Here is how DataJack was marketing themselves back in January

DataJack, the 3G mobile broadband service that was promising unlimited wireless broadband service for $39.99 a month is back — with an all-new 5GB monthly usage cap, a new provider, and hassles for existing customers who must swap out their existing wireless modem.

Stop the Cap! first covered DataJack back in January, when customers were howling about the company’s lousy customer service and its tendency to “stretch the truth” about its coverage area, speeds, and even the availability of the product itself.

Rumors about a major spat between its original data service provider, presumably T-Mobile (based on the fact DataJack and T-Mobile had identical coverage maps back in January) and DataJack led the company to stop signing up new customers.  Since January, DataJack’s website has told would-be customers that the wireless modem necessary to use it was “out of stock.”

DataJack remained in limbo until the first week of April, when the company began e-mailing updates to dealers and customers about major changes to the company and its marketing:

1. “Unlimited” service is history, not that DataJack ever really offered it.  Many customers who used the service in excess of 5GB per month were notified their account would be closed at the end of the month’s billing cycle.  “Companies like DataJack have an English language comprehension problem,” writes Stop the Cap! reader Kevin. “The word ‘unlimited’ means ‘without limit,’ — a concept DataJack routinely ignored when throwing people off their service.”  New customers will be subject to a formal 5 GB usage cap.
2. Customers who did manage to get modems from DataJack may find they may no longer work after this Thursday.  The company is dropping GSM-based network service and moving to a CDMA network (either Sprint or Verizon — most believe the former), which means obtaining a new modem.  At least that will be offered free of charge to inconvenienced current customers.
3. The price for new customers is going up $10 per month — to $49.99 for 5 GB of service.  Existing customers get to retain service for $39.99 a month, albeit with the new usage cap.  The DataJack website has still not been updated to reflect the new pricing.

Kevin is taking a walk far away from DataJack:

“These people don’t have the first clue how to run a business.  Their entire marketing plan just a few months earlier was based on the premise of unlimited service.  They apparently got into trouble with their provider, another sign that doesn’t inspire confidence, and now they’re e-mailing customers telling them they literally have days to complete an equipment swap or lose service?  In the end, they were punishing people for actually believing their marketing nonsense about “unlimited” service and now they want people to believe a $10 price hike for less service is good news?  After everything that has happened with these people since January, who knows what will happen next month.  I’m not about to wait around to find out.”

Dealers were the first to be notified about the company changes.  Stop the Cap! obtained this copy of a message sent to DataJack retailers:

Dear DataJack Dealer,

Please note that Effective April 2, 2010, the following changes were made to our terms and conditions:

Service Usage. We reserve the right to safeguard our network from abuse, excessive bandwidth consumption or any activity that compromises the performance of our network. We may limit throughput speeds, control the amount of data transferred, and suspend, modify or terminate service, without notice, if your usage adversely impacts our network or exceeds 5 GB in a given month. We may monitor your compliance with the above but will not monitor the content of your transmissions except as otherwise expressly permitted or required by law.

Prohibited Uses. The service may not be used in a manner that violates any law (including without limitation, copyright and intellectual property laws); or the Service Usage clause.

We have found it necessary to implement these measures to ensure our DataJack customers are given the opportunity to access reliable, high speed, wireless internet service at a reasonable price.

95% of our customers will not be impacted by these new provisions; however, if a customer who is impacted visits your store and requests a refund due to no longer having access to the service, please direct them to the DataJack customer support team at 1-888-693-4522. Our team will work directly with the customer to resolve the issue.

Additionally, we are in the process of rolling out a new and improved Dealer Portal. Benefits of this portal include a more user friendly interface, virtual training videos, and enhanced functionality. Our systems will be down for a short period of time while making the transition. Please refer to customer service to process pins and activations for your customers.

If you have any questions, please feel free to contact [email protected].

The "unlimited service" so prominently mentioned in January is gone from today's marketing of DataJack (click to enlarge)

Existing customers were next to be notified by this e-mail message sent last week:

Dear Valued Customer,

To address recent quality and connectivity issues, DataJack is migrating our service on April 15, 2010 to a new Tier 1 network which delivers faster data speeds and an expanded coverage area. The move to this new network means that DataJack must replace your existing device by April 15th to ensure uninterrupted service. Realizing this could be an inconvenience to you, DataJack is offering our customers a FREE MIFI unit for use as your replacement device at absolutely no extra charge (M.S.R.P. $299.00).

To ensure we get your replacement device to you in a timely manner, it is imperative that you verify the name and address we have on file for you as soon as possible by replying to this email. The name and address on file is as follows:

(address removed)

Upon verifying your address, we will send your new WIFI unit and a postage paid return envelope so you may mail back your current DataJack device. We ask that you please return the used device within 10 business days. South Florida customers also have the option of exchanging their device on April 14th, 15th, and 16th from 10AM – 9PM EST at the following location: 6365 NW 6th Way Suite 160 Fort Lauderdale, FL 33309.

If you do not want to take advantage of the FREE MIFI unit offer, please contact customer service at 1-888-693-4522 to discuss alternative equipment options.

Please note that new customers will be required to pay $49.99 per month for service. This price increase will not affect you, your service fee will continue to be $39.99 per month. Additionally, we have changed our terms and conditions to include service usage and prohibited uses clauses. The terms and conditions apply to all customers.

Again, time is of the essence. We must get your new unit to you by April 15th to avoid service interruption. Thank you for your patience and we look forward to serving you on our new and improved network.

Best Regards,

The DataJack Team

Here is how DataJack dispenses with customers who use their “unlimited” service “too much”:

Dear DataJack Customer,

In accordance with our terms and conditions, more specifically the Service Usage and Prohibited Usage clauses, we are unable to renew your service upon expiration.

We regret that we can no longer provide service and wish you the best in finding a new provider for your wireless internet access needs. Our customer service representatives are available 8AM – 5PM Monday through Friday to address any questions you may have.

Best Regards,
DataJack, Inc.
888-693-4522

Under Terms & Conditions

Effective April 2, 2010

Service Usage. We reserve the right to safeguard our network from abuse, excessive bandwidth consumption or any activity that compromises the performance of our network. We may limit throughput speeds, control the amount of data transferred, and suspend, modify or terminate service, without notice, if your usage adversely impacts our network or exceeds 5 GB in a given month. We may monitor your compliance with the above but will not monitor the content of your transmissions except as otherwise expressly permitted or required by law.

Phillip Dampier

Verizon Wireless’s next generation LTE wireless broadband network threatens to bring expensive “usage-based billing” to millions of Americans using technology products that depend on wireless networking to communicate  — from the handheld tablet you use to enjoy USA Today over morning coffee, the car that delivers news, weather and traffic reports to and from work, to the portable television you use to catch up with the game while running around town.

At the Consumer Electronics Show, Verizon chief technology officer Dick Lynch warned that Verizon is likely to abandon any notion of flat rate usage pricing, particularly when Verizon doesn’t get a piece of the action from the sale of the devices that connect to their network.

Instead, Verizon Wireless will adopt a wireless version of Internet Overcharging — usage-based billing that isn’t entirely “usage-based.”

A true consumption billing system charges consumers only for what they use — don’t use the service that month and customers would pay little or nothing for service that billing period.  Instead, providers maximize revenue with arbitrary “usage allowances” which are part of the steep monthly service fee.  The unused portion of the allowance typically does not roll over, in effect lost at the end of the month.  That means you pay for not using their network.  Imagine if your electric company charged you for leaving the lights on 24/7, but you were out of town that month.  If you exceed your allowance, the overlimit penalty kicks in, and most providers set those prices high enough to sting you while rewarding them.

“The problem we have today with flat-based usage is that you are trying to encourage customers to be efficient in use and applications but you are getting some people who are bandwidth hogs using gigabytes a month and they are paying something like megabytes a month,” Lynch said. “That isn’t long-term sustainable. Why should customers using an average amount of bandwidth be subsidizing bandwidth hogs?”

Lynch

The first step to broadband pricing enlightenment is to recognize the only true “hog” here is the broadband provider with an endless appetite for your money.  Usage-based pricing schemes carry the one-two punch for consumers, with no pain for providers:

1. They discourage usage, as consumers fear using up their monthly allowance and getting socked with an enormous bill filled with penalties and overlimit fees;
2. The corresponding reduction in usage lowers the providers’ capital spending requirements to meet consumer demand, and increase profits dramatically from those who find allowances too limiting and are willing to pay the exorbitant pricing providers charge those who exceed them.

Does Verizon actually believe that $60 a month for their wireless broadband service represents a fair price for someone using “something like megabytes a month?”  Can Verizon show it is losing money on its wireless broadband service?  I think not.

Predictably, Lynch provides a “between-the-lines” slap at government intervention to force open wireless networks to additional competition in the equipment marketplace:

“The whole paradigm of how we sell devices into the public is changing,” Lynch said. “At the same time that we announced LTE, we announced an open development initiative where we encouraged third-party developers to deploy devices on our network.”

That initiative was hardly the result of a sudden change of heart from Verizon.  It came from pressure Washington applied over the “closed network” practices the American wireless industry has followed for years.  Handsets and the applications that run on them have traditionally been closely controlled by providers.  Features built into smartphones and other handsets were disabled or limited by providers before the phones were sold to the public.  Usually, this forced customers to use the services either provided directly by their wireless company, or one of their “affiliated partners.”

Verizon Wireless is signaling the consequence of a more competitive, open market for wireless products and services: usage limits and a higher bill. That’s because you didn’t buy that device at a Verizon store at their asking price, and you’ve been using it too much.

Consumers would make a grave mistake in blaming a more activist watchdog role by the federal government to force open the wireless industry to competition and innovation by third parties.  Despite Verizon’s hints that those pesky regulators in Washington are to blame for your usage being limited and your bill being higher, the blame really belongs with the carriers pocketing those proceeds.

Since regulators will get the blame regardless, isn’t it time to go all out for American consumers by transforming the wireless provider marketplace?  Here are our suggestions:

1. An end to the ongoing consolidation of existing wireless players into a shrinking number of what will soon be two or three “too big to fail” national providers;
2. Insistence on additional competition coming from new, independent players, not simply those directly affiliated with the dominant four carriers (Verizon, AT&T, Sprint, and T-Mobile);
3. Justification for confiscatory data pricing made possible from the highly concentrated wireless marketplace, particularly in smaller cities and communities.

Verizon and AT&T have both engaged in a lot of scare talk about usage and their costs to manage it.  We’d believe them, except we read their financial reports and neither company is hurting.  We’d even be willing to meet them halfway and advocate additional allocations of spectrum to provide the bandwidth an increasingly wireless world will demand, but not at their asking price with those pesky terms and conditions that ration service to consumers at top dollar prices.

Phillip "Doesn't Worship Wall Street" Dampier

Bray Cary, president and CEO of a group of West Virginia television stations enjoying advertising revenue from Frontier Communications, was back on his Decision Makers program to allow an opposing viewpoint to the puff piece interview he held earlier with Frontier’s Ken Arndt, Frontier’s Southeast region chief.  This time, he invited Ron Collins, vice-president of the Communications Workers of America to give the CWA side.  Cary’s Tea-‘N-Cookies Breakfast Club With Ken this was not.  Cary decided to play hardball with Collins, leaving no viewer in doubt where Cary stood on the question of Frontier’s proposed purchase of West Virginia’s phone lines from Verizon.

Unfortunately, Collins was not completely prepared to rebut Cary’s pro-Wall Street, pro-deal propaganda and looked ill at ease at times during the interview.  We’re not, and Cary’s “facts” deserve some investigation.  After all, how hard should it be to rebut a guy who believes Wall Street and the banks have all the right answers for West Virginians’ phone service?

• Video No Longer Available.

Right from the outset, Cary wants to play “devil’s advocate” with Collins, asking why in the world the CWA is opposed to this deal.  That was a major departure from his cheerleading session with Arndt.

Bray Cary, Host of Decision Makers

“I’ve looked at this […] their stock has been extremely stable.  Wall Street appears to be signaling their financial viability is okay.  Why is the stock market not reacting negatively?  If it’s good for stockholders, how can it be bad for their financial stability.  Stockholders want financial stability,” Cary said in a series of statements about the deal, including mentioning a Moody’s report on the deal.

The Moody’s report Cary talks about is for shareholders who will reap the rewards or suffer the losses based on the success or failure of the deal.  Moody doesn’t rate the deal’s impact on consumers who have to live with the results.  What’s good for Wall Street is not necessarily what’s best for customers.

“What you don’t have is anyone in the financial community suggesting this is a bad financial deal,” Cary said December 13th.

Wrong.  Almost a week earlier, on December 7th, D.A. Davidson, a respected Wall Street analyst said the opposite.  In a story published in Barron’s: “Frontier Communications’ Shares Not Wired for Success,” the analyst firm argued the regional telecom’s acquisition of Verizon’s rural lines will be… wait for it… bad for the stock.

Cary’s claim that Wall Street is concerned with the long term viability of companies belies the growing reality that much of the investment culture in America has a long term obsession with short term results.  Your company is only as good as your last quarter’s financial earnings statement, and several bad ones in a row are usually enough to bring a recommendation to dump shares.  Frontier has kept its stock value stable largely as a result of their steady dividend payment.  Collins claims Frontier has gone beyond reason, paying 125% of earnings in dividends.  That may make the stock a popular choice for income investors, but is also eerily familiar.

FairPoint Communications also enjoyed a healthy stock price because of its high dividend payout.  Wall Street only got concerned when they thought that deal might not go through.  Morgan Stanley issued a report in 2007 suggesting the deal between FairPoint and Verizon to take control of landline customers in Vermont, New Hampshire, and Maine, was itself helping to prop up the stock’s value.  We saw how far that got FairPoint when the company declared bankruptcy a few months ago.

Ron Collins, CWA's vice president

Indeed, smaller independent phone companies commonly use high dividends to remain attractive to investors and stay viable in a tough market.  Windstream is another such company and even CNBC’s Jim Cramer gave due diligence to the fact high dividends and stock value by themselves don’t necessarily predict the company’s long term success or failure.

Make no mistake, Frontier has sold this deal to investors based on dividend payouts, claimed cost savings, and a safe bet that any broadband in rural America will earn them increased revenue, especially where consumers have no other place to go for service.

Frontier will take on massive additional debt to finance the deal, but on paper it actually appears to reduce their debt ratio.  That’s because when you add millions of new customers, the debt doesn’t look so big next to the increased revenue those additional customers will bring, assuming they stay with Frontier.  Should Frontier’s performance underwhelm customers, they’ll drop service if they can.  If mobile phone networks do a better job of reaching these rural customers, many will drop landline service anyway.  When wireless broadband service becomes a more realistic option, customers might toss Frontier’s slow speed DSL overboard.

AT&T and Verizon have read the writing on the wall — an ongoing decline in landline service and the eventual death of the kind of service Frontier is providing its customers on its legacy network.  Would you be better off with a company that recognizes the truth about the future of wired basic phone service, or the one that wants to buy up obsolete networks and hang on until the last customer leaves?

Cary’s concern starts and stops with shareholder value, not the individual long term needs of consumers across West Virginia.

“All of the bankers and all of Wall Street are saying financially this is a good deal financially for Frontier,” Cary argued.

“Good for Wall Street, bad for West Virginia,” Collins replied.

“Well, see I disagree… that has been a myth put out there, and the reason we don’t have any jobs in this state is companies don’t want to come here just because of that mentality.  People need to make money.  You look at where companies are flourishing, the workers flourish when they do,” Cary said.

Really.  Then why are several of these telecommunications companies awash in revenue also continuing to reduce their workforce in their relentless effort to obtain “cost savings.”  Someone is making money, just not the average employee.  Every state has pro-business acolytes claiming businesses don’t want to come to their state because of regulation and a hostile business climate, even those with the fewest regulations, lowest taxes, and little protection for employees and consumers.

Cary does make one valid point: Verizon wants out of West Virginia and refuses to invest a dime in the state as it looks for a quick exit.  Instead the company has diverted resources from serving smaller states’ phone service needs into its larger city FiOS fiber to the home system where it believes it can reap more revenue.  Whether that disinvestment should be permitted in the first place is a question that needs to be asked.

Verizon is a regulated utility that is required to meet certain performance standards, and the company’s long history of operations under that framework, under which it profited handsomely, does require consideration.  But the state can also provide additional incentives to make it more attractive for Verizon to commit more resources in the state, ranging from tax credits, public-private investment, rewards for performance and service improvements, etc.  It can also find someone else to provide the service, or let local communities band together into cooperatives to run their own networks, should customers find that could deliver better service.

At the very minimum, Frontier should he held to strict conditions that require a fiscally responsible transaction for ratepayers, not just for shareholders and management.  Verizon’s workforce, already cut to the bone, should not bear the brunt of “cost savings” either, both now and into the future.  If Frontier wants to deliver broadband, they should commit to offering 21st century speed (not the 1-3Mbps service typical for their smaller service areas) without their draconian 5GB usage limit in their Acceptable Use Policy.

Cary doesn’t concern himself with those kinds of details, but consumers and small businesses in his state sure do.

Cary wants more jobs and more earnings for West Virginia.  In the changing digital economy, high speed broadband isn’t an option — it’s a necessity.  Verizon has a proven track record of being able to provide 21st century broadband — Frontier does not (sorry, 1-3Mbps DSL is more 1999, not 2010).

Cary makes an astonishing statement in the third segment of the interview which makes me question his ability to grasp the reality-based community most Americans live in today.

“I have great faith in the banking system in America, in Wall Street, to evaluate these things.”

That stunned Collins, who asked, “even after the 2008 crash?”

Cary seems to think “everything is back to normal.”  Unfortunately, after the bailouts and big lobbying dollars being spent in Washington to preserve the status quo as much as possible, everything is back to normal… for Wall Street and the banks.  The rest of the country, including West Virginia, is another matter.

FairPoint's Stock Price from 2007, when it announced the deal with Verizon, to late 2009 when the company declared bankruptcy. By late 2008/early 2009, what seemed like a great deal for investors was apparently not, as the panicked rushed for the exits.

I’ll put my trust in the wisdom of West Virginians who want good service and reasonable prices.  If Cary wants to read from the Good Book of the “paragons of virtue” like AIG, Bear-Stearns and Goldman Sachs, let him sell his TV stations to help finance the bailouts.  Remember that when we went through this before with Hawaii Telecom and FairPoint Communications, the cheerleading session on Wall Street lasted only as long as the quarterly balance sheets looked good.  At the first sign of trouble, they bailed on the stock and both companies ended up in bankruptcy.

For them, it represented just another roll of the dice in the giant financial casino we call Wall Street.

For the rural residents of states like West Virginia who ultimately have to live with the results, this is their phone and broadband service we are talking about.  Before all bets are placed and the dice are thrown, isn’t it worth considering them?

Apple iPhone

AT&T Mobility, the still-exclusive provider of Apple’s iPhone in the United States, is floating trial balloons about the imminent end of “unlimited data” plans for iPhone customers.  Although the company has always defined their wireless broadband service as “unlimited” even though the fine print says they really mean “up to 5GB of usage per month,” the mandatory data plan forced on iPhone customers has retained its “unlimited means unlimited” definition.  We’ve never verified a customer thrown off of AT&T’s network for using too much data on their iPhone.

AT&T has managed the iPhone as both a success story and a major challenge to its network.  People will go to all sorts of trouble to acquire and keep an iPhone, including putting up with less 3G coverage and more congestion-related dropped calls and other service problems in some larger cities.

Considering the enormous revenue boost the iPhone has brought to AT&T, customers might wonder why the company simply doesn’t pour additional money into building more network capacity.  AT&T Mobility CEO Ralph de la Vega doesn’t agree.

He believes the answer isn’t going to be found in just upgrading AT&T’s network.  Instead, he wants to implement an Internet Overcharging scheme like consumption billing and do away with the “unlimited” plan altogether.

AT&T claims that three percent of smart phone customers consume 40 percent of network capacity, a substantial percentage if compared with the amount of data a mobile broadband dongle can help a laptop or netbook consume.  Of course, those numbers are AT&T’s and do not come with independent verification.

For de la Vega, consumption pricing “is inevitable.”  That allows AT&T to reduce demand on its network and manage upgrades at a level more comforting on that quarterly financial report.

“What’s driving [high] usage are things like video or audio that plays around the clock,” de la Vega said at an analysts conference. “We have to get to those customers and get them to recognize they have to change their patterns, or there are things we will do to change those patterns.”

Customers forced to ration their usage with the threat of a higher bill can work… for AT&T.

AT&T may be about to test the limits of the iPhone enthusiast.  After all, they’ve already been pushed into a two year contract for a premium-priced phone, enrolled in a high priced service plan with a compulsory data package add-on, and have to live with AT&T’s less-than-stellar coverage in several areas.  Will AT&T be able to punish its customers further by taking away their unlimited data plan and replace it with consumption billing and see if they’ll break?

We’re likely about to find out.

AT&T wants to embark on a part-conservation, part-education campaign to get customers to reduce usage.

“We need to educate the customer … We’ve got to get them to understand what represents a megabyte of data,” de la Vega says. “We’re improving all our systems to let consumers get real-time information on their data usage.”

That’s the AT&T version of the gas gauge, the usage meter that means more profits for them and less service for you.

A question customers might want to ask Apple and AT&T: If the sole provider of the iPhone in the United States is a hard luck case of an over-congested network and an inability to invest profits to expand it, perhaps it’s time that exclusive contract comes to an end, allowing other mobile providers to ‘share the burden.’  Then customers can decide if AT&T’s rationing, consumption billing, and education campaign is right for them.

The Novatel USB760, branded for Verizon Wireless

Verizon Wireless today announced the introduction of a prepaid wireless broadband option for customers who don’t want to pay $60 for 5 gigabytes of usage, with a two year contract.  Prepaid Mobile Broadband will be available starting November 15th in Verizon Wireless stores, sold as a “starter pack,” for $129.99, which includes a Novatel USB760 modem and a brochure showing different pricing options for the service.

Both Verizon and Virgin Mobile’s prepaid broadband services use the same USB760 modem, but that’s where the comparison ends.

Verizon Wireless expects prepaid customers to pay premium pricing for the convenience of having wireless broadband access without a contract on Verizon’s expansive 3G network.  Customers have three options:

• Daily Access: $15/day for 75MB
• Weekly Access: $30/week for 250MB
• Monthly Access: $50/month for 500MB

Unused allowances expire at the end of each term.  Verizon includes a “usage chart” with low ball estimates of what customers can do on each respective prepaid plan:

Data Type             Daily         Weekly       Monthly

E-mail (1 text page)  25,600        85,300       170,000
Typical Web page         500         1,700         3,400
Low-resolution photos    150           500         1,000

Don’t even think about streaming video at these prices. Virgin Mobile’s prepaid wireless broadband service was expensive until Verizon Wireless came around. Virgin Mobile charges $10 for 100 MB for 10 days, $20 for 250 MB per month, $40 for 600 MB and $60 for 1 GB.  Cricket also sells a prepaid wireless broadband plan for $40 a month for up to 5GB of usage, but has dramatically less coverage.

These plans are typically designed for occasional use only.  Those with regular on-the-go wireless broadband needs will do better under a contract plan.