Gary McCallum, a Shaw customer in Edmonton, Alberta, has received word his broadband service is about to get more expensive — a lot more expensive.

“Holy crap, it’s like text messaging [bill shock] all over again when your broadband bill arrives and you are now looking at hundreds of dollars instead of the $40 or $50 you used to pay,” McCallum told CTV News.

McCallum, and other designated “heavy users,” are receiving letters in the mail from Shaw notifying them they have been exceeding the company’s declining usage limits imposed on its broadband service.  If they exceed the limits again, they may be subject to penalty fees of as much as $2 per gigabyte.

“I’m upset about the backdoor tactics,” McCallum complains.  “They keep it secret and then lambaste you later.”

Most Shaw customers will be forced to confine their usage to 60GB per month, the limit on the company’s most popular broadband plan.  If they don’t, after some warning, they’ll pay a stiff fine.  Just 20GB of overlimit usage will more than double the average customer’s broadband bill, currently around $37 a month.

A house full of teenagers watching Netflix or downloading files could cost far more than that.

Company officials deny the potential revenue bonanza is unjustified.

Customers who use more will pay more, admits Terry Medd, vice-president of operations for Shaw Communications in Calgary.

“It’s video over the Internet that’s driving a lot of this cost,” he said. However, most Shaw Internet customers won’t hit their caps, Medd claims, suggesting it should affect fewer than 10 per cent of customers.

“The average user consumed about one-third of what the cap is. In other words, we’ve set the caps at three times the average usage. For the average user, there’s no concern here,” Medd said.

However, Shaw recently reduced their usage caps on virtually all of their Internet plans, making it more likely customers will be snagged by overlimit fees.

Some customers want to know what they will get if they use far less than their plan allowance.

Don McGregor believes Shaw’s plan to charge Internet users for the data they use is fair and equitable, so long as those who use less than the allowance get a break on their bills.

“Shaw should plan on refunding fees for any use of data below the contracted amount,” the Edmonton resident wrote in a letter to the editor published in the Edmonton Journal.  “Since 90 per cent of Shaw’s subscribers use less than the full GB capacity they pay for, I am sure these subscribers’ refund cheques are in the mail.”

Don, like other Canadians, is about to learn Internet Overcharging is never about fairness or saving customers money.  It’s about charging customers more for the same service they used to receive for less, without any improvements.  ISPs will not provide true “usage pricing” for consumers because it would slash revenue from their broadband service.

But western Canadians need not be victims of Shaw’s overcharging.  Telus, which sells landline-based DSL service in British Columbia and Alberta says it has upgraded its facilities to accommodate usage demands and won’t expose customers to overlimit fee bill shock.

Telus offers a way out of Shaw's Money Party hangover

Although Telus’ website does show usage limits, company officials claim they are rarely enforced, and not at the subscriber’s expense.

Telus could make a significant dent in Shaw’s customer base by dropping them altogether, which will save the phone company from these kinds of  silly legal gymnastics in their FAQ:

Why do you call your service unlimited, when my monthly usage is limited?
We refer to TELUS High Speed as being unlimited because you get unlimited hours of monthly access.

If you do not want to play Shaw’s Internet Overcharging game, perhaps spending time with a new Xbox 360 would be better?  Telus is giving them away to qualified new customers signing up for service.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Edmonton Shaw Internet Overcharging 1-7-11.flv[/flv]

CTV News in Edmonton informs Alberta’s Shaw customers their broadband service could get a lot more expensive.  (2 minutes)

Shaw sets the bar lower.

Shaw Cable, western Canada’s largest cable company, has quietly lowered usage caps on virtually all of their broadband plans, while “forgetting” to change the date on their Terms of Service:

• Lite was 13GB, now increased to 15GB ($2/GB overages)
• High Speed was 75GB, now decreased to 60GB ($2/GB overages)
• Xtreme was 125GB, now decreased to 100GB ($1/GB overages)
• Warp was 250GB, now decreased to 175GB ($1/GB overages)
• Nitro was 500GB, now decreased to 350GB ($1/GB overages)

Shaw’s terms of service page documents changes implemented by the cable company and includes the revision date, changed whenever the terms change.  Not this time.  Blogger “Thewunderbar” documented Shaw left the revision date on the document unchanged, suggesting the cable company hadn’t made any adjustments to their service since July, 2010.  After publishing his piece, Shaw quietly updated their website to reflect the correct date.

Cable and phone companies in Canada have established a unique, unchecked duopoly.  They are systematically increasing prices while decreasing the amount of service provided to Canadian consumers.  Shaw’s decrease in usage limits comes with no corresponding price cut for Internet service.

At a time when Netflix streaming is attempting to make inroads into Canadian homes, broadband providers who also have interests in pay television (cable, phone or satellite) are working overtime to make sure no consumer believes they can safely cancel their cable-TV service and watch everything online.

Over the past four years, Canadian ISPs have embarked on a wide range of Internet Overcharging schemes:

• The elimination of flat rate, unlimited broadband service;
• The introduction of low usage allowances designed to trip up an increasing number of consumers leading to,
• The introduction of stinging overlimit fees for customers exceeding usage limits, at prices marked up from 500-5000 percent above wholesale;
• The introduction of speed throttles which artificially slow your broadband experience to speeds sometimes just above dial-up;
• The ongoing limbo dance of usage caps that decrease in size over time, exposing more consumers to overlimit fees, making them think twice about everything they do online.

Nobody has successfully monetized the broadband experience like Canadian ISPs have.  Even as their costs to deliver the service continue to rocket downwards, companies keep on increasing prices, exposing Canadian consumers to unwarranted bill shock from unjustified overlimit fees.  What does it cost Shaw per gigabyte?  An estimated 1-3 cents.  What do they charge you?  Up to $2.

It’s nothing short of a rip-off, and Stop the Cap! urges Canadian consumers to contact their member of Parliament and demand immediate action to ban these innovation-killing, job-retarding, unjustified overcharging schemes.

The Canadian Radio-television and Telecommunications Commission

Thanks to quick work from the Canadian Radio-television and Telecommunications Commission (CRTC), Canadian broadband providers have wasted no time announcing new usage limits and penalties for those who exceed them.

The principal culprit for the Internet Overcharging: Bell (Canada), the nation’s largest telecommunications company.

Bell’s newly won right to charge wholesale customers usage-based billing rates has caused a collective groan from independent providers from Vancouver to Charlottetown. Primus, the second-largest alternative communications company in Canada, threw up its hands and announced it was going to pass Bell’s costs along to their customers.  Some other providers have already raised rates, shocking customers who received December bills with $100 in overlimit penalties.

“It’s an economic disincentive for Internet use,” said Matt Stein, vice-president of network services for Primus. “It’s not meant to recover costs. In fact these charges that Bell has levied are many, many, many times what it costs to actually deliver it.”

That is a hallmark example of what happens under Internet Overcharging schemes like “usage-based pricing,” usage caps, or other limited use plans.  Customers don’t pay for their actual broadband use — they overpay, especially when stiff penalties are imposed when they exceed their usage allowance.

“Canada’s broadband market is a racket, period,” says our reader Andy, who lives near Petawawa, in northern Ontario.  “If you are in a major city in the south, you can choose Bell or one of their lackeys or the cable company, which almost always means Shaw or Rogers in English-speaking Canada.”

Andy doesn’t have access to cable, so his broadband comes courtesy of DSL from the phone company.  He counts himself lucky he has that, even though it only delivers around 512kbps and is down at least once a week, especially when the weather is bad.  Other communities have no broadband at all, and some areas are so desperate for access, they have provided financial incentives to attract a provider to town.  It rarely succeeds.  Zeropaid reports a handful on unscrupulous would-be providers have taken the incentives and left town with no broadband service to show for it.

“These guys only want the easy customers and they’ve got them in Toronto or Ottawa,” Andy says. “The rest of us can live with dial-up.”

The Canadian government occasionally launches highly publicized demonstration projects to deliver rural broadband in northern Canada, often over wireless, something Andy scoffs at.

“When the TV cameras are shut off and [Prime Minister] Stephen Harper’s political bandwagon goes home, the networks last for about a month until something goes wrong and the whole thing shuts down, sometimes for weeks before someone repairs it,” Andy says.

There oughta be a law.

Katz

In fact Canada, a country with a reputation for keeping a regulatory eye on essential services, has an agency that is supposed to protect consumers and monitor telecommunications services. Unfortunately for Canadians, it was that agency that gave Bell the go-ahead to kill unlimited, flat rate broadband — the service that has kept most independent service providers in business.

Critics charge the Commission has been acting more like a Big Telecom industry trade group than an independent oversight body, and many independent providers openly wonder how long they’ll survive with Bell’s predatory pricing.

Reviewing who serves on the Commission may provide some answers about why they seem to be closely aligned with Canada’s largest telecom companies.  Many of the commissioners used to work for the very companies they are now asked to regulate, and some are likely to return to them after their stint at the CRTC.  The agency’s supposedly independent commissioners know if they want future employment in the telecommunications industry, it’s best not to antagonize your next boss.

Take Commissioner Leonard Katz.  He joined the CRTC in 2005 and was appointed vice chairman of telecommunications in 2007.  For 30 years before joining the Commission, Katz was employed by Canada’s largest telecom firm, moving up through Bell’s management ranks from 1974-1985.  His last big job at Bell was as the assistant director of Bell’s regulatory lobbying department, where he spent his energy and time dealing with federal politicians and the CRTC.  Katz also loves Canada’s wireless industry, dominated by Rogers Communications.  He was founder and chairman of the Cellular Telecommunications Industry Association Clearinghouse for wireless carriers.

Arpin

Or there was Michel Arpin, a consummate former insider at some of Canada’s largest corporately-owned broadcast station groups like Astral Broadcasting, Mutual Broadcasting, and Radiomutuel.  He also had a side relationship with Telus, a western Canadian telecom company that also belongs to the Canadian Association of Broadcasters (CAB).  Arpin served CAB as vice-chair and chair. Arpin, the corporate media man, also served as the vice-chairman of the CRTC’s broadcast division until late last year.

Other examples:

• Rita Cugini — A regional commissioner for the province of Ontario, her professional background has been working for some of the province’s biggest media interests, including Alliance Atlantis, Telelatino, and CFMT/OMNI.  She also is integrally involved with the Canadian Association of Broadcasters, which bends the ears of regulators regularly on a variety of matters;
• Tim Denton — About as close to the broadband industry as you can get, Denton’s role as a commissioner began in 2008, but his money was made working for the broadband industry, including the Canadian Association of Internet Providers, which lobbies for big broadband provider interests.
• Candice Molnar — Serves today as regional commissioner for Manitoba and Saskatchewan, but she knows most of the prairie provinces’ movers and shakers by name, having spent more than 20 years at SaskTel, Saskatchewan’s biggest phone company.  She helped guide SaskTel from provincial to federal regulation when she worked there and her voting record shows her heart is still with her former employer.

Cugini

With a Commission stacked against ordinary Canadian consumers, it’s no wonder Internet Overcharging schemes and stifled broadband competition rule the day in Canada.

“Rural Canada always pays the biggest price,” says Andy.  “If it didn’t happen in Toronto or Ottawa, it didn’t happen at all.”

Andy complains Canadian broadband will never improve with Internet Overcharging schemes in place.

“They complain about your usage and say if they can restrict it, they can improve service to more people; well, where is my better service?” Andy asks.

“At least I don’t have to worry about their usage allowances… yet,” Andy says. “Even if I left my connection running continuously, at these speeds I doubt I could do much damage.”

The Public Interest Advocacy Centre just released a report that found deregulation in Canada's telecommunications marketplace delivered most of the benefits to providers, leaving consumers holding the higher bill.

Four years after Canada deregulated its telecommunications industry with the promise it would bring competition, better service and lower prices, Canadian consumers are instead paying too much for broadband service that delivers too little.

That is the conclusion of a new report from the Public Interest Advocacy Centre, a non-profit consumer protection organization that compared provider promises with the bills ordinary Canadians ultimately pay for their Internet service.

Michael Janigan, the report’s author told CBC News that deregulation has brought “super-normal” profits for Bell, Telus and Rogers — among Canada’s largest telecom companies — while those same providers continue to increase prices and, in some cases, reduce the amount of broadband usage customers can access before overlimit fees kick in.

“We still have three big players with over 90 per cent of the market, and they’re pretty fat and happy,” Janigan said in an interview with CBC News. “We’re still seeing the incredible clout of the big telcos in relation to their ability to swing competition in their favor.”

Bell, Canada’s largest telecom company, stands to gain even more power over the broadband marketplace with a ruling from Canada’s telecommunications authority that has direct implications for Canada’s independent service provider market.  Most third party providers obtain their Internet connectivity from Bell at wholesale pricing.  Thanks to a now-approved-request from Bell to charge wholesale customers usage-based pricing, providers are now forced to pass along those artificially high prices to Canadian consumers.

“The days of unlimited Internet service are about to become extinct in Canada,” says Stop the Cap! reader Giles in Trois-Rivières, Quebec.  “How surprised can you be that the company that sells access to competitors has managed to find a way to price that competition out of business.”

For one such competitor, Primus, the effect of Bell’s usage-based pricing will have an immediate impact on their customers’ monthly bills.

The company is now notifying customers that effective Feb. 1, the unlimited service plans that appealed to those opposed to usage-limited broadband will be now limited to just 25GB of usage per month.  Primus directly implicated both Bell and the the Canadian Radio-television and Telecommunications Commission (CRTC) for the pricing changes.

Those who exceed the limit face overlimit fees of $2.00 per gigabyte, up to a maximum of $60 per month.

Here today, gone tomorrow: Primus is discontinuing its unlimited use services. Effective Feb. 1, overlimit fees of $2/GB kick in after just 25GB of usage.

Those limits could put Primus at a competitive disadvantage with larger providers delivering lower cost plans with higher usage allowances.

“Why would you still be a Primus customer after this,” asks Giles.

Primus will not be alone among third party DSL service providers — almost all will be forced to adopt similar pricing.  The result? More expensive service for Canadian broadband customers, and major troubles for third party competitors whose new pricing could turn customers away.

The price increase is a direct result of a recent decision by the Canadian Radio-television and Telecommunications Commission (CRTC) to approve Bell Canada’s request to introduce Usage Based Billing on wholesale Internet services. Over the last four years, critics charge the CRTC with abandoning its watchdog role to protect Canadian consumers from unfair and uncompetitive practices and kowtowing to the interests of large telecom companies.

“In 2006 and 2007, the government stepped in to tell the CRTC to deregulate as a priority and to deregulate local telephone service faster promising better deals for consumers. As a our report notes, this did not happen despite all the hype”, said Janigan, author of the report, Waiting for the Dream, The Consumer Brief for Telecom Reform 2010.

In fact, the report concludes that Canada’s performance in telecommunications services such as broadband and wireless has been less than impressive, and the results for customers of cable and satellite services from deregulation of basic service has been the opposite of what should be expected in competitive markets.

“It is one thing to try a course of action that doesn’t work out: it is another to ignore the results and simply try more of the same,” said Janigan. “It doesn’t now make sense to have a government Policy Direction in place that hampers both competition and consumer protection”:

This report concludes that the failure of the regulatory reform of the last two decades to deliver the goods for ordinary residential consumers is not one that has its roots in theory, but in practice. Here, the interests of powerful stakeholders have affected the service landscape. In the same way that incumbent players used their political and economic influence and regulatory capture to get their way in the monopoly era of regulation, the winners have used the market- based system to their advantage. Neither regulation nor deregulation will engineer a thriving telecommunications industry producing innovative and efficient products and services with resultant economic growth for Canada if the decision making processes for each are skewed by conditions and assumptions that favour some stakeholders over others.

Most importantly, the governance and regulation of the telecommunications industry in Canada must respond to results. For the most part, the restructuring of telecommunications has been guided by untested economic theories, largely provided by experts engaged by the largest stakeholders. The relatively poor performance of telecommunications service for ordinary consumers should have long ago engendered a review of the  regulatory framework and market structure that is producing the same. In the last five years, the only acknowledged measure of success has been how fast telecommunications services have been deregulated with predictable market results.

The solution is not a return to old regulation but new models. First of all, there are a variety of consumer issues associated with basic rights for information, quality of service, security of service, disconnections, privacy etc. that should be met by all carriers whether they are incumbent or not. Basic service, obligations to serve, complaints resolution, and burdens of service in uneconomic areas have to be in place for all across the board. The best way to ensure that this occurs is for mandatory licensing for all carriers, with appropriate codes of conduct and enforcement with meaningful force in the form of administrative monetary penalties. The Telecommunications Act should be amended to reflect these improvements.

Interconnection with essential telecommunications facilities should be available for competitors at rates that are fair to users and suppliers. We cannot let abstruse theories supposing innovation and duplication in the absence of access to govern this important issue.

Ontario residents enjoy less than half a serving of broadband their neighbors in Quebec enjoy from Bell, for less money

Residents of Quebec enjoy more than double the broadband usage allowance Bell provides its Ontario customers, showing once again h0w arbitrary Internet Overcharging schemes are for consumers in North America.

Broadband Reports reader Ironsight200 ponders why customers in Quebec enjoy substantially less abuse from the skimpy usage allowances Bell imposes on its customers.

The prices charged differ as well, with Quebec residents also getting an out-the-door lower monthly price because Bell does not impose charges on the modem Ontario customers rent for $3.95/month — $6.95 a month with the Fibe 25 service.

Let’s take a look (and don’t worry Ontario readers, Bell promises you can still look at least 624,999 additional web pages this month without incurring overlimit fees):

Quebec users get more than double the usage allowance of...

...their neighbors in Ontario.

Pricing for Bell broadband service at the bundled price:

*- includes $3.95 modem rental fee. ^- includes $6.95 modem rental fee.