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Analysis: Comcast’s Cap Sounds Generous, But After You Learn the Facts, It’s Not

Comcast’s announcement that it would implement a usage cap of 250GB per month comes on the heels of the company’s entanglements with the Federal Communications Commission, who spanked the nation’s largest cable operator for purposely interfering with Internet traffic  Comcast felt constituted a problem on its network – namely torrent traffic.

Cable operators face the evolution of cable modem service from something primarily valued by a minority of Internet enthusiasts into a “must-have” product for more and more Americans.   And with the spectacular growth of the Internet, new applications are being introduced daily that are specifically designed to take advantage of the speeds that broadband promises to provide.

Today's Lesson In Unparalleled Greed: Invent a bandwidth "crisis," throw a usage cap on your customers without proving you need to, threaten to cancel service for anyone who exceeds it, kill your competition, and laugh all the way to the bank!

Unparalleled greed means not being able to fit all of the cash we're going to make off you into just one briefcase!

Just 24 months ago, the “problem” was peer-to-peer traffic, such as file sharing networks and torrent applications.   Customers fired up their trading software and often let it run for hours on end as they attempted to grab the latest software, TV show, or movie.   File sharing software can consume an enormous amount of bandwidth, as users share  files with one another, uploading and downloading pieces of a favorite TV show or movie until a complete file is assembled.   Good etiquette dictates leaving the software running even longer to help make sure everyone else in the queue  can  complete their download as well.

The result was a lot  of traffic going in both directions.   Most networks in the United States are designed to handle people receiving more files than sending them, and file sharing software began to challenge that paradigm.

Soon enough, broadband providers began complaining that this kind of traffic was tying up their networks,  designed for what company officials thought  average customers  would do with their Internet connection.   People consuming a lot of bandwidth downloading music or movies required operators to spend more money to expand and enhance their networks.

Ironically, the same companies complaining about file sharing created their own “problem” by marketing cable modem service as the fastest way to… download movies and music!   DSL, they said, kept you waiting for your favorite show while cable modem service guarantees your show will be ready the moment the popcorn is popped.

The earliest theories of the artificial “bandwidth crisis” offered by companies annoyed with having to keep up with the demands of their customers, suggested that file sharing traffic would be the death of the Internet as we know it, as torrent traffic completely clogged the network, consuming any and all available bandwidth.   Godzilla’s destructive powers had nothing on file sharing, which could literally create a global Internet crisis.

Comcast decided it could address the torrent traffic problem by inspecting the bits and bytes of traffic running across its network and, at certain peak times, substantially slow down the delivery of that traffic.   Their theory suggested that this would protect other customers  from the neighbors eating up more than their fair share of bandwidth.   In practice, it essentially crippled the usefulness of running any torrent application.

Comcast paid people off the street to "hold seats" at one FCC hearing, keeping the interested public out. (Courtesy: Free Press)

Comcast paid people off the street to fill one FCC hearing room, keeping conscious members of the public out. (Courtesy: Free Press)

The FCC would have none of it, telling Comcast it cannot discriminate against the traffic being carried over its network.   The answer to the traffic problem was to build better roads to  manage the traffic.

Instead of simply agreeing to keep up with demand, Comcast has now approached this “bandwidth crisis” from a different angle.   It has simply put a limit on the amount of traffic each subscriber can utilize on its network during a 30 day period, regardless of what that traffic represents.

Comcast’s suggested limits on bandwidth gave a number of broadband providers the idea that they, too, could slap caps on their customers.   And since the usage cap question was first raised nationally earlier this year, the suggested caps have gotten lower and lower from each subsequent company testing or implementing them.

Cox has “informal” caps of up to 75GB  per month in some areas.   Time-Warner began testing caps of up to 40GB per month in Beaumont, Texas.   Frontier announced a forthcoming 5GB usage cap, which is among the lowest in the United States.    In Canada, companies have gone even lower with caps like Rogers’ 400MB monthly cap for their $60 wireless Internet plan for iPhone owners.   Canadians were so outraged by that cap, Rogers eventually had to relent and create a 6GB monthly service package for $30.

Usage capping cable and DSL providers  are in a race to  the bottom as they try to learn  how low they can  go without creating mass  defections among their customers.

Some Comcast customers have told Stop the Cap! they are relieved that at least they are on the top of the usage cap pile with  Comcast’s 250GB cap, which at first  glance appears generous.   In fact, only a small minority of their customers will currently exceed that kind of usage cap.

But regardless of how generous a usage cap appears, it still raises a lot of questions.

1. If informal efforts to control “bandwidth hogs” have been so successful, why bother with a cap at all?

For several years, Comcast has informally enforced its own internal interpretation of a usage cap with customers who consumed incredible amounts of bandwidth, usually as a result of running a home-based torrent/peer-to-peer file server, web server, or other application that runs contrary to the residential acceptable use policy.   Company officials send warnings to customers who consume hundreds of gigabytes of bandwidth every month.   Comcast’s own public statements indicate such warnings are usually successful.

“We know from experience the vast majority of customers we ask to curb usage do so voluntarily,” Comcast notes on their website.

So why bother the 99% of the rest of your customers with a formal usage cap if they don’t come anywhere close to exceeding it?   It’s awfully hard to convince people of a broadband bandwidth crisis if you also claim the overwhelming majority of your customers consume less than 5% of your proposed cap!

2. While most people won’t come close to 250GB of usage, unless they are backing up their files through an online backup service or are downloading a very large number of files, the usage cap that seems generous today is draconian tomorrow.

This little piggy says you've had enough Internet for this month.

This little piggy says you've used enough Internet for this month!

The biggest problem usage caps bring to the table is the artificial drag they create on innovation.   In the global race to be leaders in the emerging Internet economy, the United States was in a strong position to lead the world in  high bandwidth next generation applications like streamed high definition video programming, store-and-forward video on demand and Tivo-like recording, storing TV shows online and delivering them to you on demand, online file backup services, high quality video teleconferencing,  new “cable-TV”-like services over broadband which compete with cable and satellite providers, and more applications  yet to be dreamed up.

Just ten years ago, when most cable modem service began to really get off the ground, the Internet of the late 1990s was very different from the Internet of today.    A usage cap based on what customers did then would likely be under one gigabyte  a month, as users satisfied themselves with low  bitrate RealAudio streams, slideshow-like online video, and  a  World  Wide Web considered primitive by today’s standards.

As broadband Internet became established in a growing number of consumers’ homes, the applications to take advantage of the increased bandwidth followed.    Voice Over IP telephone services, high quality streamed audio and video, and online file storage would never have been developed based on the Internet of the late 90s, and would never have gotten  off the ground in a world with usage caps.

High definition streaming video consumes  many gigabytes per hour.    It’s among the very first exciting applications being made available to consumers with broadband connections, but will die an early death if usage caps are the order of the day.

3. Usage caps are anti-competitive and convenient, particularly as those who mandate them have a direct interest in limiting the potential of competitors that exist today or cannot get start-up funding tomorrow.

Usage caps actually do nothing to solve the “bandwidth crisis”  the cable and DSL companies suggest are on the verge of killing the Internet.   They merely restrict the  natural growth of traffic, allowing companies to pocket higher profits and spend less on expanding and enhancing their networks.

Sky Angel, a multichannel "cable"-like service for Christian viewers, depends on broadband to send its channels to customers.  Can they survive with usage caps?

Sky Angel, a "cable"-like system for Christian households, delivers more than 65 channels over broadband. How can they survive usage caps?

More importantly, cable companies conveniently put a stop  to plans to bring competing  multichannel video packages to consumers over the Internet.   The “cable company online” model exists today with providers like SkyAngel, which delivers Christian and secular “pro-family” programming to its customers over a set top box connected to the Internet.   More than 65 channels ranging from TBN to Animal Planet and The Weather Channel reach their customers over broadband for a monthly subscription fee.    SkyAngel’s service is in peril in a world with usage caps that will limit viewing to as little as  a few hours per month before exceeding usage caps.

Netflix and  some satellite dish companies offer video on demand programming utilizing the Internet to deliver the programming to subscribers.   In a world with usage caps, you will be stuck watching those programs only  from your cable company or local video rental store.

Future businesses that seek start-up funding to build the  high  bandwidth applications of the future will get a  guaranteed rejection once potential investors learn that consumers will be unable to  take advantage of those applications because they will exceed their usage caps and have their service shut off.

Of course, the convenient exception  to the usage cap world comes  from companies that partner with that cable or DSL company.

Frontier has already announced it  will exempt its partners from their 5GB usage cap.   ESPN360 and their online backup service preferred partner will enjoy the benefits of an uneven playing field in the marketplace because they aren’t subject to a usage cap.   Everyone else is.

What about  Time-Warner and Comcast?   Will their partner services  also enjoy exemptions from  usage caps while everyone else is forced out of business when customers discover that using them  puts them over their monthly limit?

What about Voice Over IP?    Cable companies are giving telephone companies a real headache by offering telephone service over cable lines at highly competitive pricing.   But  independent companies like Vonage and MagicJack don’t enjoy the benefit of being  exempted from  usage caps limiting the number of calls you can make or receive.   If you are owned or  are partnered with a cable or  DSL company, your service gets a free pass from the usage cap.   Everyone else is  potentially buried by it.

4. The punitive measures suggested  for those that violate  usage caps scare customers into using their connections even less, to the great benefit of the bottom line of the broadband provider.

What’s  the best way to make sure your customers use their connections as little as possible?   Impose outrageous penalties for exceeding usage caps.   Comcast proposes to send a warning letter first, but then potentially turn off a customer’s service for six months to an entire year if they dare to use their broadband service more than the company wants.

Other providers have discovered the tangible benefits of the “penalty rate.”   It guarantees striking fear into the hearts of your most hearty customers, when to exceed the cap means paying 50 cents per MEGABYTE for traffic above and beyond your capped limit, as Rogers charges Canadians right now.

Download that one hour episode of CSI: Miami, and pay up to $175 in penalties on your next bill.   Ouch!   Imagine the conversation at that family’s dinner table after your son or daughter downloaded a TV show before you had a chance to tell them you were at your monthly limit.   Horatio Caine can then come and solve the homicide at your house.

It all comes down to paying the same or more money for less service.   And if you are potentially going to have your service cut off or outrageous overage fees billed for exceeding that cap, you will make darn sure you don’t even come close to it out of fear of exceeding it.

Being in the “bandwidth shortage business” means more profits for you, less service for your customers.

The best part about imposing usage caps is that you get to invent word of a “bandwidth crisis” to justify penalizing your customers, provide absolutely no independent evidence to prove such a crisis exists, reduce your investment  in keeping your network up with the times, and help protect your product lines from pesky competition.  

After all, your cable modem or DSL service was among your most profitable products before usage caps were even proposed, but now you can make even more money.   And if a competitor ever does arrive without usage caps, you can just drop them and go back to making a decent profit instead of one that rivals the oil industry.

We’re Back

Phillip Dampier August 29, 2008 Editorial & Site News Comments Off on We’re Back

A death in the family has kept me away from adding new articles during the past week, but coverage of several important stories, including the Comcast usage cap and some updates on other providers’ plans, as well as more on the Frontier matter, will be forthcoming shortly.

I appreciate your understanding for the delay.   I will be adding additional editors and writers to Stop the Cap! in September to increase our coverage and frequency of reports.

Stay tuned!

Our “Take Action” Plans

Phillip Dampier August 20, 2008 Editorial & Site News 2 Comments

It has been quiet here the last few days as work continues on our expanded Resources section.   Some sample Letters to the Editor are online already, but additional writing is underway to help people do more than just read about usage caps, but also fight them.   Keep an eye out for developments.

I am also contacting many of those who have written in who want to get more actively involved in fighting the cap issue, in addition to joining a team of writers to post articles, news, and links to other stories on this issue.   We welcome anyone who wants to help join the fight.   Just use the Contact form or reply with a Comment and I’ll be in touch.

Some important articles are in the works on the issue of usage caps, including at least one major wire service report which should land in newspapers around the country which should appear in the next few days.

Stop the Cap.com vs. Stop the Cap.org

Phillip Dampier August 17, 2008 Editorial & Site News Comments Off on Stop the Cap.com vs. Stop the Cap.org

It was a good thing we launched when we did.   The Working Families Party and the Alliance for Quality Education were stuck with Stopthecap.org for their new website to protest New York Governor David Patterson’s plan to cap property taxes in New York State.   They launched a high price advertising campaign across the state to get people to contact their elected officials and get them to say no:

Property Taxes are a real problem. But the tax cap gimmick will hurt our schools, and won’t even reduce property taxes.  

If you arrived here looking for that website, it’s because you reflexively typed stopthecap.com  into your web browser.   But before you go, take a moment and read up on an issue New Yorkers are likely to face in the next twelve months –  unjustified usage caps on your Internet access, now proposed or being  tested  by two major Internet providers in the state – Frontier Communications and  Time-Warner’s Road Runner service.

We’re devoted to protecting consumer interests, and as a fellow New Yorker that is already paying too much for everything in the Empire State,  the last thing we all need is to cough up $40 a month (or more) for Internet access that limits you to watching two movies a month, or  charges you outrageous overage fees for anything you use above the limit.

Let’s Dialogue: Coping With Peer-2-Peer & Video Usage On Broadband Networks

Phillip Dampier August 14, 2008 Issues 2 Comments

One of the usual excuses given to promote the need  for  usage caps on residential broadband accounts is the person on the network who has fired up their peer-to-peer sharing application (usually torrent software) and has left the thing running 24/7 for the entire month.   This person is inevitably  held up as an example  in the pro-cap community as someone who is “abusing the network” by downloading terabytes worth of data “that no person could reasonably use in a month.”

There have been some interesting reports on the impact of peer-to-peer applications on broadband in the last  two weeks  (“20% Drop in p2p on AT&T Backbone Other video, like YouTube and Hulu, twice as high” – DSL Prime, 8/1/2008).   Ask a torrent fan what they enjoy getting the most from using such applications and it usually turns out to be television shows.   With the advent of more… authorized methods of accessing  favorite programs, including Hulu, Joost, iTunes, and the network websites themselves, people can  get  near instant gratification  without waiting hours, if not days, for a coveted episode to finally arrive over some BitTorrent site.

Is there something missing from the usual equation offered by cap advocates that “excessive/abusive use” + “limited bandwidth” = a usage cap to “better manage network traffic?”

Also, is there a place in the discussion for bandwidth providers to better dialogue with their customers, educating them about the impact of running certain file sharing peer-to-peer software on a continuous basis, not only on network traffic, but also potentially slowing down the connection for everyone else in the house?   How many parents have only the most limited knowledge about the software their kids are running?   And if it’s the head of the household running the software, do they even know how much bandwidth such tools could consume if left running continuously.

Do you think people would respond to a voluntary request by providers to not run such software  unattended for hour after hour, day after day?    Would  a customer  be more inclined to reduce usage  knowing that a voluntary reduction  could mean not having to  place caps on every customer?   What are your feelings about such a proposal?   Would it be effective?   Or do you dismiss the peer to peer traffic argument entirely?

Part of the purpose of Stop the Cap! is to offer some potential new ideas with providers genuinely interested in traffic management and not simply imposing caps as a way to increase revenue.   Your comments and advocacy for or against this idea are welcome.   Just hit the Comments button under the article headline and share your views.   Providers do read Stop the Cap! and many are genuinely interested in reading your views.

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