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While cautious, the FCC seems ready to step in to regulate

Cellular companies, finding themselves besieged by a litany of class-action lawsuits over their policy towards Early Termination Fees (ETFs), recently made a 180-degree turn into the arms of the FCC, asking it to standardize the “patchwork” of individual state regulations governing the practice.

That shift culminated in an open meeting held last Thursday, which brought representatives from the cellular industry, expert panelists, and FCC leadership together in order to lay out the groundwork for a new plan that would restructure the way consumers are charged – oftentimes amounting to more than $200 per phone – when they take an early exit from their cellular contracts.

Speaking last Thursday (PDF), Martin outlined his plans. He says ETFs should be “reasonably related” to the cost of equipment, prorated over the life of customers’ contract, and only be used to enforce contracts entered for an unspecified but “reasonable” length of time.

Martin’s requests for a “reasonable length of time” proved to be the most controversial. “What exactly does that mean? Is it reasonable to have to sign a two-year contract for wireless service?” writes BusinessWeek’s Olga Kharif.

“If the FCC mandates that a one-year contract is more reasonable, that alone could turn the industry upside down,” she said.

A number of wireless companies have already implemented some of Martin’s suggestions. Verizon, for example, already prorates their early termination fees and has been doing so since 2006, said Executive Vice President Thomas J. Tauke (PDF).

Despite its initiative, said Tauke, Verizon shudders at the “prospect of 50 different sets of rules related to consumer contracts with ETFs.”

Such regulation, enforced differently from state to state, would be “confusing” to consumers, burden providers with “unnecessary and unreasonable” extra costs – ultimately paid by subscribers – and “not be in keeping with the goal of a national wireless marketplace policy,” he said.

ETFs are necessary to subsidize equipment costs for customers (PDF), National Cable & Telecommunications Association Sr. Vice President Daniel Brenner, and they have provided “significant benefits” to customers and providers alike.

Wireless providers’ plea for a bailout from its legal predicament has certainly made for strange bedfellows. Neighboring battles with the FCC over 700 MHz spectrum policy, “network neutrality,” and P2P service blocking have seen telcos and ISPs take a chilled, if adversarial, stance towards Martin and his policymaking.

At this point, nothing is set -- any changes to ETF policy are, at this point, completely voluntary efforts by wireless companies. Martin has, thus far, not revealed his stance on a FCC-implemented policy of regulation – although he expressed skepticism in the current system.

“Not all consumers even benefit from [these class-action] lawsuits,” he said. “I do not believe a patchwork of 50 different sets of regulations with widely varying protections benefits consumers or the industry.”



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Phone Subsidies
By veculous on 6/16/2008 9:30:09 PM , Rating: 5
"necessary to subsidize equipment costs" my ass.

Why is it that they assume we want the phones subsidized? I don't know how many people I speak for, but I certainly would rather buy my own phone and enter my own (lower priced) service plans without any contract.

The subsidy business is just a way to screw people over in my opinion because the monthly fee is not reduced at the end of the contract; instead, you're expected to get another phone so you can be locked in for another 2 years.

To me it seems the phone companies are making money hand over fist because of the "necessity" of subsidizing the equipment.




RE: Phone Subsidies
By mixpix on 6/16/2008 10:07:24 PM , Rating: 2
While I agree with your view, I just have to say that buying a $600+ Blackberry is not something everyone can afford, so subsidized equipment can be worthwhile... *sigh* Both ways you're ripped off.


RE: Phone Subsidies
By Reclaimer77 on 6/16/2008 10:22:04 PM , Rating: 3
The price of the phones are deliberately inflated by huge percentages to force you into the 2 years contract. I don't believe for a second that they pay the phone manufacturers anywhere NEAR the markup you see at the store if you want to actually buy the phone. Only a sucker would pay $300+ for a regular flip phone. No, they know you will see the price and say " Damn ! Looks like I better just get the long contract plan "


RE: Phone Subsidies
By Polynikes on 6/16/2008 10:46:36 PM , Rating: 2
I agree. Most phones, there's no way they're as expensive as the companies' fuzzy math equations ($499.99 - $100 instant internet rebate - $150.00 contract reduction = $249.99 phone price).


RE: Phone Subsidies
By sxr7171 on 6/17/2008 12:25:29 AM , Rating: 2
Sure there is price inflation on most of those phones but they are not that far from what they cost. Go check out some unlocked phone prices if you don't believe me. Many Chinatown cell phone stores will let you buy any unlocked phone you want and offer you about $200 off for signing a 2 year contract. So in your example the phone should be about $450 unlocked and often times they are. Even mid-range Nokias are in that price range.


RE: Phone Subsidies
By Lifted on 6/17/2008 6:13:38 PM , Rating: 3
Yes, they are. I can go to any of the malls here in Bangkok and get a new LG or Nokia phone for $30. I got a brand new Samsung slide phone the first week it came out for $200. It's now going for $100.

I also don't have to enter into a contract, and end up spending $10 a month on my calls as incoming calls and messages are free and I only make a couple of hours a month in outbound calls.

So things could be a lot cheaper, but the US mobile phone companies know how to rape people on these contracts and inflated phones.

I also get better customer service here and have a lot more features available to me than I ever did with Verizon Wireless. My phone doesn't have features locked and overpriced Verizon apps. I can buy any app that works on my phone and install it. In fact, I can just get a DVD full of hundreds of apps and games for a few bucks since this is Thailand, but that's another story.


RE: Phone Subsidies
By Reclaimer77 on 6/18/2008 12:58:23 AM , Rating: 1
Exactly. This whole " subsidies " argument is a big crock of shit. The phones are dirt cheap for them. Retailers slap HUGE markups on them and stupid rebate service plan schemes designed to lure you toward a long term contract.


RE: Phone Subsidies
By dr4gon on 6/17/2008 9:25:33 AM , Rating: 2
Since when was a blackberry $600+? Even unlocked without a plan, depending on the model they are around $200 (pearl) or a bit higher (curve). They are more than making up for the subsidy with extremely high service plans. And not everyone needs a blackberry. It's like not everyone can afford a $75+ service plan.


RE: Phone Subsidies
By kake on 6/16/2008 11:54:32 PM , Rating: 3
As an electrician I brutalize phones in a way seldom seen outside of certain more select websites of ill repute. They get drowned in concrete, dropped off of 30' manlifts and then run over by said manlift, nailgunned to my trailer by (obviously) well-meaning framers intent on keeping me from wondering where I left it last, beaten furiously with pipe when the connection cuts out in the middle of some important call (ie - ordering lunch), and other such obtrusive life experiences that a cell phone might be injured upon.

I buy 20usd phones at Wal-Mart three at a time and just stick my sim card in a new one after wiping the mud/concrete/whatever off the sim whenever disaster strikes.

Yeah, those discounted phone prices that they make up for in service charges sure do me a world of good. Huh.


RE: Phone Subsidies
By sxr7171 on 6/17/08, Rating: 0
RE: Phone Subsidies
By kenferg1 on 6/17/2008 3:04:54 PM , Rating: 1
Why is it that when someone makes a comment regarding personal choice and taking responsibility for it, they get down rated? There are too many people who want it both ways: Cheap service, free phones, no obligations. Nothing is free. I takes anywhere from $300K (US) to $500K to erect a single tower. That doesn't include ongoing maintenance. The equipment in the NOCs costs millions to buy, maintain, and upgrade. There is all of the interoperability hardware and software that is necessary for users to have the best experience possible.

If you CHOOSE to sign the contract, then you have an obligation to fulfill its terms. If you do not want to sign a contract the companies have made available many options.

The bottom line is everyone wants something for nothing. It doesn't work that way. It never will.

Downrate away!


RE: Phone Subsidies
By stubeck on 6/17/2008 5:08:58 AM , Rating: 2
They do that in the UK (and I'm assuming the rest of Europe.) You can buy most phones with a contract or without. The phones without a contract obviously cost more, but you at least have the option. Another nice thing is the price of the phone, and the features you get (amount of minutes, text messages, any free extras) is affected by the length of your contract, usually from a year to 2 years (2 years is considered a ridiculously long time,) so you get a cheaper phone, with more extras the longer you sign a contract for.

Probably the nicest thing they do as well, is if you already have a phone you want to use, you can sign up for a "contract" plan. Its only a monthly contract, so you cancel at any time, and you get a lot better features then the subsidized plans. For £15 a month I get 150 minutes and 500 texts (and I could have switched it to a plan with more minutes if I wanted.) This was also a lot better then the 18 month contract I would have signed up for, which was £20 and only had 75 minutes and 200 texts.

Pay as you go is also worthwhile here, most people stick to it because its cheap and works great. The US has a long way to go before they reach Europe in the flexibility and low cost in mobile plans. I think its great all the choices they give consumers here, and not just assume everyone wants a draconian contract.


RE: Phone Subsidies
By FITCamaro on 6/17/2008 6:21:45 AM , Rating: 2
$30 a month for 150 minutes and 500 text messages? I certainly hope you get free in-network calling and free nights and weekends with that.

My total bill is $50 a month for 450 minutes, free in-network calling, free nights and weekends, free in-network text and picture messages, and 500 out of network text messages. And since nearly everyone I know is now on Verizon, I hardly use my minutes.


RE: Phone Subsidies
By FITCamaro on 6/17/2008 6:22:09 AM , Rating: 2
And I meant USD here.


RE: Phone Subsidies
By stubeck on 6/17/2008 7:22:22 AM , Rating: 2
You can't compare dollars with pounds. And if you want to, you have to look at it as a straight conversion, so I'm paying 15 dollars a month where you're paying 50. If I went to a more expensive plan I would get more features too, obviously.


RE: Phone Subsidies
By thornburg on 6/17/2008 8:50:40 AM , Rating: 3
quote:
You can't compare dollars with pounds. And if you want to, you have to look at it as a straight conversion, so I'm paying 15 dollars a month where you're paying 50.


So you're saying that one liter of petrol is 1-1.25 GBP, a loaf of cheap bread is 1GBP, a pair of decent (but not designer) pants costs 20GBP? How about a barrel of oil or a gram of gold?

Obviously it is fair to do currency conversion when comparing costs. However, the average wages of an area should also be taken into consideration. Even adjusted for wages, US cellular plans are MUCH cheaper for voice time than any I've heard of in the EU. We're just all stuck in 2-year contracts, with limited phone selection, and with some major carriers, locked-down phones (i.e. you can't put your own ringtones/games/etc on it without buying them from the phone company).


RE: Phone Subsidies
By stubeck on 6/17/2008 1:21:43 PM , Rating: 2
A loaf of cheap bread costs 37 pence (Tesco value, works well as toast.) A liter of petrol is £1.20 or so, and I have gotten designer trousers for £20 (pants here are underwear btw :p) So I fail to see your point. I don't generally buy barrels of oil, or grams of gold, so I do not know their price.

Minimum wage here is $12 an hour, so that makes it much cheaper then the US. If I'm getting minimum wage (£5 an hour or so) and spending £15 a month on my mobile, its a lot cheaper then getting $7 an hour and spending $50 on a mobile every month.


What gets me
By pauldovi on 6/16/2008 10:22:27 PM , Rating: 2
I was just looking at phone plans.

$40/month for base 450 minutes
$30/month for unlimited data
$20/month for text messages....

What! Are you kidding me!?!?!?! Text messages are the most efficient way of using the network (as compared to an open connection line between 2 people). The networks should be begging people to use text messaging. Not only that... if you have "unlimited data" messaging should be included.

BS I claim.