A recent Wall Street Journal (WSJ) article (requires subscription) chronicles the increasingly problematic effect of data caps on the quality of residential subscribers' Internet access experience.

Also known as a bandwidth cap, a data cap is a monthly bandwidth usage limit Internet Service Providers (ISPs) sometimes impose on subscribers at their standard monthly rates. While some ISPs charge customers more for exceeding their monthly bandwidth caps, in other cases ISPs may even cut off a customer’s service completely.

The problem is also harming companies like Netflix and Sling TV who are losing customers who can’t justify paying for a high capacity video streaming service that’s only available until they hit their data caps partway through the month. In response, Netflix lowered the video quality for users on ISP networks that use data caps as a way to help them avoid the limitations. The plan worked, but in the process Netflix angered customers, who blamed both the ISPs and the streaming service for the lowered video quality.

It's Not All About The Money

The problem goes beyond the extra fees charged to customers who use a lot of data. The WSJ article cites two Internet users who’d like to join the growing number of “cord cutters” who are dropping television service for Internet-based video. As one man put it:

“I wouldn’t have regular TV if not for the data cap,” he says. “Comcast has got me by the throat.”

Another added:

“I was planning to cut the cord when my DirecTV contract is up,” he says. “This is essentially a ploy to keep people from cutting cable in my opinion.”

An increasing number of subscriber complaints and suspicions about the accuracy of measuring bandwidth usage heighten concerns.

Feds Take Notice

In a recent editorial, the New York Times recognized that cord cutting is the wave of the future. They agree with the Coalition for Local Internet Choice, and other advocates for local telecommunications authority that the FCC should take steps to remove barriers to local Internet choice created by states on behalf of cable and telco lobbyists. The Editorial Board notes that laws limiting municipal networks block the ability for consumers to take full advantage of this phenomenon:

Among other things, they should override laws some states have [no-glossary]passed[/no-glossary] that make it difficult or impossible for municipalities to invest in broadband networks.

Even though consumers are moving away from cable TV subscriptions, large corporate providers are making up for losses by an increase in Internet access subscriptions. As a result, they still maintain a significant leverage and consumers still face the same old problem - a lack of competition. Striking down anti-competitive state laws blocking munis would create a healthier balance, argues the Times Editorial Board.

This is an opportunity to respond to customer demand and make policy changes the consumers need, argues the NYTimes. Time to act! 

Customers are clearly saying that they want to watch and pay for TV in a different way. Regulators and media executives ought to heed and respond positively to that message — policy makers by encouraging more competition in the broadband market, and media businesses by making more of their content available online.

Longmont, Colorado, will move ahead with plans to offer fiber connectivity to the entire community. After presenting this business plan to the City Council, members voted unanimously on May 14th to support the measure. Scott Rochat from the Times-Call attended the meeting.

Residents stepped forward to express their opinions and all but one urged the council to "get it done."

From the Rochat article:

The plan projects a four-tier price structure. For residential rates, that's proposed to range from $39.95 a month for 10 megabit-per-second upload and download, to $99.95 for 100 mbps.

The study estimates that 35 percent of homes would choose to get their Internet service from the city, still leaving plenty of the field for the existing providers.

"Competition is good," Councilman Alex Sammoury said. "Just because we're a government entity doesn't mean the free market doesn't apply to us. If someone can do it better, more power to them."

The plan proposes to have the city provide Internet directly and work with a private partner for phone service.

Video service would not be provided, Roiniotis and the Uptown consultants said, because Internet video has eroded the market for traditional television.

Vince Jordan, LPC Manager, began the presentation and stressed economic development, education, and lifestyle.

Representatives from Uptown Services reviewed recommendations and the business plan. They answered about 3 hours of questions from council members, including skeptical members who want to avoid becoming the next Provo, Utah. Neil Shaw and Dave Stockton from Uptown Services provided some perspective between the two communities. They pointed out the large number of successful networks in states across the country.

Longmont had been prepared to incrementally expand the network using the cash on hand from the many years of dark fiber leasing. Such an expansion could be done without borrowing but would take a long time (more than ten years, likely) to get to everyone. This is the approach Danville, Virginia, has been using.

Imagine going to a gas station, putting 10 gallons into your car's 12 gallon tank, and driving off only to find your needle only approaches half a tank? This scenario is quite rare because government inspects gas stations to ensure they are not lying about how much gasoline they dispense.

But when it comes to the Internet, we have found measurements of how much data one uses is unregulated, providing no check on massive companies like AT&T and Time Warner Cable. And we are seeing the results -- AT&T is not open about what its limits are or how to tell when one has exceeded them.

Stop The Cap has noted that AT&T has advertised unlimited bandwidth for its DSL/ U-verse product while chiding and charging customers who exceeded certain amounts of monthly usage. Customers were quietly warned and charged $10 for each additional 50 GB over 150 GB for DSL subscribers or 250 GB for U-verse customers.  Clearly, "unlimited" has several definitions, depending on whether one is a customer or an ISP.

Complaints have also come in from SuddenLink customers and others. The ISP charged usage based customers for bandwidth usage when they didn't even have power. Simlarly, AT&T customers began to complain about inaccurate meters from the beginning of the program. This from a 2011 DSL Reports story - one of many comments from AT&T customers:

AT&T's data appears to be wholely corrupted. Some days, AT&T will under-report my data usage by as much as 91%. (They said I used 92 meg, my firewall says I used 1.1 Gigs.) Some days, AT&T will over-report my data usage by as much as 4700%. (They said I used 3.8 Gig, dd-wrt says I used 80 meg. And no, this day wasn't anywhere near the day they under-reported.)

In our recent podcast interview with Vince Jordan of Longmont Power and Communications (LPC), we shared the story of Colorado's newest community network. Vince told the story of the community's struggle to overcome a massive misinformation campaign by Comcast and progress since. LPC is proving itself to be innovative, creative, and centered on community - all attributes that should drive their success.

We asked what future plans may be in the works for the expanding the network or the different potential services coming to residents and businesses, wondering if triple-play services may be offered. Vince noted that in LPC's current online survey, video and voice are two products that have sparked the public's interest. Because video can be one of the most expensive and least profitable ventures, LPC is once again approaching the community desires creatively.