Qwest network fiber optic upgrade results in downgrades of DSL speeds? Say Wha?

By jason, 29 May, 2009

Yes, you read the title correctly. Qwest is in the process of upgrading their DSL network to fiber, in order to support their new super whiz-bang 12 and 20mbps DSL service, which they're calling Qwest Connect Titanium and Qwest Connect Quantum respectively. These services are sold in addition to their existing 256kbps, 1.5mbps, and 3-7mbps services, respectively called Qwest Connect Silver, Qwest Connect Gold, and Qwest Connect Platinum.

I've been a customer with a Qwest DSL circuit for about 10 years now, starting out at 640kbps/256kbps. 1.5mbps/896kbps and currently 7mbps/896kbps. As each higher speed became available to me, I jumped on the opportunity for higher speeds, most recently the 7mbps speed, in March 2008. It had been available on my remote terminal since about November 2007, at least that's when I started receiving advertising for it.

The 3-7mbps speeds have been available on the Qwest network in the Twin Cities for quite a while, long before they were available off of the RT we're connected to. When they were finally available, I jumped at the opportunity to upgrade my speed. This was in March or April 2008.

On November 1, 2008, I received a letter from Qwest:

October 17, 2008

IMPORTANT INFORMATION REGARDING YOUR QWEST HIGH-SPEED INTERNET SERVICE

Dear Jason Michaelson:

Our goal at Qwest is to offer products that meet your communications needs and to provide timely information regarding changes or events that will affect your service.

That is why I am writing to let you know that after a recent review of high-speed Internet service in your neighborhood, it was discovered that an error in our systems allowed you to receive access to the Internet at a higher speed than is currently in effect in your area. The correct speed for your area is 1.5Mbps.

I wanted to make you aware of the error and what we'll be doing to correct it. First, Qwest will make the change to the correct speed on or after December 1, 2008. You'll also be contacted by a Qwest representative to arrange to make the change prior to this datem or you may contact Qwest at 1 877-999-3738.

Your bill will be changed to reflect the rate for the new speed at the time the speed change occurs, and you will see the change reflected on your bill after the correction has been made.

We work hard at Qwest to avoid mistakes because they can create an inconvenience for our customers. I apologize that this happened, and thank you for your patience. I understand that you have a choice of communications providers and apperciate that you have chosen Qwest.

Sincerely,

Kim Whitehead

Vice President, Marketing

Say what?

An error in your systems allowed me to receive access at a higher rate than is available in my area? And you'll be correcting it on or after December 1, 2008 (note, it is currently December 8, 2008, and my modem is still trained up at 7168kbps at the moment). This must be a really serious error if you'll be correcting it six weeks (maybe more) after you sent me the letter (according to its date).

I called the number in the letter, and spoke with someone who (from the tone of my voice) knew immediately what I was talking about, and proceeded to tell me that I wasn't the first person she'd heard from negatively about the letter. (Yes, I realize that if several people call you complaining about something, its you that has the problem not them, but this is a large publicly held company we're talking about here, and common sense isn't necessarily either in that particular arena). After an inquiry from me regarding whether this was because of the fiber to the node rollout that they're doing, she admitted that it was. I asked why they weren't clear about the real reasons for it and she told me that doing so would amount to illegal solicitation of business, since I'm not an existing customer of theirs for IP transport. Evidently that's something that matters only when you're sending out apology letters, but not when you're explicitly running an advertising campaign.

After some loop qualifications on my part, it turns out that 7mbps DSL service (which Qwest refers to as Qwest Connect Platinum) is most definitely not a higher speed than is available in my area; my neighbors can get that speed just fine. In fact, if they wanted they could get 12 and 20mbps (Qwest Connect Titanium and Quantum) service just fine. So why can't I? It turns out that Qwest provides only the circuit for my DSL connection and not the IP service; that's provided from Visi.com. Because our RT was recently converted to fiber, the highest speeds I can attain (without changing ISP's) is 1.5mbps (despite the fact that the RT is handling 7mbps just fine for me).

If I were to put in an address over on, say, the East Side of St. Paul, served out of the BEECH switching office, where fiber isn't in the loop, I could get a connection speed of up to 7mbps (also called Qwest Connect Platinum, regardless of ISP choice), all the while choosing my ISP; the Titanium and Quantum levels of service aren't available.

I did a little more searching, and found some residential addresses immediately next to the LEXINGTON switching office in Eagan, which feeds our phone lines. Turns out they can get the 7mbps speeds too, and interestingly enough they can pick their ISP.

Something doesn't seem right here. Some customers can get Qwest Connect Platinum service and pick their ISP's; some can't. The difference between the two is whether there's fiber in the loop. That doesn't sound like the same service to me.

Arguably, Qwest can't really sell 12 and 20 mbps service without offering those customers a 7mbps option. If they did, there would be customers on the opposite end of this argument who would have to pay more for 12mbps service even if they only wanted 7mbps, while their non-fiber counterparts had the 7mbps service available to them.

Qwest, nonetheless, asserts that this was an "error" on their part, or rather the part of their systems. If it were limited to one remote terminal worth of lines, I could possibly be persuaded to believe this. However, this has happened to customers on multiple remote terminals. To me that sounds more like someone in a business office somewhere had a change of heart, probably because of anti-competitive reasons.

What have I done about it? No one wants to claim jurisdiction for the matter. The Minnesota Public Utilities Commission passes the buck for "Internet Problems", which this could be considered, to the State Attorney General's office. The FCC technically has jurisdiction over DSL service, but allows states to regulate it, and given the current anti-consumer, pro telecom nature of the FCC, I would expect that little would be done about it from them. Then, I came across this order from the PUC, dated March 2005. The PUC claimed jurisdiction over an interconnection agreement between Qwest and Covad, over specifically Qwest's upgrade to fiber-optic transport for DSL. Ah ha!

Shortly after November 14, 2008, the Public Utilities Commission received a four-page letter, copies of the correspondence I received from Qwest, including the advertising materials, and a complaint form signed by myself on the matter. To date, I haven't heard from them. However, on the same day, I also sent a slightly modified version of the complaint, with all the accompanying materials to the Attorney General's office. Interestingly enough, I got a call back from them within a week, saying they'd call Qwest on my behalf. I haven't heard back from them since then.

I'll update the site as I find out more.

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