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Netflix Pushes FCC To Crack Down On Data Caps (dslreports.com)

Netflix hates data caps. The on-demand movies and TV shows service has asked the US Federal Communications Commission to declare that home internet data caps are unreasonable and that they limit customers' ability to watch online video. From an article on DSLReports:Netflix has long has an adversarial relationship with ISPs, and often for good reason. Usage caps on fixed-line networks are specifically designed to protect ISP TV revenues from Netflix competition, allowing an ISP to both complicate and generate additional profit off of the shift away from legacy TV. "Data caps (especially low data caps) and usage based pricing ("UBP") discourage a consumer's consumption of broadband, and may impede the ability of some households to watch Internet television in a manner and amount that they would like," said Netflix in a new filing with the FCC. "For this reason, the Commission should hold that data caps on fixed Âline networks ÂÂand low data caps on mobile networksÂÂ may unreasonably limit Internet television viewing and are inconsistent with Section 706." Netflix's filing comes as ISP's increasingly turn to broadband usage caps to take advantage of the lack of broadband competition in many markets. Fearing FCC crackdown both Comcast and AT&T raised their caps to one terabyte, though many ISPs still cap usage at much-lower allotments. High, low, or somewhere in between, Netflix highlights that there is no good reason to implement caps on well-managed fixed-line networks, despite a decade of ISPs trying to justify the price gouging.

33 of 160 comments (clear)

  1. Push netflix to have adjustable resolution/quality by Anonymous Coward · · Score: 3, Interesting

    I hate the data cap too, but I don't like the lack of control I have over stream quality - on most devices it looks like it just does some automatic detection.

    I much prefer the control in, say, YouTube where I can specify the resolution quality. I'd also like to be able to optimize the stream for audio or prefer certain programs in SD. The kids don't need to watch Pokemon in 4K!
    g=

  2. At&t doesn't even try to pretend it isnt extor by netsavior · · Score: 4, Informative

    Their official policy is that you have to pay them for TV no matter what. Either you subscribe to TV, or your internet connection is capped, and you will pay them for TV anyway in the form of overages.

    Seemed like a pretty good plan "Lets punish consumers and make them pay for our ill-conceived acquisition of Direct TV"

    Gee, I wonder why they are losing subscribers.

  3. Re:At&t doesn't even try to pretend it isnt ex by stinerman · · Score: 5, Insightful

    This will be a continuing problem so long as the people who own the infrastructure also sell services over it.

    They almost got this right with the ILEC/CLEC split with DSL. The only problem is that they let the ILEC sell services over the infrastructure they owned.

    Don't let the guys who own the wires sell any services and this problem will fix itself.

  4. Channel saturation by Anonymous Coward · · Score: 2, Insightful

    Personally, if I'm sold a 30Mbps/5Mbps cable/dsl connection, I expect to be able to saturate that channel 24/7 if I want to. ISPs should provision accordingly.

    1. Re:Channel saturation by NatasRevol · · Score: 3, Insightful

      Stop selling unlimited stuff as unlimited. The onus is ENTIRELY on the company making such claims to back them up.

      Put up or shut up.

      Or, in the immortal words of Jim Carey "HEY ASSHOLE, STOP BREAKING THE LAW!"

      --
      There are two types of people in the world: Those who crave closure
    2. Re:Channel saturation by TemporalBeing · · Score: 2

      Personally, if I'm sold a 30Mbps/5Mbps cable/dsl connection, I expect to be able to saturate that channel 24/7 if I want to. ISPs should provision accordingly.

      Yes, the data cap equation should be pretty simple:

      (# of Bits Per Second)*(#of seconds per billing period)

      Which when (# bps) is set to what the customer is purchasing should be *impossible* for the customer to exceed.
      Further, the modems should report appropriate usage for the same billing period in a way that customers can verify (e.g measuring data going to the modem using a tool like OpenWRT's bandwidth measurements).

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    3. Re:Channel saturation by TemporalBeing · · Score: 3, Insightful

      You're the sort of fat fuck who thinks an "all you cat eat" buffet means you can just stuff everything in your mouth.

      Pretty much EVERY service is priced on the basis that not everyone will use it in the most costly way.

      Just because you're incapable of understanding a complex society that's based on implicit understanding and values rather than strictly written rules, it doesn't mean most human beings can't manage fine in it.

      Don't use your disability as a reason to fuck things up for others.

      "Unlimited" should have the very simple meaning of 24/7/3600 usage of the bandwidth you are purchasing as a customer of a given ISP. It should be impossible then to hit the datacap since your modem should not be able to exceed such usage.

      "Limited" can be any fraction of that, e.g a 50 Mbps service with 600GB data cap would be "Limited" not "Unlimited" since even a 1 Mbps connection could exceed 1 TB of data per month.

      IOW, Truth In Advertising.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    4. Re:Channel saturation by Obfuscant · · Score: 3, Interesting

      Personally, if I'm sold a 30Mbps/5Mbps cable/dsl connection, I expect to be able to saturate that channel 24/7 if I want to. ISPs should provision accordingly.

      You wouldn't be able to afford it if they did. A dedicated full-time 30/5 line to the border gateway would cost more than you want to pay. A line that you share with 100 other people is much cheaper.

      The caps are not put in place by ISPs to make people pay for TV as the summary claims. (Why would an ISP that has no video services at all have caps if that were truly the reason? What is T-Mobile's TV service?) They're put in place to keep people who think they ought to have 100% fulltime use of a shared resource from keeping other users from getting what they are paying for.

    5. Re:Channel saturation by NatasRevol · · Score: 2

      They don't have to say that. 30 MBPS dedicated service at $40/mo is not realistically possible

      You're going to have to explain why. Do their costs go up if the rate goes from 15Mbps to 30Mbps? It's using the same equipment...

      --
      There are two types of people in the world: Those who crave closure
    6. Re:Channel saturation by YouGotTobeKidding · · Score: 5, Insightful

      Bullshit.
      They don't even want to OFFER it. Instead they rather play word games and sell idiots on the idea of 'unlimited'.

      Its either unlimited or its not. If its not DON'T CALL IT UNLIMITED.

      Would you let a car mfg'er claim your new car has 400horsepower when it has a fucking 30cc lawnmower engine in it? No. Because its call truth in advertising.

    7. Re:Channel saturation by psmoot · · Score: 2

      If I pay to use as much as I want, I should be able to use how much I want. If I pay for 24/7/365 unlimited service, I should be able to use the connection 24/7/365.

      As others have mentioned, AT&T, my provider, long ago stopped talking about unlimited plans. It's very clear I'm not paying for an all you can eat buffet. I'm reasonably sure your provider does the same.

      For fun, call them up. I expect they are quite willing to offer 24/7 guaranteed bandwidth and response time with 100% utilization. I'm also guessing it's at between 10 and 100 times more expensive as what you're getting now. I know it would be for me. I pay something like $50/month for 12 Mbps with some data cap I never hit. A dedicated line is something like $5,000/month, last time I looked (admittedly a long time ago).

    8. Re:Channel saturation by NatasRevol · · Score: 2

      Because any networking equipment built to handle 15 or 30 or 50 or 100Mbps wouldn't need replacing. Maybe a few upstream routers *might* need replacing to handle higher throughput. But only because of poor planning. Nothing to do with the cost of delivery.

      --
      There are two types of people in the world: Those who crave closure
    9. Re:Channel saturation by HiThereImBob · · Score: 4, Informative

      The caps are not put in place by ISPs to make people pay for TV as the summary claims. (Why would an ISP that has no video services at all have caps if that were truly the reason? What is T-Mobile's TV service?) They're put in place to keep people who think they ought to have 100% fulltime use of a shared resource from keeping other users from getting what they are paying for.

      So this is just about network management?

      Comcast VP: 300GB data cap is “business policy,” not technical necessity
      http://arstechnica.com/busines...

      Another Broadband CEO Admits: Data Caps Have Nothing To Do With Capacity
      https://consumerist.com/2016/0...

      Leaked Comcast memo reportedly admits data caps aren't about improving network performance
      http://www.theverge.com/smart-...

      Comcast Admits Broadband Usage Caps Are A Cash Grab, Not An Engineering Necessity
      https://www.techdirt.com/artic...

  5. Re:Push netflix to have adjustable resolution/qual by Tablizer · · Score: 4, Interesting

    And also the ability to delay or offload content in cache. For example, if your bandwidth is currently funky (as is typical with oligopoly ISP's), then set the play to notify you when the download is complete or the buffer reaches a certain percent complete. A fuller menu would look something like:

    Bandwidth and Delay Options:
    Quality (higher quality may slow download):
        [x] Automatic
        [_] High-Definition [rate value here]
        [_] Medium [rate value here]
        [_] Low [rate value here]
        [_] Etc.
    Delayed Playback:
        [x] Don't play until buffer has ____ seconds of video [with a default but editable number]
        [_] Don't play until entire video is cached on your computer, Auto-Play
        [_] Don't play until entire video is cached on your computer, Pop-Up-Notification
        [_] Don't play until entire video is cached on your computer, No notification (click video window to play when "Ready" indicated)

    But companies can argue these kind of options are too confusing to most consumers. Maybe a good UI designer could make them friendlier...

  6. They should give you what they sold you by XXongo · · Score: 3, Informative
    I don't object to data caps per se, but I expect the ISP to give you what they sold you. If they sold you a plan with no data cap, they should provide access with no data cap.

    Adjustable quality would be a nice user control to have, if you're paying for bandwidth, you should be able to decide how much bandwidth to use on what downloads.

    1. Re:They should give you what they sold you by jellomizer · · Score: 2

      However... If you are paying for a consumer line vs a commercial line.
      The Business line for 30mbs may cost $120.00 a month vs. the Consumer Line for 30mbs may be $80.00 per month.

      What is the difference if it is the same speed. The difference is the Business line expects 24 nearly optimal usage of the connection, while the Consumer LIne expectes 4 or 5 hours a day of streaming traffic. So because of this price difference that is why the companies feel justify to throttle your speed if you use too much. The no data cap means they are not going to nitpick you if you go over however if you go past a particular threshold they may slow you down...
      Other than the greedy business reason, if someone is using excessive bandwidth chances are more likely their system got hacked so slowing it down can help slow down its damage it could do. Yea that is rather lame excuse... However I expect users would get pissed off if the ISP just stopped their account.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:They should give you what they sold you by knightghost · · Score: 3, Interesting

      Bandwidth is following Moore's law - doubling per dollar every 2 years. Despite that, my 2 local options for internet have gone from 0 caps to 350gb to 300gb to now 250gb - while raising prices. If there was actual competition then they'd be doubling my cap for the same dollar every 2 years.

      Evil corporations.

  7. If people only knew... by Anonymous Coward · · Score: 5, Insightful

    If people only knew how little it costs per household for ISPs to provide cable TV and internet service! While no real figures are published, by some estimates it costs most ISPs less than $15.00 a month per household to provide both broadband Internet and cable TV, in some cases less than half of that figure.

    Not only should the FCC remove all data caps, prices for broadband Internet service, and cable TV should be capped at $29.95 per month each. Our taxes have paid for the infrastructure for these services, yet we are massively price gouged for these services. One reason that this price gouging goes on is that ISPs have managed to stifle any hint of competition in most locations in the U.S., even buying draconian laws against cities that wish to provide their citizens with reasonably prices broadband Internet and Cable TV services.

    I would also like to see the FCC mandate that as long as costumers are paying for their cable TV service, it should be commercial free, as we were promised at the very beginning of cable TV roll-outs!

  8. Re:Using government to advance one's business by nitehawk214 · · Score: 2

    Except that the problem of cable companies abusing their customers was caused by deregulation.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  9. Re:At&t doesn't even try to pretend it isnt ex by ninthbit · · Score: 2

    When I turned my Uverse equipment in, the guy at the UPS store and I had a good laugh about the huge surge of AT&T equipment getting turned in. I was content with my 12Mb/s internet. It wasn't the fastest, but it was fine. Now I have 50Mb/s cable with a $4/month VPN service and things have been running great for a few months now.

    Its costing me less, and I'm getting better service. I should actually be thanking AT&T for making me get off my ass and finally switch.

  10. Re:no caps on internal or CDN traffic by known_coward_69 · · Score: 2

    netflix has thousands of CDN servers around the world inside ISP's networks and at peering locations

  11. Monopolies by Anonymous Coward · · Score: 4, Insightful

    Given that Comcast enjoys government granted monopolies in its markets, it seems reasonable for the government to require them to remove data caps.

    Of course, the better approach would be to tell Comcast fine, charge whatever you like, but we're going to open all of your markets to competition.

  12. Time-of-use data caps make sense... by Ichijo · · Score: 2

    ...because people tend to max out their bandwidth all at the same time during the day, creating a headache for network data management. To encourage people to schedule their torrents to throttle back during the day, ISPs should make their data caps only apply during peak usage periods, similar to "unlimited nights and weekends" cell phone plans.

    There's a service called NightShift that helps people watch Netflix on bandwidth-constrained connections like dialup. It works by scheduling downloads to occur overnight so they're ready to watch the next day. Netflix could do something similar to bypass time-of-use data caps. "Do you wish to stream this program now or download to watch later? [Stream] [Download]" Then the ISPs might realize that the data caps don't need to apply to overnight downloads.

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  13. Re:Using government to advance one's business by Tablizer · · Score: 3, Insightful

    Oligopolies suffer from similar problems as "big gov't": not enough competition to give them incentive and to give consumers real choices. They historically almost always take advantage of insufficient competition to screw customers: Railroads, oil, cars, computers (IBM, MS), CPU's, telecoms, etc. have shown mass dickery under oligopolies or monopolies.

    If there were say 7 or more realistic ISP choices per typical customer, THEN competition could work its magic, Adam-Smith-style.

    The biggest road-block to more competition in my opinion is the "last mile problem". It's not realistic nor efficient for every competitor to run wires to every potential customer. It's the main reason Google is dropping out in many areas.

    If a gov't utility could set up "last mile" wiring, then multiple ISP's would only have to hook up to centralized routing nodes, not to each house. It's then just a switch. This could invite the competition needed to end most ISP BS such that regulators wouldn't have to get involved nearly as much.

    The right conditions have to be in place for capitalism to work right.

  14. Re:At&t doesn't even try to pretend it isnt ex by lgw · · Score: 2

    Take it a step further and make "the wires" a public utility company, or at least the last mile, which is where the natural monopoly lives.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  15. Re: Push netflix to have adjustable resolution/qua by danbob999 · · Score: 4, Funny

    My kids don't care when I drop youtube down to 240 resolution,

    Someone calls child care services at once!

  16. Re:Using government to advance one's business by mi · · Score: 3, Insightful

    Oligopolies suffer from similar problems as "big gov't": not enough competition to give them incentive and to give consumers real choices.

    Full agreement.

    The biggest road-block to more competition in my opinion is the "last mile problem". It's not realistic nor efficient for every competitor to run wires to every potential customer.

    That's not true — "natural monopoly" is a myth. But do find citations supporting your assertion.

    It's the main reason Google is dropping out in many areas.

    Another unsubstantiated claim. Google Fiber was meant to run all of the "last miles" from the get-go — it was not something they realized they have to do later. I explain their lack of wide-spread success by the above-referenced regulation of local governments, but you are welcome to offer citations supporting your assertion(s). Meanwhile, I offer this map as evidence supporting my assertion. They are already offered in the "redneck" parts of the country like Salt Lake City, Charlotte, and Kansas City, while the corrupt locales like Chicago — despite having many more thickly-settled (and thus easy-to-wire) would-be customers — are merely "being explored".

    If a gov't utility could set up "last mile" wiring, then [...]

    Then instead of the poorly-competing oligopoly, we'll have a bona-fide monopoly — with government policing the Internet traffic. Today I can switch from FiOS to Comcast in a matter of days should I decide to. Bringing about a change to the government-owned service will require months and years of raising awareness and electioneering.

    The right conditions have to be in place for capitalism to work right.

    Absence of wrong conditions is sufficient.

    --
    In Soviet Washington the swamp drains you.
  17. Re:no caps on internal or CDN traffic by jellomizer · · Score: 4, Interesting

    I kinda wish it was like the old days of dialup.
    You have two bills.
    1 for the Infrastructure (Telephone Line)
    1 for your ISP

    The problem now is they are both the same... I should be able to say choose from Cable/Satellite/Cell/Fiber Optic. Pay x per month for the infrastructure which has its fixed peak speeds.
    Then you choose your ISP, who pays so much for caps or no caps, IP Address... Email and any other feature you want and don't want.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  18. Re:Using government to advance one's business by YouGotTobeKidding · · Score: 2

    They can abuse their customers because... gasp... they have a virtual monopoly granted by the government. Kill all the regs including last mile regs and the free market would kick the shit out of ATT and the other asshats.

  19. Re:Using government to advance one's business by mi · · Score: 3, Interesting

    Why must the organization that owns and maintains the physical wires also control the traffic that runs across the wire?

    It may not have to. But it will — because that's the nature of government.

    For example, AT&T "NSA closet" will seem quaint, once all traffic passes government-owned wires. Censoring content crossing government-owned equipment will also become much easier — seriously, would somebody, please, think of the children?! And, yeah, encryption is legal, but, if you use it on publicly-owned wires, the government must be able to decrypt it. And only government-approved (and registered) equipment can be thus connected too. Hasn't the sorry story of public roads taught you anything? Do you think, Internet-access license and uniquely-identifying IDs for your computer(s) will be far behind?

    And, of course, instead of violating Terms of Service, (ab)users will be violating lawsfeds are already seeking to "curb trolling", owning the last mile to every house will allow them to act on that urge.

    No, thanks.

    --
    In Soviet Washington the swamp drains you.
  20. ISP perspective by pcjunky · · Score: 4, Interesting

    I own an ISP (WISP) that is virtually the only option outside of the two large incumbent carriers, Centrylink and Comast that residential users have. The other CLECs mainly, if not exclusively, sell commercial service. We have seen in the last 5 years demand for bandwidth increase nearly 500% mostly due to video streaming. The cost of the fiber and equipment has come down to be sure, but no where near 500%. So far we have been able to keep providing an essentially unlimited service. However if current trends continue, I'm not sure for how much longer.

  21. Re:Then why aren't the telecoms, cable more pofita by Bengie · · Score: 2

    Cable companies spend 10x more money upgrading their cable networks every 5-8 years than the cost of a fiber network that won't need to be upgraded for several decades. They're throwing money in the wind. Average cost to install 1Gb/1Gb fiber, $1.5k/house, cost to upgrade an existing cable network from DOCSIS 2.0 to DOCSIS 3.0, $10k/house. DOCSIS 3.1 will be more expensive for anywhere they plan to actually provide the "3.1" speeds, otherwise you're stuck with 3.0 speeds until they split nodes, which is hugely expensive.

    That's not even including the ~20% industry average reduction in Op-ex costs going fiber, which is a lot of something that consumes 60% of your revenue.

  22. Re:no caps on internal or CDN traffic by 4pins · · Score: 2

    I disagree. Whenever I had this setup (split infrastructure and internet providers) and I would run into a problem, both providers would just point the finger at the other and do nothing. So I switched to a single company that was responsible for the entire service and they took care of the problem. I have found that having a single party that is responsible, is key to success in many aspects of life.

    --
    I will not mourn that which I never had to lose. - Unknown