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.”

"It's like night and day."

Tim pays Time Warner Cable around $45 a month for 10/1Mbps service.  Jake pays Comcast $35 a month for 12/2Mbps service.  Neither reader of Stop the Cap! actually receives those speeds once the sun goes down, however.

Jake, who lives in a neighborhood near Philadelphia populated by loads of college students watches his download speed plummet to 4Mbps in the evening, even lower on weekends.  Tim, a reader in the North Ponds Park region of Webster, N.Y., does even worse — 1.2Mbps evenings and weekends.

Neither reader is alone.  The disparity in marketed speeds vs. actual speeds reveals the truth about cable modem technology — if not properly managed, congestion can bring the broadband party to a sudden halt (or at least rebuffering.)

Both are examples of “overselling,” the practice of piling too many customers onto too small a broadband pipe.  If nobody is using the connection in the neighborhood, speeds are great.  But as students get out of class and mom and dad get home from work, everyone wants to be online.  Soon enough, the pipeline gets filled and speeds drop as the network tries to accommodate everyone.

Most cable companies use fiber optics to bring a limited amount of bandwidth into individual areas of their network.  Some might cover the better part of a town, others only a few city blocks.  Every customer in the area shares that bandwidth.  Cable companies monitor these connections looking for signs they are becoming overcongested during peak usage times.  When those alarms start sounding consistently, companies are supposed to upgrade the area (or divide it up) to keep broadband service working close to advertised speeds.

But some companies are waiting until broadband service becomes practically unusable before spending the money to upgrade their networks.

“I knew they were overselling this area when I noticed downloads speeds fell off the cliff, but the upload speed was near normal,” Jake writes. “The time of day also tells the story.  Starting after 4pm, speeds begin to drop and become downright terrible after dinner and on weekends.  Sunday night is always the worst.”

It’s a similar story in west Webster, near Lake Ontario, where neighborhoods several miles apart all watch their Road Runner speeds slow to a crawl.

“Browsing is slow, downloads are painfully slow, latency is very high and streaming any sort of video online is impossible,” Robert, another Webster resident, told Time Warner Cable (and us).  “I have been a customer since 1998 and for me to not even be able to download at a 1 Megabit speed when this service is supposed to be 10 megs (and more with PowerBoost) is inexcusable.”

The problem of overselling is also common in larger cities like New York and Philadelphia, where some neighborhoods endure “broadband” speeds that resemble “dial-up” when customers pile on the network.

“Comcast says they never see a problem and have repeated that to me over and over, even when they send a truck out,” Jake tells Stop the Cap! “Of course, their truck rolls in the daytime when there isn’t a problem.”

Time Warner customers in eastern Monroe County have been told the cable company is well aware of the congestion problems, and technicians dispatched to area homes candidly admit the company has not kept up with the growth of new housing developments.  Several customers have asked for, and won, several months of service credits for broadband they simply cannot use.

Tim says the entire affair has left him with doubts about Time Warner’s reputation to provide quality broadband service.

“At one time, I considered myself a candidate to upgrade to Time Warner wideband when it became available,” he tells us. “My thinking on that has changed and I am looking into viable alternatives to Time Warner. Money has become of less importance to me than principle, and I may end up with a higher cost solution than staying with Time Warner.”

Ground Zero Bandwidth: The impacted area of Webster, N.Y.

With our encouragement, these customers (among others) have filed complaints with the Better Business Bureau and have tried to get attention focused on their neighborhoods.

A broadband speed test in Webster, N.Y.

A representative of Time Warner today told Robert the company has confirmed Webster has a problem and it is being worked on, but no specific date has been offered when things will return to normal.  He received a credit for one month of service.

Jake wants answers about how a company the size of Comcast can ignore a problem of this magnitude.

“Is it really about the money,” he asks.  “This company just bought NBC and doesn’t have the resources to sell Internet service that at least comes close to the speeds they advertise?”

Stop the Cap! advises customers with speed problems to make your feelings known.  The squeaky wheel gets the upgrade.  Start with customer service and work your way up.  Demand service credits, an in-person repair visit to check your lines, and then escalate complaints to supervisors and social media networks like Twitter and Facebook.  Also consider contacting local media “consumer reporters,” and file complaints with the Better Business Bureau.  Sooner or later, a manager will escalate your case to a department that is empowered to authorize upgrades without red tape.

Considering the enormous amount of revenue earned from selling broadband service, it is only fair to expect you will have access to something close to the speeds offered when you signed up.

Netflix today released statistics showing Frontier Communications was America’s worst ranked wired Internet Service Provider, ranking at the bottom for quality and speed when using Netflix’s streamed content.

Only Clearwire, a heavily-throttled wireless provider scored worse than Frontier Communications.  This says nothing good about Frontier considering they are a wired provider.

Charter Cable scored highest — a surprise from a company that scores near the bottom in Consumer Reports broadband rankings:

Charter is in the lead for US streams with an impressive 2667 kilobits per second average over the period. Rogers leads in Canada with a whopping 3020 kbps average.

Canada’s higher speed performance comes even as providers claim they need to implement Internet Overcharging schemes to handle congestion on their networks — congestion not apparent from Netflix’s online video performance. Perhaps Canadians have been already grown accustomed to avoiding too much online video.

Netflix promises to release their streaming performance statistics on a monthly basis. Track your ISP from the charts below:

Netflix USA Speed Rankings

Netflix Rankings for Canada

(Our reader Paul sent us a news tip about this story.  You can send yours using the Contact Form linked above.)

Shaw sets the bar lower.

Shaw Cable, western Canada’s largest cable company, has quietly lowered usage caps on virtually all of their broadband plans, while “forgetting” to change the date on their Terms of Service:

• Lite was 13GB, now increased to 15GB ($2/GB overages)
• High Speed was 75GB, now decreased to 60GB ($2/GB overages)
• Xtreme was 125GB, now decreased to 100GB ($1/GB overages)
• Warp was 250GB, now decreased to 175GB ($1/GB overages)
• Nitro was 500GB, now decreased to 350GB ($1/GB overages)

Shaw’s terms of service page documents changes implemented by the cable company and includes the revision date, changed whenever the terms change.  Not this time.  Blogger “Thewunderbar” documented Shaw left the revision date on the document unchanged, suggesting the cable company hadn’t made any adjustments to their service since July, 2010.  After publishing his piece, Shaw quietly updated their website to reflect the correct date.

Cable and phone companies in Canada have established a unique, unchecked duopoly.  They are systematically increasing prices while decreasing the amount of service provided to Canadian consumers.  Shaw’s decrease in usage limits comes with no corresponding price cut for Internet service.

At a time when Netflix streaming is attempting to make inroads into Canadian homes, broadband providers who also have interests in pay television (cable, phone or satellite) are working overtime to make sure no consumer believes they can safely cancel their cable-TV service and watch everything online.

Over the past four years, Canadian ISPs have embarked on a wide range of Internet Overcharging schemes:

• The elimination of flat rate, unlimited broadband service;
• The introduction of low usage allowances designed to trip up an increasing number of consumers leading to,
• The introduction of stinging overlimit fees for customers exceeding usage limits, at prices marked up from 500-5000 percent above wholesale;
• The introduction of speed throttles which artificially slow your broadband experience to speeds sometimes just above dial-up;
• The ongoing limbo dance of usage caps that decrease in size over time, exposing more consumers to overlimit fees, making them think twice about everything they do online.

Nobody has successfully monetized the broadband experience like Canadian ISPs have.  Even as their costs to deliver the service continue to rocket downwards, companies keep on increasing prices, exposing Canadian consumers to unwarranted bill shock from unjustified overlimit fees.  What does it cost Shaw per gigabyte?  An estimated 1-3 cents.  What do they charge you?  Up to $2.

It’s nothing short of a rip-off, and Stop the Cap! urges Canadian consumers to contact their member of Parliament and demand immediate action to ban these innovation-killing, job-retarding, unjustified overcharging schemes.

"If you have to ask how much, you can't afford it."

Knology, which bought out Sunflower Broadband last year, has elected to carry forward the old owner’s Internet Overcharging schemes, charging broadband customers penalty rates for exceeding their usage allowances.

The company’s explanation for their overpriced bandwidth comes with a tall tale about their competitors they simply made up out of thin air:

Data transfer allotments allow Knology to offer higher speed service with lower prices. Unlimited, open usage plans offered by other providers typically employ network controls to slow down the high usage customers.

That’s news to us, and to their nearest competitor AT&T.  They deny speed throttling any of their U-verse or DSL customers.

While the company’s download speeds are impressive — up to 50Mbps — their upload speeds are not, topping out at a paltry 1Mbps.

Knology's pricing is nearly identical to its predecessor Sunflower Broadband, except for the $5 rate hike for its most popular Silver plan.

Knology claims they expand usage allowances based not on network capacity, but by the percentage of customers they gouge with overlimit fees:

Data transfer allotments: Each level of internet above includes the amount of data transfer indicated measured in Gigabytes (GB). The data transfer allotments are increased regularly, based on usage patterns, to ensure the number of customers who go over their allotments remains under 10%. Additional GB of data transferred beyond the allotment is billed at $1.00 per GB if not purchased at a discount before the end of the billing period. The percentage of Knology customers charged for extra data transfer beyond their allotment was 6.1% in April 2009.

Paul Bunyon, Knology's new director of marketing

Bemusingly, customers with time machines who can travel into the future and determine they will exceed their allowance for the month can pre-purchase an increase in their usage allowance at a discount.

No time machine?  Then you either pay the standard overlimit rate, watch your usage like a hawk, or potentially over-buy excess usage that expires at the end of the month.

Customers tell Stop the Cap! the company’s single, unlimited use package is “the same piece of garbage it always was,” writes Larry who lives in Lawrence.  He had high hopes Knology would do the right thing and abandon Sunflower’s overcharging schemes.

“Apparently not, and after a month with their unlimited service, I have scheduled my U-verse installation with AT&T,” Larry writes. “Even on Knology’s limited packages, they don’t provide the speeds they promise.”

Larry also says the higher speed tiers Knology offers deliver diminishing returns.

“If their uplink is congested, or the web sites you visit are busy, it won’t matter if you have 10Mbps or 50Mbps — the speed is effectively the same,” he says. “Besides, upload speed is more important these days and 1Mbps is just plain lousy in 2011.”

“Bye, bye SunKnology.”

Sunflower's Old Broadband Plans & Pricing (February 2010)