Rogers Cable lets their customers purchase this cable box outright to avoid rental charges.

Stephen Simonin first came to our attention in January 2010 when he proposed charging cable operators room and board for their expensive cable set top boxes they require subscribers to rent.  Now, the chairman of the Litchfield (Conn.) Cable Advisory Council is back with another salvo — demanding an end to mandatory rental charges for cable TV equipment and access to competing providers:

The biggest industry in the US that has money for jobs is the entertainment industry. Federal law requires Cable to carry local broadcast and public channels in the clear for all. If we contact our Federal representatives and ask them to add: “Must carry adjacent competitors programming” We would add a million USA jobs immediately. Paid for by corporate cable and NOT tax dollars!

Cable has forced all of us to RENT cable boxes. We are not allowed to buy them because this is guaranteed free revenue forever for them. A box costs less than $100 and we pay nearly $10 a month for rental and power each month. Cablevision makes over $1,000,000,000 a year on set top box rentals alone. This is only one company! They have compressed TV to less than 20% of the transport. They use the other 80% for business and not covered under TV franchise (Wi-Fi, data, phone business). However, they use the TV franchise for this monopoly access to our front doors.

Adding this must carry clause will allow up to 5 different cable providers at our front doors for lower costs, higher quality and real competition. Cable will not want to give up that fat 80% business revenue they have today and will need to add a new fiber/co-ax transport across the country on their nickel! Think how many local jobs $1,000,000,000 can pay for. Now remember that we have several cable companies here in CT!

These are American jobs! Please help us get this passed! Call our Federal Congressman and Senators today. Remind them of the details I have sent them on behalf of the People.

Simonin’s proposal, sent to Stop the Cap!, enjoys some precedent… in Canada.

Sky Angel, a Christian television distributor, abandoned satellite in favor of IPTV several years ago. Their subscribers watch Sky Angel's channel lineup over a broadband connection.

Consumers there can purchase cable boxes in stores like Best Buy ranging from $80 for a refurbished unit that works with Shaw Cable to $500 for a cable box with DVR designed for Rogers Cable customers.  Buying your own box puts an end to rental fees, often $7+ per month, which never stop, even after the box is effectively paid for in full.  But for those seeking a built-in DVR, the initial price tag is on the steep side.  The practice of buying boxes has also generated some surprising competition between Rogers and itself.  When customers call to inquire about new service, Rogers often includes discounts including free box rentals, making it unnecessary to purchase the box at all (as long as you remember to re-negotiate an extension of the promotion when it ends).  That’s a savings of nearly $100 a year for some customers.  Buying DVR equipment guaranteed to work with your current provider also makes it easy to upgrade the device with larger capacity hard drives that can store more programming.  Since the failure point for most DVR’s is the hard drive, occasional replacements and upgrades can keep a box running for years.  Many pay providers in the United States charge higher rental prices for higher capacity equipment, with no option to buy.

Simonin’s proposal to open up cable networks to other providers is more novel, and probably a lawyer’s dream come true for the endless litigation it offers.  It’s highly unlikely the courts will side with the notion of forcing cable operators to open their infrastructure to competing providers, and considering the amount of informal collusion between companies today, it’s probably not going to deliver much savings.

A bigger hope on the horizon is the ongoing march to IPTV — television programming delivered using Internet technology.  With strong Net Neutrality policies in place (and a strong position against Internet Overcharging with usage caps or usage-based billing), dozens of new virtual “cable companies” could be launched, delivering their lineups over the Internet, direct to computer and television screens.  That could deliver consumers an endless choice of providers, assuming regulatory oversight is in place to make sure programming is available to all at fair and reasonable prices and that broadband providers are not allowed to block or impede access to the offerings that result.

It’s much easier to do an end run around Big Cable than trying to find a way to get them to change their business plans.

Two years after Americans dumped analog television in favor of digital over the air broadcasting, in just over two weeks many Canadians will discover their favorite free-TV signals gone from the analog airwaves forever.

Canada’s transition to digital TV will take a substantial step forward on Aug. 31st when many Canadian local television stations cease broadcasting in analog.  Canada’s pay television providers are taking full advantage of the transition, trying to persuade Canadians who watch their television signals over-the-air for free they will be better off paying for those signals going forward.

Part of the problem is that digital television signals, while “snow-free,” are not pixel-free in many areas distant from the transmitter.  As Americans in suburban locations discovered, those trusty indoor rabbit ears may be insufficient to receive an annoyance-free picture.

Digital television signals are not the nirvana some suggest.  The same passing vehicles and aircraft that caused wavy analog pictures or other interference can turn a digital picture into a frightfest of frozen picture blocks, digital raining pixels, and other effects that can make watching a difficult signal near impossible.

For Americans who thought the days of the external rooftop antenna were behind them, digital television changed all that, especially in more rural areas that could live with a slightly snowy analog picture, but found sub-optimal digital signals unwatchable.

Canada’s vast expanse, and its accompanying large network of low powered television repeater stations rebroadcasting signals from major stations in provincial capitals and large Canadian cities may prove to be an even greater reception challenge, especially in the Canadian Rockies and hilly terrain in eastern Canada.

Some Canadians experimenting with digital-to-analog converter boxes have found reception less practical than they originally thought.

Peter, a Stop the Cap! reader who lives near Oshawa, Ontario delivers some difficult news:

“Reception of digital signals from Toronto’s CN Tower has proved to be a lot more difficult in Oshawa than the existing analog signals,” Peter writes.  “We have no trouble getting truly local signals like CHEX-TV, which has a transmitter in analog serving Oshawa, but watching digital signals from Toronto really requires an outside antenna for good reception.”

Snow may be a thing of the past, but bad digital reception like this may be here to stay for many Canadian viewers.

Peter’s decision to erect a rooftop antenna opened the door to reception of analog and digital signals from Toronto and across Lake Ontario, where he can receive digital signals from some stations in Buffalo and Rochester, N.Y.  But it was an expense of several hundred dollars to get the work done.

“Cable and satellite companies are taking full advantage of the digital switch to try and get free-TV viewers to ‘upgrade’ to pay television, and they don’t hesitate to mention the expense and hassle of erecting rooftop antennas to guarantee good digital reception,” Peter says.

Peter can only imagine what digital reception will be like in the Canadian Rockies, where large networks of analog, mostly low-powered UHF transmitters deliver basic reception to important networks, especially CBC, outside of major cities.

“If you visit western Alberta or eastern B.C., good luck to you — we could barely watch over the air signals in most of the mountain towns,” Peter says. “Most people either have cable or satellite already.”

Not every television transmitter is scheduled to switch off analog service at the end of August.  Many rural areas are expected to retain analog signals for some time, in part because of the expense of digital conversion and concerns about reception quality.  But some areas, particularly near the U.S. border, are scheduled to drop analog signals regardless, potentially causing disruptions for plenty of free-TV viewers.  Ottawa is anxious to auction off the vacated frequencies for cell phone, Wi-Fi and wireless broadband use for an estimated $4 billion, and the demand is highest in cities along the U.S. border.

“As many as 1.4 million English-language viewers and 700,000 Francophone viewers may be left without a CBC signal,” Ian Morrison, spokesman for the non-profit Friends of Public Broadcasting, which monitors the CBC and promotes Canadian content on TV and radio told the Toronto Star. “For the most part, these are poorer and older people on fixed incomes who are of no interest to advertisers, but who rely for their news and connection to the community on the CBC, the nearest thing we have in this country to a public broadcaster.”

The Canadian Radio-television and Telecommunications Commission runs a website regarding the transition and includes a list of impacted television stations.  Canadian consumers who elect to purchase converter boxes for their analog televisions will pay full price for them — Ottawa has not followed Washington’s lead subsidizing their purchase with a coupon program.

Meanwhile, many pay television providers are running “digital TV upgrade” specials trying to get Canadians to walk away from free TV in favor of paid video packages:

Shaw Direct: Shaw’s direct to home satellite service has developed the best offer around for qualifying residents in 20 Canadian cities set to lose analog television: free service.

“The Local Television Satellite Solution is [for] households in 20 designated cities that have been receiving their television services over-the-air, and will lose over-the-air access to their local broadcaster because the analog transmitter is being shut down and will not be replaced by a digital transmitter,” a Shaw spokesperson told the Toronto Star. “Shaw will provide a household in a qualifying area with a free satellite receiver and dish that is authorized to receive a package of local and regionally relevant signals from Shaw Direct. There are no monthly programming fees provided that a household qualifies to participate in the program.”

The qualifying cities:

For everyone else, Shaw Direct’s least expensive package is their Bronze – English Essentials tier which runs $41.99 a month.

Rogers Cable: Rogers is marketing a special package called Rogers Digital TV which offers up to 85 channels for $10.14 a month, which includes all fees.  Many of the channels are included for the first year as a teaser.  After that, customers are left with mostly local stations and filler (including — we’re not kidding — the Aquarium Channel, which shows exactly what you think it does.  Remember, this is the same cable company that brought you the Swiss Chalet Rotisserie Channel.)

“It’s a fine way to get people used to paying for television, and Rogers introductory price is sure to increase at some point,” suspects Peter.  “Maybe you can save a few dollars using those Swiss Chalet meal coupons, though.”

Telus: Western Canada’s largest phone company doesn’t offer much, in comparison.  A basic package of Telus IPTV over your phone line — Optik TV — starts at $41 a month for the first six months.  Telus Satellite TV starts at $38.27 a month, for the first half of a year.  Prices run higher after that.  The most Telus will toss in is a $50 credit for a customer referral from a friend or family member.

Look on the bright side: When you pay for Rogers Cable, you can finally get to watch The Rotisserie Channel. The spinning chickens are waiting for you, in digital clarity, 24 hours a day on Ch. 208.

Bell: Another phone company with not a whole lot on offer.  Bell’s basic service, which includes TV stations from the U.S. and Canada, starts at $33.50 a month.

Videotron: Quebec’s largest cable company is pitching a combo mini-pack with basic service for $21.29 a month and a required extra channel package starting at $11.17 a month.  That’s around $33 a month.

Can you watch online?  The CRTC says you may find many of your favorite shows available online for free viewing, but includes the important caveat: most Canadian ISP’s engage in classic Internet Overcharging schemes that include a monthly usage allowance that will curtail substantial online viewing.  It should come as little surprise most of the providers in the pay television business in Canada also happen to be the largest Internet Service Providers as well.

About 93 percent of Canadians currently receive television from some form of pay television provider — cable, telco TV, or satellite, according to the CBC.  But some of the 7 percent who do not are at risk of losing Canada’s public broadcaster after the conversion.  While CBC owns most of the stations and transmitters it broadcasts from, it also affiliates with private stations in certain cities where it does have its own presence.

Come Sept. 1, no over-the-air CBC signals of any kind will be transmitted from London and Kitchener-Waterloo in Ontario; Sherbrooke, Chicoutimi, Quebec City and Trois-Rivières in Quebec; Saint John and Moncton in New Brunswick; Saskatoon, Sask., and Lethbridge, Alta.  These are all cities where private stations provided CBC service.  Viewers in these areas will need a pay television subscription, or simply go without.

For some of those already subscribing to cable, Sept. 1 also signals the end of some of their favorite stations, as CRTC requires cable providers to prioritize local stations over more distant ones.  In southeastern Ontario, for example, a number of viewers will lose access to CBLT, Toronto’s CBC station, and CFTO, Toronto’s CTV affiliate, in favor of “more local” stations in Kingston, Ottawa, and Peterborough.

AT&T warns DSL customers they can watch 10 High Definition movies per month... and use their Internet connection for absolutely nothing else, unless they want to incur an overlimit fee of $10.

AT&T has released a phoney baloney video for their customers purporting to “explain” broadband usage and the company’s completely arbitrary usage limits on DSL and U-verse customers: “A single high-traffic user can utilize the same amount of data capacity as 19 typical households. Lopsided usage patterns can cause congestion at certain points in the network, which can slow Internet speeds and interfere with other customers’ access to and use of the network.”

Too bad these claims are not verified with actual facts.

Meaningless statistics

AT&T’s claim that less than two percent of their customers use 20 percent of available bandwidth is frankly meaningless to the company’s DSL and U-verse hybrid fiber-copper networks.  For years, phone companies made a marketing point that unlike cable broadband’s shared network, their DSL service was never shared with anyone else in a neighborhood.  Therefore, running it at a trickle or full speed ahead should have no impact on any other customer.  The only exception to this rule comes from phone companies that under-invest in their middle mile and backbone networks.  For AT&T, that means trying to serve too many customers on inadequate equipment ranging from a poorly planned network of D-SLAMs, which connect individual customers with a fatter pipeline back to the central office, or an inadequate network between the central office and AT&T’s regional backbones.  Fiber, such as that used by AT&T’s more modern U-verse system, completely solves any capacity issues.  Broadband traffic is only a tiny percentage of the bandwidth consumed by AT&T’s IPTV video service — the one that delivers U-verse TV to your home.  AT&T imposes no viewing limits on customers, of course.

Any actual capacity crunch would only show up during peak usage periods — when AT&T customers of all kinds pile on their broadband connection at the same time. AT&T’s usage cap regime does next to nothing to mitigate that kind of congestion.  Here’s why:

Since AT&T and other broadband companies routinely claim the average use per customer is well under 20GB per month, and only 2 percent of customers are currently deemed “heavy users” by AT&T, that tiny percentage of customers cannot create sufficient drag on AT&T’s DSL network even if they opened up their connections to full speed traffic.  In reality, the 98 percent of “average” users piling on the network during prime time would be the only thing capable of the kind of critical mass needed to create visible congestion.  What uses more capacity?  Two customers using their 7Mbps DSL lines to stream online videos concurrently or 98 customers all using their 7Mbps DSL lines at the same time for virtually any online activity?

The math simply doesn’t add up.

The Congestion Myth

AT&T targets their broadband customers with an unwarranted, arbitrary Internet Overcharging scheme they cannot effectively explain to customers.

As two week’s of hearings this month have demonstrated, Bell Canada’s similar arguments for its usage caps simply come without any evidence of actual congestion.  In fact, company officials modified their position to talk more about peak usage congestion, a problem that cannot be controlled with a usage cap well in excess of the average consumer’s usage.  In fact, only a speed throttle could control network congestion at the times it actually occurred.  AT&T also ignores when its customers are using its network.  Is a heavy user downloading files at 3 in the morning creating a problem for other users?  No.  Are the majority of their average-usage customers all jumping online after school or work creating a problem?  Perhaps, if you believed AT&T even had a congestion problem.

Industry maven Dave Burstein does not, and Burstein talked to two chief technology officers at AT&T who told him wired broadband congestion is a “minimal” problem for the phone company.

Upgrades and Cord-Cutting, Delayed

Two things usage caps can do is help your company delay necessary upgrades to meet customers’ broadband needs, whether they are “heavy users” or not.  AT&T has shown itself historically to be slow to invest, and cheap when it does.  AT&T’s wireless network is bottom-rated by consumers thanks to inadequate network capacity.  The company elected to upgrade on-the-cheap to an IPTV platform that still relies on copper phone lines to deliver service that simply cannot compete in quality and capacity with Verizon’s FiOS fiber to the home network.  But investors love the fact the company counts every penny, even if it means inconveniencing and overcharging customers for their services, usually offered in duopoly or monopoly markets.

AT&T’s usage caps on U-verse are even less credible than those imposed on their DSL service.  U-verse is a fiber to the neighborhood network with near limitless capacity for broadband and video.  In fact, the only “congestion” comes from the copper phone lines that limit how much bandwidth can be supplied to your individual home.  But no matter how much you use, you will not affect your neighbors because your copper phone line is shared with nobody else.  In fact, the biggest chunk of U-verse’s bandwidth is reserved for their video services, which makes arguments about excessive Internet usage on that pipeline un-credible.

What AT&T’s usage cap does assure is that you will not drop that video package from your U-verse service anytime soon.  That lucrative revenue from expensive video packages cannot be forfeit without a fight, and a nice deterrent in the form of an arbitrary usage cap does wonders to keep that cord cutting to a minimum.

Meters That Don’t Measure

One of the worst ongoing problems with Internet Overcharging schemes like AT&T’s is the broken usage meter.  Stop the Cap! has received hundreds of e-mails from AT&T DSL and U-verse customers who report AT&T’s usage meter is either unavailable, broken, or is wildly inaccurate.  With absolutely no independent oversight, and no consistently accurate usage measurement, charging anyone overlimit fees with a broken meter doing the counting is unconscionable.  Yet AT&T may well try.  The company has already been sued by one law firm for what it alleges is an unfair usage meter on the company’s wireless service — a meter that consistently overcounts usage in AT&T’s favor.

AT&T admits they cannot even accurately measure their own customers' usage.

Once getting over the broken meter, customers are directed to a pointless usage-estimator — the ones that tell you about how many tens of thousands of e-mails you can send and receive under AT&T’s cap regime.  In fact, these statistics are irrelevant for the vast majority of customers who never think of sending 10,000 e-mails or exchanging 2,000 pictures or songs.  That’s because customers do not use the Internet to exclusively do those things.  Even with the guestimator, they are left checking a broken usage meter to ponder whether or not they can watch one more show or download another file without incurring a $10 overlimit penalty (or more).  That “generous” limit AT&T touts suddenly doesn’t look so ample when the company gets to the wildly popular activity of streamed video.  AT&T’s own video warns you can only watch 10HD movies a month over your broadband connection — and absolutely nothing else.  No web browsing, e-mail, or photos or music.  Ten movies a month.  Still thinking of dropping your U-verse video subscription now?

Yet AT&T has the nerve to claim, “Our goal is to provide you with the best Internet service possible.”  Really?

Thankfully, not every member of the investor class is thrilled with nickle-and-diming broadband consumers for usage that costs the providing company next to nothing.

The Economist excoriated AT&T for its unwarranted usage limits on its blog earlier this year:

The use of caps allows providers to dish out bandwidth with one hand and take it away with the other. The companies have vastly increased the capacity of various copper, coaxial and fibre lines, but artificially separate out a portion—at least half and often much more—for video which a set-top box or a broadband modem spits out as an apparently distinct service. Cable firms simultaneously push out hundreds of digital channels, while telecoms firms rely on multiple digital streams from live broadcast or cable TV or on-demand pay-per-view. It is as though the water main were divided as it entered the home and a steady, modest stream was made available for showers and at the tap, while most of it was always at the ready for a coin-operated washing machine.

Increasing speed on the internet portion, which would allow consumers to give up on TV subscriptions, is balanced by capping volume. If a consumer does not monitor usage, his internet access can be withdrawn or, in AT&T’s case, overage fees of $10 charged for every additional 50 GB of usage. […] [That] $10 charge applies whether the limit was breached by 1 MB or a smidgen under 50 GB.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Usage.flv[/flv]

AT&T’s new video on broadband usage is based on facts not in evidence and only adds to consumer confusion about arbitrary Internet Overcharging schemes.  (4 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.”]

Hawaiian Telcom on Friday won a 15-year non-exclusive franchise to develop and market cable television service on the island of Oahu.

The telephone company will be the first major competitor to Oceanic Cable in at least a decade, at least where HawTel plans to provide service.

“We are very pleased to have reached this important milestone in the development of our exciting new video service and will have more details to share about our plans in the next several weeks,” said spokeswoman Ann Nishida Fry.

Many HawTel-watchers predict the phone company will choose an IPTV platform over a hybrid fiber-copper network to support the service, much like AT&T’s U-verse.  HawTel plans a gradual rollout as neighborhoods are “upgraded” to support the service.

Oceanic Cable president Bob Barlow said he wasn’t too concerned with HawTel’s entry into the market.  He told the Hawaiian Star-Advertiser customers should not expect any dramatic savings or price cuts.

“Most of our customers don’t bundle services, and more than 60 percent of our video costs come from programming,” he said.

Barlow expects the fiercest level of competition will come from who delivers the best customer service.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KHON Honolulu Hawaiian Telcom to Offer Cable TV 6-24-11.mp4[/flv]

KHON-TV in Honolulu leads their newscast with HawTel’s approval for a cable television franchise on Oahu.  (2 minutes)