AT&T's new choke collar for "unlimited use" data plan customers, ready for wearing Oct. 1

Now that Verizon Wireless has stopped signing up new customers for its unlimited usage data plan, AT&T plans to start targeting its grandfathered unlimited-data customers with speed throttles that will effectively limit the company’s “unlimited use” plan.  And the company is trying to suggest approval of its merger with T-Mobile might prevent its growing use.

AT&T says effective Oct. 1, the top 5 percent of its wireless users will receive a warning message before their speeds are cut to near-dial up for the remainder of the billing cycle.

“We’re taking steps to manage exploding demand for mobile data,” said the company in a statement.  AT&T added that “nothing short of completing the T-Mobile merger” will effectively solve the company’s network capacity issues.

“The planned combination of AT&T and T-Mobile is the fastest and surest way to handle the challenge of increasing demand and improving network quality for customers,” said AT&T.

With Verizon Wireless’ exit as a competitive alternative for unlimited data, AT&T’s newly announced speed throttle may not pose much of a risk for business when implemented, as infuriated customers have just one remaining provider offering unlimited data – Sprint.

While AT&T has not specified an exact amount of data usage that will put users in the penalty corner, they did say most of those facing throttling are “streaming video or playing some online games.”

Some AT&T customers use their unlimited wireless plans as a home broadband replacement — an action that could easily bring back a dial-up experience when the speed throttle kicks in.

Only customers on “unlimited use” plans will face AT&T’s special speed treatment.  Those paying for usage-limited packages are exempt.

AT&T’s ongoing hard-sell for the merger has not been well-received by some on Capitol Hill.

Sen. Al Franken (D-Minn.) blamed AT&T for its lack of willingness to spend money on improving its own network infrastructure for self-inflicted network capacity problems.  Franken believes the merger would be anti-competitive and anti-consumer.

In letters to the Department of Justice and Federal Communications Commission, Franken spelled out in great detail why approving the merger does not make sense:

“The competitive effects of a merger of this size and scope will reverberate throughout the telecommunications sector for decades to come and will affect consumer prices, customer service, innovation, competition in handsets and the quality and quantity of network coverage. These threats are too large and too irrevocable to be prevented or alleviated by conditions,” wrote Franken.

The International Business Times summarized many of Franken’s larger points:

• AT&T owns more spectrum than any other company, yet AT&T has been plagued with delays in rolling out infrastructure to support spectrum it has been allocated.  The quality of the service it provides is consistently ranked last amongst the national carriers, and it continues to use spectrum in an inefficient manner;
• Many of [AT&T’s] spectrum licenses remain undeveloped, including $9 billion worth of some of the most valuable “beachfront” spectrum;
• Other national wireless carriers have been aggressively preparing for this crunch. However, unlike the other wireless providers, AT&T has not visibly taken decisive steps to prepare for the coming crunch, despite the fact that AT&T should have recognized the need for additional investment shortly after introducing the iPhone in 2007;
• AT&T only increased its spending on wireless infrastructure by one percent in 2009. Although AT&T will point out that one percent is still a significant number, Verizon made the decision to increase its capital spending by 10 percent in 2009/9 and Verizon is now in a much better position when it comes to spectrum capacity.

Another remarkable admission from Time Warner CEO Glenn Britt came at the end of today’s investor conference call.  In response to claims by some cable companies of incremental bandwidth costs running 40-50 cents per gigabyte (a number we strongly dispute at Stop the Cap! for being at least ten times too high), Britt made the debate over bandwidth costs moot by saying they really don’t have anything to do with how Time Warner Cable prices its broadband service.

“I think that the conversation about usage based pricing should not be tied to a conversation about costs,” Britt said.  “This is not a rate of return regulated monopoly industry like AT&T was before 1984.  We have a lot of different products, a lot of different offerings and we’re aiming at different segments and different combinations and the pricing will relate to that.  This is not a strict cost-base thing so those facts are interesting but not terribly relevant to pricing.”

That clears that up quite nicely.  We’ll be sure to remember that should the cable company revisit its customers with another Internet Overcharging scheme blamed on bandwidth hogs.

Time Warner Cable CEO Glenn Britt is asked what Time Warner Cable is paying for bandwidth costs. Britt said the question is largely irrelevant, because those costs have almost nothing to do with how the company prices its broadband service. July 28, 2011. (1 minute)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Phillip "No Data Tsunami Over Here" Dampier

As the Canadian Radio-television and Telecommunications Commission enters into the second week of hearings on Internet Overcharging, there have really only been a few minor surprises.

First, and most importantly, when voting consumers pay attention, regulators start asking questions and get aggressive.  This is the same commission that only a year ago gave the green light to wholesale usage-based billing (UBB) — a practice that would guarantee every ISP in Canada dropped flat rate Internet service.  After a half-million Canadians signed Openmedia.ca’s petition opposing UBB, the Harper government (and the opposition parties) got interested, and the Commission got an earful from Industry Minister Tony Clement, who was simply appalled at this kind of Internet pricing.

Second, this round of CRTC hearings has found Bell — UBB’s biggest proponent — largely unrepentant.  It still supports charging people for their usage, even as the company’s foundation for that premise — bandwidth congestion — erodes away.  Providers can claim anything they like, but they cannot invent facts.  By Friday, most of the commissioners realized what consumer advocates had been saying all along — there is no great bandwidth crisis in Canada.  No data tsunami. No exaflood in the zettabyte era.  Growth is exponential to be sure, and Canadians have a passionate affair with their Internet connectivity, but one that remains easily managed when providers make regular, affordable investments in upgrading their networks.

Bell’s week-long contention that congestion pricing was paramount to managing Canada’s bandwidth finally fell apart when CRTC Chair Konrad von Finckenstein noted Bell’s trinity of regional entities managed Internet usage completely differently, even though the traffic passed through the exact same network:

• 1) Bell Aliant, which provides service in the Atlantic provinces, has no usage caps at all.
• 2) Bell Quebec provides service with a considerably more generous usage allowance than given to those customers in Ontario, even those just on the other side of the border.
• 3) Bell Ontario’s usage cap is downright stingy compared with Quebec, most likely because it competes in Ontario with an equally stingy provider — Rogers Cable.

With these facts in evidence, Bell was finally forced to concede it was “competition” not “congestion” that brought three different treatments of Internet usage.  So much for “network congestion.”

Bell’s competitors also hung the telecom giant out to dry when it was their turn to testify.  Each in turn would claim that congestion presented no problems for their respective networks.  Telus, Rogers and Shaw all denied they shared Bell’s usage problems.  That is not to say any of them were in favor of restoring flat-rate Internet access.

Instead, they argued, UBB represented a combination of “stimulating investment” in broadband networks (already insanely profitable for all-comers) and “peak usage pricing,” a hybridized argument about congestion during peak usage periods.  Since some wholesale broadband services are priced at peak capacity requirements, some argue UBB helps keep that peak usage manageable during prime time.

Unfortunately, the peak usage pricing argument undermines itself because Canadian providers enforce usage limits 24/7, not only during peak usage periods.  This means there is no incentive for users to offload their heaviest usage to times when the network experiences low demand.  Independent providers continue to argue “peak usage pricing” may be defensible in certain circumstances, but it’s not even a possibility under Bell’s proposed wholesale UBB scheme.

The record being constructed from Canada’s hearings have direct implications for Americans, as the basic business models for cable and phone providers are similar in both countries.  The death rattle of the “congestion” myth is good news for North American broadband users who have long rolled their eyes at hysterical arguments about data floods and capacity crises.

The CRTC still needs to hear from some additional speakers, and we are under no illusion they will completely reverse themselves on Internet Overcharging schemes, but this represents a clear-cut case that consumers need not simply sit back and take abusive pricing.  Consumer activism can make a real difference in the broadband policies of both the United States and Canada.  It takes a concerted effort, but once a critical mass of consumers is achieved, the ability for providers to simply do as they please becomes a virtual impossibility.

That’s good news for all of us.

[flv width=”640″ height=”368″]http://www.phillipdampier.com/video/CBC UBB 7-11-11.flv[/flv]

CBC News covers the start of the CRTC hearings and what UBB pricing is doing to Canada’s Internet experience.  (2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KOMO Seattle Man Loses Internet for a Year 7-14-11.mp4[/flv]

Last week, Stop the Cap! shared the story of Andre Vrignaud, a 39-year-old gaming consultant in Seattle who found his Comcast Internet service shut off for a year for twice exceeding the company’s arbitrary 250GB usage cap.  The story continues to draw media attention, including this TV news report from Seattle station KOMO-TV.  Cloud computing is implicated, but Vrignaud’s cure — paying more for additional usage, strikes us as the wrong answer.  Monetizing broadband usage is a provider’s dream come true.  The better solution would be to fight to remove the cap or at least ensure residential customers can upgrade to business service, if they choose, without the year-long “ban” in place.  (3 minutes)

Leap Wireless’ Cricket is raising prices $5 a month on its prepaid 3G mobile broadband service for the second time in nearly a year, with the announcement the company will offer limited data roaming on Sprint’s 3G network.

In return for being able to access Cricket mobile broadband outside of the company’s highly limited network of cell towers, the price has to increase, according to statements made on Cricket’s website.  Cricket will now sell three different broadband plans, all without a contract:

$45/month for 2.5GB, $55/month for 5GB, or $65/month for 7.5GB

But there are a number of catches.

First, your service will be terminated if you do not live in a zip code where Cricket provides its own cellular service.  The company is only interested in selling service to customers who will primarily use it inside of its own coverage areas.  Second, if you are caught data roaming on Sprint’s network for more than 50 percent of your monthly usage, the company can throttle your speed to dial-up for at least one month or terminate your account.

These pricing changes could also impact certain grandfathered Cricket mobile broadband customers, some of whom are still paying Cricket’s rate of $40 a month for up to 5GB of usage that was being sold until last summer.  Who will pay the added $5 bite depends on when and where you activated your account:

Customers activated prior to August 2, 2010: You are likely grandfathered on Cricket’s $40 a month plan, good for up to 5GB of usage per month.  Most of these customers never activated last year’s newly introduced limited 3G mobile data roaming, so they will not be able to use their service outside of a Cricket service area.  They will not see a rate increase unless they opt-in to “roaming” service from a menu on their wireless device’s configuration panel.  If you opt in, you cannot opt back out.

Customers who purchased their device at Best Buy, Wal-Mart, or Radio Shack at any time: You are not eligible for 3G data roaming service at this time.  You will not see a rate change unless and until that changes.

Customers activated after August 3, 2010: Your device was activated with 3G roaming capability and you will be impacted by the price change.  Existing customers on an impacted account will receive Nationwide 3G coverage beginning July 12.  The first bill with increased pricing will be for customers with a bill due on August 11.  Your bill will see an increase on or after this date.  Technically that equals one month of free roaming coverage.

Cricket's new data coverage map, with Sprint roaming included.

For some customers, this is quite a price increase from two years ago when the company claimed to provide “unlimited” 3G wireless broadband service for $40 a month.  Customers soon learned Cricket’s definition of “unlimited” meant around 5GB of usage before the company throttled broadband speeds to near dial-up for the remainder of the billing month.  By last summer, “unlimited” was gone, replaced with usage allowances enforced by the aforementioned “fair access policy” speed throttles.

Although the company touts the service will run at speeds up to 1.4Mbps, in reality, most will see speeds much lower than that.  From Stop the Cap! headquarters in Rochester, N.Y., we routinely see speeds on Cricket’s 3G network operating at between 300-600kbps.

Cricket still delivers a cheaper plan over Sprint-owned Virgin Mobile, which charges $50 for 2.5GB.  For those who want more, Clearwire is still pitching 5GB of usage on Sprint’s 3G network and “unlimited” use on its 4G network, although “unlimited” really isn’t when the provider deems you a heavy user and throttles your speeds.  T-Mobile offers a data pass for some of their customers allowing 1GB of data for $30, 3GB of data for $50 — all prepaid.