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It's Time To Terminate The Cellular Industry's Calling Plans

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Think for a moment of the ideal business. Your company is one of a handful of suppliers of a service. Customers must get their equipment from you. They can use your service on your terms only. They can’t leave without getting hit with large penalties. The quality of the service isn’t that great, contrasted with other places around the world.

Welcome to the world of telecommunications. Once upon a time, most of that description could have applied to the old Ma Bell, AT&T, which provided the telephone service and controlled access to the telephones. Over the years, the old Bell System’s controls largely slipped away as regulators in 1968 decided that equipment other than the “official” gear could be attached to the network, leading to developments like the fax machine, modems and faster connections to the Internet.

The spirit of Ma Bell lives on in her grandchildren, the cellular industry. Verizon and AT&T, the direct descendents, as well as industry cousins Sprint and T-Mobile, like to present the appearance of competition. To a degree, they are right. There are four national carriers, and those carriers are spending millions of dollars to attract customers. They do offer lots of phones. That’s all well and good, but irrelevant.

What the carriers have in common is much greater than what sets them apart, namely the business structure that requires a customer to buy a certain amount of minutes (local and long-distance combined) and strongly encourages the purchase of an “approved’ handset through subsidies on the price, all locked into place by high termination fees and restricted terms of service.

There is hope for cellular customers, however. Skype, the revolutionary company that provides software for making calls over the wired Internet as well as through Wi-Fi connections, has asked the Federal Communications Commission (FCC) to apply the same rules to cellular phone companies that apply to regular telephones. Skype’s petition, supported by public-interest and consumer groups (including my day-job employer Public Knowledge) was long overdue.

From the beginning of the cellular industry in the U.S., regulators looked the other way as consumers were effectively trapped. The mistaken theory was that because there is “competition” in the business, the same rules as for landline telephones needn’t apply.

The cellular industry isn’t giving up its stranglehold without a fight. What is amazing, however, is that the arguments they are using now are basically the same arguments that the old AT&T used, unsuccessfully, 40 years ago.

Consider this summary of AT&T’s position in 1968, as described by the FCC: “Installation of unauthorized equipment, according to the telephone companies, would have at least two negative results. First, it would divide the responsibility for assuring that each part of the system is able to function effectively and, second, it would retard development of the system…”

AT&T told the FCC last month that it must protect its network against harm, needs to sustain innovation. AT&T, for example, argued: “… although AT&T does not prohibit the use of uncertified handsets, AT&T strongly encourages its customers to use certified handsets – those that are optimized for its network – and it guarantees the service of and provides technical support only for those handsets.”

The company also told the Commission: “Regulatory intervention at this point, with the market in its infancy, could have disastrous long-term effects, distorting investment and stifling the ongoing innovation and experimentation that is critical…”

Verizon chipped by saying that “Customers would no longer enjoy one-stop customer service on their devices from the carrier,” which would lead to frustrated customers. It does sound familiar.

Cell phone companies, it is true; develop their own special features. Each has its own music download service, and each is working on video delivery. The catch is that the customer can only use the download service from that one company. You can’t use Sprint’s music service on Verizon, and you can’t use iTunes on any phones that are not specially equipped. You can’t use Skype, either. While it’s technically possible to download the Skype software to some smart phones, the Terms of Service of the cellphone companies prohibit specifically use of “Voice over Internet Protocol” calling.

Here is what AT&T says you can do with your phone and the service you buy: “Data Service sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications).”

Ma Bell’s time has expired. She’s used up her minutes. The same arguments didn’t hold up then and don’t hold up now. It’s time for the FCC to introduce the same competition and freedom into the wireless world that it did for the wired telephones nearly 40 years ago.


11 Comments

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The real issue is the contracts. They should all be nullified immediately and a customer should be able to switch services at any time for any reason at no cost.

At the very least a customer should be able to assert that the company breached its contract if the company doesn't offer the best available equipment, if the service is shoddy or for dropped calls and dead air spaces.

thosethingswesay.blogspot.com

A local trade paper (Network Computing) has another argument in favor of more openness. Some firms provide their staff with phones, but restrict what can be done with them. So, for example, no texting or music downloads. If the person wants to do these things then they must carry a second phone.

There is a technology which allows more than one phone number per phone (so one could access different networks, for example), but the cell phone companies are blocking implementation.

Several phones have extra features which work in Europe or Asia, but the makers are forced to omit them for the American market. Not only do we have an oligopoly, but a technologically backward one.

Some typical uses: dialing a number to purchase something from a vending machine; scanning a bar code in a magazine or elsewhere to get price comparisons or product reviews.

--- Policies not Politics
Daily Landscape

The only defensible reason for the service contracts we have to buy is to pay back the cost of the "free" cell phone they supply. I would much prefer to be able to buy whatever cell phone I want, with whatever features I want, then go to a service provider and buy the service on a month to month basis. This helps two industries - the cell phone makers and the cell phone services.

Given the pace of innovation in the electronics industry the two year contract I had to sign for my cell phone service is obscene. My phone is now a dinosaur. Fortunately my contract is only a month from expiring, so I will have the privilege of signing another contract for another two years, much of which will be with obsolete phones. I'm tempted to buy prepaid service instead.

Hoppy in Sacramento

thanks for the interesting post. I liked your line: "Ma Bell’s time has expired. She’s used up her minutes."

I also read this with interest:

Verizon chipped by saying that “Customers would no longer enjoy one-stop customer service on their devices from the carrier,”

wouldn't it be interesting if customers could get cellphone service with or without one-stop customer service just like customers can buy something with an extended warranty, or not.

It will be interesting to see how much impact Skype has and it really could in some places.

Here, in minneapolis, they're building a public WiFi network and, because I don't have a landline in my home and no TV, I can definitely see myself switching from DSL to the public WiFi network!

I used to work for CompuServe and that company made lots of money via per minute internet fees and they are no longer! While most people don't know the brandname, 10 years ago-- they probably did.

Overall, I think that keeping fees high for a "wireless internet" would constrain overall economic development by creating an elite medium rather than a ubiquitous one.

A ubiquitous medium is important because, for example, it could be used to let sports fans know that "there are left over tickets for a sporting event in a few hours and you can have them at a great price."

The industry will change their policies, I think, when the cost of acquiring new customers excedes the ROI... and I wonder how close we are to that point? I don't think that a shift is unprecedented since it wasn't long ago that long distance phone bills were ugly. Today, however, long distance is almost free.

To boldly go...

Re: The only defensible reason for the service contracts we have to buy is to pay back the cost of the "free" cell phone they supply. I

What free phones? I've gotten them for half price and that's it. Oh, and note the plural: here in hot, humid Florida thjes eohones just don't last. They die after barely a year, sometimes. Then you have buy a new one, and beg for a rebate (invariably you are told you are at fault for the phone dying, even if you treated the damn thing like delicate Wedgewood china), and then sign another three year contract.
At a minimum the phones, when purchased, should be guaranteed for the life of the contract, no questions asked.

I love how TPM Cafe is the repository for all the pet issues of every minor pundit in this country.

Can we talk about something important yet?


so just who are the major pundits? I was watching Wolf Blitzer's attempts at convincing Americans that abortion would be a major issue in the upcoming elections, even though only 35% of the country, using his numbers, thought that they cared about the issue.

I think the wireless issue IS a big issue because for America to be competitive, we need to keep growing the capabilities of the wireless networks.

To boldly goe...

Every single friend and colleague that I have owns a cell phone, most don't have landlines and most have a second wireless device.

The communications infrastructure of the US is a pretty broad topic, I think.

As is consumer advocacy.

Just gotta disagree with you on this one, Reece.

thosethingswesay.blogspot.com

Whoops, I owe you an apology, Reece. 8 comments in 2 days. Not the groundswell of interest that I had anticipated.

thosethingswesay.blogspot.com

Perhaps more to the point of national interest, rather than just the convenience of individual users, is that oligopolistic control of a technology, which does not demand a complete technical monopoly has overall economic impacts. There is a significant precedent that frequency allocations for cellular telephony were auctioned, while broadcast radio and telephony allocations are grandfathered -- although those grandfathered allocations can be sold at great price, as part of a station license. Before complaining about too little news diversity, think carefully about the oligopoly and bars to entry into those markets.

Unquestionably, telecommunications regulation is complex. It bears directly on the digital divide. It bears directly on "lifeline" services in remote areas, and the purposes of the Universal Service Fund. It includes the question of why existing subscribers pay user fees to support 911 services, when the latter are seen as a public good. It impacts technical approaches that could lower the cost of healthcare delivery.

But it is complex--at least as complex as the I-P situation. Guess it isn't as sexy.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Tim Wu, professor of law at Columbia, has a very nice essay on this issue:

Cellular Carterfone

Wireless companies routinely cripple your phones, and deny you services that could be readily available.

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