Heritage Minister Mélanie Joly blunders through the dicey issue of Canadian content on Netflix in a press tour called “disastrous” by critics.

The arrival of Netflix Canada and its tens of thousands of alternative on-demand viewing choices has had defenders of Canadian culture up in arms ever since the American interloper showed up.

A little background:

For Canada, the dominance of their neighbor to the south has always presented a challenge to a country that fears having its cultural independence steamrolled and its official two-language experience watered down by an avalanche of English-language content. Canadian broadcasters and cable networks are governed by regulations that require they reserve at least 50% of their program schedule for Canadian content (the percentage varies slightly for the Canadian Broadcasting Corporation/Société Radio-Canada — Canada’s public broadcaster, and Canadian cable networks).

Because Canada is a much smaller media market than the United States, finding the money to produce enough high quality Canadian TV shows and movies has always been a challenge. Most recently, Canada’s telecom regulator, the Canadian Radio-television and Telecommunications Commission (CRTC) mandated that broadcasters spend 30% of their revenues on original Canadian content. As a result, many commercial networks and stations spend that money on cheap reality shows or news content to satisfy Canadian content requirements. While that fulfills the government mandate, it doesn’t always fulfill the demands of many Canadian viewers that prefer to watch something else.

Netflix’s streaming service in Canada competes directly with those broadcasters, as well as Canadian cable and phone company on-demand services, but is not subject to the same content laws because the 25-year old law governing broadcasting was written before there was the prospect of online streaming alternatives. In less than a decade Netflix has grown its original business renting DVD’s through the mail into a multi-billion dollar international streaming business that has deeper content acquisition pockets than any Canadian media entity.

The Liberal Party of Canada is trying to manage Canadian content rules now 25 years old, before the era of streaming video.

There is also a technology shift in play here. What exactly constitutes “media” is open to debate. Traditional broadcast media now competes with newly emerging, and largely unregulated digital social media (a-la Facebook, Twitter, etc.) and online over-the-top services (Netflix, Hulu, YouTube, etc.) Broadcasters are regulated in the public interest and have lived under that framework for decades. Upstart new media relies on an internet platform that has never been significantly regulated at all.

Efforts by the government and Canada’s creative community to get Netflix Canada to follow the Canadian content model has largely failed, and it seems unlikely Netflix will ever see itself tied down by content or language quotas. It flies in the face of Netflix’s marketing — giving customers unlimited access to the content they want to see, not what a bureaucrat in Montreal or Ottawa wants customers to see.

Netflix has hired some high-priced lobbyists to make sure their interests are represented before federal and provincial officials, and it has been a constant battle over the last two years as the service confronts content regulators, those upset about the service’s lack of French Canadian titles, and the desire by some of Canada’s political parties and provinces, Quebec notably, to subject Netflix to federal and provincial sales and value-added taxes (GST/HST).

The federal government, led by Prime Minister Justin Trudeau, has refused to impose these kinds of taxes on Netflix or other foreign-headquartered internet services, despite the fact many fellow members of the Liberal Party think it should. The Standing Committee on Canadian Heritage called for an internet tax last June, and content creator groups have lobbied the government hard to demand Netflix be required to substantially invest in homegrown Canadian productions envisioned, filmed, and produced by Canadians.

It has also the components you need to create a melodrama:

• a deep-pocketed and arrogant American corporation that made an inelegant entry into Canada and alienated the CRTC by refusing to disclose information to the regulator;
• a sense of an unfair playing field where Canadian companies face sales/use taxes while American companies like Netflix don’t;
• the ongoing fear among Canada’s Francophone community that their political and language sovereignty is under threat;
• the ongoing fear of Canadians that their cultural sovereignty will be washed away by an American cultural tsunami.

The Liberals’ Sacrificial Lamb: Canadian Heritage Minister Mélanie Joly’s Disaster Tour

Some Francophone tabloids in Quebec specialize is assaulting all-things-Liberal, especially Mélanie Joly.

Trudeau’s point person on the Netflix controversy in 2017 was Canadian Heritage Minister Mélanie Joly, who was swept into the political maelstrom during a cross-country tour to promote the government’s new Creative Canada cultural policy. By all accounts, it was an unmitigated disaster for the government.

Joly’s performance in Quebec — her home province where she serves as MP for the Ahuntsic-Cartierville riding in Montreal, managed what few thought possible — uniting critics from the province’s governing Liberals with the sovereigntist Parti Québécois and the left-wing party Québec Solidaire.

Mathieu Bock-Côté, writing in the Journal de Montréal, claimed Joly was guilty of “dereliction of duty.”

After Joly bizarrely asserted on Radio-Canada’s popular talk show Tout le monde en parle (“Everyone’s Talking About It”) that Vidéotron, Quebec’s largest cable operator with over 1.6 million subscribers was not a cable company, center-right tabloids Le Journal de Montréal and Le Journal de Québec, both specializing in attacking all-things-Trudeau, had a field day. One columnist labeled Joly “Mélangée Joly” ( All-mixed-up Joly). Her propensity to stick close to her index card talking points and repeat them over and over, regardless of the question asked, bemused columnist Richard Martineau, who wrote Joly sounded “like a living answering machine having a nervous breakdown.”

In Quebec, the debate over tax fairness shared the stage with concerns about how much attention Netflix will pay producing French Canadian content.

In hopes of assuaging concerns, Joly announced Ottawa would increase investment in the $349 million Canada Media Fund to make up for shortfalls from declining contributions based on decreasing revenue from Canadian cable operators. She also promised $125 million to promote Canadian productions abroad. Heads that first nodded in agreement over the announcement quickly froze after Joly also announced Netflix would be exempt from federal sales tax in return for a five-year commitment to invest $100 million annually in Canadian content and $25 million specifically for “market development” of French-language content, whatever that means.

The lack of any specific commitment on French language programming went over like a lead balloon and ignited a firestorm of criticism over the perception Joly was going to rely entirely on Netflix Canada to protect and manage francophone programming on its own terms.

“We are alarmed as Francophones because there is no guarantee that a part of this [$100 million annually] is going to francophone content,” said Gabriel Pelletier, head of the province’s producers’ union, the Association des réalisateurs et réalisatrices du Québec. “Cultural questions are definitely more sensitive and obvious in Quebec, but my colleagues in the rest of Canada have similar priorities. We need to be able to see ourselves and our own stories in cultural content. Our own distributors play by very strict rules, but here we are giving Netflix a red carpet and an open market. It could lead to the disintegration of our entire regulatory system, because Rogers and Bell might say ‘Why do we have to pay when Netflix doesn’t have to?”

Joly also made little headway defending the Liberal government’s sales tax policy exempting Netflix. Appearing on Cogeco-owned CHMP-FM in Montreal, Joly was questioned by center-right talk show host Paul Arcand over her claim the decision not to tax Netflix was based on the Liberals’ promise not to raise taxes.

“Tou.tv (Radio-Canada’s streaming film service] is taxed. Vidéotron’s Illico is taxed; we are not talking about adding a new tax, we’re talking about taxing a product thacrticismt already exists,” Arcand said. “Are you ready to remove the taxes for those two comparable [Canadian] companies?”

Joly did not specifically answer.

Cartoonists have been particularly vicious over the Netflix affair, portraying Joly as vapid or a camera-friendly tall, blond, 38-year old politician more style than substance. Some of her critics on the right — usually older middle-aged men, according to her defenders — ‘cross the line’ into sexism by repeatedly calling Joly “the majorette” — a reference to a baton twirling performer usually seen in marching bands during parades.

Despite the criticism, Joly rarely sat back and allowed those perceptions to go unchallenged.

A tradition among guests on Tout le monde en parle is to end their segment by reading aloud a card handed to them by a producer that succinctly summarizes their position. Viewers understand the words are written by the producer and not the guest, but Joly unilaterally decided to change her card. The original said, “It’s amazing that with all the digital media available, our politicians have stayed faithful to the cassette.” Joly replaced the word “cassette” with the word “innovation.”

Dany Turcotte, the show’s co-producer tasked with creating the cards, was not happy with Joly’s change.

“When someone changes the meaning of my cards, ça me met en t****,” using an expression that roughly translates to “that makes me f***ing angry.”

The NDP vs. the Liberals

After the embarrassing press tour ended, the issue went back on simmer mode until Feb. 5, when an opposition members of the NDP brought the issue forward once again during the House of Commons Question Time, where members can directly question the Prime Minister Justin Trudeau.

Julian

“The government seems more than happy to let web giants continue to make huge profits without contributing to the Canadian economy,” said MP Peter Julian (NDP-New Westminster/Burnaby, B.C.). “While the rest of the world is trying to make these companies pay, the Liberals are doing the opposite. They are making deals with Netflix and other companies, and offering massive tax breaks. Canadians pay their taxes and expect companies to do the same. When will the Liberals start making web giants pay their fair share?”

“Mr. Speaker, the NDP is proposing to raise taxes on the middle class, which is something we promised we would not do and have not done,” responded Prime Minister Trudeau. “We explicitly promised in the 2015 election campaign that we would not be raising taxes on Netflix. People may remember Stephen Harper’s attack ads on that. They were false. We actually moved forward in demonstrating that we were not going to raise taxes on consumers, who pay enough for their internet at home.”

“Mr. Speaker, is it fair that Netflix, Facebook, and other web giants have to pay neither sales nor income tax whereas Canadian companies in the same sector do?” followed up MP Guy Caron (NDP-Rimouski-Neigette/Témiscouata/Les Basques, Que.) “Around the world, other countries are trying to make sure that these web giants pay their fair share. Australia and the European Union are excellent examples. After all, it is those giants that are going to monopolize the advertising market and suck the lifeblood out of our print media. They are also responsible for the challenges facing print media. Instead of reining in the web giants and ensuring a level playing field for everyone, the Liberals want to make this preferential treatment official. When will the Liberals show some backbone and level the playing field?”

Trudeau

“Mr. Speaker, we are not going to raise taxes on Canadians. That is what the NDP is asking us to do,” responded Trudeau. “We recognize that the media environment and television viewing and production are changing rapidly. That is why we reached out and got Netflix to make historic investments in our content creators here in Quebec and Canada, to help them succeed in this changing universe. We have a great deal of confidence in our creators; the approach we have chose is a testament to that.”

In a later exchange, the issue of Netflix and taxation was debated by MP Pierre-Luc Dusseault (NDP-Sherbrooke, Que.) and Sean Casey, the Parliamentary Secretary to the Minister of Canadian Heritage:

Dusseault: My question primarily has to do with the Netflix agreement. Everyone is starting to understand how this agreement gives Netflix a tax advantage over its competitors. I want to follow up on this issue and on the government’s completely twisted logic. Last week, the government kept spouting the same empty rhetoric to explain why it decided to give Netflix a tax holiday. This tax holiday was granted in exchange for an investment, but there is no guarantee of this investment. Netflix is getting a tax holiday in exchange for the infamous agreement presented by the Minister of Canadian Heritage. This is what I would like to talk about today.

The government gave a foreign company a tax break for doing business in Canada without having to abide by same tax rules as its competitors. This company is doing business with Canadian consumers. When it sells a product to consumers in Canada, it does not have to charge GST or federal sales tax because the government is allowing this situation to continue. The government is allowing a company to sell a product, in this case a subscription to Netflix, without charging consumers any GST.

According to the government and its twisted logic, this is not a problem because that is just how things work. That is the government’s reason for not forcing Netflix to charge GST. It is possible to make Netflix charge sales tax because several other countries have already done so. Although Netflix is an American company that operates all over the world, it pays sales tax in some countries. Most countries actually have taxes associated with the sale of goods and services.

Dusseault

Canada can make Netflix charge sales tax. It is possible. The argument that the government cannot do this does not hold water. In fact, the government is not even using that argument. In the beginning, the Minister of Canadian Heritage said that it was too complicated and that it would require an international agreement to make Netflix charge sales tax. That is completely untrue.

Now the government’s argument is that it does not want to impose a new tax on consumers. Based on the government’s twisted logic, the GST is a new tax. This is like telling huge multinationals like Target or Walmart that when they come to Canada to sell their goods and services, they will not have to charge their customers GST at the checkout because that would be a new tax. This is like telling a new company that sets up shop in Canada that we cannot ask it to charge GST because that would be a new tax, and Canadians cannot afford any new taxes. That is the logic the Liberals are using today. In other words, they are saying that a foreign company or multinational that has a physical presence in Canada does not have to charge GST, although the store next door does.

Can my colleague explain how the government came up with this logic? How is the GST a new tax for businesses?

Casey: Mr. Speaker, I would like to thank my honorable colleague from Sherbrooke for giving us a chance to talk about the many benefits of the agreement with Netflix.This government strongly believes that the establishment of a new Canadian business in the film and television production sector by Netflix is wonderful news for Canadian creators and producers, and ultimately for our cultural industries as a whole.

The approval of this significant investment in Canada under the Investment Canada Act is yet another indication of our government’s strong commitment to growing Canada’s creative industries, with new investments that create more opportunities for creators and producers across the country. In fact, this major investment of a minimum of $500 million over the next five years on original productions in Canada will provide them with even greater access to financing, business partners, and ultimately new ways to connect with audiences across the globe.

Casey

Such an unprecedented investment by a digital platform in Canada, a first of its kind for Netflix outside of the United States, is yet another confirmation to the world that Canada is a great place to invest, attesting to the creative talent of this country and the strong track record of our cultural industries in creating films and television productions that really stand out.

It is important to make a distinction between the cultural activities of Netflix Canada, which has committed to investing a minimum of $500 million Canadian in the production of Canadian-made films and television series, with the activities of its U.S.-based video streaming service. These are in fact two separate kinds of cultural activities.

It is also important to reiterate that all businesses, including those involved in television and film production that set up and operate in Canada, must abide by the Canadian tax system, which includes GST. Given that Netflix Canada plans to operate a production company in Canada, it will have to comply with all GST-related rules, which could apply to its production activities in Canada.

Lastly I would like to point out that Netflix announced last week that it has acquired the award-winning Canadian film, Les Affamés, written and directed by Robin Aubert, one of the most unique voices in Quebec’s cinema, to be made available on the international market as early as this coming March. This represents the first of many Canadian films and television series to be acquired or produced by Netflix Canada as a result of its significant investment announced last fall.

Dusseault: Mr. Speaker, I know the parliamentary secretary is trying to draw a distinction between Netflix Canada and Netflix USA. I know the two are different. However, he avoided answering my question about Netflix USA subscriptions that are not subject to GST. That was probably intentional, so I would like him to comment on this specific issue. Netflix USA sells a product to Canadian consumers and, unlike its competitors, does not have to collect GST.

Can my colleague, the parliamentary secretary, explain to me why a foreign company is exempt from the tax rules that apply to Canadian businesses? Why are Canadian consumers not paying tax on Netflix subscriptions?

Casey: Mr. Speaker, Netflix Canada created a new film and television production company. This is great news for Canadian creators and producers. Once again, over the next five years, Netflix will invest a minimum of $500 million Canadian in original productions produced in Canada in English and in French for distribution on Netflix’s global platform.

Caron

Let us not forget that Netflix already has a strong track record of investing in Canadian producers and content, with recent examples including Anne and Alias Grace with the CBC, Travelers with Showcase, and Frontier with Discovery.

We believe that this significant investment in Canada demonstrates that Netflix is committed to continuing to be a meaningful partner in supporting Canadian creators, producers, and the Canadian creative expression.

A day later, Caron was ready to follow up with the Prime Minister.

“Mr. Speaker, when we ask him why web giants like Netflix and Facebook do not have to charge sales tax even though their Canadian competitors do, the Prime Minister says that he promised not to raise taxes for the middle class. We are talking about a tax that already exists, sales tax. We want fairness in the industry. It is unacceptable that the Prime Minister does not have the courage to ask web giants to pay their fair share. When will the Prime Minister understand that and insist on fair treatment for the entire industry?”

“Mr. Speaker, once again, as the NDP has said, web giants must pay their fair share,” responded Trudeau. “It is not web giants that the NDP wants to charge, it is taxpayers. The New Democrats want to make taxpayers pay more taxes. They want Canadians, Quebec and Canadian taxpayers, to pay more taxes for their online services. We, on this side of the House, promised not to raise taxes for taxpayers, and we are going to stand by that promise. If the New Democrats want to raise taxes for Canadians, they should say so instead of hiding behind talk of big corporations.”

“Mr. Speaker, he does not get it,” retorted Caron. “We are not talking about a new tax; we are talking about a tax that already exists and must be collected by Canadian competitors. He needs to follow the example of France, Australia, and many American states that have decided to make these web giants pay. Even here at home, the whole province of Quebec wants to do the same. Imposing on Bombardier a sales tax that is not required of Boeing would be unthinkable, so why do it in the online sector? Not only is the Prime Minister trying to justify these tax breaks, but he is going even further by making deals with those companies. When will the Liberals stop getting into bed with these web giants?”

“Mr. Speaker, once again, the New Democrats are misleading Canadians,” replied Trudeau. “They are talking about making web giants pay their fair share. It is not the web giants they want to pay more in taxes; it is taxpayers. We made a commitment to taxpayers that they would not have to pay more for their online services. We on this side of the House plan to keep that promise.”

Trudeau Settles the Matter… for Some

The issue of Netflix, taxation, and to some extent Canadian content has apparently resonated with the NDP, as their members return to press the issue with the Liberals again and again. But Trudeau’s steadfast response has made it clear his government intends to bury the issue once and for all.

In a sense, both sides are right. Canadian content regulations and protections for Canadian culture and the francophone community in Canada are at risk of being diluted by an onslaught of cord-cutting and new online streaming services that do not always recognize the sensitivity of these issues for many Canadians. As viewers gain new choices, especially those not subject to regulatory oversight, the dominance of American streaming services will be even more apparent than the dominance of Hollywood and American network television. Netflix is not in the business to cater to Canadian content quotas and likely never will unless the government mandates it.

French language content on Netflix will largely come from European producers and networks in France and to a lesser degree Belgium and Switzerland.

But Netflix’s enormous budget for content development does open the door to opportunities for Canadian productions with budgets Canadian networks like CBC, CTV, Global, TVA, and Radio-Canada can only dream about. Quality should trump quotas, and may the best productions win.

Canadian telecom companies have a pervasive presence in all forms of Canadian entertainment. Bell (Canada) owns Bell Media, which in turn owns CTV – Canada’s largest privately owned commercial network. City, which has network affiliates in Canada’s largest cities, is owned by Rogers, Canada’s largest cable operator (Rogers also owns Omni Television, a multicultural network). Global is owned by Corus Entertainment, which in turn is controlled substantially by Shaw Communications, western Canada’s largest cable operator. Canadian cable and telco-TV providers run their own streaming services which are subject to sales taxes, while foreign streaming companies like Netflix are not. There is a case to be made for a lack of a level-playing field.

But Prime Minister Trudeau is also correct stating that any new taxes imposed on Netflix Canada or other new entrants would immediately be passed on to subscribers and raise the price of internet services. The Liberals’ platform during the last election insisted that the party wanted universal access to affordable broadband service for all Canadians and no taxes on Netflix. For many consumers, the price of content and the price of access are essentially the same thing.

Netflix has thrown a “token” $500 million at the problem in hopes of placating its Canadian critics. It may be enough to satisfy Vancouver and Toronto, where many series and movies are filmed, and it certainly has “resolved” the matter for the Liberal government of Mr. Trudeau, but it seems unlikely to soothe the concerns of Quebec and its vocal and proud francophone community. Quebec could move forward and impose a provincial sales tax on Netflix at any time, and will likely continue to pose a challenge to Netflix Canada until the company seems more sensitive to the concerns raised in many quarters in Montreal, Quebec City, and beyond. The creative community of French Canada can deliver some excellent productions, so long as Anglophiles are willing to read subtitles. Netflix may have to spend more money to make certain those types of shows turn up on the service in the not too distant future.

Spectrum markets where gigabit speed is already available.

Charter Communications is accelerating the deployment of the next generation cable broadband standard DOCSIS 3.1 so that it can offer almost every customer gigabit download speed by the end of this year.

“We plan to be 1 Gbps everywhere and marketing 1 Gbps everywhere this year, which is [also includes] taking up a significant portion of our business to minimum speeds of 200 Mbps at the same price we were charging for 60 Mbps a year ago,” said Thomas Rutledge, CEO of Charter Communications, on a Feb. 2 investor conference call. “And we plan to do that as quickly as we can, but because of the all-digital rollout and some of the other operational issues we have, we haven’t fully planned out [200 Mbps speed for] the whole country yet.”

Charter’s biggest challenge is expected to be swapping legacy modems inadequate for the task of delivering 200 Mbps and higher speeds to residential customers. Many Charter customers are still using modems originally provided by Time Warner Cable and Bright House Networks, generally considered adequate for supporting top speeds only between 50-100 Mbps. But Charter is planning to offer faster internet speeds to position itself as a viable broadband competitor in markets where fiber competitors have poached subscribers and the future threat of 5G speeds up to 1 Gbps are on the horizon. That could require a substantial modem exchange program, especially in cities that were never upgraded to Time Warner Cable Maxx before Charter acquired Time Warner Cable.

Charter’s migration for Time Warner Cable/Bright House customers continues, while Charter Legacy markets stall

In 2017, Charter intentionally focused most of its time and money integrating its acquired Time Warner Cable and Bright House Networks customers into Charter’s billing, provisioning, service, and retention systems. This came, Rutledge admitted, at the expense of long-time Charter customers who saw new product launches and upgrades delayed because of the ongoing integration effort.

It will take until 2019 to fully integrate all of Charter’s customers onto a single platform that will no longer distinguish if a customer was a long-standing Charter customer or a former TWC or BH subscriber.

Customers willing to abandon their legacy Time Warner Cable or Bright House plans in favor of a Spectrum plan are also dragging their feet. As of the end of 2017, 51% of TWC and Bright House customers were still sticking with their original plan, refusing to switch to Spectrum pricing and packaging. As customers face Spectrum’s new plans, some are canceling service. Time Warner Cable residential video customers dropped by 2.5% over 2017. Charter Legacy customers dropped by 1%, while legacy Bright House customers declined by 0.5%.

Legacy Charter areas saw subscribers running out of patience. The company lost 10,000 video customers in the last quarter versus a gain of 20,000 customers a year ago. Company officials blame the complications associated with absorbing millions of acquired customers for the results.

“In 2016 and 2017, we delayed a number of new product launches through the integration, particularly at legacy Charter within our fundamental structured operating model and business rules now in place, we will more aggressively launch new products nationwide,” said Rutledge.

Charter is also spending a considerable amount of its financial resources buying back its stock. During the fourth quarter, Charter accelerated its buyback program repurchasing 13.5 million shares in Charter Holdings stock totaling $4.7 billion at an average price of $347 per share. For all of 2017, Charter bought back $13.2 billion worth of its own stock.

Digital television conversions drag on…

Charter did not restart its digital television conversion program until June of 2017, and 30% of Time Warner Cable and 50% of Bright House Networks customers are still watching analog cable television as a result. Company officials promise digital conversion will be completed nationwide by the end of this year, the first step the company will take to make dramatic broadband speed increases possible.

“Our video products in those markets will improve,” Rutledge said. “Internet speeds will increase further and all-digital will drive more efficient operations in the field including electronic disconnects, self-installation and a reduction of unauthorized connections.”

Among the most significant improvements is the introduction of the Worldbox set-top box, which will be available nationwide by the end of 2018, but generally only to new video customers. The new box runs faster and is less expensive than the traditional set-top box, and better integrates on-demand and streaming video services.

Worldbox will also highlight Spectrum’s new Spectrum Guide, an improved on-screen program guide and content portal. The new guide will also include support for third-party streaming services like Netflix.

Charter has also begun to deploy an improved Wi-Fi router known as Wave 2, which claims to offer faster speeds and better signals throughout a customer’s home. Availability is reportedly spotty, but improving.

Most Netflix customers in the U.S. will be paying $1-2 more a month to the online streaming service starting in November.

Mashable reports Netflix is raising prices on its Standard plan (currently $9.99/mo) by $1 and those on its Premium plan (now $11.99) will pay $2 more a month. The basic $7.99 plan remains unchanged for now.

“From time to time, Netflix plans and pricing are adjusted as we add more exclusive TV shows and movies, introduce new product features and improve the overall Netflix experience to help members find something great to watch even faster,” Netflix said in a statement.

Most of the extra money will likely be spent on content creation and acquisition for subscribers. Netflix is expected to spend $7 billion on content in 2018.

Netflix plans are differentiated based on video quality and the number of concurrent streams. Here are the respective features of each plan. Customers and downgrade or upgrade at any time.

Prices reflected are prior to the impending rate increase.

The last Netflix rate increase was announced in 2014, but did not take full effect for all customers until 2016.

John Legere, CEO of T-Mobile USA

T-Mobile ONE family plans now come with a free subscription to Netflix, the wireless carrier announced today.

“Now, the Un-carrier is going ALL IN on unlimited by adding Netflix — the world’s leading entertainment service — to T-Mobile ONE family plans,” T-Mobile said in a press release. “Which means anyone with two or more qualifying T-Mobile ONE lines can get Netflix On Us. And T-Mobile ONE with unlimited everything — and now with Netflix included — is still just $40 per line for a family of four. As always, monthly taxes and fees are included.”

“The future of mobile entertainment is not about bolting a satellite dish to the side of your house or resuscitating faded 90’s dotcoms. The future is mobile, over-the-top and unlimited,” said John Legere, president and CEO of T-Mobile. “While the carriers spend billions on their franken-strategies to cobble together carrier–cable–content mashups, the Un-carrier just leapfrogged them all by partnering with the best and giving it to customers at no extra charge. Because that’s what we always do. Give more to you without asking more from you.”

T-Mobile claimed the move to incorporate Netflix into its included services is part of a new campaign to further irritate AT&T and Verizon Wireless. Both of the larger carriers have been making acquisitions of content companies with the hope you will boost your mobile bill by bundling services like Go90 and DirecTV Now into your package. By giving away Netflix free to qualified customers, T-Mobile can argue its package remains a much better value and its network can handle the added streaming video load.

“Carrier bundles are almost always a combination of something you want and something you don’t … all in an effort to jack up your monthly bill even more,” T-Mobile argued. “Worse, carrier bundles are usually designed to explode after the “introductory promo” runs out, and customers are stuck paying hundreds more each year. T-Mobile’s strategy couldn’t be any more different. The Un-carrier sees an opportunity to do mobile entertainment right for today’s families … to give you something you want together with something else you want – but at no extra cost.”

The details:

Starting Tuesday, September 12th, qualifying T-Mobile ONE customers can activate their Netflix subscription online, in-store or by calling T-Mobile’s customer care. If you already have a Netflix subscription, T-Mobile will cover the cost of a standard subscription for you — meaning you’ll save nearly $120 every year. To qualify, all you need are two or more paid voice lines on T-Mobile ONE. Customers with free lines from T-Mobile’s “line-on-us” deals also qualify. Customers on Unlimited 55+ or 2 lines for $100 can get Netflix On Us by switching to the latest T-Mobile ONE plan. T-Mobile ONE families who get Netflix On Us will also get T-Mobile’s Family Allowances at no extra charge. Family Allowances allow parents to manage their kids’ phone usage — like setting guidelines for talk time, text messages, download times and which numbers their kids can contact.

John Legere, CEO of T-Mobile USA, introduces Netflix on Us and roasts his competitors AT&T and Verizon Wireless. (6:10)

Mid-Rivers Communications, a Montana-based telecom co-op, wants everyone to believe their mandatory, usage-based broadband scheme that charges $19.95 a month + $0.20 per gigabyte is popular with their customers.

After the company noticed that fewer than 20% of customers were responsible for more than 90% of Mid-Rivers’ network traffic, it decided to ditch its traditional usage-capped, speed tier plans in favor of a compulsory usage-based billing scheme that included the maximum speed available, sometimes as high as 1Gbps, with no usage allowance.

To listen to Michael Candelaria, Mid-Rivers CEO and general manager, people have lined up at the doors just waiting to sign up, according to an interview published by Telecompetitor:

Initially the company tested usage-based pricing as an option in one CLEC market. But considering that 80% of customers opted for usage-based pricing within one year of its introduction, Mid-Rivers moved completely to usage-based pricing and launched it throughout all four CLEC markets.

Mid-Rivers has been particularly proud of the response it has received from local businesses. Candelaria noted that local hotels have seen occupancy drop after the area experienced an oil-related boom, followed by a bust. Nearly-empty hotels were paying $500 to $1,000 a month for high-bandwidth connections from competitors but only using a fraction of the capacity. The Mid-Rivers usage-based broadband offering was perfect for them.

During certain months, the hotels’ bills are dramatically lower than they were before.

“When the hotel is full, their bill goes up and they know why,” Candelaria said.

Meanwhile, as businesses that were not Mid-Rivers customers heard about the usage-based offering, “they came to us” after “we beat on their door for 20 years,” he noted.

But as news of the interview spread, it seems more than a few customers are not happy with Mid-Rivers’ new broadband pricing, and accused the company of propagandizing its usage based pricing scheme and censoring social media to suppress customer backlash.

Candelaria admitted the company used to take a lot of heat from customers that called up and asked for the cheapest internet plan available, which was $40 a month for 1.5Mbps service. At those speeds and prices, customer slammed the company’s Facebook page.

“This is where Candelaria time traveled a bit on his answer,” reflects Dan Corey, a customer rebutting Candelaria’s case. “Before the usage-based internet [plans], the tiers Mid-Rivers [offered] were 8, 12, and up to 50Mbps. There has not been a 1.5Mbps speed at Mid-Rivers for years.”

These days, Candelaria claims, complaints about speed and pricing are mostly gone.

“Of course they are gone,” responds customers J.P. and Kyle Jones, who jointly shared their feelings with Stop the Cap! “Mid-Rivers now censors their social media after taking a lot of heat so complaints are never publicly seen on their Facebook page.”

“Mid-Rivers must approve any comments made on their Facebook page, so 90% of the complaints are never seen unless Mid-Rivers has a full (even if not accurate) response ready to post along with it,” adds Corey. “No dissatisfied customers would know of others because of the control. Their Facebook page used to show all comments when posted, but that changed once they got a better understanding of how to control the flow of comments.”

Jones points out that the reason “80% of customers opted for usage-based pricing” is that any account change automatically forced the customer onto a usage-based pricing plan whether they wanted it or not. Most customers, including himself, do not want data caps or usage pricing, but he didn’t get a choice in the end.

“Put yourself in the shoes of a customer that used to be enrolled in Mid-Rivers’ Preferred Plan, which cost $59.95 a month and includes 600GB of usage at 12/1Mbps speeds,” writes J.P. “People don’t live in Montana for the social life so we spend a lot of time streaming video at home. Under Mid-Rivers’ new plan, if I used 500GB a month, I’d pay $20 for the account and $100 in usage charges — double what I paid a month earlier just for faster speed I could have paid more to get if I wanted or needed it. How many people do you think are enthusiastically waiting to pay double what they used to for internet?”

Mid-Rivers new usage-based plan.

For Candelaria, “Wide Open Wi-Fi”  is about selling fast internet access for less, and customers should only pay for what they use.

“People have been paying for utilities by usage for some time,” he told Telecompetitor. “Customers don’t tally up how much electricity they use and then order a 30-kilowatt plan and they don’t count how many showers they take to determine what kind of water plan they need. Why should the internet be any different? Everybody should have good internet. It doesn’t matter if you’re rich, poor, you should be able to afford fast internet.”

Customers like J.P. agree with wanting fast and affordable internet, but argue this isn’t that. Where available, “Wide Open Wi-Fi” quickly becomes the only option Mid-Rivers offers, he claims.

“The reason for the [high] ‘take rates’ is that if you attempt to change or upgrade service, you are forced onto the usage-based service,” adds Corey. “There is no choice, so the take rates are very misleading. Customer satisfaction would increase for those that don’t use the service as of now. However, with more and more of the world going to internet, those customers will feel the squeeze soon enough.”

For customers that avoid calling Mid-Rivers and keep their heads down to keep their current plan, that doesn’t stop the company from eventually notifying customers their plan was changing whether they liked it or not.

Mid-Rivers older tiered plans.

“You will be ‘offered’ the Wide Open internet shortly I’m sure. Just like we in the cable modem towns were,” noted BigSkyGuy. “However, once not enough people switch to it, or it’s been some pre-determined amount of time, you’ll be forced onto it like the rest of us. Then you can enjoy the larger bills. Just like your forced router unfortunately.”

Mid-River sells its “Wide Open” service as a great way to get rid of data caps and tiered plans, and includes a free Wi-Fi router:

• Virtually unrestricted speeds
• Connected Home Wi-Fi included!
• No more tiered plans! You automatically get the fastest speed!
• No more data caps
• Pay for only what you use
• Your speed and experience will be greatly enhanced
• Your perfect plan – whether you need the fastest speeds or the most affordable option
• You as the customer will have control over your Internet bill*

That asterisk points to fine print that explains for $19.95 a month, you get no data allowance. You are billed $0.20 per gigabyte in one gigabyte increments. Don’t like the high bill that results?

“Your bill can be controlled by monitoring how much data you are using, use less and your bill will decrease,” the company explains.

But for most internet users, using less isn’t an easy option, especially as cord-cutting shifts more viewing towards the internet. Once Netflix, Hulu and similar services detect the faster speeds available on Mid-Rivers’ metered plan, their players increase video bandwidth to match available speed unless the customer intervenes. If they don’t, streaming can get very expensive.

“I have been hit with that Wide Open internet scam […] and unless you change your settings in [Netflix, Hulu, CBS, etc.] it’ll run you up to 7GB an hour, especially when it reads that speed setting from the Wide Open. In essence, Mid-Rivers is making you pay $1.40 per hour of Netflix,” writes BigSkyGuy. “Now granted, you can go in and change your settings, but how many people really know you can do that?”

The meter is lurking.

Candelaria argues the majority of Mid-Rivers customers use less than 100GB a month and their bill is less than $40, which is nearly $5 less than Mid-Rivers’ cheapest plan at $44.95, which includes a 300GB data allowance. He also claimed ‘the change to usage-based broadband has increased customer satisfaction and take rates – and while margins initially dropped, profitability was back to its previous level within six months.’

To accomplish that, either the company has signed up more new customers under the plan than it expected or usage charges from heavier users are covering the lost revenue. For Candelaria’s statement to remain true, “most customers” would have to use less than 100GB of usage a month for their bill to remain under $40. Lighter use customers may benefit from the faster speeds and continue to pay less as long as their usage stays at or near 100GB a month. But as average internet use continues to increase, so will customers’ bills.

Jones says the news isn’t all good for Montana businesses either.

“In areas where Charter/Spectrum offers business internet service, their bills are a fraction of what Mid-Rivers is charging if that business tends to run up a lot of usage, and there are no surprise bills from Mid-Rivers’ traffic charges,” Jones notes. “The problem is that Mid-Rivers is charging sky-high usage fees of $0.20/GB while other ISPs pay at most pennies per gigabyte. In fact, most ISPs buy bandwidth based on meeting demand during peak usage times, not traffic alone. During off-peak times, using your connection costs Mid-Rivers next to nothing, but Mid-Rivers keeps charging $0.20/GB day and night.”

BigSkyGuy notes other ISPs in the area are offering customers a better value proposition with flat-rate internet that will quickly be the envy of many Montanans facing future Mid-Rivers’ usage charges:

• RTC/Reservation Telephone Cooperative: (100/100Mbps) UNLIMITED DATA $55/month
• Midco/Midcontinent Communications: (75/5Mbps) UNLIMITED DATA $56/month or (25/3Mbps) UNLIMITED DATA $42/month
• Nemont: (10/10Mbps) UNLIMITED DATA $71/month