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August 21, 2009 10:37 AM PDT

FCC takes a closer look at wireless industry

by Marguerite Reardon
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The Federal Communications Commission plans to look more closely at the wireless industry as it scrutinizes everything from the industry's billing practices to the state of innovation and competition in the market.

The commission, headed up by newly appointed chairman Julius Genachowski, on August 27 will open up two "notice of inquiries" to look at some of these issues. The agency announced its plans Thursday when it published the agenda for its August open meeting.

Specifically, the first inquiry will look at the state of competition and innovation in the wireless market. And another inquiry will examine the need for revisions to the truth-in-billing rules to ensure subscribers know what they are paying for when they look at their monthly itemized cell phone bills.

Chris Guttman-McCabe, vice president of regulatory affairs for CTIA, the organization which represents the big wireless operators in the U.S., said he welcomes the discussion on these issues. And he said his group is taking the FCC's inquiries as an opportunity to educate policy makers and the public about advancements in the wireless industry.

"There is a misimpression out there that the U.S. lags behind in wireless," he said. "And that's simply not true."

Indeed, five years ago it would be easy to say that the U.S. was much further behind in terms of technology and services than countries in Europe or Asia. But over the past couple of years the market has changed, and the U.S. is actually leading the world in terms of innovation. Guttman-McCabe points to the smartphone phenomenon and advancements in wireless broadband services as examples.

The iPhone, which many experts believe was a major step forward in terms of design and functionality for a mobile phone, was created in the U.S. It was also offered to wireless subscribers in the U.S. before anywhere else in the world. The same is true of other innovative phones. For example, the first device to use Google's Android operating system debuted first in the U.S.

What's more, the next generation of wireless broadband service is being led by wireless operators in the U.S., who are starting to deploy the world's first mobile LTE and WiMax networks. He also pointed out that U.S. cell phone subscribers use more 3G data services than any other subscribers throughout the world. And even though Americans may pay more per month for cell phone service, they actually use more voice minutes and services than their counterparts in other countries, which means on a per-minute basis, they actually pay far less than cell phone users in other parts of the world, he said.

Guttman-McCabe said the CTIA is also looking forward to providing information to the FCC about its "truth in billing" inquiry. He said the CTIA's biggest concern on this front is the fact that cell phone operators are being asked to be "tax collectors." He said that there are many charges on cell phone bills that the government has imposed that are essentially a tax. And he said in some instances those fees are not being applied appropriately. For example, he claims that much of the money collected for 911 emergency service is not used by some states to improve or maintain 911 services, but is instead used to fill funding gaps in other parts of the government.

At this point, it's not clear what the FCC plans to do as a result of its inquiries. But it is clear that this FCC is interested in gathering data to make decisions on policy, something Guttman-McCabe said is a welcome change from the previous FCC under then-Chairman Kevin Martin.

Guttman-McCabe said there were several decisions made by the FCC that had no data or information to back it up. One such decision involved a requirement imposed by the FCC that all wireless operators have at least eight hours of battery backup at their cell sites throughout the country.

The CTIA fought this requirement in court, arguing that it was too expensive and counterproductive when wireless operators were already using mobile generators that could be moved from location to location based on need. The wireless industry won its fight and a federal appeals court granted a stay while it continues to review whether the FCC should have imposed such a rule.

"The FCC chairman has suggested that across all industries he wants the agency to make decisions based on analytical data," he said. "That is good news for us, because based on the facts, we have a good story to tell. And this will help us dispel some of the misinformation that it is out there about the market."

But it may not be all smooth-sailing for the wireless industry as the FCC takes a closer look at some of the industry's practices. FCC Chairman Genachowski has already said that he plans to look more closely at the exclusive handset arrangements that have long been a common practice in the wireless market. The FCC questions whether exclusive deals, such as the one between AT&T and Apple to offer the iPhone, are actually hurting competition and consumer choice.

Another issue that is coming to a head right now has to do with network openness. AT&T and Apple have been criticized for rejecting a voice application for the iPhone App Store from Google called Google Voice. This application allows users to choose a phone number that if called will ring on multiple phones. It also offers other services, such as low-cost international calling and free text messaging.

The FCC asked the companies for more information about why the Google application was rejected from the App Store. The initial comments are due on Friday.

Guttman-McCabe said the CTIA is not overly concerned with these issues.

"It's good for the industry to be discussing these issues," he said. "But things are evolving so rapidly. The issues that were of concern a few years ago no longer exist today. And as long as the commission is looking at the facts, we think that will benefit the industry and consumers."

Marguerite Reardon has been a CNET News reporter since 2004, covering cell phone services, broadband, citywide Wi-Fi, the Net neutrality debate, as well as the ongoing consolidation of the phone companies. E-mail Maggie.
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by EvanSei August 21, 2009 11:06 AM PDT
I am waiting for the wireless companies to get in trouble, you all know it's going to happen (unless the wireless companies pay off the fcc)
Reply to this comment
by forever4now August 23, 2009 10:43 AM PDT
The FCC needs to fully address the issue of equal access for applications & services on wireless networks, once & for all.

"Wired" broadband service providers do not:
1. restrict what software you can install on your PC.
2. restrict what data you can send/receive over your broadband connection.

Why are "wireless" broadband service providers allowed to do this?
by clynx August 23, 2009 10:53 AM PDT
Data caps = censorship. We need net neutrality now.
by orbitas August 21, 2009 11:29 AM PDT
CTIA stooge: ""There is a misimpression out there that the U.S. lags behind in wireless," he said. "And that's simply not true."

Not true? Then why do civilized countries,such as Nigeria, have access to 2 mb/s upload speeds and US subscribers are lucky to get 200 kilobits?
Reply to this comment
by monkeyfun14 August 21, 2009 11:48 AM PDT
Have a source?
by limaxray August 21, 2009 11:49 AM PDT
Because in places like Nigeria there are very few people using the very limited wireless spectrum making it cheap and easy to deploy fast wireless networks. In the US, where just about everyone has a 3G capable handset, the limits of the available spectrum becomes much more apparent. Making a fast network is easy and the technology has been there for years - making a network that remains reliable as the number of users increases is the real challenge.
by orbitas August 21, 2009 6:58 PM PDT
Excuse me. My citing Nigeria is (a) sarcasm... just the funniest example at hand.,. and (b) fact. (You can take me on "civilized" -- I've not having first hand experience on the ground and won't argue this characterization.)

Many countries -- Finland, Spain, some Baltic states, Italy, Israel, Japan, Singapore... and Nigeria (to name a few) have fully deployed HSUPA systems. Unlike US carriers they OPERATE THEM as such. The HSUPA spec allows 5.7 Mb/s upstream and 14.4 Mb/s downstream speeds, although some carriers,cap the speed at 3.6 - 7.2Mb/s.

No US carrier offers upstream speeds effectively higher than 200 kb/s;
downstream speeds can be all over the place - as high as megabit at noon (don'tcount on it!), and, typically, down to 100 kb/s at 5PM, as a matter of load.

To the gentleman who comments that "Nigeria's" mobile bandwidths are thank to sparse spectrum use... sorry, sir - it's hardly a spectral issue. Real 3G speeds are in the air\ there because (a) as infrastructure, the carriers run more than a single T1 to their towers, and (b) the repeaters are set to run full out to the 3G standard.

That Mr. Guttman-McCabe, this CTIA regulator spokesman, has the audacity to suggest that the US is anywhere near the world standard is outrageous double talk. He might well boast about the strengths of US banks.

Source? Get a passport and a ticket and... a grip on what the rest world is doing. ("Yes,we have indoor toilets and hot and cold running water.") Google "HSUPA" and "GSM" yourself.

Not just, uh, Nigeria...
by sythara August 21, 2009 9:06 PM PDT
This is how all the royalty from Nigeria can send so many emails asking for your help
by Renegade Knight August 23, 2009 6:52 PM PDT
Even if it's true and we have the greatest wireless companies and service in the world, it's a failure on the carriers part that we consumers just don't see it. Personally I think we lag the world in easy to use plans and easy to buy free market phones.
by C0mmanderB0nd August 21, 2009 11:59 AM PDT
So does this mean they are going to have to justify why a txt message costs 10 cents.....?

Good luck with that wireless carriers!!!
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by monkeyfun14 August 21, 2009 12:57 PM PDT
Why not just get an unlimited texting plan?
by Been_there_Saw_it_before August 21, 2009 1:23 PM PDT
They complain about lack of bandwidth while text messaging is essentially free, biggybacking on the handshaking already going on between your handset and the cell site.

They actually ought to encourage text messaging instead of voice, reducing voice usage would be a good way to save bandwidth.
by badasscat August 21, 2009 6:12 PM PDT
And why should you have to get an unlimited text messaging plan if you already have an unlimited data plan? It makes no friggin' sense. It's just gouging.
by brettotte1 August 21, 2009 9:50 PM PDT
Because sms is outsourced to another 3rd party company. You get a price break for buying in bulk. 250 sms for $5 is wrong? That's 2c/sms. That's cheap!
by Player_3 August 22, 2009 7:29 PM PDT
"Because sms is outsourced to another 3rd party company. You get a price break for buying in bulk. 250 sms for $5 is wrong? That's 2c/sms. That's cheap!"

Not if you look at the actual size of an SMS versus what they are charging. Let's run the numbers starting with the $5 for 250 messages so we have a solid baseline and then the $30 a month for a 5GB capped data plan.

SMS messages are usually around 140 characters long. As is this equals 140 bytes. So at 5/250 you're paying roughly 2 cents to send 140 bytes of info.

Let's figure out the same amount transfered for 2 pennies under the 5GB capped $30 data plan. 1GB = 1024MB = 1048576KB = 1073741824 Bytes. Multiplied by 5 is 5368709120 Bytes of data per month. At 5368709120/$30/100 and then muliplied by 2, the same 2 pennies is getting you roughly 3579139 Bytes of data transmission.

It just seems a little lopsided when you look at the numbers. I am a little suprised to find that they're paying a third party vendor to do this. Honestly, transferring such small amounts of data through a third party vendor seems to be obsolete for a function that could be controlled by the carrier and transmitted over the internet. It'd probably be a lot cheapier for both the carrier and the consumer.
by Poshie232 September 15, 2009 6:11 AM PDT
I agree that unlimited prepaid option are the answer, I doubt the FCC will find fault with them. I have a Straight Talk phone with unlimited anytime talk, text and 30mb of data for $45/month. It runs on Verizon's network which is great because it's nationwide.
by hghrpwrd August 21, 2009 12:08 PM PDT
I want to know when they are going to look into the T-mobile scam with the Sidekicks. I had the Sidekick 2 & when the Sk 3 came out, my phone stopped working...wouldnt turn on OR off! So, I decided to get the SK3 and I had that for about a year, and ONE month after the 2008 SK came out, the SK3 stopped working (same thing wouldnt turn on or off). I ended up getting a 2008 SK. I know, I'm doing the same thing over & over expecting different results!!! INSANITY! the reason? If I cancel my tmobile membership its $400! So, instead of wanting to pay $400 for nothing...I buy a new phone with it, only to have to deal with the same thing in a year...I'm just waiting for something to happen to this phone, cuz I KNOW it will! I've seen the same complaints on the web, I hope they can do something about this!
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by monkeyfun14 August 21, 2009 12:58 PM PDT
Conspiracy conspiracy but considering no one else complained about it I doubt they are doing it..
by hghrpwrd August 21, 2009 3:02 PM PDT
let me repeat myself: " I've seen the same complaints on the web, I hope they can do something about this!"
If the same thing happened to you, would you feel like it was just coinsidence? Would you like to be called a conspiracy theorist? I don't put ANYTHING past big companies, although your probably a republican...or MAYBE you work for TMobile..lol
by red_foxx15 August 23, 2009 10:49 AM PDT
Seriously, if your having problems with the sidekick, why go get another sidekick. You can just as easily swap to any other smart phone t-mobile offers without violating your contract.
by jjbenning August 21, 2009 12:16 PM PDT
"And even though Americans may pay more per month for cell phone service, they actually use more voice minutes and services than their counterparts in other countries, which means on a per-minute basis, they actually pay far less than cell phone users in other parts of the world, he said."

This statement is meaningless - and untrue for most countries, where the per minute cost is far less than here. If you look at the prepaid model - which most mobile subscribers in other parts of the world use - the per minute cost is much less; the reason being most phones that you buy outside the US for prepaid use are unlocked. If you want a new mobile, more than likely you will have to pay the full retail price for it.
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by brettotte1 August 21, 2009 9:48 PM PDT
get your facts or it didn't happen. how can you blindly say prepaid per minute cost is less w/o backing it up? i've had a virgin mobile prepaid phone for 7 years here. i pay $5/mo. i also never use it except for emergencies. i have family members who've only had a prepaid for $100/yr on a refill card too from ATT & VZW and Alltel and they all have similar options. Charge it with $100 and pay the per min rate of X. Once X is depleted you must charge it again. Pretty good for a little used phone.

Oh no the Telcos charge $40 for 400-500 minutes/mo. Roughly 10 cents or less. Is this worse than your landline? It's what I pay for my long distance. There are plans less than that as well, but that's if you use your minutes and you're not including often-used free #'s to your faves, etc or nights and weekends or mobile2mobile! Use 500 m2m and suddenly avg cost per min has dropped to 5c/min! Yeah, that is so wrong.
by jjbenning September 14, 2009 11:39 PM PDT
Hey brettotte1, try reading what I wrote before commenting on it. I was referring to prepaid phones in other countries, NOT the USA.
by beasleybiz72 August 21, 2009 12:21 PM PDT
My Soapbox with the wireless industry has always been text messages. Until they implement a way to reject SMS and MMS all incoming messages should have to be free. You cannot control when you are sent a text, unlike an incoming call. If you are receiving a call and know you are over your plan you have the ability to reject the call, sending it to voicemail to check later. You do not at this time have that ability with a text. I have seen many accounts with huge overages due to texting which COULD have been prevented with either free incoming, or the ability to reject the message.
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by brettotte1 August 21, 2009 9:38 PM PDT
VZW already has this. Just add the feature to your account. Plenty of parents call in for this all the time as well as blocking all outgoing calls or incoming due to their teens being lil aholes. You can also add selective blocks on my vzw too such as rejected all spam from the web and up to 20 #'s online as well from those ppl who text everyone all day long.
by Player_3 August 21, 2009 2:05 PM PDT
It's about time they got around to this. I've got some huge gripes about the industry and hope they get resolved. My big ones are:

-2 Year Contracts w/ Cancellation Fees -- Explain to me how exactly this is competitive? If I'm getting crap service and want to get better service from someone else, I shouldn't be getting penalized for it.

-Text Messaging -- Don't even bother lying about this. We all know it doesn't cost hardly anything to send a text and the current rates that are charged make texting the most expensive data per byte to send in the world.

-Phone exclusivity and subsidies -- Let's be honest... The only group benefitting from phone exclusivity is the carriers. It's simply not a fair practice.
And phone subsidies shouldn't even exist quite frankly. You -- the manufacturer -- can't honestly expect me to believe that cheap plastic, no features phone based on decade old tech is worth $50-100. It seems like it's that way across the entire spectrum of phones. If people knew what it actually cost to produce these things, they'd be disgusted. I've got no problem with profit, but lets be reasonable about it.
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by monkeyfun14 August 21, 2009 2:30 PM PDT
Well a contract is a contract my friend. If you could simply walk out of them then why would we have contracts?

The cancellation fee is to get money for the subsidized phone they gave you.

And phone manufacturers can charge whatever they want you don't have to buy their phone you know.
by sythara August 21, 2009 9:08 PM PDT
Its called free market. You don't have to have it if you don't want to. Buy a pre-paid phone if you're unhappy.

Free market is not having the market geared towards you.
by brettotte1 August 21, 2009 9:43 PM PDT
You're never forced to get a contract. Just say you demand to pay full price for the phone OR buy a used phone from someone and get a plan. No contract since you brought your own phone. You won't have a 1 year warranty of course and cannot buy insurance, but no contract.

Texting DOES cost money. There are text companies out there which are paid for their service. Is it 20 cents per message? No. Is it $5 for 250 messages? No. Is it wrong to profit in this country? Apparenty charging for a service people want is wrong nowadays. If you have 5 lines on a family plan and unlimited sms for $30 is that wrong? Or is it a good value?

I love how you seem to think that because phone service costs BILLIONS PER YEAR in just infrastructure cost that you pay for you think profit should also be limited because you just don't like it. Well I think that whatever you do for a living charges me TOO MUCH too, so lower your rate by 25% from now on.
by Player_3 August 22, 2009 6:41 PM PDT
"I love how you seem to think that because phone service costs BILLIONS PER YEAR in just infrastructure cost that you pay for you think profit should also be limited because you just don't like it. Well I think that whatever you do for a living charges me TOO MUCH too, so lower your rate by 25% from now on."

You're right, the industry I work in is charging too much. It's called health care, and I'm working my damnest to help make it more cost friendly. There's a difference between making a profit and raking someone over the coals.
by lvl2gr August 23, 2009 8:46 AM PDT
brettotte1 said "You're never forced to get a contract. Just say you demand to pay full price for the phone OR buy a used phone from someone and get a plan."

Really? I visited Sprints website and chatted with them. I asked them how I could get plan without contract. their response: "You need to have a 2 yr contract to take any sprint services". I asked how about if I pay full price for the phone or use my own phone? sprint response: "...it is mandatory to have two year contract with any sprint services". If the other carriers have similar policy, that could be considered collusion and anti-competitive.
by lvl2gr August 23, 2009 9:56 AM PDT
monkeyfun14 said:

---"Well a contract is a contract my friend. If you could simply walk out of them then why would we have contracts?"

Yes contracts should be binding. That's why the carriers want to force consumers into them. I can't wait til our utility company adopts this policy. yeah! wouldn't it be cool your utility co could require 2yr contract, but hey at least you'd get the coolest light bulbs for $10 instead of $25. That $15 more than makes up for being locked in a 2yr contract with a $200 penalty. Of course those light bulbs would NORMALLY cost $300 - yeah right. Oh and sorry, but you cant use those light bulbs anywhere else.

And he's (and millions others) NOT asking to be allowed to 'walk out' of a contract- he asking not to be FORCED into one. Contracts are like anything else, there are good ones, and there are bad ones.

---"The cancellation fee is to get money for the subsidized phone they gave you"

So why does the contract period start over with a new 2yrs of $200 termination fee hanging over us when we make ANY change to the plan. Wow! Did we just get a new phone? Did my old phone magically morph into a iphone? Oh that's right to get an iphone, i would have to pay current carrier $200 penalty, and then be forced into another ridiculous contract with another carrier. How is that competition?

Thank goodness our new gov is looking into this.

'My friend', you and the wireless carriers need to understand that: 'There's a new sheriff in town'.
by Renegade Knight August 23, 2009 6:51 PM PDT
@ sythara

Ah, but the free market is all about un consumers finding the company in the market gearted towards us. Better to tell them what we wan't so they can actully try to sell it to us.
by Shane39199 August 21, 2009 3:43 PM PDT
wrong wrong wrong. Cnet has posted many articles about how china and them have 10x faster internet...and they do.test ur net speeds on any site and compare it to the world and china is deff about 10-11x more bandwidth than any1 else in the world.

as for our phones....ummm they do make the iphone in china if im not mistaken....so.we can safely say a prototype has prob been there maybe 3-5 years?..in there basement at that. please they are far beyond us and anyone else in technology.we invest all our plants over there. because its cheaper than what workers here want.sad but tru story.

why is it all bots and hackers and spammers 95% are of china/Korea...as much as we hate bots think about it.it takes real technology for those bots to do what they do and try to be so sneaky and or with such commands to follow.the day that computers run computers is already here.and we dont have the smartest ones :)
Reply to this comment
by monkeyfun14 August 21, 2009 4:18 PM PDT
They are more congested so its easier to lay down fiber and cheaper.

As far as they're phones they are cheap and ugly looking. Yes they may stick a 10mp camera on it but it ends up looking like a brick.
by ojisout August 21, 2009 8:50 PM PDT
Man, monkeyfun, you have an answer for everything, don't you?
by hghrpwrd August 21, 2009 10:37 PM PDT
ojisout- or he(monkeyfun14) just likes to be the devil's avocate, or just the devil, or maybe just someone who works for a cell phone company...i dont know.
by mpitogo August 21, 2009 8:51 PM PDT
The networks are a fragmented and incompatible hodge podge from wireless carriers who over charge and under deliver. Without AT&T no one else can handle the iPhone 3G except maybe T-Mobile who just got in the game. There's no innovation on the network and innovate devices are strapped to what is available from a single carrier.
Reply to this comment
by couldnotunregister August 23, 2009 10:16 AM PDT
This article has deliberately confused cellphone usage statistics with broadband availability. The U.S. still lags far behind other developed nations in wireless broadband availability. Confusing minutes used with data transferred is simply poor reporting. When you have a slower connection, of course you use more minutes. It takes longer to transfer the data.

The iPhone while innovative has done nothing to improve wireless broadband. In fact, Apple's exclusive contract with AT&T and monolithic application control has, if anything, hindered innovation in broadband wireless.
Reply to this comment
by red_foxx15 August 23, 2009 11:01 AM PDT
I enjoy the comments about the Iphone.

\"Apple?s iPhone has wowed most of the globe ? but not Japan, where the handset is selling so poorly it?s being offered for free." (quoted from http://www.wired.com/gadgetlab/2009/02/why-the-iphone/ for everyone who needs a source or it cant possibly be true)

fact is the i-phone, while way advanced over here, is way behind over there. facts are facts like it or not in the global market of technology, we are behind
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by AluminumMonster August 23, 2009 7:13 PM PDT
Its nice to see that the FCC is starting to take a look at the scumbag Wireless companies, but lets be honest we wont even see anything done for atleast 5-10 years at the minimum.
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About Signal Strength

Marguerite Reardon has been covering the telecom beat for more than a decade and knows more about wireless and IP networking than she cares to admit. She has been a senior writer for CNET News since 2003, covering all things wireless and broadband related from iPhone launches to major telephone company mergers to IPTV developments. She often appears as an expert on news networks, including CNBC, MSNBC, NPR, and the BBC. Maggie loves visiting CNET's headquarters in San Francisco, but she's an East Coaster at heart, living and working in Manhattan.

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