Cox Communications is telling customers if they exceed the company’s usage caps three times over the lifetime of an account, they either must upgrade to a more expensive service plan, make sure they never exceed plan limits again, or face an indefinite loss of their Internet service if they exceed Cox’s limits a fourth time.

Stop the Cap! reader Adam found out about Cox’s Three Strikes Program for himself in an online chat with Claudia, a Cox customer service representative:

Adam: I am concerned with the messages I got about a usage cap. I was told by the salesman that there was no bandwidth cap on our Internet, however this message is very troubling. Please explain this cap to me.
[…]
Claudia: I am really sorry for the lack of information provided to you by our Sales representative.
Adam: Is there a hard cap coming? Is that why we’re getting these messages?
Claudia: That is correct.
Claudia: At the fourth message your services will be blocked, on the previous one they will suggest you to upgrade your plan.
Adam: Fourth monthly, or fourth cumulative?
Claudia: Your Data Usage is reset each month, so it will be your fourth monthly message if exceeding the allowance.
Adam: So four months of going over. Does that counter ever reset?
Adam: Like if I’m bad three months, then good for three. Is it reset?
Claudia: Unfortunately, it is not reset.

Cox, like Comcast, does not charge overlimit fees, but the company does encourage customers who want to use the Internet more than their arbitrary allowances permit to upgrade to a more costly service plan.

Cox’s limits are detailed in an earlier piece Stop the Cap! brought readers a few weeks ago.

Internet Service Providers claim usage caps are important to protect the customer experience from “excessive users” slowing down service in your neighborhood, but as companies like Cox upgrade to DOCSIS 3, the broadband pipeline that results has increased so exponentially, it eliminates the excuse that came with the limits.

Now, ISPs increasingly see another reason to retain usage allowances: fatter profits from tiered usage plans that inevitably drive video-hungry Internet customers into costly upgrades.

Too bad Comcast doesn't allow their Internet customers to use the service until 'xfinity.'

A Comcast customer of seven years has been warned if he exceeds the company’s arbitrary 250GB usage cap one more time, his family will be cut off from the cable company’s Internet service for one year.

Jrodefeld is just one more example of a customer who never thought he would have to monitor an online usage gauge to enjoy the Internet service he pays good money to receive.  But Comcast has deemed him an Internet abuser for exceeding a usage limit the company takes pains to bury in its lengthy terms and conditions, far away from glitzy marketing promising a fast, always-on experience.

In my house there are five people with five computers, several smartphones, a Playstation 3 and AppleTV all connected to the Internet through a wireless router.  Several of us are tech minded people who need to be able to send and receive large amounts of data through our network and publish material on the Internet.

Not only that, but I have (legally) downloaded films through places like iTunes and downloaded games and software in the same manner.  I create digital content (web pages, animation, other content) and publish it on the Internet. Not only that, but I send this content to friends and colleagues through web hosting sites like Netload.  I download games and watch streaming Netflix through my Playstation 3.

I think it is absolutely beyond belief that Comcast can offer the speeds that they do, with the evolving demands of the Internet and modern digital demands that people have, and think that 250GB is sufficient for even the moderately tech savvy user.  This data cap is absolutely horrible and is an insult to my family and an abomination given how much money we have given to Comcast over the last several years for their service, amounting in the thousands of dollars.  Not to mention that we signed up with the idea of getting an “always on”, unlimited service.

Jrodefeld claims his family steers clear of the usual suspect of heavy usage consumption — peer-to-peer software.  But with five tech-savvy teenagers and high-tech workers living under one roof, Comcast’s usage meter reflected the family was several times over the company’s usage limits:

• In May, 2011 the total data used was:  1363GB
• In June, 2011 the total data used was:  758GB
• In July, 2011 the total data used was:  1271GB

Based on a review of the applications being run by those achieving that level of usage, online file backup is usually the culprit generating the most usage.  That is closely followed by avid online streaming and gaming.  While game-play itself is probably not much of a factor, the relentless number of game updates and new games distributed over an Internet connection can easily exceed several gigabytes each.  The family also streams some very high bitrate HD movies over a video rental service that uses their Comcast Internet connection to provide the video.  That can run nearly 10GB an hour in some cases, Jrodefeld says.

For usage cap opponents, this represents the perfect example of what can happen in families that rely on video streaming and have teenagers living at home.  While one individual may have little trouble staying within Comcast’s arbitrary 250GB limit, unchanged since its introduction in 2008, the more Internet-savvy members in a household sharing a connection, the bigger the risk for Internet Overcharging or a warning e-mail.

Comcast says their average user keeps usage well under 10GB per month.  But they don’t provide any demographic breakdown of usage profiles.  Older households may pay for an Internet account exclusively for web browsing and e-mail.  Younger households, those with teenagers, and cord-cutters who rely on Internet video streaming will almost certainly use considerably more.

Jrodefeld can’t believe Comcast has stuck his family with a “one size fits all” Internet experience.  And their reasons for the 250GB usage cap don’t make any sense.

“On the one hand, it is said that a user going over that threshold hurts the Internet experience for other users in your area, and on the other hand Comcast claims that the ‘average’ user uses only 2-4gb per month,” he notes. “If that is the case, then multiple users who average 250GB a month would slow down the Internet far more than one individual who uses, say, 500GB in a month.”

“If such a small number of users exceed the cap, Comcast’s network should easily be able to allow that without it affecting other users,” he argues. “If, on the other hand, many users are exceeding the cap, it means that the limit is far too small and Comcast should upgrade their infrastructure if they cannot keep up with user demands.”

The cap-free alternative for Comcast's "heavy users."

In fact, Comcast has upgraded the Internet experience for most of their customers considerably since they introduced a usage cap.  The company has aggressively deployed DOCSIS 3 upgrades, exponentially increasing the amount of bandwidth available in individual neighborhoods, allowing them to sell highly-profitable, faster tiers of service and eliminating congestion issues.  But no matter what speed you buy, or how much you spend, Comcast imposes the same 250GB usage limit on all residential accounts.

Comcast company officials had nothing to offer Jrodefeld, but several other Comcast customers did: upgrade to a Business Class account, if only to be rid of the usage limits.  Comcast Business Class service currently has no usage limitations, and carries this pricing in the northeast, before taxes and fees:

• Starter Plan — 12/2Mbps:  $59.95/mo Best Value
• Preferred Plan — 16/2Mbps:  $89.95/mo
• Premium Plan — 22/5Mbps:  $99.95/mo Best Speed/Performance Value
• Deluxe Plan — 50/10Mbps:  $189.95/mo
• Installation Fee: 1 year contract = $199, 2 years = $99, 3 years = $49

The alternative is to sign with a telephone company provider, but AT&T also has a 250GB usage limit on their U-verse service, and charges an overlimit fee of $10 for every 50GB of excess usage.  Verizon FiOS offers unlimited service.

Slingbox PRO-HD

In a shot across the bow to programmers demanding compensation for the cable company’s TV Everywhere project, Time Warner Cable has announced it will give away a free Slingbox PRO-HD device to every customer signing up for its top-tier 50/5Mbps Road Runner ‘Wideband’ broadband service.

The Slingbox, which allows customers to watch live streams of cable television programming and other video over a broadband connection, retails for $300 and that is what Time Warner will rebate to new “Wideband” customers who are willing to pay $99 a month for the fastest possible Internet service from the cable operator.

By handing out a free Slingbox, which customers can use to watch whatever channels they want, Time Warner is sending a message to intransigent programmers, particularly Viacom. which has been particularly hard-nosed in its negotiations for streaming rights of popular Viacom networks like Comedy Central and MTV.  Time Warner found its efforts to stream those networks on its free iPad app stymied when Viacom went to court to stop the streams pending compensation negotiations.

With the Slingbox, customers can bypass messy business debates and watch whatever channels they choose to subscribe to, although Time Warner Cable won’t officially declare that as their intention for the new promotion.

Instead, Jeffrey Hirsch, Time Warner’s executive vice-president and chief marketing officer, claims the Slingbox offer is an attempt to drive subscriptions for its DOCSIS 3-based Wideband service.

“Over time we’re really trying to emphasize Wideband as a mainstream product,” Hirsch told the New York Times.

Currently, only a small percentage of customers subscribe to the company’s 50/5Mbps service, most through Time Warner’s super-premium SignatureHome service, which includes the speedy tier as part of its triple-play bundle of phone, Internet, and cable service.  The company sells SignatureHome in most markets for around $200 a month.

The Slingbox promotion is planned for launch this September.  Customers are expected to pay upfront for the device and receive a $300 prepaid debit card as part of the rebate offer.  No word on whether the promotion will extend to new SignatureHome customers, or only to those choosing Wideband service a-la-carte.

Ironically, Slingbox use promotes a major increase in broadband traffic, thanks to high bandwidth HD streaming video.  Time Warner’s Slingbox promotion will drive increased traffic on their broadband networks once customers start watching shows outside of their home.

Time Warner Cable’s position as second largest cable company in the United States got some beefing up this morning with news it was acquiring 750,000 subscribers from Insight Communications in Illinois, Indiana, Kentucky and Ohio for $3 billion dollars in an all-cash deal.

That’s $1 billion less than asked by seller-owner Carlyle Group, which has been shopping the tenth largest cable operator around for months.

For many Insight subscribers, it means another new owner.  Most of Insight’s customers have been cobbled together from other cable systems, including Tele-Communications, Inc., AT&T Cable, Comcast, and even a few former Time Warner service areas.  For the past several years, Insight has been run under the ownership of equity investment firm Carlyle Group, which has treated it as an investment, waiting to be sold off to the highest bidder.  In 2007, Carlyle found no buyers willing to meet their asking price, and it appeared this year’s negotiations were headed in the same direction, as Time Warner Cable (among others) dismissed the $4 billion asking price as overpriced.

But this year, Carlyle apparently was unwilling to hold on to their investment, and according to an insider, quickly called Time Warner Cable after other potential bidders including WideOpen West, Mediacom Communications, Cablevision and Charter Cable dropped out.  Time Warner Cable repeated their offer of an all-cash purchase of $3 billion, and Carlyle accepted.

With the acquisition, Insight’s brand will eventually be dropped in favor of Time Warner Cable, who expects to realize $100 million in “cost savings” from bulk programming purchase deals and cost cutting measures.  Time Warner Cable also gets to realize tax benefits when it inherits Insight’s heavy net losses of $300 million, which will reduce the larger cable operator’s tax liabilities.

For customers, programming lineup changes are unlikely, and Insight already is aggressively deploying DOCSIS 3 for its broadband customers.  Time Warner is likely to realign Insight’s broadband packages closer to standard Road Runner packages.  Insight currently sells 10/1, 20/1.5, 30/3, and 50/5Mbps service.  Time Warner Cable routinely sells 10/1, 15/1, 30/5, and 50/5Mbps service in most DOCSIS 3-enabled service areas.

Time Warner’s acquisition of Insight bolsters its earlier purchase this year of cable properties in Kentucky and Tennessee formerly owned by another midwestern cable operator — NewWave Communications.

Cogeco Cable customers are about to pay for the company’s tragic financial results from its Portuguese operations in the form of broad-based price increases the company is selling as service “improvements.”

July’s financial results for Cogeco, which owns cable systems in Ontario, Quebec, and Portugal, are not good.  With mass subscriber defections and downgrades from Cogeco’s Portuguese cable system Cabovisao, company officials have decided to write off their European investment, resulting in a $56.7 million loss in the third quarter.

Tempering the damage is the company’s decision to raise broadband prices for Canadian customers by $2 a month for their Standard broadband package, soon to be priced at $48.95.

(Courtesy: 'Gone' from Fort Erie, Ontario)

“To add insult to injury, they are calling these changes ‘improvements,'” writes Stop the Cap! reader Claudette, who is a Cogeco customer in Ontario.  “In fact, the only thing Cogeco is improving is their skill at overcharging us.”

Cogeco's financial mess in Portugal.

Cogeco has sent letters to subscribers notifying them about the “improvements,” mostly in the form of a name change for the company’s ‘Standard’ plan, soon to be renamed ‘Turbo 14.’  They have also launched a new section on their website to break down the changes.

The only benefit Cogeco is introducing for customers with their Standard plan is a slight bump in usage allowances, from 60 to 80GB.  But that change comes with a major catch.  Cogeco charges customers a $1.50/GB overlimit fee with a monthly maximum overcharge of $30.  When ‘Turbo 14’ premieres Oct. 1, the maximum overlimit fee will jump to $50 a month.

“That is a total ripoff, because the next plan up with bigger allowances — just over 100GB a month — costs nearly $77 a month, for a whopping 16Mbps,” she adds.  “They just raised our rates last July and now they want more.”

Cogeco is punishing their premium customers even more by taking the maximum overlimit fee cap completely off their DOCSIS 3-based Ultimate 30Mbps and 50Mbps plans.  Available in some Cogeco service areas at prices of $60 and $100 a month respectively, the plans come with usage limits of 175-250GB.  The sky is the limit for overlimit fees, racked up at $1 per gigabyte.

Cogeco customers are outraged, and have begun shopping for alternatives, just like their counterparts in Portugal who have put their cable service on the chopping block.

The ongoing Portuguese financial crisis has been met with tax increases and benefit reductions by the government, and Portuguese consumers have responded with wholesale cord-cutting, cancelling Cabovisao cable-TV service in droves.

Cogeco's systems in Ontario (click to enlarge)

“You now have customers squarely opting out of [cable TV],” said Louis Audet, Cogeco’s president and chief executive officer. “These are economic circumstances that we have not, nor has anyone here, witnessed in North America. These are very unique to the circumstances in Portugal.”

At least Audet hopes they are.

With fewer competitive choices in the rural and suburban Ontario and Quebec markets Cogeco favors, consumers have a tougher time finding alternative providers, but not an impossible one.  Many are dropping Cogeco’s phone and broadband packages, moving to Voice Over IP or cell phone service for the former, and independent broadband providers like TekSavvy for the latter.  TekSavvy still retains unlimited use plans and has been traditionally more generous with allowances for the usage-based plans the company also sells.

Investors have been placated with a boost in Cogeco’s dividend payout… for now.  But many have adopted a “told you so” attitude about the company’s controversial decision to invest in overseas cable to begin with.

Scotia Capital analyst Jeff Fan said he had a negative view about Cogeco’s Portuguese venture.

“We hope this paves the way for a sale,” he wrote in a note to investors, “as Portugal is still cash-flow negative and dilutes the strong Canadian results.”

In fact, many investor groups dream of an even bigger sale — of Cogeco itself.

Joseph MacKay of Mackie Research said Canada’s fourth-largest cable company is ripe for a takeover by a larger cable operator, presumably Rogers or Shaw Communications.  Rogers already blankets Ontario with cable services, so Cogeco’s operations in eastern provinces would be a ‘natural fit’ for the company.  Shaw’s interest in expanding eastward could also get a boost from the buyout of Cogeco.

But one significant roadblock remains — the controlling interests of the Audet family, which have no intention of selling and control enough voting shares to stymie a hostile takeover.  In fact, despite the poor showing of the company’s Portuguese operations, the Audet family claims to be interested in acquiring other providers and expanding Cogeco’s size.

With the benefit of a two-dollar rate increase and the proceeds of Internet Overcharging, they’ll be in a position to put more dollars toward that goal.