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AT&T Censors Discussion of Internet Overcharging on its Website

AT&T’s support forums are being censored to stop a free and open discussion about the company’s elimination of an unlimited Internet experience.

We received word this morning from Stop the Cap! reader Roger, who tried to post a message including a link back to one of our stories exposing the myth of AT&T’s “congestion problems” to share with the large community of readers angry with AT&T about its Internet Overcharging scheme on its support forum.

“AT&T will not allow people to post links to your website,” Roger writes.  “Both myself and a friend of mine tried on two separate occasions to write messages that quoted from your facts and figures and linked back to them for readers looking for additional information, and AT&T removed them within minutes.”

Stop the Cap! can confirm AT&T is actively engaged in censorship on its support forum when I tried posting a message myself to test the theory, under my real name, including three links to three individual stories, and signed with a link back to our website’s home page.  Sure enough, within the hour, AT&T stripped out the links and implied we “revealed personal information” (about myself in the form of my name, which still appears as my ‘handle’) and were “spamming” the forum — a stretch when the only links were back to the content referenced in the piece.  A few other linked sites, including Broadband Reports, are not suffering the same fate when users link back to their content, at least for now.

(click to enlarge)

AT&T followed up claiming it does not allow messages that support the work of third-party groups, even if that “support” comes only from links back to content referenced in the forum.

“At least your message remained partially intact,” Roger adds.  “Ours were deleted completely.”

“With AT&T’s heavy handed ‘editors’ at work, no wonder there are concerns about Net Neutrality.  AT&T censors first, asks questions later.”

An Open Letter to Content Producers: Netflix, Hulu, Valve, Microsoft, Sony, and Nintendo

Dear Content Producer:

Your money train is leaving the station.

Customers are about to start making some very important choices about what they do on the Internet. AT&T announced this month they are going to start capping their DSL customers at 150GB per month and their fiber-to-the-neighborhood U-verse customers at 250GB per month, with overlimit fees for those who exceed them.

Comcast already has a 250GB per month cap, currently loosely enforced. Time Warner Cable has strongly advocated usage-based billing for years. Other telecommunications companies are all either supporting or considering these Internet Overcharging schemes for one reason, and one reason only:

It makes them absolute boatloads of cash.

Canada already lives with this reality. So does Australia, although they’re backing away from it. South Korea? Japan? Europe? Nope. Flat-rate Internet service is the norm there.  In Europe, mobile customers are demanding the removal of bandwidth caps American providers are still trying to attach to customers’ bills.

So how does this impact you? 250GB a month is a lot, and you’ll be fine? Sure. For now.

But what happens when Sony introduces the Playstation 4, or Microsoft announces the Xbox Next? Games aren’t exactly going to get smaller, and online distribution is far and away the future of games and software in general. Right now a game for the 360 or PS3 can be as large as 20GB. PC game enthusiasts routinely cope with 10-12GB game upgrades, and woe be unto you if you have to reinstall your Steam library and have 20-30 (or more) games to restore.

Internet Overcharging schemes make providers, and the lobbyists who do their bidding, very wealthy.

For the “Massively Multiplayer Online” game universe, incremental software updates and upgrades often come through BitTorrent, which exposes users to peer-to-peer traffic well beyond the size of the update itself.  In fact, as games increasingly turn towards Cloud storage and distribution, the traffic adds up.

For online video companies, your very business model could be at risk.  Netflix? Hulu? People are no longer satisfied with grainy, compressed video.  They want HD content, and you’ve answered the call.  But as consumers increasingly face 8-10GB per movie (at 720p, 15GB+ for 1080p), the usage racked up is going to blow past all of these caps.

Who knows what happens in the next five years, or ten.  Considering Canada, where a similar duopoly of broadband providers have lowered usage allowances, do you really expect anything different down here?  The only thing likely to be raised is the monthly price, which remains higher here than in most places around the world.

Google has the right idea with their experimental 1Gbps fiber-to-the-home network. The problem is, that’s only going to serve one (or perhaps a few) communities in the U.S.  The rest of the country will have to survive with ‘Ultra’ cable broadband packages serving up 10-20Mbps service or DSL that barely manages 6Mbps.  If you don’t live in an urban area, tough luck.  You will be lucky to get 3Mbps service.

Broadband service upgrades come painfully slow in the absence of robust competition.  Time Warner Cable and other providers are slowly starting to roll out DOCSIS 3, which allows speeds up to 100Mbps, assuming the average consumer can afford the Cadillac price that comes with it.  Many phone companies continue to bet the farm on their DSL service, which can also be expensive when it’s the only broadband service in town.

Against this backdrop, the rest of the world marches on, and beyond, North America.

South Korea? They’re promising national speeds of 1Gbps by 2013 — for $27 a month!

How has this happened?  Where have we gone wrong?

For starters, the broadband providers have very powerful lobbyists — quite a few of which are ex-legislators. Together, they wage their public policy battles on both the state and federal level, often writing the bills a compliant legislator is willing to introduce as their own.

Washington regulators take a "see no evil, hear no evil" approach to regulating super-sized corporations who can cause them trouble.

The Federal Communications Commission has adopted a “see no evil, hear no evil” approach to broadband, capitulating when a chairman occasionally strays too far into the industry minefield laid to protect their business agenda.  As a result, the agency is a toothless dog.  It recently adopted a “Net Neutrality” policy all but written by Verizon, who ironically is now spending money to fight the rules they helped write.  As a backup, virtually every Republican and several Democrats have teamed up to pass a Resolution of Disapproval seeking to overturn the weak-kneed Net Neutrality rules the FCC adopted.  Lobbyists are well paid to cover every contingency.

Consumers — your customers — can’t do much about this beyond writing their members of Congress and complaining.  But because they did not enclose a check or money order made payable to the respective politician’s campaign fund, the result will be a form letter response weeks, if not months later… after the corporate agenda is enacted into law.

We just cannot fight this battle all by ourselves.  Recognizing the realities of today’s politics, we need your help to fight money and power with money and power.

The video game industry earns billions yearly. You have already faced battles in Washington, so you know how this works. You can fight for your interests while protecting ours by ensuring broadband service is cheap, plentiful, and unlimited. The same story applies to other content producers, such as online video, software, and any other company that wants to move to online distribution to power their business. You cannot succeed if customers are too afraid of using your service because of a bandwidth cap.

The remarkable thing is that countries many Americans cannot find on a map are now beating the United States with better and cheaper broadband while we hand over our digital economic future to a duopoly. That will not buy us better service, just bigger bills for “fast enough for you” Internet access.

So that’s it. Act now. Act strongly. If you cannot stand up for your customers, you may not have any.

Signed: A gamer. A movie watcher. A music listener. An enjoyer of entertainment. A lover of the Internet.

Broadband consumer and reader Jason Ballew penned this guest editorial, with some editing and additions from Stop the Cap! editor Phillip M. Dampier.

The Industry<->Regulator Revolving Door Keeps Turning; Former FCC Boss in as Top Cable Lobbyist

Phillip Dampier March 15, 2011 Astroturf, Net Neutrality, Public Policy & Gov't 1 Comment

Powell

Former Federal Communications Commission Chairman Michael Powell has been hired as America’s top cable industry lobbyist — taking over as president of the National Cable & Telecommunications Association.

Powell’s tenure on the Commission started during the Clinton Administration after President Clinton signed the 1996 Communications Act into law, which brought sweeping deregulation and industry consolidation.  Powell’s appointment as one of two Republican commissioners came with an agenda for deregulation and competition.  Powell believed free markets were best equipped to manage telecommunications in the United States.

His regulatory record impressed President George Bush, who appointed him chairman of the FCC during his first term.  Powell’s service at the Commission was marked by good times for the telecommunications industry, which was rapidly consolidating even as it added new customers.  Broadband was a rapid growth industry and getting service to consumers was a priority.  Powell’s interest in broadband often walked over the interests of others regulated by the Commission.  Powell was a major proponent of the now-forgotten “broadband over power lines” concept, which alienated broadcasters and amateur radio operators because the technology used unshielded power lines which often reduced much of the AM and shortwave radio dial to a cacophony of digital noise where it was attempted.

Powell’s record was consistently pro-provider except in one area — he was a strong advocate of Net Neutrality, going as far as to fine Madison River Communications for blocking VoIP telephone service in 2005 – the first time the concept of Net Neutrality was enforced.

The NCTA is the cable industry's biggest lobbying group.

Later, he laid the foundation for a flawed mechanism to partially enforce Net Neutrality under an FCC policy that classified broadband as an “information service,” not a “telecommunications service.”  It was this policy that was the subject of a lawsuit by Comcast which objected to the policy framework as untenable and lacking in authority.  A DC Court of Appeals agreed and overturned the policy, setting the stage for the 2010 fight for Net Neutrality.

During the start of Bush’s second term, Powell left the FCC and quickly assumed membership on the Board of Directors at Cisco, an equipment manufacturer that also sells the theory of the “zettabyte era,” where a great wave of Internet usage could create Internet “brownouts.”  Cisco and other manufacturers have also closely aligned themselves with the large telecommunications companies who are among their best customers.

Powell today serves as “honorary co-chair” of the industry front group Broadband for America, perhaps America’s largest corporate astroturf telecom group supporting broadband policies favorable to the industry that pays for their operation, while purporting to represent consumer interests.

Kyle McSlarrow is the outgoing head of the cable lobby.

His assumption of leadership at the NCTA, replacing Kyle McSlarrow (who is headed to Comcast to run their DC lobbying operation) — a strong advocate of Internet Overcharging — is likely a natural fit for the cable industry agenda, with the exception of Powell’s “tarnished record” of supporting Net Neutrality.  But his anti-regulatory, pro-provider credentials go unquestioned by most in the industry.  The congratulatory well-wishes have come pouring in since the announcement earlier today:

Matt Polka, American Cable Association: “The American Cable Association congratulates former Federal Communications Commission chairman Michael Powell on his appointment as NCTA’s new president and CEO. Everyone in the independent cable community wishes Michael the very best in his new position, and we look forward to working with him on the issues that are important to both large and small cable operators.”

Brian Roberts, Comcast: “We are thrilled that Michael Powell has accepted the position as CEO of NCTA. As a former FCC Chairman and advisor to Providence Equity, Michael brings unprecedented government and business experience to his new position. Michael is respected by the leaders of both the Senate and House, Republicans and Democrats, as well as the Administration and the business community. The cable industry is fortunate to have him as the new leader of our trade association.”

Gordon Smith, Nat’l. Assn. of Broadcasters: “NAB salutes the NCTA for its outstanding choice of former FCC chairman Michael Powell as its new president and CEO. I got to know Michael well during my tenure on the Senate Commerce Committee, and always found him to be thoughtful, engaging and a tremendous public servant. Though NAB and NCTA do not always agree on every issue, we look forward to working with Michael in the months ahead on public policy issues where we might find mutual agreement.”

The revolving door never stops turning as regulators take jobs with the industries they used to regulate.

Among consumer groups, Media Access Project and Public Knowledge tried to start off on a good note.  Andrew Schwartzman from MAP has a long history disagreeing with Powell during his time at the FCC, but still calls him a friend and looks forward to sparring with him in the future.  Gigi Sohn from Public Knowledge said their group hopes he will “help the association realize the transition to a broadband economy will take many forms, as consumers wish to exercise choices of online services and service providers.”

Free Press was in no mood to ingratiate themselves with Powell.  Craig Aaron, Free Press Managing Director, issued a statement affirming this was indeed good news for the cable industry.

“If you wonder why common sense, public interest policies never see the light of day in Washington, look no further than the furiously spinning revolving door between industry and the FCC.

Former Chairman Michael Powell is the natural choice to lead the nation’s most powerful cable lobby, having looked out for the interests of companies like Comcast and Time Warner during his tenure at the Commission and having already served as a figurehead for the industry front group Broadband for America.

During his time as a public servant, Chairman Powell once dismissed the notion of a digital divide as no different from the Mercedes divide that afflicted him — after all, he said, not everyone who wants a Mercedes can have one.

Thanks in no small part to the policies he pursued at the FCC and to the cable lobby’s unyielding fight against any real competition in the broadband market, the digital divide is still with us. But today we can finally say, at least in Michael Powell’s case, that the Mercedes divide is closing.”

Sen. Al Franken Argues for Net Neutrality at South By Southwest Gathering

Phillip Dampier March 14, 2011 Net Neutrality, Public Policy & Gov't, Video 1 Comment

[flv width=”512″ height=”404″]http://www.phillipdampier.com/video/Al Franken on Net Neutrality SXSW 3-14-11.flv[/flv]

Sen. Al Franken (D-Minn.) delivered comprehensive remarks at today’s South By Southwest (SWSW) gathering in Austin, Tex.  Franken declared the fight for Net Neutrality is by no means over, and claimed corporate opponents and some members of Congress are “using a rhetorical technique called ‘making stuff up'” to fight the rules guaranteeing a free and open Internet.  Franken added an open Internet does not mean open season for online content piracy, but preserving today’s online experience is crucial for entrepreneurs working in the 21st century digital economy, as well as for the creative talent attracted to SXSW.  (45 minutes)

Stop the Cap! Investigates AT&T’s Justification for Internet Overcharging

AT&T's revenue is on the rise, especially from its broadband and wireless service divisions.

AT&T’s announcement that it is will impose usage limits on its DSL and U-verse (wireline) customers this May is just another case of overcharging consumers for Internet access.

Stop the Cap! has been reviewing AT&T’s financial reports looking for justification for imposing usage controls on the company’s customers.  Most providers who enact these kinds of pricing schemes claim they are about controlling heavy users, reducing congestion, and covering the costs to provide the service.

But after reviewing some of AT&T’s financial reports, the only explanation apparent for these limits is a quest for additional revenue and profits from subscribers.

AT&T continues to earn billions every quarter — $7 billion in the last three months alone — from its data products division, the vast majority of which comes from selling IP — Internet access — services to customers.  At the same time, the company continues to cut operations and support expenses, reducing its operating costs, and increasingly relies on its wireless and wireline divisions for the majority of the company’s revenue.

There is no evidence AT&T broadband usage costs are significantly impacting the company’s revenue in any way.  In fact, its U-verse platform, which can deliver higher speed, premium broadband service (at a correspondingly higher price) is actually delivering higher revenue from the “heavy users” the company is now complaining about.

In short, AT&T wants to reap the financial rewards of selling more costly, higher speed broadband service, but wants to limit customers’ use of those services.

We reviewed both the quarterly and annual results for AT&T’s wireline division and discovered what we routinely find true among every provider that wants to implement an Internet Overcharging scheme: the company wants to raise prices on broadband customers even as it enjoys ongoing cost reductions to manage broadband traffic and reduces the amount of investment made to manage it.

AT&T's own facts and figures tell the story of a company that has no need to slap usage limits on its broadband customers.

Some interesting facts from AT&T:

  • AT&T earns $5 billion (annualized revenue stream) from its U-verse platform;
  • AT&T saw 30 percent revenue growth from residential broadband alone;
  • 45 percent of AT&T’s revenue in wireline services comes from broadband/IP services;
  • In 2011, AT&T says it has a “focus on growth” — of revenue and profit, that is.  The company seeks increases in its “operating margins,” plans capital expenditures that will be focused on a “slight increase in wireless spending,” and ongoing cost-cutting where possible.

AT&T plans to continue to invest in U-verse expansion, critical for a company that is rapidly losing revenue from departing landline customers. In the 2010 Annual Report, AT&T noted the vast majority of cash used in investing activities went towards construction costs related to improved wireless network capacity, which is dramatically different than wired broadband service, and U-verse.  This does not cover ongoing expenses from providing the service.

It’s an important strategy for AT&T, which needs to replace revenue from lost landline customers:

We continue to lose access lines due to competitors (e.g., wireless, cable and VoIP providers) who can provide comparable services at lower prices because they are not subject to traditional telephone industry regulation (or the extent of regulation is in dispute), utilize different technologies, or promote a different business model (such as advertising based) and consequently have lower cost structures.

In response to these competitive pressures, for several years we have utilized a bundling strategy that rewards customers who consolidate their services (e.g., local and long-distance telephone, high-speed Internet, wireless and video) with us. We continue to focus on bundling wireline and wireless services, including combined packages of minutes and video service through our U-verse service and our relationships with satellite television providers. We will continue to develop innovative products that capitalize on our expanding fiber network.

Unfortunately, the benefits U-verse provides broadband users will be tempered by usage limits on it.

Considering AT&T’s U-verse pipeline is one giant broadband connection, the disturbing fact the company will not implement these overcharging schemes on its voice or video services cannot be ignored.  Only the broadband service, on which customers could entirely bypass AT&T’s TV and phone products for a competitor, is impacted.  The risk of that happening with the company’s usage cap is now diminished.

As Stop the Cap! has warned for nearly three years — this is the ultimate end run around Net Neutrality. Instead of actively blocking or throttling competing services, AT&T simply uses a usage limit to discourage customers from using the competitor, relying on unlimited AT&T TV and phone services instead.

AT&T's annual report illustrates the ongoing wireline losses attributable to departing landline customers.

But things are much brighter in the broadband division. Notice the increasing revenue.

U-verse represents a successful example of benefits earned when companies invest in their networks to provide improved service to customers.

But what happens when companies gradually reduce their expenses and investments in those networks? They try and make up the difference with an Internet Overcharging scheme that places limits on service to keep costs down and profits up.

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