Phillip "No, I won't take your word for it" Dampier

Did you realize if you are pro-Net Neutrality, you’re probably pro-piracy and a broadband hog?  That’s the new low achieved this past week by Net Neutrality opponents who are spending millions trying to protect their broadband fiefdoms from any regulation.  But even if they lose their fight to stop Net Neutrality when they find consumers won’t accept a throttled “network managed” broadband future, providers will be “forced” to control those dirty pirates and broadband hogs with usage limits and overlimit fees to help “pay for network expansion.”

It’s why Net Neutrality and Internet Overcharging schemes like usage caps and “consumption billing” go hand in hand.  What providers can’t profit from on one end they’ll try from another.

Longtime readers of Stop the Cap! already know how this scam works.  Canadian broadband users got stuck with both: speed throttles -and- usage caps and overlimit fees.  Assuming purposely throttled speeds are banned by Net Neutrality policies, simply under-investing in network expansion, despite the rampant profit-earning capacity broadband delivers, gets us to the same place — throttled speeds from overcongested networks and a convenient excuse to impose usage limits and other control measures to more “fairly” provide service to every customer.  Best of all, providers can pocket the overlimit fees charged to customers who exceed their allowance and train them to use less broadband with fears of more stinging penalty fees on their next bill.

Back in 2008, when Stop the Cap! launched, we challenged providers to provide the raw data to prove their assertions that they needed to impose formal limits and so-called “consumption-based billing” and abandon the lucrative flat rate pricing model that earns them billions in profits every year.  Of course, they have always refused, citing “competitive reasons,” “customer privacy,” or some combination of laws that supposedly prohibits any third party analysis.  Of course, they’re only too happy to characterize usage themselves, and we’re supposed to trust them — the same people that want to use that data to justify Internet Overcharging schemes.  Independent analysis?  When broadband pigs fly!

Now, telecom analyst Benoit Felten from the Yankee Group is asking the same questions on his Fiberevolution blog and issuing a challenge:

So here’s a challenge for them: in the next few days, I will specify on this blog a standard dataset that would enable me to do an in-depth data analysis into network usage by individual users. Any telco willing to actually understand what’s happening there and to answer the question on the existence of hogs once and for all can extract that data and send it over to me, I will analyse it for free, on my spare time. All I ask is that they let me publish the results of said research (even though their names need not be mentioned if they don’t wish it to be). Of course, if I find myself to be wrong and if indeed I manage to identify users that systematically degrade the experience for other users, I will say so publicly. If, as I suspect, there are no such users, I will also say so publicly. The data will back either of these assertions.

Felton’s co-author Herman offers his assessment:

Unfortunately, to the best of our knowledge, the way that telcos identify the Bandwidth Hogs is not by monitoring if they cause unfair traffic congestion for other users. No, they just measure the total data downloaded per user, list the top 5% and call them hogs.

For those service providers with data caps, these are usually set around 50 Gbyte and go up to 150 Gbyte a month. This is therefore a good indication of the level of bandwidth at which you start being considered a “hog”.  But wait: 50 Gbyte a month is… 150 kbps average (0,15 Mbps), 150 Gbyte a month is 450 kbps on average. If you have a 10 Mbps link, that’s only 1,5 % or 4,5 % of its maximum advertised speed!

And that would be “hogging”?

The fact is that what most telcos call hogs are simply people who overall and on average download more than others. Blaming them for network congestion is actually an admission that telcos are uncomfortable with the ‘all you can eat’ broadband schemes that they themselves introduced on the market to get people to subscribe. In other words, the marketing push to get people to subscribe to broadband worked, but now the telcos see a missed opportunity at price discrimination…

TCP/IP is by definition an egalitarian protocol. Implemented well, it should result in an equal distribution of available bandwidth in the operator’s network between end-users; so the concept of a bandwidth hog is by definition an impossibility. An end-user can download all his access line will sustain when the network is comparatively empty, but as soon as it fills up from other users’ traffic, his own download (or upload) rate will diminish until it’s no bigger than what anyone else gets.

Rep. Eric Massa (D-NY) has a better idea to stop Internet Overcharging: the Broadband Internet Fairness Act (HR 2902), which would ban unjustified billing schemes for broadband

The arbitrary nature of what constitutes a “hog” invalidates providers’ arguments at the outset.  Frontier defines a hog as someone who consumes more than 5GB.  Comcast sets their definition of a broadband piggy at 250GB.  The gap between the two is wide enough to allow a small planet to slip through unencumbered.

If a consumer does all of their downloading from midnight to six the following morning, are they as much of a hog on a shared cable modem network as the user watching Hulu during prime broadband usage time?  Probably not.  If a cable provider tries to force too many homes to share the same finite amount of bandwidth available in a designated area, service will slow for everyone during peak usage times.  But nobody will notice or care if customers are maxing out their connection in the middle of the night.  The appropriate answer, especially for an industry that enjoys enormous profits, is to expand their network to maintain basic quality of service at peak times.  DOCSIS 3 upgrades for cable are cost efficient, flexible and often profitable, because providers can market new, premium-priced speed tiers to those who want cutting edge service.

Instead, some providers see delaying upgrades as a better answer, enjoying the cost savings that follow implementation of usage caps, limits and other overcharging schemes which artificially limit demand and further monetize their broadband service offerings.

Unfortunately, even if Felten got responses from providers, he’ll be forced to trust the integrity of data he didn’t collect himself.  Rep. Eric Massa has a better idea.  His proposed Broadband Internet Fairness Act would ban such overcharging schemes unless providers could prove to the satisfaction of a federal agency that such pricing was warranted.  The big difference is that providing “massaged” data to Mr. Felton might be naughty, but would be downright criminal if tried with the federal government.

Shouldn’t the central lesson here be to “trust but verify?”

Comcast's new usage gauge is being tested in Oregon

Comcast’s long promised “usage gauge” has arrived.  The company promised to provide one to customers more than a year ago when it imposed a 250GB monthly usage limit on its residential broadband accounts.  Although generous in comparison to some other providers that limit customers to as little as 1-5GB of usage per month, Comcast’s allowance and the meter re-emphasizing it has created controversy among customers concerned about usage caps, potential overlimit fees or speed throttles.

Stop the Cap! reader “bones” sent along word of the measurement tool beta test in the Portland, Oregon area, and reviewing the accompanying data exposes some inconvenient facts such usage limits will have on customers.

Comcast’s version of the ‘gas gauge’ depicts usage on a bar graph and is updated monthly.  Company officials claim the average user consumes just 2-4 gigabytes per month, a debatable figure.  Comcast claims about 1% of their subscribers exceed 250GB of usage per month, but does not indicate whether that number has been on the increase as the company unveils new premium speed, premium priced broadband tiers.

Comcast hired NetForecast to “independently” verify the accuracy of the meter, which they claim produces results within 0.5% accuracy.

The company’s report concludes with praise for Comcast’s new meter, claiming it “will shine a new light on a previously unknown and misunderstood aspect of the digital age. NetForecast believes that this information will allow consumers to become better informed, and better informed consumers will help positively shape the Internet’s future.”

It also increases resentment towards a company that makes them check a meter to be sure they are within their “allowance” for the month, particularly when that company makes loads of money on broadband service.

NetForecast’s tests do reveal several new pieces of information to the “net meter” controversy:

1. The company found up to 1GB of traffic per month represented “background traffic associated with modem management.”  That’s a considerable amount of data counted against a customer’s usage, especially for customers stuck on lower consumption usage plans;
2. The increasing complexity of some web pages and their underlying structure can contribute to additional traffic associated with “protocol overhead”;
3. Poorer line quality can result in increased traffic due to retransmission requests;
4. “Unexpected” traffic is so substantial, it warranted its own section in the NetForecast report:

Traffic can be generated by more than just PCs. Any device that has access to the wireless router is a potential Internet traffic generator—including smart phones, game consoles, digital video recorders, printers, cameras, etc. Many non-PC devices “phone home” to a manufacturer or supporting service. These automated connections are transparent to the user as a convenience so the user is unaware of the traffic generated.

The most likely source of unexpected traffic, however, is from software running on PCs throughout the home. The Windows operating system and most popular software have automated update programs. These updates often download and are installed automatically without the need for user intervention. The automation is generally designed for the convenience and protection of the consumer, but the traffic it generates may come as a surprise.

Each program update download may be modest in size, however, when you multiply a modest download by the number of programs calling for updates and the number of PCs in the house, the traffic attributable to updates can be substantial. Furthermore, in some cases the vendor default update settings are very aggressive, with some default settings checking each hour and downloading every possible option even though they are not all needed. For example, a software program may load its interface in a dozen languages even though all household members only know how to read English.

That’s just the beginning.  The company also documented “surprise usage” from smartphones downloading updates, photo sharing sites, online backup, and other online applications.  Perhaps most important are online video services:

A large volume of traffic may be going to digital video recorders such as TiVo. A user in the home may have rented a movie from Amazon, Netflix. Blockbuster, etc. Renting the movie will be a known traffic-generating event, however, many services also preload the start of other movies as well as trailers to make them instantly available should they be called for. As in other situations described above, traffic is consumed for the consumer’s convenience but without his or her knowledge.

If Comcast’s meter results showing your usage doesn’t make sense and you don’t believe or understand the numbers, wait until you read how it is your responsibility, as a customer, to do all the sleuthing.

NetForecast’s prescription for “rogue traffic” requires the customer to shut off their computers and other connected devices for a “digitally silent” period (overnight or on a weekend when traveling).  Then, the customer gets to follow this routine:

At the end of the digital silence turn on one PC and log back into the Comcast meter portal, or you can check from an Internet cafe or other means while you are away. If true digital silence was achieved, the meter should not have incremented by more than 1GB. If there is more than 1GB use over even several days, then there is certainly some other traffic consumer connected through the router.

If the digital silence experiment worked, then carefully add devices back to the home network while watching the meter. Note that the meter only increments once per hour, so it may take some time to find a rogue traffic source. On the other hand, the home may simply be a highly connected place that is leveraging many aspects of the Internet, and the traffic may be entirely due to legitimate use.

“I guess those of us who are Comcast customers get to add this to our ‘list of things to do’ when we are trying to enjoy our broadband service,” writes Stop the Cap! reader Karen in Portland.  “Can you imagine telling a customer whose wireless wi-fi was ‘borrowed’ by a neighbor that they have to do all this when half the time, those customers don’t even understand how to enable wi-fi security?”

Each and every byte gets counted.  Almost.

Exempt from the usage meter are Comcast’s digital phone service and on-demand video services sent to your television. That’s a nice benefit for Comcast, but not so nice for their competitors, such as voice-over-IP telephone services and the aforementioned Netflix, Amazon, and other on-demand broadband video services. Programming sent to your computer over Comcast’s forthcoming TV Everywhere service does count against your allowance, however.

With a 250GB allowance, it may be some time before most customers find themselves routinely having to limit their usage to avoid exceeding it.  But that assumes Comcast doesn’t follow some other providers into a limbo dance of lowered usage allowances.  With a meter in place, it’s as simple as lowering the cap and telling the customer to check before they use.

What do Comcast customers think?  Comcast’s blog amusingly illustrates some company employees love it, and most consumers hate it:

“Finally! This is great stuff, I cannot wait for this to roll out in our market. We’ve been waiting and customers have been asking for months. Keep up the good work out there, and let’s never stop being innovative. We ROCK!” — Ozzie Navarro, presumably the ‘we’ is this instance refers to an author employed by Comcast.

“How is it great that you’re capping a service I pay monthly for at great expense? Now I can see it in a meter, wow! Upgrade your damn infrastructure to support more bandwidth instead of cutting off customers.” — Jason

“Don’t think you are fooling people by saying, ‘Only x% of people use over 250gb/month, and 1-x% of people won’t have to worry.’ Would you outright deny that you are implementing this feature because you feel your TV industry is threatened by Netflix, Slingbox, Hulu.com, et al.? You say it is to provide all users with a better experience. You say that because some people are “hogging the internet”, grandma can’t look at photos of her grandchildren fast enough. Did it ever occur to you that more people are using more web-intensive programs everyday? It’s not like bandwidth is a finite resource. As much as you guys want to say it is, bandwidth is only limited by ISPs. You love to say that your “networks are overburdened.” Hate to point out the obvious, but you are the ones selling the service so you should plan accordingly for usage. You sell people an advertised rate of 10Mbps, knowing full well that unless everyone else in their neighborhood is offline, there isn’t a snowball’s chance in hell you’ll get these speeds.

Then you have the nerve to say because so many people are “abusing their privilege” you must implement a bandwidth cap to “maintain the integrity of our networks.” I pay $50/month just to access this wonderful series of tubes known as the internet. When I was sold this plan, I was told very specifically that it was UNLIMITED.  That meant, if I maxed out my possible internet consumption everyday — no big deal — that’s what unlimited means. It’s becoming more and more obvious that this whole thing is a money grab, much like overdraft fees from our favorite financial institutions. I love how in the last comment you preach about rolling out your DOCSIS 3.0 system, which will supposedly let people have higher speeds. You don’t plan on upgrading the amount we can use per month though do you? That was suspiciously left absent from your article. Basically you are giving us the power use the internet in more innovative ways, but punishing us for trying to take advantage of your speeds. Thanks for giving me the ability to hit the upper limit more easily and quickly!” — Matt

“So a service whose advertising mentions NOTHING about data caps is actually capped, eh? That’s nice. It’s also really nice that you’re rolling out a faster product, so people can use up their allotted internet EVEN FASTER. Comcast doesn’t want people not paying for their ridiculously overpriced TV service, so they cripple their internet so you don’t have a choice. Really nice.” — Comcast customer

Clearwire this week changed their terms and conditions governing the use of their service.  The changes are sufficiently materially adverse that subscribers under contract should be able to cancel service, if they wish, without incurring any early termination fee.

The most prominent change is Clearwire’s ability to crack down on whatever they define “excessive usage” to be, and the redefining of ‘unlimited service’ as ‘limited and speed throttled service.’

All-New to the Clearwire Terms & Conditions:

Nature of the Service.The Service provided to you is intended for reasonable, periodic, non-continuous use by a person using a computing device, consistent with the type of use made by a typical individual consumer of our Internet services. Examples of allowed uses of our Service include web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous streaming of videos and downloading of files. Examples of uses that are not permitted include the continuous unattended streaming, downloading or uploading of videos or other files, maintaining an unattended or continuous uninterrupted connection to the Internet such as through a web camera or machine to machine connections that do not involve active participation by a person, or operating an Internet hosting service such as web hosting or gaming hosting. You may not use the Service in a manner that impairs the user experience of other users, or that otherwise impairs network performance. Both fixed wire-line Internet service and wireless Internet service have limited bandwidth capacity. Like fixed wire-line service, CLEAR’s Service can suffer from congestion and reduced performance when usage by some individuals exceeds the usage of typical individual consumers, thus having a negative impact on the entire network. This AUP is intended to ensure that the activities of a few users do not unfairly impair the activities of all users of the Service.

Clearwire’s unlimited use plans have always carried a clause giving the company the right to terminate or suspend service for exceptionally excessive usage, after several contacts with customers.  The old language:

Unlimited Use Plans. (Effective January 9, 2009)

While the determination of what constitutes excessive use depends on the amountspecific state of data you may download or upload during a monththe network at any given time, you shouldexcessive use will bethat such unlimited” plans are nevertheless subject todetermined by resource consumption and not by the provisionsuse of this AUPany particular application. What this means is that allWhen feasible, upon observation of the provisions described in this AUPan excessive use pattern, including those that describe how Clearwire may perform reasonable network management such as reducingwill attempt to contact you by e-mail at the data ratee-mail address on file or otherwise to alert you to your excessive use of bandwidth intensive users during periodsand to help determine the cause. Clearwire representatives also are available to explain the parameters of congestion, will applythis AUP and to yourhelp you avoid another excessive use incident or to upgrade you to a different class of the Service that comports with your usage. The term unlimited” means that we willIf you are unavailable or do not place a limit on how much datarespond to Clearwire’s attempt to contact you uploadregarding excessive use, or download during a monthif excessive use is ongoing or other particular periodrecurring, howeverClearwire reserves the right, it does not mean that we will not take stepsset forth in the “AUP Enforcement and Notice” provisions below, to reduce your data rate during periods of congestionact immediately and without further notice to restrict, suspend or take other actions described in this AUP whenterminate your usage is negatively impacting other subscribers to our Service.

The new language now permits the company to use “network management” techniques such as reducing your speed if they feel you are excessively using Clearwire’s “unlimited” service.  Although the new language sounds friendlier — deleting references to suspending or terminating your service — Clearwire’s Acceptable Use Policy (AUP) maintains those rights in another section.  When all is said and done, Clearwire still gets to limit your usage -and- can now also reduce your speed:

Unlimited Use Plans. (Effective November 22, 2009)

If you subscribe to a service plan that does not impose limitsWhile the determination of what constitutes excessive use depends on the amountspecific state of data you may download or upload during a monththe network at any given time, you shouldexcessive use will be aware that such “unlimited” plans are nevertheless subject todetermined by resource consumption and not by the provisionsuse of this AUPany particular application. What this means is that allWhen feasible, upon observation of the provisions described in this AUPan excessive use pattern, including those that describe how Clearwire may perform reasonable network management such as reducingwill attempt to contact you by e-mail at the data ratee-mail address on file or otherwise to alert you to your excessive use of bandwidth intensive users during periodsand to help determine the cause. Clearwire representatives also are available to explain the parameters of congestion, will applythis AUP and to yourhelp you avoid another excessive useincident or to upgrade you to a different class of the Servicethat comports with your usage. The term “unlimited” means that we willIf you are unavailable or do not place a limit on how much datarespond to Clearwire’s attempt to contact you uploadregarding excessive use, or download during a monthif excessive use is ongoing or other particular periodrecurring, howeverClearwire reserves the right, it does not mean that we will not take stepsset forth in the “AUP Enforcement and Notice” provisions below, to reduce your data rate during periods of congestionact immediately and without further notice to restrict, suspend or take other actions described in this AUP whenterminate your usage is negatively impacting other subscribers to our Service.

Clearwire (and the soon-to-be-launched Road Runner Mobile from Time Warner Cable and Comcast’s mobile broadband option) share the same Clearwire WiMax network.  As investors in Clearwire, the cable operators have won the right to rebrand the service to provide a mobile option for their broadband customers.

Customers considering signing up for service should carefully verify the terms and conditions of their contract, as well as the quality of service provided where you expect to use the service the most.  Several websites highly critical of Clearwire have been established with hundreds of upset customers who were promised broadband speeds and barely managed much more than dial-up speeds using the service.

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“Clearwireblows” ran a speed test illustrating serious speed problems using Clearwire in Texas this past April.  (2 minutes)

Customers who wish to end their contract without incurring a cancellation fee can do so following this procedure:

1. Contact Clearwire in writing and inform them you are exercising your right to terminate service without charge or penalty because of materially disadvantageous changes to the Clearwire Terms and Conditions effective November 22, 2009.  Under their terms, you have a right to discontinue service in accordance with the section “Revisions: Reservation of Rights.”  Namely, “…if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Clearwire within twenty (20) days of the effective date of the modification.”  The link above contains contact addresses you may use.
2. Contact customer service by telephone and inform them you have followed the written cancellation procedure outlined above.
3. Be certain to insist Clearwire not charge any termination fees, and that you do not agree to pay any such fees.
4. Should you experience any difficulties, contact the Better Business Bureau as this customer did.  The BBB helped facilitate an immediate cancellation with no termination fees.

Phillip "He Who Shall Not Be Named" Dampier

I’ve tangled with Todd Spangler, a columnist at cable industry trade magazine Multichannel News before.  This morning, I noticed Todd suddenly added me to the list of people he follows on Twitter.  Now I see why.

Todd is back with another one of his cheerleading sessions for Internet Overcharging schemes, promoting consumption-based billing schemes as inevitable, backed up by his industry friends who subscribe and help pay his salary and a guy from a company whose bread is buttered selling the equipment to “manage” the Money Party.

GigaOm’s Stacey Higginbotham and Broadband Reports’ Karl Bode don’t pay his salary, so it’s no surprise he disagrees them.  Oh, and I’m in the mix as well, but not by name.  Amusingly, I’m “the StoptheCap! guy, who’s making a career directing his bloggravation at The Man.”

Todd doesn’t consider himself “an edgy blogger type because, as everyone knows, I am The Man,” he writes.

Actually, Todd, you are Big Telecom’s Man, paid by an industry trade magazine to write industry-friendly cozy warm and fuzzies that don’t rock the boat too much and threaten those yearly subscription fees, as well as your paid position there.  I’ve yet to read a trade publication that succeeds by disagreeing with industry positions, and I still haven’t after today.

Unlike Todd, I am not paid one cent to write any of what appears here.  This site is entirely consumer-oriented and financed with no telecom industry involvement, no careers to make or break, and this fight is not about me.  I’m just a paying customer like most of our readers.

This site is about good players in the broadband industry who deserve to make good profits and enjoy success providing an important service to subscribers at a fair price, and about those bad players who increasingly seek to further monetize their broadband offerings by charging consumers more for the same service.  As one of the few telecom products nearly immune from the economic downturn, some providers are willing to leverage their barely-competitive marketplace position to cash in.

It’s about who has control over our broadband future – certain corporate entities and individuals who openly admit their desire to act as a controlling gatekeeper, or consumers who pay for the service.  It’s also about organizing consumers to push back when industry propaganda predominates in discussions about broadband issues, and we know where we can find plenty of that.  Finally it’s about evangelizing broadband, not in a religious sense, but promoting its availability even if it means finding alternatives to private providers who leave parts of urban and rural America unserved because it just doesn’t produce enough profit.

Let’s derail Todd’s latest choo-choo arguments.

“The idea of charging broadband customers based on what they use is still in play.” — That’s never been in play.  True consumption billing would mean consumers pay exactly for what they use.  If a consumer doesn’t turn on their computer that month, there would be no charge.  That’s not what is on offer.  Instead, providers want to overcharge consumers with speed –and– usage-based tiers that, in the case of Time Warner Cable, were priced enormously higher than current flat-rate plans.  Customers would be threatened with overlimit fees and penalties for exceeding a paltry tier proposed by the company last April.  The ‘Stop the Cap! guy’ didn’t generate thousands of calls and involvement by a congressman and United States senator writing blog entries.  Impacted consumers instinctively recognized a Money Party when they saw one, and drove the company back.  A certain someone at Multichannel News said Time Warner Cable was “taking one for the team.”  At least then you were open about whose side you were on.

“Verizon just wants to make more money by charging more for the same service. What an outrage! It’s not like the company spent billions and billions to build out their network and needs to recoup that investment.” — Recouping an investment is easily accomplished by providing customers with an attractive, competitively priced service that delivers better speed and more reliability than the competition.  Provide that in an era when fiber optic technology and bandwidth costs are declining, and not only does the phone company survive the coming copper-wire obsolescence, it also benefits from the positive press opinion leaders who clamor for your service will generate to attract even more business.  Stacey’s comments acknowledged the positive vibes consumers have towards Verizon’s fiber investment — positive vibes they are now willing to throw away.

Verizon FiOS already gets to recoup its investment from premium-priced speed tiers that are favored by those heavy broadband users.  Most will happily hand over the money and stay loyal, right up until you ask for too much.  Theoretically charging your best customers $140 a month for 50Mbps/20Mbps service and then limiting it to, say, 250GB of usage will be an example of asking for too much.  Verizon didn’t get into the fiber optics business believing their path to return on investment was through consumption billing for broadband.

“Today’s broadband networks — not even FiOS — are not constructed to deliver peak theoretical demand and adding more capacity to the home or farther upstream will require investment.” — Readers, today’s newest excuse for overcharging you for your broadband access is “peak theoretical demand.”  It used to be peer-to-peer, then online videos, and now this variation on the “exaflood” nonsense.  It sounds like Todd has been reading some vendor’s press release about network management.  Peak theoretical demand has never been the model by which residential broadband networks have been constructed.  The Bell System constructed a phone network that could withstand enormous call volumes during holidays or other occasional events.  Broadband networks were designed for “best effort” broadband.  If we’d been living under this the peak demand broadband model, cable modem service and middle mile DSL networks wouldn’t be constructed to force hundreds of households to share one fixed rate connection back to the provider.  It’s this design that causes those peak usage slowdowns on overloaded networks that work fine at other times.

No residential broadband provider is building or proposing constructing peak theoretical demand networks that are good enough to include a service and speed guarantee.  Instead, cable providers are moving to affordable DOCSIS 3 upgrades, which continue the “shared model” cable modems have always relied on, except the pipeline we all share can be exponentially larger and deliver faster speeds.  Will this model work for decades to come?  Perhaps not, but it’s generally the same principle Time Warner Cable is using to deliver HD channels quietly ‘on demand’ to video customers without completely upgrading their facilities.  You don’t hear them talk about consumption billing for viewing, yet similar network models are in place for both.

“Is it fairer to recover that necessary investment in additional capacity from the heaviest users, who are driving the most demand?” Apparently so, because providers already do that by charging premium pricing for faster service tiers attractive to the heaviest users.  But Todd, as usual, ignores the publicly-available financial reports which tell a very different tale – one where profits run in the billions of dollars for broadband service, where many providers Todd feels urgently need to upgrade their networks are, in reality, spending a lower percentage on their network infrastructure costs, all at the same time bandwidth costs are either dropping or fixed, making it largely irrelevant how much any particular user consumes. What matters is how much of a percentage of profits providers are willing to put back into their networks.

Do people like Todd really believe consumers aren’t capable of reading financial reports and watching executives speak with investors about the fact their networks are well-able to handle traffic growth (Glenn Britt, Time Warner Cable CEO), that consumption based billing represents potential increased revenue for companies that deny they even have a traffic management problem (Verizon), or that broadband is like a drug that company officials want to encourage consumers to keep using without unfriendly usage caps, limits, or consumption billing (Cablevision.)

“From 7 to 10 p.m., we’re all consumption kings,” Sandvine CEO David Caputo told Todd. “Bandwidth caps don’t do anything for you.” The implication of this finding is that “the Internet is really becoming like the electrical grid in the sense that it’s only peak that matters,” he added. — I would have been asking Todd to pick me up off the floor had Caputo said anything different.  His bread and butter, just like Todd’s, is based on pushing his business agenda.  Sandvine happens to be selling “network management” equipment that can throttle traffic, perhaps an endangered business should Net Neutrality become law in the United States.  His business depends on selling providers on the idea that sloppy usage caps don’t solve the problem — his equipment will.  Todd has no problem swallowing that argument because it helps him make his.  The rest of us who don’t work for a trade publication or a net throttler know otherwise.

What would actually be fair to consumers is to take some of those enormous profits and plow them back into the business to maintain, expand, and enhance services that deliver the gravy train of healthy revenue.  In fact, by providing even higher levels of service, they can rake in even larger profits.  You have to spend money to earn money, though.

Technology doesn’t sit still, which is why provider arguments about increased traffic leading to increased costs don’t quite ring true when financial reports to shareholders say exactly the opposite.  That’s because network engineers get access to new, faster, better networking technology, often at dramatically lower prices than what they paid for less-able technology just a few years earlier.  With new customers on the way, particularly for the cable industry picking up those dropping ADSL service from the phone company, there’s even more revenue to be had.

Or, do you think spreading the cost across all subscribers, thereby raising the flat-rate pricing for everyone, is the better option? Note that Comcast did this to an extent when it raised the monthly lease fee for cable modems by $2 (to $5), citing costs associated with its DOCSIS 3.0 buildout.

The industry already thinks so.  As we’ve documented, cable broadband providers like Time Warner Cable and Comcast (and Charter next year), are already raising prices across the board for broadband customers in many areas.  Does that mean the talk about Internet Overcharging schemes can be laid to rest?  Of course not.  They want their rate increases -and- consumption based billing for even fatter profits.

If, on the other hand, you want to pretend that all-you-can-eat plans are sustainable at today’s price tiers, you’d be kind of clueless.

Every ISP maintains an Acceptable Use Policy that provides appropriate sanctions for those users who are so far out of the consumption mainstream, they cannot even see the rest of us.  Slapping consumption based billing on consumers with steep overlimit fees and penalties punishes everyone, and the provider keeps the proceeds, and not necessarily for network upgrades.

If Todd believes consumers will sit still for profiteering by changing a model that has handsomely rewarded providers at today’s prices, with plenty of room to spare for appropriate upgrades, he’ll be the clueless one.  The cable industry’s ability to overreach never ceases to amaze me.  Every 15 years or so, legislative relief has to put them back in their place.  It’s what happens when just a handful of providers decide it is easier to hop on board the Internet Overcharging Express and cash those subscriber checks than actually engage in all-out competitive warfare with one another – keeping prices in check and onerous overcharges out of the picture.

Nobody needs to know my name to understand this.  But some of his provider friends already know the names of our readers, because PR disasters do not happen in a vacuum.  They are also acquainted with two other names: Rep. Eric Massa and Sen. Charles Schumer.  If they want to go hog wild with Internet Overcharging schemes, that list of names will get much, much longer.

Your company has been in bankruptcy since late March.  Investors wiped out, debtors in court fighting settlements, you try and hang on by keeping customers from fleeing for the limited alternatives.  You also overpay your management to make sure they don’t flee with annoyed customers.  Charter CEO Neil Smit, who waltzed Charter into bankruptcy under his leadership, effectively doubled his salary, becoming St. Louis’ top paid executive, negotiating a $6 million dollar bonus if he helped waltz the company out of bankruptcy.  If he agrees to do his job after that, he gets another bonus.  How nice.

Now that Charter is looking for the bankruptcy exit door, it’s time for someone to pay.  It won’t be Smit.  It will be Charter’s customers.

In addition to across the board price increases, Charter is also considering slapping Internet Overcharging schemes on their broadband customers with “consumption-based billing” sometime next year, Smit told Bloomberg News.

Charter’s failure didn’t come about because their broadband users are using their service too much.  It came from bad management decisions that have plagued the company since it went public in 1999.  Charter has never had a single year since when it did not report a loss, eventually accumulating an enormous $21 billion in debt through mergers and acquisitions and efforts to keep its position as the nation’s fourth largest cable operator.

Now, that same bad management team will be making all-new bad decisions to further alienate Charter’s remaining 5.3 million customers.  Many of them will be hearing from AT&T to switch to U-verse soon enough.

Perhaps instead of punishing customers, Charter should consider replacing the people that put the company where it is today.  If Charter needs money to upgrade their network, why not start with the ridiculous salaries paid to reward the people that failed the company and its customers in the first place.

Tell Charter Cable if they bring consumption billing to your area, you’ll waltz your business to the other provider in town.