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Congressman: Time's Up For Time Warner Metered Billing
by Wendy Davis, Wednesday, April 8, 2009, 7:00 AM

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Eric MassaA lawmaker from New York is vowing to stop Time Warner from forging ahead with its controversial plan to roll out a new pay-per-download billing system.

"This is an incredibly ill-conceived idea and a very repressive step backwards," U.S. Rep. Eric Massa (D-N.Y.) said of the cable company's plan. "At the very moment when access to digital information is at the heart of economic recovery, they're going to go for corporate greed."

Massa added that he is considering introducing legislation to rein in the company. "In many markets they are a monopoly and we are going to invoke every tool necessary to ensure they don't proceed with this," he said.

Massa's district includes Rochester -- one of four cities in which Time Warner plans to test the new pay-per-usage billing system. The others are Austin and San Antonio (Texas), and Greensboro, N.C.

Massa also issued a statement Tuesday criticizing Time Warner's plan as "an outrageous, job killing initiative."

Time Warner's new model is similar to the tiered pricing systems used by many cell phone companies. For the initial test, which began last year in Beaumont, Texas, new Time Warner subscribers were offered a choice of four plans that allow them to download set amounts each month. The plans ranged from $29.95 a month for 5 GB to $54.90 a month for 40 GB. Those who exceed the allotment were charged $1 for each GB over the limit.

The company said that 86% of subscribers in the recent test in Beaumont stayed within the caps. The 14% that exceeded their limits paid an average surcharge of $19 a month.

Time Warner intends to add at least one additional tier with a 100 GB cap. Pricing for that has not yet been determined, a spokesman said. Downloading one high-def movie takes around 5 GB on average.

Time Warner says pay-per-download is fairer than more conventional broadband pricing, which charges consumers a flat fee for unlimited access.

A Time Warner spokesperson said that not all broadband customers will pay more as a result of the new pricing system.

Critics view the new pricing structure as a ploy to extract more money from consumers and/or discourage people from watching video at free online sites rather than paying for cable subscriptions.

Drawing on recent populist sentiment about corporate greed, Massa compared Time Warner to insurance giant AIG, which recently made headlines for giving executives bonuses after receiving a government bailout. "If this is a monopoly that's going to abuse the American people like AIG did, then it's time to break it up," Massa said. "I look at this as an economic threat," he added.

Time Warner isn't the only company experimenting with broadband caps. AT&T also is testing metered billing, but with caps ranging from 20 to 150 GB. In addition, Comcast imposes a 250 GB-per-month cap on all Web users.

Some of those caps seem like more than enough bandwidth, but advocacy groups like Free Press argue that average use will only increase as more video becomes available online. "You can't pick a number that a consumer won't exceed in a short amount of years," said Free Press policy counsel Chris Riley. He added that the migration of video to the Web will only hasten increased use. "Hulu will drastically expand the amount of bandwidth that the average consumer uses," he said.

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