Time Warner has revised their Subscriber Agreement to lay the legal foundation needed to implement consumption based billing, including usage caps, tiered rate plans, overlimit fees, and speed throttling. Though Time Warner’s metered broadband plans lie in shambles after a barely-averted run in with Congress’ legislative mace, the cable giant clearly has no intention of letting such a potentially massive cash cow escape from the paddock. Inside, the dangerous new legalese that may soon appear in teeny tiny print on your next Time Warner bill.

6. Special Provisions Regarding HSD Service

(ii) I agree that TWC or ISP may change the Maximum Throughput Rate of any tier by amending the price list or Terms of Use. My continued use of the HSD Service following such a change will constitute my acceptance of any new Maximum Throughput Rate. If the level or tier of HSD Service to which I subscribe has a specified limit on the amount of bytes that I can use in a given billing cycle, I also agree that TWC may use technical means, including but not limited to suspending or reducing the speed of my HSD Service, to ensure compliance with these limits, and that TWC or ISP may move me to a higher tier of HSD Service (which may result in higher monthly charges) or impose other charges and fees if my use exceeds these limits.

(iii) I agree that TWC may use Network Management Tools as it determines appropriate and/or that it may use technical means, including but not limited to suspending or reducing the Throughput Rate of my HSD Service, to ensure compliance with its Terms of Use and to ensure that its service operates efficiently. I further agree that TWC and ISP have the right to monitor my bandwidth usage patterns to facilitate the provision of the HSD Service and to ensure my compliance with the Terms of Use and to efficiently manage their networks and their provision of services. TWC or ISP may take such steps as each may determine appropriate in the event my usage of the HSD Service does not comply with the Terms of Use. I acknowledge that HSD Service does not include other services managed by TWC and delivered over TWC’s shared infrastructure, including Video Service and Digital Phone Service.

Senator Schumer was previously able to halt Time Warner’s ill-conceived expansion of metered broadband in New York with a press conference, but it’s clear that nothing short of federal legislation will be able to quash Time Warner’s ill-conceived plot.

They’re Back: Time Warner Cable Adds Cap ‘n Tier Language to Subscriber Agreements [Stop the Cap!]
(Photo: gb775)

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