Comcast will introduce usage-based billing on all of its broadband customers nationwide within five years, whether they like it or not.

Comcast’s executive vice president David Cohen told Variety he predicts the new usage limit will likely be 350GB a month but could increase to 500GB in 2019. Cohen claims consumers in usage-capped test markets prefer a preset usage limit and an overlimit fee of $10 for each additional 50GB of usage.

But Stop the Cap! has learned at no time has Comcast surveyed customers about whether they want their Internet usage metered or capped. That question is evidently not an option.

If Time Warner Cable territories are merged under the Comcast brand, usage billing would likely immediately follow.

Usage caps will go a long way to protect Comcast’s cable television package from online video, which if viewed in significant amounts could put customers over their monthly usage limit and subject them to higher fees.

“We’re trying to go slowly, not out of a regulatory concern (but because) we have no desire to blow up our high-speed data business,” he said.

If the merger is approved, Comcast will face significantly less competition in many Verizon service areas also served by Time Warner Cable. Verizon FiOS expansion has ended and the company continues to de-emphasize its DSL service, which is the only broadband competition Time Warner Cable faces in many upstate New York and western Massachusetts communities.

An unrepentant Cohen also doubled down on paid prioritization — Internet fast lanes — declaring regardless of what the FCC decides on Net Neutrality, Comcast still has the right to offer paid prioritization to customers.

“Whatever it is, we are allowed to do it,” said Cohen, speaking at the MoffettNathanson Media & Communications Summit in New York. “We are not sure we know what paid prioritization, or what a fast lane, is. Fast lane sounds bad… (but) I believe that whatever it is, it has been completely legal for 15 or 20 years.”

The way Comcast’s lawyers read “Title II,” even if the FCC declares broadband ISPs to be common carriers, Cohen says Comcast will go right on selling prioritized access, claiming Title II doesn’t prohibit paid prioritization — indeed, he said, “the whole history” of Title II is that carriers are allowed to provide different levels of service at different prices, reports Variety.

Cohen said he expects Washington regulators will promptly approve the company’s buyout of Time Warner Cable with no delays, insisting the deal is “not that difficult” in terms of antitrust implications.

Time Warner Cable’s major broadband speed upgrade is alive in the Astoria, Woodside and Long Island City neighborhoods of Queens, N.Y.

The Time Warner Cable Maxx upgrade is Time Warner Cable’s effort to catch up to other cable operators that have significantly upgraded broadband speeds for customers over the last 18 months. Time Warner Cable has traditionally been one of the slowest major cable broadband providers in the country, with most customers only able to buy speeds up to 50/5Mbps. But Time Warner Cable has also committed to keeping unlimited use service available to customers, unlike Comcast, Charter, Cox, Suddenlink, and Mediacom.

The free speed upgrades are the largest ever for Time Warner Cable, typically more than tripling speeds for most customers.

Stop the Cap! has heard from readers in Queens who discovered the upgrades took effect this week, so we have been able to take a closer look at what customers can expect as Time Warner rolls out upgrades across New York City and Los Angeles and finally extending faster speeds over the next two years in other cities.

(Image: ematrix)

Arris Touchstone Telephony Gateway TG1672g

The first notification your area is about to receive an upgrade will come in a letter from Time Warner Cable.

Customers subscribing to the fastest speed tiers may need new equipment. Time Warner Cable is using 8-channel bonding in Queens for its 100 and 200Mbps tiers and 16-channel bonding for its 300Mbps tier. Some older and low-end DOCSIS 3 modems only support four channel bonding. For instance, a customer using a four-channel capable Motorola 6121 modem in Queens with Time Warner’s 30/5Mbps Extreme tier will only get speeds up to 50/5Mbps after the upgrade. If the customer owned a Motorola 6141, which supports eight channel bonding, they will get the full advantage of the upgrade: 200/20Mbps. But even the 6141 isn’t enough for Time Warner’s top tier: 300/20Mbps. Customers would need an upgrade to a 16-channel capable modem.

Time Warner’s notification letter says customers can swap out a company-owned cable modem for a 16-channel capable model, currently the Arris TG1672g, either by mail, through an area Time Warner Cable store, or with a service call. The usual modem rental fees still apply.

The TG1672g (download user manual) is a fully capable broadband and Wi-Fi home gateway that also supports Time Warner’s phone service:

• 16×4 Channel Bonding
• Full Capture Bandwidth Tuner
• Multi Processor Technology with an Intel Atom Core Application Processor
• DOCSIS® 3.0 and PacketCable™ 2.0 compliant design
• 4 port Gigabit Ethernet Wireless Router
• 3×3 Integrated Dual Band Concurrent
• 2.4GHz and 5GHz 802.11n radios with Beam Forming
• USB 2.0 Host Port
• Upcoming support for DLNA and File Storage
• Two FXS lines of carrier-grade VoIP with HD voice support
• MoCA1.1 for in Home Video and Data distribution over Coax
• Dual Stack IPv4/IPv6 Home Router
• Internal Power Supply for Highest Reliability and reduced energy consumption
• Battery backup: Single battery pack for reaching a full 8 hours of standby support

If picking up new equipment, a Time Warner representative will probably let you know if your account is flagged “Maxx-capable,” which means your neighborhood’s upgrade is imminent or complete. Time Warner may also want to swap out your set-top boxes if you subscribe to cable television, although readers report cable television service and the on-screen guide in Queens doesn’t look any different at present. The backup battery inside the cable modem is rated for up to 10 years of life and is replaceable by the user for around $60.

Customers who own their own cable modem might have to buy a new one if they are seeking the company’s fastest speeds. Time Warner’s latest approved modem list should guide what, if any, new equipment you might need. If you are considering buying your own modem, you might plan your purchase around the model(s) that support the speeds you want.

Time Warner Cable’s Latest Approved Modem List

[flv]http://www.phillipdampier.com/video/TWC Techs Launch 300 Mbps Internet Speeds at Queens NY Hub 5-6-14.flv[/flv]
Technicians launch 300Mbps broadband speeds for Time Warner Cable customers in Queens, N.Y. (1:27)

Level 3’s global network: Orange lines represent Level 3-owned infrastructure, yellow lines show leased or co-owned connections.

Five of the largest Internet Service Providers in the country are intentionally sabotaging your use of the Internet by allowing their network connections to degrade unless they receive extra compensation from content companies they often directly compete with.

Mark Taylor, vice president of content and media for Level 3, wrote a lengthy primer on how Internet providers exchange traffic with each other across a vast global network. While clients of Level 3 are likely to have few problems exchanging traffic back and forth across Level 3’s global network, vital interconnections with other providers that make sure everyone can communicate with everyone else on the Internet are occasional trouble spots.

Every provider has different options to reach other providers, but favor those offering the most direct route possible to minimize “hops” between networks, which slow down the connection and increase the risk of service interruptions. These connections are often arranged through peering agreements. Level 3 has 51 peers, minimized in number to keep traffic moving as efficiently as possible.

This oversaturated port in Dallas cannot handle all the traffic trying to pass through it, so Internet packets are often dropped and traffic speeds are slowed.

Taylor writes most peering arrangements were informal agreements between engineers and did not involve any money changing hands. Today, 48 of the 51 Level 3 peering agreements don’t involve compensation. In fact, Level 3 refuses to pay “arbitrary charges to add interconnection capacity.” Taylor feels such upgrades are a matter of routine and are not costly for either party.

Peering agreements have been a very successful part of the Internet experience, even if end users remain completely in the dark about how Internet traffic moves around the world. In the view of many, customers don’t need to know and shouldn’t care, because their monthly Internet bill more than covers the cost of transporting data back and forth.

Because of ongoing upgrades the average utilization of Level 3’s connections is around 36 percent of capacity — busy enough to justify keeping the connection and providing spare capacity for days when Internet traffic explodes during breaking news or over the holidays.

However, Taylor says more than a year ago, something suddenly changed at five U.S. Internet Service Providers. They stopped periodic upgrades and allowed some of their connections to become increasingly busy with traffic. Today, six of Level 3’s 51 peer connections are now 90 percent saturated with traffic for several hours a day, which causes traffic to degrade or get lost.

“[The] congestion [has become] permanent, has been in place for well over a year and […] our peer refuses to augment capacity,” Taylor wrote. “They are deliberately harming the service they deliver to their paying customers. They are not allowing us to fulfill the requests their customers make for content.”

Taylor adds all but one of the affected connections are U.S. consumer broadband networks with a dominant or exclusive market share. Where competition exists, no provider allows their Internet connections to degrade, said Taylor.

Taylor won’t directly name the offenders, but he left an easy-to-follow trail:

“The companies with the congested peering interconnects also happen to rank dead last in customer satisfaction across all industries in the U.S.,” Taylor wrote. “Not only dead last, but by a massive statistical margin of almost three standard deviations.”

Taylor footnotes the source for his rankings, the American Consumer Satisfaction Index. The five worse providers listed for consumer satisfaction:

• Comcast
• Time Warner Cable
• Charter Communications
• Cox Communications
• Verizon

AT&T has also made noises about insisting on compensation for its own network upgrades, blaming Netflix traffic.

In fact, Netflix traffic seems to be a common point of contention among Internet Service Providers that also sell their own television packages. They now insist the streaming video provider establish direct, paid connections with their networks. Level 3 is affected because it carries a substantial amount of traffic on behalf of Netflix.

Ultimately, the debate is about who pays for network upgrades to keep up with traffic growth. Taylor says Level 3’s cost to add an extra 10Gbps port would be between $10-20 thousand dollars, spare change for multi-billion dollar Americans cable and phone companies. Normally, competition would never allow a traffic dispute like this interfere with a customer’s usage experience. Angry customers would simply switch providers. But the lack of competition prevents this from happening in the United States, leaving customers in the middle.

This leaves Taylor with a question: “Shouldn’t a broadband consumer network with near monopoly control over their customers be expected, if not obligated, to deliver a better experience than this?”

Netflix has reached an agreement with Verizon Communications for a paid-peering interconnection between the two that will help assure Verizon’s broadband customers can watch Netflix content without repeated buffering slowdowns.

It is the second major deal for Netflix where money has changed hands to assure a more error-free experience for customers, coming two months after a similar deal with Comcast.

Both Verizon and AT&T have told their respective shareholders they anticipate new revenue streams from interconnection agreements with Netflix, which now constitutes a large percentage of evening Internet traffic in the United States.

By establishing a more direct connection between Netflix and Verizon, customers should experience fewer streaming problems. Netflix traditionally pays third parties to handle its traffic and some of those shared connections have grown increasingly overcongested. ISPs are becoming increasingly reluctant to upgrade them without financial compensation.

The FCC does not consider peering arrangements part of the Net Neutrality controversy, but for customers the result is the same — without a financial arrangement with a provider, content from certain websites may not be dependably accessible. Earlier this year, Netflix viewing was increasingly disrupted for many Verizon, AT&T, and Comcast customers.

Netflix CEO Reed Hastings has repeatedly complained Netflix is being subjected to an “arbitrary tax” to assure dependable service to its paying customers. Hastings now wants the FCC to treat the issue as an “end run” around Net Neutrality and include peering agreements and financial compensation issues in the new Net Neutrality rules expected to be introduced in May.

Most analysts do not expect FCC chairman Thomas Wheeler to oppose or regulate the financial arrangements between ISPs and content producers.

Time Warner Cable has introduced a new marketing message to potential customers, promoting the fact its broadband service has “no data caps.”

The new ads, appearing for the first time earlier this month, break from the usual tradition of avoiding telling customers they can use broadband service as much as they like. The cable industry advertised “unlimited access” in its broadband offer for years to compete against dial-up Internet. More recently some have redefined the term to mean “you can use the service anytime day or night,” but not consume unlimited amounts of data.

Of course, with Comcast attempting to claim they have “no data caps” either, only “data thresholds,” Time Warner Cable still has some wiggle room should it impose usage-based billing. Technically, under that scheme users don’t have a “data cap,” just a usage allowance above which they will face overlimit penalties.

Still, it is a nice change for at least one major cable company to be willing to market service without data caps. Time Warner’s most likely intended target for the campaign is AT&T U-verse, which has increasingly cracked down on customers exceeding its own usage caps — 150GB a month for DSL, 250GB a month for U-verse. Customers pay a overlimit penalty of $10 for each 50GB allotment above those allowances.