An increasing number of Verizon’s DSL customers are discovering their broadband speeds cut, sometimes significantly, by the phone company’s internal line testing “optimization” tool, designed to deliver stable DSL service over a deteriorating, aging network of copper phone lines.

Regular Stop the Cap! reader Smith6612, who is extremely familiar with the technical workings of DSL service, dropped us a note to report a disturbing trend of complaints from Verizon customers who are waking up to speed cuts that often don’t make sense.

At issue here is the highly variable nature of DSL speed and how providers manage it for customers.  Data delivery over America’s aging copper wire, meant-for-voice-calls-network has always been somewhat of a bootstrapped affair, all the way back to the days of dial-up.  Most phone companies have always included detailed disclaimers for customers relying on a phone network envisioned more than 100 years ago for 21st century data communications.  No guarantees on speed or access are among the most common, especially with DSL service which is highly distance and line quality sensitive.

In short, the further away you live or work from the phone company’s exchange (where your individual phone line eventually ends up), the lower the speeds that line can support, if it can support DSL service at all.  Badly managed wiring along the way can dramatically reduce the quality of your service.  Sammy the Squirrel could chew enough insulation off a phone cable to expose it to interference from radio signals.  Water finding its way into cables and connection boxes can turn excellent DSL service into no service at all during bad weather.  Even temperature variations between seasons can eventually corrode, degrade, or destroy fittings, connectors, or any number of vital components necessary for good service.

Unfortunately, if companies do not properly invest resources to maintain their legacy phone networks, service problems are bound to increase sooner or later.

Many DSL customers do not really have an understanding of what speeds they should be getting from their providers, much less be able to easily identify when those speeds have declined.  But they do understand service outages.  When a DSL modem runs into trouble supporting the speeds it is configured for, the unit will try to re-establish the connection.  This “sync” process can occur once a day or continuously — it all depends on what condition the line is in.

While this process is underway, anyone trying to use the Internet is likely to find their service unavailable.  That often results in a service call.

Calling to complain about a troublesome Internet connection is expensive — even when reaching one of the overseas call centers Verizon regularly uses for customer support.  Sending a repair truck to your home is even more costly.

One way to reduce these expenses, without upgrading or improving maintenance of your network, is to simply reduce the speed of the connection.

Verizon ironically calls their line testing process “optimization.”  Verizon’s software is designed to ascertain the maximum possible downstream and upstream speeds a line can continually support.  Those measurements are used as a basis for configuring the customer’s modem, placing a speed limit on how fast of a connection to negotiate, even if a customer is paying for a faster tier of service.  The goal is to stop the modem from losing a connection.

Unfortunately, sometimes customers with no service problems at all take a hit in speed along the way. For several weeks now, many long-standing Verizon DSL customers are discovering their speeds have been reduced and are finding Verizon’s “optimization” procedures directly responsible.  Some are accusing Verizon of recently configuring connections more conservatively to avoid service calls caused, in part, by years of neglect maintaining their landline network.

Bob in North Billerica, Massachusetts has experienced a speed cut himself.

Writing on the Verizon DSL forum at Broadband Reports, he noticed years of stable service at 1.792Mbps/448kbps are no more.  His maximum download speed has been cut to 1.5Mbps.

The same thing happened to Zaii in Philadelphia — despite stable service at higher speeds, he found himself cut back to 1.5Mbps as well.

Jack in Lakeland, Florida discovered his speeds has been “optimized” nearly in half by Verizon, and the company admitted it had capped his maximum speed as part of that process.  He was paying for 1.5Mbps service and received 700kbps-1Mbps service.

“The technician [sent to my house] found I could receive 2.6Mbps but Verizon had me “optimized” at 1.2Mbps because of my location,” Jack writes.  “The technician made a call and had the “optimize” cap removed and I am back to 1.54Mbps.”

It’s the same story in Ridgecrest, California where one Verizon DSL customer suddenly noticed a dramatic speed cut.  He pays for 1.5-2Mbps service and barely manages 1Mbps these days.  A Verizon technician thought even with the sudden speed loss, his speeds were still “pretty good.”

That attitude doesn’t exactly placate Verizon customers paying for more and receiving less.

Often, technicians sent to the home find their own line tests are far more optimistic about the speeds Verizon can support.  The customer in Ridgecrest, for example, learned from a technician his line can support 3Mbps, but Verizon’s corporate “optimization” software says otherwise.

A few anecdotal reports from customers listening to Verizon field technicians suggests many of these issues are being caused by Verizon’s “optimizing” software.  Once a service call commences, knowledgeable technicians manage to override the software settings and reset the connection back to support earlier, faster speeds.  But often these changes last only a few weeks before the problem returns.

Unfortunately, Verizon’s customer service department usually seems unconcerned about speed complaints.

“SDillman” in Uxbridge, Massachusetts relayed his experiences:

I talked Verizon DSL support and got them to run a line test and they confirm the data rate they are seeing is 1.216Mbps, which is exactly what I reported. Unless it drops under 1Mbps they won’t do anything because it is considered an acceptable speed.

What stinks is that up until last week my data rate was a constant 1.792Mbps and all my speed tests showed 1.5Mbps.  I even swapped out the modem today to try my backup and got the same rate.  So I’ve lost 500k for no reason at all and there is nothing I can do about it. It wouldn’t be so bad if I never had it, but losing it just doesn’t sit right with me. I might be looking at alternate providers and or mediums of broadband in the near future because that just leaves a poor taste in my mouth.

A Verizon DSL Modem/Router

Angry, motivated customers can wreak havoc on bad customer service practices, and SDillman managed to overcome Verizon’s speed throttles and shares advice for others in the same situation:

1. Visit and register for an account on Broadband Reports.  Then visit and post a message in the Verizon Direct Support forum.  Those messages are kept private between you and a Verizon technical representative.  They have enhanced skills and authority over the traditional offshore customer service people, and in the words of “SDillman,” “are amazing — after getting the runaround from everyone else, those guys had a proper repair ticket created in no time.”
2. Carefully listen to the technicians that are sent to your home.  The technician in Uxbridge was frustrated that his service visit revealed a line in what he called “pristine condition,” yet Verizon’s “optimization” speed throttle said otherwise and was directly implicated in the speed reduction.  The frustration mounted when Verizon’s own employee encountered the same roadblocks Verizon’s customers do from overseas customer service agents.  In this case, a call center employee attempted to explain the basics of how telephone lines work to a Verizon technician with over 30 years of experience.  The technician also didn’t respond any better to arguments that 1.2Mbps was a good speed when the customer is paying for a higher level of service.
3. Most of these issues are best resolved between a Verizon service technician and employees at the central office exchange serving your home or business. Encourage a direct service call and do not accept over-the-phone assertions about speed issues, particularly from call center employees a half-world away.  If the problems go unresolved, a compliant about bad phone/broadband service filed with your state’s Public Service/Public Utilities Commission may bring about a higher level of response, even if broadband speeds are unregulated.

As SDillman shares, “For now my speeds are back up, until they ‘optimize’ the line again to try to free up some of the congestion on their crowded routers and begin stealing bandwidth [again]. I don’t know if this practice is illegal, but it certainly doesn’t pass the smell test. It feels a lot like going into a gas station and filling up your tank and then finding out 30% of it is water.”

Qwest, the former-Baby Bell serving the upper midwest, mountain west, and desert states got caught on tape telling customers the company’s intent is to eliminate competition from independent Internet Service Providers by banning them from their network.

One such ISP, XMission, has blown the whistle on the anti-competitive practice, noting they could potentially be run out of business if Qwest manages to keep them from delivering competitive service over Qwest’s upgraded partly-fiber network.

In 1997, XMission first started providing service over Qwest’s DSL.  We have literally paid millions of dollars of revenue to Qwest for the privilege, all the while relieving them of the difficult task of providing excellent customer support.  In 2008, Qwest launched their “Fiber-to-the-Node” product which is usually falsely advertised as just plain “fiber”.  Unlike the UTOPIA system which runs fiber optics all the way to the home, Qwest FTTN runs fiber to a neighborhood, then copper DSL lines to the customer.  Because of the subsequent shorter distances on copper, they are able to attain download speeds of up to 40Mbit to the customer and 5Mbit from the customer.  This is normally referred to “download” and “upload” respectively.

There is one key difference in the FTTN product.  Qwest is not not allowing 3rd party ISPs like XMission to sell their own service over it, as we traditionally have with their first DSL product.  In addition, Qwest has been notorious for disinformation and service problems that motivate customers to drop their current ISP and change over to Qwest.  Technical problems exist, such as radio interference that degrades existing XMission customer DSL speeds, sometimes making their Internet connection unusable.  The solution offered by Qwest was not to shield the radio interference, but to switch customers off XMission and to their own product.  We have also had reports and in one case, a recording, of Qwest sales representatives telling customers that Qwest’s intent is to “eliminate” 3rd party ISPs.   Today, I received an email from a customer who was told by Qwest that XMission’s equipment is “too slow” to handle FTTN service.  Considering that we service customers on fiber and in our data center with up to a gigabit in solid bandwidth, one has to wonder why Qwest feels the need to lie to sell their service.  There is no technical reason why Qwest could not allow 3rd party ISPs like XMission to provide service over their FTTN network.

XMission has been hemorrhaging DSL customers for the past year, and I really don’t blame them for looking for bigger Internet connections.  I personally can only get 3Mbit download and 500Kbit upload to my own home and it is not enough bandwidth for me.  With Netflix, Hulu, Youtube, and other services demanding more and more bandwidth, homes will need larger and larger connections.  Unless they’re in a UTOPIA connected city, chances are that they are going to choose from two companies to buy Internet from in the future, neither of them stellar.

UTOPIA is Utah’s publicly-owned fiber optic platform delivering competitive choice to residents of 16 Utah cities.  Residents enjoy true fiber optic service and can select from 11 different Internet Service Providers, each offering their own speed levels, bundles, and pricing.  How many ISPs can you choose from?

Qwest’s newest network upgrades deliver service somewhat comparable to AT&T’s U-verse — faster broadband through a hybrid fiber, copper phone line-based network.  Qwest also sells traditional DSL service over standard phone lines, including so-called “dry loop” service that delivers broadband service without also buying a phone line.  While competing providers can sell service over many of Qwest’s DSL lines, they have been barred from selling access over these new, faster-speed lines.

Customers have been unimpressed with Qwest’s traditional DSL services which often promises far more than it actually delivers.

Alex Langshall in South Salt Lake was guaranteed 7Mbps DSL service from Qwest, but ended up with only 640kbps.  The reason?  His distance from the central office and the deteriorating quality of Qwest’s landline network.  Qwest’s technicians told Alex even after line conditioning and rehabilitation, he would only get 1.5Mbps service.

XMission publicized this recording between Qwest and one of their customers about the phone company’s intentions for independent ISPs on their network (July 21, 2010) (3 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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AT&T has agreed to settle a class action lawsuit that accused the company of selling DSL service at speeds it often never provided to customers.

The case, Robert Schmidt, individually and on behalf of all others similarly situated vs. AT&T and SBC Internet Services, Inc., (d/b/a AT&T Internet Services), was filed in 20o9 when AT&T customers learned the company was configuring some customers’ DSL modems at maximum speed rates below those advertised by AT&T.

AT&T has agreed to settle the lawsuit for a maximum of nearly $100 million, or less depending on the total number of claims received nationwide.

The amount customers are entitled to receive will vary depending on how much of an impact AT&T’s speed limiting configuration had on a their service.  The settlement is also retroactive back to April 1, 1995 meaning longtime AT&T DSL customers could be entitled to several hundred dollars in compensation.  For those dissatisfied with the speeds they received from AT&T’s DSL service, their compensation will be limited to a one-time payment of $2.00.

For some others, the settlement will provide more generous compensation.  The law firm that brought the case, Dworken & Bernstein, will receive up to $11 million in compensation and also get to hand out $3.75 million dollars of AT&T’s money to no less than 20 charities.

Some Background

AT&T provides DSL service to the vast majority of its customers.  This technology works over traditional copper wire phone lines.  Unfortunately, that infrastructure was never designed to carry data, but after years of development engineers found a way to make Ma Bell’s wires work for broadband service.  Unfortunately, the service has never been able to provide consistent speeds to every customer.  The further away you are from the phone company’s central office (where your phone line ultimately ends up), the slower the speed your line can support.  Someone a block away from the phone company office can easily achieve the speeds AT&T promised its customers in its marketing.  But if you are a few miles away, chances are you cannot.

For those more distant, or who live in areas with bad phone lines, your DSL modem won’t be able to maintain a consistent connection at the speeds AT&T sold you.  That will cause the modem to reset itself regularly, trying to re-establish an appropriately fast connection.  That can drive customers crazy because your service will often stop working while the modem tries to renegotiate the connection.  Some phone companies stop the constant reconnection battle by configuring the modem to work at a lower, more stable speed that will work with an individual’s phone line.

For instance, here in Rochester Frontier Communications advertises 10Mbps DSL service.  But for me, more than 10,000 feet away from Frontier’s central office for my area, the line simply couldn’t support that speed.  So Frontier locked the modem to deliver just 3.1Mbps, not the 10Mbps the company markets to customers in this area.

While that practice may seem technically smart, it’s obviously not legally smart, as AT&T has discovered.  Even using the traditional weasel words of “up to” when marketing broadband speeds, AT&T felt it was exposed to charges of false advertising and defrauding customers, and decided to settle the case.  It should be noted AT&T strongly denies any allegations of wrongdoing, but has agreed to settle to avoid the burden and cost of further litigation.

AT&T now faces the prospect of paying compensation to every DSL customer it speed limited in this fashion, and has also agreed to stop the practice.

The Details

Who Gets the Settlement? — Potentially any AT&T DSL customer paying for service after March 31, 1994.  This also includes customers of companies acquired by AT&T:

• SBC Internet Services, Inc., d/b/a AT&T Internet Services
• BellSouth Telecommunications, Inc.
• Pacific Bell Internet Services
• Southwestern Bell Internet Services, Inc.
• Ameritech Interactive Media Services, Inc.
• SNET Diversified Group, Inc.
• Prodigy Communications Corporation
• Oklahoma Internet Online

Many AT&T customers may have already been notified about this settlement through postcards or other mailers sent by AT&T based on customer records.

What Kind of Settlement Will I Get? — For longstanding AT&T DSL customers, the amount could be substantial, so it’s worth your while to participate, even if you are no longer a customer.  For most everyone else, it’s probably worth $2.00.

There are three types of benefits that will be paid to those who submit valid claims under the settlement once it becomes final. Payments will be made by check or by credits on a customer’s bill.

• Group A Benefit. If AT&T’s Records indicate that AT&T configured the downstream speed of your DSL service, for one month or more during the Settlement Class Period, at a level lower than the Maximum DSL Speed for the plan you purchased, you may be eligible to receive $2.90 for each month your service was so configured.  This could add up to hundreds of dollars.
• Group B Benefit. If you are not eligible for the Group A Benefit and AT&T’s Records show that your DSL service may have performed, for one month or more during the Settlement Class Period, at downstream speeds below the following levels, you may be eligible to receive $2.00 for each such month:
  • 200 Kbps, if you purchased a plan with a Maximum DSL Speed of 768 Kbps;
  • 384 Kbps, if you purchased a plan with a Maximum DSL Speed of 1.5 Mbps before October 2008;
  • 769 Kbps, if you purchased a plan with a Maximum DSL Speed of 1.5 Mbps after October 2008;
  • 1.5 Mbps, if you purchased a plan with a Maximum DSL Speed of 3.0 Mbps; or
  • 3.0 Mbps, if you purchased a plan with a Maximum DSL Speed of 6.0 Mbps.

  Because the settlement provides for monthly credits, you could also receive hundreds of dollars in refunds or service credits, making participation in the settlement worthwhile.

• Group C Benefit. If AT&T’s records do not show that either you fall within Group A or Group B but you nonetheless believe that your DSL service has not performed at satisfactory speeds based upon the plan that you purchased, you may still be eligible for a one-time payment or bill credit of $2.00. In other words, if at anytime you were underwhelmed by AT&T’s DSL speeds, you can file a claim and get two dollars back.

AT&T has also agreed to monitor customers’ DSL speeds over a period of 12 months and if service cannot achieve the speeds promised, the company will either make repairs to boost speed or adjust billing.

For AT&T customers in Missouri, Oklahoma, Kansas, Arkansas, and Texas, AT&T’s settlement would replace a similar class action case filed in St. Louis.  Ford and Dunne v. SBC Communications, Inc. and SBC Internet Services, Inc., would have only covered customers after December 31, 2000.

Customers who believe they are entitled to participate in the settlement can get additional information and file an online claim at the DSL Speed Settlement website.

Sometimes the marketing hype associated with broadband products goes just a tad too far.

Michael is a Verizon DSL customer living with Verizon’s $34.99 3Mbps DSL service.  He reported to The Consumerist that a nearby friend in the same zip code was able to get Verizon’s 7Mbps service for $42.99 a month, so he called Verizon to see if he could obtain the same service.

I was told that it wasn’t available at my address, which is in the same zip code, but they sure can offer me 5MB for $49.99. After the run around, I politely declined and left everything be.

[Upon further checking their website] 7MB is available for my address, and for $42.99 with contract! Call #1 ended up me being told that I can in fact get 7MB but for $49.99. I declined and said no thank you. Call #2 told me that 7MB was not available, only 5MB, and it also was $49.99. I declined and called back a third time. Call #3 told me I can upgrade to 7MB but only online as “they have different specials we don’t honor over the phone.” The problem? My address states it has 7MB available… as a NEW account. If I log in my account and choose to upgrade, I can only order 5MB. I call back again, and a couple calls routed me to either the Philippines or India, and I politely hung up in frustration even before I started a conversation.

[…]

At this point I was livid and called to cancel my service.  The woman told me 7MB is absolutely 100% definitely not available for my address. She couldn’t explain why I could order it as a new account but not as an existing customer. The next part takes the cake from every reply I’ve ever heard. I directly asked “why is it I can open a new account with 7MB but I cannot order it as an existing customer?” Her response: “Your home cannot handle the 7MB speed. If I put in the order for 7MB, it will burn your house down.”

Michael was, of course, flabbergasted.  Besides, it’s usually cable installers that set your house on fire.

Verizon’s rate plan shell game guarantees they are always the winner:

“Last night surprisingly I get an email about my Verizon account. My rates are being raised to $36.99 for my current 3MB service.”  Presumably Verizon needs to purchase fire insurance to protect customers from the blazing fast speeds.  Or is that red hot glow coming from customers?

The Consumerist recommends an e-mail carpet bombing of Verizon executives’ e-mail accounts to get someone to resolve his problems.  Here’s a better answer for unresolved complaints regarding Verizon: Call the Verizon Executive Customer Relations office at 1-800-483-7988 and press 3.