Charter Communications has petitioned the FCC for permission to impose DATA CAPS on customers at least two years before the FCC’s prohibition on caps — a key condition imposed on the cable company in return for approval of its 2016 merger with Time Warner Cable and Bright House Networks — is scheduled to expire.

In 2016, the FCC told Spectrum its merger was NOT in the public interest without requiring some changes and conditions that would benefit you as a Spectrum customer. Because the FCC recognized that competition was uncommon in the cable industry, it knew there would be a temptation after a merger to slap data caps on internet customers for no good reason, other than the fact the company could. In fact, data caps have long been discussed as a deterrent to keep customers from dropping cable TV subscriptions in favor of streaming video. Why? Because if you stream TV programming from Netflix, Hulu, YouTube TV, Sling, and others, that data usage would quickly eat up any data allowances Spectrum would include with its data cap. Most companies with data caps make sure you pay dearly if you go over your allowance. The de facto standard overlimit fee is $10 for each 50 GB of usage, up to a maximum ranging between $100-200 a month! That kind of bill shock would likely push you back to cable TV.

The FCC hoped that a seven-year ban on Spectrum imposing data caps would give competition a chance to develop, and not just with streaming video. In fact, the FCC argued newly arriving cable operators, fiber to the home providers, and 5G services could probably create so much competition, data caps would likely disappear. Unfortunately, consumers have seen little competition emerge in the last four years. In fact, many still have only one choice — a cable monopoly — for internet service that meets the FCC’s minimum speed (25 Mbps) to qualify as broadband. DSL from the phone company rarely provides the speed available from your local cable operator. Fiber to the home competition is growing in some areas, but many homes still lack access. Although there has been much hype in the media about 5G, robust and fast wireless home internet will only be available in a fraction of homes for years to come.

Despite this reality, Charter is asking the FCC to let the ban on data caps expire two years early, which means they could slap data caps on customers just like you by next spring. Charter argues there are lots of streaming services now competing for your business, so there is no evidence Spectrum is hurting the marketplace for streaming television. Therefore, there is no need to protect consumers from data caps.

We argue several points in response:

Since this graphic was created, Time Warner was sold to AT&T and CBS and Viacom have merged.

Most large streaming video providers are owned by giant satellite, cable and telephone companies (Comcast’s Peacock, AT&T’s TV/TV Now and HBO Max, Dish Network’s Sling TV), giant TV conglomerates (ABC-Disney’s Hulu/Disney +, CBS-Viacom’s All Access), or tech companies (Apple TV, YouTube TV). Netflix has raised prices for its service, in part because it has been pushed to pay cable companies like Comcast “interconnection fees” to guarantee Comcast customers will get suitable service. Most streaming services not affiliated with telecom companies have opposed data caps all along, understanding they can be anticompetitive and hurt subscriber numbers.

What competition? Charter Spectrum customers likely still have the same competitive options they had in 2016, if any, which is not enough. Imposing data caps on home broadband service illustrates that lack of competition in action. Comcast has avoided imposing data caps on its customers in the more competitive northeast and mid-Atlantic regions, where it faces Verizon’s FiOS service, which does not have data caps.

Charter asked for and was granted approval of a merger consumers did not need or want. Charter voluntarily agreed to the FCC’s conditions to close the deal. A deal is a deal, but Charter now wants to walk away. The company is spending thousands on its attorneys to free itself from the FCC’s data cap ban while claiming they have no plans to implement data caps. Do you honestly believe them?

Consumers hate data caps. In fact, just having data caps on internet service can undermine a provider’s marketing and ad campaigns and make signing up new customers difficult. Companies with data caps lose more customers than those that don’t because customers switch if a new cap-free competitor comes to town. Just dealing with implementing complicated usage meters and upset customers complaining about their accuracy costs more than any revenue companies earn from overlimit fees. Remarkably, those are not just the views of Stop the Cap! Charter itself told the FCC those were just some reasons there was a strong business case against implementing data caps. Now it is asking the FCC for permission to impose data caps despite all that!

Monroe County Legislator Rachel Barnhart has teamed up with Stop the Cap! to fight Charter’s request to allow it to data cap customers.

Data caps do not protect broadband networks from congestion, and they are not about equitably sharing internet capacity. The ongoing pandemic just proved that big cable and phone companies have existing broadband networks more than capable of handling a large spike in network traffic. Reasonable, cost-effective upgrades will continue that success story for years to come with no need for arbitrary data caps. Make no mistake. Data caps are just another way telecom companies can monetize your usage to increase their already fat profits.

What can you do?

Until July 22, 2020, you can send a comment directly to the FCC urging them NOT to allow Charter’s request to sunset merger deal conditions early. Monroe County (N.Y.) legislator Rachel Barnhart and Stop the Cap! have teamed up to push this message through to Spectrum customers everywhere. We need to put the FCC on notice it must leave well enough alone and allow the deal conditions to remain in place. We also want to send a clear message to executives at Charter that customers do not want data caps… ever. It’s a message Stop the Cap! successfully delivered in 2009 to the top leadership of Time Warner Cable, and they listened. It’s now time to send another message to the folks at Charter. We sincerely hope they will listen too.

Here is a sample letter, which we urge you to adjust to reflect your own views and circumstances before submitting:

To Whom It May Concern:

Please reject Charter’s request to sunset the deal conditions it agreed to as part of its merger with Time Warner Cable and Bright House Networks.

A deal is a deal, and Charter agreed not to impose data caps on its customers for at least seven years. It now wants that prohibition lifted two years early, arguing competition has flourished over the last four years. In fact, little has changed for us. Competition has not flourished. We still do not have choices for broadband service and although there are more streaming video providers, most are owned by large cable, satellite, and phone companies or giant media conglomerates. Data caps will make me reconsider using these services because I cannot afford an even higher internet bill.

Competition is supposed to bring pricing down in a healthy marketplace. But my bill is only going up. What kind of company would ask for permission to slap usage limits on customers in the middle of a pandemic, after telling everyone their networks were more than robust enough to handle increased stay-at-home usage? The answer is a company that faces little competition and has no fear a competitor will use this request against them. Internet affordability is already an enormous problem, and data caps just make internet service even more expensive. We already pay among the highest prices in the world for service.

My family did not ask for this merger, and the FCC in 2016 determined it was not in the public interest to approve it without imposing a handful of conditions to allow consumers to benefit from the transaction. The FCC should insist Charter be true to its word and not impose data caps. Charter told the FCC in 2016 it had an “aversion to data caps, stating that instead of enforcing usage limits it chooses to market the absence of data caps as a competitive advantage” and that “there is a strong business case for not implementing caps” and that caps “undermined” its marketing messaging. Was Charter being honest with the FCC in 2016? Their current request for permission to lift data caps seems to ignore the positions Charter itself took with the FCC just a few years ago.

We urge you to deny Charter’s petition, which will allow Charter to continue making plenty of money from the sale of unlimited internet access and continue honoring its advertising commitments to sell internet service “with no data caps” as it does now.

To submit your comments on this issue:

First, click this link to be taken to the FCC website.

Second, click the link on the left sidebar marked “+Express” as circled below:

Third, fill out the form as completely as possible, and leave your comments in the “brief comments” box at the bottom.

You can also mail your written comments:

Mail TWO COPIES of your written comments, which should open with the greeting “Dear Secretary Dortch,” and close with your signature to this address:

Ms. Marlene H. Dortch
Office of the Secretary
Federal Communications Commission
445 12th Street SW
Washington, DC 20554

AT&T has announced it will continue offering unlimited internet to all wired residential customers, with no overlimit fees, through Sept. 30:

“You’ve got a lot of things on your mind right now, so we’re going to help carry the load by continuing to waive home internet data overage charges for AT&T Internet customers through September 30. That means new and existing AT&T Fiber and AT&T Internet customers can continue to video conference, binge shows and movies, play video games, etc., and won’t see overage charges on their home internet bill.”

AT&T had usage capped its wired home internet customers at different levels, depending on the grade of service:

These usage caps are on hold until Sept. 30. Customers will not incur overlimit fees until after that date.

Cox will return to data capping its broadband customers on Wednesday, July 1 but with a bigger usage allowance from now on.

Most Cox customers now face a data cap of 1 TB (1,000 GB) per month. Starting this week, Cox will raise the allowance 25% to 1.25 TB.

“Since the start of the pandemic we provided unlimited data to all customers because we did not know the impact that learn and work from home might have on our customers,” Cox said in an email to Light Reading. “After reviewing data consumption since the coronavirus crisis, we know that nearly 90 percent of customers would not have been charged for going over their 1 TB data plan.”

The other 10% of customers would find at least a $10 additional charge on their bill for an additional allotment of 50 GB of data usage, and another $10 for each additional block of 50 GB. Data caps and overlimit fees are arbitrary and do not reflect the actual cost an internet provider incurs for usage. But it can be a shock when customers open their bill.

Canadians are opening cell phone bills that have skyrocketed as a result of usage from work-at-home initiatives to stop the spread of COVID-19, a health crisis that is also fattening profits at some of the country’s biggest mobile operators.

Rosette Okala of Pickering, a suburb of Toronto, was stunned to receive her Rogers Mobile bill this month for $540, up from the usual $160 she is used to paying.

“I almost dropped,” Okala told CBC News. She is a pharmaceutical employee whose job requires being online. Her 12-year-old son has been online more too, doing schoolwork.

The part of Pickering where Okala lives does not have wired internet service available, so she relies on internet service from her mobile provider, like hundreds of thousands of other Canadians do. Pickering is hardly a tiny town either. With a population of 92,000, the city is immediately east of Toronto in the Durham Region. Despite that, there are sections of the city still waiting to get wired internet service.

Using the internet in areas considered to be “rural Canada” by providers is not cheap. Rogers offers customers a $145/mo wireless internet plan that includes 100 GB of usage. Customers that exceed that do so at their peril, facing overlimit fees of $5/GB.

“This is just a slap in our face,” said Okala. “We [rural customers] pay huge bills just to be able to do something basic that most people take for granted.”

Okala hoped her employer would help cover her phone bill. Rogers has been reluctant to help, despite a showy ad campaign from the cable and wireless giant promising customers “we are in this together and are here to help.” When it comes to billing matters, talk is cheap and help is hard to find.

Pickering, Ont.

Okala said she spent hours on the phone with a Rogers representative trying to negotiate a lower bill. Rogers eventually offered a paltry $30 credit and a payment plan to pay off her balance. A second attempt resulted in an improved offer of $100 credit, an upgrade to a different service plan, and 50% off monthly service fees for 24 months. But Rogers still wanted to be paid at least $440, at least until the CBC pointed out it would share Okala’s story with the rest of Canada for free. Rogers suddenly offered to take another $230 off Okala’s March bill and give her the mobile hotspot hub she was leasing for free.

John Burbidge, a University of Waterloo economics professor in North Dumfries living in a town of 10,000 near Cambridge, Ont., got schooled in the mobile broadband business by Bell Mobility, which sent him a bill for $650, including nearly $400 in usage charges. Burbidge was confused by an email from Bell, Canada’s largest phone company, which claimed it was waiving overlimit usage fees for customers during the pandemic. He missed the fine print advising that fee waiver only applied to Bell’s DSL and fiber wired customers, not wireless data plans. Burbidge argued it was unfair to exempt some customers from usage fees, while continuing to charge them to others.

“If rural Canadians are expected to work and do school work from home, decent and reasonably priced access to the internet is a basic right. Bell should not be allowed to gouge rural customers,” Burbidge told Canada’s public broadcaster.

Bell told the CBC the company was offering customers an extra 10 GB on customer data allowances and a $10 credit off the cost of using a mobile hotspot connected to Bell’s mobile network. As a courtesy, Bell agreed to credit Burbidge’s account $350 for March and take 60% off overlimit fees in April, but he is on his own after that. Burbidge’s current plan charges $180 a month for up to 100 GB a month, with a $5/GB overlimit fee.

“It’s really sad to hear,” Laura Tribe, executive director of consumer group OpenMedia told the CBC. “Data caps are definitely unnecessary. We see them as a punitive mechanism to make sure that people suppress the amount of data that they use and overpay when they go over what they want.”

The Canadian Wireless Telecommunications Association (CWTA), an industry lobbying group representing the country’s wireless companies, claims data caps are necessary to prevent overwhelming Canada’s wireless networks, which could make calling 911 impossible. But voice calls can travel over different spectrum than data traffic, and no wireless company or the CWTA would admit if their networks were close to being overhwhelmed by traffic as a result of millions of Canadians working from home.

Tribe says the traffic spikes that have come from the coronavirus crisis prove her point. Even with data usage at all-time highs, no provider is claiming their network is close to capacity. That should call into question whether there is any need at all for mobile data caps.

“They’re a way to increase profits and suppress the usage of the networks,” said Tribe.

Note that data usage is slightly higher for users with “flat rate billing (FRB)” plans vs. those stuck with “usage-based billing (UBB).” (Source: OpenVault)

A record 10 percent of U.S. households now exceed 1 TB of data usage per month, putting some customers at risk of overlimit fees for exceeding data allowances that are usually enforced by AT&T, Comcast, Cox, and other telecom companies. Those caps are temporarily suspended because of the COVID-19 pandemic.

OpenVault, which collects average data usage from several service providers, reports a dramatic increase in the number of homes it designates as “power users” that consume at least 1 TB of data each month. In the first quarter of 2019, 4.2% of customers regularly exceeded 1 TB of usage. During the same period this year, that number shot up 138% to 10% of customers. “Extreme power users” that consume 2+ TB of data increased a record 215% from just one year ago, now representing 1.2% of broadband households. Last year it was 0.38%.

Overall total broadband usage across all users increased 47% in the first quarter of 2020, reaching an average of 402.5 GB a month. But that number mostly comprises average usage before the COVID-19 pandemic forced many to work from home. OpenVault originally predicted in January 2020 that monthly usage would reach 425 GB by the end of 2020. But with most Americans sheltering at home, measurements now suggest average broadband usage already exceeds that, reaching a record high of 460 GB in April.

“Nearly all the growth in broadband usage we would have expected for 2020 has now been achieved in the first quarter, with much of it concentrated in the last two weeks of the quarter,” OpenVault reported.

Despite usage growth, broadband providers in the United States are universally confident their networks are more than capable of sustaining the increased traffic. In fact, many providers report a spike in new customers, upgrades to higher speed tiers, and at least one — Spectrum, is confident enough of its network capacity to give away two months of broadband service to households with school-age children for free.

NCTA–The Internet & Television Association reports the biggest increases in broadband traffic are occurring on the upstream side, likely because of video teleconferencing. Although downstream traffic also spiked after the pandemic forced many businesses to close their offices, that traffic has flattened out and most recently has even decreased slightly.

Source: NCTA

Broadband providers may have lost key arguments to support reimposing data allowances and usage caps after the pandemic eases. Not only have broadband networks managed dramatic spikes in traffic with no significant difficulties, there are no signs of any “data tsunamis” in the future, even as broadband usage growth exceeds predictions. NCTA reports that 99.8% of the time broadband providers had “ample” or “excess” capacity available, not only to sustain current traffic levels but also potential future spikes in traffic. Peak traffic usage reaching levels where reduced capacity was available was identified just 0.2% of the time, causing a “minor impact on performance and customer experience.”

The current crisis is likely to bring a flood of new revenue to many broadband companies, even without usage overlimit fees. Since the pandemic began, OpenVault reports a 3.75% growth in premium-priced gigabit speed upgrades, up 97% from the same time last year.  In the New York City area, gigabit service subscriptions at Altice/Optimum increased 56% as many workers began to telecommute.

The biggest challenge the cable broadband industry faces as a result of this year’s usage growth is a need to accelerate plans already under development to increase upload speeds. Much of the recent traffic growth came from upstream traffic, which is cable broadband’s biggest Achilles’ Heel. Cable broadband networks devote most available bandwidth to downloads, with only a small fraction devoted to upload speed. Cable companies are expected to modestly increase upload speeds in a few months and will eventually deploy the next DOCSIS standard, supporting far faster upload speeds, beginning sometime next year.