Here today, Gone today. T-Mobile withdraws a prepaid plan hours after sending press releases about it. (Image: TmoNews)

Imagine if your “unlimited” phone line came with a hidden limit — after 50 calls a month, each additional call would take at least five minutes to complete.

In the data world, speed throttles for “heavy users” deliver a similar frustrating experience.  That is what makes T-Mobile’s newly-announced “unlimited” use plans so ironic.  They are not truly unlimited at all.

T-Mobile’s “Even More” plan ($79.99) announced today for their contract/postpaid customers promises unlimited calls, texts, and data sessions with a very big asterisk — after using 2GB of data in a month, the company will throttle your data speed to near-dialup until your next billing cycle starts.

Providers routinely claim this doesn’t represent false advertising because you can still use data services on your phone, as long as you are willing to wait… a… very… long… time….

T-Mobile also managed to take back an announced plan for prepaid customers literally hours after seeding press releases to as many news agencies as possible.

In our copy, “Even More Plus” was supposed to deliver the same features as “Even More,” but at a much lower price — $59.99 per month.  It too was sold as “truly unlimited” for all of five hours before company officials yanked it, perhaps realizing their prepaid plan threw their postpaid/contract customers under the bus — charging them $20 more a month for same plan prepaid customers were to get for less.

TmoNews, home to a number of employees willing to share inside information about T-Mobile’s business, shared a copy of a notification message telling employees to avoid signing people up for the cheaper prepaid plan — it has been withdrawn.  But if customers insist, T-Mobile will agree to let you have the lower price, but only if you call by the end of today.

We noted with interest T-Mobile labels what they sell as “truly unlimited data” as the “$20 (2GB) feature” add-on in their own internal sales system.

Jeff, a Stop the Cap! reader grandfathered on an earlier T-Mobile data plan says it’s classic “bait and switch” advertising.

“My data plan offers 5GB of usage before the speed throttle kicks in, and now T-Mobile is advertising a 2GB data plan that they call ‘unlimited’,” Jeff notes. “A T-Mobile rep actually tried to tell me the new plan was better than the one I have now, which is the kind of new math that will make T-Mobile’s marketing department fit in real well with AT&T if this merger is approved.”

Visions of higher broadband bills for consumers... complete with usage limits.

In our continuing campaign to call out shallow analysis of Internet Overcharging, we present today’s latest example from Strategy Analytics.

This group, which claims to be “a leading expert on telecommunications tariffs research and analysis” for OECD and EU operators and regulators offered this gem: (underlining ours)

As and when these caps come into force, users will doubtless complain – much as they did with mobile broadband caps. Some will worry about overage charges, while others will bemoan the fact that the caps are set so high that they are paying for bandwidth they simply won’t use (which is kind of ironic, if they have come from a world where they were paying for unlimited usage). From a provider perspective, it is very much a case of damned if you do, damned if you don’t. The ‘trick’ for them is to strike the right balance between fairness – if you use, you pay – and simplicity/transparency, by not creating too many layers around broadband pricing.

We can probably expect to see providers follow AT&T’s lead in fixed broadband pricing. But before the critics start on the inevitable tirade against them, it is worth remembering that genuine flat rate pricing across comms services is not as prevalent as we would all like to believe – a closer look at service terms and conditions will reveal that.

The “critics” Strategy Analytics wants to lecture are consumers.

In nearly three years of covering Internet Overcharging schemes as our main focus of interest, we have never… we repeat never, heard of anyone complaining their home broadband provider delivered ‘too much’ usage allowance.  In fact, consumers who complain about broadband pricing point to relentless rate increases, particularly when they come on top of usage limits and/or speed throttles.

The only “strategy” on offer from this group is an apparent interest in raising consumer broadband bills with price tricks.  The ultimate in simplicity and transparency is today’s enormously profitable unlimited use broadband service that has raked in billions in profits for cable and phone companies.  Consumers need not think twice about every website they visit, providers don’t have to deal with billing confusion, customers are given the opportunity to buy faster speed tiers at a premium price that actually delivers value without restricted use provisions.

The group also claims unlimited broadband is not as ubiquitous as we might believe, hinting use restrictions can be found in Acceptable Use Policies.  The truth is, those restrictions which allow a provider to control traffic that proves harmful to the network (bot attacks, hacking, and viruses) or other customers (spam bombs, commercial use of residential accounts, running a server) have always been a part of Acceptable Use Policies since phone and cable companies started selling service.  Most providers responsibly enforce these provisions not as a backdoor usage cap, but to prevent activities that clearly create demonstrable problems for the provider or other customers.  Few consumers object to them.

BitTorrent, the company behind the popular file sharing protocol routinely blamed by providers for overburdening broadband networks and by Hollywood for distributing pirated content, took a tentative step today to oppose Internet Overcharging schemes.

Eric Klinker, CEO wrote a guest piece for GigaOM calling out AT&T for its announced 150-250GB usage caps:

While the trend toward metered bandwidth is not inherently pro-consumer, ISPs have staked out a singular public rationale: data caps are necessary to limit the consumption of “bandwidth hogs” in order to protect the network experience for everyone else. Such concepts are simplistic and easy to imagine. They are also completely wrong.

And with that, Klinker stumbled into a public relations and marketing effort defending the company’s culpability for increasing broadband traffic, and proposing a resolution for their ‘part of the problem’:

Since any data traffic that doesn’t induce congestion on a fixed cost network is essentially free; applications can voluntarily play a role in traffic prioritization. And since BitTorrent is a high percentage of global Internet traffic, we have a responsibility to be a part of the solution.

This was the primary motivator around our release of a new protocol a year ago, called µTP. The protocol essentially senses congestion and self-regulates to avoid contributing to Internet traffic jams.

Because µTP can never induce network congestion, it doesn’t contribute to an ISP’s cost. An ISP still has regular network maintenance expenses, but remember, with a fixed-cost network, traffic only becomes an economic burden if it contributes to congestion and forces the need for expansion.

As a result, µTP is exceedingly friendly to ISPs and their business model. µTP is open-source, and we invite application and cloud services providers to work with us directly or in the IETF’s LEDBAT working group in the ongoing innovation and usage.

Klinker

Some providers and their allied interest groups have disputed the diminished impact Klinker cites as a benefit of µTP, but in provider-world, the BitTorrent “problem” is rapidly becoming yesterday’s news anyway — online video is the new boogeyman.  NPD Research just released numbers showing peer-to-peer use has dropped from 16 percent of all U.S. Internet users to 9 percent over the last three years.

After making a spirited sales pitch for what he hopes will represent peer-to-peer 2.0, Klinker surrenders on behalf of everyone else, arguing the solution to America’s ‘broadband crisis’ is speed throttles during peak usage periods, and time of day pricing.  Klinker suggests broadband users might need to plan their “on-demand” viewing well ahead, or face the kind of “congestion pricing” Londoners face if they attempt a journey by car into the city center at high noon.  Klinker suggests Netflix customers should pre-schedule downloads of their movies the night before watching them, or else pay a fee for instant gratification.

That assumes, of course, you know what you want to watch the day before you do, that you can download Netflix content (you cannot), and that you didn’t remember you could accomplish the same thing if Netflix shipped the DVD out to you by U.S. Mail.

Are broadband rationing coupons far behind?

Klinker’s willingness to submit his own company’s peer to peer technology to provider speed throttles is likely to earn him a dressing down by investors wondering what the future holds for a protocol that can be dosed with Xanax at provider will.  Handing over the power to make your file sharing technology painfully slow and frustrating is likely not going to win new converts, either.

Before willing to subject everyone to solutions for broadband providers’ scary predictions of a broadband exaflood, would it not be better to actually obtain verifiable evidence there is a congestion issue in the first place?

A small wireless ISP owner who regularly complains about Net Neutrality and an industry friendly group that opposes broadband oversight were the handpicked guests at a hearing held today to investigate Net Neutrality.  Only one witness, Gigi Sohn from Public Knowledge was there to defend the important consumer net protection principle.

The hearing, held by the House Judiciary Subcommittee on IP, Competition and the Internet was among the first held in the new Republican-controlled Congress, which overwhelmingly opposes Net Neutrality.  It opened an opportunity for Net Neutrality-opponents to attack the watered down rules, adopted by the Federal Communications Commission last December.

Laurence “Brett” Glass, owner of Lariat, a wireless ISP in Laramie, Wyoming, is a familiar name to those who follow comment sections of public interest websites and newspapers.  Glass regularly attacks the concept of Net Neutrality and favors Internet Overcharging schemes, if only to protect revenues on his bandwidth-limited wireless ISP.

Glass told Congress adoption of even the FCC’s watered down regulations will put his company’s future at risk because they could be interpreted to allow “servers” on his network.  Andrew Schwartzman, a net-neutrality proponent and senior vice president at the Media Access Project, says the restriction could technically violate rules, but only if it was argued as a prohibition of attaching server hardware/equipment.

“He is describing a practice which would violate Michael Powell’s 4 principles from 2005 (I think) since it allows end users to attach any device,” Schwartzman said in an e-mail to The Hill.

Of course, the watered down Net Neutrality regulations exempt wireless networks, and Glass’ argument ignores the long-recognized concept of the Acceptable Use Policy, which prohibits network activities that can create problems for the network itself or other customers.  The FCC moving in to crush Lariat over such a scenario is hard to imagine in any case.

Larry Downes, another witness, represents the Big Telecom-friendly TechFreedom, which loathes industry regulations that could impact big players like AT&T and Verizon.

Downes argued the Net Neutrality rules were slipped in during the Lame Duck Session to avoid Republican scrutiny on Capitol Hill and are completely unnecessary.  Downes argues:

• There is no need for new regulation because there were never any serious violations (ignoring the Comcast incident that interfered with network traffic and the subsequent adventures (by others) this year on the wireless side where content access is being repackaged and sold by third parties based on access and usage).
• Enforcement mechanisms are complex and expensive: It costs too much to investigate, so why bother?
• Exceptions reveal a profound misunderstanding of “the Open Internet”: Downes argues today’s well-accepted concept of speed equality and agnostic network management are simply popular with consumers and irrelevant to the technical workings of the Internet itself.
• The FCC lacked authority to issue the rules—and likely knew it: By not invoking appropriate authority, the FCC’s new Net Neutrality policies may fail to pass court scrutiny.

Downes favors a different kind of net freedom — one for corporations to treat the online ecosystem as they please and let the free market sort it out.  If you are served by two providers who believe in Internet Overcharging schemes and speed throttles, so be it.  If you’re lucky enough to be served by a provider that supports today’s online experience, lucky you.

The FCC evidently was not invited to testify about their own policy.  Instead, Public Knowledge’s Gigi Sohn argued for Net Neutrality, but even she complains the FCC’s current provisions of that policy don’t go far enough.  Public Knowledge is planning a pushback against Republican-led efforts to repeal Net Neutrality in a campaign launching later this week — The Internet Strikes Back.

(Click the image on the left to enroll in the campaign and participate in the effort to stand up for Net Neutrality this Thursday.)

Public Knowledge:

You – the Internet – are going to make it clear that ISPs cannot be gatekeepers and do not get to choose which websites work and which websites do not work.  You – the Internet – will tell all of Congress to join the 105 Representatives who have already come out clearly in support of a free and open Internet.

Verizon Wireless isn’t entirely rolling out the welcome mat for new iPhone customers.  PreventCAPS, one of our regular readers, dropped us a note indicating Verizon quietly added something new to the terms and conditions for new customers as of Feb. 3rd, which just so happens to coincide with the date the company started taking orders for the Apple iPhone — it reserves the right to throttle your speeds and “optimize” your browsing experience with caching and network management techniques that could reduce the quality of online videos and other bandwidth-intensive graphics.

Important Information about Verizon Wireless Data Plans and Features

As part of our continuing efforts to provide the best experience to our more than 94 million customers, Verizon Wireless is introducing two new network management practices.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit www.verizonwireless.com/vzwoptimization

If you subscribe to a Data Plan or Feature on February 3, 2011 or after, the following applies:

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

These kinds of “network management” techniques, which include speed throttles, reduced quality graphics, and caching (which can result in stale web pages being served to your mobile device), are all made possible by the Federal Communications Commission’s failure to implement Net Neutrality protections for wireless providers.  While Verizon stresses it will treat all content to the same network management techniques equally, the “improved” broadband experience Verizon claims to offer is more likely to improve the company’s bottom line from reduced spending on network upgrades.

Like most providers, Verizon isn’t willing to be specific about what amount of usage is likely to trigger the throttle, why it needs to be maintained for the remainder of the billing cycle even when network congestion is not a problem, and what speed customers will be stuck with for the rest of the month.

Broadband Reports reached out to Verizon for specifics and discovered the provider has not actually implemented these measures… yet:

“The notice yesterday simply reserves the right for new customers or renewing their contracts,” Verizon spokesman Jeffrey Nelson tells Broadband Reports. “We’re reserving the right to actively manage the network in specific ways should that need exist – and only for customers who are under contract that includes that provision,” he says. “Because this is down the road – if at all – it’s too early to tell what those triggers might be, or what throughput limitations would look like.”

Verizon may be concerned about the potential impact millions of data-craving iPhone customers will bring to its network in the coming weeks.  Existing customers with Android devices or Blackberry handsets are safe for now — the provision only impacts customers who sign new contracts as of last Thursday.

Verizon says it will retain its unlimited data option (with the right to throttle service) for a “limited time only.”