The Canadian Radio-television Telecommunications Commission is investigating Canadian ISP practices all week in a series of public hearings.

The Canadian Radio-television and Telecommunications Commission (CRTC) opened the first day of hearings on the practice of usage-based billing for Internet usage, advocated by the country’s largest wholesale provider of Internet bandwidth, Bell Canada.

These hearings are a follow-up to earlier ones that ultimately allowed Bell to mandate usage billing not only for its own customers, but for all independent ISPs that purchase bandwidth from the company.  Since the vast majority of independent providers purchase bandwidth from Bell, the CRTC ruling would have mandated the end of “unlimited use” Internet plans across the country.

Nearly a half-million Canadians disagreed with the CRTC ruling and created a political firestorm earlier this year, demanding that the government step in and overturn the CRTC ruling.  Bell temporarily withdrew the usage based billing mandate pending the outcome of hearings expected to run from today until early next week.

Appearing at today’s hearing, executives from Bell continued to defend usage-based pricing and plan pricing that forces consumers to guess at how much Internet usage they will need each month.

In more aggressive questioning than earlier hearings, CRTC chairman Konrad von Finckenstein questioned Internet pricing plans that do not “rollover” or rebate consumers for unused usage, but still penalizes customers for going over their plan limits.

von Finckenstein also questioned Bell’s pricing for independent ISPs, particularly penalty rates ISPs who underestimate their wholesale usage needs would face under Bell’s advocated pricing model.  The chairman seemed suspicious of the fact Bell does not charge its own ISP unit penalty rates, only independent providers.

The hearing will also explore why companies like Bell can deliver “unlimited viewing” on their Fibe TV IPTV service, but cannot deliver unlimited Internet access to end users.

Interested in following the hearings live? Visit the CRTC live stream hearing page.

[Updated 10:20am ET: Bell Canada executives just admitted in this morning’s hearings its Internet Overcharging scheme involving usage pricing many times higher than the actual cost of provisioning the service was driven by “competition” and not by “congestion” issues.  In other words, Canadian consumers are paying very high Internet pricing and overlimit fees because of the pervasive lack of competition, not because companies need the extra money to “upgrade their networks.”]

Bright House Networks, a cable company primarily serving Florida and other southeastern states says it has no plans to implement Internet Overcharging schemes like usage caps or consumption billing.  But a company spokesperson went even farther, telling Tampa Bay Online the cable company was not even considering them.

Bright House, which relies on Time Warner Cable’s programming negotiators and sells broadband under the Road Runner brand, was among the only companies in Florida that was willing to go on record stating they were not considering limiting broadband customers.

Other providers were unwilling to follow Bright House’s lead:

• AT&T: “2 percent of our customers were using 20 percent of our bandwidth,” said an AT&T spokesman, so the company slapped 150GB usage limits on DSL customers, 250GB on U-verse customers.  The overlimit fee is $10 for every 50GB extra.
• Verizon Florida: “At this point, we’ve not implemented any usage controls or broadband caps.  We’ll continue to evaluate what’s best to ensure our customers get the highest quality broadband service for the best value,” the company said.  But it also added: “We’re continuing to evaluate usage-based pricing for our wireline broadband customers.”

“Bandwidth caps stifle consumer choice,” said Parul Desai, public policy counsel for Consumer’s Union.  Desai notes customers do not sign up for pricey high-speed FiOS broadband service from companies like Verizon just to read e-mail.  Customers who are willing to pay premium prices for super high speeds certainly don’t want a usage cap devaluing their broadband package.

Comcast, for example, uniformly limits consumption to 250GB per month, even on high speed plans delivering over 50Mbps service.

“It’s like building a rocket that you blow up after it reaches 250 feet into the air,” says Stop the Cap! reader Will in Tampa, who shared the article with us.  “What is the point of having 50 or 100Mbps service from any provider if they slap a limit on it like that.”

Will thinks customers will abandon higher speed packages in droves once they realize they really can’t use them.

“With some of these companies talking about caps around 40GB per month, you can’t even take your connection for a test drive,” he says.  “You might as well stick with basic speeds, just to remind and discourage you from putting yourself over their stupid limits.”

Desai suspects broadband companies will try limiting their customers, if only because they face few competitors consumers can use instead and they have video services to protect.  But she suspects some consumers will either abandon or seriously downgrade their broadband service and find other ways to trade large files and content.

“It’s not inevitable they’re going to succeed,” she told TBO. “People only find value in broadband because of what they can access with it. If more people feel constrained, they’ll start looking for another way.”

[flv width=”512″ height=”298″]http://www.phillipdampier.com/video/WSJ Studios disarming cable in battle with Netflix Media Report 6-20-11.flv[/flv]

Wall Street Journal: Top execs of some media behemoths are shifting their public stances toward Netflix Inc. of late. They’re now trying to persuade investors that the video streaming service will expand their business rather than destroy it. (4 minutes)

You are forgiven if you are confused about the love-hate relationship the cable industry has with online video streamers like Netflix — one that the Wall Street Journal likens to manic bipolar episodes.  Weeks after blaming Netflix for getting video programming too cheaply and threatening cable subscriptions, cable industry executives were hugs and kisses about online video at the recent Cable Show in Chicago.

“The reason why there’s interest in these Internet video providers that is that they’re deploying technology that’s making the experience better for consumers,” Time Warner Cable CEO Glenn Britt said in an interview with MarketWatch during the National Cable & Telecommunications Association’s annual Cable Show last week.

“There’s nothing about [cable companies] that stops us from doing that. So I would say … we as an industry just need to pay attention and give consumers what they want. Then there’s no room for these other guys. I don’t mean to say that in a negative way, but it’s true.”

Britt

Of course, this is the same man that has earplugs firmly implanted to help resist another rejection of his Internet pricing schemes that Time Warner Cable customers loathed in 2009.  Britt’s desire to give “consumers what they want” just doesn’t play in this part of town while the cable company is installing software to measure and potentially meter broadband usage.

What is different in the online video spectrum is consumers have choices.  They can adopt Time Warner Cable’s glacially-slow rollout of its TV Everywhere concept, watch Hulu, use Netflix, or simply steal content providers don’t want them to watch.  For customers of Time Warner Cable facing competition from AT&T, there is potentially nowhere to run to avoid an Internet Overcharging scheme which could bring the online viewing party to a rapid conclusion when your viewing allowance is used up.

Britt says he is struggling with rights holders to provide more accessibility to online video streaming of popular shows.  He’s also thinking about how many restrictions to slap on subscribers.

MarketWatch talked with Britt and found him dealing with nagging questions about how many devices each user account should be authorized to use for viewing. “Should it be three, should it be 10? If I make [that number] too small, you’re not going to be happy as a customer,” Britt philosophized. “If I make it too big, you’re going to give the password to all of your friends, and they won’t have to buy a subscription to begin with.”

Cerf

Vint Cerf understands the Internet.  Widely recognized as one of the two “fathers” of what eventually grew into today’s Internet, Cerf has watched a network launched by the United States Department of Defense grow into an economic powerhouse driving a knowledge-based economy.

Today, Cerf works as an Internet evangelist for Google, promoting the company’s innovation in the next generation of the broadband experience.  He brings decades of advice to Internet Service Providers the world over: upgrade your networks.  But more importantly, he told attendees of Juniper Network’s Nextwork conference, upgrade exponentially, not incrementally.

Cerf’s remarks Wednesday targeted the conundrum of coping with increasing video traffic on the Internet.  Cerf pointed to his employer’s construction of a gigabit fiber to the home network in Kansas City as the best antidote to traffic congestion.

Simply put, Cerf believes bandwidth must be increased exponentially and not through incremental upgrades that try and stay one step ahead of demand.  Google intends to prove gigabit fiber broadband is cost-effective and within reach of providers.  A side benefit of building next generation networks is the opportunity for innovating new online applications.  Many of tomorrow’s online innovations are simply impossible on a constrained, incrementally upgraded network that often requires accompanying traffic limiting schemes.

“When you are watching video today, streaming is a very common practice. At gigabit speeds, a video file [can be transferred] faster than you can watch it,” Cerf said. “So rather than [receiving] the bits out in a synchronous way, instead you could download the hour’s worth of video in 15 seconds and watch it at your leisure. It actually puts less stress on the network to have the higher speed of operation,” he said. 

Wu

So far, many providers are considering Netflix and other video traffic a threat to their networks, and are attempting to collect tolls to allow Netflix content to reach subscribers (Comcast), or are considering Internet Overcharging schemes that combine usage caps with overlimit fees to discourage customers from watching too much (AT&T, Time Warner Cable).

At another session held Tuesday, Tim Wu, Columbia University law professor noted efforts by several U.S. providers to do away with all-you-can-use broadband.

Wu said phone companies like AT&T are ideally looking towards replicating the cell phone model on broadband — leaving users to guess how much usage they will rack up over a month, knowing most will be wrong.  As the consumer, he noted, you end up buying too much or you face steep overlimit fees for underestimating usage — either way “you are screwed.”  Wu called consumption-oriented pricing “abusive.”

Wu also said wireless carriers in particular are uneasy with the open, “ownerless” concept of the Internet.  Their instinct is to own, control, and manage networks.  Their only success so far is trying to advocate for fast, premium-priced traffic lanes, and slow “free lanes” for everything else — a key reason why many consumers advocate to preserve the open model of the Internet through enforced Net Neutrality.

Wu called these efforts by phone companies to control traffic “dangerous.”

[flv width=”596″ height=”356″]http://www.phillipdampier.com/video/NBC ATT Internet Overcharging 5-24-11.flv[/flv]

A new consumer investigation by NBC’s Today Show found that AT&T may be systematically overcharging customers for their broadband usage, fleecing customers for countless sums in overlimit fees.  With no government oversight to guarantee usage measurements are accurate and fairly measure usage, customers have to take AT&T’s “word” for the accuracy of their billing, and now that the company has extended Internet Overcharging to its DSL and U-verse customers, AT&T could earn millions in ill-gotten gains if the claims of overestimated usage are true.  AT&T responded, claiming consumers have a misunderstanding of how data is consumed and billed.  NBC quotes AT&T as saying most customers who exceed their limits do not incur fees, which will come as quite a surprise to customers who are routinely billed $15 or more for excessive use charges on wireless plans.  Thanks to Stop the Cap! reader Scott for sharing the news.  (4 minutes)