Canadians will learn at 4PM whether their Internet future will be unlimited or rationed with usage-based-billing (UBB) plans that could potentially charge consumers for every website they visit.

The much-anticipated decision from the Canadian Radio-television and Telecommunications Commission (CRTC) comes months after last winter’s hearings on how Internet service is priced in Canada.  It pits the largest phone company in the country — Bell — against small independent providers that are fighting to stay in business offering customers unlimited usage plans.

Most independent Internet Service Providers in Canada ironically buy wholesale access directly from Bell.  These upstart competitors like Primus and TekSavvy deliver unlimited DSL service at attractive prices.  In fact, some Bell customers have found them attractive enough to switch providers.  Bell’s wholesale division indirectly competing with its own retail business has proved unsatisfactory to Bell management, who proposed repricing wholesale access to resemble what Bell charges its retail customers.  But more importantly, Bell would demand that their competitors impose usage-based billing themselves, which would make unlimited Internet service in Canada a thing of the past.  The CRTC initially agreed with Bell, which sparked outrage among independent providers and consumers who faced the prospect of paying inflated prices for Internet service with no unlimited usage options in sight.

The backlash brought a half-million Canadians together to demand an end to unfair Internet pricing through a petition from Openmedia.ca.  That in turn attracted the attention of Canadian politicians, including Prime Minister Stephen Harper and his government’s Industry Minister Tony Clement.  Clement told reporters on Feb. 3 if the CRTC didn’t reverse its approval, and fast, the government would probably overrule the commission.

A day later, outgoing CRTC chairman Konrad von Finckenstein said the commission would review its decision, the first in a series of backpedals in response to government pressure.

Even Bell, accustomed to having its way with the CRTC, has backtracked, now offering a compromise proposal that would charge independent ISPs 17.8c per gigabyte.  Many providers consider that excessive, too.

The CBC explains how Internet access is sold by independent providers in Canada.

Since the hearings, several marketplace changes have deflated some of Bell’s arguments that UBB was necessary to control over-eager users congesting their network.  Providers in western Canada — Shaw Cable and Telus, have dramatically boosted their respective usage caps, which call into question just how much of a congestion problem exists on Canada’s Internet networks.  The Canadian Network Operators Consortium, the voice of independent service providers, has offered its own proposal to charge wholesale customers based on peak network traffic.  MTS Allstream, itself a smaller player in Canadian telecom, proposed wholesale service be sold much like retail Internet in the United States — based on the speed/capacity of the service level selected.  If an ISP underpredicted usage, traffic would slow for everyone until the line was upgraded.

What ultimately gets approved by the CRTC may still be subject to government review, especially if the decision proves unpopular with consumers.  In a CBC online poll being conducted this afternoon, consumer sentiment is clear.  More than 91 percent of voters want the option of unlimited Internet access.

Whatever the CRTC decides will be reviewed by new Industry Minister Christian Paradis, who has managed to keep his head down and views to himself since he replaced Clement.  He may be hoping more than most that the CRTC will ultimately placate everyone, just so he doesn’t have to weigh in on the thorny issue.  But the CRTC’s track record representing consumers has been pretty dismal over the last few years, so we will not be surprised if the commission ultimately acquiesces to Bell’s substitute plan unaffectionately dubbed ‘GougeLite’ by Bell critics.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/CBC Internet pricing ruling expected from CRTC 11-14-11.flv[/flv]

The CBC reports on today’s expected ruling from the CRTC and what it means for Canadian Internet consumers.  (3 minutes)

This ad was ruled misleading by an Australian judge because it buries the extra costs in the fine print.

One of Australia’s largest Internet Service Providers used misleading advertising to offer “unlimited broadband” for $29.99AU that hid the extra costs that came with the deal.

TPG Internet is well-known across Australia, and the company pitched its unlimited offer across newspapers, television, radio, and even movie theaters.  Consumers were offered unlimited Internet access — still a rarity in Australia — for just over $31US a month.  But when those interested phoned up TPG, they found the great deal had some significant costs:

1. An installation fee of $129.95AU.
2. Consumers had to purchase a home phone rental agreement for an additional $30 a month.

Australian consumer law mandates that providers disclose any up front, required costs to take advantage of a promotion, and TPG blatantly disregarded the law, the justice found.

Justice Murphy said the dominant message of TPG’s ads was that consumers would only pay $29.99 a month, not a substantial setup fee and phone line rental that doubled the price.

The Federal Court justice added that the desire for unlimited Internet service was so great, consumers were likely to sign up for unlimited plans even if their monthly usage was low enough to save money with a usage-limited plan.

“There is a tendency in some consumers to purchase the biggest, the best, or the highest quality product or service, seemingly regardless of whether that service is appropriate to their needs,” Murphy ruled.

The judge plans to meet with the offending ISP to discuss an appropriate penalty for the breach in advertising standards regulations.

Windstream disappointed Wall Street Friday when it reported a 16 percent income drop for the third quarter of the year, surprising investors who expected more from the Little Rock, Ark. phone company.

Windstream is attempting a makeover as it attempts to shed its image as a residential landline service provider for brighter prospects delivering business telecommunications services.  But shareholders weren’t impressed as company officials noted the company has increased spending on capital projects like data centers and wiring cell phone towers with fiber optics and the $840 million acquisition of Fairport, N.Y.-based PAETEC Holding Corporation.

Most of Windstream’s successes are tied to the company’s business products and services.  The company reported growth selling advanced Internet products to corporate customers, including virtual LAN services and dedicated Internet access.  A considerable amount of the company’s Internet revenue growth is coming from data center services such as webhosting and wireless backhaul circuits sold to cell phone providers.

Windstream’s residential customers can be split into two groups: traditional landline users who are increasingly disconnecting their service and those who are buying DSL service to accompany their existing phone line.  Windstream reported another 4.6% of their residential customers permanently disconnected service this year.  Windstream’s largely rural customer base has remained more loyal and the company added an additional 8,000 DSL customers during the quarter, a growth of 4.4%.  Windstream’s penetration rate for broadband among their landline customers is 65%.

Keeping broadband customers loyal to DSL requires regular service improvements to avoid customer poaching by cable competitors, and Windstream is attempting to keep up with a $40 million investment to improve broadband speeds, including the introduction of advanced VDSL service in selected areas.

Whittington

“We increased broadband speeds to residential and business customers that can now offer 12Mbps service to over 40% of our footprint and 24Mbps service in our most competitive markets,” said Windstream chief operating officer Brent K. Whittington. “We expanded our Raleigh data center to increase the floor space by 10,000 square feet to keep up with the rapidly growing customer base and demand for cloud-based services.”

Whittington notes customers that hunger for faster broadband speeds are using them largely to watch online video, and Windstream has begun marketing campaigns targeting video-hungry customers.  Customers using the Internet for basic web browsing and e-mail are not very interested in paying more for faster service, however.

“Customers still don’t want to pay incrementally for higher speed services,” Whittington said. “We try to position Windstream as all the speed you need, which is really trying to help make sure customers understand our parity with cable as it pertains to speeds because some of the perceptions around traditional ADSL services, they’ve used against us, and that’s working for us. But again, customers really just, we find, don’t want to spend a lot more for incremental speeds. We see that as revenue upside in the future, but not seeing a great deal of demand there right now.”

While Windstream customers will likely find current product pricing stable over the coming year, the FCC’s recent approval of Universal Service Fund (USF) reform does allow the phone company to raise rates on customers.  Some Wall Street investment firms have suggested Windstream do precisely that to boost revenues.

Timothy Horan from Oppenheimer & Co., Inc. noted Windstream’s local rates seem low.

“I don’t think they’ve been raised for a long period of time,” Horan observed. “I think you have to go through some [state regulators], but can you do that without having rate cases, and is that part of the plan at all?”

Anthony W. Thomas, Windstream’s chief financial officer, tried to put Horan at east.

“The FCC has provided a mechanism, it is our understanding, in the order that will allow us to pass along price increases up to $0.50 per month to our customers over a 5-year period,” Thomas explained.

CenturyLink has unveiled its own discounted Internet access program for the income-challenged, loaded with tricks and traps buried in the fine print.

Dubbed CenturyLink Internet Basics, the 1.5Mbps DSL service is available to those who currently qualify for Lifeline Affordable Telephone Service, a federal program that provides discounts on basic monthly telephone service to eligible low-income consumers.  The service sells for $9.95 a month, before taxes and fees.

But buried in the fine print are a number of surprises that deliver higher prices and some nasty surprises (underlining ours):

• Listed High-speed Internet rate of $9.95/mo. applies for first 12 months of service (after which the rate reverts to $14.95/mo. for the next 48 months of service), and requires a 12-month term agreement or 24-month term agreement (if purchasing Netbook);
• Customer must either lease a modem/router from CenturyLink for an additional monthly charge or purchase a modem/router from CenturyLink for a one-time charge, and a one-time High-Speed Internet activation fee applies;
• A one-time professional installation charge (if selected by customer) and a one-time shipping and handling fee applies to customer’s modem/router;
• Taxes, Fees, and Surcharges – Applicable taxes, fees, and surcharges include a carrier Universal Service charge, carrier cost recovery surcharges, state and local fees that vary by area and certain in-state surcharges. Cost recovery fees are not taxes or government-required charges for use (which means they are little more than bill padding junk fees). Taxes, fees, and surcharges apply based on standard monthly, not promotional, rates;
• The first bill will include charges for the first full month of service billed in advance, prorated charges for service from the date of installation to bill date, and one-time charges and fees described above.
• Netbook purchase must be paid in full to CenturyLink prior to shipment. Shipping and handling fees, and applicable taxes will apply. If customer purchases Netbook as part of the CenturyLink Internet Basic service, all warranty and support for the Netbook and accompanying equipment will be covered by the manufacturer or other identified third party, not CenturyLink.
• No software applications or wireless service are included with the Netbook.
• An early termination fee will apply based on the applicable monthly recurring service fee multiplied by the number of months remaining in the minimum service period, up to $200.

Unlike Comcast, CenturyLink claims it will provide equivalent discounts for faster speeds — an important consideration for those with school-age children at home who may need multimedia capability for research and studies.

CenturyLink also offers a netbook computer for an additional $150, plus shipping and taxes, at the time of enrollment in the program.  The service also includes educational training, a 30-day money back guarantee, Norton Security Suite, and parental controls.

“While the Internet has become part of daily life for most Americans, many still aren’t connected because the cost is beyond their reach. CenturyLink is pleased to introduce this new program that offers affordable High-Speed Internet service and computers to those who need help getting online,” said CenturyLink CEO and President Glen F. Post, III.

That and the fact the company was required to offer discounted Internet service as a condition for the approval of their acquisition of Savvis, a web hosting company, according to Broadband Reports.

Like Comcast, participation in the program requires meeting a number of terms and pre-conditions:

1.5Mbps "broadband" is not the cure-all Comcast claims it to be.

When multi-billion dollar Comcast Corporation decided it was the right time to acquire multi-billion dollar NBC-Universal, one of the concessions Comcast made to win federal approval of the deal was to deliver budget-priced Internet service to those too poor to pay the company’s current asking price of $40-60 a month.

Comcast Internet Essentials was the result, and as Comcast rolls its publicity train from city to city, promoting the new package, politicians and cable executives have teamed up to take credit, suggesting the company’s limited-access $9.95 1.5Mbps service will somehow erase the high-tech job deficit, eliminate the digital divide, and will even somehow help America’s broadband speed gap with the rest of the world.

But it will do none of those things for the vast number of income-challenged families who won’t actually qualify for the three year program, either because they already scrape up enough for Comcast service, don’t have children, or manage to miss a payment due date.  In fact, 1.5Mbps budget-priced Internet is a service providers should have been willing to offer all along, to anyone who wants the service.  But it took a colossal-sized merger concession to get Comcast to sort of do the right thing.

I say “sort of” because the terms and conditions that accompany the service resemble the gotcha fine print the banking industry so loves:

The program is only available to households that (i) are located where Comcast offers Internet service; (ii) have at least one child who receives free school lunches through the National School Lunch Program (the “NSLP”) and as confirmed annually while enrolled in the program; (iii) do not have an overdue Comcast bill or unreturned equipment; and (iv) have not subscribed to any Comcast Internet service within the last ninety (90) days (sections 1(i)-(iv) collectively are defined as “Eligibility Criteria”). This program is not available to households that have children who receive reduced price lunches under the NSLP. The program will accept new customers for three (3) full school years, unless extended at the sole election of Comcast. Comcast reserves the right to establish enrollment periods at the beginning of each academic year in which it accepts new customers that may limit the period of time each year in which you have to enroll in the program.

2. In order to confirm your eligibility for the program, Comcast will need to verify that your children receive free school lunches through the NSLP in the initial enrollment year and each subsequent year you are enrolled in the program. In order to confirm eligibility, participants in the program will be required to provide copies of official documents establishing that a child in the household is currently receive free school lunches through the NSLP. Each year you will be required to reconfirm your household’s current eligibility by providing Comcast or its authorized agent with up-to-date documentation. If you fail to provide documentation proving your eligibility in the program, you will be deemed no longer eligible to participate in the program.

3. You will no longer be eligible to participate in the program if (i) you no longer have at least one child living in your household who receives free school lunches under the NSLP; (ii) you fail to maintain your Comcast account in good standing; (iii) Comcast ceases to provide the Covered Service to your location; or (iv) your account opened under the program is closed. A change in address may result in your account being closed, even if you continue to receive Comcast services at a different address. Program participation also may be terminated if the Covered Service is upgraded, altered or changed by you for any reason. If you are no longer eligible for the program, but continue to receive the Covered Service from Comcast, regular rates, and any other applicable terms and conditions will apply to the Covered Service.

No kids in your home?  No discount Internet access for you!  Refuse on principle to accept a government handout to pay for school lunches?  Sorry, you need to buy the full-priced Internet Comcast will happily sell you.  Missed a cable bill payment because you needed to buy medicine this month?  It will cost you your inexpensive access.  Comcast even reserves the right to cancel your discounted service if you choose (or are forced) to move.

Most would-be customers who assume they are eligible because they, like so many others, are income-challenged these days, are thrilled to read and watch news accounts about the discount Internet program for their kids.  But like Santa reneging on Christmas, the excitement turns to disappointment when they discover they are ineligible for one reason or another.

In Baltimore, WBAL-TV got nearly breathless with excitement telling their audience, “Things are looking up for Maryland families — way up. A new effort is under way to help connect 250 families to cyberspace at an affordable price.”

Baltimore is a city of 620,000 people.  Before the Great Recession, 15.4% of families and 19.3% of Baltimore’s residents fell below the poverty line, excellent candidates for inexpensive Internet access.  That’s more than 32,000 people, but Comcast is apparently making room for just 250.

Despite those figures, Comcast’s David Cohen thinks his company’s discount Internet will make all the difference.

“We believe we have a shot to be able to make a real impact on the digital divide with this program,” he told the Baltimore TV station.

He might be right… for 250 families anyway.  Everyone else… pay up or go without.

Terms and conditions apply

WBAL Investigative reporter Jayne Miller got slightly carried away on behalf of Comcast, equating their program with a solution for high-tech jobs and increased Internet speed:

Internet access and speeds have become national issues. The U.S. lags behind other countries in broadband availability, hurting what some believe to be the nation’s ability to compete, said Miller.

In comparison, “China recently graduated over 440,000 engineers, and we in the U.S. graduated 65,000,” said U.S. Rep. “Dutch” Ruppersberger.

I’m sorry to bring people back to reality, but 250 families getting the right to buy up to three years of Internet access at speeds that are half of what the FCC National Broadband Plan defines as actual broadband is not an answer to anything beyond Comcast’s poor public relations in the customer service department.  It’s not going to help America’s broadband speed rating (it will actually hurt it at 1.5Mbps).

WBAL is hardly the only station overdoing their celebrations of Comcast (a prolific advertiser by the way).  I’ve watched reports that suggest Comcast is doing this out of the goodness of their heart, not because they agreed to as a condition of their mega-merger with NBC.  Considering the lawyer-like limitations that are certain to keep many people out of the program and others from downgrading their existing service to something more affordable, charity is hardly a word I would extend to the nation’s largest cable operator who found cause to limit access to even the lowest broadband speeds to protect its bottom line, which it hopes will get much fatter with the acquisition of NBC-Universal.  When the three year program ends, let’s just see how charitable Comcast is about extending it.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/KASA Santa Fe Internet Accessibility with Internet Essentials 8-26-11.mp4[/flv]

KASA-TV in Santa Fe talks with their “very good friend at Comcast” about Internet Essentials and the company’s general Internet expansion plans in New Mexico.  The interview resembles an infomercial for Comcast products and services.  (5 minutes)