Atlantic Canada provider Eastlink still offer unlimited access for speeds of 20Mbps or slower, but the fastest speeds now come with usage caps and overlimit fees, as depicted on this sample invoice.

While broadband pricing in the United States depends primarily on whether one lives in a rural or urban area, in Canada, which province you live in makes all the difference.

Canadian broadband pricing varies wildly across different provinces. If you live in northern Canada, particularly in Nunavut or the Yukon, Internet access is slow and prohibitively expensive, assuming you can buy it at any price. Customers in Atlantic provinces including Nova Scotia, Prince Edward Island, Labrador and Newfoundland pay the next highest prices in the country, often exceeding $60 a month. But Atlantic Canadians often find unlimited use, fiber optic-based plans are often part of the deal. In the west, fervent competition between dominant cable operator Shaw and telephone company Telus has given residents in British Columbia and Alberta more generous usage allowances, faster speeds, and lower pricing.

The Canadian Broadcasting Corporation reports the most significant gouging takes place in the Canada’s two largest provinces: Ontario and Québec, where Bell (BCE) competes with three dominant cable operators: Rogers and Cogeco (Ontario) and Vidéotron and Cogeco (Québec). Critics contend that “competition” has been more in name-only over the last several years, as prices have risen and usage allowances have not kept up.

“These disparities are influenced by the competition,” Catherine Middleton, a professor at the University of Ryerson’s Ted Rogers School of Management told CBC News. “For example, Bell competes against Rogers in Ontario, but against Vidéotron in Quebec, with different plans for different markets.”

(Coincidentally, in 2007 the University of Ryerson accepted a gift of $15 million from the late Ted Rogers, founder of Rogers Communications, which won him naming rights for the Ted Rogers School of Management.)

Rogers and Cogeco charge Ontario residents more money for less access. Vidéotron treats their customers in Québec somewhat better, so Bell has plans to match.

“Ontario gets the worst when it comes to competitiveness,” Michael Geist, a law professor at the University of Ottawa and Canada Research Chair in Internet and e-commerce law told CBC News. “It tends to be the least competitive when it comes to getting bang for your buck.”

Prices start to moderate in the prairie regions. SaskTel and MTS Allstream are the largest providers in Saskatchewan and Manitoba. Both offer customers unlimited service plans, something of a shock to those further east. But unless you live in a larger city where the two companies are upgrading to faster fiber-based networks, DSL at speeds averaging 5Mbps is the most widely available service.

Nearing the Canadian Rockies, usage-restricted plans are a reality once again. In Alberta and British Columbia, Telus and Shaw competition means more generous usage allowances, and Telus does not currently enforce their usage limits. Shaw raised its own usage limits significantly beyond what a customer would find from Rogers back east. Prices are often lower as well.

The CBC notes unlimited broadband from cable operators has become a rarity. Eastlink, which provides service in Atlantic Canada, has phased out unlimited access on plans above 20Mbps. Rogers has a temporary “unlimited use” offer for customers paying for its premium-priced 150Mbps plan, and only until March 31.

The most significant recent change for eastern Canada was Bell’s decision to offer an unlimited-use “add-on” for $10 extra a month for Bell customers in Québec and Ontario who choose at least three Bell services (broadband, television, phone, satellite, or wireless service). Rogers has matched that offer for its own triple-play customers. Those who only want broadband service from either provider will pay three times more for unlimited access — an extra $30 a month.

The mainstream Canadian press often ignores third party alternative providers that offer an escape from usage-capped Internet access.

But there are other alternatives, often ignored by the mainstream media.

A growing number of third-party independent providers buy wholesale access from large Canadian networks and sell their own Internet plans, often with no usage limits. TekSavvy, Distributel, Acanac, among many others, provide Canadians with DSL and cable broadband at prices typically lower than one would find dealing with Bell, Rogers, Shaw, or other providers directly. Some discount plans still include usage caps, but those limits are often far more generous than what the phone or cable company provides, and unlimited access is also available in most cases.

One website allows consumers to comparison-shop 350 different providers across Canada. Despite the growing number of options, the majority of Canadians still buy Internet access from their phone or cable company and live under a regime of usage caps and high prices, if only because they do not realize there are alternatives.

Usage caps have cost Canadian broadband consumers both time watching usage meters and money paying overlimit penalties. But the cost to innovation is now only being measured. While online video has become so popular in the United States it now constitutes the largest percentage of traffic on broadband networks during prime time, usage limits have kept the online video revolution from fully taking hold in Canada. That is a useful competition-busting fringe benefit for large telecom companies in Canada, which own cable networks, cable systems, broadcast networks, and even satellite providers.

Netflix’s chief content officer called Canadian broadband pricing “almost a human rights violation.” The online video provider was forced to introduce tools to let Canadians degrade the quality of their online video experience to avoid blowing past monthly usage allowances.

Another ISP Limbo Dance. How low can they go?

Telus, western Canada’s largest phone company, has announced it is slashing usage allowances as much as half and raising prices up to $8 a month on broadband packages, eight months after last summer’s $3 rate hike.

A sample:

• Internet 6 was $37, now $45. Usage cap reduced to 100GB, was 150GB.
• Internet 15 was $42, now $50. Usage cap reduced to 150GB, was 250GB.
• Internet 25 was $52 now $60. Usage cap reduced to 250GB, was 500GB.
• Internet 50 was $75 now $80.

A Telus spokesperson explained the reasons for the rate increases and allowance slashing:

It is only fair for customers to pay for the amount of bandwidth they use and be on a plan that realistically reflects their usage patterns; otherwise, moderate users end up subsidizing heavy users. Even with the change TELUS has some of the most generous usage caps in comparison to many other ISP’s. Most customers use only a fraction of the allotted threshold. Usage limits are put into place so that the small percentage of high usage customers to not impact the internet experience for other users on the network. We currently do not charge for over usage, but the thresholds allow us to ensure that customers are on an appropriate plan for them.

The rate increase is in response to rising costs in providing and maintaining the network. Since 2000, TELUS has invested more than $30 billion in infrastructure across Canada to provide our customers with some of the best communications technology anywhere in the world. These increases affect all clients, from TELUS employees to brand new sign-ups. All the pricing has been adjusted to the higher rate. In terms of price and quality TELUS Internet is very competitive versus our competitors. In most cases, TELUS services will still be less expensive than similar offerings from our competitors.

Most existing clients have already had the benefit of a promotion on sign-up. As with all promotions, including the current new client promotions, they run for a limited time and the discounts they offer expire. We do have loyalty programs in place for existing loyal clients and we do offer existing clients the new promotions in cases where they may not have received anything when they signed up.

Customers are outraged about the changes, particularly because Telus has been raising prices twice a year since 2011. The new rate plans are now comparable to Telus’ largest competitor, Shaw Cable.

Telus has not traditionally enforced usage cap violations on their network, nor have they imposed overlimit fees. But a customer service representative said “Telus can suspend allowance violators for 30 days for repeated violations.”

In North America, virtually every major ISP has watched bandwidth costs decline as connectivity continues to get cheaper. But that does not stop some providers from raising prices and slashing usage limits on a service most Canadians find they cannot live without.

Isiogu

A current member of the Michigan Public Service Commission is penning guest editorials featuring AT&T’s favorite talking points: promoting the company’s deregulatory agenda and providing false memes about Internet Overcharging schemes like usage caps and consumption billing.

Orjiakor N. Isiogu, co-vice chairman of the National Association of Regulatory Utility Commissioners Committee on Telecommunications and member and immediate past chairman of the Michigan Public Service Commission wrote nearly identical pieces appearing in The Hill, the Detroit Free-Press and the Battle Creek Enquirer that included misleading claims that could have come straight from an AT&T lobbyist’s “fact sheet.”

A sample:

The federal government has used the telecom industry as a model of how competition could be a better elixir than the guiding hand of government regulation. And the results are impressive. The high-speed Information Superhighway touches 95 percent of the U.S., and most consumers can choose from among six or more wireless or wireline providers (90 percent can choose from at least two). And the price of Internet access — measured by megabits per second — has fallen 87 percent since 1999, even as the speed has increased tenfold;

80 percent of U.S. homes now have access to download speeds of 100 megabits per second, and 4G wireless service will soon be available nationwide, with speeds of up to 20 megabits per second;

Despite the evidence, however, there are those who wonder whether there is sufficient competition for Internet access, whether speeds are too slow and prices too high. Others object to new pricing plans that allow a consumer to purchase the amount of bandwidth that best suits his needs.  In fact, some have asked the government to stop these new tailored pricing plans, even though these plans save nearly all consumers from having to underwrite the “outliers” whose monthly usage is gigantic — over 300 GBs a month or the equivalent of over 500 standard definition movies;

And if Teddy Roosevelt were with us today, he would likely argue that we can walk and chew gum at the same time, pointing to the banking industry as an example of industry excesses in need of a public check and the telecom industry as an example of how private competition, with occasional nudges, could better make the markets work.

In reality, if Teddy Roosevelt were alive today, he’d ask why a state commissioner working for the public is instead carrying water for the large telecommunications companies he oversees.

Did Roosevelt advocate the government keep their hands off AT&T and other consolidating telecom companies?

Isiogu doesn’t know his history either.

Roosevelt made no distinctions between the excesses of one industry over another. He strongly believed all major interstate corporations (and that would cover Isiogu’s friends at AT&T, Comcast, and other big telecom companies) should be subject to federal regulation and, in some cases, have their rates set by the government to ensure the public was charged fairly for the services they received. Roosevelt learned his lesson well from the oil, railway, and tobacco trusts his government sued to break up after years of consolidation and rapacious greed at the public’s expense. Those companies all claimed to be competitive as well.

Few industries have consolidated faster than the telecom sector, which is gradually rebuilding the Bell System in AT&T and Verizon’s image and a cable cartel that agrees never to compete directly with other cartel members.

Isiogu’s “facts” are disturbingly incomplete and misleading for a telecom regulator ostensibly serving the public interest.

For example, his claim that Americans can choose among six or more different providers ignores the fact AT&T and Verizon are counted twice (wired and wireless), no competition exists among multiple cable operators or phone companies, and many of the other options Isiogu counts (almost always wireless) do not provide coverage in suburban and rural Michigan. The average consumer in the U.S. has two practical choices for broadband — the cable or phone company.

While Isiogu sings the praises of American broadband, the rest of us have watched the price of Internet service continue to increase, whether customers want faster speeds or not. The industry itself admits it can raise prices because the competitive landscape and consumer love of broadband gives companies “pricing power.”

He also doesn’t mention the price of 100Mbps service or the fact it is not offered by either AT&T or (outside of one city) Time Warner Cable — both industry leaders. Wireless is no panacea either. 4G service may offer faster speeds, but usage plans that start with just a 1GB allowance make it hard (and expensive) to take advantage of the technology improvements. Just a few years ago those plans offered unlimited access.

Isiogu also tapdances around the fact no broadband provider in the country wants to sell a “pay for what you use” plan. Instead, companies create usage allowances that come with steep overlimit fees and, as AT&T executives have told shareholders, deliver limitless potential revenue growth as subscribers are forced to upgrade as their usage grows.

Most consumers favor and appreciate unlimited-use plans for predictable pricing and ease of mind. But flat rate plans ruin providers’ goals to monetize broadband usage and are usually eliminated when consumption pricing arrives, another fact Isiogu does not bother to disclose.

Isiogu has gotten remarkably cozy with the industry he oversees, even resorting to mind-bending pretzel logic that calls regulation for the banking sector a good idea and oversight of his industry friends a disaster.

What is disturbing is while Isiogu pens these industry friendly guest editorials in his spare time, he is also in a position of power to oversee and regulate these same companies in the public’s interest.

That represents a clear conflict of interest Teddy Roosevelt could see and feel from his grave.

AT&T 3G MicroCell

One of the core principles of Net Neutrality is that all Internet traffic is treated equally — nothing favored, nothing penalized.

AT&T does not seem interested in following that principle, as our regular reader James found out when reviewing the terms and conditions of AT&T’s Internet Overcharging scheme that limits DSL customers to 150GB of usage per month and 250GB for U-verse customers.

AT&T Wireless customers with the company’s 3G MicroCell that covers for AT&T’s network shortcomings are given special treatment if they also subscribe to the company’s wired broadband services: use of the MicroCell is exempt from the wired usage cap.

The MicroCell creates a mini “cell-tower” within the home for wireless devices that do not receive adequate indoor reception, powered by your home or office broadband connection. Customers with smartphones or other wireless devices can use the MicroCell to browse web pages, use apps, make and receive calls, or send and receive text messages without ever worrying about exceeding their DSL or U-verse broadband usage allowance. Want to access that content on your home computer? That does count against your cap.

“So data from another AT&T service which is sent over the same Internet connection as any other data traffic is excluded from the cap?  That sounds like a clear Net Neutrality violation to me,” says James.

From AT&T’s own FAQ:

“I have an AT&T 3G MicroCell. Since that utilizes my home broadband network to boost my wireless data signal, does that mean my wireless usage also counts against my wired broadband monthly data plan?

No, the wireless traffic from your AT&T 3G MicroCell does not count toward your monthly home broadband plan. Please register your AT&T 3G MicroCell account and your residential AT&T Internet account at www.att.com/internet-usage-MicroCell to help ensure accurate Internet usage billing. If you have broadband service with another provider, you do not need to register your account.”

The usage cap “free pass” does not extend to your wireless service plan, however. Despite using your home broadband connection, the use of the MicroCell still consumes monthly plan minutes and megabytes, unless you purchase extra add-ons. AT&T would argue it already charged you for your wireless usage, so it would not be fair to charge you again through your home broadband plan. But if you are not an AT&T broadband customer, that is exactly what happens if your local cable operator also has usage billing.

AT&T’s logic for implementing usage caps in the first place:

AT&T has experienced a dramatic increase in the amount of data that is sent and received over its wireline broadband networks. This dramatic increase is driven primarily by a small fraction of our customers. In fact, the top 2% of customers use about 20% of the total capacity on our network. 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.

Customers that blow through their allowance receive one warning and then a higher bill: a $10 overlimit penalty will apply and extends your usage allowance by 50GB. AT&T’s cost per gigabyte is estimated to be in the pennies.

Wyden

Sen. Ron Wyden (D-Ore.) has introduced legislation that would force Internet Service Providers to prove usage caps are designed to manage network congestion instead of monetizing consumer data usage.

The Data Cap Integrity Act would require the Federal Communications Commission to enact new rules forcing providers to justify their usage cap programs, create standards by how ISPs measure usage and to provide useful measurement tools to customers before they incur overlimit fees.

“Internet use is central to our lives and to our economy,” said Wyden. “Future innovation will undoubtedly require consumers to use more and more data — data caps should not impede this innovation and the jobs it creates.  This bill is intended to help consumers manage their data more effectively and ensure that data caps are used only to serve the legitimate purpose of addressing congestion.”

Wyden’s bill is an attempt to force providers to prove their contention that usage limits improve the user experience by preventing so-called “data hogs” from slowing down connections of other paying customers.

Wyden is also concerned that without uniform standards of data measurement, consumers could be blindsided with overlimit fees or even have their service cut off. In the past, providers have stuck customers with a variety of often inaccurate measurement tools that have under or over-reported usage, which can sometimes lead to higher bills. At present, no government agency has authority over the veracity of provider measurement tools, and most ISPs impose terms requiring subscribers to accept their word as final for the purpose of usage measurement.

The Oregon senator’s bill is the first measure regulating usage caps introduced in the Senate. In 2009, Rep. Eric Massa (D-N.Y.) introduced a measure in the House that would have banned most usage caps and usage-based billing without first applying a means test. Massa introduced the bill after Time Warner Cable attempted to impose a usage-billing scheme on customers in his district, which includes parts of the Rochester area.

Among the provisions in Wyden’s bill the FCC must enact and enforce within one year of its passage:

• A “truth in labeling requirement” that requires ISPs fully disclose the cost of their services, the true upload and download speed a customer will receive, and the presence of any speed throttles or usage limits;
• A ban on usage caps for any provider that cannot prove they are needed to control congestion and not simply discourage Internet usage;
• A penalty for providers that either do not provide suitable measurement tools or inaccurately measure usage leading to unjustified overlimit fees;
• A provider may not exempt certain content from its usage cap while imposing it on others.

Lyons

Wyden’s bill was introduced at the same time the nation’s largest cable lobbying group, the National Cable and Telecommunications Association, sponsored an event defending usage limits and consumption billing. Two of the three experts speaking at the event declared peak usage limits or congestion pricing ineffective.

In fact, Michael Weinberg from Public Knowledge took note of the fact the cable industry now seems to admit it does not have a congestion problem:

“The most refreshing section of the [NCTA’s] study is the one that is not there,” Weinberg wrote. “There is no meaningful discussion of usage-based pricing as a tool to reduce network congestion or a suggestion that monthly data limits are a reasonable way to impact congestion. There is also no invocation of the mythical ‘data hog,’ a sinful creature that can only be punished with data caps. Hopefully, the omission is NCTA’s tacit admission of two things: that cable networks are not congested and, if they become so in the future, monthly caps will do little to address that congestion.

”

“I don’t think congestion is as big a problem in fixed broadband,” said Professor David M. Lyons of Boston College Law School at the NCTA event. “The latest broadband speed surveys that the FCC has come out suggests that there is not a whole lot of slowdown at peak periods on the fixed side.”