A new promotion from AT&T that matches T-Mobile’s offer to pay any early termination fees incurred from switching carriers has backfired, to T-Mobile’s amusement.

In full-page newspaper ads appearing this week, T-Mobile says AT&T just made switching to T-Mobile risk-free, because if customers don’t like T-Mobile’s service, AT&T will foot the bill to switch them back:

T-Mobile recently announced they would pay early termination fees if customers broke up with AT&T and traded in their device for a new one at T-Mobile.

Now AT&T has made that offer essentially risk free. Because if anyone isn’t happy with T-Mobile, AT&T will pay to switch them back. Who says AT&T doesn’t have heart.

The bad news for AT&T though, is once people switch to T-Mobile and experience the fastest nationwide 4G LTE network in the country, lower service costs and fewer restrictions, they won’t switch back. But let’s not think about that. Let’s just thank AT&T for being so darned nice.

Not satisfied with that missile shot across AT&T’s bow, T-Mobile also issued a press release titled “Americans Everywhere Celebrating As AT&T Dismantles Death Star,” that includes fabricated quotes from AT&T’s executives:

BELLEVUE, WA — Jan. 28, 2014 —T-Mobile US, Inc. (NYSE: TMUS) today announced that pretty much everyone at the company is overcome with emotion and still kind of processing the decision by now-ex-rival AT&T to leave the dark side, step into the light, and join hands in supporting the Un-carrier consumer revolution.

“Call it an awakening,” said Ralph de la Vega, president and CEO of AT&T Mobility, “but I felt it was time to really stir things up and put the customer first for a change. And by “customer” I’m referring to our former customers who switch to T-Mobile, because our current customers don’t really qualify.” De la Vega said that the new T-Mobile switching offer was custom designed to entice its millions of contract customers to go ahead and give T-Mobile a try. “If for any reason you don’t love T-Mobile’s 4G LTE network, which is now faster than ours[i], we’ll actually pay you up to $450 to come back to AT&T, I kid you not.”

Ok, De La Vega didn’t actually say that, but he might as well have. Thanks to AT&T’s apparent change-of-heart and incredibly generous $450 T-Mobile customer buy-back campaign, insane numbers of its very own customers and even families of AT&T employees are enjoying a risk-free, zero-cost opportunity to switch to the Un-carrier. If customers making the switch are not completely satisfied with T-Mobile and its state-of-the-art nationwide 4G LTE network (now fastest in the U.S.), AT&T will cover the costs for customers switching back to their own slower network, up to $450 with trade-in. Details of the new AT&T offer can be found at att.com/att/switcherpromo.

“Wow. I mean … wow,” breathed John Legere, president and CEO of T-Mobile. “I guess we all have moments of doubt. You know? Like, can the darkness ever be defeated? But that they’ve singled us out in this way is just so affirming. I guess we must be doing something right. I mean, if AT&T can change, it feels like anything’s possible.

“It’s kind of like that scene where Darth Vader’s lying there and Luke helps take off his helmet,” Legere continued, “and you see that, okay, sure, Darth Vader’s pretty ugly, but he’s human after all.” [….]

All too often customers who sign up for “price lock” agreements or 12-24 month service contracts find themselves trapped when a provider finds a clever way to increase rates or introduce usage caps and still subject customers to a steep early termination fee if they want out of the deal.

In the United Kingdom, the Office of Communications (Ofcom) wants providers to tell customers at least 30 days before any price or service changes and show customers how to cancel the contract and leave without a termination fee.

Ofcom says its new rules on ISPs, landline and mobile operators are designed to stop mid-contract price hikes or service reductions.

The regulator is responding to multiple consumer complaints where providers have used “wiggle room” in contract language designed to let customers off the hook if a provider attempts a “materially adverse” change mid-contract that a customer does not accept. This language is common in both the United Kingdom and North America.

Several years ago, providers on both sides of the Atlantic began adding non-regulatory fees to customer bills to hide rate increases. The charges often sound “official,” but are in fact not. When customers demanded to cancel over charges like “regulatory recovery fees,” “rights of way fees,” or other costs of doing business now broken out on their bills, many successfully invoked the “materially adverse” clause of their contract to escape termination fees.

These days wireless carriers have gotten wise to that. When a customer now calls to demand out of their contract, companies refuse, claiming the small dollar amounts involved are not “material” changes. They often reinforce this by offering to credit a persistent customer’s account for the amounts involved.

Ofcom considers this practice an end run around the contract, and wants it stopped. The regulator is notifying providers it is now likely to regard any and all price increases of any kind to be “materially adverse/detrimental.” The regulator warns it will also treat reductions in voice minutes, texting, and data usage allowances the same as a price hike.

“Ofcom is today making clear that consumers entering into fixed-term telecoms contracts must get a fairer deal,” said Claudio Pollack, director of Ofcom’s Consumer Group. “We think the sector rules were operating unfairly in the provider’s favor, with consumers having little choice but to accept price increases or pay to exit their contract. We’re making it clear that any increase to the monthly subscription price should trigger a consumer’s right to leave their contract – without penalty.”

Ofcom has also found that some consumers were caught unawares by mid-contract price rises and were not sufficiently warned this could happen when they signed up. In some circumstances, consumers may also have not been made adequately aware of their right to exit their contract, or of the amount of time they had to exercise this right.

To address this problem, the new rules explain how providers should communicate any contract changes, pricing or otherwise, to consumers.

These measures include ensuring that letters or e-mails about contract changes should be clearly marked as such, either on the front of the envelope or in the subject header.  Notifications of price increases must also be clear and easy to understand and make customers aware of the nature and likely impact of the contract change.

Where relevant, information about the customer’s right to exit the contract should be made clear upfront – for example, on the front page of a letter or in the main e-mail message, rather than via a link. The period within which consumers can cancel their contract (Ofcom’s guidance sets out that providers should allow consumers 30 days) should also be made clear.

The new rules take effect in 90 days.

Some Clearwire customers remain unhappy when speeds are throttled to “manage” the network.

Clear (formerly known as Clearwire) has announced a general rate increase of about 10 percent for customers using its legacy 4G WiMAX broadband service.

As a result, most customers will pay about $5 more per month for fixed wireless or “on the go” broadband service.

“We instituted this to remain competitive and manage our costs,” a Sprint representative told Broadcasting & Cable. “Like our competitors, we must respond to customer trends, and provide a good user experience, and as a result we will make adjustments to fees and services from time to time. Our offer is still comparable to other offerings in the marketplace.”

Some customers would argue with Sprint’s definition of a “good user experience,” as complaints continue about heavy-handed throttling of Clear’s service that makes high bandwidth applications painful or impossible to use in the evening.

Stop the Cap! reader Akos contacted us this week to complain Clear still advertises and contracts for “unlimited data and top speeds,” while not exactly being upfront about targeting certain traffic for a prime time speed throttle that effectively keeps customers from streaming video.

“They openly admit their service is being throttled by software at each tower site that activates when it detects streaming video services like Netflix, reducing speed from 1.3Mbps to as little as 20kbps, rendering it unusable,” said Akos.

The speed throttle is usually active from 8pm-1:30am daily, when traffic is anticipated to be highest. Clear speaks about its network management speed throttle in the fine print: its Acceptable Use Policy.

Akos complains Clear’s speed throttle makes it easy to blame the streaming service, not Clear itself, because customers running speed tests will not see throttled speeds.

“It fools people to think the problem is on their end or with the streaming service, so customers don’t complain to Clear,” says Akos.

As a result, people using streaming video services get about 30 seconds of uninterrupted video before the throttle kicks in bringing extensive buffering delays.

Clearwire’s Speed Throttle Subject of Lawsuits

Clear’s own 2010 marketing promises unlimited usage with no speed reductions, like those “other” providers.

Clearwire’s speed throttle has been a part of life with the wireless service since 2010. Clearwire had significant legal exposure over its choice of network management because the company routinely advertised “unlimited service” with no speed throttles or overlimit fees. At least three lawsuits were filed against the company for its undisclosed throttling practices, eventually condensed into a single class action case that was finally settled last month.

Under the terms of the settlement, Clear admits no wrongdoing, but will clearly disclose it uses “network management” practices — a term that generally means usage caps and/or speed throttles — and will give customers information about the speeds they can expect when the throttle is active. As of today, Clear has not done that. Clear also volunteered to suspend term contracts and waive early termination fees for customers complaining about speed issues.

At least seven law firms handling the case will split a total award fee of $1,887,792.91 and expenses of $62,207.09. Individual representative plaintiffs each receive up to $2,000. Everyone else identified as part of the class action case that returned a claim form prior to Jan. 3, will receive an average of less than $30:

• a 50% refund of any early termination fee charged after a customer canceled service because of speed throttling;
• a rebate of $14 for customers signing up for Clearwire before Sept. 1, 2010 and experiencing speed throttling or a rebate of at least $7 for Clearwire customers signing up on or after Sept. 1, 2010;
• plus varying amounts for each month of service prior to Feb. 27, 2012 during which Clearwire’s records show it throttled a customer’s Internet speed. Customers throttled at 0.25Mbps will receive $5.00 for each month throttled, 0.60 Mbps: $3.00, and 1.0 Mbps: $2.00.

Court documents reveal of the 2,733,406 customers identified in Clearwire’s records as being speed throttled, only 83,840 submitted timely claims as part of the class action case. This represents a claims rate of about 3.1%. Of those, 76,199 were for speed throttling, 2,331 were requests for reimbursement of early termination fees.

The Future of Clear’s WiMAX and Sprint’s 4G

Sprint purchased the assets of Clearwire Corporation in July, rebranded the network “Clear,” and as of the end of August, stopped selling WiMAX devices to customers. Although Clear will still activate existing equipment, potential new customers are being marketed broadband plans on the Sprint network instead.

Former Clear dealers have received word Sprint plans to eventually decommission its acquired WiMAX network as early as 2014, most likely by gradually converting portions of the 2.5GHz spectrum Clear’s WiMAX service now uses in favor of Sprint’s 4G LTE service in urban and high congestion areas. Clearwire itself was in the process of adopting a variant of 4G LTE technology that would gradually replace the outdated WiMAX standard when Sprint acquired the company.

Although Sprint runs its own 3G network, it partnered with Clearwire to provide 4G WiMAX for Sprint customers. In 2011, Sprint announced it would stop selling devices with built-in support for WiMAX and announced it would launch its own 4G LTE network. Sprint will adopt the same version of LTE other North American carriers are using: FD-LTE, or Frequency Division LTE, which requires one transmit channel and one receive channel. But it will also support and continue Clearwire’s upgrade to TD-LTE, or Time Division LTE, a slightly different standard that supports receiving and transmitting signals on a single frequency at slightly different time intervals, providing enhanced spectrum efficiency. At least 5,500 towers should be active with TD-LTE service by the end of this year. End users will care only to the extent their devices support one or both standards.

Sprint’s 4G LTE rollout will depend primarily on higher frequency spectrum that is disadvantageous indoors and over extended distances. Sprint’s competitors AT&T and Verizon Wireless primarily depend on lower 700MHz frequencies that penetrate buildings better and can serve a larger coverage area. But a combination of Sprint and Clearwire’s spectrum assets give Sprint the most wireless spectrum of any U.S. carrier, which means potentially faster speeds and more capacity.

• 1900MHz: Sprint’s primary 4G FD-LTE service is now available in 151 cities on more than 20,000 cell towers;
• 2500MHz: Now used by Clear’s legacy WiMAX network, will see a transition towards Sprint’s TD-LTE service which will be targeted to urban and high congestion areas from “small cell” sites;
• 800MHz: The former home of now-shuttered Nextel, Sprint will eventually launch FD-LTE service on this band which will offer better indoor and marginal area reception.

Customers can expect devices that support both FD-LTE and TD-LTE in 2014.

Mediacom, the worst-rated cable operator in the United States, claims it needs usage caps and consumption billing to force heavy users to pay for needed upgrades. But that isn’t what Mediacom’s executives are telling investors and the Securities and Exchange Commission (SEC).

Thomas Larsen, group vice president of legal and public affairs for Mediacom told The Gazette the consumption-based billing program was intended to pay for the cost of network upgrades incurred by “individuals who are the highest users.”

But Mediacom’s August 10-Q filings (Mediacom LLC and Mediacom Broadband LLC) with the SEC indicate Mediacom’s revenues are increasing faster than the cable operator’s costs to provide service, as customers upgrade to more costly, faster speed Internet tiers.

“Revenues from residential services are expected to grow as a result of [broadband] and phone customer growth, with additional contributions from customers taking higher speed tiers and more customers taking our advanced video services,” Mediacom reports. “Based upon the speeds we offer, we believe our High Speed Data (HSD) product is generally superior to DSL offerings in our service areas. As consumers’ bandwidth requirements have dramatically increased in the past few years, a trend we expect to continue, we believe our ability to offer a HSD product today with speeds of up to 105Mbps gives us a competitive advantage compared to the DSL service offered by the local telephone companies. We expect to continue to grow HSD revenues through residential customer growth and more customers taking higher HSD speed tiers. “

Mediacom’s consumption billing program, already in effect for new customers, will be imposed on all Mediacom broadband customers starting in September. Larsen claims only about three percent of customers will be impacted by the usage allowance, which will include 250GB of usage for customers selecting the company’s most popular speed tier. Larsen also claimed the average Mediacom customer uses only 14GB per month.

That usage profile is below the national average, and leads to questions about why Mediacom needs a usage allowance system when 97 percent of its customers do not present a burden to the cable company.

“Once a customer reaches their monthly allowance,  for $10 they can purchase an additional 50GB a month of capacity,” Larsen explained. “Each time that they reach that next level, they’ll be able to purchase another allotment. We’re never going to stop you from using data, we’re just going to charge you more if you exceed your monthly allowance. Before, we could cap you, there was no mechanism for them to purchase more.”

Mediacom did not frequently enforce its usage caps in the past except in instances where usage levels created problems for other customers. Despite Larsen’s assertion Mediacom would spent the overages collected from heavy users on broadband upgrades, Mediacom’s report to the SEC indicates broadband usage has never been a significant burden for the cable operator:

Our HSD and phone service costs fluctuate depending on the level of investments we make in our cable systems and the resulting operational efficiencies. Our other service costs generally rise as a result of customer growth and inflationary cost increases for personnel, outside vendors and other expenses. Personnel and related support costs may increase as the percentage of expenses that we capitalize declines due to lower levels of new service installations. We anticipate that service costs, with the exception of programming expenses, will remain fairly consistent as a percentage of our revenues.

Although Mediacom reported field operating costs rose 7.6%, much of that increase was a result of greater fiber lease and cable location expenses on its wireless backhaul business for cell towers and greater use of outside contractors. In the company’s latest 10-Q filing, Mediacom reports its revenues increased 2.9 percent in the past year while its costs rose only 1.5 percent. Mediacom’s revenues from its broadband division are even more rosy, rising 9% in the past year alone. In fact, broadband is the company’s highest growth residential business.

Many of Mediacom’s long-standing customers were initially promised they would be exempt from usage caps, with only new customers subject to usage limits. But Mediacom has unilaterally changed their minds, much to the consternation of some customers.

As of this afternoon, Mediacom is still promising customers usage caps only apply to new customers and those making plan changes.

“It is my belief a man’s word is gold and when Mediacom customers have been told for ages they were grandfathered in with no usage data charges unless they changed plans, that is how it is supposed to be,” said D. Gronceski. “I have explicitly turned down service increases in the past to stay on the unlimited usage plan originally offered by Mediacom […] so I get screwed twice, once for bandwidth caps and again because I’m not getting the services I would be getting if I had not refused the automatic increases.”

Other customers incensed about the new usage limits have called to cancel service only to be threatened with steep early termination fees.

“Why do I have to pay an early termination fee?” asked AustinPowersISU. “The way of billing for the service is changing and I do not agree to this method of billing. I should be allowed to terminate my service without paying a fee.”

A Mediacom social media team representative offered one suggestion for customers finding themselves quickly over their usage limits: upgrade to faster speed tiers at a higher price. As for complaints about the unilateral introduction of usage caps with overlimit fees, it’s tough luck for customers, on contract or off:

All Internet users will be held to the new terms of service and usage based billing as of Sept. 7, 2013.  There is no agreement to sign, no acknowledgement needed.  Continuing to utilize Internet services is acceptance of these changes. If for any reason you do not feel that your current service level meets your needs, let us know and we can have a representative contact you with further options.

[…] Per the posted terms of service and acceptable use policy, there has always been an established data consumption threshold (data allowance) to be enforced at Mediacom’s discretion.  With this change, we have clarified these methods of enforcement and have expanded the allowance to offer different levels of users different options.  We have notified the proper departments of possible additions, but these statements are and have been posted.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCRG Cedar Rapids Mediacom Going Usage Billing 8-21-13.mp4[/flv].

KCRG in Cedar Rapids reports Mediacom is switching to consumption billing for broadband service in September.  (2 minutes)

The meter is lurking

AT&T may soon approach your electricity provider to encourage the introduction of prepaid electrical service, powered by AT&T’s wireless network.

AT&T is looking beyond traditional cell phone service to keep profits flowing into its lucrative wireless business. A growing segment of revenue is anticipated to come from so-called “machine to machine” communications. One application, Meter Data Management (MDM), provides connectivity to wireless-enabled smart utility meters, and is expected to grow 300 percent to $221 million by 2014.

Although now uncommon in the United States, prepaying for electric service is found in many parts of the world where cash-strapped consumers tend to renege on the bill. With late and non-paying customers remaining a consequence of the current American economy, AT&T is encouraging utilities to adopt pay-for-use technology that will cut the 10 percent of late-payers off the grid and save utilities money spent to collect past-due bills.

AT&T argues the next generation of “smart meters” can do a lot more than report meter readings over a wireless network. The technology can be leveraged to offer risk-free utility service, targeting credit compromised customers and those seeking to avoid billing surprises from excessive energy use.

Customers switched to prepaid electric service fill their meter with an allotment of energy usage from prepaid top-up cards sold by area convenience stores, supermarkets and even street vendors. Customers can also use credit cards or authorize checking accounts to be debited on a regular basis. Customers who exceed their allowance quickly find their service shut off automatically, depending on state laws. Making a payment switches the power back on within minutes.

“Nearly 30 percent of people are on a prepay mobile plan in 2013,” said Ed Davalos, lead product marketing manager at AT&T, during a recent Greentech Media webinar. “That cannot be overlooked. The consumer has already changed.”

Getting utilities to adopt the system may require AT&T, in partnership with other vendors, to front some of the costs to switch to smart meter and prepaid billing technology. A study commissioned by AT&T found the biggest hurdle to adopting prepaid electric service is understanding who pays to implement it. One-third of American utility companies would launch prepaid service if it could be done for no or low-cost. Another one-third say they would seriously consider it if someone else put up the money to introduce it.

Since customers can only use energy they already paid to use, there is no payment risk to the utility company. AT&T estimates nearly 10 percent of all utility customers receive disconnect notices every month. The utilities eventually cut service to 3-5 percent of those who still don’t pay, which usually requires a truck to be sent to the customer’s home.

Using prepaid electric service offers utilities the power to switch off service at the office without a costly truck roll and prevent customers from running up an enormous past due balance. If just 10 percent of customers switched to prepaid electric service, AT&T estimates an average utility with 250,000 customers would save $5-15 million per year in costs. Those using prepaid service are so wary of exceeding their power allowance, they use about 11 percent less electricity than non-prepaid customers, reducing demand on electricity generation.

This cellular module is designed to fit within many power meters.

Customers enrolled in prepaid service get to check their energy usage and some utilities offer different rates depending on the time of day. That means cost-conscious customers might hold off doing laundry until rates drop overnight. Others might avoid air conditioning use in the late afternoons, when fluctuating power rates are typically at their highest.

Campbell McCool, chief marketing officer of SmartSynch said the actual costs to the wireless network to manage prepaid was “well under” $0.50 per meter, per month — and SmartSynch executives have offered it can be as little as pennies per meter, per month depending on volume.

Verizon is also involved in the business, announcing a partnership with eMeter to offer cloud-based, scalable MDM for utilities.

Forty-two percent of U.S. electric customers now have digital meters, up from less than 5 percent in 2008. In 2015, more than 50 percent will have them, according to one consultant.

With the introduction of smart meters come risks, warns some consumer advocates.

Last month, the U.S. power market regulator moved towards charging JPMorgan with manipulating higher fluctuating electricity prices with fraudulent trading schemes, impacting customers in California and the Midwest.

Third party electricity marketers have also become a problem in many deregulated power states, with come-ons ranging from rebate checks to introductory rates that expire and leave the customer paying skyrocketing electricity rates well above the cost of buying service direct from the local utility. Many also impose lengthy contracts with steep early termination fees.

Smart meters allow utility providers to conjure up a number of marketing programs, such as a “free power day” offered once per week. Customers signing up for promotions like that typically avoid running the washing machine, dryer, and dishwasher except on days when they won’t pay to use the appliances. Others have to wait until after midnight for savings to kick in from overnight energy discounts.

But many of the programs have been designed to promise more savings than they deliver. Power providers have been criticized for aggressive door-to-door marketing, fraudulent utility switches reminiscent of days when phone customers found their long distance carrier switched without their permission, and tricky promotional checks that, once deposited, commit a customer to several years of service with a provider at whatever rates they choose to charge.

But lack of savings isn’t the only problem. In Texas, utilities can cut power service to customers within 24 hours of warning them they have exhausted their prepaid balance.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/ABS-CBN Regulators promoting use of prepaid electricity 10-25-12.flv[/flv]

In the Philippines, prepaid electric service was introduced to cope with customer complaints about high electricity rates. ABS-CBN News reports the meters don’t cut the price of electricity, they just help customers better manage bills by suggesting ways to reduce usage. (Oct. 2012) (2 minutes)