Frontier’s webmasters have been working overtime today apparently doing some damage control, as well as issuing some clarifications about their new usage caps.   But like much of the mixed and muddied message customer service representatives are sending customers, the website now contains several inconsistencies and contradictions between the product description page and the Acceptable Use Policy.

Because of the changing story, we’ve decided to begin capturing and saving select pages from Frontier’s website and will be adding them to a new Reference Library under construction.   From there, you can download and save Adobe PDF versions of captured web pages, dated for your convenience.   Unfortunately, with the shifting positions of Frontier, what may be on the website today may be gone tomorrow.   If engaged in an effort to cancel service, it may be useful to have some of these pages available to reference, because customer service representatives may not be able to locate them.

Let’s breakdown what has changed in the last 24 hours.

First, it’s obvious readers are making a difference.   Frontier realizes they have a public relations problem on their hands of their own making.   The complaint calls and cancellation requests have clearly made an appropriate impact on the company, although not to the point of shelving the idea of a usage cap.   The company has instead decided to try and manage the story more carefully in hopes of controlling the message.   Unfortunately for them, as long as they want to impose caps on customers, we will be here to debunk the fictional excuses, expose the inconsistencies, and educate consumers about why they should not be convinced that less equals more.

Second, the original Acceptable Use Policy dated July 23, 2008 for residential customers remains in place:

Customers must comply with all Frontier network, bandwidth, data storage and usage limitations. Frontier may suspend, terminate or apply additional charges to the Service if such usage exceeds a reasonable amount of usage. A reasonable amount of usage is defined as 5GB combined upload and download consumption during the course of a 30-day billing period.

This is now in direct contradiction with a new section attached to the product information page for the residential DSL product, which includes this new language:

If I hit 5GB will my service be interrupted?
No. Your service will not be interrupted at 5Gb. You will continue to use our High Speed Internet service without disruption.

Does Frontier plan to limit my use of the Internet?
No, there are no plans to limit customer usage. On average a Frontier High-Speed Internet customer uses less than 1.5GB per month. Frontier residential High-Speed Internet service comes with 5G per month (about 5,000 Megabytes), which is more than double the monthly consumption of most of our subscribers.

We appreciate the company’s apparent new policy not to suspend or terminate accounts for exceeding their 5GB usage cap, but their Acceptable Use Policy requires immediate revision to ensure consistency.

Third, the newest promotional page includes this laugh-out-loud passage.   If you are seriously considering imposing a draconian usage cap of 5GB, which is obviously so unacceptable to a significant number of your customers that are calling to complain and cancel service, maybe this passage  is just pushing things a little too far:

We all love the Internet, and Frontier is committed to offering you all the bandwidth you need and want to take full advantage of the Web! Our basic residential Internet packages offers 5GB usage — that’s the equivalent of 500,000 basic text e-mails, 2,500 Photos, 40,000 Web Pages, over 300 Hours of Online Game Time, 1,250 downloaded songs, or a mixture of the above!

This kind of writing convinces me the folks in Frontier’s Marketing Department have finally joined the party.   Welcome aboard, but remember, if customers were upset enough to protest a 5GB usage cap, rubbing it in their face by telling them you love the Internet and are committed to offering all the bandwidth “you need” (if the year is 1988 and you have a 1200bps dial-up modem) will be seen as fighting words.   Telling customers 5GB a month lets you take full advantage of the Web is fine, if you never do anything except browse low density web pages.   Maybe we can Gopher and Telnet some things as well.   Somehow I doubt the marketing people will understand the irony of either.

The rest doesn’t get much better.   If Frontier wants to learn more about The Internets, they can use The Google to read about average customer reactions to broadband user caps and exactly what defines a “power user.”   Someone who exceeds 5GB a month hardly qualifies.   Also, another inconsistency:  If Frontier has not implemented a usage cap plan, then why does the language implementing it remain in the Residential Acceptable Use Policy?

What are “bandwidth caps” and what does it mean for Internet users?
“Caps” are thresholds where Internet Service Providers could deem usage in excess of “normal” usage. For the majority of our users, bandwidth caps will not be reached. However, some users have multiple servers or computers or download huge files that demand large amounts of available bandwidth. In response to these “power users,” the industry is moving toward “tiered usage” plans that would be applicable when consumption reaches certain bandwidth levels. This type of plan would result in heavy users paying for their fair share of usage and will make sure that average users do not subsidize high-usage consumers. Other Internet Service Providers like Comcast and Time Warner are testing these tiered usage plans. Frontier has not implemented tiered usage plans and will continue to evaluate if and when they would be necessary. If and when Frontier implements a tiered usage plan pricing and usage information will be communicated to all High-Speed customers.

Before we go, let me add there is a bit of good news from Frontier today, which is to their credit, assuming they publish this policy in the form of a written guarantee to customers, which amend their term contracts to assure them this language will remain in place regardless of if it appears on the website or not.   Until a written assurance is in hand, a promotional  blurb on a product description page is  insufficient to make me withdraw my recommendation to cancel service within the 30 day opt-out window:

If Frontier rolls out tiered usage plans, will my Pricing / Plan change if I am on a Frontier Price Protection Plan?
Pricing for customers on Frontier’s Price Protection Plan will not change during your initial term commitment if we roll out tiered usage plans.

This language should be slightly modified to state that any overage fees for bandwidth in excess of 5GB do not apply to Frontier Price Protection Plan customers, and that no penalty or disruption in service will occur if a customer exceeds the 5GB usage cap planned for more  formal implementation in the near future.   Assuming that language is in place, it means that customers on a 12-36 term commitment will not have to worry about any usage caps and they will not apply to them for the remainder of their contract. But, again, an inconsistency remains here as well.   The Acceptable Use Policy clearly states the 5GB limit is in place right now.   Further reference to this should also be included on the Terms & Conditions page, which also contains the opt-out clause, to clarify that usage caps do not apply to customers with a contract that does not specifically include them.

Stop the Cap! continues to call on Frontier to discard the usage cap limitation altogether.   Next week, we’ll have some better ideas for Frontier to consider that will not alienate their customer base and positions them to begin competing more effectively in their service areas.

This article was updated at 11:58pm, August 6, 2008 and replaces language from an article entitled “Breaking News” posted earlier this evening.

Stop the Cap! has obtained new evidence outlining the scheduled implementation of Frontier’s new usage cap, its rationale, and how the company intends to convince customers that a usage cap is right for them.

New documents  made available exclusively to Stop the Cap! show a company relying on highly questionable, possibly manipulated data to argue for usage caps, at a time when many cap opponents have accused the broadband industry of fixing the facts around the narrative of  a need for metered Internet service.   The documents also raise new questions about whether company officials are using actual Frontier usage data, which we easily obtained from our own sources, or if they are simply telling a different version of reality to their employees.

The Implementation Plan

Despite the representations by Frontier customer service made to several readers of Stop the Cap!, there definitely is a 5GB usage cap, as published on the company’s website.   However, sources tell us the wording of the usage cap announcement may not have been completely vetted by company officials, and its appearance may have been premature.   The company has started to tweak the language on the page, perhaps in response to the predictable backlash, now adding language to tell customers they will not  be charged any overuse fees or face service interruption if they exceed the cap at this time.

Company officials are following a careful plan, the details of which we have obtained,  to roll out the usage cap in Frontier service areas,  starting with notification of the “problem of bandwidth usage” in a newsletter to be mailed to customers in September, stating Frontier’s position on the problems of bandwidth consumption and inviting a dialogue on the issue.

Company officials will also continue to  use the same flawed statistics published on their website to give customers a measure of what 5GB of usage constitutes.   No independent evidence backing up their claim of a bandwidth consumption problem, or the actual impact on Frontier’s network, or their resulting costs, will be provided to consumers.

With the ultimate outcome already pre-determined by company officials, the implementation of a 5GB cap is already underway across all of their residential DSL product lines (which vary according to speed provided).   Company officials will also conduct focus group testing and further marketing research in an effort to determine how to market the new service limitations, and convince customers that a 5GB  monthly cap is a reasonable and fair solution.

The company will also announce bandwidth measurement tools available to subscribers starting in 2009, so they can monitor just how rapidly they will exceed Frontier’s usage caps.

Customers exceeding 5GB per month will eventually be offered an option to consume more bandwidth at yet-to-be-determined rates, but there are questions as to whether an unlimited consumption plan will ever be available from Frontier.

The rationale for the cap, outlined in different documents  supplied to Stop the Cap!, varies according to who the document’s audience is.   Customer service personnel are being told the usage cap is a result of excessive bandwidth consumption.   But another document emphasizes the increased revenue potential a capped DSL product provides.

This raises new questions about whether the usage cap is truly intended to be a reasonable solution to their claims of a “broadband crisis,” or a financial rescue plan to enhance profits and offset substantial losses from their other divisions, particularly traditional telephone service.   Company officials draw direct lines between the  growing returns available from broadband services and how that revenue has become increasingly important to company profits as well as shareholder value and return in a difficult economic environment.

It’s a win-win for any company that can successfully increase profits, decrease investment in infrastructure, and convince customers that the resulting dramatic reduction in service represents a  positive change.

“The average customer uses less than 1.5GB per month”

Remarkably, Frontier has told employees that the average customer uses less than 1.5GB of usage per month. But Stop the Cap! has seen company data which suggests otherwise, and that raises questions as to whether company management is really aware of the actual usage profile of their customers, or if they are simply not disclosing the facts to employees now forced to defend their 5GB “solution.”

For instance, we have noted that in just one division, Elk Grove, California, more than 40% of customers already well-exceed 5GB of usage per month, often consuming more than 20GB of usage.   In other divisions, the numbers tell a story wildly different from what Frontier management is telling their employees.

We’ve also seen figures that illustrate the myth of the “bandwidth hog.”   While every division has stories of a handful of heavy users obviously running a torrent client or server 24 hours a day, which can consume hundreds of gigabytes of usage over a  month, there is absolutely no evidence those users represent a growing percentage of Frontier’s customers.   Additionally, Frontier’s existing acceptable use policies already provide avenues for the company to address those engaged in prohibited activities without punishing their entire customer base.

In fact, the company’s own research shows broadband usage growth increasing, but at a largely even rate, as customers begin to take advantage of new broadband-tailored services, such as streaming video.

It’s also notable Frontier has a partnership with Netflix to provide new customers with the benefits of a Netflix membership when signing up to a Frontier product bundle.   Ironically, Netflix is launching a new service to deliver video content to subscribers who use a home terminal sold by the company that connects to their broadband service.   Frontier customers attempting to use the service will exceed their usage cap just using the service a few times per month.

The overall Internet bandwidth growth pattern is comparable across many providers, and is not out of line with historical averages.   To be sure, the Internet is rapidly growing, but so are the resources to manage that growth.   Many costs, such as bandwidth, are actually declining, particularly for the industry’s largest players on a “per-gigabyte” basis.

Maggie Wilderotter, CEO of Frontier Communications, uses numbers that simply don’t add up:

Broadband usage consumption at Frontier in on track to increase by 100% year over year. It is important to note that close to 80% of our customers will NOT REACH the 5 Gb cap for several years.

Let’s do the math.   Using their own figures, which are disputed by their own internal numbers, let’s discover what “several years” equals in Frontier time:

Frontier’s Predicted Usage Trend

January 1, 2008   Customer utilizes 1.5GB usage
January 1, 2009   Customer utilizes 3GB usage
January 1, 2010   Customer utilizes 6GB usage

If you are a Frontier DSL customer in western New York, even relying on their numbers disclosed to employees, by the time you are finished raking your leaves in the fall of 2010, you will already be considered a “bandwidth hog” by Frontier, subject to overuse penalties.

We’re Doing This Because They’re Doing It

Prominent among Frontier’s reasons for implementing a bandwidth usage cap is that other companies are doing it.   As Stop the Cap! has observed, the lack of competition in many areas has allowed a duopoly of broadband providers to emerge, easily allowing for both companies to mirror rate increases and restrictions without fear of mass subscriber defection.

Frontier also complains it is forced to invest millions of dollars in their network and infrastructure as a result of Internet growth.   Their latest 10-Q SEC filing suggest a lower amount, but regardless, these kinds of investments have always been a factor in broadband services.   Independent research of bandwidth usage illustrate the trends are completely in line with well-predicted trends made several years ago without panic from bandwidth providers, and many of these costs also come from broadband subscriber growth, which Frontier itself trumpets as a success in its messages to employees.

The challenge Frontier faces is that it remains a small player in a narrowing field of large national providers.   Larger companies with more resources enjoy greater economy of scale in both equipment and bandwidth costs, and the ability to leverage multiple services (video, telephone, and very high speed data) over a high capacity fiber optic or hybrid fiber/coaxial network.   Those stuck with aging copper wire on telephone poles are at an immediate disadvantage.

Frontier recognizes these challenges, and has managed to find the financial resources to continue acquiring additional companies to incorporate into its portfolio, most recently including Commonwealth Telephone Enterprises,  Inc. ($1.1 billion), Global Valley Networks, Inc. and GVN Services through  a purchase from Country Road Communications,  LLC ($62 million).   It’s also attempting to build its own fiber-to-the-home network in limited areas, typically in new housing developments or apartment buildings.

As  Stop the Cap! will reveal in an exclusive report later this week, Frontier and other traditional wireline telephone companies are rapidly losing revenue from traditional telephone subscribers as they disconnect service, relying on their wireless phone or competing voice over IP telephone services.  Broadband remains a shining beacon in a sea of economic challenges the traditional telephone company industry faces. The push for profitability of this successful product line is becoming more critical than ever.   Limiting subscriber use enhances those profits.

Run The Clock Out On The Contract Customer

Frontier’s customer service representatives have been told to resist efforts by consumers with term contracts with the company to pursue their right to terminate service without incurring any early termination fees.   We have learned that customer service representatives have been instructed to tell customers trapped in multi-year DSL contracts that  Frontier is not currently enforcing a usage cap, so there is nothing for them to opt-out from.

But as Stop the Cap! has already reported, customers under contract have the right to exit that contract if the company unilaterally attempts to change the terms.   Frontier’s own marketing tells customers a “price protection agreement,” a feature of a term contract, protects them from price increases for the balance of the contract.   But with a 5GB usage cap, those exceeding the cap face significant penalties or overage fees for doing so beginning as early as next year.   Where’s the price protection?

Through an opt-out procedure the company includes in its terms and conditions, customers have 30 days to notify the company it does not accept the material change a 5GB usage cap represents to their contract.   After 30 days, continued use of the service constitutes acceptance of the new terms going forward under an existing contract.

Until Frontier guarantees in writing that a customer under contract will be exempted from any usage cap or corresponding overage fees for the balance of their contract, we continue to recommend the consumer cancel their contracts within the 30 day window that opened on July 23, 2008 when the company first published a notice to customers of the 5GB usage cap.

“We want to establish a dialogue with customers.”   OK, Here’s What We Have To Say

Although the company claims to want to take the time to engage in a dialogue with customers, their actions thus far have largely been in one direction.   In the material we were able to review, it’s clear the company has already determined exactly what steps it plans to take and has a timeline for doing so.   The only thing left is the focus group and market research to try and find a way to sell their customers on their plans and do damage control.

Stop the Cap! continues to urge Frontier, a secondary competitor in many markets, to reconsider their plans to implement this usage cap.   In addition to cannibalizing your own customer base, who will flee in greater numbers to competitors as consumers become educated about the impact of such caps, this kind of usage capped service at current pricing attracts regulatory review of the current state of broadband service in this country.

More importantly, this may well represent the biggest missed opportunity to deliver a marketing win for Frontier in the history of the company.   DSL has managed to survive against cable competition because it is willing to compete on price, even if it cannot always match the speeds that cable and fiber optic platforms can deliver.   To survive in this marketplace, being willing to deliver that lower price and more flexibility is the only way DSL can ultimately succeed in areas where a faster competitor is available.

A 5GB capped DSL service in metro Rochester against Road Runner guarantees the end of Frontier DSL as a meaningful player in that market, especially if Time-Warner capitalizes on the cap in their marketing, which is likely.   In areas where Verizon FiOS is rolling out service, Frontier employees should be updating their resumes and start looking for work elsewhere.   Your career path at Frontier ends where Verizon’s unlimited, extremely fast, and competitively priced fiber optic broadband network begins.

It’s not too late to make the right choice and plug into the reality of today’s broadband marketplace.  That’s our dialogue to you, with the sincere hope Frontier executives will pick up what we’re putting down before the last customer out the door switches off the lights.

Coming Up Tomorrow: How Frontier Competes With Time-Warner & Other Providers
Friday: Frontier’s Losses Accelerate in The Phone Line Business
And next week: Undoing the Damage; Becoming a More Effective Competitor & Customer Reaction to Frontier’s Bandwidth Cap Plans

Vint Cerf, “Chief Internet Evangelist” for Google’s Public Policy Blog, raised objections and concerns about the broadband industry’s efforts to impose “consumption-based billing” on customers.

Cerf noted plans by several cable operators to test usage caps in an effort to manage their Internet traffic.

“At least one proposal  has surfaced that would charge users by the byte after a certain amount of data has been transmitted during a given period, […] a kind of volume cap, which I do not  find to be a very useful practice,  ” said Cerf.

“Given an arbitrary amount of time, one can transfer arbitrarily large amounts of information,” he said.

Excerpt: “Network management also should be narrowly tailored, with bandwidth constraints aimed essentially at times of actual congestion. In the middle of the night, available capacity may be entirely sufficient, and thus moderating users’ traffic may be unnecessary. Some have suggested metered pricing — charging by the megabyte rather than flat fee plans — as a solution to congestion, and prices could be adjusted at non-peak periods. These kinds of pricing plans, depending on how they are devised or implemented, could end up creating the wrong incentives for consumers to scale back their use of Internet applications over broadband networks.”

To date, the two largest cable broadband providers, Comcast & Time-Warner are already considering moving to a consumption-based billing system, but with no decrease in existing rates.   Instead, customers exceeding those usage caps will find overage charges on their monthly bills.

Several DSL providers, most notably Frontier Communications, have already imposed even more draconian usage caps on their customers; Frontier now limits DSL customers to just 5GB of traffic per month.

With the imposition of a 5GB monthly cap across their nationwide service area, consumers might find it useful to break down the cost of what different broadband services charge for service per gigabyte, and what kinds of profits companies can expect to receive from those charges.   The average cost of traffic for most national broadband providers amounts to pennies per gigabyte transferred.   But what will you pay?

Frontier offers different pricing across several promotions, ranging from $19.99-$49.99.   The lower priced tiers correspond with service contracts that require multi-year commitments, with a substantial penalty for early cancellation.   They also charge a monthly modem rental fee (MRF) of $3.99.   In some areas this fee is levied even if you wish to use your own DSL modem.   Since this fee is universally imposed in many areas, its cost has been included in the price breakdown.   Excluded from the review are additional taxes, surcharges, and fees which are imposed by various taxing authorities but are outside of Frontier’s control.

Frontier High Speed Internet Cost Review
(per  GB downloaded,  5GB per month)

Your Monthly Price      Per GB     Frontier Pays Per GB
$49.99 + $3.99 MRF      $10.80            less than 10c
$39.99 + $3.99 MRF      $ 8.80            less than 10c
$29.99 + $3.99 MRF      $ 6.00            less than 10c
$19.99 + $3.99 MRF      $ 4.00            less than 10c

The cost for watching an average 4GB high definition DVD quality movie over Frontier DSL is $43.20.   One DVD will be all you get, because any more than that puts you over the limit.  With a growing number of Americans using the Internet to access multimedia content online, exceeding 5GB of usage per month is easier than ever.

Stop the Cap! challenges Frontier to make public their own study which sources have told us show up to 40% of their existing customers already exceed 20GB of usage per month using Frontier DSL.   How does the company justify calling nearly half of their loyal customers bandwidth piggies and abusers?

Since low usage customers represent enormous profits for broadband providers, as the above chart illustrates, kneecapping the average user and beheading the high bandwidth customer with a draconian limit on monthly usage allows Frontier to vastly expand profits.   As their own financial reports to shareholders illustrate, Frontier’s investment in their network does not come close to corresponding with the massive profit taking a 5GB usage cap allows.

Cherry pick the weekend e-mailer and occasional web browser, throw everyone else under the nearest bus, and  high five one another all the way to the bank.   That’s the Frontier way.