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An Open Letter to Content Producers: Netflix, Hulu, Valve, Microsoft, Sony, and Nintendo

Dear Content Producer:

Your money train is leaving the station.

Customers are about to start making some very important choices about what they do on the Internet. AT&T announced this month they are going to start capping their DSL customers at 150GB per month and their fiber-to-the-neighborhood U-verse customers at 250GB per month, with overlimit fees for those who exceed them.

Comcast already has a 250GB per month cap, currently loosely enforced. Time Warner Cable has strongly advocated usage-based billing for years. Other telecommunications companies are all either supporting or considering these Internet Overcharging schemes for one reason, and one reason only:

It makes them absolute boatloads of cash.

Canada already lives with this reality. So does Australia, although they’re backing away from it. South Korea? Japan? Europe? Nope. Flat-rate Internet service is the norm there.  In Europe, mobile customers are demanding the removal of bandwidth caps American providers are still trying to attach to customers’ bills.

So how does this impact you? 250GB a month is a lot, and you’ll be fine? Sure. For now.

But what happens when Sony introduces the Playstation 4, or Microsoft announces the Xbox Next? Games aren’t exactly going to get smaller, and online distribution is far and away the future of games and software in general. Right now a game for the 360 or PS3 can be as large as 20GB. PC game enthusiasts routinely cope with 10-12GB game upgrades, and woe be unto you if you have to reinstall your Steam library and have 20-30 (or more) games to restore.

Internet Overcharging schemes make providers, and the lobbyists who do their bidding, very wealthy.

For the “Massively Multiplayer Online” game universe, incremental software updates and upgrades often come through BitTorrent, which exposes users to peer-to-peer traffic well beyond the size of the update itself.  In fact, as games increasingly turn towards Cloud storage and distribution, the traffic adds up.

For online video companies, your very business model could be at risk.  Netflix? Hulu? People are no longer satisfied with grainy, compressed video.  They want HD content, and you’ve answered the call.  But as consumers increasingly face 8-10GB per movie (at 720p, 15GB+ for 1080p), the usage racked up is going to blow past all of these caps.

Who knows what happens in the next five years, or ten.  Considering Canada, where a similar duopoly of broadband providers have lowered usage allowances, do you really expect anything different down here?  The only thing likely to be raised is the monthly price, which remains higher here than in most places around the world.

Google has the right idea with their experimental 1Gbps fiber-to-the-home network. The problem is, that’s only going to serve one (or perhaps a few) communities in the U.S.  The rest of the country will have to survive with ‘Ultra’ cable broadband packages serving up 10-20Mbps service or DSL that barely manages 6Mbps.  If you don’t live in an urban area, tough luck.  You will be lucky to get 3Mbps service.

Broadband service upgrades come painfully slow in the absence of robust competition.  Time Warner Cable and other providers are slowly starting to roll out DOCSIS 3, which allows speeds up to 100Mbps, assuming the average consumer can afford the Cadillac price that comes with it.  Many phone companies continue to bet the farm on their DSL service, which can also be expensive when it’s the only broadband service in town.

Against this backdrop, the rest of the world marches on, and beyond, North America.

South Korea? They’re promising national speeds of 1Gbps by 2013 — for $27 a month!

How has this happened?  Where have we gone wrong?

For starters, the broadband providers have very powerful lobbyists — quite a few of which are ex-legislators. Together, they wage their public policy battles on both the state and federal level, often writing the bills a compliant legislator is willing to introduce as their own.

Washington regulators take a "see no evil, hear no evil" approach to regulating super-sized corporations who can cause them trouble.

The Federal Communications Commission has adopted a “see no evil, hear no evil” approach to broadband, capitulating when a chairman occasionally strays too far into the industry minefield laid to protect their business agenda.  As a result, the agency is a toothless dog.  It recently adopted a “Net Neutrality” policy all but written by Verizon, who ironically is now spending money to fight the rules they helped write.  As a backup, virtually every Republican and several Democrats have teamed up to pass a Resolution of Disapproval seeking to overturn the weak-kneed Net Neutrality rules the FCC adopted.  Lobbyists are well paid to cover every contingency.

Consumers — your customers — can’t do much about this beyond writing their members of Congress and complaining.  But because they did not enclose a check or money order made payable to the respective politician’s campaign fund, the result will be a form letter response weeks, if not months later… after the corporate agenda is enacted into law.

We just cannot fight this battle all by ourselves.  Recognizing the realities of today’s politics, we need your help to fight money and power with money and power.

The video game industry earns billions yearly. You have already faced battles in Washington, so you know how this works. You can fight for your interests while protecting ours by ensuring broadband service is cheap, plentiful, and unlimited. The same story applies to other content producers, such as online video, software, and any other company that wants to move to online distribution to power their business. You cannot succeed if customers are too afraid of using your service because of a bandwidth cap.

The remarkable thing is that countries many Americans cannot find on a map are now beating the United States with better and cheaper broadband while we hand over our digital economic future to a duopoly. That will not buy us better service, just bigger bills for “fast enough for you” Internet access.

So that’s it. Act now. Act strongly. If you cannot stand up for your customers, you may not have any.

Signed: A gamer. A movie watcher. A music listener. An enjoyer of entertainment. A lover of the Internet.

Broadband consumer and reader Jason Ballew penned this guest editorial, with some editing and additions from Stop the Cap! editor Phillip M. Dampier.

Bell Gets a Ticket for Excessive Use of the Internet

The Openmedia.ca folks have created several “parking tickets” designed to call attention to the issue of Internet Overcharging among ordinary Canadians.

Appearing under a windshield near you, these clever notices educate consumers about unjustified usage caps and so-called “metered billing” which only exists to drive up provider profits.

Even Bell trucks are not immune, as an enterprising protester found time to share the news with the company that seeks to eliminate flat rate Internet access in the country.

 

 

HP – “Smart Shoppers” Prefer Internet Overcharging Schemes: Metering Is Good for You!

HP's Snowjob: The company that brought you the $70 ink cartridge supports an end to flat rate Internet service to "save" you money.

HP’s Joe Weinman argues consumers are behind the drive to abandon flat rate, “all you can eat” broadband pricing.

Weinman, whose company sells products and services to some of America’s largest broadband providers, has taken up their position that flat-rate Internet service is bad for you, claiming many are paying too much for Internet service they use too little.

In an essay posted on GigaOM, Weinman brings back the all-y0u-can-eat buffet metaphor:

For the record, I like unlimited Internet access just as much as anyone else. However, such plans appear to be on their way out, and here’s why. As I’ve explored in ”The Market for Melons” (PDF), pay-per-use is not an evil plot by greedy robber barons, but a natural outcome of independent, rational consumer choice. Consider a town with an all-you-can-eat (flat rate) buffet and an a la carte (pay-per-use) restaurant. Smart shoppers on diets will save money by patronizing the a la carte restaurant, whereas heavy eaters will save money by visiting the buffet. As patrons switch, the average consumption of the buffet will increase, driving price increases for the luncheon special, causing even more users to switch to pay-per-use.

Bottom line: it is not the proprietors driving this dynamic, but the customers themselves acting out of pure, rational self-interest—light users, by deciding not to subsidize the heavy ones, foster the vitality of the pay-per-use model.

Unfortunately for Weinman, most American broadband customers don’t believe a word of this, and even he was forced to admit as much when he noted consumers “often prefer to overpay for flat-rate rather than save money but risk bill shock.”

Karl Bode at Broadband Reports wasn’t suckered for a moment either, noting:

[…]Cable industry lobbyists would like the public to believe that such a shift isn’t about making more money, it’s about helping the poor. Not only is the metered billing push absolutely about making money, it’s about artificially constricting the pipe to protect uncompetitive carriers and TV revenues from Internet video. But instead, there’s a very concerted effort afoot to portray this shift as necessary, inevitable, and even altruistic.

Most consumers prefer the simplicity of flat rate pricing, and understand that ISPs are perfectly profitable under the flat-rate pricing model. They also understand that this is a pipe dream forged by never-satisfied investors, and once implemented ends with ever soaring per gig fees and ever shrinking usage caps.

Weinman’s essay completely ignores the reality his preferred pricing model already delivers to those who live under it in Canada.  Canadian broadband rankings continue to decline as customers there pay higher prices for a lower level of service, with usage caps that actually decline when new competitive threats from online video emerge.

Just what the doctor ordered: HP's Rx for American Broadband

We had to take time out to respond directly to Weinman and his cheerleading friends (see the comments section), some who wrote comments below the piece and couldn’t be bothered to disclose they owe their day jobs to industry-backed dollar-a-holler groups that are committed to delivering on behalf of their provider benefactors:

When Big Telecom comes ringing with promises of savings from metered or capped broadband, hang up immediately.

These plans save almost nobody money and expose dramatic overlimit fees to consumers, creating the kind of bill shock wireless phone users endure.

The OPEC-like Internet price-fixing on offer from big players delivers broadband rationing and sky high prices, while retarding Internet innovations that providers don’t own or control.

Consumers are forced to double check their usage and think twice about everything they do online out of fear of being exposed to huge overlimit fees up to $10 a gigabyte for exceeding an arbitrary limit ranging from 5-250GB.

Americans already pay too much for Internet service and now the providers want more of your money. The rest of the world is moving AWAY from the pricing schemes Weinman would have us embrace. It’s such a serious issue in the South Pacific, the governments of Australia and New Zealand are working to address the problem themselves.

Providers are already earning BILLIONS in profits every quarter from their lucrative broadband businesses. Now the wallet biters are back for more, with the convenient side benefit that limiting consumption is a great way to prevent Internet-delivered TV from causing cord-cutting of cable TV packages.

As far as consumers are concerned, and Weinman admits as much, people are happy with today’s unlimited price models. When Big Telecom complains people are overpaying for broadband, wouldn’t their shareholders be telling them to shut up and take the money? There is more to this story.

Weinman defends the extortion proposition Big Telecom would visit on us: either give us limited use pricing or we’ll raise all of your prices.

But as consumers have already figured out, these providers never reduce prices for anyone. When was the last time your cable bill went down unless you dropped services?

Don’t be a sucker to Big Telecom’s “broadband shortage” or pricing myths. Broadband is not comparable to water, gas, or electric. The closest comparison (and the one they always leave out) is to telephone service, and as we’ve seen, that business is increasingly moving TOWARDS flat race, unlimited pricing.

Want to know what metered pricing does to the wallets of consumers? Just ask Time Warner Cable customers in Rochester, Greensboro, San Antonio, and Austin what they thought about the cable company’s “innovative” pricing experiment that tripled the price for the same level of broadband customers used to get for $50 a month. After the torches and pitchforks were raised over $150 a month broadband service, Time Warner backed down.

Either with or without metered pricing, the cable company raised its prices three times last year alone.

The industry’s meme that “usage-based pricing” in inevitable is only true if consumers allow it to happen.  The parade of Internet Overcharging advocates all share one thing in common — they earn a living from the providers that dream about these pricing schemes.  Always follow the money.  As we’ve exposed repeatedly, the vast majority of defenders of these kinds of pricing schemes are not consumers.  They are:

Beaumont-Area AT&T Customer Gets Himself Exempted from Internet Overcharging: Can You?

Phillip Dampier June 25, 2009 AT&T, Data Caps 4 Comments
Beaumont, Texas

Beaumont, Texas

Stop the Cap! reader Mark who went to war with Time Warner Cable in the Beaumont area when they tried to impose Internet Overcharges on his account (and got his money back), found himself back with AT&T after dropping Time Warner Cable.  Mark is among many who made it clear that imposing these kinds of billing schemes is not up for discussion — he will cancel service immediately.

Before Mark returned to AT&T, he called the company’s customer service sales center and asked about usage limits and other pricing tricks and traps, and they responded, “there are no cap limits.”  That’s because for most of AT&T’s coverage area, that’s true… for now.  The company has been testing Internet Overcharging with usage allowances and overlimit fees in two cities – Beaumont, Texas and Reno, Nevada.  Unfortunately, not every AT&T sales representative seems aware of this fact, even when you provide them with an address and telephone number within the test area.

“We received the modem and before I had opened the package a certified letter arrived from AT&T,” Mark says.

“It was a letter stating that AT&T had introduced usage limits, and I called them immediately to  cancel,” he said.

When you live in a city with two broadband providers, both engaged in Internet Overcharging, you discover you run out of options very quickly.  Or do you?

“I called AT&T and talked to an upper level retention agent named Jennifer, and told her if I could not get a flat rate Internet plan from AT&T, I wanted to also cancel my two phone lines and my business Yellow Pages ads,” Mark said.

Even when providers claim to “listen to their customers” on issues like this, the one word they always truly understand is: CANCEL.

“Jennifer immediately agreed to note my account that there would be no usage overlimit charges, which effectively gave me flat rate service,” Mark said.

The AT&T representative also sent him a $75 gift card and promised to investigate getting him faster DSL service on the Elite tier he tried before, and failed to receive.  To date, Mark hasn’t been billed one cent more than his standard monthly rate, despite AT&T’s ongoing “tests” in Beaumont.  As long as that remains true, and AT&T works on getting him more reasonable speeds, Time Warner Cable has lost a customer, potentially for good.

Mark feels he’s living on the front line of a battle between consumers and providers over what is rapidly becoming a utility as important as telephone service.

“I feel the Internet is going to pass Americans by if something is not done,” Mark adds.  “I personally will not pay the kind of fees the ISP’s want to charge.”

Mark is also curious why these “tests” are being imposed on residential customers, and not business customers who are charged prices providers claim are justified considering their “higher usage.”

“Starbucks and Books a Million all have Internet service from these companies and provide it to their customers,” Mark notes.  “Were they exempt?”

Time Warner Cable’s testing, now suspended, never involved commercial accounts.  AT&T doesn’t appear to have included their business accounts in any tests either.

If you are an AT&T customer in Beaumont or Reno, you may have a shot at exiting a test you never wanted to be a part of in the first place.  Simply insist on either being exempted from Internet Overcharging schemes, or take your business elsewhere (Time Warner Cable in Beaumont, for now, may be your best option.)  Retention specialists may be the only representatives empowered to exempt you, so you may have to indicate your intent to cancel service before reaching one.

If you are under a contract with an early termination fee, ask the competitor if they’d be willing to cover your exit fee.  Time Warner Cable is doing that in some markets.  If not in full, negotiate and see how far they’ll go.

Report any results of your efforts to us.  We’ll pass the word on to others.

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