FCC member berates Verizon for termination fees
An FCC commissioner has sent an open letter to Verizon Wireless, scolding the carrier for its new early termination fees.
Mignon Clyburn,
FCC commissioner
Mignon Clyburn, one of five members of the Federal Communications Commission, was responding to the defense that Verizon sent the FCC last week about early termination fees, or EFTs.
"The company's answers...are unsatisfying and, in some cases, troubling. In particular, I am concerned about what appears to be a shifting and tenuous rationale for ETFs," she said in a statement (PDF) released Wednesday by the FCC. "No longer is the claim that ETFs are tied solely to the true cost of the wireless device; rather, they are now also used to foot the bill for 'advertising costs, commissions for sales personnel, and store costs.'"
Verizon's early termination fees recently climbed from $175 to $350 for smartphones and other "advanced devices." In early December, the FCC asked Verizon to explain itself.
Among its defenses, Verizon asserted that the fees enable the company to sell phones at lower upfront prices and to reduce losses if customers break their contracts early. The carrier also noted that it prorates the fees and that the additional revenue helps keep its broadband network strong.
Clyburn asserted that consumers already pay hefty amounts to carriers. "So when they are assessed excessive penalties, especially when they are near the end of their contract term, it is hard for me to believe that the public interest is being well served," she said.
"I am also alarmed by the fact that many consumers have been charged phantom fees for inadvertently pressing a key on their phones thereby launching Verizon Wireless's mobile Internet service. The company asserted in its response...that it 'does not charge users when the browser is launched,' but recent press reports and consumer complaints strongly suggest otherwise."
A Verizon representative told Bloomberg that the company will "take a good hard look at her concerns and address them in an appropriate fashion."
Natalie Weinstein is an associate editor who works out of Austin, Texas. She spent a decade as a reporter and editor in the newspaper industry before joining the CNET News staff in 2000. E-mail Natalie. 





Now, if they would PRO-RATE the termination fees.... THEN it would be okay for Verizon to have them, but they aren't doing that and are protesting doing that.
If you feel that way then you should not pay road tax or school tax or any tax right? Your personal and property safeties are your own business so government should butt out, right? You do not need 911 for police or fire nor air bags nor anti-lock brakes nor good highway signs nor anything you cannot do yourself, right?
It is extremely childish at best and completely ignorant and illogical at worst.
I'm siding on the government's side on this one, thank you very much, I've been screwed over too many times by the tellcoms to believe in a fantasy that they can adequately self-regulate themselves.
But Verizon is doing nothing wrong here, they are adjusting the termination fee merely to avoid taking a loss on todays $500 to $600 smart phones.
Lets say all big 4 cellphone companies (ATT, Verizon, sprint, T-mobile) enforce $350 as ETF then where would you go for wireless connect. Are you gonna build one at your home? This is ridiculous that people think like that. I understand that government should not interfere too much but sometimes it is necessary. None of the wireless companies are putting money in the wireless technology. Look at Japan and China, they have far better network then ours and the wireless is cheaper too.
Ho-ho-ho...
More fundamental to the equation of cancellation fees is the underlying nature of the contract, which is a purchase finance of the portable device. I believe that basing cancellation on payoff of the hardware involved, and a lower price.
Once hardware and service are clearly defined, the consumer can fit the provider's coverage map and data plan to the device (hint: 4G as WIMAX) and then pay for or finance the NetTop or dongle of their choice.
I'm very willing to wager that the ETF isn't given any sort of prominence or notice at the stores...
Now, the even bigger issue why the crazy high ETF's shouldn't be allowed is because its clearly in place to prevent customers from defecting when the phone company doesn't hold up their end of the bargain. It's not as easy as just don't sign with the company because the coverage and reliability of the networks are not there for any network other than Verizon...SO, how is this fair to the customer as there is NO other reliable choice?
...or did you think that the carriers paid full retail prices for handsets?
Verizon is the only service that works where I live. So I really didn't have several options.
FWIW to those who are evoking the Republican party line. Last I heard interstate commerce regulation was an original purpose of the constitution. So "sticking their noses" in commerce is actually WHAT the government is SUPPOSED to do.
Oh, I'm very sure they pull in a tidy profit before the first year as well. ;)
Just because the federal government has the power to regulate interstate commerce does not mean it has to or should in most cases. The purpose of that clause is to not let one state restrict or obstruct trade with another state. The corrupt SCOTUS of the 30s bastardized that clause to let the federal government be involved in anything, regardless if it is interstate or intrastate commerce.
As an ex employee of a wireless company I can say that for an average phone and an average voice plan...it takes them about 13 months to break even before making a profit on that particular person. This includes the subsidized cost of the phone, advertising, and start up costs. With a more expensive smart phone...granted the plan costs are a little higher but so is the subsidized loss so I would figure it would take them about the same time to break even.
Or, it affects you when you discover a problem, and that customer service doesn't hold up to your expectations (or worse), in which case you either shut up and take it like a good little consumer, or you pay a big, fat ETF.
Or, you discover there's a hellishly better phone (of any brand) on another carrier (or yours fails to live up to expectations), but you're stuck with using yours for the next couple of years, period. Otherwise, you either pay a big ETF, or get your contract 'extended' by a couple more years if you try to upgrade to it in your current plan.
But I figure they want to maintain the marketing illusion than the phone really cost $200. They want to hide it from people that the service plan actually pays for the hardware.
OTOH, they can change the terms, and you only have a limited period of time (90 days max?) to do something about it. Problem is, they don't really go out of their way to inform you of any changes, and you usually find out about them long after it's too late (unless you watch every scrap of your bill and the company's website like a hawk, which most folks obviously do not).
The BlackBerry Curve 83xx-series is sold by all major carriers. Why is it that Verizon "must" have twice the ETF as AT&T or T-Mobile when they all sell the phone at basically the same price point?
As far as their network is concerned, it is SUBSTANTIALLY less-expensive to deploy a CDMA network like Verizon's than their main GSM competitors, anyway.
Here's what it ACTUALLY is. I hear it day-in and day-out from people in my store every day. Verizon is expensive. Stupid expensive. Every month. If they didn't charge an ETF higher than what anyone would pay, they are guaranteed a huge cash flow in every month that can pay for their upcoming LTE conversion to give them a "real" 3G network in years ahead.
Thats funny considering I just did a quick speed test on my Verizon CDMA phone and came back with 7.4 mbit so you might to try to get some better info before you try and make a point.
Verizon themselves says on their web page about the real world speeds to expect.
"typical speeds of 600 to 1.4Mbps."
I think you are getting confused between Mbit and Mbyte
This is a legal contract a ETF is a cheaper way if you think about it because considering you signed a contract stating that you agree to be a subscriber for 2 years they could turn around and take you to court and force you to either continue your service or make you pay for the rest of the months.
What use of bandwidth? It's just packet data. At least, with GSM, you can do packet data and voice services simultaneously. Why would you have a PHONE that can do email, social networking, and GPS nav on a network that can't do email, social networking, and GPS nav when you're using the PHONE? That's what I was referring to.
And, nobody loses money. A $200 ETF that pro-rates down takes care of that. The question is why, all of a sudden, does ONE network need twice the ETF to cover costs on what is, for all intents and purposes, the EXACT same device?
T-Mobile customer buys a BB 8320 and breaks contract after one year in a two-year agreement...
Phone: $75
ETF: $100
TOTAL: $175
AT&T customer buys a BB 8310 and breaks contract after one year...
Phone: $75
ETF: $125
TOTAL: $200
VZW customer buys a BB 8330 and breaks contract after one year...
Phone: $130
ETF: $175
TOTAL: $305
Now, what exactly cost Verizon $130 that wasn't the case with T-Mobile?
ditto 60Ghz for public.
Remember that AT&T was a pioneer WI-FI hotspot provider. They understand that their Competition is GOOGLE.
OTOH, that difference would have to be very dramatic.
say the phone w/plan is $200
monthly service is about $90x6 months (mostly margin)
and Verizons EFT $350
and you get Total:$1090
thats $490 MORE than the phone.
You cant say "but the network it needs upgrades!" as that is a "sunk cost" and costs them the same for 2 users as 2,000
and no we are not there only source of revenue (cash flow)
Also lets say you quit the first week. $200 for the phone, $350 for the ETF and $90 for the monthly rate. That's $640. Includes a week of service. And they pay $450 for the phone, so that's $190 to verizon after the cost of the phone, including a small part paying for their network infrastructure. It seems entirely reasonable to me.
With the original ETF, they'd only just be covering their costs or perhaps losing money in this scenario.
The consumer has been enticed with a very low cost to have an expensive device. I think the main problem is that the carriers just need to be more up front about the early termination fees. If they are at fault for anything it is not always being completely clear with what they are having you sign up for -- and of course, this is where free markets have a tendency to fail.
However I just think that Verizon broke the ice on this first, since they are now the #1 network in the USA they're in a position to do things that the others can't, for marketshare reasons. If it flies for Verizon, I'd bet the rest of the carriers would follow.
However when it comes to the "pro-rating" - look at the fine print. The formula used by Verizon and most of the other carriers is not a simple linear pro-rating over the life of the contract. You still end up with a large fee even if you are right near the end of the contract. The FCC is aware of this and included these concerns in their original complaint over Verizon's new ETF.
I think this FCC commissioner is right to bring up these issues. There have been a lot of vendor practices that got out of hand during the previous adminstration's "never found a corporate practice we didn't like" regulatory vacuum.
There will be virtually no backlash by consumers for these types of changes.
Furthermore, you can't have horrible, angry complaining about Verizon, on the backend, amount to anything either. All the carriers have terrible customer service, and are basically bullies.
I've listened to the complaints about cell phone providers.... the only thing I can conclude, is they are all equally bad, and never to sign a contract with any of them.
These FTC commissioners might as well do something. If Verizon doesn't like it, they need to sell used cars, because the public airwaves are under regulatory oversight....they must use those airwaves for the public good.
Here is my question.... If we paid the full price4 for the phone how much should your monthly bill be?
Remember that right now you are paying about one to three hundred dollars on a phone that full retail is 3 to 6 hundred dollars....
It remains the same. Asked ATT if they offer cheaper plan if I buy my own phone. anser is "No" If I have my own phone then I have to pay same for monthly plans or go for GO plans. In Asia/Europe, the new plans are based on per second usage instead of a minute and they also get better phones than us. We are getting ripped off by big 4. I think FCC should allow more competition by opening up the market and allowing companies from other countries.
But the early termination fee is entirely fair.
That answers your question
They are sneaky, SNEAKY people. Don't trust them. [sarcasm] Also, they make lots of money, and are therefore bad guys.[/sarcasm]
- by 6arebetterthen1 December 26, 2009 3:19 PM PST
- The FCC Commissioner is another example of Obamanation and his Thug politics.
- Like this Reply to this comment
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- by rdupuy11 December 27, 2009 7:58 PM PST
- The problem is, the private sector is not working.
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Showing 1 of 2 pages (92 Comments)LEAVE THE PRIVATE SECTOR ALONE!!!
I was a huge fan of Ayn Rand and laisse faire politics. In fact, it doesn't have to be past tense, I still like the ideals.
But the vision Ayn Rand had, was that the private sector would work. It's just not working anymore. Verizon managers aren't sitting around in meetings, wondering what the public backlash might be for raising ETF fee's.
There just isn't any backlash. Supply and Demand doesn't really work in the Cell business.
You can increase demand with a hot phone -- no doubt the iPhone helped AT & T. But competing on service? Competing on accurate billing? Competing on clear contract terms? Competing on ETF fees?
We just don't have informed consumers.
The customer is always right? Noone believes that anymore... the customer is worthless and weak, and to be despised... I am so glad that an earlier commenter who worked for Cricket made his viewpoint clear.... he despised his own customers.
If the private sector worked, it could be left alone. It doesn't work anymore.