billing mandate pending the outcome of hearings expected to run from today until early next week.

Appearing at today’s hearing, executives from Bell continued to defend usage-based pricing and plan pricing that forces consumers to guess at how much Internet usage they will need each month.

In more aggressive questioning than earlier hearings, CRTC chairman Konrad von Finckenstein questioned Internet pricing plans that do not “rollover” or rebate consumers for unused usage, but still penalizes customers for going over their plan limits.

von Finckenstein also questioned Bell’s pricing for independent ISPs, particularly penalty rates ISPs who underestimate their wholesale usage needs would face under Bell’s advocated pricing model.  The chairman seemed suspicious of the fact Bell does not charge its own ISP unit penalty rates, only independent providers.

The hearing will also explore why companies like Bell can deliver “unlimited viewing” on their Fibe TV IPTV service, but cannot deliver unlimited Internet access to end users.

Interested in following the hearings live? Visit the CRTC live stream hearing page.

[Updated 10:20am ET: Bell Canada executives just admitted in this morning’s hearings its Internet Overcharging scheme involving usage pricing many times higher than the actual cost of provisioning the service was driven by “competition” and not by “congestion” issues.  In other words, Canadian consumers are paying very high Internet pricing and overlimit fees because of the pervasive lack of competition, not because companies need the extra money to “upgrade their networks.”]

Toronto

Except for South Korea, nobody uses the Internet more than Canadians.  That’s an important finding in a new report produced for Canada’s telecommunications regulator to better understand the current state of the broadband market in the country.

According to recent reports from the Organization for Economic Cooperation and Development, the country generates 2,288 terabytes of data traffic per month per 100,000 residents.  That’s among the highest in the world and comes from avid web browsing, watching online video, and a love affair with smartphones.

But like many relationships, this one is also expensive.  You pay all of the money you have to spare, and your provider delivers you just enough of a usage fix to keep you from running to Ottawa to demand change.

Canadian broadband pricing is in the top third of all OECD-measured nations, with the average price for High Speed Internet running $55.18.  The average median price across all OECD members runs a lot less — $39.23 per month.  If you want to pay less, you have to bundle your landline, cell phone, television, and Internet service with the same provider, or make due with a slow speed “lite user” plan, where average pricing had been running lower until this year.

The average monthly price of the Level 1 basket increased to roughly $35 in 2011, up considerably from $31 the previous year.

Similarly, average monthly price of the Level 2 basket increased this year as well to roughly $50, up from $48 last year.  The average advertized download speed of the services included in the Level 2 basket is close to 6.5 Mbps, which is similar to the average speed in last year’s study.

The average monthly price of the Level 3 basket also increased slightly to $63, but still remains well below the 2008 price of $69 per month.  The average advertized download speed of the services included in the Level 3 basket is roughly 14 Mbps, which is slightly higher than in last year’s study (where the average speed was 12.5 Mbps).

Lastly, the average price of the new Level 4 broadband service basket is roughly $78 per month.  The advertized download speeds for the Level 4 broadband services included in the study range from 25 to 50 Mbps – the average is close to 30 Mbps.

Roughly half of the Canadian broadband service plans surveyed for this study included monthly usage caps.  For those that do, they range from 1 to 13 GB on the Level 1 service basket – the average is 7 GB per month.  The range for the Level 2 service basket is from 25 to 75 GB – the average is 55 GB per month.  The range for the Level 3 service basket is from 75 to 125 GB – the average is just over 90 GB per month.  There has been little change in these monthly usage caps, on average, compared to last year.

In the case of the new Level 4 broadband service basket, for those service providers applying data usage caps, the caps range from 75 to 250 GB per month – the average was close to 140 GB per month.

The Canadian pricing and usage study was developed by Wall Communications for the Canadian Radio-television and Telecommunications Commission.  The best news for Canada?  Your broadband pricing remains relatively stable, with some package pricing reducing the cost of the broadband component.  Standalone service appears to have increased in price only slightly in many markets.  Increased foreign investment in the wireless marketplace is shaking up wireless pricing, as the hegemony of Bell, Telus, Rogers, and Quebecor are under increasing competitive pressure.  It’s a much sunnier outlook than what is taking place in the country to your south.

For Americans, pricing is headed in only one direction: up.

All charts courtesy of Wall Communications, Inc.

The Competition Bureau has fined Bell Canada $10 million for what it calls the phone company’s misleading pricing for its wireless, broadband, phone, and satellite TV services.  The agency accused Bell of advertising one price for service, but charged customers considerably more after hidden fees were tacked on.  That made it impossible for any customer to actually purchase Bell’s services at their advertised prices.

The fine, the maximum amount that can be levied, was designed to send a message, according to Commissioner Melanie Aitken.

“When a price is offered to consumers, it must be accurate,” Aitken said. “Including a fine-print disclaimer is no license to advertise prices that are not available.”

Since December 2007, Bell routinely advertised product bundles that it claimed were priced at less than $70 a month, but after the hidden fees were calculated, Canadian consumers routinely paid north of $80.

Aitken

Aitken took issue with rental fees for equipment, term contract escape penalties, mandatory “add-ons” that were not included in the advertised price, and hidden “junk fees” designed to look like government-mandated taxes.  They all routinely add at least $10 to most telecommunications bills, even before actual government fees are calculated.

Bell protested the Bureau’s findings, but quickly agreed to pay the fine, modify its advertising, and cover the $100,000 estimated cost of the agency’s investigation.

The Competition Bureau has become a thorn in the side of many major corporate entities in Canada after winning new powers in 2009 to protect consumer interests.  The agency is currently pursuing a $10 million fine against Rogers Communications for “hit piece” advertising misleading consumers about Rogers’ wireless rivals — especially Wind Mobile.

But Rogers is not going quietly as Bell has done, vowing to drag the matter through the courts to void any fines or penalties.

Aitken promises she isn’t necessarily done with telecommunications companies, suggesting any company burying extra costs in the fine print, or subjecting customers to penalty fees for canceling service might be on notice.

Telecommunications companies in Canada have traditionally opposed government agencies that champion consumer protections.  Most notably, Bell, Rogers, and Quebecor Media have all attacked the Commissioner for Complaints for Telecommunications Services, an independent agency that monitors and assists consumers with issues related to phone and cable companies.  Bell wanted the organization abolished, while Rogers and Quebecor sought to see participation in it made voluntary.

Unfortunately, consumers won’t share in the $10 million fine from Bell.  Those funds will be collected and kept by the Canadian government.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/CBC Bell fined 10M over ads 6-28-11.flv[/flv]

CBC covers Bell’s $10 million dollar fine for advertising one price for service, but sending a much higher bill with tacked on hidden fees and surcharges.  (2 minutes)