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[SPECIAL REPORT] The AT&T led data capping trend. It's not too late.

Since May of 2011, AT&T has announced an intent to data cap their DSL subscribers. However a year later this policy has only been implemented in specific "test markets" and not universally . Rates are set at 150gb/month and U-Verse at 250/gb a month with additional overage fees of $10 for every 50 gigabytes beyond the limit. A direct link to their current corporate policy and videos on this can be found here . However it's not what they cost now, it's what they can cost later and what's already happened to countries that have allowed caps to become mainstream. *AUP in the above image stands for Acceptable Use Policy. Instead of automatic system-enforced penalties, the companies only enforce their policies when they call you up. Known regions confirmed to be affected by AT&T data caps to us are locations in the southeast US , the midwest , and some specifc areas like Georgia and Las Vegas. Caps have suspiciously been instated first in areas with weak to no competition, while there remain "implementation problems" in others. An AT&T subscriber discovering that his meter has finally been turned on The fact that caps have not been implemented universally is a form of price discrimination especially for regions that have been unfortunately singled out as test markets while others continue without the expense. Why should certain towns, cities or states be paying overages for up to a year to date while others do not? Several other providers have also begun following the trend including Suddenlink , Cox, Commspeed , Charter , Comcast(first offender from 2008), and Centurylink , the latter of which is conveniently exempting their own video content from such caps. Update (3/1/2012). Bernstein Research analyst Craig Moffett wrote in a research note to his investor clients “Over a period of years, as the market becomes more accustomed to (usage-based pricing), we expect these plans to become the rule rather than the exception,” . Time Warner Cable was also one of the original attempters of an internet overcharging scheme in 2009 in Beaumont, Texas before local residents and StopTheCap put an end to it. They have not been named in the above image because they haven't followed suit....YET. The time to act before it's too late is now. Another problem is that while attention is focused on mobile unlimited throttling, relatively little attention is being paid to landline caps spreading across the country. However many smartphone users already know to save money by using data on wi-fi whenever possible. However that "saving money", may soon end up costing far more than what mobile fees currently are when that wi-fi data starts putting every landline connected wi-fi router into overage territory too. The World Broadband Foundation in collaboration with local consumer group Stop AT&T from Bandwidth Capping are also leading an open investigation into which regions have already been capped, and most importantly are without options. We are calling for information and submissions to help build a comprehensive picture of the problem and if possible stop the spread of metering any further. Caps are not just bad for the American quality of life, they are also bad for the American economy. They will affect the ability of Americans to execute on their ideas, and the ability to continue to out-think and out-compete the rest of the world. We also join the New America Foundation and Public Knowledge along with musicians represented by The Future Of Music in asking the the FCC to investigate caps further and support revised renewal of the anti-metered billing bill introduced two years ago. Petition to Stop Bandwidth Capping on change.org - http://www.change.org/petitions/stop-data-capping Stop AT&T from Bandwidth Capping, a Facebook Consumer Group - http://www.facebook.com/groups/186439608067383/ The US Data Cap Investigation Project - http://www.worldbroadbandfoundation.org/content/us-data-cap-investigation

[HIGHLIGHT] New York City Fiber Challenge

Businesses have a limited time opportunity to win a free fiber rollout to their business. Contestants demonstrating the highest potential impact of fiber connectivity – on their own business, nearby businesses, and underserved areas – will become finalists. Contestants will be required to sign a one-year service contract with a participating ISP at negotiated market rates before they are eligible to receive a free fiber build-out. http://nycfiberchallenge.com/

CRTC chair candidates announced and Canadian third party broadband access worsens

The Wire report notes that at least three candidates have officially applied for chairmanship position vacated by previous chair Konrad Von Finckenstein. In addition to this, there is another rumour that someone much less well-known to the pro-internet community, Jean Pierre Blais within the CRTC is also one of the finalists . The finalists known and rumoured to the public currently are as follows: Len Katz Current Acting Chair and normally vice chair-man of telecommunications. Otherwise known as the "friend to the telecoms" to the pundits with most of his background having served with regulatory affairs with Bell and Rogers. It is expected that Canadians will see little change from the status quo under his stewardship. Tom Pentefountas - He is current vice-chairman of broadcasting but has been accused of being entirely unqualified to be a commissioner much less of a chairperson, with his appointment occuring via cronyism whose purpose is to see that Harper's policy agenda is followed. He has even had the gall to suggest to OpenMedia in last year's UBB hearings that there is nothing undemocratic Canada's internet being controlled by a few companies. Of all the choices, Pentefountas is not only the most unqualified but also potentially the most dangerous for the little protections and oversight they still have left. Timothy Denton - He has formerly been legal counsel for CAIP, and organization now largely superceded by CNOC and has chaired the Commission's Telemarketing Violations Review Panel. Canadians are fortunate to have a representative "from the other side" and Commissioner Denton is probably Canada's best hope in turning around the CRTC's current ineffectiveness at both regulating for and addressing the Canadian public interest. Jean Pierre Blais - As much as any of us can tell on the internet, he is not a commissioner and not a person noteworthy enough to have his own profile on the CRTC website. What is know is that he has served in a behind-the-scenes legal capacity and has commented on media ownership (at about 3:15) in Canada publicly before. However when put on the record his stance seems to continue to favor the incumbents and further consolidation of media ownership so that Canadians can homegrow some majors strong enough to compete internationally. If Bell and Rogers are run the same way they are in Canada as they would be internationally, the world can only expect to experience some of the worst overcharging and anti-competitive behaviour in the industrialized world. At this time we are unclear on whether or not the public even has any say in this decision, or typically this is decided purely within the CRTC's walls but whether or not Canadians have anything to look forward to in the coming years, will be decided in a few weeks. However Canadians are fortunate to have at least one candidate that may bring positive change. It is one more than anyone in the pro-internet community would have expected. ---- In other news, the situation continues to worsen with TPIA in Canada, in particular with Teksavvy as costs continue to rise as a result of the rates set by last year's decision while members of CNOC are still unable to obtain access to the capacity they need and are willing to pay for (see attached document), preventing them from signing up new subscribers and switching from existing incumbents - otherwise known as a stop sell. When we last spoke with Teksavvy repesentatives there was supposed to have been a 1 month enforceable timeframe in implementing the required capacity upgrades at least with Rogers cable, but as this issue has continued to drag on for close to a year now (encountered as early as July 2011) clearly what the CRTC says they do and represent and what they actually enforce effectively are entirely different things. Measurement Lab's DPI (Deep Packet Inspection) team has also found that Bell and Rogers occupy the 4th and 6th spots respectively on the world's worst throttlers list. Here are the results Canada wide. Despite Bell formerly committing to ending throttling, the DPI studies show that Bell has actually increased their throttling. It might be fair to assume that similar vows from Rogers to cease throttling will also be not worth the paper they are pledged on. This must be treated as a warning sign and STRONGLY considered by anyone with a choice of working or setting up business in Canada or elsewhere internationally. Even though the presence of these independents may exist on paper to still offer comparable options to other parts of the world, effectively these choices may be nullified depending on the location you are considering since in many cases they cannot actually sign up new business.

CRTC 2012-168 opens up TPIA wholesale rates to public input and private disclosure

The CRTC has now formally moved into a rate review of the wholesale rates decided from 2011-77 in which independent ISP's would be charged rates that may push retail prices upwards of $150/mnth on top of additional fees that have been added since the increase. However as much of these rates are deemed confidential by the incumbents, the CRTC has opened up the proceedings to allow parties to comment on what portions of this costing should become public and if registered to become parties, will be able to comment on "confidential" disclosures privately. While there is reason to be pleased at the CRTC's increased openness to involving citizen or non incumbent stakeholder participation, we are not cautiously optimistic about this since there are very little qualified parties within Canada who would have the background and knowledge to do so. The fact that the CRTC has opened this up, also implies that they are not up to the task. This move could also be played by the CRTC to say that "they tried" but if no parties are able to step up to the plate (as I'm sure they also realize) then the rates continue, 'due diligence' would have been attempted and Canadians will be left holding the bag. There are definitely areas we can comment on but at this time we are may have to have prioritise getting our map done and avoid getting sucked into yet another lengthy proceeding that distracts us from our original and core goal. However due to the urgency and uniqueness of this opportunity we advise anyone, even from outside of Canada that can comment on industry standard rates and practices to comment yourselves or contact us with any suggestions that may be helpful in an intervention. This is sadly an example for other countries that markets should not be allowed to fail so badly that such repeated attempts at over-regulation (and resulting uncertainty and ham-fisted results) are required. The deadline is May 22nd 2012 http://www.crtc.gc.ca/eng/archive/2012/2012-168.htm We've also included CNOC's commissioned report on this issue by Nordicity (which the article image also comes from)

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