Unless Canada deregulates the media industry further, a “technological storm” by “audiovisual Wal-Marts” will harm or destroy Canada’s media companies.  No doubt looking directly at Netflix, those were the views of Quebecor CEO Pierre Karl Peladeau at the outset of hearings held this week by the Canadian Radio-television and Telecommunications Commission on media ownership and vertical integration issues.

Canada’s media landscape is rapidly consolidating at a rate that will allow even ordinary Canadians with a passing interest in the issue to recognize the handful of remaining media moguls and identify them by name.  Phone companies that own major Canadian television networks, cable operators that own cell phone companies, and mergers among the dwindling pack have left consumers soaking in Shaw, Rogers, Bell, and Quebecor — whether they flip on their televisions, make a cell phone call, read a newspaper, or download something from the Internet.  Talk about vertical integration!  Now the supersized are back for more deregulation so they can trade programming rights between themselves, fend off the devil — Netflix, and of course continue to buy each other out.

There is one exception, of course.  Allowing party crashers.  While all of the incumbent players want the rules loosened up on their respective media and telecommunications operations, they are hellbent on keeping foreign competition out of Canada — the only real deep pockets sufficient to break up a convenient cartel of phone and cable companies.  Rogers and Shaw stay on their respective sides of a line dividing eastern Canada’s turf for Rogers and western Canada’s territory for Shaw.  Bell and Telus do much the same.  Quebecor provides cable for Quebec, and a handful of much smaller players fight for any remaining crumbs.

For Americans, it would be the equivalent of turning over your telephone, broadband, cable, television, newspapers, magazines, and radio stations to Rupert Murdoch or ex-media baron Ted Turner.

For Canadians, these hearings come just a tad too late.  Shaw Communications is absorbing their latest buyout — Canwest Media’s TV assets, which are hardly meager.  Shaw will run more than two dozen local broadcast TV outlets, 30 cable and satellite networks, and Global — a major broadcast network.  Bell is still popping Rolaids over its digestion of the enormous CTV and smaller upstart A-Channel network.  When it’s finished, “A” will become “CTV Two.”

The Globe and Mail notes between them, Bell, Shaw, Rogers and Quebecor control:

• 86 per cent of cable and satellite distribution;
• 70 per cent of wireless revenues;
• 63 per cent of the wired telephone market;
• 49 per cent of Internet Service Provider revenues;
• 42 per cent of radio;
• 40 per cent of the television universe;
• 19 per cent of the newspaper and magazine markets;
• 60 per cent of total revenues from all of the above media sectors combined.

As far as growth goes, as Alan Keyes used to proclaim, “that’s geometric!”

But it’s still not enough now that Netflix has arrived in Canada.  Despite the fact the operation has been challenged by punitive usage caps restricting viewing (or lowering its video quality), Netflix and new technology companies like it are the 21st century boogeymen for these multi-billion dollar media corporations.  The only way to defend against it?  Deregulate to allow them to trade viewing rights, grow larger, and charge whatever they like.  Somehow that seems to miss the point: Netflix is popular because it costs less, allows people to stream the shows they actually want to watch at a time of their choosing, and let’s families drop some overpriced premium channels and video rental fees along the way.

Bell’s dollar-a-holler researcher expanded on why large media conglomerates miss the point, even if he did so unintentionally.

According to University of Alberta economics professor, Jeffrey Church, “vertical integration is beneficial for consumers.” Sit down as you read why:

• it reflects efficiencies, spurs competitive innovation and is a global trend;
• telecom, media and Internet markets in Canada are “highly competitive;”
• our ‘small media economy’ needs a few deep-pocketed national champions to compete globally and invest heavily in innovation at home;
• instances of harm are mostly imaginary and few and far between;
• it helps keep “consumers . . . within the regulated system” (Shaw’s submission, p. 4).

Like cattle.

As political pressure over Usage Based Billing continues to keep providers from gravitating towards more stringent Internet Overcharging schemes, western Canadians are enjoying significant victories as providers relax usage caps and increase speeds for broadband service.

Weeks after Shaw Communications announced new packages with increased usage allowances and a few unlimited use plans, Telus has now followed Shaw’s lead and doubled usage caps on many of its Internet plans, slashed overlimit fees by more than half for some, and plans to increase upload speeds for one of its premium plans:

Among the major changes are dramatically increased usage allowances and the reduction of overlimit fees.

Telus customers receive their service from the phone company in various flavors of DSL.  Some older suburban and rural areas still receive speeds averaging 3Mbps, but those lucky enough to be served by VDSL can comfortably achieve the company’s fastest broadband speeds.  The increased usage allowances are welcome news, even if Telus has never strictly enforced any of them:

• High Speed Turbo 25 increased to 500GB, was 250GB;
• High Speed Turbo increased to 250GB, was 125GB;
• High Speed increased to 150GB, was 75GB;
• High Speed Lite increased to 30GB, was 13GB;
• The overlimit fee for High Speed Lite has been reduced from $5/GB to $2/GB;
• Unofficial reports suggest upload speed for Turbo 25 is being increased from 2Mbps to 3Mbps, to be rolled out gradually.

Is Telus following Shaw's lead?

The reduction in the overlimit fee for High Speed Lite was predictable in light of recent political events.  It is difficult to sustain the argument that overlimit fees and usage caps are priced to control network congestion when the lightest users face the most draconian limits and penalty fees.

But unlike their cable competitor Shaw Communications, Telus has not seen fit to offer customers a truly unlimited plan, which presents a problem for some.

“Telus needs to remember they cannot win a speed race with Shaw so they should be lowering prices, taking the usage caps off, and competing with something they can actually win — delivering customers the unlimited service they want at a reasonable price,” says Stop the Cap! reader Abel from Burnaby, B.C.

Separately, Telus also quietly introduced a rate increase for basic home telephone service.  What used to be $21 a month is now $25, an increase of four dollars.

The dramatic plan changes underway in western Canada come in response to political pressure and consumer ire against Usage Based Billing (UBB).  Bell, which provides much of Canada with wholesale broadband access, was seeking to force independent providers to abandon unlimited, flat rate pricing in favor of ubiquitous UBB.  The provocation brought a half million Canadians to sign a petition against metering broadband.

For eastern Canada, thus far little has changed as Bell, Rogers, and Videotron continue with business as usual.

Shaw’s wallet-biting usage billing shark finally gets the net, at least for some of the company’s broadband plans.

After a firestorm of protests from customers across western Canada, Shaw Communications this week unveiled new Internet packages and pricing that dramatically increases usage allowances and introduces unlimited use plans.  Stop the Cap! reader Mark shares the good news that consumer pushback can make a difference:

Today we are excited to share our new direction on Internet pricing and packaging with you, our customers. With your help, we’ve created a model that we hope you’ll agree is fair, flexible and offers a variety of options for customers today and into the future.

We’d like to thank the hundreds of customers who took time to come out to the 34 sessions and those who shared their ideas online. Many of those who participated are the technology innovators who told us they wanted an Internet experience that worked not only today, but for the needs of tomorrow. We also heard that our customers wanted transparency, more choice of internet speed and data options, increased flexibility to meet their varied needs, and above all, fairness.

The decisions we have made coming out of those sessions are far reaching. We went into the session thinking it was a discussion about pricing and packaging, and came out with a new vision for the future. Put an end to your struggles, as the perfect packaging solution to enhance your product is available at https://www.andex.net/blister-cards/.

One of the biggest decisions we have made is to undertake a major upgrade of our network by converting our television analog tiers to digital. In making this move we will triple the capacity of our network, freeing up space for more Internet, HD and On Demand programming. This conversion will start in June and will take sixteen months to complete. As a result of this upgrade, it will open up opportunities for Shaw to offer industry leading broadband performance.

While it is unlikely many Shaw customers clamored to see the cable company convert to an all-digital system (which requires a set top box on every connected television), the aggressive move to expand DOCSIS 3 technology will provide Shaw the option of pitching faster Internet speeds to customers — exactly what they intend to offer:

1. Increased Data Consumption with our Existing Model: Customers can choose to stay with their existing packaging and pricing except with much higher data levels. Our existing acceptable use policy will remain the same as it is today.
   

   Package	Speed	Current Data	New Data	Bundle Price	Standalone Price	With Personal TV (SPP)
   Shaw Lite Speed	1 Mbps	15 GB	30 GB	$27	$37	$64.90
   Shaw High Speed	7.5 Mbps	60 GB	125 GB	$39	$49	$74.90
   Shaw Extreme	25 Mbps	100 GB	250 GB	$49	$59	$84.90

2. New Broadband Packages: We have created new packages featuring industry leading performance and greater value. These broadband packages will come bundled with TV and will roll out in two phases. Phase 1 will be available in June, 2011 and Phase 2 will become available as the network upgrade occurs. Our advanced digital network will be activated neighbourhood by neighbourhood over the next 16 months starting in August, 2011.Customers who choose one of the new packages will enter into an automatic upgrade program. Those who go over their data consumption will be placed in the next higher package for the remainder of the month. The following month’s data will be reset and customers will return to their original package unless they choose to stay at the higher level.We have also created unlimited data options for our customers, an Unlimited Lite and Unlimited 100. As the new network becomes available, we will also offer Unlimited 250.
3. Phase 1 Broadband Packages (Available June, 2011)
   

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	3 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	5 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	5 Mbps	750 GB	Add $79.00	$104.90
   Unlimited 100	100 Mbps	5 Mbps	Unlimited	Add $119.00	$144.90

   Phase 2 Broadband Packages (Rolling Launch Starting August, 2011)

   Package	Download Speed	Upload Speed	Data	With Legacy TV	With Personal TV (SPP)
   Unlimited Lite	1 Mbps	256 kbps	Unlimited	Add $59.00	$84.90
   Broadband 50	50 Mbps	5 Mbps	400 GB	Add $59.00	$84.90
   Broadband 100	100 Mbps	10 Mbps	500 GB	Add $69.00	$94.90
   Broadband 100+	100 Mbps	10 Mbps	750 GB	Add $79.00	$104.90
   Broadband 250	250 Mbps	15 Mbps	1 TB	Add $99.00	$124.90
   Unlimited 250	250 Mbps	15 Mbps	Unlimited	Add $119.00	$144.90

While this represents a welcome change for Canadians long weary of stingy usage allowances, the pricing for the company’s unlimited use options is on the high side, and is not an available option for the most popular lower speed tiers, with the exception of the company’s 1Mbps “Lite” plan, where it carries a ludicrous monthly fee of $59, the exact same price customers will pay for a 50Mbps plan with a 400GB monthly limit.

We would have liked to see Shaw introduce unlimited options for all of their usage plans (or better yet simply drop the limits altogether).  As it stands, they are effectively charging an extra $20-40 a month to be free from a usage cap on some of their new highest speed tiers. For most customers, the effective result of Shaw’s changes is a more generous usage package.

Shaw’s pricing for high speed plans is aggressive.  For what Americans would pay Time Warner Cable for 50/5Mbps service, a Shaw customer will eventually get 250/15Mbps with a 1TB limit (add $20 for unlimited).

Michael Geist, a University of Ottawa law professor, suspects the looming hearings by the Canadian Radio-television and Telecommunications Commission (CRTC) over usage-based-billing has a lot to to with this week’s changes by Shaw, which just months earlier was lowering usage allowances.

“Shaw is doing this because the writing was on the wall,” Geist says. “When you’re in a position to offer such better pricing and data caps than what you were offering before, it highlights just how uncompetitive this market has been.”

Eastern Canadians in Ontario and Quebec will be waiting to see what companies like Rogers, Videotron, and Bell do in response to Shaw’s new pricing model.  As it stands, western Canadians will nearly get double the speeds and usage allowances those in the eastern half of the country endure from cable and phone companies.  That could be a political nightmare at the CRTC hearings, and would continue to call out the highly arbitrary nature of Internet Overcharging, whether it is found in Calgary, Toronto, or Montreal.

Shaw Communications today announced they are boosting speeds on one of their popular broadband tiers — Shaw Extreme, from 15/1Mbps to 25/2.5Mbps.  The current price for the Extreme plan remains the same.  So does the monthly usage limit of 100GB.

Customers appreciate the faster speed, but are not impressed Shaw has continued to limit customers to how much service they can use.

“Now I can hit my 100GB usage cap that much faster,” shares Shaw customer Dan Peek, who lives in Calgary.  “Shaw just completed dozens of listening tours, but they are obviously not listening at all.  What good are the faster speeds when you are effectively limited from using your broadband account to full advantage?”

Shaw claims the new broadband speeds are part of an effort to unveil new Internet packaging anticipated for early summer.

“It’s an exciting time at Shaw as we begin to create a world-class Internet product, giving our customers the ultimate experience in connectivity and entertainment,” said Peter Bissonnette, President, Shaw Communications Inc. “The Shaw Extreme speed upgrade is just the first spark of a whole new world of entertainment and offerings to come. We’re building the network of the future and our customers are at the very heart of it.”

Shaw also plans to introduce new equipment options, including a new box that will allow customers to access files stored on personal computers on their television set.  Shaw’s efforts suggest the company recognizes customers are increasingly interested in accessing multimedia content with their broadband connections.  Unfortunately, the company’s usage caps preclude customers from doing more than dabbling.

“It’s a PR effort made for the Canadian government and the Canadian Radio-television and Telecommunications Commission,” offers Peek.  “This summer they will be in Ottawa promoting their new broadband speeds as evidence the Canadian ISPs are not the backwater players they’ve always been, all while hoping their usage-based billing schemes will get a pass.”

Peek suggests broadband speed is not Canada’s biggest broadband challenge — the usage caps are.

“If you asked most Canadians if they would prefer 10Mbps service with no cap or 20Mbps service with caps starting at 40GB per month, people will take the slower speed,” Peek says.  “Shaw doesn’t seem to understand that basic message.”

Shaw's usage billing shark is still circling western Canada. The company may have increased speeds, but their 100GB usage cap on the Extreme tier remains.

Shaw’s listening tour across western Canada brought “summaries” from company officials that are being criticized by several Shaw customers who were at the meetings.

“I was at one of the Calgary meetings and the “summary” that showed up after the fact was the work of one of Shaw’s marketing hacks,” says Steve, a Stop the Cap! reader.  “The one thing they left out of the summary is the fact we do not want these caps and that they are not justified by the facts.”

Steve claims Shaw left customer demands for the end of usage caps out of their summaries, even though many customers brought up how much they hated usage-based billing and caps.  But there was plenty of room for customers who asked, “why should low usage customers pay for usage,” something Shaw’s customers in fact don’t do.  Another frequent meme from Shaw — “[customers] rejected the idea of subsidizing high bandwidth consumers.”

“That’s Shaw propaganda designed to fix a pre-determined conclusion around their distorted facts,” Steve says.  “The company presented charts and graphs with their world view and asked customers to comment on them in a focus group-like setting.  If you didn’t know those ‘facts’ were actually company ‘positions,’ you end up debating their numbers on their terms.”

Steve thinks Shaw’s version of “fair” is unique to Canada and would never be accepted in the United States.

“When you have media types parroting Shaw’s claim that practically nobody exceeds their usage limits, it quickly allows the cable company to claim heavy users are abusing the system, necessitating the caps,” Steve says.  “Now that Netflix is here, we’re all going to be heavy users now.”

Marie from Burnaby, B.C. confirmed Shaw’s new Extreme speeds were active as of this evening, noting speed test results of 20Mbps downstream and just over 2Mbps upstream once she reset her cable modem.  But she considers it of little value because of the usage cap.

“This will help our family when we’re all sharing the connection after school and at night, but since the 100GB cap remains unchanged, those faster speeds invite more usage, which will also eventually bring a higher bill,” she writes.

Shaw Communications held the first in a series of nearly three dozen upcoming “town hall meetings” on the issue of usage-based billing, starting with a gathering in Vancouver last evening.

Readers of Broadband Reports are reflecting on Shaw’s management of the meeting, particularly the lack of adversarial tone they anticipated going in. Several in attendance report company executives strenuously avoided arguments with customers and steered well clear of pro-UBB propaganda, which makes considerable sense when gauging the audience, which was likely almost entirely opposed to Internet Overcharging.

“They said they made a lot of mistakes concerning UBB,” one Broadband Reports reader shared. “It was almost a mea culpa.”

Company officials also admitted their usage caps will expose an increasing number of customer to overlimit fees if they go unadjusted — they respect the fact everyone will be defined as a “heavy user” under today’s usage limits in a few years.

“It was probably a bit of PR damage-control, and in that regard they did a good job,” the reader shared.

Another reader in attendance suspect the company misjudged the resulting backlash over UBB.

“It really felt like Shaw got blindsided by the righteous anger over UBB, and they’re truly surprised at how poorly they’ve judged the zeitgeist of their customers,” a reader wrote.

The cozy business relationship of Canadian telecommunications companies, who have maintained comfortable, barely-competitive markets for years might also be an issue of concern, writes one reader.

“They seem to be scared of the idea the cozy business-as-usual approach they’ve been taking [could go] away with the possibility of foreign ownership rules being relaxed or various other game-changing rulings being made. They sure sounded like they’re interested in making concessions [for] customer satisfaction, if only to stave off increased competition from outside Canada.”

Our Take

Stop the Cap! views such public meetings with some suspicion, if only because we have attended a few like these in the past and seen them used as intelligence-gathering operations for a marketing department charged with implementing the pricing schemes on customers.

While Shaw still seems to be holding onto the notion it can bring back a more palatable UBB scheme at the end of its “listening tour,” you can be certain other Canadian Internet providers are engaged in research and focus group testing with a less engaged audience, trying to find “fairness scenarios” that work in the court of public opinion.

As Shaw opens its next meeting in Calgary (and beyond), the best response people can give in these meetings is a clear, unified, and absolute message:

NO UBB.

NOT NOW.

NOT EVER.

UPGRADE YOUR NETWORKS!

The region of Canada that faces the end of flat rate broadband (namely, everywhere)

As soon as you enter into discussions about what represents a “fair amount” of usage, you have lost the argument.  Debating the numbers is their game, not yours.  Is 100GB enough, 250GB? 500? 1000?

What about tomorrow?

What is “reasonable” mean anyway?

“Reasonable” should not be how much Internet you are able to consume at Shaw’s everyday high prices.

Instead, Shaw’s absolutely massive profits demand that upgrades be maintained to accommodate users of their product. Shaw has plenty on hand to manage growth with upgraded facilities from Vancouver to the prairies and still have plenty of money left over.  Their revenue from broadband is soaring.  The costs to deliver it are dropping.

When you go to these meetings, explain politely, persuasively, and persistently that you are not prepared to accept the return of any UBB system, period. That inconvenient truth may be difficult for them to accept, but tell them you have every confidence a company as innovative as Shaw can find a way to keep customers and shareholders happy, and you’ll work with them to that end if they deliver the flat rate broadband experience that your neighbors to the south get.

If the USA and other countries around the world can manage it, so can Canada.