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Senators To Examine Exclusive Handset Deals

narramissic writes "Based on a request that a group of rural operators sent asking the FCC to examine the practice of handset exclusivity, four members of the Commerce Subcommittee on Communications, Technology and the Internet sent a letter to the FCC expressing their concern. Small operators, like U.S. Cellular argue (PDF) that 'exclusive handset contracts divide wireless customers into haves and have nots.' But nationwide operators, including Verizon, maintain (PDF) that 'in the absence of exclusivity agreements, wireless carriers would have less incentive to develop and promote innovative handsets.' The Commerce Committee expects to hold a hearing on the issue tomorrow."

18 of 234 comments (clear)

  1. Carriers != Manufacturers by Anonymous Coward · · Score: 5, Insightful

    'in the absence of exclusivity agreements, wireless carriers would have less incentive to develop and promote innovative handsets.'

    I wasn't aware that the carriers were in the business of manufacturing...

    1. Re:Carriers != Manufacturers by toppavak · · Score: 4, Insightful

      Maybe not directly, but carriers do dictate and direct a lot of handset development. Really its the "promote" part of that statement that matters- Verizon puts a lot of money into marketing the BBerry Storm, AT&T helps market the iPhone etc. The argument is that without exclusive handsets there's less motivation to do this. There is some truth to that argument, but a more open ecosystem when it comes to mobile phones in the United States can only be a good thing for consumers.

    2. Re:Carriers != Manufacturers by Octorian · · Score: 4, Insightful

      They sure seem to want to make all the customers think that they are. Heck, all their marketing seems to be about the "phones they offer" almost more so than the "service they provide".

      People need to wake up and realize that their beloved phones come from Apple, RIM, HTC, Palm, Nokia, etc, and *not* from AT&T, T-Mobile, Verizon, or Sprint.

      Of course in the US its a little more complicated in that every carrier seems to use a different radio technology, sometimes with overlap and sometimes without. (i.e. AT&T and T-Mobile are both GSM, but diverge for 3G) And of all the hot smartphones, it seems like only RIM actually cares about supporting all carriers and radio technologies (for the most part, as the Storm is an exception, sorta).

    3. Re:Carriers != Manufacturers by shawn(at)fsu · · Score: 5, Insightful

      If the carrier doesn't market the phone then the manufacture will. These manufactures do just well in non US markets, in fact I doubt it would hurt the manufacture at all.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    4. Re:Carriers != Manufacturers by davester666 · · Score: 5, Insightful

      Well, if they couldn't strike these handset deals, the carriers might have to...focus on their damn networks...

      Because right now the carriers seem to just be playing lip service to their networks.

      Oh, you want an iPhone, but AT&T has a crappy network in your area. Right now, AT&T has a negligible incentive to upgrade their network in your area, but you have to take their network in your area to get the iPhone. If it weren't exclusive, AT&T might actually improve their network if they see a large group of people remaining on T-Mobile and using the iPhone instead of having a small group switch to AT&T anyways.

      And just maybe MMS and Tethering might have been possible for the past year if AT&T wasn't able to dictate to Apple that they couldn't be used.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:Carriers != Manufacturers by andymadigan · · Score: 4, Insightful

      Didn't you just break your own argument? I can't very well use my cable modem with my DSL connection, but they both get me on the internet. Likewise, my T-Mobile G1 won't work with Verizon any more than my CDMA Nokia would work with T-Mobile, but they both get me on the phone network.

      That's how the cell phone companies see it. The only "features" on the phone for them are things that cost you money. E.g. $1/MB mobile web browsing, or text messaging.

      This argument from U.S. Cellular is a non-starter, or at least I hope it is. What we really need is to unbundle the phone from the service entirely. Make the plans cheaper because the company isn't paying for the phone, and end these ridiculous contracts. Sure, you'll have to pay more up front, and the phone manufacturers will have to compete on price in a very large market.

      --
      The right to protest the State is more sacred than the State.
  2. "Innovative", as in having features disabled? by Anonymous Coward · · Score: 5, Insightful

    Um... yeah.. carriers would never disable features on cellphones, now would they?

  3. Backwards Argument? by MidnightBrewer · · Score: 5, Insightful

    It seems to me that in the absence of exclusivity agreements the carriers would have greater incentive to introduce new features because they wouldn't be allowed to dictate terms to handset manufacturers in order to maintain their current level of mediocre offerings.

    --
    "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    1. Re:Backwards Argument? by sodul · · Score: 5, Insightful

      I used to work for a big name smart phone manufacturer. The versions for Sprint/Verizon were crippled at the carrier's request, i.e.: disabling internet sharing to your laptop. The unlocked (GSM) versions of the phones had all the features, not because they were more expensive, just because there was nobody requiring to remove the features.

      One of the problems with Sprint and Verizon is that the radio has to be specifically designed for them which mean you can only use a phone that they sell directly. With GSM providers (AT&T, T-Mobile, and most of the world) you just need to put the SIM card in and it works (granted the local frequencies are supported by the phone).

      Normally the manufacturer has no interest to cripple it's own product, but when the carrier control what devices will work on their network you don't have any choice but to comply. It is pretty much the same situation as when you had to use the land phone from the One phone company and were not allowed to plug you own.

    2. Re:Backwards Argument? by Anonymous Coward · · Score: 4, Insightful

      And the manufacturers are enabling this behaviour.

      Bullshit. Nokia said "No", and look what happened to them! The carriers said, "Fine, no thanks, we'll get our phones from someone else." And now Nokia has just a fraction of the US market because of it. Nokia realized that it was a mistake, and now even it is playing by the carriers' rules.

  4. "Would have incentive to..." by laughingcoyote · · Score: 5, Insightful

    "Without longer than a century copyright, I would have no incentive to develop anything useful." "Without being able to patent walking using both feet, I wouldn't have incentive to make anything useful." "Without being able to grant myself a monopoly on something, I would have no incentive to create anything useful." "Without the Shoot Anyone Using Anything But My Stuff Act, I would have no incentive to develop anything useful."

    I am getting quite tired of seeing that, and we should really quit listening. If you don't want to, then by all means, don't, and feel free to fade away. In the meantime, those who still have plenty of incentive to do so (by finding creative ways to make money off of it, out of simply enjoying it, out of their own need for a tool to do something or a wish to create something for their own enjoyment, what have you), will do so.

    I'm getting less and less tolerant of this temper tantrum. And that's really all it is-"I don't WANNA share!!!!! I thought of it FIRST!!!!" If the dinosaurs mean it, then by all means, their time has come and we should let them go. Good riddance to them, something better suited to modern times will take their place. On the other hand, they do tend to like paying themselves those large bonuses, so I would wager they'll start getting really creative in the absence of these artificial restrictions enabling them to be lazy and rest on their laurels.

    --
    To fight the war on terror, stop being afraid.
  5. "Develop and promote"? by jayhawk88 · · Score: 4, Insightful

    Since when does Verizon or any other carrier have anything to do with the development of a phone? They just take whatever you can get from HTC/Motorola/Samsung, throw a logo on it, change the name to something stupid, and pick 5 random features to cripple for no apparent reason. As for promotion, while I guess that charging customers 200% more for the phone than it's actually worth unless they sign a 2 year contract (if you let them but it unlocked at all) is technically "promotion", I don't think that is really in the spirit of the true definition.

    What a bunch of tools.

  6. Shouldnt be just exclusive handset deals by jonwil · · Score: 4, Insightful

    It should be deals (including the way spectrum auctions are carried out and regulated) that result in carriers *cough*Verizon*cough* getting a monopoly (or near monopoly) in certain areas just because they are the only carrier with coverage. (like the deals various carriers have made to get exclusives in subway systems, high-rises and other places where extra equipment is needed to give sufficient coverage)

  7. Free Market? by Bob9113 · · Score: 4, Insightful

    But nationwide operators, including Verizon, maintain (PDF) that 'in the absence of exclusivity agreements, wireless carriers would have less incentive to develop and promote innovative handsets.'

    Why are wireless carriers involved in the development and promotion of innovative handsets? Isn't the free market supposed to motivate handset developers to develop and promote innovative handsets?

    Or do the wireless carriers not believe in the free market? I, for one, think the free market is a pretty good thing. You know, when it genuinely lets the purse-holder freely decide.

    Aren't these the same corporations who cry "free market" every time the government tries to regulate them?

    Perhaps, and I don't want to sound like a conspiracy theorist here, but just maybe; the wireless carriers actually are not objective supporters of the free market? Maybe what they want is not the free market, but laissez-faire capitalism. But then must we not ask, without a free market, how can laissez faire capitalism seek efficiency?

    1. Re:Free Market? by magamiako1 · · Score: 4, Insightful

      Bob:

      On a technical note, this is all something being done mostly under the "free market". That is, it's completely up to the handset providers and the carriers to decide, freely, for themselves, if they want to have exclusivity deals. And it's completely up to the end users if they want to purchase them or not within the constraints of these deals.

      Beyond that, you get into very hairy situations.

      The key point though, is "Free Market" does not necessarily mean "Fair Market".

      I am in no way a supporter of a "free market" and I believe in heavy regulation and oversight from 3rd parties to ensure that we have a fair market for consumers. I'm just simply pointing out that you can't have "free market" and "fair market"--it just doesn't work.

      Some people would argue that a free market is a fair market in that anyone who wants to enter the market can do so by coming up with a better product or service and offering that. But unfortunately, under a completely free market that wouldn't happen--since the larger providers would enter agreements to force you out of the market.

      So at the end of the day, a free market system is not the best--and a regulated, fair market, ran by 3rd parties unrelated to the corporate interests of those involved is the best type of market.

      Of course....whether or not we have that today is a completely different debate. I'm simply pointing out the flaws in a "free market" system.

  8. Re:Binding Contracts. by Qzukk · · Score: 5, Insightful

    wireless carriers would have less incentive to develop and promote innovative handsets

    I'll buy "promote" but when was the last time a wireless carrier ever "developed" a handset? And no, I don't count taking a good handset someone else made and crippling all of its features with a shitty firmware overwrite that turns the phone to crap.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  9. typical... by whipple-spree · · Score: 4, Insightful

    It seems, when given the option, that most big business will try to strangle the hand that feeds them. Cheap and reliable communication has been a keystone of American business, both domestic and foreign and here we are trying to catch up because business is too damn greedy/short-sighted for their own good. Their argument has nothing to do with innovation. It has everything to do with making money by not rolling out a more expansive, more reliable network. Who suffers? America does and it's not like they can just pick up their network and plop it down somewhere else.

  10. Verizon is funny. by cyn1c77 · · Score: 4, Insightful

    But nationwide operators, including Verizon, maintain (PDF) that 'in the absence of exclusivity agreements, wireless carriers would have less incentive to develop and promote innovative handsets.'

    You've got to hand it to Verizon for trying to confuse the congressmen with idiot logic. Are wireless carriers really developing innovative handsets? (or handsets at all)

    I am trying to think of more than 3 revolutionary handset lines besides the iPhones, the Blackberries and Nokias. I guess we can throw in Motorola for their early efforts and Sony Ericsson for cute design too. But where are the carriers?

    I think Verizon is really pissing their pants because they are thinking "in the absence of exclusivity agreements, wireless carriers will have a harder time locking down good phones with carrier-specific crappy software."

    In theory, non-exclusive phones would also reduce the number of overall phones brought to market and increase the quality since the developers would be competing against a larger market.

    Really, with non-exclusive handsets, both consumers and cell phone companies win. Large carriers will be the only ones losing... they will have to choose between market share, profit, and handset control. Of course, who are we kidding, nothing is going to change because they probably own half of the senate.