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FCC To Hold Hearings On Early Termination Fees

Isaac-Lew sends word of an article in the Washington Post reporting that on June 12 the FCC will hold a hearing regarding cellphone early termination fees. The Commission may look at early termination fees for TV and Internet service as well. The wireless carriers are taking a Bre'r Rabbit approach toward possible FCC regulation of early termination fees — the FCC's intervention would pre-empt a number of class-action lawsuits going forward against Verizon, Sprint, and others. These suits, stemming from state regulations, could cost the carriers billions. "...the carriers have renewed a lobbying effort in recent weeks to persuade the FCC on a legal definition that would stave off the state lawsuits on cancellation fees. On May 6, 2008, Verizon Wireless chief executive Lowell McAdam and the company's chief lobbyist, Tom Tauke, met with [FCC Chairman] Martin, urging him to adopt a federal policy, according to FCC records."

16 of 184 comments (clear)

  1. Re:So the price of phones will just increase, nice by poptix_work · · Score: 4, Insightful

    I have never accepted one of their free/reduced priced phones (I prefer to buy online as well, provider selection + disabling of functionality sucks) but you still get forced into a contract. I see no problem with allowing the early termination fees for people that take advantage of free/reduced price phones, you should not be forced into a contract when you bring your own phone though.

    --
    Just because you disagree doesn't make it offtopic or flamebait.
  2. read the effin contract by gadabyte · · Score: 5, Insightful

    don't like termination fees? don't sign a contract agreeing to pay them if you leave. duh. it's not like you have some inalienable god-given right to a cell phone. hence the contract.

    i don't think this should apply to dropping service if the cell carrier isn't holding up their end of the bargain (crappy coverage, non-functioning hardware, refusal to address issues, etc) - then, by all means, the customer should have full right to leave without ANY penalty. but if the customer is leaving because they want the sweet phone on the other network, or just because they feel like it...maybe they should have thought of that before signing.

    --
    the united states is a nation of laws; badly written and randomly enforced -- frank zappa
    1. Re:read the effin contract by Anpheus · · Score: 2, Insightful

      Unfortunately the cell phone providers are providing what is by many considered an essential service, it is at least in the business world. This means they are negotiating from a position of power. Furthermore, there really is no negotiation. You never get to determine terms, you merely accept one of a few choices of contract and all that it entails. No negotiation and an unfair position for the two parties make, from what I understand (IANAL,) a weak contractual foundation.

      NYCL out there to correct me?

    2. Re:read the effin contract by JohnWhitney · · Score: 5, Insightful

      Well hell, why don't we apply this to ALL areas of life, instead of just cell phones?

      Gas station chains that only sell gas to if we agree to enter into a contract to only buy gasoline from their stations, and you agree to buy a minimum of 50 gallons a month! Don't like termination fees? Don't sign a contract agreeing to pay them if you leave. It's not like you have some inalienable god-given right to drive a car. Hence the contract.

      I have my own cell phone. I currently use a pay-as-you go system, precisely because I don't want to be force into multi-year contracts, and I typically only have my cell phone for emergency purposes. But let me tell you, I pay significantly more per-minute than those with a contract (about $0.25 a minute, plus fees).

      In an ideal world, a competitor would come along to service my needs. In the real world, there are very few companies with the money to buy the spectrum necessary for cell phone use, and those that have have all gotten together and decided that all of them will use this lock-in method. That leaves me with no choice but to pay exorbitant rates for their service without a contract.
      And as I said in a post above, I've had providers attempt to lock me into a one-year contract for the mere privilege of changing my phone number after I moved, so don't give me garbage about this contract being used to subsidize the price of phones.

  3. Re:So the price of phones will just increase, nice by ratboy666 · · Score: 2, Insightful

    I can't get a "no-phone" plan. I don't get a discount because I supply my own phone! But my "plan" is just out of the penalty fee phase. I can't change the plan without getting into ANOTHER penalty fee phase. (certain features can be added or removed, but there are limits -- and my carrier won't tell me what those are).

    If I replace my phone, I get into another penalty period. If I don't... I pay the same amount; but without the penalty period. And that's it.

    I want to see a "no-phone" rate...

    Yes, I would like to sue the provider.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  4. They'll just change the system by SamP2 · · Score: 3, Insightful

    If it becomes illegal to charge a penalty for early termination, I imagine they'll change the scheme to something like this:

    - The "free" phone that is given to you in exchange for signing a 3-year contract, instead becomes a "lease"
    - You must give a "deposit" in exchange for the lease. The deposit is equal to the cost of the phone that they would sell it for, should you choose to buy it without a contract
    - They'll conveniently offer you an instant loan to cover the cost of the lease. So you don't have to shell out those $300 bucks, you just "owe" them to the company.
    - Each time you pay your plan, part of the money is used to cover that deposit loan. If you finish your 3-year contract, the owed amount becomes 0, and you get to keep the phone.
    - If you leave early, they charge you the remainder of the loan.

    They'll just wrap it all in the same kind of contract you sign without reading anyways, and for most customers it won't be any different in how or how much they pay, compared to the current system. But from the legal perspective, it suddenly becomes a whole new ball game.

    1. Re:They'll just change the system by Fulcrum+of+Evil · · Score: 3, Insightful

      Sounds great to me. I get unlocked phones off amazon that I can't get in the USA, so that'd drop $10-$20 off my bill.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:They'll just change the system by jeremycole · · Score: 2, Insightful

      No one participating in this examination thinks that the fees will go away completely and still get to keep the free phone concept. That's just silly. What you've described actually sounds like exactly what *should* be happening. As it is now, they charge the extra fees per month (in the form of markup), but nothing gets "paid down" on your loan, and if you cancel even a day before your contract is up you owe the full amount of the "loan". As a bonus, since the plans are priced suitably for the companies to make back their "loans", even if you don't take their "loan" you still get to pay extra. I would love to see the government regulate that companies structure their agreements in a fair and equitable fashion as above.

  5. Who buys this crap anyway?!? by BlueF · · Score: 1, Insightful

    Early-termination fees "are critical to keeping wireless rates affordable"...
    Since WHEN were wireless rates affordable?!?

    Prices keep going up and up despite more and more customers every single day! Who ever came up with the idea of supply and demand, neglected the ever present... greed. Gas prices anyone!?!

    Utilities provide an all but necessary service. Instead of locking customers into multi-year contracts with stiff early cancellations fees, lets see utilities (all subscription based services) retain customers on the VALUE of the products and services they offer.
  6. Re:So the price of phones will just increase, nice by Anonymous Coward · · Score: 1, Insightful

    So you say that I should pay for risks telco takes when I sign contract? Yeaah, that is pretty reasonable. If you are a telco I mean. In every other business it is called BS. Not telling about the fact that nowdays people just roam from network to network. They do not "appear" from thin air. Times of fast grow of telcos are already over. If a customer comes to you - its great. If he/she leaves - probably you are the reason.

  7. You should maybe do some research, ok? by hassanchop · · Score: 4, Insightful

    Easier said than done when none of the competitors offer anything w/out a contract.


    Hmm. Let's examine this.

    http://www.wireless.att.com/cell-phone-service/go-phones/

    AT&T Go phone. No contract.

    http://www.t-mobile.com/shop/plans/default.aspx?plancategory=4

    T-Mobile. No contract.

    http://www.verizonwireless.com/b2c/store/controller?item=prepayItem&action=viewINpulsePlanDetail

    Verizon. No contract.

    http://www.boostmobile.com/

    Boost Mobile (owned by Sprint-Nextel). No Contract.

    Did I misunderstand you when you said "none of the competitors offer anything w/out a contract." because that ALL of the (major) competitors, and no contracts. There are literally dozens of options for cell service without a contract.
  8. Re:Market Forces At Work by Tony+Hoyle · · Score: 5, Insightful

    You could then buy it in a bubble package at Walmart.
    Motorola, Samsung, LG, Nokia would have sales reps calling on Walmart, Target and other retailers selling them phones in huge volume to sell us without any bundling, and there would then be significant competition.


    What, you can't do that in the US? In Europe we can walk into any supermarket and walk out with a contract free phone 5 minutes later. They're not free but they're fairly cheap - competition keeps the prices down.

    One GOOD thing that has happened in the last year, the IPHONE came out.

    Previously, you signed up for a longish contract and you got the phone free.

    With the iphone, sign up for a longish contract and you pay full price for the phone.

    I fail to see why this is a good thing.

  9. Re:Market Forces At Work by Tanktalus · · Score: 4, Insightful

    Apparently you did that wrong. What I've been told is that I should never talk to the service people at a cell phone company. Instead, always ask to be put straight through to their cancellation department. For whatever reason, they're MUCH more willing to negotiate than the regular service folk.

    Personally, I haven't done that. I just can't be bothered. If your front line isn't authorised to make the customer happy, this customer will take his business elsewhere. I don't play games with my business, so if you want to screw me over, well, screw you.

  10. Re:Market Forces At Work by Timothy+Brownawell · · Score: 2, Insightful

    Market forces don't work very well if there is a large disparity is power between the participants (same for the principle of freedom of contract).

  11. You said GBP. We have USD. by tepples · · Score: 2, Insightful

    Just ask for a sim-only contract. They're usually quite cheap and have no miminum contract. I have one - GBP 15/mo You said GBP. True, one can get a SIM-only contract at a discount in countries that have the pound sterling or euro. But this isn't generally the case in countries that have the U.S. dollar as legal tender. This article is about such a country: the United States of America.
  12. Re; On the flip side; by Technician · · Score: 3, Insightful

    At least, not in a lump sum up front.

    How many phones does the typical person have in a drawer, locked to some provider they had a falling out from?

    This may be the end of locked phones. Pick up a phone that you like, not just what they push this week, and pick up a SIM card from your favorite carrier. This iPhone dilemma of nice phone, carrier sucks would end. Service would improve to reduce churn.

    You are no longer forced to buy a new phone to change carriers. Why is this a bad thing? As a trend this way, one of the cell stores has a sidewalk sign board advertising unlocked phones for sale. This may be the beginning of a good thing.

    --
    The truth shall set you free!