Verizon Wireless isn’t entirely rolling out the welcome mat for new iPhone customers.  PreventCAPS, one of our regular readers, dropped us a note indicating Verizon quietly added something new to the terms and conditions for new customers as of Feb. 3rd, which just so happens to coincide with the date the company started taking orders for the Apple iPhone — it reserves the right to throttle your speeds and “optimize” your browsing experience with caching and network management techniques that could reduce the quality of online videos and other bandwidth-intensive graphics.

Important Information about Verizon Wireless Data Plans and Features

As part of our continuing efforts to provide the best experience to our more than 94 million customers, Verizon Wireless is introducing two new network management practices.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit www.verizonwireless.com/vzwoptimization

If you subscribe to a Data Plan or Feature on February 3, 2011 or after, the following applies:

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

These kinds of “network management” techniques, which include speed throttles, reduced quality graphics, and caching (which can result in stale web pages being served to your mobile device), are all made possible by the Federal Communications Commission’s failure to implement Net Neutrality protections for wireless providers.  While Verizon stresses it will treat all content to the same network management techniques equally, the “improved” broadband experience Verizon claims to offer is more likely to improve the company’s bottom line from reduced spending on network upgrades.

Like most providers, Verizon isn’t willing to be specific about what amount of usage is likely to trigger the throttle, why it needs to be maintained for the remainder of the billing cycle even when network congestion is not a problem, and what speed customers will be stuck with for the rest of the month.

Broadband Reports reached out to Verizon for specifics and discovered the provider has not actually implemented these measures… yet:

“The notice yesterday simply reserves the right for new customers or renewing their contracts,” Verizon spokesman Jeffrey Nelson tells Broadband Reports. “We’re reserving the right to actively manage the network in specific ways should that need exist – and only for customers who are under contract that includes that provision,” he says. “Because this is down the road – if at all – it’s too early to tell what those triggers might be, or what throughput limitations would look like.”

Verizon may be concerned about the potential impact millions of data-craving iPhone customers will bring to its network in the coming weeks.  Existing customers with Android devices or Blackberry handsets are safe for now — the provision only impacts customers who sign new contracts as of last Thursday.

Verizon says it will retain its unlimited data option (with the right to throttle service) for a “limited time only.”

The Associated Press reports, and Stop the Cap! can confirm AT&T is allowing some of their long-standing customers to switch back to unlimited data plans, even if they gave them up after the company introduced cheaper, limited data plan options.

After our regular reader “PreventCAPS” sent word AT&T was relenting on some requests for unlimited data plans, we spent some time late this afternoon with Jim Scott, an AT&T customer from New Rochelle, N.Y. as he navigated his way through AT&T customer service trying to get back to an unlimited data plan.

“When AT&T offered customers new, cheaper data plans, I never knew those replaced the unlimited option and I thought I could save some money downgrading to a cheaper data option,” Scott told us.

But Scott discovered the plan allowances he got didn’t save him money at all, because he exceeded them.

“I am a contractor and I spend all day on my phone moving large image files and even video of work being done on the properties I manage,” Scott says.  “Two gigabytes didn’t cut it.”

Scott tried to switch back to his unlimited plan this summer, but was told he could not, as it was no longer offered.

Enter Verizon Wireless, which is keeping its unlimited service plan at least temporarily as it introduces the Verizon iPhone.  Verizon’s imminent iPhone has become leverage for customers who want to turn the tables on AT&T.

“Thanks to AT&T’s greed, I had already made the decision to dump them for Verizon when my contract ends in February,” Scott says. “AT&T works fine in this part of New York, and the only reason I am leaving is because they don’t have a wireless data plan that met my needs.”

We worked with Scott and suggested he threaten to cancel his AT&T service and walk his future business to Verizon Wireless.  We asked him to make sure to tell AT&T the reason he was planning to cancel his service was because of the end of unlimited data option.

On a three-way call with AT&T customer service, AT&T promptly offered to restore Scott’s access to its discontinued unlimited data plan.

“All I had to say was ‘Verizon’ and ‘iPhone’ and the customer service representative immediately starting clacking away on her keyboard, and I had my unlimited data plan restored in less than five minutes,” Scott said.

The AP reports the key to success is having been a previous subscriber to AT&T’s unlimited data option.  New customers who signed up after June 2010 never had that option, and AT&T has refused to offer unlimited data to these customers.

Because newer customers are under relatively new contracts, actually following through on a threat to drop AT&T is an expensive proposition with early termination fees still well into the hundreds of dollars.  For those closer to a penalty-free exit, AT&T recognizes many of these customers already have one foot out the door.

Jose Argumedo, of Brentwood, N.Y., told the AP he and a friend were switched to an unlimited plan recently after they called AT&T’s customer service. Both have iPhone 4s, and previously had earlier iPhone models.

AT&T spokesman Mark Siegel wouldn’t confirm the option to return to an unlimited plan.

“We handle customers and their situations individually, and we’re not going to discuss specifics,” he said.

Scott says he is comfortable with his iPhone, but getting back an unlimited data plan was more important than the handset.

“If I can use the iPhone as leverage against these guys, why not?” Scott says.  “They’ve had me under their thumb for more than six months now with overlimit fees — now the table is turned.”

Stop the Cap! advises customers who want to follow in Scott’s footsteps get organized before calling:

1. Be sure to note the number of years you have been an AT&T customer;
2. Explain you used to have unlimited data and now want that plan back;
3. Tell them you are prepared to drop AT&T, even at the risk of a cancellation fee, if they don’t restore your access to the unlimited data plan.

If a representative is unable to make the switch, or doesn’t have information about how to switch you back, ask for a supervisor or hang up and call back.

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.

Unless you own Sprint’s premiere smartphones — the Evo 4G and the Epic, get out your wallet — Sprint is increasing the price on its unlimited data plan by $10, effective later this month.

Evo and Epic owners already pay the $10 “premium data” fee that will be extended to all smartphone customers Jan. 30 (customers on existing contracts will not be affected).

The reason for the price increase?  Heavy usage on its wireless network, which partly includes Virgin Mobile (ending its unlimited service Feb. 14) and Clearwire, which heavily throttles speeds of customers deemed to be “using too much.”

Chief executive Dan Hesse says Sprint will retain its unlimited service plans, which the company calls the best value in the wireless industry.  But the pricing change will present minor challenges as Sprint markets themselves as the least costly.

Sprint's marketing focuses on its unlimited use offers, some of which are about to get more expensive.

Sprint’s “Everything Data” plan, which also includes unlimited cell-to-cell calls will now cost $79.99 per month.  Comparable plans from T-Mobile are priced at $99.99 for that company’s 4G network and $119.98 on Verizon Wireless’ slower, but more ubiquitous 3G network.

“Sprint has been the price leader in the market,” said Jennifer Fritzsche, a Wells Fargo & Co. analyst in Chicago who has an “outperform” rating on the stock. “Sprint may be more confident in the pricing power it has with customers.”

The Wall Street Journal also shares positive views of the price increase from Wall Street:

Wall Street applauded the move, with many seeing it as a sign of pricing power returning to the wireless industry. “It is more likely that Sprint believes that consumers value unlimited and that they can get away with higher pricing,” said Jonathan Chaplin, an analyst at Credit Suisse.

The price hike also suggests that Sprint has seen stronger smartphone growth over the past three months, he added, noting that the carrier likely wouldn’t have made the change if it were still concerned about stabilizing its base on contract customers.

But some other analysts are less impressed with Sprint, especially because of challenges the company faces with its Clearwire partnership.

Patrick Comack from Zachary Investment Research has downgraded Sprint stock, particularly because of technology issues Clearwire faces.

Comack told CNBC Clearwire is stuck with defective spectrum for much of its wireless broadband service.

“It can’t penetrate walls,” Comack said, noting most Clearwire customers are trying to use wireless broadband in the 2GHz range, which presents plenty of problems from obstacles between the tower and the customer.

Comack also believes Sprint’s network simply cannot compete with Verizon Wireless, which he suspects could pick up a number of Sprint customers once it fully activates its 4G network nationwide.

Verizon Wireless network delivers significantly better coverage than Sprint, which focuses on urban and suburban markets, and the major highways that connect them.

[flv]http://www.phillipdampier.com/video/CNBC Sprint 1-12-11.flv[/flv]

CNBC: Debating Sprint and Clearwire, with Todd Rethemeier, Hudson Square Research and Patrick Comack Zachary Investment Research.  (6 minutes)

(Thanks to Stop the Cap! reader PreventCAPS for sharing the news.)

"This will never end well."

Stop the Cap! and our allies Free Press teamed up to expose Frontier’s usage limits for what they are — a broadband ripoff.

KOVR-TV in Sacramento ran an excellent piece on Frontier’s latest embarrassing screw-up: driving their declining landline broadband customers away with unjustified and arbitrary usage caps.

One new piece of the story: Frontier could bring its usage rationing sideshow to a community near you.  As Stop the Cap! informed readers from the beginning, the company has quietly been tracking customers’ usage, looking for outliers they can suggest are using too much.  Now the company says it is ready to drop the hammer on heavy users.

Stephanie Beasly, Communications Manager — Frontier Communications:

“The company letters were sent to customers that are using an excessive amount of the network. Well beyond any reasonable amount for an average user and significant enough to negatively affect other customers’ user experience.

The letters are meant to communicate to these customers that their usage is in excess and we would like to work with them to adjust their plan or their usage. In most cases our customers were not aware of their usage patterns and are willing to work with us to adjust their plans to fit their lifestyles. We do not have a customer capacity on our network. We are looking to work with these customers to help prevent degradation on our network to ensure the customer experience.

The pricing structure was put in place to help us maintain the network experience for all customers. If you choose to use a significant amount of bandwidth we believe you should pay for the service accordingly.

The letters were sent to four markets across the company. We routinely review network usage patterns and these users jumped out as consuming an inordinate amount of bandwidth, enough to negatively affect other customers’ user experience.

All of Frontier markets are reviewed for usage patterns as the markets receiving the letters were reviewed. These specific markets were not targeted.

The customers using an excessive amount of data negatively impact the network for other users. Preventing us from providing adequate bandwidth to all of our users during peak and non-peak times.”

There is less and less to like about Frontier Communications, despite the fact they plan to deliver broadband service to rural Americans unlikely to see it from anyone else.  We’re glad someone is willing to provide the service, but 1-3Mbps broadband with arbitrary usage limits and potentially confiscatory pricing ($250 a month for residential customers), is a trade the devil might make.

Stop the Cap! will continue to organize opposition to Frontier’s foolish pricing schemes wherever they appear.  We will help customers find an alternate provider wherever possible, preferably one that remembers a customer should be treated like gold, not mined for it.

In suburban Sacramento, we highly recommend SureWest — a fiber-to-the-home service provider that not only has no Internet Overcharging scheme, but provides service at speeds that frankly embarrass Frontier’s last-century DSL.  They will even cover up to $200 of any early cancellation fee Frontier charges (and if Frontier tries, we want to know about it).

Our reader, Mr. Brown, was pleasantly surprised to find that SureWest’s speeds just blow Frontier out of the water.  He’s saying goodbye to his 6/0.5Mbps DSL line from Frontier and hello to 25/25Mbps service from SureWest that will also save him $10 a month!  He is also happy to see the back of Frontier’s Overcharging Nanny telling him to get off the Internet.

“[These caps] are a slippery slope and Internet providers need to know that action such as these will result in lost profits,” Mr. Brown wrote on KOVR’s website.  Departing customers typically drop -all- of their Frontier services, costing the company landline revenue as well.

Indeed, Frontier continues to lose more landline customers than its adds, and bungling policies like overcharging for Internet service will only accelerate the departure of angry customers.

Unfortunately, Frontier’s failures extend way beyond their broadband service.

The golden parachute for some, just not for you.

Frontier’s way of doing business has:

• given customers one more reason to cancel their landline service;
• ruined a fiber-to-the-home service that a child should be able to market successfully;
• irritated subscribers with “price protection agreements” that are little more than tricks and traps — delivering all of the protection to Frontier’s bottom line and making you pay the price;
• destroyed what few reasons remain for customers to waste their time with DSL broadband wherever cable or municipal providers exist;
• delivered big dividends and results only to shareholders, siphoning away important financial resources needed to upgrade their facilities.

In Everett, Washington Frontier cannot even manage the steady flow of customers canceling FiOS video service after news of a shocking $30 a month rate increase.  After telling customers they should “upgrade” their Frontier service to DirecTV satellite, those customers that tried encountered news that DirecTV never heard of the promotion Frontier was offering:

Two hours on the phone, six customer service people and a disconnected call — it wasn’t the introduction to DirecTV that one local man had hoped.

A FiOS television customer, Rick Wright sought to take advantage of an offer made last week by Frontier Communications and its partner, DirecTV.

[…]When Wright called initially, the Frontier customer service person was familiar with Frontier’s offer and transferred Wright to DirecTV to get an installation date before cancelling his FiOS TV service. At DirecTV, Wright spoke to six people over a two-hour span before being disconnected. Wright called back to DirecTV the following day only to be told that he was misinformed about the offer. Frontier spokeswoman Stephanie Beasly said Thursday that she was taking care of Wright’s problem.

On Friday, more than a week after Frontier first announced its new offer, Wright said his television service still remained up in the air. Several other FiOS television customers in Snohomish County reported difficulty in getting the free DirecTV offer.

Late last week, Frontier acknowledged some miscommunication between the company and its partner, DirecTV. On Thursday, Beasly said she believed those issues had been resolved. She did not return a request for further information Friday.

DirecTV spokeswoman Jade Ekstedt suggested in an e-mail that FiOS customers should contact Frontier directly for assistance.

“The offer … is a valid Frontier Communications promotion that includes DirecTV service, and DirecTV always works with its partners on valid offers that they introduce into market,” Ekstedt wrote, when asked whether DirecTV is honoring Frontier’s offer.

Complaints are arriving at a steady pace, reports the Washington State Attorney General’s office.

This is a story that never ends well.  But don’t worry — the executives responsible for the notorious bungling have their spots on the compensation lifeboats already reserved.  Too bad customers will likely go down with the ship.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KOVR Sacramento Call Kurtis Bill May Triple For Excessive Internet Usage 1-13-11.mp4[/flv]

KOVR-TV in Sacramento worked with Stop the Cap! and Free Press to develop this story about Frontier’s unjustified Internet Overcharging schemes.  (4 minutes)