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The Justice Department has been quietly conducting a wide reaching investigation into whether cable operators are using Internet Overcharging schemes like usage caps and metered billing to squash online video competition, according to a report in this morning’s Wall Street Journal.

The Antitrust Division has spoken to major online video providers like Netflix and Hulu as well as cable operators, including Time Warner Cable and Comcast.

At issue are data caps — limits on how much a subscriber can use their broadband account.  Justice officials are exploring whether major broadband providers like Comcast and AT&T are using usage limits to protect their video businesses from cord-cutting — canceling a cable subscription to watch shows online.

Providers of online video like Netflix are particularly concerned about operators showing favoritism to their own video platforms. Comcast, for example, exempts partnered content from its usage allowance while continuing to count Netflix viewing against its cap. Comcast’s Xbox “free pass” is attracting particular attention in the Justice probe, in part because it could violate the merger agreement with NBC-Universal which requires the company to not discriminate against third party video content.

Some cable operators claim usage caps protect their networks from heavy users overwhelming their facilities. Comcast claimed its decision not to count Xbox video traffic against the operator’s monthly usage cap was fair because the video content did not travel across the Internet. Now the company has temporarily suspended  usage caps altogether in preparation for testing a new usage limit that also carries overlimit penalty fees.

Federal Communications Chairman Julius Genachowski last month publicly announced his support for usage limits and metered billing, describing both as innovative and enabling customer choice. The Justice Department probe would indicate otherwise, because it suggests customers are finding their options increasingly limited, possibly in violation of federal antitrust laws.

The Justice Department is also investigating the industry’s TV Everywhere project, which provides access to cable network online video exclusively to those with an existing cable television package. Most cable networks specifically prohibit online streaming of their live content, which itself might run afoul of antitrust rules.

The Journal notes Attorney General Eric Holder on Tuesday suggested he would like to be a cord-cutter himself, picking and choosing only the channels he wants to watch. At a recent Senate hearing, Sen. Al Franken (D-Minn.) said cable bills were “out of control” and consumers want alternative options to watch shows online. Holder responded, “I would be one of those consumers.”

Comcast’s claim that its Xfinity Internet is the “fastest in the nation” is demonstrably false and has led to a request by the National Advertising Division, a self-regulating industry group, that Comcast pull the ads.

The NAD found Comcast was basing its claim on this 2011 PC Magazine article that gave high ranks to Comcast, along with Cox and Charter, for fast download speeds. But PC Magazine‘s study failed to account for Verizon FiOS and other fiber broadband providers, who routinely deliver upload and download speeds far in excess of what Comcast can offer.

The report (Case #5463 — available only to subscribers), recommends that Comcast stop making the claims in markets where fiber networks like FiOS are available. Where the company does choose to run the ads, they should disclose the PC Magazine report as its source.

Comcast’s cable broadband can deliver faster speeds than traditional telephone company DSL, but fiber broadband can deliver much faster service with equal upstream and downstream speeds of up to 1Gbps.

Comcast said it would consider the NAD’s recommendations.

Comcast has a real deal for you.

The maximum fees Comcast can charge California customers are about to skyrocket as part of a general rate increase Comcast has announced for some areas effective July 1.

Comcast’s official notice of rate increases for certain cities in northern California show some fees up double, even triple, what customers used to pay for service.

The average Comcast California TV customer will pay 11 cents more a day for the company’s “Digital Starter” package. Xfinity’s “Performance” package, now $1.51 a day, will rise to $1.61 a day according to the Times-Herald newspaper.

The largest fee hikes come when customers arrange for a service call. Comcast will now charge $50 an hour for custom installation work (up from $33.75). Activating a pre-existing outlet for cable service during an installation increases from $7.75 to $25. If you call to activate an outlet after your service is installed, the price doubles that at $50.

Other increases will cover converter boxes, inside wiring, remote controls, and general service fees.

But Comcast spokesman Andrew Johnson tells the newspaper customers should ignore the rate increases, which he says can be avoided by shopping for a Comcast sale or promotional offer.

“You should look at it like an auto dealership’s list price on a car,” Johnson said. “No one pays that price.”

Comcast also urges customers to consider doing installation themselves, which often means no service fees. Johnson still calls Comcast Cable a bargain, even with the average 5.2% rate increase Comcast customers will pay for their ongoing service in the coming year.

Time Warner Cable and Comcast are facing class action lawsuits filed in California federal court alleging both cable operators retain Social Security numbers, credit card information and contact information after customers stop doing business with the companies.

The two lawsuits claim Comcast and Time Warner Cable are in violation of the 1984 Cable Communications Policy Act which, among other things, requires cable operators to “destroy personal information when it is no longer needed for the purposes for which it was collected (and there are no pending requests for access).”

According to the plaintiffs, both companies are retaining personal information about their ex-customers indefinitely, and are not sending required annual privacy notices to former customers disclosing this fact.

The CCPA allows individuals to collect $100 for each day the cable company is in violation of the law.

The lawsuit argues that this non-essential information exposes former customers to possible identity theft or illicit action by company employees that could potentially lead to unauthorized charges or account withdrawals.

That fear is not far-fetched. Just two weeks ago, GCI — a cable company in Alaska, found itself contacting at least 400 customers who had their personal financial information stolen by an employee.  Some customers were also contacted by their credit card issuers over incidents of unauthorized credit card charges.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/KTUU Anchorage GCI Warns Customers of Fraud 5-24-12.mp4[/flv]

KTUU in Anchorage reports a GCI employee accessed cable customer account information to commit identity theft and credit card fraud.  (3 minutes)