Phillip “Tollbooths are not innovation” Dampier

Federal Communications Commission chairman Julius Genachowski last week wrote a guest editorial on TechCrunch espousing the benefits of faster broadband networks, but the advances he celebrates often come with innovation-killing usage caps and overlimit fees he continues to ignore.

We feel the need – the need for speed. As Tom Friedman and others have written, in this flat global economy a strategic bandwidth advantage will help keep the U.S. as the home and most desired destination for the world’s greatest innovators and entrepreneurs.

[…] But progress isn’t victory, particularly in this fast-moving sector. Challenges to U.S. leadership are real. This is a time to press harder on the gas pedal, not let up. The first challenge is the need for faster and more accessible broadband networks. We need to keep pushing because our global competitors aren’t slowing down. I’ve met with senior government officials and business leaders from every continent, and every one of them is focused on the broadband opportunity. If we in the U.S. don’t foster major investments to extend and expand our broadband infrastructure, somebody else will take the lead.

We need to keep pushing because innovators need next-generation bandwidth for next-generation innovations – genetic sequencing for cancer patients, immersive and creative software to help children learn, ways for small businesses to take advantage of Big Data, and speed- and capacity-heavy innovations we can’t yet imagine.

We need to remove bandwidth as a constraint on our innovators and entrepreneurs. In addition to steadily increasing broadband speed and capacity for consumers and businesses throughout the country, we need – as we said in our National Broadband Plan – “innovation hubs” with super-fast broadband, with speed measured in gigabits, not megabits.

[…]Some argue the private sector will solve these challenges itself, and that all government has to do is get out of the way. I disagree. The private sector must take the lead, but the public sector has a vital though limited role to play.

Among the policy levers government needs to use is the removal of barriers to broadband buildout, lowering the costs of infrastructure deployment with new policies like “Dig Once” that says you should lay fiber when you dig up roads. The President recently issued an Executive Order implementing this idea, suggested in our Broadband Plan. Government must promote competition, which drives innovation and network upgrades.

We must ensure the Internet remains an open platform that continues to enable innovation without permission.

Genachowski

Genachowski’s vision for faster broadband has the noble goal of maintaining competitiveness with the rest of the world and putting the United States back on top in broadband rankings and innovation. But while hobnobbing with his industry friends at recent industry conventions, he may have gotten too close to one of the biggest impediments holding us back — big cable and phone companies merrily working their magic to create a comfortable duopoly with pricing and service plans to match.

Back in the late 1990s, most cable operators thought of broadband as an ancillary service easy enough to operate, but probably hard to monetize. Just like digital cable radio services like Music Choice and DMX, “broadband” would likely appeal only to a tiny subset of customers.

“Back in the 1990s, Time Warner was primarily a TV company in a TV industry.  Broadband then was an innovating and radical thing, and a lot of people thought it was stupid and wouldn’t work,” Time Warner Cable CEO Glenn Britt said in April, 2009.

The launch of “Road Runner” was not the most auspicious marketing effort undertaken by the cable operator. In fact, the service was rarely targeted for price adjustments, hovering at around $40 a month for a decade.

When the Great Recession hit the United States, something unexpected happened. Cable operators discovered people were willing to cancel their cable and phone services, but not their broadband. In fact, as high bandwidth online video became an increasing part of our lives, the cable industry realized they were in the catbird seat to deliver the best broadband experience, and be well-paid for it. With little competition, increasing prices brought little risk and, thanks to the insatiable drive to boost revenue and reduce costs, implementing usage caps to control “excess” usage and costs were within their grasp.

In 2008, when Stop the Cap! launched, only a handful of ISPs had usage caps. Now most providers, with the exception of Time Warner Cable, Verizon, Cablevision, and a handful of others, all have usage allowances and overlimit fee Internet Overcharging schemes to further pad their bottom lines.

Innovation: Rationing Your Internet Experience — Stick to e-mail and web pages.

Genachowski has completely ignored the growing pervasiveness of usage caps, and even excused them as an experiment in marketplace innovation. But limits on broadband usage will also limit the broadband innovation revolution he wants, especially when most Americans have just one or two realistic choices for broadband service:

1. Usage caps are the product of artificial scarcity. Rationing Internet usage, even with now-pervasive cost-effective upgrades like DOCSIS 3, simply does not make sense (but it will make dollars). Cable operators are switching off analog television service to free up bandwidth to provider faster Internet speed and fatten the pipeline that delivers it. They have plenty of capacity, but continue to proclaim they must limit usage for “fairness” reasons, without providing a single shred of evidence to prove the need for usage caps. Consumers will self-ration just to avoid the prospect of being cut off or handed a bill with overlimit fees.
2. Usage caps make faster speeds irrelevant. Selling customers premium-priced, super fast broadband speed is hardly compelling when accompanied by usage caps that constrain the benefits of buying. Why pay $20-50 more for faster speeds when customers cannot take practical advantage of them. Customers using their Internet service to browse web pages and read e-mail have no interest in upgrading to 30+Mbps. Customers streaming video or moving large files do.
3. Usage caps retard innovation. Google’s new 1Gbps fiber optic network was built on the premise that usage caps were unnecessary on a fiber-based network and would retard innovation. Developing the next generation of innovative apps that Genachowski celebrates will never happen if developers are discouraged by Internet usage toll booths and stop signs. The cost to provide the service is not largely dependent on customer usage. It is the initial price of last mile infrastructure that really matters. Both cable and phone companies have reduced their investments to upgrade their networks, and AT&T and Verizon both contemplate getting rid of their rural landlines. Most cable operators paid off their networks years ago.
4. Usage caps create a whole new digital divide.  Time Warner Cable’s discounted Internet Essentials program delivers only a $5 discount with a harsh 5GB usage cap. For an income-challenged home compelled to switch to a provider’s budget plan, the result is a different Internet experience than the rest of us enjoy. Imagine if your home broadband account was limited to 5GB a month. What online services would you have to avoid to stay under the provider’s limit? Traditionally, operators sell the lowest speed tiers with the lowest usage allowances. Slower speeds already offer a disincentive to use high bandwidth services, but many providers typically drive that disincentive home even harder with a paltry allowance that will cost plenty to exceed.
5. Usage caps harm our broadband standing. While Genachowski celebrates increasing broadband speeds, he ignores the fact the rest of the world is moving away from usage caps even as the United States moves towards them. Both Australia and New Zealand elected to construct their own national fiber networks in large part because the heavily usage-capped experience was holding both countries back. Usage caps are a product of a barely competitive market.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bandwidth Caps 7-2011.flv[/flv]

Tech News Today debunks providers’ claims that usage caps are fair and control those who “overuse” their networks, noting the same phone companies (AT&T) pushing for usage caps are also moving voice calling to unlimited service plans. (August, 2011) (4 minutes)

Time Warner Cable has lost between 10-15 percent of their analog cable television customers over the past year, according to Time Warner Cable president and chief operating officer Rob Marcus.

Speaking at this morning’s Goldman Sachs Communacopia Conference, Marcus noted the economic downturn has continued to cost the cable operator “single play” subscribers. Marcus noted that roughly 60 percent of the cable company’s customers are now on discounted or retention plans, and the company has no plans to reduce aggressive retention offers and promotions in the immediate future. Time Warner Cable will also exercise caution when customer promotions expire, an allusion to the company’s practice of gradually resetting rates to retail prices over an extended period of time to avoid antagonizing customers into switching providers.

Marcus acknowledged broadband is now a key service for Time Warner Cable, one that the company will continue to exploit to drive earnings. Some investors have complained Time Warner has only managed an increase of 2-3 percent in Average Revenue Per User (ARPU) for broadband, a key metric for Wall Street. Marcus was asked why Time Warner, with its superior market share over telephone companies, was not “exercising the price lever a little bit more” in a marketplace lacking serious competition.

Marcus

“I think it is fair to say that as the utility of the [broadband] product increases in customers’ minds, their willingness to pay for it (assuming they are able) goes up, so I think it stands to reason that we can continue to increase rates on high speed data,” Marcus said.

But even more important to Time Warner Cable is its differentiated broadband speed tiers, which the company is refining to pick up additional revenue and price-resistant customers. Broadband usage caps will be a part of that equation.

Marcus confirmed that Time Warner Cable will provide unlimited broadband packages to its premium tier customers, but will introduce usage-limited service on its budget tiers. Currently, the company only imposes a usage cap of 5GB on its Internet Essentials package, which offers a $5 discount off regular prices. But Marcus seemed to acknowledge that the company plans to experiment further with additional limits.

“We are going to deliver very fast speeds, unlimited consumption, and now mobile capability via our Wi-Fi network to those customers who demand it and are willing to pay premium prices for those tiers of service,” Marcus said. “At the other end of the spectrum we are going to have budget products as we do today that offer lower speeds, more limited consumption like our Internet Essentials product, and those probably won’t have access to our Wi-Fi hotspots. We think that is the best way to drive revenue and profitability.”

Marcus also told investors the company was working on the next generation of the company’s electronic program guide, which he said will be cloud-based. Time Warner Cable continues to signal it is willing to work with third party set top box manufacturers to let customers dump traditional set top boxes, but only so long as Time Warner Cable gets the credit in the minds of customers. The company is also working on rolling out video-on-demand for its online video apps.

Unfortunately, your usage allowance does not reach Xfinity.

Comcast has introduced more generous usage allowances for some of their premium broadband customers who pay for lightning fast speeds and do not appreciate a one-size-fits-all usage cap.

Broadband Reports has reliable information the rollout of more generous caps, starting in Tucson on Oct. 1, will eventually make their way to other Comcast cities. The newly available caps vary according to the broadband tier chosen by customers:

• Economy: 300 GB
• Economy Plus: 300 GB
• Internet Essentials: 300 GB
• Performance Starter: 300 GB
• Performance: 300 GB
• Blast: 350 GB
• Extreme 50: 450 GB
• Extreme 105: 600 GB

Well, that answers that.

Karl Bode says he is unsure what the cap will be (or if there is one) on Comcast’s newest 305Mbps speed tier, not yet available in Tucson. Comcast’s usage caps only apply to residential service. Customers who refuse to tolerate limits have often switched to one of Comcast’s business broadband tiers, which come uncapped.

Customers who exceed their allowance will pay a price AT&T seems to have successfully introduced as the de facto overlimit fee for American broadband consumers: $10 for each 50GB increment over the limit.

Customers will receive an in-browser notice when they reach their limit. Comcast has a ‘three strikes and you’re out $10‘-policy — giving customers three free “courtesy passes” if they happen to exceed their allowance and do not want to pay an overlimit fee. After that, the fee will be automatically billed.

While some Time Warner Cable customers are drooling at Comcast’s regularly increasing speeds (TWC’s top speed is currently 50/5Mbps), a significant number say not having a usage cap is worth the trade-off.

“Comcast can keep their higher speeds you can’t really use with their usage caps,” shares Stop the Cap! reader Will Pryzinski. “I’m more than happy with 50Mbps from Time Warner so long as the usage limit ripoff stays far away.”

Rogers is serving up its Ultimate Internet service, with speeds up to 150/10Mbps, by challenging some of Canada’s biggest athletes to try and beat the company’s broadband speeds.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Rogers Ultimate Bundle Challenge.flv[/flv]

Tennis Pro Milos Raonic: For Milos’ challenge, we set up a tennis court in a Toronto warehouse, with a “play” button target at one end.  We challenged Milos to serve the ball and hit the target to play a song, faster than we could download it using Rogers Ultimate Internet. Let’s not forget Milos is well known for his powerful serve, reaching 250 km/hr. He has also served more aces than any other player so far in 2012. Does Rogers Ultimate Internet have a chance against a champion like Milos?  (1 minute)

Apparently more often than not, judging from Rogers’ video. But one thing Raonic has going for him, as a human being, is no usage cap. As our loyal reader Alex points out, Rogers’ Ultimate Internet only includes a downright piddly 250GB a month, which is quite a little for customers paying just shy of $123 a month for Internet access. Rogers slaps a $0.50/GB overlimit fee on this tier, with a maximum of $100.

That leaves super-premium customers feeling like they can take Rogers’ screaming fast Internet service on a 15-lane highway with a 250kph speed limit for around five kilometers before hitting the toll booth.

Maitreyi Krishnaswamy, Verizon’s head of FiOS TV admits she practically never watches live television — she records everything on her DVR first.

Krishnaswamy has been responsible for many of the interactive video services offered on Verizon’s FiOS TV platform, including on-screen apps, the media program guide, and how customers connect various devices to the FiOS television experience.

Now she’s directing Verizon’s consumer video services — deciding which channels make the lineup on FiOS TV and the networks available for streaming to mobile devices.

Krishnaswamy told the Tampa Tribune she recognizes the way Americans watch television has changed over the past few years, and she admits it has led to the “growing” trend of customers’ cord-cutting their cable TV subscriptions in favor of online viewing.

Krishnaswamy

“The question is: Is it growing enough for us? For us, it’s a matter of cord-cutters versus cord-shavers — people who switch to smaller tiers,” Krishnaswamy said. “Is the migration to a-la-carte enough that we can go that route? It has a way more important impact that just on them. It impacts how we negotiate TV contracts with studios. It’s not something we can do overnight, but definitely something we’ve been looking at.”

Verizon has made it clear it intends to compete for customers regardless of how they watch television, but Krishnaswamy signals the company is also considering protecting their core video business model, and would only say Verizon had no announcements to make “just as yet” regarding an Internet Overcharging scheme including usage caps and overlimit fees. Critics of data caps argue that limiting broadband usage prevents customers from taking their viewing experience online because it threatens consuming the majority of their monthly data use allowance.

But Verizon does not mind offering customers a TV Everywhere experience — streaming video content over its broadband network, so long as a customer also subscribes to its TV package. The company already offers live streaming television of many channels on its lineup and wants to bolster that with on demand content. Verizon also is experimenting with non-traditional set top boxes, and although Krishnaswamy had nothing to say about supporting the forthcoming Apple TV, she is actively working on improving how Verizon’s television service works away from the traditional company-provided set top box.

Some highlights:

• Verizon’s partnership with Redbox will let the company offer a new streaming and DVD rental service for customers, regardless of whether they live in a Verizon FiOS area or not. Customers will be able to access the service over mobile broadband, Wi-Fi, or any home broadband connection;
• Verizon will introduce an online viewing app for forthcoming versions of Amazon’s Kindle;
• The company has thus far only managed to secure streaming rights for in-home viewing and has run into difficulty getting content providers to let customers watch shows while on the go;
• Google Fiber is “interesting,” but Krishnaswamy doesn’t believe they are “a real operator” when only offering service in one city. She thinks the project is a good idea, however, because it forces competing providers “to increase your speed;”
• Verizon is considering simplifying its family of apps to reduce customer confusion. They currently have different apps for home security, home media, the remote control, and the program guide. Verizon wants its MyFiOS app to become a “super-app” that manages everything.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/TVnext Interview – Maitreyi Krishnaswamy Verizon FIOS 1-28-11.m4v[/flv]

Back in 2011, Maitreyi Krishnaswamy explained her thinking about where Verizon FiOS was taking the TV experience. Many of these applications have since been released, but Verizon — like most providers — still runs into brick walls with content providers getting licensing to allow more flexible viewing of content.  (12 minutes)