Internet monthly download limits

NEW YORK – Three months ago, Guy Distaffen switched Internet providers, lured from his cable company to his phone company by a year of free service on a two-year contract. But soon the company quietly updated its policies to say it would limit his Internet activity each month.  “We felt that were suckered,” said Distaffen, who lives in the small village of Silver Springs in upstate New York.  The phone company, Frontier Communications Corp., is one of several Internet service providers that are moving to curb the growth of traffic on their networks, or at least make the subscribers who download the most pay more. 

This could have consequences not just for consumers — who would have to learn to watch how much data their Internet use entails — but also for companies that hope to make the Internet a conduit for movies and other content that comes in huge files. http://news.yahoo.com/s/ap/20080822/ap_on_hi_te/tec_internet_caps_2

Comcast Corp., the second-largest internet service provider in the United States, confirmed Thursday it would set an official limit on the amount of data subscribers can download and upload each month. On Oct. 1, the cable company will change its user agreement to say that users will be allowed 250 gigabytes of traffic per month, the company announced on its website.

Caps are not the same as throttling. Many ISP such as Bell also  have severe download throtlling during peak times, evenings and weekends.. and they throttle torrents FROM  520 Kb/sec, to a trickle of  30 Kb/sec!!!

Any excuse to “throttle” or to cap for extra cash seems to be the fare of the day with greedy gouging hogs, wild Boars, the ISP’s these days.

One person has said “one of the best ISPs in the world…. Novus…we have fiber right to our apartment, 10mBit service and no hard data caps…  fast, and in both directions, …and they offer a 50mBit service as well….”

NOVUS TV
Take your television experience to the next level with our huge selection of, cable, digital, and HD channels.
Get NOVUS TV for as low as $9.95

NOVUS HIGH SPEED INTERNET
Experience the power of the fastest residential Internet service in Western Canada.
Get NOVUS NET 10 for as low as $27.50

NOVUS DIGITAL PHONE
Novus Digital Phone offers some of the most affordable phone rates in Western Canada.

Get NOVUS DIGITAL PHONE for as low as $21.95

http://www.novusnow.ca/

“My more costly plan with Shaw Cable has 100 GB per month cap and download speed of 10 Mbps. ”

 “National Capital FreeNet works great for me and they have a 200GB download limit. Bell and Rogers seems to want to take advantage of people that don’t read the fine print. Monthly charges can get very expensive we you have to start paying for extra download allocation.”

Bell, Sympatico,  now is not even close to being competetitive..

Do pass on this page also to others..

http://thenonconformer.wordpress.com

http://canadatoday9.multiply.com/journal/item/4/HOW_TO_DEAL_WITH_MAJOR_COMPLAINTS

http://anyonecare.wordpress.com/2008/11/03/dealing-effectively-with-computer-viruses/

 http://thenonconformer.tripod.com/ 

BEIJING (AFP) – Around four million Chinese youngsters are addicted to the Internet, mainly attracted by   “unhealthy” online games, state media reported Friday, citing a top legislator. “Internet-addicted teenagers” account for around 10 percent of China’s Web users under the age of 18, the Beijing Times said, quoting Li Jianguo, a vice chairman of the standing committee of the National People’s Congress, or parliament. The committee has called for stricter monitoring of Internet games that have illegal or inappropriate content, the report said. It has also said games should include technology that automatically logs players off once they exceed a set number of hours of continuous play.
http://news.yahoo.com/s/afp/20080829/lf_afp/lifestylechinainternetgamesyouth_080829161250;_ylt=AsoTW_LWMCNi0G8z0NqJvNBk24cA

AND WHAT ABOUT THE PORN USERS TOO?

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The Justifiable Consumer uproar in Canada

 

I have sent many letters to the useless Minister of Industry, Consumer affairs,  Jim Prentice MP   CorrespondenceMinister@ic.gc.ca  and when I next phoned them in Ottawa and I HAD RECENTLY asked about a decent reply to my many letters, they said they do not know where they are,  and for me to mail them again TO THEM.. RATHER ask them to read them on the net too then for they are there as well!! Let them RE read this too..

 
Stephen Harper is a hit when viewed from afar Calgary Herald,  Canada –  From a close-up perspective, the Conservative government has put in a fairly credible, largely scandal-free performance since the election in 2006 ????????????????????? Not true!
The MP Stephen Harper, he is nice from far but far from nice, as we all know also that he lies, lied, had broken most of his re-election promises, which the Conservative Ostriches in Alberta would now have us falsely try to deny, and even have us wrongfully  to become liars like them now too…  even denying Harper’s and the Conservative promises of full openness, transparency ,  accountability and not to hire any conservative friends, etc,… to be different than the other parties now too.. not be merely another  bullies, bashers, liars, slanderers, living high on the hog, alcoholics, etc,..
the typical bad lawyer, Minister of industry, consumer affairs, Jim Prentice MP, also hires his Conservative friend, shame on you.. Tories appoint Reform founder Manning to science advisory panel  AND as for Preston Manning ALL HE SEEMS TO LOVE TO TALK ABOUT MONEY THE ROOT OF ALL EVIL.. NOW HE MANNING WILL GET MORE MONEY TO DO THAT TOO. ABSURD! If he is now a real Christian then I am a monkey’s uncle too. HOW IS THAT FOR A SCIENTIFIC INPUT?
 
So the Industry minister even calls on Bell, Telus to explain new text charges- 
 
 

 

This is not even a new issue but an old one. I firstly could not help but notice that a very significant AMOUNT OF YOUNG PEOPLE USE THE iPHONES AND COMPUTERS STILL, and that as a direct result we now have whole generation of users who clearly do strongly hate the federal government as well as the big corporations for allowing them to be abused again and again. A really Smart move??  for the Conservatives and big Corporations   getting young customers too mad at them now even for life. Certainly not a good, or a great marketing practice for  the Conservatives, the Corporations, even for Industry Minister Jim Prentice MP. The whole fiasco, poor past responses, inactions   now still being poorly thought out ironically  applies now even to to the Conservatives and the Industry Minister himself  now as well.. It all clearly falls in the same category as the Conservative Stockwell Day MP  and his past skidoo antics.

“Finally Industry Minister Jim Prentice is calling on the chief executive officers of Bell and Telus to meet with him and explain their decision to charge consumers for incoming text messages. Jim Prentice has sent letters to the heads of the two companies, has said the decision to charge consumers without text bundling packages will hurt consumers. The companies must meet with him before Aug. 8. “While I have no desire to interfere with the day-to-day business decisions of two private companies, I do have a duty as minister of industry to protect the interests of the consuming public when necessary,” Prentice said in a statement. “I believe this was a poorly thought out decision.” Under the Corporations  new plans, customers will be charged 15 cents for each incoming text message, including uninvited spam messages. Previously, customers without text plans were only charged for outgoing messages. Customers with a text messaging rate plan or bundle will not be affected by the new charges.”

Hey  let me shout it all to you again and again, as a taxpayer I too always do openly rightfully expect always a  good government, and I rightfully expect the government to do it’s job, including all of it’s ministers, and I rightfully also expect them always to fully to protect the citizens from the Corporations false misleading advertising, price gouging, price fixing, price collusions, bait and switch approach sales marketing approach, and a lot more. The problem also with the industry minister acting now on the iphone text issue while better late than never, is that the same major ISPs have used the same immoral approach on their Internet services as well and to date nothing was , is being done still about that  wrongfully. and this is also still unacceptable.
It is also still  interesting how much of the negative complaints rightfully are even coming from Alberta even from the Industries Minister’s own riding, Province too, right from the heart of Conservative supporter country.
Here again is how many Canadian consumers, citizens do see it as far as the iphones mainly. “Only the person who sends the message should be charged plain and simple. Why should I pay because some spammer sent me a text message that I did not want to receive. If I don’t want to answer my phone, I can simply ignore a call, but a text message from a number I don’t recognize is delivered to my phone whether I want it to be or not.”
“Don’t think for one minute that hasn’t been their plan all along – announce it at a high rate, with the intent of “backing off” to a lower rate…and then slowly increase that rate over the next few years once there’s a general acceptance of the practice “
“I am loathe to trust a company that changes the terms of my agreement mid-contract. I would like to learn how it is that they are allowed to do this, but if I would like to change the particulars of my contract mid agreement, it is not allowed.  I would like to think that if the terms are changed, shouldn’t the principal agreement holder be notified of the changes, otherwise it be nullified?”
“Pay twice for one service…..  I’ll charge a fee to them for writing a cheque to pay my bill”
“Clearly it is in the best interest of consumers for their elected representatives to voice their concerns on top of those of the consumers when Canadians are being gouged at almost every turn. Bell and Telus clearly to not have the best interests of their customers in mind, rather as always, they are motivated by greed and profit. “
“Kudo’s to the NDP on this one!!”
This is so typical Bell, Bait and Switch,  first bait the customers and nail the customers on the  extras next too.
Google slams Bell Canada: open Internet is “extraordinary”
Ars Technica – By Nate Anderson | Published: July 08, 2008 – 12:30PM CT The public comments on Bell Canada’s P2P throttling practices are in, and one thing is clear: a gulf the size of Nunavut separates the huge ISPs from web-based companies and consumer groups. Google goes further; not only should Bell stop picking and choosing which lawful apps to throttle, but the company needs to start upgrading its infrastructure in a serious way. Throttling merely “encourages carriers to build their business model around managing scarcity, rather than developing more abundant capacity.
Google slams Bell Canada for throttling Internet Canada.com TORONTO – Internet heavyweight Google Inc. has waded into a fight with Bell Canada, saying the telecommunications company should be “prohibited” from the practice of curtailing of peer-to-peer Internet use to manage limited capacity on its network.
Google joins in Bell Canada traffic throttling war p2pnet.net
CBC.ca – ITBusiness.ca – FierceTelecom – mediacaster
all 16 news articles »

Cellphone users to be charged for incoming text messages
CBC.ca –  Cellphone users with Bell and Telus are going to have to fork over a little more to receive incoming text messages, under new pricing plans slated to roll out in August.
Get ready to pay for incoming text messages Canada.com
Uproar over new Canadian texting fees United Press International
Mobile Magazine – Soonews.ca – QuicklyBored – The Province
all 40 news articles »  En Français »

There is a  public outrage on the part of Canadian consumers following the release of the local pricing plans. Apple the iPhone maker has watched nearly 50,000 of its loyal customers sign an anti-Rogers petition at ruinediphone.com, which has in turn sparked hundreds of potentially damaging reports on the matter by bloggers and members of the mainstream media.

Canada’s cellphone market is currently dominated by three key players – Bell (TSX:BCE), Telus and Rogers Communications Inc.(TSX:RCI.B).

The petition has attracted attention in Canada and abroad, but it won’t have any effect on Rogers unless consumers follow through with the old-fashioned but simple and reliable strategy for pulling down prices.

If you don’t like the price of an iPhone, don’t buy it. If Rogers finds it has priced itself out of the market, it won’t take a petition to ring in lower prices.

All that is just the beginning of the Customer reactions, war I had written about months ago too.

Prentice calls Bell, Telus to task for decision to charge clients without bundle The Canadian Press – Wed Jul 9, 4:05 PM

OTTAWA – Industry Minister Jim Prentice is taking Bell Mobility and Telus Mobility to task for their plans to charge some of their customers for each incoming text message and called both company CEOs to Ottawa to explain their “ill-thought out” decision.

and what about big bad Bell sympatico

  http://thenonconformer.wordpress.com/2008/07/06/bell-bce-sympatico-iphone/

Internet oversight
Globe and Mail – 3 hours ago
Toronto — Re Google Raises Fuss Over Bell’s Speed Bumps (Report on Business, July 9): Bell Canada and other telecommunications companies have been slowing, shaping and restricting Internet traffic for some time.
Google slams “throttling” of internet traffic in Canada Digital Home
Google condemns Bell’s ‘throttling’ practice Toronto Star
Canada.com – Ars Technica – CBC.ca – BetaNews
all 51 news articles »

 

Canada’s phone companies and the federal government itself  have still even failed to understand how the consumers, markets are changing.. so both Bell and Telus get hit by a backlash over new texting prices.  It is not just  about price, it was about the restriction and limitation of the user experiences too. Canadian telecom giants are feeling the heat like never before by  an increasingly savvy and demanding customer against finely tuned telecom incumbents . There is   irony to the fact that as the phone companies roll out new services that allow people to communicate instantly in new ways, their customers are using the technology to express their criticism of how those services are offered and priced.  the government’s plan to keep the wireless industry also unregulated is real crap.  Neither of these rather mostly abusive parties  are about to listen to the Canadian Customers still, it will take more drastic responses..
 

Justifiable Uproar

I have sent many letters to the useless Minister of Industry, Consumer affairs,  Jim Prentice MP   CorrespondenceMinister@ic.gc.ca ; and when I next phoned them in Ottawa and I HAD RECENTLY asked about a decent reply to my many letters, they said they do not know where they are,  and for me to mail them again TO THEM.. RATHER ask them to read them on the net too then for they are there as well!! Let them RE read this too..

 
Stephen Harper is a hit when viewed from afar Calgary Herald,  Canada –  From a close-up perspective, the Conservative government has put in a fairly credible, largely scandal-free performance since the election in 2006 ????????????????????? Not true!
The MP Stephen Harper, he is nice from far but far from nice, as we all know also that he lies, lied, had broken most of his re-election promises, which the Conservative Ostriches in Alberta would now have us falsely try to deny, and even have us wrongfully  to become liars like them now too…  even denying Harper’s and the Conservative promises of full openness, transparency ,  accountability and not to hire any conservative friends, etc,… to be different than the other parties now too.. not be merely another  bullies, bashers, liars, slanderers, living high on the hog, alcoholics, etc,..
the typical bad lawyer, Minister of industry, consumer affairs, Jim Prentice MP, also hires his Conservative friend, shame on you.. Tories appoint Reform founder Manning to science advisory panel  AND as for Preston Manning ALL HE SEEMS TO LOVE TO TALK ABOUT MONEY THE ROOT OF ALL EVIL.. NOW HE MANNING WILL GET MORE MONEY TO DO THAT TOO. ABSURD! If he is now a real Christian then I am a monkey’s uncle too. HOW IS THAT FOR A SCIENTIFIC INPUT?
 
So the Industry minister even calls on Bell, Telus to explain new text charges- 

 

This is not even a new issue but an old one. I firstly could not help but notice that a very significant AMOUNT OF YOUNG PEOPLE USE THE iPHONES AND COMPUTERS STILL, and that as a direct result we now have whole generation of users who clearly do strongly hate the federal government as well as the big corporations for allowing them to be abused again and again. A really Smart move??  for the Conservatives and big Corporations   getting young customers too mad at them now even for life. Certainly not a good, or a great marketing practice for  the Conservatives, the Corporations, even for Industry Minister Jim Prentice MP. The whole fiasco, poor past responses, inactions   now still being poorly thought out ironically  applies now even to to the Conservatives and the Industry Minister himself  now as well.. It all clearly falls in the same category as the Conservative Stockwell Day MP  and his past skidoo antics.

“Finally Industry Minister Jim Prentice is calling on the chief executive officers of Bell and Telus to meet with him and explain their decision to charge consumers for incoming text messages. Jim Prentice has sent letters to the heads of the two companies, has said the decision to charge consumers without text bundling packages will hurt consumers. The companies must meet with him before Aug. 8. “While I have no desire to interfere with the day-to-day business decisions of two private companies, I do have a duty as minister of industry to protect the interests of the consuming public when necessary,” Prentice said in a statement. “I believe this was a poorly thought out decision.” Under the Corporations  new plans, customers will be charged 15 cents for each incoming text message, including uninvited spam messages. Previously, customers without text plans were only charged for outgoing messages. Customers with a text messaging rate plan or bundle will not be affected by the new charges.”

Hey  let me shout it all to you again and again, as a taxpayer I too always do openly rightfully expect always a  good government, and I rightfully expect the government to do it’s job, including all of it’s ministers, and I rightfully also expect them always to fully to protect the citizens from the Corporations false misleading advertising, price gouging, price fixing, price collusions, bait and switch approach sales marketing approach, and a lot more. The problem also with the industry minister acting now on the iphone text issue while better late than never, is that the same major ISPs have used the same immoral approach on their Internet services as well and to date nothing was , is being done still about that  wrongfully. and this is also still unacceptable.
It is also still  interesting how much of the negative complaints rightfully are even coming from Alberta even from the Industries Minister’s own riding, Province too, right from the heart of Conservative supporter country.
Here again is how many Canadian consumers, citizens do see it as far as the iphones mainly. “Only the person who sends the message should be charged plain and simple. Why should I pay because some spammer sent me a text message that I did not want to receive. If I don’t want to answer my phone, I can simply ignore a call, but a text message from a number I don’t recognize is delivered to my phone whether I want it to be or not.”
“Don’t think for one minute that hasn’t been their plan all along – announce it at a high rate, with the intent of “backing off” to a lower rate…and then slowly increase that rate over the next few years once there’s a general acceptance of the practice “
“I am loathe to trust a company that changes the terms of my agreement mid-contract. I would like to learn how it is that they are allowed to do this, but if I would like to change the particulars of my contract mid agreement, it is not allowed.  I would like to think that if the terms are changed, shouldn’t the principal agreement holder be notified of the changes, otherwise it be nullified?”
“Pay twice for one service…..  I’ll charge a fee to them for writing a cheque to pay my bill”
“Clearly it is in the best interest of consumers for their elected representatives to voice their concerns on top of those of the consumers when Canadians are being gouged at almost every turn. Bell and Telus clearly to not have the best interests of their customers in mind, rather as always, they are motivated by greed and profit. “
“Kudo’s to the NDP on this one!!”
This is so typical Bell, Bait and Switch,  first bait the customers and nail the customers on the  extras next too.
Google slams Bell Canada: open Internet is “extraordinary”
Ars Technica – By Nate Anderson | Published: July 08, 2008 – 12:30PM CT The public comments on Bell Canada’s P2P throttling practices are in, and one thing is clear: a gulf the size of Nunavut separates the huge ISPs from web-based companies and consumer groups. Google goes further; not only should Bell stop picking and choosing which lawful apps to throttle, but the company needs to start upgrading its infrastructure in a serious way. Throttling merely “encourages carriers to build their business model around managing scarcity, rather than developing more abundant capacity.
Google slams Bell Canada for throttling Internet Canada.com TORONTO – Internet heavyweight Google Inc. has waded into a fight with Bell Canada, saying the telecommunications company should be “prohibited” from the practice of curtailing of peer-to-peer Internet use to manage limited capacity on its network.
Google joins in Bell Canada traffic throttling war p2pnet.net
CBC.ca – ITBusiness.ca – FierceTelecom – mediacaster
all 16 news articles »

Cellphone users to be charged for incoming text messages
CBC.ca –  Cellphone users with Bell and Telus are going to have to fork over a little more to receive incoming text messages, under new pricing plans slated to roll out in August.
Get ready to pay for incoming text messages Canada.com
Uproar over new Canadian texting fees United Press International
Mobile Magazine – Soonews.ca – QuicklyBored – The Province
all 40 news articles »  En Français »

There is a  public outrage on the part of Canadian consumers following the release of the local pricing plans. Apple the iPhone maker has watched nearly 50,000 of its loyal customers sign an anti-Rogers petition at ruinediphone.com, which has in turn sparked hundreds of potentially damaging reports on the matter by bloggers and members of the mainstream media.

Canada’s cellphone market is currently dominated by three key players – Bell (TSX:BCE), Telus and Rogers Communications Inc.(TSX:RCI.B).

The petition has attracted attention in Canada and abroad, but it won’t have any effect on Rogers unless consumers follow through with the old-fashioned but simple and reliable strategy for pulling down prices.

If you don’t like the price of an iPhone, don’t buy it. If Rogers finds it has priced itself out of the market, it won’t take a petition to ring in lower prices.

All that is just the beginning of the Customer reactions, war I had written about months ago too.

Prentice calls Bell, Telus to task for decision to charge clients without bundle The Canadian Press – Wed Jul 9, 4:05 PM

OTTAWA – Industry Minister Jim Prentice is taking Bell Mobility and Telus Mobility to task for their plans to charge some of their customers for each incoming text message and called both company CEOs to Ottawa to explain their “ill-thought out” decision.

and what about big bad Bell sympatico

  http://thenonconformer.wordpress.com/2008/07/06/bell-bce-sympatico-iphone/

Internet oversight
Globe and Mail – 3 hours ago
Toronto — Re Google Raises Fuss Over Bell’s Speed Bumps (Report on Business, July 9): Bell Canada and other telecommunications companies have been slowing, shaping and restricting Internet traffic for some time.
Google slams “throttling” of internet traffic in Canada Digital Home
Google condemns Bell’s ‘throttling’ practice Toronto Star
Canada.com – Ars Technica – CBC.ca – BetaNews
all 51 news articles »

 

Canada’s phone companies and the federal government itself  have still even failed to understand how the consumers, markets are changing.. so both Bell and Telus get hit by a backlash over new texting prices.  It is not just  about price, it was about the restriction and limitation of the user experiences too. Canadian telecom giants are feeling the heat like never before by  an increasingly savvy and demanding customer against finely tuned telecom incumbents . There is   irony to the fact that as the phone companies roll out new services that allow people to communicate instantly in new ways, their customers are using the technology to express their criticism of how those services are offered and priced.  the government’s plan to keep the wireless industry also unregulated is real crap.  Neither of these rather mostly abusive parties  are about to listen to the Canadian Customers still, it will take more drastic responses..
 

Bell, BCE, Sympatico, iPhone

Bell bites back with poor-man’s iPhone
Globe and Mail – 3 Jul 2008
BCE Inc.’s lengthy struggle to privatize may have left management distracted and Bell Canada’s brand reliant on a couple of aging beavers, but the phone company is still managing to strike back at its more nimble rivals.
Bell to offer smartphone with unlimited data plan CBC.ca
Can You Avoid The iPhone Data Plans From Rogers? Yes, But It Will CTV.ca
E Canada Now – Marketnews.ca – The Gate – Canada NewsWire (press release)
all 16 news articles »

The stastics on my own sites do show that MY MANY POSTS ABOUT MY UNDENIABLE EXPERIENCE WITH BAD BELL SYMPATICO ARE STILL ON THE TOP 3 MOST POPULAR READINGS OF ALL OF MY VARIOUS TOPICS THAT I HAVE POSTED ON MANY SITES OF MINE.

I had already written months ago  even here that Bell was capping the Sympatico downloads EVEN cause it was making way for their iphone business and Bell will definitely abuse it’s phone customers the next same way it has undeniably now too  abused many of it’s ISP customers. Sad and unaccepatable.
 
 
    
Message from youth: Don’t charge us for incoming texts
Canoe.ca –  SUN MEDIA A decision by telecom giants Bell and Telus to charge customers for receiving text messages as well as sending them isn’t sitting well with youth who use the service more than any other group.
Bell/Telus Text Messaging Cash Grab Makes No Economic Sense Teleclick.ca
Text-fee plan flayed Winnipeg Sun
Prepaid Reviews – Canada.com – CBC.ca – Canoe.ca
all 109 news articles »
 

consumer groups and opposition politicians are alarmed, since cellphone users have no control over who messages them. The groups see the new charges as a cash-grab, and want the federal government to regulate how telecommunications firms set fees.

  
 see also

 http://mywebpage.netscape.com/CtznK287/bell.htm

  http://thenonconformer.wordpress.com/2009/08/07/bell-bce-own-profitability/

Too Many major ISP suppliers are unacceptably guilty of

Too Many major ISP suppliers are unacceptably guilty of initial and subsequent false misleading advertising practices, and an immoral  “Bait and switch” business   practice as well.
 
Here is the undeniable reality.. Many bad ISP corporations beforehand do not disclose the amount of capping that they do to their customers., or after wards, or lie as to much they supposedly cap. For example I have a Bell Sympatico connection or I can use a second party proxy connection, and next I get twice the download speeds with the proxy over the Bell’s capped services even  during the non peak hours as well, such as all day Saturday.. not just  evenings  4.0 pm to 2. am when Bell admits it caps their lines. Now that is a fact any potential bell customer should know now too.
 
“AP  Sun Jun 15, 9:45 AM ET  At one time, the word “unlimited” meant unlimited.
 
Sprint’s mobile broadband service is the latest to abandon the term and the principle in favor of a monthly cap designed to keep their heaviest users from overwhelming their network.
 
But Sprint isn’t alone: its two 3G competitors also cap usage, and two wireline broadband operators are testing explicit caps as well. In the earliest days of broadband, service was either heavily capped, with ridiculously low limits–I recall DSL plans that had 1 GB monthly downstream limits for business-grade offerings–or totally uncapped. 
 
 Now, the idea of capped service with metered rates, stern warnings, or cancellations above a monthly limit are fully in fashion. For the last few years, companies like Comcast and Verizon’s wired broadband division have warned users about excessive downloads, degraded their service, or canceled their accounts, often with little recourse, and sometimes denying it all the while. Enough states’ attorneys general and FCC staff and commissioners have been involved that what was implicit has become explicit, but with the related effect that caps have become much lower than what they were in the ad hoc days before these changes. Driving all this is not scarcity, because there’s plenty of headroom out there on the Internet, but two interrelated issues: service providers always dramatically oversell their service, and some users are actually abusers. ( But really how can one be an absuer when he pays for and uses what was advertised now?
 
 On the first issue, if an ISP has 500 people connected to a central office DSLAM (a DSL aggregator) with a total downstream bandwidth of 2 Gbps, there’s no universe in which a phone company makes available 2 Gbps to that location. Rather, they allot a fraction of that, which works when traffic is bursty, not continuous. Many people downloading or streaming a lot impact everyone in the same grouping. (I’ve seen this at home when I complained about my 3 Mbps DSL dropping to 500 Kbps at night. A Qwest technician explained I was lumped with heavy users, and with about 20 minutes of waiting on the phone, regrouped my line to another, less used pod of users, and my service has been fine since. The nice part is that was a logical change; no one had to walk over to a cage and move my wires around.)
 
The second issue has provoked a lot of debate. But without explicitly labeling the limits on a service, a subscriber can’t technically abuse it. If you know when you sign up for Comcast that they limit your use to 10 GB and provide tools to monitor as well as an understanding of what that bandwidth would allow you to “consume” each month, it’s a very different matter than “all you can eat. “
 
Verizon had long promised unlimited Broadband Access for their 3G EVDO mobile broadband service. But it was well documented that unlimited had fairly strict limits. After an investigation by the New York attorney general’s office, Verizon agreed to change its disclosures, pay some costs to the state, and refund money to some subscribers. The company now fully discloses its 5 GB per month limit for combined upstream and downstream data. Verizon charges you 49 cents per MB ($490 per GB) when you cross that limit, and the company says that they use email, SMS, and a live data usage display in their connection manager to keep you apprised. Note that a single high-definition movie download might consume nearly 5 GB.AT&T, likewise, has a 5 GB cap each month on LaptopConnect, its 3G cell data offering, with unspecified behavior when you top that amount–additional charges may apply, but clarity would be helpful. They note in their PDF-only terms and conditions: “The parties agree that AT&T has the right to impose additional charges if you use more than 5 B in a month. Prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your service.”Sprint has joined this club with first the leaked news and then official confirmation that starting July 13, 2008, its 3G service would also have a 5 GB cap. A spokesperson told me that off-network roaming–ostensibly with Verizon or Alltel, the only other major providers of 3G in the US using the EVDO flavor–is capped at 300 MB per month. Now these are all 3G providers, who have limited spectrum over which they have to make sure all contending users in each cell get approximately the same kind of experience. They can’t afford one user sucking down all bandwidth. However, we’re seeing the same kinds of limits start to be tested for cable-based broadband.

Comcast is testing delaying traffic–slowing down packet transmission to throttle the bandwidth rate–in two Eastern cities they cover for the heaviest users of their service. This is an effective cap, rather than a cutoff. (Comcast has been delaying BitTorrent P2P traffic for all its users prior to this; this change affects all traffic, not just BitTorrent, and is being announced, instead of sub rosa.) In a town in Texas, Time Warner Cable is experimenting with offering different speed packages each of which is coupled with a monthly limit on usage. The lowest-priced package offers a ridiculous 768 Kbps downstream and 1 GB per month for $30 per month; the highest-priced is 15 Mbps downstream with a more reasonable 40 GB per month limit. Charges are $1 per GB above that. With cable companies traditionally and telephone companies newly offering television programming, premium channels, and on-demand video, the caps are another tool to prevent competition from over-the-Internet sources of things to watch. In a situation in which a few carriers control all the pieces, it’s unclear whether rate caps can stick. If both telcos and cable companies decide to impose such limits and restructure their networks, who do you turn to? People with broadband are unlikely to cancel it. In a monopoly or duopoly market, you can’t switch brands. There has to be a happy middle–a role that the FCC may help to negotiate. A 40 GB cap switched to 400 GB might serve precisely the right purpose without penalizing average users who have no other market choice. With Time Warner Cable charging a buck a gigabyte above their monthly limits in their test market, but with Amazon’s S3 service delivering it retail for as little as a tenth that, it’s not hard to see that carriers are looking to caps to solve network problems and make a little scratch on the side.”  http://news.yahoo.com/s/pcworld/20080615/tc_pcworld/146752

 
Beware always of men and women, bullies, tormentors, control freaks,  persons, civil and public servants,  politicians, pastors, leaders, elders, Corporations, governments who falsely do, will try to enslave you, oppress you, exploit you even while they claim they are proclaiming the truth, democracy, trying to help you, etc.,
 
Is 51:23 ..your tormentors {and} oppressors, those who said to you, Bow down, that we may ride {or} tread over you; and you have made your back like the ground and like the street for them to pass over.

News Editors Canada, Bell sympatico

Because even many managers in Canada, the government too  are not honest, do not tell the truth, they often also do lie as to the actual reasons their product prices are going up, and/or the quality of their services are going down, thus they are still helping to put themselves out of work, out of business eventually and to be rightfully dismissed too.

 

Bell Sympatico had  falsely suspended my Internet contract recently to likely avoid a lawful  lawsuit from me. Instead now I find it ironic that Bell is being sued, Bell is facing a class action suit,  about the same time they Bell had falsely cut of my internet services,  with a Bell false excuse as well, Bell is being sued  by the others and they are asking for the same amount of money, damages that I  am personally asking them rightfully for too, about 2500 dollars specifically for Bell Sympatico’s  unacceptable breaches of my ISP contract obligations the last many years.. See my post, notes on Contract law.
   

 “If you were half as good at running a company as you were at lobbying, maybe you’d have a better network,”  Quebecor executive vice-president Luc Lavoie who took a shot at the quality of Bell Canada’s cellphone service: . http://news.aol.ca/article/telecom-summit/258999/
   
 The future is wireless, some would say  and the  past way they have mismanaged their past land line, ISP services too,  clearly indicates they will do it also next with the wireless services too at the users, customers expenses…
  
Recent discussions by both Bell and Rogers on their Corporate need  to get more and more money, with even any excuse, still out of consumers, and to throttle the downloads,  only all clearly confirms the reality as to how poorly managed these same companies in reality are still.. They too now have been wrongfully over subsidized by the CRTC, the Canadian  federal governments now too… now it is rather time the citizens got the break, protection.
   
Reality- Dirty Dirty Bell Sympatico …the most abusive Corporation, firm I have dealt in Canada in my lifetime. Paul Kambulow
 

 Not acceptable, and Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..

 

 

 

 Me I am still always rightfully actively resistant  to all of the  abusers, bullies, liars, even to the Church, GOVERNMENTAL, CORPORATE, POLICE  oppressions. etc., still too. I clearly do believe in the right of everyone to speak, to speak out as well,  and to be equally heard by all, so we can all judge what has been said if it is appropriate and we can next corresponding act upon it, even in the church, in the government, on the internet now too. Exemplary Public exposure and prosecution of these real bad guys serves as a best deterrent to all too. Free speech and whistle blowers help to make this happen too and bad guys wrongfully do not like this.. to bad for the bad guys.. and doing nothing about bad guys helps to makes it all worse.. so do something, write to the news editors, elected officials now too even if the bad guys do not like this.. Do it as well…      
  

When I go public I often get threats of a lawsuit, not just the politicians sending the police to my door, but I do not back off, and I always seem to tell them to go ahead.. the lawsuit will give the matter more publicity too.. and they back off.
   

Can anyone sue for defamation of character/libel/slander for PERSONAL statements made even on the Internet? But if it’s true there is no CASE for defamation or slander. And if it is NOT true they still will have to show specific, related proof of actual damages, not just some supposed potential damages. Furthermore the law still requires that they do reply to all allegations in the manner they had firstly have received them immediately too, within a reasonable period of time, and if they have not bothered to deny, reply to, to object any of the charges of wrong doings, allegations initially, after a reasonable period of time, a maximum of 6 months they not longer can do so, for now it is accepted they are true.

 

Do ALL stop being sue crazy or nicky picky too.

 

 

 

 

Do even write about bad cops, bad pastors, the usless CRTC, Jim Prentice MP, Minister of Indistries, Consumer Affairs.           

 
News Editors Canada

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Complain  for a start to CRTC »www.crtc.gc.ca/eng/welcome.htm ,
Competition Bureau »www.competitionbureau.gc.ca/epic···/en/Home ,   
 

 

Complaint to the Local MP’s,
 
Premiers  of all the provinces too
 
mpremier@gov.ab.ca
premier@gov.bc.ca
premier@leg.gov.mb.ca
Premier@gnb.ca
premier@gov.nl.ca
floyd_roland@gov.nt.ca
premier@gov.ns.ca
rwjghiz@gov.pe.ca
premier@gov.sk.ca
dennis.fentie@gov.yk.ca
compbureau@cb-bc.gc.ca
info@ccts-cprst.ca
infomgs@mgs.gov.on.ca
ccbbb@canadiancouncilbbb.ca
»https://www.premier.gov.on.ca/feedback/feedback.asp
»www.premier.gouv.qc.ca/premier-m···en.shtml
Honourable Jim Prentice CorrespondenceMinister@ic.gc.ca

Courts Turn Against Abusive Contracts

I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..

 

In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note. 

    “In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.” http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801

We all seem to know the used car salesman joke, right? “You can tell he’s lying: his lips are moving.” Those of us who have experienced  real life, especaily in a courtroom or at a deposition, divorce proceedings,  also do know that the same joke can, far too often, be attached to politicians,  lawyers, cops, accountants, many Business persons, corporations, real estate firms and the  ISP providers too.

The Consumerist had not one, but two articles about Verizon today. The best one contained an embedded video, in which a guy phoned up Verizon Wireless fifty-six times to ask two basic questions about their rates. Take a guess as to what percentage of the time he received the correct answer, then see how close you came to guessing right.  ”

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  ” http://michigantelephone.wordpress.com/2008/03/19/verizon-not-upfront-on-contract-terms-los-angeles-times/#comment-417

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

Bell had mislead me and many customers when they had offered their high speed unlimited download interent because their existing equipment, lines did not have the capability to do so too often firstly.
  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money.. Bell  can’t have it both ways
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 
I also do think it’s reprehensible that Bell, etc., had now advertised unlimited download service and then next complain when you actually take them up on their offer. If a user wants to take full advantage of the service they pay for, they should be entitled to it by law now too.  Still  if they’re unwilling to provide the bandwidth I pay for, during the full duration that I pay for it, then they shouldn’t have been be telling me they can. This is why cable tv & broadband need to be regulated  like  electricity and phone.
 
First of all… it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it   such is a serious breach of freedom of speech, invasion of one’s personal privacy still too,  they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully  has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
 
Practically all ISPs and there employees do read your e-mails and look at the sites you visit, without a wiretap order.
 
“The network is asserting almost complete control of the users’ ability to use their network as a gateway to the Internet,” said Marvin Ammori, general counsel of Free Press, a Washington-based consumer advocacy group. “They become gatekeepers rather than gateways.”
 
The ISP wrongfully sees itself as the sole judge of disputes in their contract obligations too.
  
This sort of contract, where the subscriber is considered to agree by signing up for service rather than by active negotiation, is given extra scrutiny by the courts. Any wiggle room or ambiguity is usually resolved in favor of the consumer rather than the company.
 
ISPs CAN BLOCK YOU FROM VISITING ANY WEB SITES
 
ISPs CAN WRONGFULLY HAMPER YOU FOR USING YOUR PAID FOR UNLIMITED CONNECTION TOO MUCH TOO LIKE BELL SYMPATICO FINALLY ADMITS IT HAS BEEN SECRETLY DOING BEFORE TOO.
 
The falsehood, misdirection that the Bells AT&T , Verizon, Sympatico aren’t as concerned about bandwidth hogs, because phone lines aren’t shared among households… is not true as well
 
 
So what is the government doing about protecting our privacy and stopping the invasion of our personal privacy in reality? Nothing again?
 
I too would rightfully like to see the provisions that made DPI (deep packet inspection) by ISPs to be made illegal not just by the CRTC but also by the federal government now too, including by Bell , the Big Brother’s false invasion of our home, personal privacy. Since we can readily know that the reasons given for the internet downloading inspections, capping are unjustifiable, what are the actual reasons now for these online now inspections too?
 

 

And

Why does Bell lie about what it does, wants to do still?  
 
 Me I have the decency to first complain to BellSympatico , to tell them honestly, openly what I am going to post on my site next about them too, at least they were pre-warned by me.
  
Firstly I merely have substantiated here how many others now do also like me feel about Sympatico Bell’s secrecy, under handiness, definite internet contract violations, lies… I support in detail  my side of the truth, story too.  I am not alone who complains to Bell often and loudly  and still what surprises me is that Bell wrongfully thought it could get away with al of their bad acts to me and others in the first place..Do notice that no one from Bell has send me a copy of my last six months billing or proof I had requested any contract changes, new equipment as well, and no one had phoned me back this week from Bell again now too.. now why was that? They had lied and had promised they would.  So it is no wonder so many people today are really rightfully upset at Bell, not just me.Bell getting me more upset is the wrong thing for Bell to try to do, I just get louder, do write thousands more letters to news editors, electric officials still too..  They Bell should by now know I too can escalate the matters and not back down.. Bell still does needs to adequately deal wiht me, reply to me before it gets worse for them and they lose thousands more customers..

I paid Bell for unlisted, unlimited download and they did not supply it to me, Bell did not even have the honestly to originally tell the truth to all and to beforehand say that they were capping it now as well.. Bell they done it first in secret, and were thus wrongfully violating my personal privacy in the process too.   Talking about Bell’s balance reply Bell they have only one reply basically and It is take it or leave it.. I have another.. I rightfully object!   but me I also do fight back in writing and let the whole world know how the snakes in the dark operate in the darkness, and the darkness hates the light to be revealed upon it still too. Bell loses many many customers now too as a result of these exposures of how Bell operates.

 

 

Even my neighbors when they read the newspaper can see the positive influence that I have had on the elected officials, news media in regard to Bell’s undeniable bad services, bad acts and my neighbours they all agree with me on this too… I am doing a good thing exposing Bell.  Bell should not fight with someone retired like me, for I have plenty of free time , and a desire to pursue it with everyone even more next too, and it will be costly for Bell too.  I told them beforehand in writing the war with Bell will escalate NEXT TOO and it did, it has, they have a lot more to lose than I have in all of this too…  I do really look like a good guy in many people’s eyes standing up against the Bell bullies and liars.

Beyond the shadow of the doubt the articles posted here next by me showed that Bell ‘s Internet  capping reasons were false, unsubstantiated, and so I still rightfully object to Bell capping my net to all too.

 Why does Bell lie about what it does, wants to do still?   

  2 days respond time from Bell? is a joke.. I have waited weeks just to try to get an official copy of my Bell Sympatico billings this year..

Ironically the real basic Hog is greedy Bell firstly too who is trying to make loads more money from it’s internet services by playing dirty and changing the contract rules without my approval

Bell has mislead us all as to why Bell has been Throttling the internet.
” 20% of traffic comes from P2P applications
During peak-load times, 70% of subscribers use http.
Only 20% are using P2P
Http still makes up most of the total traffic, of which 45% is traditional web content including text and images.
Streaming video and audio content from services such as YouTube account for nearly 50% of the http traffic.
AStreaming content such as TV shows and YouTube is on the rise.
This clearly shows the “bandwidth hogs” are, in fact, ordinary, average http users during peak time, and NOT Bell’s fictitious 5% of “heavy” P2P users” who suck up around 50% of the total available bandwidth.
Bell also tries to say only 5% of surfers use P2P or even know what P2P is.
These data do not support the claims made by Bell, which admits its data were collected in April over a year ago —- and in another country.
So in effect, what Bell has done is to pick a protocol and application they decided were expendable, with no supporting current evidence or data on their network, also unilaterally deciding for their wholesale customers (who are also their competition) what applications they’ll block.
This should be a warning for everyone to wake up to the fact Bell is throttling anything and everything it pleases, and since streaming video (YouTube and TV shows) is high on the list, this will surely be next on their list of items to be throttled.
Since it’s now obvious that, contrary to Bell’s claims, P2P isn’t the real target (since its not really that heavy on the network during peak time), what’s the real reason for the company to install and apply technology able to open and inspect packets? (And, by the way, it can also retain logs.)
Is it to delay upgrades?
Is it to peak into people’s private packets?
Is it to gather data on users and the users of the competition?
Is it because P2P is now mainstream (20% of the users, not 5% as proclaimed by Bell) and growing by 100% yearly?
Is it a way for Bell to lower their peak-time bandwidth costs and at the same time prevent its own users from jumping ship to the competition?
But hey! Don’t take my word for it; take Arbor Networks, the maker of the throttling machines Bell could be using!
Meanwhile, check out CAIP’s second submission to the CRTC.

References:
http://gigaom.com/2008/04/22/shocking-new-facts-about-p2p-and-broadband-usage/
http://communities.canada.com/montrealgazette/blogs/tech/archive/2008/04/23/vide&#8221;
http://www.p2pnet.net/story/15738#comment-433287 
 
In secret, and unofficially “Bell commenced the throttling of competitor traffic at precisely the same time that it decided to eliminate the last vestiges of its retail unlimited Internet usage plans. And that was obvious to me and I had told everyone that too.. that Bell has not been open and transparent in how they have abused their customers. Unacceptable

“Bell’s own customers, Canadian Net users and smaller ISPs have become allies in a bid to force telco giant Bell Canada to stop using P2P file sharers as an excuse to shackle bandwidth. Called traffic shaping or throttling, the corporate ‘management’ action not only severely restricts services users have paid for, it also impacts net neutrality and prevents online freedom of speech, say critics. Leading the attack against the practice has been CAIP (Canadian Association of Internet Providers) representing more than 50 independent internet service providers who, not at all incidentally, are also Bell clients. One of them, TekSavvy, based in Ontario, has organised a rally on Parliament Hill in Ottawa to force politicians to pay attention to customer needs. The date set for the rally is May 15 “This will be for net neutrality, which will bring the Bell topic in, but will have a much larger goal,” company CEO Rocky Gaudrault “Net neutrality hits a public nerve. But it’s not really a stand-alone. There are many overlapping issues here. I’ve mentioned privacy, choice and ISP transparency, but there are many other aspects.” In the view of CAIP, Bell has failed to establish a rational connection between its throttling practices to any legitimate or pressing objective of any kind and the corresponding effect of these practices on competitors and their end-user customers has been at once targeted and overly broad. By Bell’s own admission: Bell is deliberately reducing the speed and throughput of a local access service (i.e., GAS) that is used by interconnected competitors to provide a wide variety of retail telecommunications services to their end-user customers, including remote LAN access services, voice over Internet Protocol (“VoIP”) services, virtual private network (“VPN”) services, streaming audio and video services, data exchange services, and high speed Internet access services. Bell has engaged in these throttling practices without providing a shred of evidence that its network is congested or that its GAS customers are the specific cause of any alleged network congestion. Bell commenced these throttling practices without providing competitors with any notice of its intention to throttle or “shape” their traffic and without providing competitors with any opportunity to test the impact of Bell’s traffic shaping technology on the services that competitors deliver to their end-user customers.

Bell’s campaign of throttling competitors traffic was initiated at precisely the same time that it decided to stop offering an unlimited usage plan to its retail Internet customers – a decision, which Bell knew might cause its retail customers to migrate to the unlimited usage plans of competitors.

There is also uncontradicted evidence, as particularized at paragraph 56 herein, that strongly suggests that the reasons behind Bell’s decision to throttle its competitors’ GAS traffic have little to do with Bell’s unsubstantiated claims of “network congestion” and more to do with a desire to lessen competition in retail telecommunications markets. There are far too many “coincidences” between the timing of the initiation of Bell’s throttling practices and the timing of a number of other events in order to conclude otherwise.”

“Failure to Provide Notice of Network Changes CAIP notes that Bell has chosen not to directly address in its Answer its failure to “notify” its competitors of its intention to implement network modifications that could affect the operation of other carriers’ networks. Bell. It has made changes to its network without notification. No information was provided to its wholesale customers as to exactly what changes Bell has made. CAIP’s members have been subjected to unexpected network disruptions, their network users were affected without notice, and Bell failed to provide them with the opportunity to examine the proposed change, conduct joint testing and take action as required before the change came into effect.16
In addition, the reality of Bell’s “willingness to work” is far less encouraging. Since March 14, 2008, the only notice that Bell appears to have issued to its wholesale customers in relation to its throttling measures is a two-page document entitled “DSL Traffic Management – Frequently Asked Questions (FAQ)”. By way of response, CAIP can advise that this “FAQ” document was not received by all of its members who subscribe to Bell’s GAS. Moreover, the document was sent out more than one month after Bell commenced the throttling of its competitors’ traffic which is hardly responsive given Bell’s duties to provide advance notice of network changes to its competitors. Perhaps more troubling, however, is the fact that Bell’s FAQ document is almost entirely bereft of any technical details regarding its traffic shaping equipment and network protocols. Moreover, when asked to provide this type of information, Bell has been extremely evasive and short on technical details. This is not acceptable state of affairs.

Bell’s Actions Constitute an Undue and Unreasonable Preference Granted to Itself and a Disadvantage Applied to Competitors In addition, Bell suggests that the following alleged facts somehow minimise the illegality or deleterious effect of its traffic-shaping measures: throttling is “applied only during peak usage periods” and “only applied to P2P file sharing applications”;

“it has not been presented with any evidence that its Internet traffic management solution is having any impact on VPN or VoIP traffic.22

New media content available on the Internet is often delivered using P2P protocol. So regardless of whether it is streaming content or not, it is clear that new media undertakings are seriously affected by Bell’s decision to target all content delivered using P2P protocols.

Bell commenced the throttling of competitor traffic at precisely the same time that it decided to eliminate the last vestiges of its retail unlimited Internet usage plans. 30 Bell’s 2007 Annual Report indicates that it knew that the discontinuance of such plans might cause its retail customers to migrate to the unlimited usage plans of its competitors.31

Bell commenced the throttling of competitor traffic at the very same time that it launched a massive mailing campaign to its home phone customers that is intended to promote its retail Internet access service, a service that is described by Bell’s billing insert as offering “super fast access speeds” of up to 16 Mbps. This mailing campaign also states that Bell’s Internet services provide a “Direct, uncongested gateway to the Internet” over a “brand new, next-generation fibre optic network”.32 Bell does not offer a 16 Mbps speed to competitors under either its GAS or HSA tariffs. The fastest speed available to competitors under these tariffs is 6 Mbps.33 .

This aspect of Bell’s wholesale throttling activities gives rise a serious issue that Bell’s actions violate the privacy of the communications of its wholesale customers as well as that of their end-user customers.

BELL’S TRAFFIC SHAPING MEASURES ARE CAUSING IRREPARABLE HARM

Bell does not deny that reduced data transfer speeds could harm its competitors.

The fact that there is no legitimate and pressing basis for Bell’s throttling actions and therefore, no overriding interest, either private or public, that favours withholding the interim relief requested by CAIP;

Even if there was any evidence of a legitimate and pressing basis for Bell’s throttling actions, their effect is at once so overbroad, discriminatorily and it outweighs any inconvenience to Bell of returning to the status quo ex ante; and

To the contrary, an overriding public interest in:

(iii)The protection of privacy;

(iv)The inviolability and neutrality of telecommunications common carriage;

(v)Maintaining respect for the enactments of Parliament;

(vi)Enforcing the Commission’s tariffs and policies, such as the Commission’s Notification of Network Changes policies strongly tilts the balance of convenience in favour of granting the interim relief sought by CAIP.

As discussed above, there is no legitimate, competitively neutral basis for the measures undertaken by Bell. Rather, at this point, the evidence points to the conclusion that the most rational explanation for the reasons that Bell undertook the throttling measures are purely commercial and relate directly to a desire to decrease competition in the downstream retail market.

The Public Interest Would be Protected by a Return to the Status Quo Ex Ante

http://www.p2pnet.net/story/15735