One of the principal components of Internet Overcharging is the so-called “usage meter,” a measurement tool designed to help customers keep track of their usage so they don’t exceed arbitrary usage allowances and face overlimit penalties or speed throttles.

But with no government agency or independent watchdog monitoring the accuracy of the meter, providers can claim any amount of usage they wish, and stick customers with the bill.

Telecom New Zealand is the latest ISP forced to admit its usage meter was wildly inaccurate, with nearly 100,000 accounts impacted by faulty meter measurements between November 2010 and June 2011.  At least 47,000 faced punitive measures including substantial overlimit fees or throttled speeds for exceeding usage limits, even though they actually didn’t.  Now Telecom has admitted the meter was wrong, it violated the Fair Trading Act in the process, and is refunding $2.7NZ million dollars in overcharges. It was either that or face substantial fines from the Commerce Commission.

Telecom called the error that forced some customers into more expensive plans to avoid additional overlimit fees “an incorrect perception about […] data usage.”

“We’re pleased to have reached a settlement with Telecom and that they have made prompt refunds directly back to the customers who have lost out,” said Stuart Wallace, Commerce Commission Competition Manager. “Telecom brought this issue to our attention as soon as they were made aware by their customers and have co-operated fully with the Commission. Due to Telecom’s immediate admission of a breach of the Fair Trading Act, followed by appropriate compensation to customers, the settlement is the best possible outcome for those customers and avoids potentially lengthy and costly court hearings paid for by taxpayers.”

It’s the second usage measurement failure announced by the company this month.  In a separate move, Telecom agreed to pay $31.6 million to five of its competitors overcharged for wholesale broadband service.

When technically-savvy customers realize they are being billed for non-existent usage and the media takes an interest, providers eventually disclose their mistaken measurement tools.

“Customers are expected to keep these ISP’s honest,” says Stuart Littlejohn, a Stop the Cap! reader in Wellington. “ISP’s never suggest their meters are anything except accurate until they are caught with their fingers on the scale, and always in their favor.”

Littlejohn has already received a refund from Telecom for illegitimate overcharges he incurred earlier this year.

“It was an absolute nightmare,” he shares. “We thought someone hacked our wireless network or someone in the home was lying about their usage, all theories encouraged by Telecom employees who pointed the finger at everyone but themselves.”

Littlejohn says after Telecom granted one credit as a “goodwill gesture,” subsequent overcharges that went unexplained were his problem, not theirs.

“After the first credit, everything else is your fault,” he says.

Littlejohn caught the company red-handed when storm damage disrupted his service for nearly a week, and Telecom’s usage meter recorded 22GB of usage on his down-and-out service anyway.

“They ultimately couldn’t argue with themselves, but they tried at first,” he says. “Then I told them to call the department responsible for repairing my service and they quickly learned the line they said used 22GB was out of service at the time the usage was supposed to occur.”

“Without that, they would have probably insisted I still owed them for that ‘usage.'”

Littlejohn wasn’t alone.  Other overbilled customers appealed their case to the New Zealand Herald last June, and two weeks later, Telecom admitted their usage measurement tool was faulty.  But by then, customers were already paying for the erroneous charges:

The Herald has received detailed internet usage logs from two Telecom customers – one in Dunedin and the other in New Plymouth – which show over-counting broadband downloads, in one period by as much as 139 per cent. Both have raised the matter repeatedly with Telecom, but have yet to get an explanation.

“We showed Telecom five days of data as early as February 14,” says director Mark Peisker of Dunedin’s CueClub. “There was massive variance between our data and that reported by the Telecom usage meter. I said to them: ‘Your counting has very little to do with what comes down my line to me’.”

CueClub’s data taken from its two internet routers shows an average of 62 per cent over-counting during a three month period – the worst month being May when Telecom counted an extra 118.24 gigabytes (GB) of usage amounting to $203.97 in overcharging.

“They’re crooks, plain and simple, and only when they were caught did they admit their mistakes, and the only ‘penalty’ they are paying is refunding their ill-gotten gains,” Littlejohn says. “Where is the substantial fine to send a message stealing from your customers is wrong?  A strong fine would tell Telecom they made a costly mistake not worth repeating.”

Suddenlink will introduce an Internet Overcharging scheme beginning with their customers in Amarillo, Tex. Oct. 3rd, according to a company document obtained by Stop the Cap!  But the new usage cap and overlimit fee scheme will not be limited to Texas.  The company’s internal memo notes the new limits will eventually be imposed on customers nationwide, and incredibly, the cable operator claims it will make their Internet service better:

Early next month, October 2011, Suddenlink will notify residential (non-business) Internet customers in Amarillo, Texas, of a new usage allowance plan (AP) that is designed to further enhance their Internet experience.

This allowance plan will be introduced to other residential Internet customers, in other Suddenlink communities, in the following weeks and months.

An introductory letter will be mailed to Suddenlink residential Internet customers, when our allowance plan goes into effect in their community. The introductory letter to Amarillo customers will be mailed on or about October 3, 2011.

In addition to the introductory letter noted above, we will launch a new Web page on or about October 3, 2011, at suddenlink.com/allowanceplan.

This new page will provide additional information about the allowance plan in the form of frequently asked questions (FAQs).

Suddenlink's national service area

On the first instance of exceeding the limit, the customer’s Internet service will be suspended until the customer reads and agrees to a web notification message that includes an understanding that on the fourth instance of going over their usage cap, customers will be billed $10 for every 50GB increment that exceeds their allowance, whether it is by 1MB or 40GB.  That pricing is identical to AT&T’s usage cap overlimit fee.

Amarillo residents already pay $55 a month for 15Mbps standalone broadband service from Suddenlink.

Stop the Cap! reached out twice today to Suddenlink officials to get their reasons for implementing the usage allowance program, what the specific allowances might be, and when the usage caps will reach markets beyond Amarillo.  We have still not heard back from them as we “go to press” but will update the piece if and when we do receive their comments.

Suddenlink’s employees are being trained on how to handle the inevitable complaints when customers discover their bills have suddenly increased.  Their employee FAQ:

Q. I only went over my allowance by 1 gigabyte, but I was still charged $10. I thought I would not be charged $10 until I was 50 gigabytes over my allowance. What happened?

Of the very few customers who go over their monthly allowance, we have found that most go over by a significant amount. Accordingly, to make this process as fair and simple as possible on all customers, we do not start charging until the third time someone goes over the allowance – and, once that happens, we automatically assign additional allowances to the account, in standard 50-gigabyte installments, at a standard price of $10 for each installment.

Customers can use all or some of that additional allowance, depending on their individual situations. What’s more, if they exceed the additional allowance of 50 gigabytes, another 50-gig allowance is automatically applied, again at the standard price of $10.

To help customers manage their Internet accounts, we have provided a way for them to monitor their monthly usage at Suddenlink.net.
• If you’re already registered at Suddenlink.net, log on, go to “My Account,” and then click the link for “My Internet Usage Summary.”
• If you’re not already registered at Suddenlink.net, visit that site, look toward the upper right corner for the log-in box and the link that reads “Don’t have an account? Sign up now!” Follow that link to a set of instructions on how to register your account, and then, when you’re finished, click the link for “My Internet Usage Summary.”

Kent: The days of system upgrades are over.

Finally, we offer some tips at suddenlink.com/allowanceplan, about ways to keep usage within the monthly allowances we’ve established.

Q. Can I have fewer than 50 gigabytes or less than $10.00 applied to my account the next time I go over?

Not at this time. The 50-gigabyte installments and $10 per installment charges have been standardized in all areas where we’ve rolled out this allowance plan, to make the process as fair and simple as possible on all customers.

Q. I don’t recall being notified that this was starting in my area. When did that happen?

We mailed letters announcing this change to all customers in your area several weeks before the allowance plan was put into place. I’m sorry if you missed that letter, but rest assured, very few customers – less than 1 out of every 100 – go over their allowance. And for the very few customers who do go over their allowances, charges are waived the first couple of times.

Q. What gives Suddenlink the right to do this?

We occasionally make changes to our Internet services, consistent with our Residential Services Agreement, which is published on our website. This allowance plan is one of those changes.

If asked: To view our Residential Services Agreement, go to Suddenlink.com, and look for a link near the bottom of the page titled, “Terms & Policies.” Click on that link and then look for another link titled, “Residential Services Agreement.” Click on that link and then scroll down the page until you see the sections related to Internet service, such as Section 46.

Suddenlink’s new Internet Overcharging website is not yet active, so we are unsure exactly what plan limits will be, but Suddenlink has been no stranger to usage caps.  The company introduced a usage meter in several markets in the summer of 2009, and used to claim usage limits were partly to handle traffic loads on a limited number of cable systems that were in the process of upgrading.  Once the upgrades were complete, the caps were supposed to be relaxed or retired.

Then, Suddenlink president and CEO Jerry Kent appeared on CNBC last September to announce that people don’t realize the days of system upgrades are over and it was time to rake in the profits:

“I think one of the things people don’t realize [relates to] the question of capital intensity and having to keep spending to keep up with capacity,” Kent said. “Those days are basically over, and you are seeing significant free cash flow generated from the cable operators as our capital expenditures continue to come down.”

Suddenlink’s journey to usage caps includes all the hallmarks we foretold in an article published on Stop the Cap! in 2009:

1. Establish a foundation for usage caps.  In their 2009 FAQ, Suddenlink conflated broadband usage with electricity: “What is “Internet usage”?  Much like electric usage is measured in kilowatts, and water usage is measured in gallons, Internet usage is measured in gigabytes (GB).”
2. Establish a ‘pulled from the air’ number of gigabytes (which often conveniently later becomes your usage allowance) and then tell subscribers what they can do with that.  In Humboldt County, Calif., in March 2011, Suddenlink began telling “heavy users” what other customers were doing with what the company deemed a more appropriate, average amount of Internet service.  Suddenlink also told customers the Internet service they were providing was for “entertainment only.”
3. Tell customers such tools are actually for their benefit.  See above.
   
4. Lie to customers when a usage meter suddenly shows up or terms and conditions are quietly changed to support an Internet Overcharging scheme.  In 2009, Suddenlink introduced a usage meter but tried to reassure customers, telling them: “Does Suddenlink plan to set a maximum usage allowance for its Internet customers, like other companies are doing? Do you plan to charge extra if a customer’s usage is too high?  Those steps are not part of our current plan. Our only goal at this time is to help the few customers whose usage is well above (two to three times higher than) the typical range to identify the reasons for that high usage and take steps to protect and secure their computers and accounts.”

You used too much. Look what you can do with an "average" amount of usage instead.

Now usage caps will protect and enhance Suddenlink’s profits on Internet service.  Remarkably, Suddenlink put itself in the “predicament” of facing increased customer demand of the Internet through its own marketing.  The company’s website heavily promotes its bandwidth-heavy Suddenlink2GO™ service to “watch TV online anytime, anywhere in the U.S. on any computer for FREE when you subscribe!”

But “free” becomes $10 for every 50GB if you watch too much.

How to Get Unlimited Back: If you are a Suddenlink residential customer who does not want to face restricted-use Internet, you can avoid the limits by switching to Business Class service, which will not have caps.  Unfortunately, pricing information was not immediately available to us.  One customer in Lubbock noted he paid $69 a month for 6Mbps Business Class service and $107 a month for 107Mbps residential service, so expect to pay comparatively more for lower speed service.

Still Not Measuring Usage Correctly

Bell Canada’s Internet usage meter is still giving wildly inaccurate measurements of Internet usage, some customers allege.

Eleanor White, a Bell broadband customer, found Bell measuring some 30-44GB of usage, despite the fact the biggest bandwidth application in use by the account holder is a 16kbps audio stream running regularly throughout the day.

White estimates the monthly usage from that radio stream can’t be more than three gigabytes for the entire month, even leaving the stream running 16 hours a day.

“I hardly ever watch online video, and I estimate my usage from the radio stream and doubling it to account for e-mail reading and web browsing to be no more than 5.6GB a month,” White says. “But Bell measures at least 6-8 times as much, month after month.”

Bell’s usage meter has been implicated repeatedly for being inaccurate, occasionally by the company itself.  But the tool remains online and Bell continues to maintain its Internet Overcharging schemes, even for customers on its hybrid fiber-copper Fibe network.

Customers accuse Bell of overmeasuring usage on Fibe broadband as well.

“From the moment I got switched to Fibe, my traffic [measurement] went through the roof, at least according to the traffic monitor,” says Jurjen.  “[But that measurement doesn’t reflect] what we were actually using the Internet for.”

“Don’t try to get this solved; Bell won’t do anything (trust me, I tried for about five months),” Jurjen says. “The only solution: switch ISPs.”

Jurjen thinks the day holding Bell accountable for their broken usage meter is long overdue.

“For every service that you get billed by a unit, you must be certified by Measurements Canada. Just check your local gas station, it’ll have stickers all over. Same for your electricity provider,” Jurjen says.

“However, Bell is not certified by Measurements Canada. If you have a lot of spare time and money, do us a favor and start a trial against Bell.”

Cox Cable customers in several states have been receiving e-mails announcing the availability of the company’s “Data Usage Meter,” which is generally a precursor to the implementation of an Internet Overcharging scheme.  For at least two families, ignoring that usage meter temporarily shut down their Internet access when they reportedly exceeded their allowance.

Our view of what Internet Overcharging with usage caps really means.

Dear Cox High Speed Internet Customer,

We’d like to take this opportunity to announce the availability of the Data Usage Meter. This new feature provides an easy way to check monthly household high-speed Internet data usage at any time. Monthly data usage is the amount of data that users send, receive, download or upload each month for movies and videos, photos, web surfing, email, gaming, and other files.

Each of our packages has a specific data usage amount. The amount depends on your Cox High Speed Internet package and corresponds to the speeds provided with the package. Our speediest package provides the highest usage amount. You are currently subscribed to the Premier Package which has a monthly data usage amount of 250 Gigabytes (GB). This is equivalent to streaming about 138 standard definition movies, or 83 high definition movies in a month.

The vast majority of our customers do not exceed their usage amount in a month and Cox does not charge you an additional fee if you exceed it. However, if you find that you are exceeding the usage amount for your package, you should check for the following potential causes:

An unsecured wireless home network. If your wireless router does not have security enabled, others outside your home may be using your Internet service. Cox provides a free tool to test the security of your home network. The Home Network Security Check can be accessed by logging into your account via myaccount.cox.net which will place you into Internet Tools. From there, simply select the Home Network tab

A computer virus. If your computer is infected with a virus, it may be transmitting large amounts of data without your knowledge. Cox strongly advocates Internet safety and security. That’s why we offer all of our High Speed Internet customers free security software that will help protect your computers. Cox Security Suite Powered by McAfee® will shield you from many viruses, spam, phishing and spyware. It even comes with parental controls.

To download your copy in just a few minutes, simply visit myaccount.cox.net and select the Security Suite tab in Internet Tools.

If after checking for these problems you find that you are still exceeding the usage amount, you may want to consider upgrading to another package that more closely matches your use of the service. Cox’s top High Speed Internet package includes 400 GB per month.

To view your current data usage, follow these easy steps:
1. Visit myaccount.cox.net
2. Sign in with your primary Cox username and password
3. Select the “Data Usage Allowance” tab on the left bar

The Data Usage Meter shows daily and monthly usage for your account starting with the beginning of your billing period. The monthly view shows the usage by month determined by the date of the end of your billing period. Over time, you will be able to see your household usage over the previous 12 months. The Data Usage Meter is only available to primary account users and secondary user accounts with billing access.

Cox usage caps fly in the face of some of the company's ancillary broadband products, one of which claims to offer "unlimited backups." It's not "unlimited" with a usage cap in place.

Cox customers have been technically under an Internet Overcharging scheme limiting usage for well over a year, but enforcement of those usage caps has traditionally been light, with only the most egregious users occasionally getting phone calls from the cable operator.  Some Cox markets still do not have a functioning usage measurement tool.

But there is growing suspicion that may be about to change.  Some Cox customers in Georgia, Arkansas, and Kansas report Cox is contacting them about Internet usage, and in one case in Georgia, shut off an account after the family exceeded their allowance by just 3GB.

“I was 3GB over my 200GB [allowance] and my Internet was temporarily suspended till I called Cox,” writes Stormside, a customer in Warner Robins, Georgia. “They had a ticket number on me and transferred me to [another] department. I was given the spiel about their policies saying they can suspend or cancel my Internet service if I continue to go over the cap.”

After promising to more closely monitor usage, the account was restored.

Cox says you can send 84 million e-mails with their Ultimate package.

Another customer in Pensacola, Fla. experienced the same thing.

“They disabled my Internet due to the cap, and I had to call to get it back up,” shares Compaq255 on the Cox Forum on Broadband Reports.

The usage caps Cox may increasingly enforce leaves customers with two options:

1. Reduce usage to remain within usage allowances;
2. Upgrade to a faster speed package, with a correspondingly larger allowance.

Stormside intends to do the former, Compaq255 the latter.

“I was going to upgrade to the higher package anyway,” Compaq255 says.

Many Cox customers have no idea the company limits their Internet usage, because the usage allowance is only disclosed in buried fine print contained within the company’s lengthy legalese–Acceptable Use Policy.  For customers like Janet Handshire, a Cox customer in Alma, Ark., the first usage cap disclosure she noticed was in a company e-mail.

“Cox sends e-mail to us all of the time, mostly promoting their various services, but I noticed this one because of all of the text,” says Handshire. “I was surprised to discover we even had a usage cap with Cox, and I am completely uninterested in visiting their usage page all the time to figure out whether I am okay with them or not.”

Handshire says she already pays nearly $200 a month to Cox for their triple play package and can’t believe the company is now becoming stingy over Internet usage.

“I have five boys and a husband in this house,” she says. “I already keep track of all the bills and now I have to start tracking how much everyone around here is using the Internet?  I don’t think so.  They are treating this like it is a limited precious resource.”

“The one thing we’ve learned following the broadband story in this country is Internet access is already a cash cow for these companies, but they keep asking for more,” she says.

Current usage allowances with Cox range from 30GB a month for their “starter” package to 250GB a month for their Premier Package.  An Ultimate package in some areas offers even faster speeds with a 400GB allowance, but it’s not available everywhere.

Too bad Comcast doesn't allow their Internet customers to use the service until 'xfinity.'

A Comcast customer of seven years has been warned if he exceeds the company’s arbitrary 250GB usage cap one more time, his family will be cut off from the cable company’s Internet service for one year.

Jrodefeld is just one more example of a customer who never thought he would have to monitor an online usage gauge to enjoy the Internet service he pays good money to receive.  But Comcast has deemed him an Internet abuser for exceeding a usage limit the company takes pains to bury in its lengthy terms and conditions, far away from glitzy marketing promising a fast, always-on experience.

In my house there are five people with five computers, several smartphones, a Playstation 3 and AppleTV all connected to the Internet through a wireless router.  Several of us are tech minded people who need to be able to send and receive large amounts of data through our network and publish material on the Internet.

Not only that, but I have (legally) downloaded films through places like iTunes and downloaded games and software in the same manner.  I create digital content (web pages, animation, other content) and publish it on the Internet. Not only that, but I send this content to friends and colleagues through web hosting sites like Netload.  I download games and watch streaming Netflix through my Playstation 3.

I think it is absolutely beyond belief that Comcast can offer the speeds that they do, with the evolving demands of the Internet and modern digital demands that people have, and think that 250GB is sufficient for even the moderately tech savvy user.  This data cap is absolutely horrible and is an insult to my family and an abomination given how much money we have given to Comcast over the last several years for their service, amounting in the thousands of dollars.  Not to mention that we signed up with the idea of getting an “always on”, unlimited service.

Jrodefeld claims his family steers clear of the usual suspect of heavy usage consumption — peer-to-peer software.  But with five tech-savvy teenagers and high-tech workers living under one roof, Comcast’s usage meter reflected the family was several times over the company’s usage limits:

• In May, 2011 the total data used was:  1363GB
• In June, 2011 the total data used was:  758GB
• In July, 2011 the total data used was:  1271GB

Based on a review of the applications being run by those achieving that level of usage, online file backup is usually the culprit generating the most usage.  That is closely followed by avid online streaming and gaming.  While game-play itself is probably not much of a factor, the relentless number of game updates and new games distributed over an Internet connection can easily exceed several gigabytes each.  The family also streams some very high bitrate HD movies over a video rental service that uses their Comcast Internet connection to provide the video.  That can run nearly 10GB an hour in some cases, Jrodefeld says.

For usage cap opponents, this represents the perfect example of what can happen in families that rely on video streaming and have teenagers living at home.  While one individual may have little trouble staying within Comcast’s arbitrary 250GB limit, unchanged since its introduction in 2008, the more Internet-savvy members in a household sharing a connection, the bigger the risk for Internet Overcharging or a warning e-mail.

Comcast says their average user keeps usage well under 10GB per month.  But they don’t provide any demographic breakdown of usage profiles.  Older households may pay for an Internet account exclusively for web browsing and e-mail.  Younger households, those with teenagers, and cord-cutters who rely on Internet video streaming will almost certainly use considerably more.

Jrodefeld can’t believe Comcast has stuck his family with a “one size fits all” Internet experience.  And their reasons for the 250GB usage cap don’t make any sense.

“On the one hand, it is said that a user going over that threshold hurts the Internet experience for other users in your area, and on the other hand Comcast claims that the ‘average’ user uses only 2-4gb per month,” he notes. “If that is the case, then multiple users who average 250GB a month would slow down the Internet far more than one individual who uses, say, 500GB in a month.”

“If such a small number of users exceed the cap, Comcast’s network should easily be able to allow that without it affecting other users,” he argues. “If, on the other hand, many users are exceeding the cap, it means that the limit is far too small and Comcast should upgrade their infrastructure if they cannot keep up with user demands.”

The cap-free alternative for Comcast's "heavy users."

In fact, Comcast has upgraded the Internet experience for most of their customers considerably since they introduced a usage cap.  The company has aggressively deployed DOCSIS 3 upgrades, exponentially increasing the amount of bandwidth available in individual neighborhoods, allowing them to sell highly-profitable, faster tiers of service and eliminating congestion issues.  But no matter what speed you buy, or how much you spend, Comcast imposes the same 250GB usage limit on all residential accounts.

Comcast company officials had nothing to offer Jrodefeld, but several other Comcast customers did: upgrade to a Business Class account, if only to be rid of the usage limits.  Comcast Business Class service currently has no usage limitations, and carries this pricing in the northeast, before taxes and fees:

• Starter Plan — 12/2Mbps:  $59.95/mo Best Value
• Preferred Plan — 16/2Mbps:  $89.95/mo
• Premium Plan — 22/5Mbps:  $99.95/mo Best Speed/Performance Value
• Deluxe Plan — 50/10Mbps:  $189.95/mo
• Installation Fee: 1 year contract = $199, 2 years = $99, 3 years = $49

The alternative is to sign with a telephone company provider, but AT&T also has a 250GB usage limit on their U-verse service, and charges an overlimit fee of $10 for every 50GB of excess usage.  Verizon FiOS offers unlimited service.