Cellphone Users Get the Big Tease from the FCC
Raising expectations and then dashing them is a unique form of anti-social behavior. The "big tease" can take many forms, in many social or business settings.
It is singularly inappropriate when a government agency does it by promising relief from a restrictive policy and then, at the last minute, backing away.
That's what the FCC did to the cellphone-using public.
Who knew the Federal Communications Commission (FCC) was getting ready to lead a revolution? Late last week, the Commission came out with its 352-page decision on the 700 MHz auction -- the spectrum broadcasters are supposed to return in 2009 when over-the-air TV goes all-digital.
That’s not bad considering the complexity of the subject, and the fact that most of the paper is taken up by summarizing, and then answering, the major arguments submitted in mounds and mounds of comments.
Buried within the order is some of the strongest language the FCC has ever uttered against a telephone company – even a wireless company. The FCC has on occasion had some harsh language for cable, but the telephone companies have been relatively sacrosanct.
In its discussion of the one pro-consumer part of its decision, the Commission wrote: “Although wireless broadband services have great promise, we have become increasingly concerned that certain practices in the wireless industry may constrain consumer access to wireless broadband networks and limit the services and functionalities provided to consumers by these networks.”
That’s quite the revelation from an FCC that generally tries to be helpful to the industry when it can. What exactly are the commissioners concerned about? It seems that equipment manufacturers, acting at the direction of the carriers, “disable certain capabilities” in their phones, like Wi-Fi connectivity without “appropriate justification” without telling their customers.
That’s a valid concern, but in the scheme of things, somewhat minor contrasted with the overall situation consumers face. There’s nothing in the order about the inability of cellphone subscribers to take the phones they have purchased from one service to another – just that the phones are hobbled – without consumers even knowing it.
Unfortunately, it was all a tease. Having at least sort-of recognized the problem, the Commission then backs off from doing anything major about it in any meaningful way.
Rather than ordering that all of the spectrum up for auction, about 60 MHz, be subject to the consumer-friendly conditions for flexible phones, the FCC only said that about one-third had to be. Their rationale was that: “We cannot rule out the possibility that such a requirement may have unanticipated drawbacks as well.” Unfortunately, the Commission doesn’t give any examples of what those drawbacks might be, or discuss whether any potential problems could be dealt with through the private-sector standard-setting bodies. Those would be the same standard-setting bodies that the Commission praises for its “rich history” and ability to use industry experts.
Instead of requiring all of the spectrum to be consumer-friendly, the FCC wants the marketplace to sort it out. That would be the same marketplace that, as the FCC said, has hobbled phones so far.
PC Magazine has a fascinating examination of how Verizon, AT&T, Sprint and Alltel configure the same phone, in this case Motorola’s RAZR2. Reporter Sascha Segan’s concludes that his tests show “exactly what's wrong with the US market.”
According to the article: “The RAZR2 platform is capable of running a variety of Web browsers, e-mail platforms, and, with the right APIs, throwing live video onto the external screen. Messaging software developers and video programmers should be able to compete and outdo each other at using that gorgeous external screen. That would be a truly competitive market, unleashing the hunger of hundreds of developers. Instead, we're stuck with the mediocre choices picked by our carrier overlords for us—and if you want something different, no soup for you!”
The half-steps the Commission took for phone equipment are disappointing by themselves, but are even more so in the larger context of what the FCC didn’t do. By its own words, the FCC did not use the opportunity of the new spectrum to start from scratch and redefine the wireless world.
The Commission apparently has no intention of creating new competition. It has no apparent interest in aiding the 250 million or so existing cellphone customers whose problems the FCC recognizes but declines to solve, as Skype asked the Commission to solve them many months ago by declaring that consumers had the right to use their own phones on any wireless service. Instead, the FCC was content to tease us with enchanting possibilities, and then give in to timidity.













ATT et al own the FCC such that it regulates according to the desires of these conglomerates not the citizens/consumers. We would be better off with no FCC enforcing the monopolization of the public broadcast spectrum.
August 15, 2007 2:53 PM | Reply | Permalink
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DATE: 08/15/2007 02:53:42 PM
August 15, 2007 2:53 PM | Reply | Permalink
The PCMAG link in the article didn't work for me. This one did http://www.pcmag.com/article2/0,1895,2170266,00.asp
If you really want to go deeper on this, I recommend starting with this http://www.dslreports.com/shownews/700Mhz-Devil-In-the-Details-86657
August 15, 2007 5:40 PM | Reply | Permalink
The F (eckless) C (ommunications) C (ommission)
is the worst thing presiding over the system that was once the envy of the world.
So called "third-world" countries have better systems in place, where consumers can buy the phone of their choice and sim cards to connect wherever they go.
It's not only shameful and anti-competitive, it illustrates how corrupt our communications system really is.
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
August 15, 2007 7:30 PM | Reply | Permalink
Probably nothing to do with this new FCC decision but I'm finding that a tin-foil hat is becoming a more and more prominent fashion accessory in my wardrobe, the mre I learn about the machinations of our current govt...
So, yesterday, I get a phone call (on landline, yet! Probably because my cell is off unless I want to call out ) from a representative of my cell-phone provider (Verizon). Am I happy with my plan? Yes. How many minutes do I use (of my 450)? About a 100; I use the phone mostly when travelling (seldom) and for long distance calls. Hum.
Am I happy with my phone? Yes. Do I know that, if I renewed my contract (it expired 4 months ago), I could get $100 off a new phone? Yes, I do. Aren't I interested? Nope; I will not get locked into another 2-yr contract, with all its penalties, if I don't have to; I could die and my husband would have to pay the penalties for breaking the contract. Hum.
So then he ratchets the pressure a tad and tries a veiled threat: "I'd hate for you to lose money, if the cost of the old plan you're using went up" "If the per-month cost goes up significantly, I'll just switch providers. That's a good reason *not* to renew my contract unless absolutely necessary, don't you think?"
A moment of silence and a slight backpedal: "Well, I don't expect the prices are likely to go up any time soon (my inner alarm says "are they likely to go down? Is that why he's calling?), but you might be more comfortable locking into the current price." Nope, not me.
At that point he gave up -- obviously there's no buck to be made off that foreign FM K9 -- we said polite goodbyes and disconnected.
But. 45 minutes later, I'm in a grocery store and want to ask my husand a question about something he'd requested. And I don't get a signal. I've called, from the same store -- and even the same spot in the store -- many times before, without a single problem; suddenly, I have no connectivity?
Once I got back home and turned the phone on again the signal was there, as usual. But that moment of tin-foil panic -- the guy's taking revenge for my rebuff -- I lay at the door of the current malAdministration and I'll never forgive them for it. "Back in USSR, see how lucky you are" is a nice song but, after growing up in Poland I'm not altogether amused by it.
August 15, 2007 10:21 PM | Reply | Permalink