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Massachusetts Plans a Cell Phone Bill of Rights

freaktheclown writes "Via Engadget, the news that Massachusetts' state legislature is considering a cell phone bill of rights, which would 'limit contracts to one year, require easier to understand monthly bills, and force carriers to fix dead zones.' You may recall that California adopted a similar bill of rights last year before it was shelved last January."

22 of 258 comments (clear)

  1. All of these "rights"... by jxyama · · Score: 5, Insightful

    Are carriers "allowed" to adhere to offer these "rights" by raising the price? Why don't we let the economics of the industry take care of this? T-Mobile offers one year contracts, but makes you (generally) pay more for the phones. You can't eat the cake (heavily subsidized phones) and have it too (short contract).

    1. Re:All of these "rights"... by Anonymous Coward · · Score: 1, Insightful

      Are carriers "allowed" to adhere to offer these "rights" by raising the price?

      Of course they are allowed to raise their price. But if one company doesn't raise their price as much, they'll win many more customers, increasing profitability. Poorly managed cell companies don't like this much ;-)

      Lock in is VERY attractive to the cellcos. Most cell phone carriers HATE a level playing field. That's why they were so up in arms about "number portability", which was supposed to bring doom and gloom and high prices to all.

      Now that number-lock-in is gone, cell companies are trying to lock in users with long contracts that they can't get out of even if quality-of-service is piss-poor.

    2. Re:All of these "rights"... by Qzukk · · Score: 3, Insightful

      Because the economics of the industry has failed to fix the dead zones or convice carriers to allow people to use any phone they want with any carrier that it's compatible with. We pay universal access fees to promote network development yet that money seems to go into a big black hole, or a CEO's bank account, whichever is available.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:All of these "rights"... by squiggleslash · · Score: 2, Insightful
      The economics of the industry are not taken care of by allowing carriers to obscuficate their costs using increasingly bizarre tariff and contract systems.

      Two year contracts, right now, are about decreasing churn, not better amortizing phone subsidies. Phone subsidies are generally paid back within a couple of months of the user buying the phone. Usual subsidies are in the $100 range. With $50 being about normal as a monthly charge, you can probably figure out that phone subsidies are not, actually, that massive a proportion of your two year contract's revenue.

      Why are carriers worried about churn? Because they have an interest in reducing competition. If users can simply skip from one carrier to the next, they'll do exactly that, jumping to whoever does the best deal, and jumping from one carrier to another as their needs change. That creates uncertainty, and it also creates an environment in which mobile telephony is likely to become a commodity service. Nobody wants to be in a commodity industry.

      Two year contracts are an absurdity. Most people's needs change more frequently than that. If the cellular companies are able to get away with such things right now, it proves the system isn't working. People can come up with whatever free-market-solves-everything BS they want, the fact is that if the majority of people are doing something dumb, and the people persuading them to do so are doing so largely for the wrong reasons, then the free market is not being a "solution", it's exhibiting a problem. Laws that level playing fields are a good idea, and this is a good proposal.

      --
      You are not alone. This is not normal. None of this is normal.
  2. Reasons for complaint by gunpowda · · Score: 2, Insightful
    The bill would address common cell phone annoyances...
    Industry sponsors say they'll fight the bill.

    The only grounds they really have for complaint here is the economic feasibility of allowing one year contracts - the longer the contract the easier it is to subsidise the cost of the phone and still obtain a handsome profit.

    But arguing about dead zones and refusing to offer bills consumers can understand? What could the possible justification there be?

    1. Re:Reasons for complaint by mi · · Score: 3, Insightful
      But arguing about dead zones and refusing to offer bills consumers can understand? What could the possible justification there be?
      That's a wrong question. They should not be forced to justify anything. If you don't like them, you can live without a cell phone.

      There is no physiological addiction to the phones, nor are these companies government entities. They don't owe you anything.

      If they don't care to fix "dead zones" and want to send out "cryptic" billing statements (I never had a problem with mine, though), then so be it. The competition is healthy -- either the consumers will switch in droves, or these are not really problems.

      Now, the requirement to allow the phone-number transfer was a good thing, because there was no incentive for a single one company to offer that, if all competitors did not. Better coverage and easier to read statements are quite different.

      --
      In Soviet Washington the swamp drains you.
    2. Re:Reasons for complaint by Anonymous Coward · · Score: 1, Insightful

      they

      The problem here is in that word.

      If it was one company doing this, they'd run out of customers as soon as the contract expired. Unfortunately ALL the companies do this, so customers don't exactly have a choice, other than to choose to do without. While we're fortunate enough to make sure that critical things like water remain controlled utilities, free of corporate stupidity, it's still annoying when something like this happens with a service that is merely useful, and not required to sustain life (in most cases, I'm sure several can come up with "cell phone saved my life!" stories).

    3. Re:Reasons for complaint by ElBuf · · Score: 2, Insightful

      While I find this line of argument compelling in a lot of instances, this isn't one of them. Wireless companies' entire business is predicated on their access to a public asset, spectrum, which is finite and is licensed (in the US) by the federal government. IANAL, but my understanding is that this comes bundled with a number of obligations under the Federal Telecommunications Act of 1996, one of which is to provide universal service. So, in this instance, it's not a simple as "if you don't like it, go somewhere else". Under current law, they do owe us some things, though I'm not sure easy-to-read bills is one of them.

      el buf.

  3. Maybe it will go federal someday by dj245 · · Score: 3, Insightful
    Enough states do this and maybe the feds will take note and Congress will do something. The do-not-call list started this way, and I have gotten no more calls.

    On the other hand, this bill sounds a little vague and doesn't do enough. The pricing schemes of cell companies are terrible, and pay-as-you go plans suck monkey balls in the states. You should be able to buy a sim card and use whatever phone you choose, like the Europeans do. They have it good over there!

    --
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  4. A bad idea by Snamh+Da+Ean · · Score: 3, Insightful

    Why should the government get involved with a market like this? Where is there evidence of market failure, such as excessive market power by the cell companies? Why does the state think people necessarily want to have only one year contracts, and why does it think it knows better than consumers? If the market is competitive, then it should be able to provide most of what people want. If the market is not competitive, the state should encourage entry, but it should not get involved with dictating the terms of businesses to those better qualified to assess their reasonableness. TFA article makes no mention of customer groups complaining about these features - is it a case of politicians throwing their weight about unneccessarily? Anyone from MA know of consumer initiatives in this area. Right, that sould be about enough questions! Ok?

  5. These problems can be fixed by the market by Omnifarious · · Score: 4, Insightful

    I don't see a lot of strong evidence that that's not the case. One danger in imposing caps and restrictions like this is that it provides a convenient collusion point for all carriers. The government mandates this is the worst we can do, and gosh-darn-it, that restriction is awfully chafin, we would like to do even worse than that, but this stupid regulation prevents us, so we're stuck here doing the worst we're allowed.

    While doing things that reduce the barriers to switching to a competing carrier are good, and making sure that no one carrier can ever get a lock on a particular market would also be good, I don't see a lot of point in these other restrictions.

    What I would like to see in a 'cell phone bill of rights' are things like "I have the right to not be called for commercial (profit or non-profit) purposes by entitities that I have not given explicit permission to call me. And if you do receive any such calls, you have the right to not be charged the airtime for them.".

    Commercials are an ever-present creeping kudzu that will take over any vehicle of communication if given half-a-chance. Even google is starting to put commercials inline with search results and only marking them off with a colored box.

  6. There ain't no free lunch by John+Jorsett · · Score: 3, Insightful

    Long contracts are how cell companies manage to offer you "free" or low-cost phones, "free" minutes, etc. If contracts are limited to one year, you'll see those sorts of offers disappear or go up in cost. Maybe that's an acceptable result, but no one should expect that this regulation will somehow usher in a utopia for the consumer in which all sorts of new rights adhere at no cost.

  7. How About a Non-Cell Phone Users Bill of Rights? by Anonymous Coward · · Score: 3, Insightful

    Like:

    - Cell phones prohibited in libraries, theaters, conferences, etc. punishable by death.
    - Cell phones prohibited while driving.
    - Loud ringers prohibited.
    - Obnoxious ringtones prohibited.
    - Make it legal to smack cell phone users for whatever reason.
    - Cell phone towers only allowed in yards of cell phone users.

  8. unlocked phones by pyros · · Score: 4, Insightful

    The only requirement I'm waiting to see is unlocked phones so the carriers can't keep stifling cool new technology. Verizon really screws customers be disabling/removing nice features that the manufacturers put in and advertise.

    1. Re:unlocked phones by MBCook · · Score: 2, Insightful
      Bingo. These are the rights that I care about:
      • If the feature is available on the phone, it must be enabled and not crippled
      • Data on the phone belongs to the user, not the carrier, and must be accessible by the user (to pull data off the phone/put it on without having to go through the carrier).
      • Use of one feature on the phone (such as downloading new games) should not require use of another feature (such as accessing the internet) that may cost extra.
      • If a user wishes to use a cellphone on your network that is compatible (i.e. use a CDMA phone on Sprint's network) the company CAN NOT refuse the customer on the basis that the phone was not purchased through the company's store. (This is to create a free-market of cell-phone suppliers)
      • If a feature is on a phone but does not work to the fullest capacity (see: bluetooth on most any phone is the US) these facts MUST BE EXPLICITLY STATED ON THE BOX.
      • Jamster is not allowed to operate in the US (OK, so I couldn't think of one more, but this one seems good enough).
      --
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  9. Fixing dead zones... by doormat · · Score: 3, Insightful

    I moved into a new house 6 months ago, and low and behold, my cellphone doesnt work in all but one room of the house (no signal or emergency only). I'm locked into a contract with Cingular until next summer. So should I be charged $300 to get out of the contract because their service sucks at my new house?

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
    1. Re:Fixing dead zones... by DAldredge · · Score: 2, Insightful

      If the damn cell companies would publish the maps they already have of where the dead areas are this would not be an issue.

      But they won't do that.

  10. Rights? by argoff · · Score: 3, Insightful

    With all due respect, things like free speech and posession of waepons are a right. Cell phone freebies coercively imposed on everyone else it not. How about MA start focusing on the real rights, like quit pouncing on everyone with high taxes and regulations, and stop focusing on pretend rights like cell phone freebies.

  11. Already happened by argoff · · Score: 2, Insightful

    The ironic thing is that people can already get these services if they pay a higher price.

    If someone wants simple billing and no contracts, all they half to do is get pre-paid cellphone service and pick up refil cards at any 7-11 (They got those in MA right?).

    If someone wants more coverage, all they half to do is get a satellite phone.

    All this is really saying is that people are entitled to cell phone freebies at soneone elses expense. Shure has gone downhill from the days where a right ment things like free press and free religion. If MA wants to think about rights, perhaps they should look at the economic freedom rankings of their own state.

  12. While we're at it... by KrackHouse · · Score: 2, Insightful

    I really hate how supermarkets close at night, we should create the Bureaucracy of Consumer Annoyances which will employ thousands of well paid experts to make sure lines aren't too long or fast food places never run out of diet coke.

    I can see it now, businesses will cower in fear as the regulators roll through businesses looking for anything that might cause consumer disgust.

    Nobody is dumb enough to actually try to enforce this which is why it died on the vine in California. France actually passes laws like this which is why they have 10% unemployment.

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  13. Re:Fixing Dead Zones? by Secrity · · Score: 2, Insightful

    But for services like cell phones and mail, people have a legitimate right to expect they can get the same service (for approximately the same cost) in Tinytown, Wyoming as in Megalopolis, New York.

    Why? It may be that the economics balance out between providing mail or telephone service in Tinytown and Megaopolis and the charges would be similar. If the economics do not balance out there there should be NO guarantee that the charges to customer should be expected to be similar for the two localities. Just because the USPS charges uniform rates and the US government forces telco subsrcibers to subsidise rural telephone service (the the Universal Service scam), there is no reason to expect that wireless service also be subsidised.

  14. Right.. to bear arms... by Duncan3 · · Score: 2, Insightful

    What we really need is the right to bear arms against people using cellphones in a car, in a movie theater, or anywhere else they are yelling into one.

    I'm sure deaths by cellphone driver have long passed death by drunk driver, I get nearly run off the road by one of these morons at least a couple times a month. At least the drunk ones are _trying_ not to hit things, the cellphone users don't even know where they are.

    So save the innocent, kill all cellphone users. Think of the children!

    --
    - Adam L. Beberg - The Cosm Project - http://www.mithral.com/