Stop the Cap! has hammered ISPs for a long time for promising “unlimited” broadband but sneaking in “traffic management speed throttles” they call a matter of fairness and we call deceptive marketing.

Virgin Media’s UK broadband customers have just been introduced to the extreme absurdity of selling “insanely fast” fiber broadband that comes with a sneaky spreadsheet guaranteed to confuse all but the most observant byte counters.

Some customers suspect Virgin Media is just retaliating for repeated findings from British regulators that the company runs dodgy advertising that promises one thing and delivers something entirely different in the fine print. More than two dozen of their TV commercials and print advertisements have been banned for deceptive ad claims, ranging from the “fastest broadband in Britain” (not exactly) to promotions promising “free service” that actually costs around £15 a month (what is a dozen quid or so among friends).

So why does Virgin Media need traffic management? They have oversold the service to too many customers and won’t invest enough in upgrades to keep up with demand.

Network overselling is more common that you might think. ISPs understand that all of their customers will not be online at the same time, so there is only a need to provision enough bandwidth to support their assumptions about anticipated usage. If your ISP serves a gated Luddite community, it won’t need the same data pipe required to provide access along University Row. The trick is to use real science and math to correctly anticipate user demand, but many ISPs answer first to their investors, who simply hate spending good money on upgrades. Expansion proposals are about as popular as North Korea’s Kim Jong-un. The result is “good enough” broadband service that is susceptible to overcrowding during prime usage times.

You already know what happens next. Once the kids are home from school and dinner is finished, your online experience quickly s l  o   w    s     t    o     (buffering).

In Britain, some ISPs are notorious for overselling broadband service that advertises speeds in the dozens of megabits, but can’t even break 1Mbps during peak usage times.

How can this be fixed? With investment in upgrades. What do ISPs do instead? They slap on usage caps and “network management” speed throttles that artificially slow browsing speeds for those considered “heavy users.”

Virgin Media was supposed to be a breath of fresh air from usage caps. Instead, the company promises a truly unlimited experience, with limitations.

Virgin’s latest iteration of its “peak time usage policy” resembles a tax table from the Internal Revenue Service. Can you understand it?

Despite this, Virgin calls its broadband service “to all intents and purposes, completely unlimited.”

Where is that British regulator, again?

The company claims less than 3% of its customers will ever be affected by these limits. They might be right if customers avoid online video, downloading large files or games, cloud storage, or allowing other family members to use their connection at the same time. If one is subjected to the speed throttles, Virgin will take away nearly half of the speed customers were sold.

Here is Virgin’s position on all this:

“Our 100Mb customers receive speeds up to 104.6Mb, proven by Ofcom, and even if you’re one of the 2.3 per cent of heavy users we sometimes, temporarily traffic manage you’ll be receiving speeds of around 60Mb — so you can download and stream as much as you like.Today’s update makes it more flexible and responsive to how people are using our services and is designed to reduce the time customers may spend in traffic management, it could be just one hour. We do not have caps, nor do we charge customers more.”

That is true, but Virgin is charging a premium for broadband service speeds they are prepared to automatically take away when a customer persists in using the service they paid to receive.

Virgin could pay their experts to conjure up speed management charts like the one above, or they could invest in network upgrades that make such network management techniques unnecessary.

Japan has leapfrogged over Google’s revolutionary 1Gbps broadband service with twice the speed for roughly $20 less a month.

Sony-owned So-net Entertainment on Monday introduced its 2Gbps optical fiber GPON service called NURO, charging as little as $51 a month for 2/1Gbps service.

“Light NURO is reasonably priced, very high-speed fiber to the home broadband that delivers the world’s fastest speeds on technology usually reserved for commercial service,” the company said.

NURO is available in Tokyo and six Kantō region prefectures, including Kanagawa, Chiba, Saitama, Gunma, Tochigi, and Ibaraki.

Customers agreeing to a two-year contract get the best prices and a waiver (in certain circumstances) of installation fees as high as $540. Customers wishing to avoid a term contract can sign up for around $77 a month.

Customers are supplied a wireless router with support for speeds up to 450Mbps backwards-compatible with all Wi-Fi wireless devices.

NURO also offers landline telephone service over the fiber network for $5.38 a month. The charge for local calls is $0.09 for each three minutes. Calls to the United States are even cheaper: $0.08 for each three minutes. (There are no government-mandated surcharges on international calls, which account for the lower prices.) Calls to Voice Over IP lines, including other So-net customers are free. Softbank mobile phones can also be free of charge with an add-on plan.

So-net has been providing broadband service in Japan since 1996 and is an aggressive user of optical fiber technology. The company says its new speeds may be even too fast for current wired home LAN technology, but claims faster broadband speeds also enable customers to share multiple devices within the home with absolutely no speed reductions from the shared connection.

So-net serves a densely populated region of Japan that consists of mostly multi-dwelling apartment units and condos and closely packed single family homes. It is not unusual for many urban Japanese homes to have almost no yard, with square lots accommodating a vehicle, storage shed, and little else. Wiring these densely populated communities helped Japan accelerate fiber deployment with more customers served per square kilometer than in countries like the United States or Canada.

[flv width=”640″ height=”323″]http://www.phillipdampier.com/video/So-net NURO Ad 4-13.flv[/flv]

So-net’s advertising campaign for its NURO fiber to the home service is opaque by western standards, avoiding details about the product, and is strangely presented in English. (2 minutes)

Shaw Communications has acquired Calgary’s largest fiber optic cable network in a $225 million deal with ENMAX Corp. in a bid to strengthen its ability to serve large corporate customers who need more bandwidth than Shaw is now positioned to offer.

ENMAX sells its Envision fiber service to large corporate clients in and around downtown Calgary and to those businesses that need dedicated connectivity across multiple offices. The acquisition will further enhance Shaw’s dominance in Calgary. Shaw remains western Canada’s largest cable operator with an emphasis on serving Alberta and British Columbia.

Shaw’s business plan, revamped last year, is much closer to American cable operators than Rogers Communications — the dominant cable company in eastern Canada. Shaw abandoned its mobile ambitions and will stay out of the cellular business. In January, Shaw announced its intentions to sell its AWS wireless spectrum holding to Rogers.

Shaw has also ended efforts to expand eastward after announcing it would sell Mountain Cablevision, Ltd., which serves parts of Hamilton and the Niagara Region of Ontario, to Rogers.

In 2013, Shaw subscribers can expect to see a broadening of the company’s growing Wi-Fi network — available free of charge to its broadband customers, a major upgrade to its DreamGallery set-top box software interface, and the completion of plans to switch its cable television lineup to an all-digital format by the end of this year.

AT&T suddenly announced it was ready to build its own gigabit fiber network in Austin.

AT&T and Time Warner Cable report they are ready to make more investments in their operations in Austin, Tex. to compete with Google Fiber when it arrives in the middle of next year.

Time Warner Cable says it already operates a multi-gigabit fiber optic network — one residential customers cannot easily access or afford. Residential broadband speeds at the cable operator top out at 50/5Mbps in Austin, at a cost higher than what Google plans to charge for 1,000/1,000Mbps service. AT&T’s U-verse network maxes out at 24/3Mbps, assuming customers have good copper wiring between AT&T’s fiber in the neighborhood and their home.

“The cable and phone company providers have purposely confused their networks’ maximum speed capacity with real end-user speeds for years, and when that fails to convince they simply claim customers don’t need or want those speeds anyway,” says Stop the Cap! reader and Austin resident Sam Knoll.

Knoll is enthusiastic about giving Time Warner Cable the boot, partly to pay them back for their aborted consumption billing trial attempted in Austin in 2009.

“I am not completely convinced Time Warner Cable understands just how much damage they did to their reputation when they pulled that stunt, and I’m certain they will attempt it again if they have a chance,” Knoll said. “The best thing customers can do is switch to a provider that believes usage caps and consumption billing are the fraudulent ripoff we know them to be. Google already knows this.”

Some Time Warner Cable customers in Austin never forgot the company tried to meter Internet usage in a failed experiment back in 2009. (Image: The Austinst)

Competition from deep-pocketed Google could eventually transform the broadband business model for American providers, assuming Google builds its fiber network in enough cities to challenge the conventional wisdom that prices have plenty of room to grow with faster Internet access. The more customers that sign up for Google’s already-super-fast broadband, the more providers will have to compete with better and faster service.

But AT&T is not convinced. The company announced yesterday it was prepared to build a gigabit fiber network not just in Austin, but also in surrounding Williamson County, with plenty of caveats.

“[We will only build the network if] the demand is there and if we get the same terms and conditions as Google received,” said AT&T spokeswoman Tracy King.

AT&T told the Austin American-Statesman the company wanted a faster regulatory approval process and permission to only build its faster fiber network in neighborhoods where there is proven demand for the service. Current franchise agreements often compel providers to offer service throughout the community and prohibits “cherry-picking” customers in high-income or low construction cost areas.

An AT&T official told KEYE-TV he had no idea how much AT&T would charge for gigabit broadband. Google charges $70 a month in Kansas City.

Austin has promised cooperation with Google, although it is not extending tax breaks or grants to the search engine giant. Google will get easy access to Austin Energy’s municipally owned infrastructure including utility poles and rights-of-way.

Google is speculated to be building showcase fiber networks to embarrass incumbent cable and phone providers who typically sell standard broadband service with speeds of 6-15Mbps in most larger communities. Rural areas are lucky to have 3Mbps service, and often much less.

But if Google intended to force major upgrades by cable and phone companies across the country, it might be disappointed with the response so far from AT&T and Time Warner Cable. Both companies indicate they will invest in and upgrade their networks to compete, but only in the service areas where Google-style competition exists. For the rest of the country, phone and cable companies are prepared to continue with the current “broadband scarcity” business model that delivers upgrades only occasionally, often accompanied by usage limits, consumption billing, and/or higher prices.

“Google has proved that there is a business model for selling abundant bandwidth as opposed to a business model for allocating scarce bandwidth,” said Blair Levin, a former chief of staff of the Federal Communications Commission.

“They are saying this is not an experiment. It is a business,” Levin told the newspaper. “In Kansas City, Google did the country an enormous favor. They said, give us regulatory flexibility to design the business and give us access to city property so we can build a network to lower the cost.”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/KEYE Austin Competitor Chimes In After Google Announcement 4-9-13.flv[/flv]

KEYE in Austin talks with AT&T about their plans for a gigabit broadband network to compete with Google Fiber. The AT&T spokesman seemed more interested in pitching the company’s deregulation agenda and was short on specifics.  (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KXAN Austin What competition will Google Fiber face 4-9-13.mp4[/flv]

KXAN in Austin talked with Google competitors Time Warner Cable and AT&T about how they will respond to the Google Fiber challenge.   (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KVUE Austin Fiber Wars in Austin 4-9-13.mp4[/flv]

KVUE in Austin called Google’s entry into the city the opening salvo of ‘Fiber Wars,’ as AT&T promises its own gigabit network. Austin residents intend to take advantage of the competition to force providers to give them better deals to keep their business.  (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KXAN Austin Google Fiber Possibilities Google Insider 4-9-13.mp4[/flv]

KXAN explains the possibilities of gigabit fiber, but also asks a former Google insider why the search engine is getting into the broadband business.  (5 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KTBC Austin Time Warner Cable Responds to Google 4-9-13.mp4[/flv]

KTBC was skeptical of AT&T’s sudden interest in gigabit broadband. “Gee, what a coincidence,” commented the anchor of Austin’s Fox affiliate.  (2 minutes)

On the heels of today’s announcement from Google that it intends to make Austin, Tex. the next home for Google Fiber, AT&T issued a press release claiming it was suddenly interested in building a gigabit fiber network in Austin too.

Today, AT&T announced that in conjunction with its previously announced Project VIP expansion of broadband access, it is prepared to build an advanced fiber optic infrastructure in Austin, Texas, capable of delivering speeds up to 1 gigabit per second.  AT&T’s expanded fiber plans in Austin anticipate it will be granted the same terms and conditions as Google on issues such as geographic scope of offerings, rights of way, permitting, state licenses and any investment incentives. This expanded investment is not expected to materially alter AT&T’s anticipated 2013 capital expenditures.

Currently, AT&T’s U-verse system in Austin — a fiber to the neighborhood system — cannot exceed 25Mbps as it is now configured. GigaOm’s Stacy Higginbotham reports AT&T told her it would build its own fiber to the premises system in Austin to support faster speeds.

But AT&T’s announcement does not come without plenty of wiggle room which could make today’s announcement little more than a publicity stunt:

1. AT&T claims it will build “infrastructure” capable of delivering “up to” 1Gbps. This could mean a network that supports a maximum of 1Gbps of shared Internet traffic, not 1Gbps to each home or business;
2. AT&T does not say it intends this network for residential customers, nor did it suggest a monthly price for gigabit service. Its Project VIP expansion describes planned broadband speed upgrades for residential U-verse customers of up to 75Mbps and for U-verse IPDSLAM to speeds of up to 45Mbps, not 1Gbps;
3. AT&T’s Project VIP already specifies fiber network build outs, but they are destined for cell towers, large business complexes, and multi-dwelling units that will share a fiber connection;
4. AT&T wants the same terms and conditions Google has received, including investment incentives. But AT&T could have applied for those incentives, and potentially could have already received them, if it specified plans for a gigabit network of its own. Instead, AT&T executives have always believed residential customers do not want or need gigabit broadband speeds. In fact, AT&T still doesn’t believe fiber to the home service makes economic sense, which is why it invested in a cheaper fiber to the neighborhood system that still relies on old copper wiring. AT&T also warns that, “Our potential capital investment will depend on the extent we can reach satisfactory agreements” with local officials on those incentives;
5. Wiring a city of Austin will cost tens of millions to reach every resident with service. Such an expense might be considered materially relevant to shareholders, requiring disclosure. Building a much lesser network, like a gigabit middle mile network or only offering fiber service to institutional or commercial customers would cost far less and could escape reporting requirements.

AT&T also did not miss an opportunity to promote its deregulatory agenda, which has so far not proved to be of much help to broadband speed enthusiasts stuck with DSL or U-verse.

“Most encouraging is the recognition by government officials that policies which eliminate unnecessary regulation, lower costs and speed infrastructure deployment, can be a meaningful catalyst to additional investment in advanced networks which drives employment and economic growth,” said Randall Stephenson, AT&T chairman and CEO.

AT&T’s agenda might result in a meaningful catalyst of a different kind — the end of rural landline telephone and broadband service.