Tuesday, August 26, 2008

FCC Undecided on Changing Mobile Phone Roaming Rules

Here's some interesting wireless contract scoop for those who make a lot of roaming calls. According to a Reuters article, the Federal Communications Commission or FCC has not yet made a decision on chaining certain cellular roaming issues that have caused some problems for some mobile phone carriers.

This delay on changing the mobile phone roaming rules was seen as significant since smaller carriers have been expecting a decidion on this issue. Let's look at the heart of this conflict since roaming is one of the many aspects of mobile phone contracts.

The problem lies on whether carriers should be allowed to roam in areas where they own airwaves, but have not built networks, are affecting smaller carriers. Smaller carriers own spectrum in certain markets but lack the means to build the wireless networks and so they have to rely on o roam on the existing networks of larger rivals. The FCC has decided to look at this issue after the commission reaffirmed the rights of smaller carriers to roam on the networks of bigger wireless companies about a year ago.

Minor wireless network providers wanted to gain access to areas where they had acquired spectrum. unfortunately, they lack the means to build networks top exploit those areas. Neverthe less, thses small carriers wanted to preserve their right to roam in those areas.

Earlier, the FCC made a proposal that allowed smaller carriers who owned unused spectrum could continue roaming for four years before they lost roaming rights. The FCC wanted to give smaller carriers time to build out their own networks or to give the spectrum back to the government and continue roaming.

However, the FCC's five commissioners were unable to agree on the proposal so it was withdrawn. Some commissioners were concerned that they need more time to study the issue while some wanted to grant a longer phase-in period to smaller carriers.

The FCC did not indicate a specific time frame for making a decision in this issue. Well, this looks like an issue that won't go away soon. This issue affects regional customers who might lose their ability to make roaming calls if the FCC did not grant smaller carriers to roam on major net works.

Tune in to this blog for more news and updates regarding issues related to mobile phone contracts.

Friday, August 1, 2008

Sprint's ETF Lawsuit Loss Could Shake the Industry!

It been a few weeks since I've made a post here. The wireless contract scene has been quite so There wasn't anything to write about. But that's not the case right now. I've just found out that Sprint lost a lawsuit on its ETF wireless contract policy. Let's explore the details of this story.

Apparently, Sprint's early termination fees has violated a state law according to a California state judge when he ruled against the company. The members of the class who sued Sprint for it's ETF were awarded a total of $73 million in reparation for the fees.

The judge's tentative ruling says that Sprint will have to pay $18.3 million to customers who sued over the fees. Sprint should also credit $54.8 million to those who were charged but did not pay the fee. Well, Sprint seems to be in a bind now but the company does have two weeks to contest the ruling.

Not on to the bigger picture. The judge is also considering other lawsuits against telecommunications companies over mobile phone contract policies covering early termination fees. And recently, Verizon Wireless agreed to pay $21 million to settle an identical lawsuit. Overall, things are not looking well for mobile phone carriers.

FCC representatives refused to release any comment on this pivotal court decision however they did indicate that it will not affect the agency's plans on ETF. Currently, the FCC is dealing with lobbying over how best to handle the ETF policies in the wireless contracts of carriers.

The FCC has been asked by various Telecommunications companies to regulate the fees. They want the agency to protect them from class action lawsuits in state courts. The FCC has released information on a plan in which the cancellation fees would be reduced over the life of the contract.

Customers and consumer groups have continually assailed the ETF policies in the mobile phone contracts of cell phone carriers. Perhaps this important decision will fuel the efforts to regulate this troubl;e some fee. Tune in to this blog for more wireless contracts info, news and updates.

Friday, July 11, 2008

Wireless Contract Updates: ETF Settlements and Wireless Wiretap Immunity

Here are a couple of news update that are related to wireless contracts. Let's begin with Verizon agreeing to pay some ETF settlements.

According to the Wall Street Journal, Verizon Wireless has settled with subscribers who have filed class-action lawsuits over early-termination fees in wireless contracts. The mobile phone carrier is willing to pay $21 million to settle these wireless contract disputes. Some experts say that this move will to put renewed focus on a federal effort to restrict early termination fees.

Well, this is certainly good for Verizon wireless subscribers especially those who are disputing ETF's. It will be interesting to see the effect of this move. Perhaps the other carriers will also decide to settle the class action suits that they are facing. Maybe the FCC will implement guidelines to take control of these fees.

Let's move on to the news about telecommunication getting immunity from warrantless wiretaps.
http://www.rcrwirelessnews.com/apps/pbcs.dll/article?AID=/20080710/FREE/732008705/1078

The US President Bush will soon sign the new electronic surveillance legislation that can free companies from dozens of privacy lawsuits. The 1978 Foreign Intelligence Surveillance Act was revised and the changes were passed by the Senate yesterday and the House last month. These revisions effectively grants AT&T Inc., Verizon Communications Inc. and Sprint Nextel Corp. retroactive immunity to in connection with their participation in the National Security Agency’s warrantless wiretap program.

Here's a statement from the American president regarding the wireless wiretap immunity granted to the carriers.
“This bill will help our intelligence professionals learn who the terrorists are talking to, what they’re saying, and what they're planning. It will ensure that those companies whose assistance is necessary to protect the country will, themselves, be protected from lawsuits for past or future cooperation with the government. It will uphold our most solemn obligation as officials of the federal government to protect the American people.”

Well, I think this is great news for both subscribers and and the carriers. The mobile phone carriers will be able to protect the privacy over their customers and won't have to worry about privacy lawsuits. Privacy is part of the wireless contract between the two parties. No customer would want to trust any carrier who will not be able to provide security and privacy so they can be protected from losing customers.

This deal is also great for customers because they won't have to worry about the threat of wire tapping. They know that their private conversations and messages will be safe from the prying eyes of the government.

Tune in to this blog for more wireless contract updates.

Friday, July 4, 2008

Lawmakers Argue Over Roaming

Here's some more wireless contracts news. Apparently, lawmakers have been debating about over roaming. Some experts say that the controversy over this wireless contract policy may grow into a major fault line in the mobile-phone industry. Let me discuss roaming before we proceed to the meat of this news.

The term "Roaming" is used in wireless telecommunications to describe the extending of connectivity service in a location that is different from the home location where the service was registered. Now every carrier has it's own wireless contract policies on roaming and the charges that come with it.

Here's a statement from the wireless contract of on roaming:

Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. If your usage of the Services on other carriers' wireless networks ("offnet usage") during any two consecutive months exceeds your offnet usage allowance, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. Your offnet usage allowance is equal to the lesser of 6 megabytes or 20% of the kilobytes included with your plan and for messaging plans the lesser of 3000 messages or 50% of the messages included with your plan. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement.

Now that we have discussed the concept of roaming, it's time to get back to the news. The trend to consolidate roaming policies and fees among mobile phone carriers is making an already rough-and-tumble roaming dispute even more volatile. Small carriers have remained dissatisfied with last year’s FCC ruling that declared automatic roaming a common-carrier obligation for cellular operators.

Unfortunately, the FCC ruling has fan the flames over an in-market exemption, the applicability of the mandate to push-to-talk service and the possibility of extending the new rule to high speed wireless Internet services.

To make matters worse the FCC has yet to rule regulatory challenges to its roaming order. Some lawmakers have made inquiries ion to the FCC's plans to proceed on challenges to the automatic roaming ruling.

The legislators are also
concerned that the in-market exception will affect districts with large concentrations of low-income and minority citizens. This market is largely served by small and regional wireless providers.

Leap Wireless International Inc., SouthernLINC Wireless, U.S. Cellular Corp., MetroPCS Communications Inc., Sprint Nextel Corp., T-Mobile USA Inc. and several rural telecom associations are questioning the
FCC roaming rule.

Well, I hope that the legislators and the FCC can figure out the best solution to this roaming controversy. Tune in to this blog for more wireless contract info and news.

Wednesday, June 25, 2008

T-Mobile Announces New Approach to Early Termination Fees

Here's some interesting wireless contract news for T-Mobile fans. According to Gizmodo.com, T-Mobile has just announced that they are taking a new approach to the early termination fees for their mobile phone contracts to provide greater flexibility for their customers.

Well, it seems that that ETF's are still a hot issue in the mobile phone industry. This announcement may also be related to AT&T's announcement that they have begun prorating their early termination fees. Here's a statement from Sue Nokes, Chief Customer and Operations Officer, T-Mobile USA, regarding this new approach,

“T-Mobile continues to set the pace in offering customers a number of flexible plans and services that don’t require a contract to help them stay connected to those who matter most. In addition, by providing this flexibility and choice, our hope is that T-Mobile customers will be happy customers for years to come.”

Let's discuss the details of this new T-Mobile early termination fees approach as it may be a bit confusing. T-Mobile wants their customers to know that starting on June 28, 2008, the ETF for customers who choose a one-year or two-year service agreement will decline during the course their contract.

This means that if customers terminate service with 91 to 180 days remaining on their agreement, then the ETF decreases from $200 to $100. It will then decrease again to $50 with fewer than 91 days remaining. Now in the event that a customer want to terminate in the last 30 days of their term, then the ETF is $50 or their standard monthly charge, whichever is less.

Now according to Gizmodo, this new approach to the ETF's of wireless contracts is not the same with pro-rated ETF's because the fee goes down in increments and never touches zero.

I think that this is a positive step towards resolving the wireless contract disputes between the mobile phone carriers and customers. Much of those complaints are focused on ETF's so any move towards reducing it should appease customers. Even the FCC has made proposals to reduce the conflict over early termination fees for cell phone contracts. Perhaps this move by T-Mobile will encourage other carriers to develop their own consumer friendly approach towards ETF's.

Tune in to this blog for more wireless contract news and information.

Tuesday, June 17, 2008

FCC Plans for Wireless Contract and ETF

In my last post I discussed the struggles that are centered on the controversial ETF or early termination fees that are charged for canceling a wireless contract.

Mobile phone companies usually charge early termination fees that can range from $150 to $225. These fees help them to recover the cost of devices, which they subsidize under long-term wireless contracts. These ETF's also lessens the burden signing up new customers. However, these fees have been assailed because they have curtailed the freedom of customers to shift to another carrier. The imposition of these fees have resulted in class-action lawsuits in several states and legislative proposals.

Now it seems that the FCC has decided to act and laid out some proposals on ETFs. Hopefully, these proposals will solve some of the problems concerning this policy but let us first take a look at the FCC proposals.

Kevin Marti, the current FCC Chairman, expressed that the proposal is similar to an industry plan that was offered by mobile phone carriers headed by Verizon Wireless. He also expressed that the proposal was drafted because ongoing class-action lawsuits would probably not provide an answer to the ongoing issues about the unpopular fees.

Here are the main elements of the proposal:

  • the ETF would be related to the actual retail price of the device being purchased so that a $100 handset would have a cheaper ETF than a $300 phone
  • ETFs should be prorated and reduced over the length of a cell phone contract
  • wireless contracts should only last for a reasonable length of time
  • Extended wireless contracts should not necessarily have their ETFs reinstated
  • allow class action lawsuits regarding ETFs against certain carriers to move forward

These proposals seems to provide some answers to the problems that are plaguing the mobile phone industry, However, some experts think that the proposal lacks many vital elements. For instance, the proposal did not offer specific information on the government body that would be in charge of monitoring ETFs. The proposal also did not propose any federal program that would preempt state governmental rights.

I guess we have to wait for more updates on this development. Let's hope that the FCC and the mobile phone companies can come up with plans to provide the best service to customers. Tune in to this blog for more wireless contracts news and information.

Wednesday, June 11, 2008

The Battles Over the ETF Policies of Wireless Contracts

I have often blogged about ETFs or early termination fees in this wireless contract blog. That's no surprise because ETF's are probably the most controversial fees charged by wireless contracts.

These fees are very restrictive and expensive. The huge numbers of contract disputes and consumers complaints arising from early termination fees have been documented. All you have to do is to visit consumer rights websites, and you'll see that plenty of consumers are unhappy with these fees and the wireless contract policies that enforce them.

Currently, significant battles or disputes over early termination fees raging in major courts while carriers are being encouraged to make commitments on embracing consumer-friendly practices and opening their networks. The current scenario indicates that the foundation of a decades-old reign of ETF's are under attacked on all sides and it could be on its way out. I'm sure many consumers would like to see the demise of ETF wireless contract policies. Let us explore it more deeply.

Apparently,
the mobile phone industry’s long-held argument that ETFs allow carriers to recoup costs associated with subsidized handsets are being undermined by a series of class-action lawsuits in California state court against national cellular carriers. Complainants feel that ETF's have another purpose and they intend to show the ETF was embraced as an arbitrary penalty. Experts say that other suits will use the same line of argument in pending class actions.

The disputes are also being held in the nation's capital.
CTIA continues to lobby the Federal Communications Commission to approve a 2005 request to declare ETFs a component of wireless rates and therefore off limits to states. A 1993 law pre-empts state regulation of wireless rates, but reserves limited powers over “terms and conditions” to states. Some senators are also pushing a wireless consumer empowerment bill that would mandate pro-rated ETFs.

Experts are also saying the the impact of these battles over wireless contract ETF policies might be significant. For example, if courts rule in favor of the complaints then carriers may be forced to pay huge amounts of money. Some estimates say that the figures run in the billions.

The disputes over early termination fees might also have a huge impact on
churn or the transfer of consumers from one carrier to another. Some carriers may be deeply affected if frequent shifts in subscribership results from the absence of wireless contract ETF policies.

I guess there's nothing we can do but wait. the battles are still raging and there are no clear winners. Tune in to this blog for more updates on wireless contracts, early termination fees and related topics.