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.”