Rogers Communications customers have a New Year’s surprise arriving in their mailboxes as eastern Canada’s largest cable company announces it is boosting rates effective Jan 24.

Many Rogers broadband customers will be paying an additional $3 a month for usage-capped service. Some of the steepest rate increases are reserved for budget-minded customers who only want the basics.

Those subscribed to Phone Essentials, Cable Digital Plus and Internet Lite face a 6.7 percent rate hike, which translates into $8 a month or $96 a year. One thing not increasing is Rogers’ usage allowances.

Rogers Rates Up, Up, and Away

• Phone Essentials up 7.0%
• Phone Favorites up 5.2%
• Phone Deluxe up 4.6%

• Cable Basic up 2.9%
• Cable Digital Plus up 5.7%
• Cable VIP up 2.9%

• Internet Lite up 7.8%
• Internet Express up 6.1%
• Internet Extreme up 4.8%
• Internet Extreme Plus up 4.2%

Rogers Communications isn’t exactly hurting. Their profits have been accelerating every quarter over the last year:

• Q4 2011: $327 million profit
• Q1 2012: $356 million profit
• Q2 2012: $400 million profit
• Q3 2012: $466 million profit

Image courtesy: Rick

Rogers’ customer Sunfox, who lives in Markham, Ont., and provided the breakdown, is purely tongue-in-cheek about Rogers’ quest for more of their customers’ money.

“I mean clearly something had to be done,” he writes on Broadband Reports’ Rogers Forum. “Any reasonable person can see that $1.5 billion profit in 12 months isn’t anywhere near enough, so it was time to significantly increase rates for their customers.”

Customers who want out can follow these instructions provided by Rogers:

Affected customers who wish to respond to the rate increase notice may call us at 1 888 ROGERS 1 (764-3771).

Residents of New Brunswick who do not wish to accept any applicable rate increase may choose to cancel the service(s) affected by the rate increase(s). Any applicable early cancellation fee, device savings recovery fee or service deactivation fee will apply.

Residents of Newfoundland and Labrador and Québec who do not wish to accept any applicable rate increase may choose to cancel the service(s) affected by the rate increase(s) without any early cancellation fee by sending us a notice to that effect no later than 30 days after the rate increase(s) take effect, as indicated in the rate increase notice.

Residents of Ontario who do not wish to accept any applicable rate increase may choose to cancel the service(s) affected by the rate increase(s) without any early cancellation fee, device savings recovery fee or service deactivation fee, as applicable, by sending us a notice to that effect no later than 30 days after receiving the rate increase notice.

Think your wireless service contract ties you down?

More than 500 Canadians filed comments about their wireless service with the Canadian Radio-television and Telecommunications Commission as the telecom regulator wrestles with a proposed code of conduct for Canada’s wireless industry and the contracts they hand customers. Why? Because of language like this from a typical contract with Rogers Communications:

Device Savings Recovery Fee (applicable to term commitment customers only for any new term entered into on or after January 22, 2012): A Device Savings Recovery Fee (DSRF) applies if you have been granted an Economic Inducement (as defined below) upon entering your new term, and if, for any reason, your wireless service or your new term is terminated prior to the end of the term of your Service Agreement (Service Agreement Term). The DSRF is the amount of the economic inducement (which may take the form of a discount, rebate or other benefit granted on the price of your Equipment), as stated in your Service Agreement (Economic Inducement), less the amount obtained by multiplying such Economic Inducement by a fraction representing the number of months elapsed in your Service Agreement Term as compared to the total number of months of your Service Agreement Term (plus applicable taxes). In other words, DSRF = Economic Inducement [Economic Inducement × (# months elapsed in your Service Agreement Term ÷ Total # months in your Service Agreement Term)] + applicable taxes. An Additional Device Savings Recovery Fee (ADSRF) also applies if, for any reason, your wireless data service, or your data plans commitment term (Data Term), is terminated prior to the end of your Data Term. An Additional Device Savings Recovery Fee (ADSRF) also applies if, for any reason, your wireless data service, or your data plans commitment term (Data Term), is terminated prior to the end of your Data Term. The ADSRF is the additional Economic Inducement you received for subscribing to your wireless data service, less the amount obtained by multiplying such Economic Inducement by a fraction representing the number of months elapsed in your Data Term as compared to the total number of months of your Data Term (plus applicable taxes), and applies in addition to the DSRF for termination of your Service Agreement. If you subscribe to a plan combining both voice and data services, both the DSRF and the ADSRF apply, up to the total Economic Inducement.

Despite contract confusion being an issue in the eyes of the CRTC, the overwhelming majority of comments focused on something else that irks Canadians above all else: being held hostage by the industry’s traditional 36-month wireless contract, one year longer than consumers in the United States find common.

“Get rid of the 36 months contract,” wrote one Canadian, noting contract creep is all the rage. “It first started with 12 months, then 24 months, now the standard is 36 months, which is ridiculous!”

Most of the comments came from customers of the chief three providers: Bell, Rogers, and Telus. All three received scorn from customers for uncompetitive, expensive service.

The state of competition in Canada:

Roger offers new plans:
– $55 1000min local, unlimited text, 200MB
– $65 unlimited local/text, 1GB
– $75 unlimited local/text, 2GB
– $95 unlimited canada/text, 5GB

Then Bell offers their new competitive plans:
– $55 1000 min local, unlimited text, 200MB
– $65 unlimited local/text, 1GB
– $75 unlimited local/text, 2GB
– $95 unlimited canada/text, 5GB

Then Telus offers their competitive plans:
– $70 unlimited local/text, 1GB
– $80 unlimited local/text, 3GB
– $100 unlimited canada/text, 5GB

Where is the competition? These plans are all the same.

Also unfamiliar to Americans, the automatically-renewing contract that snags Canadians that forget to cancel with a brand new service commitment complete with a cancellation penalty. Perhaps the most consumer-friendly provinces in Canada are Quebec and Manitoba, which ban certain kinds of termination fees and auto-renewing contracts. Canadians want these bans extended nationwide. The European Union already bans 36 month contracts and made 24 months the maximum. One former resident of the United Kingdom noted the EU also compels providers to offer 12 month contracts for those who want them.

The CRTC may not provide much relief if it remains convinced the marketplace remains competitive.

The agency points out under the Telecommunications Act, the CRTC will only intervene in a market if there is insufficient competition to protect the interests of users.  In the 1990s the CRTC decided to allow market forces to guide the growth of the mobile wireless industry.

The CRTC seems to have already made up its mind on this issue when it announced its proceeding:

In the decision issued on 11 October 2012, the CRTC found that there was competition sufficient to protect the interests of consumers and it did not need to regulate rates.  Although many consumers indicated concerns about wireless rates and the competitiveness of the wireless market, a number of market indicators demonstrate that consumers have a choice of competitive service providers and a range of rates and payment options for mobile wireless services. According to the CRTC’s 2012 Communications Monitoring Report, new entrants in the mobile wireless market continue to increase their market share and coverage. Companies continue to invest in new infrastructure to bring new innovative services to more Canadians. Moreover, the average cost per month for mobile wireless services has remained relatively stable.

The CRTC concluded that competition in the mobile wireless market continues to be sufficient to protect the interests of users with respect to rates and choice of competitive service provider.

That makes it more likely than not the agency will limit itself to ordering wireless carriers to better explain their wireless policies, not force them to change them.

The only relief potentially available outside of canceling service is considering one of several new competitors which offer relaxed terms and better prices to attract customers. So far, only 4% of Canadians have switched to WIND, Mobilicity, Vidéotron, or Public Mobile. Some may be trapped in current contracts with larger companies or are discouraged having to buy new equipment to switch providers. Most providers in Canada, like in the United States, lock phones so they cannot be easily used on another company’s network.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CRTC Cell Phone Contracts 12-12.flv[/flv]

The CRTC used this video to invite consumers to share comments about confusing wireless service contracts. Instead, criticism of tricky term contracts that auto-renew and last three years arrived in buckets. (2 minutes)

In spring of this year, rural Canadian access to the Inukshuk Wireless system was terminated, forcing many to usage-capped wireless plans from companies like Rogers Communications that cost a lot more.

Kevin, a Stop the Cap! reader dropped us a line this week to remind Canadians they don’t have to pay Bell, Rogers or Telus big dollars for a small wireless usage allowance.

“After a bit of shopping, I signed up for WIND Wireless and it has been a positive experience,” Kevin writes. “Their customers service is leaps and bounds better than the big three and I get 10GB of usage for $35 a month.”

Once Kevin exhausts his usage allowance, he keeps right on browsing because Wind does not charge overlimit fees — they throttle speeds downwards, but not to the punishing dial-up-like speeds of most other providers.

“I’ve streamed music and video after I’ve hit 10GB,” Kevin writes, although he admits YouTube can be a bit problematic with buffering issues at the slower speeds.

Kevin says if he stuck with Rogers he would be paying them around $195 a month for the same usage he pays $35 for with WIND.

“Who cares about the speed of Rogers’ LTE network when you pay that much,” Kevin adds.

WIND Mobile is one of a handful of upstart independent cell phone providers challenging the dominance of incumbent telecommunications companies that have set the standards for high Canadian broadband pricing and low usage caps. Kevin wishes more Canadians would consider switching away from dominant providers to send them a message they have to compete with lower prices and better service.

Share and share alike is a concept unfamiliar to Rogers Communications, at least in the eyes of the independent Internet Service Providers who have wholesale bandwidth agreements with eastern Canada’s largest cable operator that are supposed to guarantee speed parity.

The Canadian Network Operators Consortium (CNOC) last week announced it filed a complaint with the Canadian Radio-television and Telecommunications Commission (CRTC) accusing Rogers of withholding speed increases from independent ISPs.

In 2006, the CRTC made it clear that cable companies must treat its wholesale customers fairly:

The Commission determines that should a cable carrier introduce a speed upgrade to one of its retail internet service offerings with no corresponding price change, it is to issue at the same time, revised [third-party ISP access] tariff pages that match these retail service speed changes with no corresponding price change.

According to CNOC, Rogers wants independent ISPs to pay higher prices for the faster speeds it is providing its own customers for no additional charge.

That leaves providers like TekSavvy at a competitive disadvantage, according to the provider.

Peter Nowak explains Rogers is attempting to hurry independent ISPs to move to “aggregated points of interconnection,” part of the foundation of the CRTC’s earlier decision on usage-based billing. Independent ISPs were given two years to complete the transition and Rogers wants that change to move at faster pace:

Rogers wants indie ISPs to move onto the aggregated method, something it says the CRTC essentially ordered at the conclusion of the big usage-based billing fiasco a year ago. Here’s what a spokesperson told me:

We are not denying TPIAs access to our new speeds provided they have moved to a single point of connection, called an aggregated point of interconnection (POI). As part of the usage based billing rulings in November of last year, TPIAs were given two years to move from a disaggregated POI to an aggregated POI. The sooner this happens, the sooner we can provide those speeds to these third party ISPs.  Rogers will continue to provide access at existing speeds on the old network architecture until November 15, 2013.

The dispute, as usual, boils down to whether or not Rogers’ move can be considered anti-competitive. The small ISPs argue that it is, since Rogers’ own retail customers are getting the benefit of higher speeds without higher prices, yet the indie companies – and their own subscribers by extension – are being expected to pay more.

If it’s uneconomical for the indies to sell the faster speeds, they won’t, in which case the big network owners like Rogers will hold a distinct advantage since internet access is sold largely on speeds. Since they’ll simply perish if they can’t keep pace, the indie ISPs will ultimately have no choice but to accept the higher prices being pushed on them – and that effectively neutralizes the entire point of their existence, which is to provide a competitive check to the big guys.

CNOC has asked the CRTC to make an expedited ruling on the controversy as soon as possible to mitigate competitive damage.

Rogers Communications customers equipped with DOCSIS 3 modems are getting free speed upgrades, some starting today:

• Ultimate: download speeds will increase from up to 75Mbps to up to 150Mbps (by the end of the year) (250GB limit);
• Extreme Plus: download speeds will increase from up to 32Mbps to up to 45Mbps (150GB limit);
• Extreme: download speeds will increase from up to 28Mbps to up to 35Mbps (120GB limit);
• Express: download speeds will increase from up to 18Mbps to up to 25Mbps (80GB limit).

Customers with DOCSIS 2.0 modems will need to acquire a new DOCSIS 3.0 modem and service plan to take advantage of the new speeds.

Remember, all Rogers Internet plans carry overlimit fees, some steep:

• Ultra Lite – $5.00/GB to a maximum of $100.00
• Lite – $4.00/GB to a maximum of $100.00
• Express – $2.00/GB to a maximum of $100.00
• Extreme – $1.50/GB to a maximum of $100.00
• Extreme Plus – $1.25/GB to a maximum of $100.00
• Ultimate – $0.50/GB to a maximum of $100.00

Our regular Canadian reader Alex Perrier reminds us that “faster speeds mean faster drain of [your] usage allowance.”