Shaw’s wallet-biting usage billing shark finally gets the net, at least for some of the company’s broadband plans.

After a firestorm of protests from customers across western Canada, Shaw Communications this week unveiled new Internet packages and pricing that dramatically increases usage allowances and introduces unlimited use plans.  Stop the Cap! reader Mark shares the good news that consumer pushback can make a difference:

Today we are excited to share our new direction on Internet pricing and packaging with you, our customers. With your help, we’ve created a model that we hope you’ll agree is fair, flexible and offers a variety of options for customers today and into the future.

We’d like to thank the hundreds of customers who took time to come out to the 34 sessions and those who shared their ideas online. Many of those who participated are the technology innovators who told us they wanted an Internet experience that worked not only today, but for the needs of tomorrow. We also heard that our customers wanted transparency, more choice of internet speed and data options, increased flexibility to meet their varied needs, and above all, fairness.

The decisions we have made coming out of those sessions are far reaching. We went into the session thinking it was a discussion about pricing and packaging, and came out with a new vision for the future. Put an end to your struggles, as the perfect packaging solution to enhance your product is available at https://www.andex.net/blister-cards/.

One of the biggest decisions we have made is to undertake a major upgrade of our network by converting our television analog tiers to digital. In making this move we will triple the capacity of our network, freeing up space for more Internet, HD and On Demand programming. This conversion will start in June and will take sixteen months to complete. As a result of this upgrade, it will open up opportunities for Shaw to offer industry leading broadband performance.

While it is unlikely many Shaw customers clamored to see the cable company convert to an all-digital system (which requires a set top box on every connected television), the aggressive move to expand DOCSIS 3 technology will provide Shaw the option of pitching faster Internet speeds to customers — exactly what they intend to offer:

1. Increased Data Consumption with our Existing Model: Customers can choose to stay with their existing packaging and pricing except with much higher data levels. Our existing acceptable use policy will remain the same as it is today.
   

   Package	Speed	Current Data	New Data	Bundle Price	Standalone Price	With Personal TV (SPP)
   Shaw Lite Speed	1 Mbps	15 GB	30 GB	$27	$37	$64.90
   Shaw High Speed	7.5 Mbps	60 GB	125 GB	$39	$49	$74.90
   Shaw Extreme	25 Mbps	100 GB	250 GB	$49	$59	$84.90

2. New Broadband Packages: We have created new packages featuring industry leading performance and greater value. These broadband packages will come bundled with TV and will roll out in two phases. Phase 1 will be available in June, 2011 and Phase 2 will become available as the network upgrade occurs. Our advanced digital network will be activated neighbourhood by neighbourhood over the next 16 months starting in August, 2011.Customers who choose one of the new packages will enter into an automatic upgrade program. Those who go over their data consumption will be placed in the next higher package for the remainder of the month. The following month’s data will be reset and customers will return to their original package unless they choose to stay at the higher level.We have also created unlimited data options for our customers, an Unlimited Lite and Unlimited 100. As the new network becomes available, we will also offer Unlimited 250.
3. Phase 1 Broadband Packages (Available June, 2011)
   

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	3 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	5 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	5 Mbps	750 GB	Add $79.00	$104.90
   Unlimited 100	100 Mbps	5 Mbps	Unlimited	Add $119.00	$144.90

   Phase 2 Broadband Packages (Rolling Launch Starting August, 2011)

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	5 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	10 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	10 Mbps	750 GB	Add $79.00	$104.90
   Broadband 250	250 Mbps	15 Mbps	1 TB	Add $99.00	$124.90
   Unlimited 250	250 Mbps	15 Mbps	Unlimited	Add $119.00	$144.90

While this represents a welcome change for Canadians long weary of stingy usage allowances, the pricing for the company’s unlimited use options is on the high side, and is not an available option for the most popular lower speed tiers, with the exception of the company’s 1Mbps “Lite” plan, where it carries a ludicrous monthly fee of $59, the exact same price customers will pay for a 50Mbps plan with a 400GB monthly limit.

We would have liked to see Shaw introduce unlimited options for all of their usage plans (or better yet simply drop the limits altogether).  As it stands, they are effectively charging an extra $20-40 a month to be free from a usage cap on some of their new highest speed tiers. For most customers, the effective result of Shaw’s changes is a more generous usage package.

Shaw’s pricing for high speed plans is aggressive.  For what Americans would pay Time Warner Cable for 50/5Mbps service, a Shaw customer will eventually get 250/15Mbps with a 1TB limit (add $20 for unlimited).

Michael Geist, a University of Ottawa law professor, suspects the looming hearings by the Canadian Radio-television and Telecommunications Commission (CRTC) over usage-based-billing has a lot to to with this week’s changes by Shaw, which just months earlier was lowering usage allowances.

“Shaw is doing this because the writing was on the wall,” Geist says. “When you’re in a position to offer such better pricing and data caps than what you were offering before, it highlights just how uncompetitive this market has been.”

Eastern Canadians in Ontario and Quebec will be waiting to see what companies like Rogers, Videotron, and Bell do in response to Shaw’s new pricing model.  As it stands, western Canadians will nearly get double the speeds and usage allowances those in the eastern half of the country endure from cable and phone companies.  That could be a political nightmare at the CRTC hearings, and would continue to call out the highly arbitrary nature of Internet Overcharging, whether it is found in Calgary, Toronto, or Montreal.

One of Canada’s largest phone companies is willing to admit it is prepared to launch an Internet Overcharging scheme on its broadband customers now, while western Canada’s largest cable company would prefer to wait until after the next election to spring higher prices on consumers.

When Shaw’s president Peter Bissonnette told investors and the media he believes users who use more should pay more, all that needs to be put in place is exactly how much more Shaw customers will pay for already-expensive Internet access.  With Shaw making noises about usage-based billing, Telus felt it was safe enough to dive right into their own usage cap and overlimit fee pricing scheme.

Shawn Hall, a spokesperson for Telus, told CTV News that the phone company was ready to begin overcharging customers as soon as this summer.

Shawn Hall (CTV BC)

“It’s only fair that people pay for how much Internet capacity they use,” Hall told CTV.

Telus doesn’t seem to be too worried about the fact usage-based billing has become a major issue in the upcoming elections.  A review of the pricing scheme by the Canadian Radio-television and Telecommunications Commission is due within months, but the phone company isn’t going to wait.

Shaw is being more cautious.  After the pretense of a “listening tour,” and with federal officials breathing down their necks, Shaw wants to wait until the elections are over before moving forward on their own price gouging, according to Openmedia.ca.

As Stop the Cap! has told our readers repeatedly, corporate “listening tours” about Internet Overcharging are about as useful as lipstick on a pig.  Providers don’t actually listen to their customers who are completely against these pricing schemes — and every survey done tells us that represents the majority of customers.  Instead, they only hear what they want to hear, cherry-picking a handful of useful statements in order to make it appear they are responsive to customer needs.

Shaw heavily redacted their own meeting minutes on their website, completely ignoring a large number of customers unalterably opposed to usage-based billing of any kind.  Instead, statements that fit their agenda were repeated in detail, especially those that suggested average users don’t want to pay for heavy users.

Shaw executives discuss with investors how they will stick customers with usage-based billing, despite customers telling them they don’t want these schemes. April 13, 2011. (7 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

It’s like arguing marathon runners should pay extra for the oxygen they consume because others don’t breathe as much.  It’s all a lot of hot air.

Broadband traffic costs providers only a small percentage of the amount they charge customers, and that number is dropping.  Yet providers want to raise prices, restrict usage, and charge punitive fees for those who exceed their arbitrary usage limits.

The power of the duopoly in place across most of western Canada has given providers little to fear from overcharging consumers.

Shaw CEO Bradley Shaw told investors they know few customers will switch providers if usage-based billing is imposed.

“We are of the mind that we still have a tremendous upside in terms of pricing power on our Internet services,” Shaw said.

The fact many Shaw customers have no other choice other than Telus does not escape Shaw’s notice either.

Telus’ Hall even had the nerve to call their Internet Overcharging pro-consumer.

Bissonnette

“It’s going to be really customer friendly,” he said. “You’d be forgiven for the first month you go over. You’d get lots of warning, lots of notice that you were going over with options of moving to other plans.”

Except an unlimited one — that is not available.

Openmedia.ca is trying to hold politicians’ feet to the fire on the issue of Internet Overcharging, demanding answers from every major party in Canada about how they will keep providers from imposing these pricing schemes.

Every major party, with one exception — the Conservative Party of Canada, has answered.  That’s the party currently in power.

Liberal Leader Michael Ignatieff has spoken out against usage-based billing, while NDP Leader Jack Layton has promised to ban it outright if elected to power.

Nearly a half-million Canadians have signed a petition opposing usage-based billing, and providers are showing once again they are not open to listening to anyone but their bean counters, intent on extracting as much cash as possible from Canadian customers’ wallets.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CTV British Columbia – Shaw planning to revive metered internet billing critics 4-25-11.flv[/flv]

CTV in British Columbia covers Shaw’s plans to revive metered Internet billing later this year.  (2 minutes)

Bell's Broadband Shell Game (image: Dave Blume)

The digital equivalent of a Trojan Horse was laid at the feet of Canadian telecom regulators Monday when officials from Bell, Canada’s largest phone company, announced they were withdrawing their controversial proposal to mandate usage-based billing on all wholesale broadband accounts.

The original proposal would have mandated that independent Internet Service Providers bill each of their individual customers a monthly fee based on their Internet usage in addition to the wholesale access rates paid to Bell all along.  The pricing proposal would have forced every ISP in Canada to abandon flat rate Internet service, raise prices, reduce usage allowances, and increase overlimit penalties.

Now Bell has told the Globe & Mail newspaper it wants to introduce something called “Aggregated Volume Pricing” instead — a plan Bell claims will shift financial penalties for “high usage” away from individual customers and onto the ISPs themselves. Bell also slashed the proposed overlimit fee from a heavily-defended-as-fair $2.50 per gigabyte to a more modest $0.30/GB, perhaps echoing AT&T’s forthcoming overlimit fee.

In fact, Bell’s revised plan is the same Internet Overcharging scheme under a new name.

The radical reduction in overlimit fees only further illustrates the “phoney-baloney” of providers attempting to monetize broadband usage under the guise of “fairness” and “congestion relief.”  Last week’s ’eminently fair’ $2.50 is this week’s ‘more than reasonable’ $0.30.

Bell exposed their hand — showing they have been bluffing about congestion all along.  An analysis of the proposed rates shows the company is still trying to target “heavy users.”  But instead of penalizing them into reducing their consumption, Bell is now seeking to monetize that usage, not control it.  By shifting aggregate usage costs to the wholesale market, Bell hopes individual customers will blame independent ISP’s for higher bills, not them.  Independent providers have to pass along their wholesale costs as part of the retail price of their service.  It’s a high tech shell game, one that consumers will always lose.

Despite this, Bell assumes the revised plan will take the bipartisan heat off its backside since it first proposed doing away with flat rate Internet service in Canada.

“With our filing today, we are officially withdrawing our UBB proposal,” said Mirko Bibic, Bell’s head of regulatory affairs. “Let’s move on, in my view, and use the CRTC hearing as an opportunity to approve those principles and get the implementation details right.”

"We don't like (Bell's proposal)."

Several Canadian officials were not impressed and one — Industry Minister Tony Clement — said exactly that.

Canada’s consumer groups and politicians have the giant telecom company on the run after using Bell CEO George Cope’s own words against him.  Cope openly admitted in conference calls with investors UBB had everything to do with monetizing broadband usage for profit.

Bell’s attempt to serve warmed-over Internet Overcharging from a new recipe isn’t flying among consumer groups either, who recognize it as more of the same leftovers, just under a new name.

Bill Sandiford, who heads a coalition of wholesale ISPs called the Canadian Network Operators Consortium, told the Globe & Mail Bell was simply presenting its usage-based pricing model in a more acceptable guise.

“We don’t think this is an about-face. It’s the same thing, just dressed up differently,” Mr. Sandiford said. “We don’t like it. It’s still wholesale UBB.”

Openmedia.ca, an online activist group, said Bell’s new proposal shows consumers are having an impact, but the fight is by no means over.

“We’re pleased that Canadians will now have the option to use indie ISPs like Teksavvy and Acanac to access the unlimited Internet,” said OpenMedia.ca’s Executive Director Steve Anderson. “This is a giant step forward for the Stop The Meter campaign, and a victory for those who support competition and choice in Canada’s Internet service market.”

“While this is a positive move, it is only a Band-Aid solution to a much larger problem. We at OpenMedia.ca hope the CRTC takes Bell’s submission as a sign that widespread usage-based billing is not an acceptable model for Internet pricing, and that it creates policy to support the affordable Internet.”

Prime Minister Stephen Harper

The Conservative government of Stephen Harper technically fell Friday after a no-confidence motion organized by opposition parties forced Canada’s leader to dissolve Parliament Sunday.  Harper announced new elections will be held May 2nd.

While broadband was certainly not a key issue in the take-down of the government, the forthcoming preoccupation with elections comes at the same time the Canadian Radio-television and Telecommunications Commission is revisiting its earlier decision about usage-based billing, dealing with conflicts over increased competition in the wireless market, and fielding controversy over the agency’s newest commissioner and vice-chair.

The government’s latest pick for the CRTC, the eminently unqualified (but well-connected) former politician/talk show host-turned regulator Tom Pentefountas, is scheduled to take his seat at the Commission this April.  The “Pentefountas Matter” threatens to become a political sideshow here in Ottawa as opposition parties feast on a host of missteps from the former president of Action Démocratique du Québec, a Quebec political party that some have called a Francophone ‘mini-me’ version of the Tories inside Quebec.

“Here is a man who comes to a broadband and telecommunications regulatory body with just one telecom qualification on his resume — he was a radio talk show host,” shares François Dumont, a Stop the Cap! reader in Montreal.  “UBB (usage based billing) to this man could be a brand of suntan lotion.  In America, it would be like naming Rush Limbaugh to the FCC.”

NDP MP Charlie Angus, one of Canada’s most vocal, pro-consumer critics of the Conservative Party’s ‘corporate agenda-meets-federal policies’ dismissed Pentefountas as an unqualified mess who lacks credentials for the post and won it only through his friendship with Conservative Senator Leo Housakos and Dimitri Soudas, Prime Minister Harper’s spokesman.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/Charlie Angus Pentefountas Affair.flv[/flv]

Charlie Angus on the attack during Question Time in Parliament over the appointment of Tom Pentefountas.  (4 minutes)

Pentefountas made matters worse for himself this week when he declared he deserved to be vice-chair of the CRTC because he “earned it.”

Charlie Angus (NDP)

That reasoning has not impressed Angus, or some members of Canada’s Liberal party, who accuse the government of cronyism for appointing an unqualified candidate to the CRTC as the agency is mired in controversy and generates headlines in the media with every policy decision.  Angus isn’t even sure if Pentefountas even formally applied for the job.  When asked, Pentefountas would only say he “expressed an interest.”

Now, members of several opposition parties are calling on the Conservatives to fire Pentefountas before he gets the keys to his office.

Meanwhile, the CRTC continues to dig in its heels about the parameters of the review of its earlier decisions about usage-based billing.

With the applause of telecom business interests in Canada, the Commission has already fixed the future review around its own preconception of the “facts” about UBB:

The two guiding principles for the review are that “ordinary consumers served by small Internet service providers should not have to fund the bandwidth used by the heaviest retail Internet service consumers”; and that “it is in the best interest of consumers that Small ISPs, which offer competitive alternatives to the incumbent carriers, should continue to do so.”

The agency plans hearings for July, but few broadband observers expect the Commission will depart much from its original conclusion Canadians need to pay significantly higher broadband bills for the good of the providers delivering the service.  Industry Minister Tony Clement continues his efforts to soothe angry Canadian consumers with a promise to overturn the agency’s decision if it continues to give a thumbs-up to UBB.  But government critics say the mandate given to the CRTC is the real problem — so long as the Conservatives insist the CRTC take a deregulatory approach to telecommunications, the longer the green light on higher prices and less competition will continue to shine.

With most observers predicting the Conservatives are on track to win the spring elections, it is unlikely any major changes in telecom policy are forthcoming.  Technology columnist Michael Geist suggests voters across Canada can upset conventional wisdom by making telecom issues a major focus of the forthcoming campaign, urging candidates to “vote for the Internet,” supporting consumer-friendly positions like a rejection of UBB and embracing forward-looking broadband policies.

Paul-Andre Dechêne is Stop the Cap!’s correspondent based in Ottawa, Ontario.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Charlie Angus on UBB.flv[/flv]

Charlie Angus in another exchange in Parliament with Industry Minister Tony Clement over the issue of usage-based billing.  (2 minutes)

Cope

In another example of providers telling the public (and lawmakers) one thing, while saying something very different to their own shareholders, Bell Canada’s CEO made a remarkable admission about why the company imposes Internet Overcharging schemes on its customers:

“As we see a growth in video usage on the Internet, making sure we’re monetizing that for our shareholders through the bandwidth usage charges,” CEO George Cope told listeners in a financial conference call last autumn.

That is a far cry from the story Mirko Bibic, Bell’s government affairs representative tells to anyone who will listen. Michael Geist, a Canadian syndicated columnist on technology law issues notes Bibic has told a different tale while appearing before Parliament’s Standing Committee on Industry to answer questions on usage based billing held in February.

For Bibic, usage-based billing is about “fairness” and solving alleged congestion issues.

“As for small businesses, which are generally on the same network as residential users, what you have is really a case where the congestion during peak periods is largely a residential phenomenon. It’s in that area that we’ve addressed the usage-based billing issue, and all we’re asking the CRTC for is to follow a fundamental principle of fairness,” Bibic told MPs. “If we asked 97% or 98% of Canadians if they would be prepared to pay more so that the 2% of heaviest users pay less, I’m pretty sure of what the answer would be.”

Bibic

Bibic’s argument has been repeatedly undercut by his own bosses, Geist notes.

In August, Cope told shareholders “our data revenue growth was 3.8% for our Residential Services business, particularly driven through an increase in Internet ARPU of 3.3%. And interesting, almost all that increase now coming from usage based billing as the demand for Internet use explodes through the use of video services, and we’re continuing to see an increase in the revenue per customer.”

By November, Cope was turning Bibic’s bandwidth “fairness and congestion” lemons into lemonade, celebrating data revenue growth of 5 percent, “driven principally by the bandwidth usage revenue being up 83% year-over-year.”

Cope not only decapitates his company’s arguments for usage-based billing, he also shines the light on who they will impact: if providers are to be believed that usage caps will only affect a tiny percentage of customers, how can data revenue be up a whopping 83 percent year-over-year. Are a handful of Canada’s “heavy” broadband users responsible for this growth, or are an increasing number of Canadian consumers finding themselves over the “generous” limits Bell has established because they used their broadband connections to stream movies and television shows.

As Geist notes, “no one should be under the illusion that UBB is anything other than a revenue maximization strategy in a market with limited competition, not one premised on fairness or network congestion.”