Cox is behind the times.

While the rest of the world is moving towards gigabit broadband and unlimited access, Cox Cable continues to live in the past with a regime of data caps the company blames on increased data usage. Your only solution is to upgrade to a bigger data plan you may not want or really need.

Somehow, the folks at Cox can’t seem to manage the natural growth of the Internet while start-ups ranging from Google Fiber to a local fiber provider just getting started in our own community goes out of their way to point out how unnecessary usage limits and usage billing really are.

At Stop the Cap!, we’ll let you in on a little secret the “tech wonder twins” at Cox forgot to mention: data caps are not about managing Internet traffic, they are about managing to control costs, protect cable-TV revenue, and eventually empty customers’ wallets.

Since data caps don’t make much sense in the 21st century reality-based community, Cox attempted a longer-form rationale for data caps in a video that resembles a bad VHS copy of an interrogation by your local homicide squad. Don’t worry, only the truth gets murdered by the ironically named “Tech Talk with Todd and Sarah.” Six minutes later, you still know they’re full of it.

Tip: Next time, bring “the tech.”

[flv]http://www.phillipdampier.com/video/Cox Tech Talk with Todd and Sarah Internet Usage Trends.mp4[/flv]

What Cox still fails to understand (and what Google will have to teach them when they invade Cox’s biggest territories, including Phoenix) is that data caps and usage billing are as anachronistic as those 1978 limited edition Diana Prince/Wonder Woman glasses Sarah is still wearing. (6:17)

For the benefit of new visitors, text items in bold are clickable links. A complete video from this event will be posted as soon as possible.

Good evening. My name is Phillip Dampier from Stop the Cap!, a Rochester-based all-volunteer consumer group fighting for better broadband service and against Internet usage caps.

This is a critical moment for New York. The Internet has become a necessity for most of us and the future is largely in the hands of one company capable of delivering 21st century broadband to the majority of upstate New York. That company isn’t Verizon, which has ended FiOS fiber expansion while abandoning most of its upstate customers with slow speed DSL. Indeed, as their market share will attest, our broadband future is held in the hands of Time Warner Cable.

Comcast could have become a big player in New York had it chosen to compete head to head with Time Warner. But large cable operators avoid that kind of competition, preferring comfortable fiefdoms that only change hands at the whim of the companies involved. As local officials from across New York have already discovered, no major cable operator will compete for an expiring franchise currently held by another major cable operator.

Ironically, Comcast is using that fact in its favor, noting that since neither company competes directly with the other, making Comcast larger has no impact on competition. But that should hardly be the only test.

At issue is whether this merger is in the public interest. This year, for the first time in a long time, the rules have changed in New York. In the past, the Commission had to prove the merger was not in the best interests of New Yorkers. Now the onus is on Comcast to prove it is. It has fallen far short of meeting that burden.

Let’s start with Comcast’s dysfunctional relationship with its customers. With more than 75 citizen comments filed with the Commission so far. Comcast’s reputation clearly precedes it. The consensus view is perhaps best represented by one exasperated Clinton-area resident who wrote, I quote, “No. No no no. HELL no.”

That kind of reaction is unsurprising considering Consumer Reports ranked Comcast 15th out of 17 large cable companies and called their Internet service and customer relations mediocre. Every year since 2007, Comcast’s CEO acknowledges the problems with customer service and promises to do better. Seven years later, the American Customer Satisfaction Index reports absolutely no measurable improvement. In fact, ACSI has concluded Comcast had the worst customer satisfaction rating of any company or government agency in the country, including the IRS.

In order to sell this $45 billion boondoggle to a skeptical public, Comcast has hired 76 lobbyists from 24 different firms and will reportedly spend millions trying to convince regulators and our elected leaders this deal is good for New York. If the deal gets done, Comcast’s biggest spending spree won’t be on behalf of its customers. Instead, Comcast has announced a $17 billion share buyback to benefit their shareholders. Imagine if this money was instead spent on improving customer service and selling a better product at a lower price.

The only suitable response to this merger deal is its outright rejection. Some may recommend imposing a handful of temporary conditions in return for approval – like the kind Sen. Al Franken accused Comcast of reneging on after its earlier merger with NBCUniversal. But this is one of those cases where you just can’t fit a round peg into a square deal for consumers, no matter how hard you try.

With respect to television, volume discounts have a huge impact on cable programming costs and competition. The biggest players get the best discounts, smaller ones are stunned by programming rate hikes and new competitors think twice about getting into the business.

AT&T said last week its 5.7 million customer U-verse television service was too small to get the kind of discounts its cable and satellite competitors receive. AT&T’s solution is to buy DirecTV, which might be good for AT&T but is bad for competition.

Frontier Communications has also felt the volume discount sting after adopting several Verizon FiOS franchises. When it lost Verizon’s volume discounts, Frontier began a relentless marketing effort to convince its customers to abandon FiOS TV and switch to technically inferior satellite TV.

Combining Comcast and Time Warner Cable will indeed help Comcast secure better deals from major programmers (including Comcast itself). But Comcast is already on record warning those savings won’t be shared with customers.

Comcast’s executive vice president David Cohen summed it up best: “We are certainly not promising that customer bills will go down or increase less rapidly.”

Is that in the public interest?

Comcast suggests this merger will make its cable television market share no larger than it had in 2002 when it bought the assets of AT&T Cable. But this is 2014 and cable television is increasingly no longer the industry’s biggest breadwinner. Broadband is, and post-merger Comcast will control 40-50 percent of the Internet access market nationwide.

So what do Time Warner Cable customers get if Comcast takes over? A higher bill and worse service.

Several months before Comcast sought this merger, Time Warner announced a series of major upgrades under an initiative called TWC Maxx. Over the next two years, Time Warner Cable plans to more than triple the Internet speeds customers get now at no additional charge. Those upgrades are already available in parts of New York City, Los Angeles, and Austin.

A Time Warner Cable customer in Queens used to pay $57.99 for 15 megabit broadband. As of last month, for the same price, they get 50 megabits.

In contrast, Comcast’s Internet Plus plan delivers just 25 megabits and costs $69.95 a month – nearly $12 more for half the speed. Who has the better broadband at a better price? Time Warner Cable.

New York State’s digital economy depends on Internet innovation, which means some customers need faster speeds than others. Time Warner Cable’s Maxx initiative already delivers far superior speeds than what Comcast offers, despite claims from Comcast this merger would deliver New York a broadband upgrade.

Time Warner’s new top of the line Internet service, Ultimate 300 (formerly Ultimate 50), delivers 300 megabit service for $74.99 a month. Comcast’s top cable broadband offer listed on their website is Extreme 105, offering 105 megabit speeds at prices ranging from $99.95 to $114.95.

Is the public interest better served with 300 megabits for $74.99 from Time Warner Cable or paying almost $40 more for one-third of that speed from Comcast? Again, Time Warner Cable has the better deal for customers.

But the charges keep coming.

At least 90 percent of cable customers lease their cable modem from the cable company, and Comcast charges one of the highest lease rates in the industry – $8 a month. Time Warner Cable charges just under $6.

So I ask again, is this merger really in the public interest when broadband customers will be expected to pay more for less service?

Then there is the issue of usage caps, a creative way to put a toll on innovation. Usage caps make high bandwidth applications of the future untenable while also protecting cable television revenue.

If the PSC approves this transaction, the vast majority of New York will live under Comcast’s returning usage cap regime. There is simply no justification for usage limits on residential broadband service, particularly from a company as profitable as Comcast. Verizon FiOS does not have caps. Neither does Cablevision. But the majority of upstate New Yorkers won’t have the option of choosing either.

In 2009, Time Warner Cable lived through a two week public relations nightmare when they attempted an experiment with compulsory usage caps on customers in Rochester. After Stop the Cap! pushed back, then CEO Glenn Britt shelved the idea. Britt would later emphasize he now believed Time Warner should always have an unlimited use tier available for customers who want it.

Whether intended or not, Time Warner actually proved that was the right idea. In early 2012, the company introduced optional usage caps in return for discounts. They quickly discovered customers have no interest in having their Internet usage measured and limited, even for a discount. Out of 11 million Time Warner Cable broadband customers, only a few thousand have been convinced to enroll.

Comcast doesn’t give customers a choice. In 2008, a strict 250GB usage cap was imposed on all residential customers with disconnect threats for violators. Since announcing it would re-evaluate that cap in May 2012, it now appears Comcast has settled on a new residential 300GB usage allowance gradually being reintroduced in Comcast service areas starting in southern U.S. markets.

Comcast executive vice president David Cohen cutely calls them “usage thresholds.” At Stop the Cap! we call it Internet Overcharging.

Cohen predicts Comcast will have broadband usage thresholds imposed on every city they serve within five years. Whether you call it a cap or a threshold, it is in fact a limit on how much Internet service you can consume without risking overlimit fees of $10 for each 50GB increment over your allowance.

Unlike Time Warner Cable, Comcast isn’t offering a discount with its usage cap, so those who use less will still pay the same they always have, proving again that usage caps don’t save customers money. (See below for clarification)

At the end of May I watched CNBC interview Comcast CEO Brian Roberts who implied during a discussion about Comcast’s usage caps that usage growth was impinging on the viability of its broadband business. Moments later, Time Warner Cable ran an ad emphasizing its broadband service has no usage caps. Both companies are making plenty of money from broadband.

This merger is bad news for customers faced with Comcast’s legendary bad service, its forthcoming usage caps, or the higher prices it charges. Even promised innovations like their much touted X1 set top platform comes with a gotcha Comcast routinely forgets to mention. Customers have to pay a $99 installation fee.

Stop the Cap! will submit a more comprehensive filing with the PSC outlining all of our objections to this merger, and there are several more. We invite anyone in the audience to visit stopthecap.com for this and other matters related to cable television and broadband. We appreciate being invited to share our views with the Commission and hope to bring a consumer perspective to this important development in our shared telecommunications future. I’d be happy to answer any questions you might have.

[flv]http://www.phillipdampier.com/video/TWC News Hearing on Comcast 6-16-14.mp4[/flv]

Time Warner Cable News covered the Public Service Commission hearing in Buffalo, which included testimony from Stop the Cap!’s Phillip Dampier. Also appearing was a representative from the National Black Chamber of Commerce advocating that telecom companies merge as fast as possible. The Chamber has received significant support from Comcast for several years now and representatives routinely testify in favor of Comcast’s business initiatives. (2:30)

Clarification: Comcast has different trials in different cities:

Nashville, Tennessee: 300 GB per month with $10/50GB overlimit fee;

Tucson, Arizona: Economy Plus through Performance XFINITY Internet tiers: 300 GB. Blast! Internet tier: 350 GB; Extreme 50 customers: 450 GB; Extreme 105: 600 GB. $10/50GB overlimit fee;

Huntsville and Mobile, Alabama; Atlanta, Augusta and Savannah, Georgia; Central Kentucky; Maine; Jackson, Mississippi; Knoxville and Memphis, Tennessee and Charleston, South Carolina: 300 GB per month with $10/50GB; XFINITY Internet Economy Plus customers can choose to enroll in the Flexible-Data Option to receive a $5.00 credit on their monthly bill and reduce their data usage plan from 300 GB to 5 GB. If customers choose this option and use more than 5 GB of data in any given month, they will not receive the $5.00 credit and will be charged an additional $1.00 for each gigabyte of data used over the 5 GB included in the Flexible-Data Option;

Fresno, California, Economy Plus customers also have the option of enrolling in the Flexible-Data Option.

Comcast suggested customers can enroll in a cheaper usage plan in some of these markets. Yes they can, but only if they downgrade to Economy Plus service which offers speeds only up to 3Mbps. Their $5 discount is not available on any other plan.

CenturyLink does not believe it will face much of a competitive threat from AT&T and Verizon’s plans to decommission rural landline service in favor of fixed wireless broadband because the two companies’ offers are too expensive, overly usage-capped and too slow.

Both AT&T and Verizon have proposed mothballing traditional landline service in rural areas because both companies claim wireline financial returns are too low and ongoing maintenance costs are too high. In its place, both companies are developing rural fixed wireless solutions for voice and broadband service that will rely on 4G LTE networks.

CenturyLink does not traditionally compete against either AT&T or Verizon because their landline service areas do not overlap. But as both AT&T and Verizon Wireless continue to emphasize their nationwide wireless networks, independent phone companies are likely to face increased competition from wireless phone and broadband services.

CenturyLink isn’t worried.

“About two-thirds of our customers can get access to 10Mbps or higher [from us and] that continues to increase year by year,” CenturyLink chief financial officer Stewart Ewing told attendees at Bank of America Merrill Lynch’s 2014 Global Telecom & Media Conference. “Our belief is that with the increasing demands customers have for bandwidth — the Netflix bandwidth requirement — just the increasing amount of video that customers are watching and downloading over their Internet pipes, we believe will drive customers to using a provider that basically has a wire in their home because we believe you will get generally higher bandwidth and a much better experience at lower cost.”

Ewing

CenturyLink customers consume an average of slightly less than 50GB of Internet usage per month, and that number is growing. Ewing said that CenturyLink has long believed that as bandwidth demand increases, wireless becomes less and less capable of providing a good customer experience.

“At this point, we don’t really have any concerns because people on the margin — the folks that don’t use much bandwidth — probably use a wireless connection today to download,” Ewing said. “But as the bandwidth demands grow, the wireless connection becomes more and more expensive and that could tend to drive people our way. So as long as we have 10Mbps or better to the customers, we don’t really think there is that much exposure.”

CenturyLink does not measure the difference in Internet usage between urban and rural residential customers, but the company suspects rural customers might naturally use more because alternative outlets are fewer in number outside of urban America.

“Folks in rural areas might actually can use Internet more for buying things that they can’t source [easily], but it’s hard to really count,” said Ewing. “I think our customers in the rural areas probably are not that much different from folks in urban areas.”

Prism is CenturyLink’s fiber to the neighborhood service, similar to AT&T U-verse. It is getting only a modest expansion in 2014.

CenturyLink’s largest competitor remains Comcast, which co-exists in about 40% of CenturyLink’s markets. The merger with Time Warner Cable won’t have much impact on CenturyLink, increasing Comcast’s footprint in CenturyLink territory by only about only 6-7%. CenturyLink believes most of any new competition will come in the small business market segment. Comcast’s residential pricing is unlikely to attract current CenturyLink customers in Time Warner Cable territory to consider a switch to Comcast if the merger is approved.

Ewing also shared his thinking about several other CenturyLink initiatives that customers might see sometime this year:

• Don’t expect CenturyLink to expand Wi-Fi hotspot networks. The company found they are difficult to monetize and is unlikely to expand them further;
• Any change in the FCC’s definition of minimum broadband speed to qualify for federal broadband expansion funds would slow rural broadband expansion. Ewing admitted a 10Mbps speed minimum is considerably more difficult to achieve over DSL than a 4 or 6Mbps minimum;
• Don’t expect any more merger/acquisition activity from CenturyLink in the Competitive Local Exchange Carrier business. CenturyLink shows no sign of pursuing Frontier, Windstream, FairPoint, or other independent phone companies. It is focused on expanding business services, where 60% of CenturyLink’s revenue now comes;
• CenturyLink fiber expansion will primarily be focused on reaching business offices and commercial customers in 2014;
• CenturyLink will only modestly expand PrismTV, its fiber-to-the-neighborhood service, to an additional 300,000 homes this year. The company now offers the service to two million of its customers, with 200,000 signed up nationwide. Last year, CenturyLink expanded PrismTV availability to 800,000 homes.

Comcast is using an offline console game that misrepresents the speed and performance of its Internet service in its latest advertising.

Eagle-eyed game fans were annoyed to find Comcast promoting its speedy Internet service with a mall demo of Ubisoft’s Trials Fusion, a game that has no online multiplayer mode.

“If you’re a real gamer then you need the speed of XFINITY Internet,” advises a Comcast spokesman in the 30-second ad.

“Do you find that when you’re playing games online with your current service that it’s slow, a Comcast representative asks gamers.

“Yes,” says one, they do! “I get some lag,” says another.

“Do you want to try XFINITY Internet,” asks the employee.

“Sure.”

“Do you notice any buffering,” asks the employee.

“No sir.” “There is certainly no lag at all.”

The smooth game play and responsiveness looks impressive, until one realizes the game was never connected to XFINITY Internet. Without an online mode, there is no Internet connection with slow speeds and lag to worry about while playing. Games like บาคาร่าจ่ายจริง, which don’t require high-speed connections for complex graphics or fast reaction times, would run just as smoothly. The game would work just as well in the middle of a Kansas wheat field, 50 miles from the nearest DSL connection.

But Comcast’s Internet service does eventually come into play when game enthusiasts want to download software updates, which can be enormous for many titles.

XFINITY Internet does not come with infinite usage. The company is now testing a return of usage allowances tied to overlimit fees in several cities and a senior vice-president predicted Comcast will be limiting how much Internet usage customers get without paying more within five years. So while you may not notice any buffering issues when using your offline content with XFINITY Internet, the more you do go online, the closer you get to Comcast’s arbitrary usage allowance.

[flv]http://www.phillipdampier.com/video/Xfinity Internet – Gamers Tent May 2014.flv[/flv]

False Advertising: Comcast uses offline game play to prove the speed and responsiveness of their Internet service. Your Keurig coffeemaker is also 50% faster when inside a home powered by XFINITY Internet. So are your cats. (0:30)

Comcast says you must have the option to pay more for the same broadband service you already get, only now with an allowance

Comcast has announced it is considering testing an innovative new plan in several test markets offering “unlimited Internet access” to customers for a yet-to-be-determined price. Whoever heard of such a thing?

Comcast’s executive vice president David Cohen raised eyebrows last week when he predicted all Comcast customers nationwide would see usage-based billing for their Internet access within five years.

Such statements tend to muck up things like a $45 billion dollar merger with Time Warner Cable that both companies must prove is in the public interest. The buyer wants to limit your Internet usage and the seller got its fingers burned back in 2009 when it tried its own usage cap experiment and now advertises it has no data caps.

Telling Time Warner Cable customers it is in their best interest to lose unmetered Internet plans may be too tough to sell, so Cohen has spent much of this week backtracking and claiming he was “misunderstood:”

To be clear, we have no plans to announce a new data usage policy.  In 2012, we suspended our 250 GB data cap in order to conduct a few pilot programs that were more customer friendly than a static cap.  Since then, we’ve had no data caps for any of our customers anywhere in the country.  We have been trialing a few flexible data consumption plans, including a plan that enables customers who wanted to use more data be given the option to pay more to do so, and a plan for those who use less data the option to save some money.  We decided to implement these trials to learn what our customers’ reaction is to what we think are reasonable data consumption plans.  We certainly have no interest in adopting any plans that our customers find unreasonable or disruptive to their Internet experience.

It’s important to note that we remain in trial mode only.   We’re now also looking at adding some unlimited data plans to our trials. We have always said that as the Internet, and our customers’ use of it, continues to evolve, so will Comcast and our policies.

Cohen makes a careful distinction between a strict usage limit and the kind of usage-based billing that will fill the company’s coffers with overlimit fees. But any usage allowance is a limit of how much you can use the Internet before something bad happens — either your access is shut off or your bill explodes.

Stop the Cap! has talked with more than a dozen customers in Comcast’s test markets about their experiences with Comcast’s “data usage policy.” Although the company claims it is seeking customer reactions, it never asks whether those customers want usage limits or not, only what kind.

Giving customers “the option to pay more” is exactly the type of thinking that won Comcast the dubious distinction of being the worst company in America. No usage plan tested by Comcast actually offers savings to customers. It simply places an artificial, arbitrary usage allowance on the overpriced broadband service the company offers now.

At this point, Comcast is not offering any unlimited use trials, but we have learned the value they are likely to place on “unlimited” based on what certain customers have paid all along for that privilege. Ars Technica reports some avoided the 250GB cap by signing up for business class service. The cost? $133.79 a month for 50/10Mbps. If Google Fiber was in town, you’d pay $70 for unlimited 1,000/1,000Mbps service, and the search engine giant would still be making money.

Cohen claims nothing is set in stone, but considering Comcast’s “don’t care” attitude towards its customers, it is a safe bet they will do what is best for shareholders and ignore complaints from customers that often have nowhere else to go for 21st century broadband speeds.