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Stop the Cap!’s First Anniversary: Protecting Consumers from Internet Overcharging Since July 31, 2008

Phillip Dampier

Phillip Dampier

Today is Stop the Cap!‘s first anniversary.  One year ago today, this website was launched with the news that Frontier Communications, the local telephone company in Rochester, New York and in dozens of mostly rural communities nationwide, had quietly changed its Acceptable Use Policy to define appropriate maximum usage of their DSL service at a measly 5GB per month.

The  boneheaded, out of touch decision was called out for what it was: a profiteering provider pilfering wallets of their broadband customers.

All the signs of a Money Party among cable and DSL providers at consumer expense were apparent last summer.  Time Warner Cable was experimenting with a consumption billing plan in Beaumont, Texas.  In Canada, rhetoric about “bit caps” was already being circulated, trying to convince Canadians that broadband service was somehow as difficult to provide there as it is in Australia and New Zealand, where such caps were already in place.

To bring limits, rationing quotas, and consumption based billing to the United States would require consumers to ignore massive profits broadband providers were harvesting quarter after quarter at existing prices.  But demands for big profits from Wall Street meant they had to come from somewhere, and for cable companies with eroding profits from their cable TV divisions, and telephone companies dealing with disconnect requests for wired telephone lines, broadband was their choice.

It seems that what was insanely profitable a decade ago, when cable modem and DSL service started to introduce Americans to broadband, would now simply be ‘piles of  cash stacked like cord wood’-profitable as traffic increased. As the broadband adoption rate increased, bandwidth costs plummeted, and several providers also proudly trumpeted their reduced investments in their networks as a hallmark of keeping “costs under control.”

Consumers began actually using their service for… broadband-specific services, at the encouragement of providers’ marketing departments, touting their “always on” connection at “blazing fast speeds” to download music, movies, play games, and more.  Network utilization increased, and providers want someone to pay for a “bandwidth crisis” that isn’t a crisis at all.  Responsible investment in network infrastructure should be a given, in recognition that at least a small portion of those growing profits must be spent on maintaining and improving service.

One year ago, I laid out what was before us:

Cable operators have been discussing implementing usage caps in several markets to control what they refer to as a “broadband crisis.” The industry has embarked on a lobbying campaign to convince Americans, with scant evidence and absolutely no independent analysis of their numbers, that the country is headed to a massive shortage in bandwidth in just a few short years, and that a tiny percentage of customers are hogging your bandwidth.

Frontier, ever the rascally competitor, has decided to one-up Time Warner’s Road Runner product by slapping on a usage cap now for DSL customers before Road Runner considers doing the same. And in a spectacularly stupid move competitively, they have implemented a draconian cap that even the cable industry wouldn’t try to implement.

Time Warner Cable “took one for the team,” according to industry-friendly Multichannel News, when it introduced a ludicrous Internet Overcharging experiment of its own announced this past April, which would have “saved” customers money by getting them to “pay for what they use.”  In fact, their plan proved my point last summer, following the same roadmap of “bandwidth crisis” to “heavy downloaders” to trying to squeeze customers for more money for upgrades they could easily have done with the enormous profits they already earn.

Their proposal would have made a deliciously profitable $50 a month Internet service now cost consumers $150 a month with absolutely zero improvement in service, speed, or performance.  But Wall Street would have been happy with the higher returns.

Some 400+ articles later, we’ve educated consumers across North America about the reality of Internet Overcharging.  Despite industry propaganda “education” efforts, astroturfing groups we’ve exposed as having direct connections with the telecommunications providers paying them to produce worthless studies, fear-mongering about Internet brownouts by equipment vendors with solutions to sell, and a hack-a-thon of formerly respectable broadband pioneers and ex-government officials who sold their credentials for a paycheck to lobby and spout industry propaganda, most consumers continue to reject overcharging for their broadband service.  Consumers instinctively know a cable company with a rate change always means a rate increase, and plans to “save people money” actually means they will “protect industry profits.”

We have achieved victory after victory in 2008-2009:

  • Fought back against Frontier’s boneheaded plan, and convinced them that DSL can compete best on price and flexibility — no usage cap has ever been enforced at Frontier, and today they are using Time Warner Cable’s blundering profiteering experiment against them in their marketing materials.  For rural Frontier customers with no other broadband provider, that’s a major relief from being stuck with one broadband option that rations their usage to ludicrously low levels.
  • Stopped Time Warner Cable’s experiment before it got off the ground in several “test cities.”  The people of Austin, San Antonio, Rochester, and the Triad region of North Carolina did Time Warner Cable customers nationwide a tremendous service in halting this experiment before it spread.  Our efforts even brought a United States Senator, Charles Schumer, to the front lawn of Time Warner Cable in Rochester to announce the nightmare was, at least for now, over.  We managed to even see an end to the overcharging of customers in Beaumont, Texas who lived through a summer, winter, and spring, overpaying for their broadband service.
  • We raised hell in the North Carolina state legislature, coming to the aid of Wilson and other communities in the state trying to get municipal broadband projects off the ground.  Communities across the state faced anti-consumer corporate protectionist legislation written by the telecommunications industry, introduced by willing elected officials who took big telecom money, and sold out their constituents.  We killed two bills, forced a sponsor of one such measure to repudiate his own bill, and gave major headaches to legislators that thought they could just cash those big checks, vote against your interests, and you’d never know.  Those days are over.
  • We helped bring legislation up in Congress to draw attention to the issue of Internet Overcharging, and have called out providers who want to use their marketing departments to lie to customers about their broadband costs and profits, while being considerably more honest with their shareholders in their quarterly financial reports.  Congressman Eric Massa’s legislation would demand companies show proof of the need to implement consumption based billing.  Indeed, as consumers find out how profitable broadband service is at today’s prices, they’ll never tolerate the profit padding providers seek with tomorrow’s caps/limits, penalties and fees, and unjustified tiers.

As you can see, Internet Overcharging is not a dead concept.  An educated consumer will recognize a swindle when they see one, and providers continue to test overcharging schemes in focus groups in different parts of the country.  They’ll use any analogy, from a buffet lunch to a toll road traveled by big trucks and little cars.  They’re looking for anything they can find to sucker you into believing paying more for your broadband service is fair.

Broadband service must be fast, affordable, and competitive.  In too many communities in Canada and the United States, a monopoly or duopoly marketplace has guaranteed none of those things.  In our second year, we must remain vigilant in our core mission to fight Internet Overcharging, but we also need to fight for more competition, regulation where competition does not exist, oversight over providers, and support for projects that will enhance broadband and make it more affordable than ever.  With your help, we can stand toe to toe with any provider, because the facts are on our side, not theirs, when it comes to Internet Overcharging schemes.

Welcome to Year Two!

Shaw Cable Launches Price War in Vancouver – $9.95/Month Sparks Complaint from Competitor Novus

Paul-Andre Dechêne July 28, 2009 Canada, Competition, Novus, Shaw, Video 71 Comments

Shaw's flyer distributed to Novus customers (click to enlarge)

Shaw's flyer distributed to Novus customers (click to enlarge)

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Letting Shaw get away with this will let them buy up competitors like Novus for a pocket full of Toonies.

[Update 10:16am EDT 7/29] — Brion, one of our loyal readers, had a chance to visit Novus’ website and discovered that Novus has usage allowances on its own broadband service.  That’s naughty.  They are far more generous than Shaw’s, which start at 10GB and are more commonly in the 60GB range for average customers, but that’s besides the point.  The Comments section is where the discussion about the usage allowances are taking place.  We call on Novus to explain their limit policy, and more importantly, consider dropping it altogether and using that as a competitive tool against Shaw, which has far lower limits.  If the vast majority of customers are unlikely to hit them, why have them at all?  Write an Acceptable Use Policy that allows for informal communication with the extreme users consuming terabytes of bandwidth a month and offers them a commercial plan for them to consider.  Don’t be a part of the Internet Overcharging crowd.  We celebrate the kind of competition Novus can provide residents of Vancouver and Burnaby, but we’d like to make sure the competition is worth fighting for.

[Update 6:12pm EDT] — Welcome to Novus customers who discovered this site through Novus’ campaign website. Stop the Cap! is an all-consumer website designed to promote and defend the competitive broadband marketplace in both the United States and Canada.  Paul-Andre Dechêne is our Canadian editor. We are unalterably opposed to Internet Overcharging schemes, which include bit/usage caps, consumption-based pricing, and fees or penalties imposed by providers for exceeding them.  We are pro-competition, pro-Net Neutrality, and opposed to throttles.  Companies like Novus which provide needed competition in the cable television, telephone, and broadband marketplace are essential for a healthy marketplace with rational pricing.  Shaw’s obvious predatory pricing tactics are designed to drive away Novus’ customers, making the company ripe for takeover, by Shaw of course, for a pocketful of Toonies.  While those Shaw prices sound good today, driving away competition guarantees much, much higher pricing tomorrow in a monopoly environment.  Novus is installing fiber optic-based service, which means they are already kilometers ahead of Bell and the usual assortment of the Shaw/Rogers/Vidéotron old school cable companies.

We welcome your views.  Just leave your public comments in the editor box at the bottom of the page (or click the comments link just below the headline).  You can explore more than 400 articles on our issues from the menu bar at the top.  Drop down menus will let you read about the issues that are most relevant to you.  Thanks for joining us.  The fight for affordable broadband continues across Canada, and we welcome your participation.  Bookmark us and drop by regularly. — Phillip M. Dampier, Editor]

Imagine paying $9.95 a month for a digital cable package with two free high-definition set-top boxes with personal video recorders, more than 200 digital channels, more than 25 high-definition channels, and a movie channel package.  Not convinced?  How about also getting two free months thrown in.

Need telephone service?  How about free nationwide/U.S. calling, free installation, and a whole mess of phone features for $9.95 a month?  Don’t forget broadband.  That’s just $9.95 a month as well for 15Mbps service with free Powerboost.  To sweeten the deal to diabetic coma proportions, Shaw will throw in two free months of service for each of those packages, too.

What’s the catch?  You have to live in an area currently served by Novus Entertainment, Inc., an upstart independent fiber-based competitor wiring metro Vancouver, British Columbia.  Novus has aggressively wired high rise condominiums and other densely populated neighborhoods and buildings in Vancouver.  Novus is a tiny company compared to Canada’s national cable companies.  Shaw provides cable television service to 2.1 million customers in several Canadian provinces.  Novus has 9,000 subscribers in 220 buildings in Downtown Vancouver and Burnaby and is planning an expansion into Richmond. Those buildings are being peppered with marketing from Shaw, including this special pricing offer.

Existing Shaw customers, and those who live outside of Novus’ service area, cannot obtain the special pricing.  That is the heart of a complaint lodged by Novus against Shaw at the Competition Bureau of Canada and in the British Columbia Supreme Court, charging Shaw is engaged in predatory pricing designed to put Novus out of business.

“Shaw is abusing its dominant position in the market by offering services – which it normally makes nearly 50 per cent margins on – at a sizeable loss as a means to destroy a local competitor,” said Donna Robertson, Co-President and Chief Legal Officer of Novus Entertainment Inc. “The millions of existing Shaw customers paying full price should be outraged because they’re unwittingly subsidizing the costs that customers with a competitive alternate pay, which is unethical and unfair. If they don’t make the offer available to everyone, current customers should call Shaw and demand the same deal.”

Novus points out Shaw has been “on a buying spree” picking up smaller cable operators and independent providers, but has “been unsuccessful in getting traction with Novus,” company officials suggest.

Stop the Cap! has discovered Shaw’s discount offer is a remarkable one, compared with the regular pricing Shaw customers pay elsewhere:

Shaw Deal for Novus Cable TV Customers

$9.95 digital cable with two personal video recorders, movie channel package, digital channel package
Two free months service

Shaw Deal for Other Canadians

$67.85 HD package
$16.00 Movie Central/HBO or Super Channel premium movie network
$26.95 digital cable “specialty channel” package
$ 3.95 time shifting option
$30.00 Shaw HD personal video recorder set-top box

The grand total: $144.75 per month, with no free months.

“Shaw enjoys increasing cable margins of nearly 50 per cent, which it boasts to investors is ‘best-in-class’ compared to other North American cable companies,” said Robertson. “We believe that Shaw’s targeted campaign is an attempt to eliminate Novus from the competition, which would allow Shaw to maintain its near monopoly status and raise prices for all customers whenever it sees fit”

“Based on Shaw’s actions, we can only assume that they are trying to buy our customers by gouging their own prices,” said Robertson. “They’re offering these services at an enormous loss, while forcing the rest of their customers to make up the difference. We aren’t big enough to compete with Shaw’s predatory pricing, but we are faster and more reliable, and our service is actually less expensive over the long term.”

Novus has launched a website and is busy on Twitter asking Shaw customers across Canada to demand the same special offer they are making available in Novus’ service area.

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Do you want the 10 Bucks Offer too? Sign our Petition and call Shaw to request this special rate.

Greater Vancouver – 604-629-8888
Kelowna – 250-762-4433
Prince George – 250-562-1345
Fort St John – 250-785-3039
Victoria – 250-475-5655
Edmonton – 780-490-3555
Calgary – 403-716-6000

The Beavers Are Lying: Bell Admits It Throttles Customer Speeds Up to 98.5% for Nearly 10 Hours Daily

The Bell Beavers have been lying to Canadians for at least a year about the speed of their broadband connections through Bell.  Despite assertions in advertising that Bell Internet does not experience “slowdowns,” the company admitted Tuesday it intentionally does slow down certain broadband applications by up to 98.5% for 9.5  hours a day.

Appearing before commissioners of the Canadian Radio-television Telecommunications Commission hearing on bandwidth management, Jonathan Daniels, Bell’s vice-president of regulatory law, told commissioners peer-to-peer file transfers are “throttled,” or reduced in speed, for up to 10 hours daily.

In Ontario and Quebec, speeds are reduced to 256kbps (kilobits per second) between 6pm-1am, representing a 98.5% reduction in the maximum speed of 16Mbps offered as part of Bell’s Internet Max 16 service.  During dinner time, starting at 4:30pm-6pm, speeds are reduced to 512kbps.  Even those up late to avoid the throttle will still encounter it between 1am-2am, when speeds are also reduced to 512kbps.

Although Bell has never denied throttling users’ speeds, the company clarified the extent of the throttling and its specifics for the CRTC yesterday.  Daniels promised the company would post this information on its website soon, so customers are fully informed about the practice before signing up for service.

Bell defended the practice, extending not only to its own customers but also to customers of independent Canadian ISPs who obtain their broadband access from Bell’s wholesale bandwidth division.  Bell claims it was not satisfied with simply raising prices or placing usage limits on its service — the company also felt it necessary to start reducing the speeds of “problem applications” on its network.  Bell lobbied the CRTC to endorse Bell’s bandwidth management plan and also called on the commission to apply any regulatory changes not only to its own DSL service, but also for competing technologies like cable, fiber, and even wireless broadband.  Inclusion of the latter technology would establish a “lowest common denominator” broadband standard for Canada, where all players would be permitted to limit and throttle usage based on the least capable competing technology.

Independent Internet providers across Canada complain their wholesale access from Bell not only faces speed throttles, but also usage based pricing, which effectively could render most uncompetitive.  They have asked the commission to force Bell to stop throttling their wholesale accounts and permit them to establish whatever bandwidth management technologies are appropriate.  Bell dismissed that notion, claiming that unless independent providers use the same policies Bell does, demand on its network from its wholesale accounts would create congestion problems for Bell’s own retail customers.

CRTC Chair Konrad von Finckenstein asked why Bell is the only ISP in Canada that throttles peer-to-peer downloads, while most other ISPs only throttle uploads.  Daniels claimed that downloads are a bigger problem for the Bell network, and that most cable ISPs engaged in throttling are dealing with a network much more sensitive to upload activity.

The issue is hotly debated across Canada because much of the network that Bell and other providers utilize for Internet connectivity was built with Canadian taxpayer dollars.  Because the network was built with public funds, Bell cannot refuse requests from competitors to purchase access to their network at wholesale prices, which are set by Canadian regulators.

The wholesale price for Canadian residential customers with a 5Mbps connection starts at $19.50 per month.  An additional charge for connecting an independent network to Bell’s network is levied, along with a specified amount of bandwidth consumption.  A wholesale account on Bell’s “High Speed Access” network, which doesn’t engage in traffic throttling, is not regulated and is currently priced at $40 a month for a 6Mbps connection.  ISPs are required to install more of their own network management equipment, making access to this higher level of service an expensive proposition for both the ISP and the residential customer.  Few ISPs choose the “High Speed Access” network because of the cost.

The CRTC became involved after getting complaints from Bell’s wholesale customers who suddenly discovered their own customers were being speed throttled.  Last November, the commission found such throttling by Bell was permitted, primarily because they throttled every customer’s speeds — retail and wholesale.  But a decision to hold hearings into bandwidth management was deemed necessary, and the result was a week of hearings that wrapped up Tuesday.

CRTC Net Neutrality, Internet Overcharging, & Throttling Hearings: A Complete Guide

Phillip Dampier July 14, 2009 Audio, Canada, Net Neutrality, Public Policy & Gov't 2 Comments

CRTC Review of the Internet Traffic Management Practices of Internet Service Providers

July 6 — July 14, 2009
Conference Centre – Outaouais Room
140, Promenade du Portage
Gatineau, Province du Québec

Canada

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The CRTC hearings are being held to establish guidelines on practices that internet service providers use to manage traffic and congestion on their networks.  Among the issues under consideration: reducing the speeds of certain Internet applications such as peer-to-peer traffic, establishing usage allowances and/or limits on usage, and whether such practices potentially favor existing providers by protecting their other businesses from competition.


Hearing Transcripts


The official written transcripts of the CRTC hearing proceedings, primarily in English, released by the Canadian Radio-television Telecommunications Commission.

July 6, 2009 — CRTC Web Document

July 7, 2009 — CRTC Web Document

July 8, 2009 — CRTC Web Document

July 9, 2009 — CRTC Web Document

July 10, 2009 — CRTC Web Document

July 13, 2009 — CRTC Web Document

July 14, 2009 — CRTC Web Document

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Hearing Audio


Unfortunately, audio from the session of July 6 is not available at this time.  Please consult the official written transcripts provided above. Also, hearings in Canada often feature speakers that switch fluidly between English and French when delivering testimony or answering questions. The vast majority of the hearing was conducted in English. On July 13th, there was some extended testimony delivered in French. Some Bell employees flipped back and forth between English and French during their testimony as well. Therefore, for those who are not bilingual, we have included a special audio file recorded from the simultaneous English translation feed on that day.

July 7, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Two – Morning & Afternoon Session — Gatineau, PQ – July 7, 2009 (207 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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July 8, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 1) — Gatineau, PQ – July 8, 2009 (57 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 2) — Gatineau, PQ – July 8, 2009 (42 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 3) — Gatineau, PQ – July 8, 2009 (25 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 4) — Gatineau, PQ – July 8, 2009 (78 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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July 9, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 9, 2009 (68 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 9, 2009 (56 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 9, 2009 (37 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 4) — Gatineau, PQ – July 9, 2009 (48 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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July 10, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 10, 2009 (73 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 10, 2009 (41 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 10, 2009 (29 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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July 13, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Five – English Translation Feed — Gatineau, PQ – July 13, 2009 (281 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 1) — Gatineau, PQ – July 13, 2009 (33 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 2) — Gatineau, PQ – July 13, 2009 (91 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 3) — Gatineau, PQ – July 13, 2009 (66 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 4) — Gatineau, PQ – July 13, 2009 (67 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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July 14, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Six – Morning & Afternoon Session — Gatineau, PQ – July 14, 2009 (159 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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Recordings courtesy of: “Bonkers”

Limbo Dance Redux: Bell Canada Lowers Usage Allowances on Customers, But Sells Usage Insurance for “Peace of Mind”

Paul-Andre Dechêne July 13, 2009 Bell (Canada), Canada, Data Caps 8 Comments
Bell's Usage Allowance and Speed Chart (click to enlarge)

Bell's Usage Allowance and Speed Chart (click to enlarge)

Broadband Providers: How Low Can They Go?

Broadband Providers: How Low Can They Go?

When a broadband provider insists on the need to implement Internet Overcharging schemes on their customers to control costs and “manage their network,” it’s a safe bet they’ll also manage to find a way to increase your bill.  Bell, one of Canada’s largest Internet service providers, has reduced usage allowances on some of their popular Internet service plans, in some cases substantially.

Usage Allowances

Essential Plus:  2GB usage allowance (was 20GB)
Performance: 25GB usage allowance (was 60GB) (Bell’s most popular plan) 

Customers can now purchase “Usage Insurance” policies from Bell for “peace of mind” in case they go over plan limits starting at $5/month, which provide additional allowances.

Bell claims the reduction in usage allowances comes with reduced pricing for broadband service, but many customers who forget to purchase “insurance” could be subjected to overlimit penalties of $2-2.50/GB, with a maximum penalty of $30 per month.

Bell customers looking for a place to complain have one less place to do so: Bell pulled the plug Friday on their support forum, popular with thousands of Bell customers looking for support or to share their feelings about Bell service.  The company has remained silent on the reasons for doing so.  No warning or advance notice was given.

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