Phillip "No Data Tsunami Over Here" Dampier

As the Canadian Radio-television and Telecommunications Commission enters into the second week of hearings on Internet Overcharging, there have really only been a few minor surprises.

First, and most importantly, when voting consumers pay attention, regulators start asking questions and get aggressive.  This is the same commission that only a year ago gave the green light to wholesale usage-based billing (UBB) — a practice that would guarantee every ISP in Canada dropped flat rate Internet service.  After a half-million Canadians signed Openmedia.ca’s petition opposing UBB, the Harper government (and the opposition parties) got interested, and the Commission got an earful from Industry Minister Tony Clement, who was simply appalled at this kind of Internet pricing.

Second, this round of CRTC hearings has found Bell — UBB’s biggest proponent — largely unrepentant.  It still supports charging people for their usage, even as the company’s foundation for that premise — bandwidth congestion — erodes away.  Providers can claim anything they like, but they cannot invent facts.  By Friday, most of the commissioners realized what consumer advocates had been saying all along — there is no great bandwidth crisis in Canada.  No data tsunami. No exaflood in the zettabyte era.  Growth is exponential to be sure, and Canadians have a passionate affair with their Internet connectivity, but one that remains easily managed when providers make regular, affordable investments in upgrading their networks.

Bell’s week-long contention that congestion pricing was paramount to managing Canada’s bandwidth finally fell apart when CRTC Chair Konrad von Finckenstein noted Bell’s trinity of regional entities managed Internet usage completely differently, even though the traffic passed through the exact same network:

• 1) Bell Aliant, which provides service in the Atlantic provinces, has no usage caps at all.
• 2) Bell Quebec provides service with a considerably more generous usage allowance than given to those customers in Ontario, even those just on the other side of the border.
• 3) Bell Ontario’s usage cap is downright stingy compared with Quebec, most likely because it competes in Ontario with an equally stingy provider — Rogers Cable.

With these facts in evidence, Bell was finally forced to concede it was “competition” not “congestion” that brought three different treatments of Internet usage.  So much for “network congestion.”

Bell’s competitors also hung the telecom giant out to dry when it was their turn to testify.  Each in turn would claim that congestion presented no problems for their respective networks.  Telus, Rogers and Shaw all denied they shared Bell’s usage problems.  That is not to say any of them were in favor of restoring flat-rate Internet access.

Instead, they argued, UBB represented a combination of “stimulating investment” in broadband networks (already insanely profitable for all-comers) and “peak usage pricing,” a hybridized argument about congestion during peak usage periods.  Since some wholesale broadband services are priced at peak capacity requirements, some argue UBB helps keep that peak usage manageable during prime time.

Unfortunately, the peak usage pricing argument undermines itself because Canadian providers enforce usage limits 24/7, not only during peak usage periods.  This means there is no incentive for users to offload their heaviest usage to times when the network experiences low demand.  Independent providers continue to argue “peak usage pricing” may be defensible in certain circumstances, but it’s not even a possibility under Bell’s proposed wholesale UBB scheme.

The record being constructed from Canada’s hearings have direct implications for Americans, as the basic business models for cable and phone providers are similar in both countries.  The death rattle of the “congestion” myth is good news for North American broadband users who have long rolled their eyes at hysterical arguments about data floods and capacity crises.

The CRTC still needs to hear from some additional speakers, and we are under no illusion they will completely reverse themselves on Internet Overcharging schemes, but this represents a clear-cut case that consumers need not simply sit back and take abusive pricing.  Consumer activism can make a real difference in the broadband policies of both the United States and Canada.  It takes a concerted effort, but once a critical mass of consumers is achieved, the ability for providers to simply do as they please becomes a virtual impossibility.

That’s good news for all of us.

[flv width=”640″ height=”368″]http://www.phillipdampier.com/video/CBC UBB 7-11-11.flv[/flv]

CBC News covers the start of the CRTC hearings and what UBB pricing is doing to Canada’s Internet experience.  (2 minutes)

The Canadian Radio-television Telecommunications Commission is investigating Canadian ISP practices all week in a series of public hearings.

The Canadian Radio-television and Telecommunications Commission (CRTC) opened the first day of hearings on the practice of usage-based billing for Internet usage, advocated by the country’s largest wholesale provider of Internet bandwidth, Bell Canada.

These hearings are a follow-up to earlier ones that ultimately allowed Bell to mandate usage billing not only for its own customers, but for all independent ISPs that purchase bandwidth from the company.  Since the vast majority of independent providers purchase bandwidth from Bell, the CRTC ruling would have mandated the end of “unlimited use” Internet plans across the country.

Nearly a half-million Canadians disagreed with the CRTC ruling and created a political firestorm earlier this year, demanding that the government step in and overturn the CRTC ruling.  Bell temporarily withdrew the usage based billing mandate pending the outcome of hearings expected to run from today until early next week.

Appearing at today’s hearing, executives from Bell continued to defend usage-based pricing and plan pricing that forces consumers to guess at how much Internet usage they will need each month.

In more aggressive questioning than earlier hearings, CRTC chairman Konrad von Finckenstein questioned Internet pricing plans that do not “rollover” or rebate consumers for unused usage, but still penalizes customers for going over their plan limits.

von Finckenstein also questioned Bell’s pricing for independent ISPs, particularly penalty rates ISPs who underestimate their wholesale usage needs would face under Bell’s advocated pricing model.  The chairman seemed suspicious of the fact Bell does not charge its own ISP unit penalty rates, only independent providers.

The hearing will also explore why companies like Bell can deliver “unlimited viewing” on their Fibe TV IPTV service, but cannot deliver unlimited Internet access to end users.

Interested in following the hearings live? Visit the CRTC live stream hearing page.

[Updated 10:20am ET: Bell Canada executives just admitted in this morning’s hearings its Internet Overcharging scheme involving usage pricing many times higher than the actual cost of provisioning the service was driven by “competition” and not by “congestion” issues.  In other words, Canadian consumers are paying very high Internet pricing and overlimit fees because of the pervasive lack of competition, not because companies need the extra money to “upgrade their networks.”]

Stop the Cap! reader Cal believes AT&T cannot be reasoned with about Internet Overcharging until you threaten to cancel.

While a significant number of customers have already pulled the plug on AT&T DSL and U-verse service over their recently-introduced Internet Overcharging schemes, some are telling Stop the Cap! they have no plans to actually disconnect service until AT&T threatens to charge them overlimit fees.

For some AT&T customers, there is no suitable alternative to the phone company.  Rural customers without a cable provider, or those who are faced with two bad choices — AT&T or Charter Communications — say they are going to test AT&T’s resolve to actually overbill them.

Cal is an AT&T customer is Missouri.  His alternative?  Charter Cable, which has an Internet Overcharging scheme of its own and delivers what he calls “third world service” in his community.  Given a choice, he intends to stay with AT&T as long as possible, pulling the plug only after his third warning of exceeding the phone company’s new broadband usage limits.  He thinks AT&T’s customer service won’t ultimately let it come to that.

“My sister works for an AT&T call center where she lives, and there was some training on the subject of handling the company’s usage caps,” Cal reports. “Get the right representative or supervisor and they can make virtually anything go away with a few keystrokes, especially if you are prepared to cancel your service over the issue.  While they may not cancel the caps, they very well may credit back any overcharges.”

Cal says his family does not intend to change their usage habits one bit.  He’ll change providers before he rations his Internet usage.

“I maintain control over our Internet access here, they don’t and sure as hell won’t,” he said.  “We do not do illegal downloads and we don’t allow torrenting or anything else that can get my kids into trouble, but we do use a Roku box and watch Netflix instead of buying pay movie channels with programming not suitable for my family to watch.”

Cal says his five children are home-schooled, which makes daily Internet access an essential part of the education process.  Many companies that provide home-schooling materials increasingly require a broadband connection.  While not as bandwidth hungry as Netflix video streaming, with five children in the home, usage adds up fast.

“It is not hard to do 260GB of usage a month, which puts us just over their U-verse limit, and I’ll be damned if I am going to pay AT&T another $10 for 10GB over,” Cal says.  “This is another reason why the Obama Administration is no better than the last one — they are all masters of big corporations who will rob us blind and use the money to pay off Congress to look the other way.”

Cal used to be a Charter Cable customer, but left when that company implemented its own Internet Overcharging scheme.

“I told Charter with their lousy service they were lucky I was a customer, but after putting usage limits on, I left,” he reports.

Cal’s neighbor thinks he has an even better way to battle AT&T.

“My neighbor will cancel service under his name and sign up under his wife’s and bounce between them whenever AT&T threatens to send him a bigger bill; he has already been doing that for years back and forth between AT&T and Charter on new customer deals,” Cal says.

Cal, and many other readers touching base with us, believe AT&T is not very responsive to customer complaints unless customers threaten to cancel service, and they believe AT&T will only change its mind when shareholders see the usage limits as counterproductive.

“AT&T can buy enough people in Washington to make street protests irrelevant, but their shareholders sure won’t like it when they see customers and revenue dropping,” Cal notes.  “If you can’t get cable, you are stuck with AT&T, so you have to keep the pressure on — file complaints with the Better Business Bureau, the FCC, and Congress.  Make them spend more money defending their policy than they earn from its proceeds.”

AT&T Internet Rationing Board - Do More With Less!

Today should be your last day for doing business with AT&T’s DSL and U-verse services.  If you feel strongly about your broadband usage being counted and limited, it’s time to bail out of AT&T’s Internet Overcharging scheme, which took effect earlier today.

From this day forward, AT&T DSL customers are limited to 150GB of usage and U-verse customers top out at 250GB before the overlimit fee kicks in — $10 for every 50GB customers exceed the cap, billed in $10 increments. It’s classic AT&T Math, where $1.01 of usage is rounded up to $10.00.

AT&T certainly got off on the wrong foot on day one.  We’ve received more than a dozen messages today from customers who find AT&T’s usage meter offline, showing this message:

“We’re sorry, but we’re unable to display your Internet usage at this time.”

Do you think AT&T would accept that excuse if you enclosed a note telling AT&T you are unable to pay your Internet bill at this time?

On an ongoing basis, we intend to hold AT&T’s feet to the fire until they rescind this unwarranted overcharging scheme.  While company officials claim it is intended to protect their customers from a handful of “heavy users,” they also argue they have plenty of capacity for everyone.  The company cannot have it both ways.

Therefore, this week’s message to be shared with your friends and family is:

AT&T’s Broadband Network Is Not Good Enough to Handle Your Broadband Needs: Shop Elsewhere

AT&T’s wired broadband network, just like their bottom-rated wireless service, cannot handle their customers’ broadband needs.  The company proved that today by having to introduce a broadband rationing scheme, limiting customer usage.  Despite being America’s largest telephone company ISP, AT&T apparently cannot handle the traffic, telling DSL customers to lay off after 150GB and their “advanced” U-verse network customers to get offline after 250GB of use.  Evidently the company isn’t willing to invest some of their enormous profits to provide an ongoing level of broadband service their customers deserve to get, especially when compared with their closest cousin: Verizon.

“While Verizon is installing fiber optics to many of their customers’ homes and providing unlimited, blazing fast Internet service, AT&T admits through their own actions their network isn’t good enough to provide that same level of service to their customers — so now they are limiting the use of it,” says Phillip Dampier, editor at consumer group Stop the Cap! “If I was an AT&T customer, I’d shop around for an alternative provider that has a network robust enough to actually deliver the service customers pay good money to receive.”

AT&T’s U-verse service was touted to customers as delivering a next generation of broadband and television service that could provide healthy competition to cable television.

“AT&T wants U-verse to compete with the big cable companies, but usage caps tell us they can’t manage to do that,” Dampier says. “If their network is so great, why do they need to slap limits on customers?”

AT&T’s representatives claim the limits are intended to reduce congestion from a handful of heavy users, a claim that does not make sense to Stop the Cap!

“AT&T’s existing terms and conditions allow them to deal with any customers who create problems for other users on their network,” Dampier said. “Instead of expanding capacity or dealing with the so-called ‘handful’ of troublesome users, they have slapped an Internet Overcharging scheme on all of their customers.”

Stop the Cap! points out the irony AT&T has plenty of capacity for hundreds of television channels, but doesn’t have enough capacity to provide a worry-free High Speed Internet experience.

“AT&T’s U-verse has no problems finding space for more shopping channels, foreign language networks, and niche channels, but can’t find their way clear to leave customers’ unlimited Internet accounts alone,” Dampier adds.  “Their priorities are all wrong — giving you channels you didn’t ask for while taking away the service you do want.”

While many AT&T residential customers continue their exodus from the company’s forthcoming Internet Overcharging scheme, there are many rural Americans who have just one choice for broadband service — AT&T DSL.  For them, escaping usage caps is not as easy as calling the local cable company and arranging for new service.

While consumers continue to register their displeasure with AT&T over capping Internet usage at 150GB for DSL or 250GB for U-verse, there appears to be a way to get away from the usage limits while still maintaining your AT&T DSL service — switch to a usage-cap-free business account.

AT&T sells business broadband service to at-home, small, and medium-sized businesses at a substantial discount for the first year — $30 a month for up to 6Mbps.  A one year term commitment is required, but that likely won’t present any problems for customers who don’t have any other option for service.  With an AT&T modem/router already in place, making the change should just require a phone call to AT&T.

The company may offer different pricing and service plans depending on the region where you obtain service.  Former BellSouth customers may get different promotions than former Ameritech customers do.  We also found a few customers who still were able to access AT&T’s “usage measurement tool” on their business accounts, but business customers have not been notified usage caps apply to them, and we suspect that will continue to be the case.  AT&T promotes business class service at $25-30 a month in one offer we found, and service was even available to those who don’t want a business phone line.

After the first year, rates increase substantially, but we’re hopeful AT&T will learn the error of their ways and rescind their unjustified usage limits before the year is up.

Thanks to Wayne in Madison, Wisconsin for capturing these screen shots from AT&T's website.

If you are going to switch to AT&T’s business class service, share your experiences in our comment section to help other readers.