A new report critical of broadband providers’ implementation of usage-based billing and data caps finds providers are not using them to handle traffic congestion, instead implementing them to monetize broadband usage and protect pay television from online video competition.

The New America Foundation and the Open Technology Institute today released its report, “Capping the Nation’s Broadband Future?,” which takes a hard look at the increasingly common practice of limiting subscribers’ broadband usage.

The paper finds that provider arguments for limiting broadband traffic don’t make sense, but do earn more dollars from customers forced to upgrade their service to win a larger monthly usage allowance.

“Although traffic on U.S. broadband networks is increasing at a steady rate, the costs to provide broadband service are also declining, including the cost of Internet connectivity or IP transit as well as equipment and other operational costs,” the reports argues. “The result is that broadband is an incredibly profitable business, particularly for cable ISPs. Tiered pricing and data caps have also become a cash cow for the two largest mobile providers, Verizon and AT&T, who already were making impressive margins on their mobile data service before abandoning unlimited plans.”

The study finds providers are attempting to invent a climate of broadband scarcity, particularly on the nation’s wired networks, to defend the introduction of various forms of Internet Overcharging, including data caps, usage-based billing, and overlimit fees.

The New America Foundation is calling on policymakers to take a more active role in defending online innovation and controlling provider zeal to cap the nation’s broadband future.

The False Argument of Network Congestion

Providers’ tall tales.

The most common defense for usage caps providers put forward is that they curb “excessive use” and impact almost none of their customers. The report points out many of the providers implementing usage caps have left them largely unchanged, despite ongoing usage growth patterns. In 2008, the report notes Comcast measured the average monthly usage of each broadband customer at around 2.5GB. Just four years later that number has quadrupled to 8-10GB. While many customers rely on Comcast’s broadband service for basic e-mail and web browsing, the cable operator has begun to entice customers into utilizing its online video platform, which in certain cases can dramatically eat into a customer’s monthly usage allowance, which remained unchanged until earlier this year.

Many broadband providers are less generous than Comcast, some imposing caps as low as 5GB of usage per month.

“Data caps encourage a climate of scarcity in an increasingly data-driven world,” the report concludes. “Broadband appears to be one of few industries that seek to discourage their customers from consuming more of their product. Thus, even as the economic and engineering rationale for data caps on wireline broadband does not hold up given the declining costs of providing service and rapid technological advancement, the proliferation of data caps is increasing. The trend is driven in large part by a woefully uncompetitive market that allows the nation’s largest providers to generate enormous profits as well as protect legacy business models from new services and innovators.”

The argument that increased usage puts an undeniable burden on providers is untenable when one examines the financial reports of providers.

The study found, for example, Time Warner Cable’s latest 10-K report shows that connectivity costs as a percentage of revenue have decreased by half, from an already modest 1.20% in 2008 to a little over 0.60% in 2011.

In 2012, the company is again exploring ways to introduce usage caps on at least some of its customers, in return for a modest discount.

Upgrade? Spend Less and Charge Customers More Instead!

The report notes cable companies like Time Warner Cable and Comcast, whose networks were originally built for television services and have now been repurposed for broadband as well, are enjoying lucrative profits on
networks that have long been paid off. In fact, Time Warner Cable recently disclosed it earns more than 95 percent in gross margins on its broadband service, with additional rate increases for consumers likely in the near future. The company recently began charging its customers a modem rental fee as well.

Shammo

At these margins, the report concludes selling broadband service to “data hogs” who consume hundreds of gigabytes of traffic per month are still profitable for providers.

As financial reports disclose capital spending on network upgrades continue to fall, operators are instead content imposing usage limits on customers to control traffic growth and further monetize an already enormously-profitable business.

The nation’s largest phone companies also come in for criticism. The report quotes from Stop the Cap!’s coverage of Verizon’s chief financial officer openly admitting it is investing most of its available capital in the highly profitable wireless sector.

“It is clear that in shifting a greater percent of their overall capital expenditures to their wireless segments, Verizon and AT&T are more interested in expanding their dominance in the wireless industry than they are in upgrading DSL or expanding fiber connectivity to provide aggressive competition for residential broadband service,” the report found.

Verizon’s chief financial officer recently made the following statement at an investor relations event:

“The fact of the matter is wireline capital — and I won’t give the number but it’s pretty substantial — is being spent on the wireline side of the house to support wireless growth,” [Verizon CFO Fran Shammo] said. “So the IP backbone, the data transmission, fiber to the cell, that is all on the wireline books but it‖s all being built for the wireless company.”

Wall Street Educates Providers on How to Lead the Way With Data Caps

Although the majority of subscribers loathe usage restrictions on their already-expensive broadband accounts, a vocal group on Wall Street strongly favors them, and routinely browbeats providers on the issue.

Helping educate cable companies how usage caps can protect against cord cutting and further monetize broadband.

The report’s authors discovered some Wall Street banks even invest time and money developing presentations advocating usage caps and consumption billing to protect video revenue. A 2011 Credit Suisse presentation outlined ways usage-based billing can protect cable operators’ video revenues:

“…over the longer term, consumption based billing could reduce the attractiveness of over the top video options (e.g., Netflix and Hulu), as the economic attractiveness of such over the top options could be partially offset by a [broadband] bill that is higher, due to [broadband] overage charges that would be driven by large amounts of data being streamed via a customer’s [broadband] connection.”

Yet most cable operators vehemently deny usage caps and consumption billing are designed to decrease usage or protect video revenue. Credit Suisse and other Wall Street banks and analysts say otherwise, and express little concern over network congestion.

The report finds compelling evidence that data caps have effectively stopped new competitors and online innovation already, noting a Sony executive stated that the company was putting the development of its own online video service on hold, citing Comcast’s monthly usage cap.

The Wireless Cap Shell Game: Caps Protect Scarce Airwaves While Companies Promote More Usage, For a Price

The report also found suggestions of a forthcoming wireless traffic tsunami are greatly exaggerated. AT&T and Verizon Wireless have issued repeated alarmist rhetoric claiming that wireless data’s exponential growth is threatening to overwhelm available network capacity.

But both carriers recently changed pricing models to encourage consumers to bring more devices to their networks, along with suggestions customers upgrade to higher allowance plans to handle the additional traffic generated by those devices. In fact, both AT&T and Verizon Wireless see profitable futures in forthcoming “machine to machine” wireless traffic that will allow cars, appliances and medical devices to communicate over their respective mobile networks. AT&T’s security and home automation system also relies on its own wireless network, offering customers remote access to their homes, chewing up wireless bandwidth as they go.

Despite suggestions from both providers their new wireless data plans would save customers money, it has brought overall increases in the average revenue earned from each subscriber instead.

Eight channels are missing from Raleigh-area televisions.

Time Warner Cable dropped eight analog channels from its lineup in Raleigh recently, advising customers they will need either a digital transport adapter (DTA) or standard set top box to get those channels back.

But one Raleigh customer tells Stop the Cap! those DTA boxes are hard to come by at the moment, forcing some to get costly set top boxes instead.

“We have been told three times by Time Warner Cable there is a multi-week wait for the free boxes, but we can get all the set top boxes we want today, for more than $6 a month each,” complains Rachel, who has three TV’s that need a box solution. “You think they would have waited for enough equipment before they took the channels away.”

Now missing from the analog lineup: C-SPAN, CMT, Oprah Winfrey Network, VH-1 Classics, Discovery Fitness & Health, Lifetime Movie Network, TruTV and the Golf Channel.

Jim DuBreck thought he had nothing to worry about when Time Warner sent him a postcard alerting him those eight channels were only going to be available in digital starting this month. He told ABC11 he already has a digital TV. Time Warner did not tell him that was not enough to keep watching.

DuBreck later learned the cable company not only converted the channels to digital, it also encrypted them. His digital TV would still need either a set top box or DTA. Only he is still waiting for the five DTA boxes for his own televisions.

Time Warner told the station they have seen a much higher demand than anticipated for the adapters. So, there may be some temporary delays before receiving one. DTA boxes are free for two years, set top boxes are not.

Customers better get used to it. Time Warner is gradually converting their systems to digital lineups, so as time goes by, more analog channels will disappear.

Time Warner Cable explained why:

“Moving analog channels to digital frees up capacity in our network to bring customers faster internet like we just did last week when we boosted the speeds of our standard internet service by 50 percent. Providing channels digitally also allows us to offer customers more because it’s dramatically more efficient: We can deliver up to four HD channels, or as many as 12 standard-definition digital channels, using the same capacity as it takes to carry one analog channel.”

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/WTVD Raleigh Cable customer upset over Time Warner changes 12-14-12.flv[/flv]

WTVD in Raleigh helps Time Warner Cable customers understand where some of their analog channels are going.  (3 minutes)

Enjoy arrest and deportation.

If Time Warner Cable was hoping to attract new customers, allowing employees to arrange for their arrest and deportation is probably not the best way to accomplish that.

But that is precisely what happened to a Burlington, N.C., mom who tried to order cable service for her daughter with a fake Social Security number. An off-duty local police officer working part time as a security guard in the cable office overheard the conversation and arranged for the woman’s arrest.

Now 27-year old Lorena Yanez-Mata faces deportation to Mexico because she is in the United States illegally.

Yanez-Mata tried to use her individual taxpayer identification number to order cable service. The cable company rejected that, insisting on a Social Security number. So she arrived at the cable store with a counterfeit card with a random nine digit number.

When the security officer overheard the conversation, Time Warner Cable says he acted on his own initiative to contact local police, who arrested Yanez-Mata as soon as she left.

Yanez-Mata was charged with obtaining property by false pretense because of the phony Social Security number. But her prospects are likely to be more serious when she arrives in a Charlotte immigration court for possible deportation.

Time Warner Cable tried to distance itself from the debacle, claiming it is against their policy to share personal information with law enforcement and the security officer was not following any company procedure or direction. The cable company has no interest in bringing charges against the woman.

The company did not explain what would happen to the security officer who apparently disregarded the cable company’s policies when he choose to share potentially confidential, personal information with authorities. Nor did the company say whether it planned to issue new directives to avoid similar situations in the future.

Although Triad area residents and the local media used the incident to debate the issue of illegal immigration, another question remains: should an off-duty police officer working as a security guard act on private information he overhears and initiate a police investigation contrary to the interests of his employer?

[flv width=”604″ height=”424″]http://www.phillipdampier.com/video/WFMY Greensboro Burlington Mom Faces Deportation After Trying To Get Time Warner Cable 12-12-12.flv[/flv]

WFMY-TV in Greensboro used the story of the Burlington mom to address the larger issue of why people illegally immigrate to the United States. We are wondering how Time Warner plans to handle employees sharing customer information with the authorities. (2 minutes)

Time Warner Cable today launched a major update to its free TWC TV app for iPad that will introduce on-demand access to more than 4,000 TV and movie titles from 91 different providers.

Existing Time Warner customers can access both standard definition and HD content, with plans in place to regularly refresh available titles.

But DVR owners are still out of luck — no application from Time Warner other than its Whole House DVR service will let you remotely watch recorded shows stored on your digital video recorder.

Time Warner Cable’s blog outlined the major upgrades in the new release:

1. On demand – Over 4,000 TV shows and movies from 94 providers

• FF / REW / Pause using standard iOS player controls (FF disabled where required).
• Browse by TV Shows, Movies, Kids or network.
• Search – search the On Demand catalog by title.
• Parental control – Channel blocking (network based parental control) is enforced for both TWC TV live and on demand content. To block channels, visit myservices.timewarnercable.com.

2. Live TV guide – now features “recently viewed channels” button to quickly recall previously viewed live TV channels.

3. Numerous performance enhancements and bug fixes have been implemented to improve the overall user experience.

Fuhr

Joseph P. Fuhr Jr. is a real helper. An economics professor at Widener University and a researcher for the Coalition for the New Economy, Fuhr spent time pondering America’s current debt crisis and impending “fiscal cliff” and has come up with some ideas on how to solve it, starting with ending support for community-owned broadband networks. He shared his findings in a guest column printed the Tallahassee Democrat.

“Generally, [these networks] add to the debt load of the municipality that runs them, a burden that certainly has come true in Florida,” Fuhr warns.

Ask most people where the government spends too much and many will suggest corporate welfare, the military, Medicare/Medicaid, or outdated government programs that have outlived their usefulness. Professor Fuhr thinks the gristle that must go comes from about 100 “government-owned broadband networks,” which he labels as “GONs.”

Perhaps that acronym is partly wishful thinking, because Fuhr does not see much use for municipal or public utility broadband, even in areas still waiting for large phone and cable companies to provide the service.

“Of course, not all Floridians are fortunate, not all have access to high-speed broadband, and they should,” writes Fuhr, despite the fact commiserating with the broadband-less does nothing to extend the service to those still using dial-up connections. “However, this service is one that the private sector is able and willing to provide given the correct incentives.”

Incentives. Like taxpayer-funded tax breaks, grants, and rebates?

Fuhr has no problem advocating for taxpayer-funded incentives for private corporate broadband providers, but he opposes directly funding an independent, community-owned broadband service. But it really should not come as a surprise. Fuhr’s sudden interest in cutting public broadband to save us from falling off the fiscal cliff is not really by random chance.

Although readers of the Democrat will probably never learn the “Coalition for the New Economy” is actually a front group largely funded by AT&T, Time Warner Cable, and other telecom industry players that have to compete with community broadband providers, our readers now do.