Pai

FCC Chairman Ajit Pai is leading the charge to define text messaging (SMS, MMS) as an “information service,” allowing phone companies a clear right to censor or block messages they do not like.

On Tuesday, Pai proposed a Declaratory Ruling that would deny a petition from consumer group Public Knowledge asking the FCC to once and for all affirm text messaging as a telecommunications service. The request goes all the way back to a 2007 dispute between NARAL — a reproductive rights group and Verizon Wireless. The wireless carrier blocked a text message campaign from NARAL, claiming it had the right to block “controversial or unsavory” text messages. It was the only wireless company to reject NARAL’s text-message program, which invited consumers to sign up for alerts and other information.

Legal experts told the New York Times private companies like Verizon probably had the legal right to decide which messages to carry, because text messaging was never defined as a “common carrier” service. Verizon Wireless at the time insisted it did not accept text messaging programs from any group “that seeks to promote an agenda or distribute content that, in its discretion, may be seen as controversial or unsavory to any of our users.”

Verizon claimed it was neutral on the subject of abortion, but the topic itself was forbidden to be discussed or raised in text messaging campaigns directed to customers.

That 2007 claim irritated then-NARAL president Nancy Keenan, who claimed Verizon was interfering with free speech and activism.

“No company should be allowed to censor the message we want to send to people who have asked us to send it to them,” Ms. Keenan told the newspaper in 2007. “Regardless of people’s political views, Verizon customers should decide what action to take on their phones. Why does Verizon get to make that choice for them?”

Pai says giving companies like Verizon the permanent right to manage the kinds of text messages allowed on their networks is a good way to stop texting spam.

“The spam rate for text messages is estimated at 2.8%, compared to a rate of over 50% for email. That’s not by accident,” Pai claimed. “Today’s wireless messaging providers apply filtering to prevent large volumes of unwanted messages from ever reaching your phone.”

Pai claimed that the effort underway to classify text messaging as a telecommunications service was anti-consumer and would open customers up to a lot more unwanted messages.

“This may not seem like a big deal, but such a classification would dramatically curb the ability of wireless providers to use robotext-blocking, anti-spoofing, and other anti-spam features,” Pai said in a blog post on Medium.

Feld

“It wouldn’t be the holiday season without Chairman Pai giving a great big gift basket to corporate special interests at the expense of American consumers,” said Harold Feld, senior vice president at Public Knowledge. “Chairman Pai proposes to grant the wireless industry’s request to classify text messages as Title I ‘information services,’ stripping away vital consumer protections. Worse, Chairman Pai’s action would give carriers unlimited freedom to censor any speech they consider ‘controversial,’ as Verizon did in 2007 when it blocked NARAL and prompted the Public Knowledge 2007 Petition.”

Feld claims Pai is only telling half the story.

“As the FCC made clear in 2016 (over then-Commissioner Pai’s dissent), text messages and robocalls are both ‘calls’ under the anti-robocall statute, and this Title II designation does not prevent filtering or other technological means to block unwanted robocalls or spam texts,” Feld said. “Indeed, Chairman Pai undermines his own argument by pointing out that email, which has always been an information service, has a 50 percent spam rate whereas text messaging, which the FCC treats as a ‘phone call,’ has a 2.5 percent spam rate.”

The FCC plans to vote on the matter, and is likely to adopt Pai’s proposal, at a meeting on Dec. 12.

Wireless carriers like AT&T and Verizon Wireless have reneged on promotions offering customers free phones and “buy one, get one free” deals that leave customers on the hook for hundreds of dollars in equipment charges.

With the holiday shopping season about to begin, phone promotions will be heavily advertised. But those deals may be too good to be true, according to consumer protection groups.

The Better Business Bureau said the problems customers are reporting are serious, and growing. Since the beginning of this year, BBB president (Southern Piedmont) Tom Bartholomy said the group has received almost 6,800 complaints about wireless provider advertising, sales, and promotional practices.

“We’re talking hundreds of complaints about a similar type of situation,” Bartholomy told WSOC-TV. “[It] points to an underlying cause, an underlying concern, with those types of promotions.”

WSOC’s consumer reporter has been inundated with complaints from his North Carolina viewers about broken promises:

Rachel Seighman lives in Monroe. She said, “(I) wanted to try to get a cheaper plan for my family. So, I tried AT&T out.”  She said she got her bill and “it was going to be about $60 higher per month than they said.” So, she called AT&T.  “I was told that the price they quoted me at was not correct,” she said.

Cynthia Emrich lives in Stanfield. She took advantage of an AT&T “buy one, get one free” offer for a Samsung phone. But, she said AT&T charged her for both phones.  “So I call them and they said it would straighten itself out, and it never did,” she told Action 9.  She said she called the company every month for 2 1/2 years. “It was frustrating every month.”

Denise Reid lives in Fort Mill. She said she went with a Verizon “buy one, get one free” deal for an iPhone, but that the company charged her full price.  “They could not give me a reason as to why,” she said.  “No reason as to why.”

Joseph Mayberry lives in Hickory. He told Action 9 a similar story. All four customers said they tried to resolve things on their own but couldn’t. “I would call someone.  I would go through the long story of what happened.  I would get to the supervisor level.  I’ve got emails saying I would be credited back and a phone call would follow.  Never got the phone call,” Mayberry said.

Many customers are tripped up by the fine print in promotional offers that frequently contain complicated conditions and opaque language. Some insist company representatives assured them that the promotion was valid only to find out later they were misled. In fact many promotions contain strict provisions that, if not followed precisely, invalidate the promotion.

Here are some common tricks and fine print traps you may encounter getting your “free” phone:

1. Many “Buy 1, Get 1” promotions require the customer to activate and maintain a new line of service to qualify for a free phone, which can cost nearly $50 a month for a plan, including additional surcharges and taxes. Customers that fail to follow through on this condition or quickly terminate the extra line after moving the device to a different line on their account were often charged full price for both phones.
2. Some promotions require customers to sign up for a “device payment agreement” to qualify for the free phone. That is actually a contract to pay off a device with monthly installment payments at 0% interest billed to your mobile account. The free device promotion is often tied to the payment agreement. If a customer buys the first phone and pays for it upfront there is no payment agreement, and no free phone. Some promotions require customers to maintain a device payment agreement for up to 30 months. If a customer violates any terms of the promotion, such as paying the phone off early or selling it, the company might bill you for the “free” phone.
3. Some companies take months to begin crediting your account for the monthly installments that will appear on your bill. Customers will eventually see a monthly device payment charge and a corresponding credit in the same amount for your “free” phone. But until bill credits start to appear in 60-90 days, you are responsible for the installment charges.
4. “Free” phone promotions often conflict with other service plans and features. Customers that have signed up to receive a new phone every two years may have to turn in their “free” phone and walk away from several delayed reimbursement credits before getting they can obtain their next new device.

Many customers underestimate the true cost of complying with the terms necessary to get that “free” phone. That realization usually comes too late to return it, leaving customers with several hundred dollars in equipment fees — a costly mistake that could ruin any holiday.

It is important to carefully study the terms and conditions of all wireless device promotions. The written contract is valid, promises from overeager salespeople are not. Be wary when you see “device payment agreement” or “activate and maintain a new line of service,” or “promo credit applied to account over 24 mos w/in 1-2 billing cycles; promo credit ends when balance paid or line terminated/transferred.” If you do, it could mean you will need to set up an installment payment plan for that “free” phone, keep it on your account as a new line of service for at least two years, and avoid paying it off in advance or attempt to move the phone to a different account or provider.

If negotiating with your provider has failed to resolve a conflict over the promotion, taking your case to the media over the terms of a possibly deceptive promotion can be effective in getting what you thought you were promised. When these customers contacted WSOC-TV and the station took the complaints back to AT&T and Verizon, the company quickly gave all four customers their free phones.

“Nobody would listen to me until [WSOC] actually reached out to them. And then within two hours, I got a phone call from AT&T,” Emrich told the station.  “If it wasn’t for Action 9, I would have never got that refund.”

AT&T claimed in a statement it honors all of its deals. Verizon tried to refer complaints about its promotions to the wireless industry lobbying group — CTIA. That group does not understand why Verizon did that and claims it isn’t familiar with cell phone promotions. Neither are most consumers.

WSOC-TV consumer reporter Jason Stoogenke investigates cell phone promotions that sound too good to be true. (3:36)

Verizon pulled out of a promo for a free iPhone for this North Carolina customer. Nobody knows why. (1:16)

Verizon messed up a promotion offering two phones for the price of one and left this customer out in the cold, telling him he needed to pay full price for both phones. (1:14)

“You’re giving it away… you are giving it all away!” — An unknown Wall Street analyst tossing and turning in the night.

America is simply not paying enough for wireless service. Thanks to dastardly competition introduced by T-Mobile and Sprint (potentially to be snuffed out in due course if their merger gets approved), wireless pricing is no longer a license to print money. Forced to offer one-size-fits-all affordable $40-50 unlimited plans, the prospects to grow Average Revenue Per User (ARPU) have never been worse because you can’t charge people for more service on an “unlimited plan” without admitting that plan is not exactly “unlimited.”

Wall Street analysts, already upset at the thought of carriers spending more than $100 billion on 5G network upgrades, are in a real tizzy about how companies are going to quickly recoup that investment. No matter that some wireless companies have profit margins in the 50% range and customers have paid providers for a service they were assured would keep up with the times and network demand. If there is to be a 5G revolution in the United States, some insist it must not come at the cost of reliable profits — so the industry must find a way to stick consumers with the bill.

It is not common for industry analysts to go public brainstorming higher prices and more customer gouging. After all, North Americans already pay some of the highest cell phone bills in the world, only mitigated (for now) by scrappy T-Mobile and Sprint. Mark Lowenstein, a leading industry analyst, consultant, and commentator, was willing to go public in the pages of Fierce Wireless, arguing “operators should be considering charging a premium price for what will hopefully be a premium service.” That is likely music to the ears of AT&T and Verizon, both frustrated their pricing power in the market has been reduced by credible competition from a significantly improved T-Mobile.

Lowenstein fears the prospects of a “race-to-the-bottom 5G price war” which could arrive if America’s wireless companies offer a credible home internet replacement that lets consumers tell the local phone or cable company to ‘take a hike.’ Since wireless operators will bundle significant discounts for those who subscribe to both home and mobile plans, telecommunications services may actually cost less than what Wall Street was banking on.

Something must be done. Lowenstein:

In mobile, there’s been premium pricing for premium phones. And Verizon Wireless, for a few years when it had a clear network lead, was sort of able to charge a higher price for its service (but not a premium price). But today, there isn’t really premium pricing for premium services. That should change when 5G really kicks into gear.

So how do you extract more cash from consumers’ wallets? Create artificial tiers that have no relationship to the actual cost of the network, but could potentially get people to willingly pay a lot more for something they will initially get for a simple, flat price:

One simple way would be a flat premium price, similar to the “tiers” of Netflix for a higher number of devices or 4K/Ultra HD.  So, perhaps $10 per line for 5G, or $25 for a family plan. Another approach would be more akin to broadband, where there are pricing tiers for different levels of service performance. So if the base 4G LTE plan is $50 per month today, for an average 100 Mbps service, 5G packages could be sold in gradations of $10 for higher speeds (i.e. $60 for 300 Mbps, $70 for 500, $80 for 1 Gbps, and so on). An interesting angle on this is that some of the higher-end 4G LTE services such as Gigabit LTE (and beyond) could get incorporated into this, so it becomes less of a 4G vs. 5G discussion and more of a tier of service discussion.

I would also like to see some flexibility with regard to how one can purchase 5G capabilities. For example, a user might only need those premium 5G features occasionally, and might only be prepared to pay that higher price when the service is being used. Here, we can borrow from the Wi-Fi model, where operators offer a “day pack” for 5G, or for a certain city, location, or 5G-centic app or experience. 5G is going to be hot-spotty for awhile anyway, so why not use a Wi-Fi type model for pricing?

Even better, now with net neutrality in the ash heap of history, courtesy of the Republican-dominated FCC, providers can extract even more of your money by artificially messing with wireless traffic!

Lowenstein sees a brand new world of “app-centric pricing” where wireless carriers can charge even more to assure a fast lane for those entertainment, gaming, and virtual reality apps of the future, designed to take full advantage of 5G. Early tests have shown millimeter wave 5G networks can deliver extremely low latency traffic to customers from day one. That kills the market for selling premium, low-latency add-ons for demanding apps before companies can even start counting the money. So assuming providers are willing to purposely impede network performance, there just could be a market selling sub-100ms assured latency for an extra fee.

The potential of a Money Party only 5G can deliver is coming, but time is short to get the foundation laid for surprise toll lanes and “premium traffic” enhancements made possible without net neutrality. But first, the wireless industry has to get consumers hooked on 5G at a tantalizingly reasonable price. Charge too much, too soon and consumers may decide 4G LTE is good enough for them. That is why Lowenstein recommends operators not get carried away when 5G first launches.

“We don’t want to be setting ourselves up for a WiMAX-like disappointment,” Lowenstein writes. “The next 12-18 months are largely going to be ‘5G Experimentation’ mode, with limited markets, coverage, and devices. Heck, it’s likely to be two years before there’s a 5G iPhone in the United States, where iOS still commands nearly half the market.”

The disappointment will eventually be all yours, dear readers, if Lowenstein’s recommendations are adopted — when “certain milestones” trigger “rate adjustment” letters some day in the future.

Lowenstein sees four signs to start the pillaging, and we’ve paraphrased them:

• Coverage: Wait until 30-40% of a city is covered with 5G, then jack up the price. As long as customers get something akin to 5G one-third of the time, they’ll moan about why their 5G footprint is so limited, but they will keep paying more for the scraps of coverage they get.
• Markets: Price the service differently in each market depending on how stingy customers are likely to be at different price points. Then hike those prices to a new “nationwide” standard plan when 5G is available in the top 20-30 cities in the country. Since there may not be much competition, customers can take it or leave it.
• Performance: AT&T and Verizon’s gotta gouge, but it’s hard to do it with a straight face if your 5G service is barely faster than 4G LTE. Lowenstein recommends waiting until speeds are reliably north of 100 Mbps, then you can let rip with those diamond-priced plans.
• Devices: It’s hard to extract another $50-100 a month from family plan accounts if there are an inadequate number of devices that support 5G. While your kids “languish” with 4G LTE smartphones and dad enjoys his 5G experience, mom may shut it all down when the bill comes. Wait until everyone in the family can get a 5G phone before delivering some good old-fashioned bill shock, just like companies did in the golden days of uncompetitive wireless.

These ideas can only be adopted if a lack of competition assures all players nobody is going to call them out for pickpocketing customers. Ajit Pai’s FCC won’t interfere, and is even subsidizing some of the operators’ costs with taxpayer dollars and slanted deregulation to let companies construct next generation 5G networks as cheaply as possible (claiming it is important to beat China, where 5G service will cost much less). Should actual competition remain in the wireless market, all the dreams of rate-hikes-because-we-can will never come true, as long as one carrier decides they can grow their business by charging reasonable prices at their competitors’ expense.

Verizon Wireless claims it is not intentionally slowing data services for its customers in North & South Carolina, despite growing complaints from customers about slow speeds.

Stop the Cap! has heard from nearly 20 readers in central and eastern North Carolina and they are displeased with Verizon’s performance.

“Signal is five bars but speed might as well be dial-up,” reports one reader. “I have consistently gotten 20 Mbps or better service for at least a decade from my home and workplace on Verizon’s network, but now the speed shows it starts at around 20 Mbps but quickly declines to less than 1 Mbps within 3-5 seconds. I have an unlimited data plan and have relied on it since Spectrum went out over the weekend.”

“Of course they are throttling us,” said Paul Ingell, who moved inland from New Bern to share a room with friends near Charlotte. “As soon as you go over 20 GB, the speed throttle game begins, and they are playing it. My bill reset date was today and by gosh speeds magically returned to normal. But my sister-in-law is still being throttled. Her phone delivers less than 1 Mbps sitting right next to mine and I get around 15 Mbps. We both own the same phones and have unlimited plans.”

The Washington Post covered the alleged Verizon slowdowns as well, and one Raleigh area reader claimed he is being throttled now as well.

“We lost power/cable and were using my Verizon unlimited data plan for internet access, and were very frustrated when attempting to access pages with dynamic content,” he wrote. “This is not typically a problem in central North Carolina, a high-coverage area. It seemed clear our data was being throttled.”

Another reader in New Bern who rode out the storm said Verizon service was very poor as he attempted to get news from CNN and Google during and after the storm. Browsing was almost impossible.

“E-mails and texts were the only reasonably quick way for me to get information. Other people complained of the same issue,” the reader wrote. “Having lost power and internet, the phone was our only contact with the outside.”

First word of the claimed throttling came from a reddit thread from AbeFroman21:

My family lives in a small town in eastern North Carolina, and we were just devastated by the hurricane. Our power has been out for five days now and internet service is gone as well. Two days ago my wife and I noticed that we couldn’t retrieve our email from our phone or check Facebook [for] updates from our community about the storm or when service would be restored.

We traveled into a bigger town and called Verizon to check and see if there was a data outage and when we could expect it to be restored. Only, I was told that my unlimited plan was deprioritized for being too low tier of a plan. But if I upgraded to a higher plan my service would be restored.

There’s no outage, just corporations sucking dry a community that as already lost so much. Thanks a**holes.

Verizon categorically denies it is throttling any customers in North Carolina.

“On North Carolina, we are not throttling,” said Richard Young, a Verizon spokesman. “The most likely scenario is that the customer, who can’t connect to the internet, is in an area that has lost cell service.”

Verizon 5G Home will begin accepting new customer orders for its in-home wireless broadband replacement as of this Thursday, Sept. 13, with a scheduled service launch date of Oct. 1.

The new high-speed wireless service will be available in select parts of Houston, Indianapolis, Los Angeles, and Sacramento.

Verizon CEO Hans Vestberg is calling the service part of Verizon’s 5G Ultra Wideband network. Initial reports indicate speed will range between 300-1,000 Mbps and existing Verizon Wireless customers will get a $20 price break on service — $50 a month instead of $70 for non-Verizon Wireless customers. We are still waiting word on any data caps or speed throttle information. Verizon informs Stop the Cap! there are no data caps or speed throttles. Service is effectively unlimited, unless hidden terms and conditions introduce unpublished limits.

Interested customers can determine their eligibility starting at 8 a.m. ET on Thursday from the Firston5G website. If you are not eligible initially, you can add your email address to be notified when service is available in your area.

Early adopters will be awarded with a series of goodies:

• Free installation (a big deal, since it could cost as much as $200 later. An external antenna is required, as well as in-home wiring and equipment.)
• 90 days of free service (a good idea, considering there may be bugs to work out)
• 90 days of free YouTube TV (a welcome gift for cord-cutters)
• Free Chromecast or Apple TV 4K (a common sign up enticement with streaming cable-TV replacements)
• Priority access to buy forthcoming line of 5G-capable mobile devices

Customers in the first four launch cities will be using equipment built around a draft standard of 5G, as the final release version is still forthcoming. Verizon is holding off on additional expansion of 5G services until the final 5G standard is released, and promises early adopters will receive upgraded technology when that happens.

Verizon is clearly providing a greater-than-average number of enticements for early adopters, undoubtedly to placate them if and when service anomalies and disruptions occur. Although Verizon has done limited beta testing of its 5G service, it is very likely the 5G network will get its first real shakeout with paying customers. Unanticipated challenges are likely to range from coverage and speed issues, unexpected interference, network traffic loading, the robustness of Verizon’s small cell network, and how well outside reception equipment will perform in different weather conditions, particularly heavy rain and snow. With a large number of freebies, and no charges for 90 days, customers are likely to be more forgiving of problems, at least initially.

Chromecast

Verizon’s 5G network depends on millimeter wave spectrum, which means it will be capable of providing very high-speed service with greater network capacity than traditional 4G LTE wireless networks. But Verizon will have to bring 5G antennas much closer to subscribers’ homes, because millimeter wave frequencies do not travel very far.

Verizon will combine a fiber backhaul network with small cell antennas placed on top of utility and light poles to reach customers. That explains why Verizon’s initial 5G deployment is unlikely to cover every customer inside city limits. There are substantial deployment costs and installation issues relating to small cells and the optical fiber network required to connect each small cell.

Verizon’s existing FiOS network areas will offer an easier path to introduce service, but where Verizon does not offer its fiber to the home service, it will need to bring fiber optic cables deep into neighborhoods.

AT&T sees a similar challenge to 5G and is openly questioning how useful wireless 5G can be for urban/suburban broadband service, considering it can simply extend fiber optic service to those homes and businesses instead, without a costly 5G small cell deployment.

Verizon introduces 5G wireless in-home broadband in four U.S. cities and starts taking new customer orders on Thursday. (1:00)

Article updated at 6:28pm ET with information about data caps and speed throttles provided by Verizon.