Talking Points

One of the grand mysteries of the entire “broadband can no longer be unlimited” argument is the incredible range of usage caps cable operators and telephone companies suggest are required to keep them from going the way of the U.S. auto industry.  Broadband providers doing capping will swear that their cap model is the only one that is “fair” and “protects consumers” and “allows us to make required upgrades.”  Once those arguments are recited in a unified chorus, corporate spokesfolks zig zag their way all over the place explaining why their 5/40/150/250GB cap is fairest of them all, while trying to ignore those providers who are quite happy and profitable with no cap at all.  The customer is the last person they ask, because they know the answer from most will be, “no cap at all.”

This bring several questions to the table:

• Can you provide us with the raw data that illustrates there is a major problem with the current unlimited broadband model and that it cannot sustain profitability except with usage caps?
• Can we obtain independent analysis of that data by a third party and/or put together a conference of business, public, and educational groups to consider new possibilities to deal with what is rapidly becoming a utility-type service?

The answers to those questions have been, by all major industry players, an emphatic “no.”  You are required to take their word there is a problem and their solution is the only one that works.  And, for that matter, take their word they have an infallible way to measure and bill for usage under a consumption based model.  You can independently verify your usage all you want, as long as you pay the bill they send you with their own usage measurement.

It’s not that we’ve been the only ones asking.  Broadband Reports has the same questions we do, and asked for the hard data to prove that flat-rate pricing is simply untenable going forward.  And here was their response:

“We’ve shared our analysis of our data. We’re not going to share raw data…just not going to happen.”

Okay then, I guess that settles that!

That provokes us to first ponder whether there actually -is- a crisis in the flat rate broadband industry at all?  A press release or a claim by a company official isn’t evidence of anything.

Assuming we will never get a satisfactory answer to that question, how about these:

• Why can a company like Time Warner be unable to survive with flat rate pricing in Rochester, Austin, San Antonio, and Beaumont, but can deliver faster speeds with no cap in cities where they face strong competition from uncapped providers?
• If the company was interested in an honest assessment of marketplace reaction to usage caps, why not test in communities with the most robust and challenging competition?
• Why should customers not be deeply offended for being involuntarily turned into guinea pigs and be expected to pay more for a dramatically reduced level of service?
• Why is the nation’s largest cable operator Comcast able to deliver service with a 250GB limit at their current pricing, Verizon FIOS is able to deliver a product line twice as fast as Time Warner with no usage cap at all, and the nation’s second largest cable operator Time Warner needs consumers choosing a meager 20GB tier to not only pay $10/month more than their current unlimited service, but also pay a penalty of $1 for every extra GB?

That old axiom about pricing what the market will bear comes to mind, particularly considering the fact Time Warner is only interested in “gathering facts” from cities where the competition is limited.

The fact the Internet of the last few years is becoming an increasing threat to the video side of the cable industry may also have something to do with it.  That will be the subject of an upcoming Talking Point.

Usage Caps on Selected Broadband Service Providers

Charter Cable – Cap starts at 150GB for “light user” plan, removed entirely for deluxe plan (60Mbps service) – Violators are asked to select higher tier service or face account suspension – No meter yet

Comcast Corporation – Residential accounts limited to 250GB usage per month – Violators face account suspension – Tracking meter provided

Time Warner Cable – Residential accounts limited to 5-40GB currently, Violators face $1 per GB overage fee – Tracking meter to be provided

Verizon FIOS – Residential accounts are unlimited.  No violation, no tracking meter required

Here’s a project everyone can work on tonight.  Place your rebuttals in the Comments section and I’ll compile them along with my own thoughts later this evening and we’ll have something everyone can fire off to Mr. Simmermon.  By the way, in case you were wondering, color me unconvinced.  Hat tip to a friendly Time Warner employee who passed this along to StoptheCap!

Statement From Time Warner Cable’s Chief Operations Officer on Tiered Broadband Trials

Time Warner Cable customers,

We have heard a lot of feedback and commentary about our upcoming expanded consumption-based billing trials in Texas, North Carolina and New York state. Some accounts have even characterized our plans as punitive. Nothing could be further from the truth.

We continue to make improvements to the infrastructure which will allow us to offer the following new services in the tiered broadband test markets:

1) Wideband service (DOCSIS 3.0) — speeds up to 100mbps, as available

2) Higher speeds for existing standard and turbo services

3) Powerboost to all standard customers

With regard to consumption-based billing, we have determined that as broadband usage and penetration grow, there are increasing differences in the amount of bandwidth our customers consume. Our current pricing plans require all users to pay the same amount, whether they check email once a month or download six movies a day. As the amount of usage has dramatically diverged among users, this is becoming inherently unfair and not the way most consumers want to pay for goods they consume.

When you go to lunch with a friend, do you split the bill in half if he gets the steak and you have a salad?

However, we are not conducting these tests in a vacuum. We have heard customer feedback, and understand that a 40 GB tier seems low to heavy Internet users.

We are developing a “super – tier” now that allows for up to 100 GB of broadband usage per month in all of our test markets. We haven’t confirmed pricing details as of this moment, but you have my word as Chief Operating Officer of Time Warner Cable that we will make this tier available to our customers.

We’re also providing a “gas gauge” tool to our customers so they can see how much bandwidth they’re using as they go along, and to make it easier for them to move to the tiers that best serve their needs.

Please bear in mind that this is still a test. We are approaching this as a test because broadband consumption and the internet itself continue to evolve rapidly and in ways no one can foresee. As we continue to hear from our customers — and as broadband consumption continues to change — we will adjust our tiers to make sure that we offer something for every family. We want to allow households to pick the data plan that works the best for them.

Furthermore, I am convening a series of meetings this week to develop plans that will allow customers to choose among tiers that provide tradeoffs between speed and consumption. If one family prefers to have lower download speeds but a higher data tier, or vice-versa, we want them to be able to make that choice.

We’d like to make enough speed and data tiers available so that it’s possible for customers to reduce their monthly Internet bill based on the choices they make. Obviously this is still in the planning stages and details are fuzzy, but this is a priority for me this week.

I think that such pricing options are not only fair, but also will actually encourage more use of broadband overall.

Your feedback is important to us during these tests, too. We encourage you to email your reactions and comments to us at [[email protected] ].

We can’t respond to everyone individually, but we will review your thoughts and comments internally and use them to try to improve our services and options going forward.

Again, thank you for your comments and input. We hope this helps to explain why we think testing new pricing models that give people greater choices and control over how much they pay for internet service is a positive development for our customers.

Landel Hobbs
Chief Operating Officer
Time Warner Cable

For questions, contact:

Jeff Simmermon
Director, Digital Communications
Time Warner Cable
[email protected]
Twitter: jeffTWC

Sue Polinski just happened to be Road Runner’s very first customer in Greensboro, N.C., and according to the Greensboro News & Record, she’s hopping mad at Time Warner over their plan to start rationing her neighbors’  Internet.

“Greed,” Polinsky said. “That’s all it is.”

A new bumper sticker from Thayer Design - thayerdesign.myshopify.com/ (Hat Tip: Dan)

Polinski started a long term customer relationship with Time Warner in the 1990s, when Road Runner was introduced to the city of Greensboro.  She runs a home based Internet business and has a Road Runner business account, which means she’ll not have to deal with the cap.  But her anger remains the same.

“Even the highest cap of 40 gigs is just ridiculous,” Polinsky said. “They’re designed so that customers will go over.”

To prove her point, Polinsky downloaded a free program called Freemeter on Thursday night. The program allowed her to monitor her data usage on what she thought of as a light night — watching some “ER” online, a few YouTube clips, sending a couple of e-mails before bed. That activity took about 45 minutes, she said. It cost her almost a gig in data usage.

“I’m one person who just did those simple things,” Polinsky said. “Can you imagine how many gigs a family of people who all get on the Net are going to use in a month? Can you imagine what it’s going to cost them?”

Polinski has been something of an Internet broadband evangelist in Greensboro, advocating for wi-fi access in downtown Greensboro. And she’s wholly unconvinced anyone will ever save a penny on their cable bill from this new usage cap scheme.

“The cheaper we make good Internet access, the fewer poor people have to go without it, the more grandmas and grandpas are going to get online,” Polinsky said. “And Time Warner’s saying that by offering lower-cost plans with very low data caps, they’re allowing more people to get Internet. That’s just not true.”

As Polinsky and other angry customers have pointed out, Time Warner already offers Road Runner Lite for about the same price as its new five-gigabyte plan. The new plan would offer no economic incentive to people hesitant about paying for cable Internet. The only thing new is the data cap.

“That’s not a move to enfranchise people, to bring them into getting quality Internet service,” Polinsky said. “That’s setting deliberately low caps that will end up costing almost everyone more money in extra charges.”

StoptheCap! has learned that Frontier Communications will officially pull the rug out from under Time Warner and announce it will not be imposing any usage caps or rationing plans in the metropolitan Rochester (area code 585) service area, giving the DSL provider a potential competitive advantage in the area.  The company still reserves the right to revisit the matter should their network be completely overwhelmed, but company officials also stated that they are fully equipped to handle the traffic they are getting now.

A well informed source within Frontier told StoptheCap! a company memo is being circulated to educate customer service representatives about the decision and answer questions from potential customers switching from Road Runner. This may have come in response to a bonanza of new subscribers Frontier is picking up this week from customers canceling Road Runner service. Company officials are internally considering a new marketing campaign to blitz Rochester area residents with information about Road Runner’s punitive caps, and that Frontier will not be imposing those caps on its customers.

There has been speculation that one of the reasons Rochester was chosen as a “test city” for the Road Runner rationing plan was because of last summer’s attempt by Frontier to impose its own usage cap, of just 5GB per month. Rochester is the only major city in New York that is not being wired by Verizon for its FIOS – fiber to the home broadband service, which does not have any usage caps. Time Warner officials may have presumed that with their draconian usage caps, Frontier would be free to reintroduce their own still leaving Time Warner with a market advantage. Frontier’s decision to the contrary is a potential game changer in the Flower City.

But in a move that StoptheCap! applauds, Frontier Communications has decided this opens a unique opportunity for the company to not only regain a stronger position in the local broadband market, but also bring back its important traditional telephone line business. Frontier has reported a growing number of people disconnecting traditional telephone service in favor of voice-over-IP services like Vonage or Time Warner’s Digital Phone service. Most customers who sign up with Frontier for multiple services choose a bundled package including telephone and broadband. The company will also continue to promote its Price Protection Agreement, which guarantees no usage caps or price increases for a term of two or three years, at the customer’s choice.

Frontier has also distributed a memo to employees that the company no longer feels their network is being challenged by ‘overuse,’ but continues to express concern about the potential for deteriorating customer broadband experience in the future. We understand that, and suggest Frontier educate their customers about the impact certain applications might have on their network, such as running torrent servers 24/7, trying to run commercial web servers on a residential account, etc. However, company officials must also be aware that with a flood of new customers will naturally come increasing demand, so they need to prepare now for the potential exodus from Time Warner. It also remains the responsibility of every ISP to recognize the revolutionary growth of the Internet, and continue to make investments in new technology which can deliver more bandwidth.  The cost for that bandwidth continues to decline, so punitive rate hikes and caps are simply not justified. Hopefully, Frontier will make their customers partners in their decision-making, and treat us with the respect Time Warner can’t be bothered with.

Some pertinent FAQ information Frontier has now released to their customer service representatives:

Q: Does Frontier charge for internet consumption?
A: No, Frontier does not charge for usage. Customers pay a flat fee per month that provides them a true High-Speed Internet Connection, up to 10 MB in Rochester.

Q: When does the Time Warner Network Consumption Pricing begin?
A: Like you, we only have knowledge based upon the recent press.

Q: Does this apply to Residential Only, or does it include Commercial?
A: We have not heard them say that anyone was excluded.

Q: What is a “bandwidth cap” and what does it mean for me?
A: Caps are thresholds placed by Time Warner so their Customers will be charged at different levels of usage on their network. Bandwidth caps generally track the total amount of GigaByte usage that is downloaded and uploaded to the Internet by a household during a specific period of time, like a billing cycle. Press reports indicate that Time Warner will charge $1 for every GB above their cap.

Q: Has Frontier changed its Acceptable Usage Policy this year?
A: No.

Q: If I buy my Internet service from Frontier, will the Price Protection include consumption pricing?
A: At this time, Frontier has no plan to provide consumption pricing.

Some answers to questions Frontier doesn’t know the answers to: The official start date for the Time Warner Rationing Plan is November 1, 2009 in Rochester, N.Y.  Prior to that date, you will not be charged for excessive use.  This plan only impacts residential customers.  Business customers are not being metered.  Frontier is legally hedging their bets in the wording of their statements here.  So a few words here and there might appear to be “weasel words” that leave the door open, but that will be for legal reasons.  We will continue to monitor Frontier and keep them honest.  They have had a track record of changing their minds on things.  But if caps are your primary concern, the current best protection you have against them is a Frontier DSL account with a Price Protection Agreement in place.  Please review our article on choosing an alternative provider for more specifics.

The New York Times (hat tip: Shawn808) just exposed the argument from cable companies like Time Warner, who argue for punitive rate hikes and Internet rationing plans, as little more than a naked profit grab in an insufficiently competitive marketplace.

Competition, or the lack of it, goes a long way to explaining why the fees are higher in the United States. There is less competition in the United States than in many other countries. Broadband already has the highest profit margins of any product cable companies offer. Like any profit-maximizing business would do, they set prices in relation to other providers and market demand rather than based on costs.

Pretty much the fastest consumer broadband in the world is the 160-megabit-per-second service offered by J:Com, the largest cable company in Japan. Here’s how much the company had to invest to upgrade its network to provide that speed: $20 per home passed.

The cable modem needed for that speed costs about $60, compared with about $30 for the current generation.

Meanwhile, Time Warner made dubious claims that it required a punitive rationing plan and rate hike to increase profits to “invest in technology to keep up with demand.”  Other cable operators are deploying DOCSIS 3.0, an upgrade to the current cable broadband delivery platform, as a normal cost of doing business.  The upgrade actually benefits cable operators in meeting demand and reducing neighborhood congestion, by “bonding” multiple channels of data together to “fatten the pipeline.”  Time Warner has dragged its feet on doing this upgrade, according to the Times.

Most systems can be upgraded for no more than about $100 per home, including a new modem. Moreover, the monthly cost of bandwidth to connect a home to the Internet is minimal, executives say.

Yet Time Warner’s rationing plan, announced last week, would dramatically increase the price of Road Runner service, in some cases by hundreds of dollars per month, well above the costs the company claims it must pay to upgrade its network.  Even more moderate users will be paying far above the amortized cost of the network upgrade, month after month, indefinitely.  Some other operators are not imposing Time Warner’s ludicrously low usage caps and demanding more money for them.  They just charge considerably more for faster service.

So what’s wrong with this picture in the United States? The cable companies, like Comcast and Cablevision, that are moving quickly to install the fast broadband technology, called Docsis 3, are charging as much as $140 a month for 50 Mbps service.

Let’s compare and contrast what is entirely profitable in Japan vs. what Time Warner whines they need to just eke by:

Liberty Global – 160Mbps unlimited access – $60 per month¹

NTT Communications – 100Mbps unlimited download/930GB upload cap per month + free phone line – $42 per month²

Time Warner – 10Mbps 40GB usage cap – $55 per month ($1 each additional gigabyte)³

¹New York Times April 3, 2009   ²Broadband Reports June 25, 2008  ³Rochester Democrat & Chronicle April 3, 2009

So why does Time Warner really need to ration your Internet service and punitively limit your use of the net? Michael T. Fries, the chief executive of Liberty Global is candid:

Fear. Other cable operators, he said, are concerned that not only will prices fall, but that the super-fast service will encourage customers to watch video on the Web and drop their cable service.

The industry is worried that by offering 100 Mbps, they are opening Pandora’s box, he said. Everyone will be able to get video on the Internet, and then competition will bring the price for the broadband down from $80 to $60 to $40.

Aren’t you worried that the prices will fall too? I asked.

“Maybe,” he said very slowly. “We’ll see how it happens. We want to keep it up there for now. It is a premium service.”