MetroPCS is getting a new name and new unlimited plans as its owner T-Mobile rebrands the provider “Metro by T-Mobile” starting today.

Current MetroPCS customers are largely attracted to the carrier for its simple, budget-priced mobile plans that offer 2-10 GB of data for $30-40 a month. In an effort to boost average revenue per customer, Metro will introduce two new plans that offer “unlimited” LTE data, mobile hotspot usage with data allowances from 5-15 GB, Google One cloud storage and mobile backup, and for its $60 plan, Amazon Prime membership:

T-Mobile USA John Legere argues that Metro’s new plans will change the perception that prepaid wireless plans are lacking.

“In the past, being a prepaid customer meant subpar devices, service and coverage. No more,” a press release from T-Mobile says. “Metro has been quietly changing the prepaid landscape for years, and wireless users have noticed. In the past five years, the number of people choosing Metro has doubled. Metro by T-Mobile offers a wide variety of both Android and iOS smartphones for every price point, including the absolute latest releases.”

The carrier, formerly an independent provider with its own cellular network serving 15 cities, was acquired by T-Mobile five years ago and today is run like a mobile virtual network operator (MVNO) on T-Mobile’s nationwide network. The company takes care to protect its lucrative base of T-Mobile postpaid customers by giving them absolute priority on T-Mobile’s network. If a cell tower becomes congested, Metro customers will be the first ones to feel the impact.

“When the network gets busy in a particular place, Metro by T-Mobile customers may notice a difference in speed compared to T-Mobile customers, but otherwise, they get the same T-Mobile network,” T-Mobile warns in its press release. In the fine print, T-Mobile also discloses it throttles speeds for unlimited customers using more than 35 GB of data per month until the next billing cycle begins. It also limits video streaming to 480p resolution all the time.

In an effort to differentiate itself from similar prepaid offers, Metro has teamed up with Amazon to give its premium plan customers a free month-to-month membership in Amazon Prime, which in addition to free two-day shipping, also bundles Amazon Prime Video, Music, and Photos.

T-Mobile CEO John Legere introduces a makeover of MetroPCS, now called Metro by T-Mobile. (3:03)

“Devastating.”

“Too big to fix.”

“A bad, recurring dream.”

“An oligopoly.”

“A meritless merger.”

These were some of the comments from objectors to T-Mobile and Sprint’s desire to merge the two wireless carriers into one.

Consumer and industry groups filed comments largely opposed to the merger on the grounds it would be anti-competitive and lead to dramatic price increases for U.S. consumers facing a consolidated market of just three national wireless carriers.

Free Press submitted more than 6,000 signatures from a consumer petition opposed to the merger.

“This is like a bad recurring dream,” one of the comments said, reflecting on AT&T’s attempt to acquire T-Mobile in 2011.

The comments reflected consumer views that mergers in the telecom industry reduce choice and raise prices.

The American Antitrust Institute rang alarm bells over the merger proposal it said was definitively against the public interest and probably illegal under antitrust laws. It declared two competitive harms: it creates a “tight oligopoly of the Big 3 and [raises] the risk of anticompetitive coordination” and it “eliminates head-to-head competition between Sprint and T-Mobile.”

The group found the alleged merger benefits offered by the two companies unconvincing.

“The claim that two wireless companies need a merger to expand or upgrade their networks to the next generation of technology is well worn and meritless. The argument did not hold any water when AT&T-T-Mobile advanced it in 2011 and the same is true here,” the group wrote. “The FCC should reject it, particularly in light of the merger’s presumptive illegality and almost certain anticompetitive and anti-consumer effects. Both AT&T and T-Mobile expanded their networks in the wake of their abandoned merger. And T-Mobile became a vigorous challenger to its larger rivals. Sprint-T-Mobile’s investor presentation notes, for example ‘T-Mobile deployed nationwide LTE twice as fast as Verizon and three times as fast as AT&T.’”

“The Sprint-T-Mobile merger is one of those mergers that is ‘too big to fix,’” the group added. “Like the abandoned AT&T-T-Mobile proposal, it is a 4-3 merger. It combines the third and fourth significant competitors in the market, creating a national market share for Sprint-T-Mobile of about 32%. Next in the lineup is AT&T, with a share of about 32%. Verizon follows with a share of about 35%. These three carriers would make up the vast majority (almost 99%) of the national U.S. wireless market with smaller MVNOs accounting for the remaining one percent. These carriers include TracPhone, Republic Wireless, and Jolt Mobile, Boost Mobile, and Cricket Wireless, which purchase access to wireless infrastructure such as cell towers and spectrum at wholesale from the large players and resell at retail to wireless subscribers.”

A filing from the groups Common Cause, Consumers Union, New America’s Open Technology Institute, Public Knowledge and Writers Guild of America West essentially agreed with the American Antitrust Institute’s findings, noting removing two market disruptive competitors by combining them into one would hurt novel wireless plans that are unlikely to be introduced by companies going forward.

Rivals, especially AT&T and Verizon, have remained silent about the merger. That is not surprising, considering T-Mobile and Sprint have forced the two larger providers to match innovative service plans, bring back unlimited data, and reduce prices. A combined T-Mobile and Sprint would likely reduce competitive pressure and allow T-Mobile to comfortably charge nearly identical prices that AT&T and Verizon charge their customers.

Smaller competitors are concerned. Rural areas have been largely ignored by T-Mobile, and Sprint’s modestly better rural coverage has resulted in affordable roaming arrangements with independent wireless companies. Sprint has favored reciprocal roaming agreements, allowing customers of independent carriers to roam on Sprint’s network and Sprint customers to roam on rural wireless networks. T-Mobile only permits rural customers to roam on its networks, while T-Mobile customers are locked out, to keep roaming costs low. Groups like NTCA and the Rural Wireless Association shared concerns that the merger could leave rural customers at a major disadvantage.

Many Wall Street analysts that witnessed the AT&T/T-Mobile merger flop are skeptical that regulators will allow the Sprint and T-Mobile merger to proceed. The risk of further consolidating the wireless industry, particularly after seeing T-Mobile’s newly aggressive competitive stance after the AT&T merger was declared dead, seems to prove opponents’ contentions that only competition will keep prices reasonable. Removing one of the two fiercest competitors in the wireless market could be a tragic mistake that would impact prices for a decade or more.

The American Antitrust Institute reminded regulators:

In 2002, there were seven national wireless carriers in the U.S.: AT&T, Verizon, Sprint, T-Mobile, Nextel, AllTel, and Cingular. In a consolidation spree that began in 2004, Cingular acquired AT&T. This was followed by Sprint’s acquisition of Nextel in 2005—a merger that has been called one of the “worst acquisitions ever.” At the time of the merger, Sprint and Nextel operated parallel networks using different technologies and maintained separate branding after the deal was consummated. The company lost millions of subscribers and revenue in subsequent years in the wake of this costly and confused strategy.

In 2009, Verizon bought All-Tel. This was followed by AT&T’s unsuccessful attempt to buy T-Mobile in 2011 and T-Mobile’s successful acquisition of mobile virtual network operator (MVNO) Metro PCS. The DOJ and the FCC forced the abandonment of the AT&T-T-Mobile deal. Like Sprint-T-Mobile, it was also a 4-3 merger that would have eliminated T-Mobile, a smaller, efficient, and innovative player that set the industry bar high for the remaining rivals.

AT&T’s rationale that the merger with T-Mobile was essential for expanding to the then-impending 4G LTE network technology also did not pass muster. In August of 2014, two years after the abandoned attempt, Forbes magazine concluded that there would have been “no wireless wars without the blocked AT&T-T-Mobile merger.”

Go ahead, enjoy a free trial and locate (within 100 yards) your ex-boyfriend or girlfriend, husband, wife, or friends. This online demo had few security checks to keep unauthorized users out, despite claims consent was required. (Image courtesy of: Krebs on Security)

A company best known for providing phone service to prisoners and monitoring inmate locations has sold access to the whereabouts of almost every powered-on cellphone in the country without verifying a court order, thanks to a lucrative partnership with America’s top four cell phone companies.

The service, provided by Securus, has proved a handy tool for law enforcement agencies nationwide, allowing one former sheriff of Mississippi County, Mo., to track the whereabouts of a judge and members of the State Highway Patrol, all without their consent.

The New York Times reported in May that despite repeated assurances from cell phone companies that location data sold to third parties would not include personally identifiable information, it now appears in fact, it often does, and not just information about a particular company’s own customers.

Securus’ location service has been available since at least 2013, although some claim the service has been active for much longer than that, and after recent attention from Congress, Verizon, AT&T, and Sprint have announced they will suspend the sale of location data to most third parties as soon as contract termination notices can be sent.

The industry’s commitments to customer privacy appear to be tissue thin, based on the confidential contracts companies like Verizon and AT&T sign with third-party data aggregators, who in turn resell each provider’s location service to an even broader range of companies. Sen. Ron Wyden (D-Ore.) called the contracts “the legal equivalent of a pinky promise” in a letter sent to the Federal Communications Commission.

Verizon, T-Mobile, AT&T, and Sprint all have contracts with two of the country’s largest resellers of location data – LocationSmart and Zumigo. The contracts allow the two firms to pull cellphone users’ locations in real time and sell that information to other companies, including Securus. The contracts claim to need users’ consent before their location information can be revealed, which is either done in an app directly requesting location data or in a thicket of fine print terms and conditions most consumers never read. There is scant evidence cell phone companies independently audit consent records, which means a company or app author could claim blanket consent.

Securus never had a contact with many of the people it tracked — often those suspected of a crime or law enforcement officers. Securus operates its service under provisions permitting law enforcement to access location data without the consent of those being tracked, as long as the law enforcement agency attests to the legality of its request. Laws requiring court orders to track cellphone users vary considerably in different states. Some require a judge’s signature on a court order, others demand a notarized statement from a law enforcement official, while others require no independent review at all.

Cell phone companies may have a loophole to escape legal culpability for revealing private personal location information to unauthorized third parties. Privacy laws have never offered strong privacy protections to consumers for telecommunications services. In March 2017, the Republican majority in Congress stripped what privacy protections did exist during the Obama Administration in a mostly party-line vote condemned by Democrats. After the rules were repealed, mobile providers can track and share people’s browsing and app activity without permission. Several Democrats warned the move would lead to an eventual scandal when providers were caught collecting and selling sensitive personal information without customer consent.

As long as they are following their own voluntary privacy policies, carriers “are largely free to do what they want with the information they obtain, including location information, as long as it’s unrelated to a phone call,” Albert Gidari, the consulting director of privacy at the Stanford Center for Internet and Society and a former technology and telecommunications lawyer told the New York Times. If a cellphone is powered on, constantly updated location information accurate within a few hundred feet is available for sale.

Because cell phone companies work with third-party aggregators, they can claim any privacy violations could be the result of unauthorized or inappropriate use of their location tools. But finding which company ultimately violated a consumers’ privacy requires investigative work because services like LocationSmart also sell services to other aggregators, who in turn sell services to a myriad of companies. That is what appears to have happened with Securus, who accessed location services through a mobile marketing company called 3Cinteractive, which in turn has a contract with LocationSmart. That means a provider can claim at least three layers of possible third-party liability, because requests moved through several hands:

Example: Law enforcement agency request -> Securus -> 3Cinteractive -> LocationSmart -> Verizon

Although law enforcement agencies are supposed to upload legal documents proving informed consent laws do not apply to a particular request, it appears the validity of those documents was not independently verified.

“Securus is neither a judge nor a district attorney, and the responsibility of ensuring the legal adequacy of supporting documentation lies with our law enforcement customers and their counsel,” a Securus spokesman said in a statement. Securus offers services only to law enforcement and corrections facilities, and not all officials at a given location have access to the system, the spokesman added.

But those that did could abuse the system with few consequences. In fact, a security hole left open for a year by LocationSmart appears to have let almost anyone use the service to find friends, family, or anyone else, thanks to a helpful free demo for prospective clients revealed by Robert Xiao, a security researcher at Carnegie Mellon University:

LocationSmart’s demo is a free service (Editor’s Note: the demo has since been locked down) that allows anyone to see the approximate location of their own mobile phone, just by entering their name, email address and phone number into a form on the site. LocationSmart then texts the phone number supplied by the user and requests permission to ping that device’s nearest cellular network tower.

Once that consent is obtained, LocationSmart texts the subscriber their approximate longitude and latitude, plotting the coordinates on a Google Street View map. [It also potentially collects and stores a great deal of technical data about your mobile device. For example, according to their privacy policy that information “may include, but is not limited to, device latitude/longitude, accuracy, heading, speed, and altitude, cell tower, Wi-Fi access point, or IP address information”].

But according to Xiao, a PhD candidate at CMU’s Human-Computer Interaction Institute, this same service failed to perform basic checks to prevent anonymous and unauthorized queries. Translation: Anyone with a modicum of knowledge about how Web sites work could abuse the LocationSmart demo site to figure out how to conduct mobile number location lookups at will, all without ever having to supply a password or other credentials.

“I stumbled upon this almost by accident, and it wasn’t terribly hard to do,” Xiao said. “This is something anyone could discover with minimal effort. And the gist of it is I can track most peoples’ cell phone without their consent.”

Obtaining customer consent to share location details appears to not always be a priority of the location data resellers. For them, a lucrative business depends on easy access to location information that can be sold for targeted marketing campaigns (such as texting a coupon offer when entering a store or sending a special offer if you appear to be visiting a competitor’s store), tracking packages, service calls, or deliveries (such as tracking the cable repair technician, the location of your pizza, or where the parcel service driver is with a package you ordered), or allowing your bank to flag a suspicious credit card transaction when they discover your cellphone is nowhere near the store where the purchase just occurred.

Wyden

The personal risks of unauthorized access are too numerous to count, starting with former boyfriends or girlfriends cyberstalking one’s live location, criminals tracking a target, and law enforcement officials violating your rights.

The revelations in the New York Times, published on May 10, have attracted the sudden attention from America’s largest cell phone companies this week because of Sen. Wyden’s letter informing them they are under scrutiny. No cell phone company wants to endure the media spotlight Facebook has been under since revelations it exposed the personal data of as many as 87 million users without their consent. The carriers, except for T-Mobile, have announced a lock-down.

Verizon: Verizon Communications pledged to stop selling individual customer locations to data brokers, and will wind down contracts with LocationSmart and Zumigo, a competing data aggregator. “We will not enter into new location aggregation arrangements unless and until we are comfortable that we can adequately protect our customers’ location data,” Verizon privacy chief Karen Zacharia wrote in a June 15 letter to Wyden. Verizon did not explain why it took at least two years for the lock-down to begin.

AT&T: Said it “will be ending our work with aggregators for these services as soon as practical in a way that preserves important, potential lifesaving services like emergency roadside assistance.”

Sprint: “Suspended all services with LocationSmart” last month and “is beginning the process of terminating its current contracts with data aggregators to whom we provide location data.” A spokeswoman said that effort “will take some time in order to unwind services to consumers, such as roadside assistance and fraud prevention services.”

T-Mobile: Stopped short of terminating agreements, T-Mobile executives told Wyden it “started one of our periodic reviews several months ago and selected a third-party to assess this program.”

Securus: Securus spokesman Mark Southland said in a statement that the company adheres to its contract, adding that cutting off law enforcement access to location tools “will hurt public safety and put Americans at risk.”

Read the full letters from America’s top-four mobile companies:

• Verizon
• Sprint
• T-Mobile
• AT&T

The head of T-Mobile USA claims a merged T-Mobile and Sprint will be the best positioned to quickly deliver 5G wireless service to Americans, despite claims from industry insiders Legere’s claim is little more than vaporware.

“Only the new T-Mobile will have the network and spectrum capacity to quickly create a broad and deep 5G network in the first few years of the 5G innovation cycle, the years that will determine if American firms lead or follow in the 5G digital economy,” T-Mobile CEO John Legere claimed during the April 29th merger announcement.

But the 5G network Legere is referring to is little better than T-Mobile’s existing 4G LTE network, and won’t be capable of delivering gigabit speeds or an in-home broadband replacement.

Broadband expert Dave Burstein characterizes T-Mobile’s audacious 5G claims as part of a campaign to “bamboozle D.C.” to win merger approval.

It turns out T-Mobile is not talking about the same 5G technology under development at AT&T and Verizon, which both use millimeter wave networks and small cell antennas.

T-Mobile’s version of 5G is a already appearing elsewhere around the world — a new definition incremental upgrade for 4G LTE, “70-90 percent slower than the good stuff — millimeter wave,” claims Burstein.

“Folks building LTE-speed networks wanted to be called ‘5G’ and take advantage of the massive hype,” Burstein wrote. “So they made ‘New Definition 5G’ with a PR campaign and a minor software tweak, dubbed ‘NR’ for New Radio. 4G LTE networks [suddenly] became ‘5G.’ Every engineer in the business knows this is a scam.”

T-Mobile’s version of ‘5G’ is likely to appear on its spectrum in the 600 MHz range, easily deployed from existing cell towers and relatively cheap and easy to launch. It won’t deliver anything close to the speed or capacity improvements being claimed by Legere and a few others in the industry.

“Legere is swearing to Washington the T-Mobile 640 MHz 5G NR network will be many times faster than LTE,” Burstein said. “That isn’t true, of course. It’s far more likely to be only 25%-50% faster, or perhaps less. It may even be slower than the 500 MHz LTE/LAA T-Mobile already has in Manhattan.”

China claims to be ahead of the United States — another issue being pushed by T-Mobile merger supporters to “regain” America’s “lead” on 5G — by deploying its own version of 5G similar to the ‘new definition’ version of 5G Burstein talks about. The Trump Administration has even contemplated nationalizing America’s 5G network infrastructure to share benefits among all leading wireless carriers, if only to speed deployment and generate new demand for network equipment produced in the United States — not China.

But a closer look at China Mobile’s version of 5G finds the company installing approximately two million “mid-band” 5G cellular antennas that will work at 3.7 GHz. It isn’t the millimeter wave 5G technology contemplated by AT&T and Verizon, and won’t deliver much faster speeds than China Mobile’s existing 4G LTE infrastructure. Instead, it will help China Mobile better manage its bandwidth demand with a network at least twice as large as that of AT&T or Verizon.

Critics of ‘new definition 5G’ call the technology “evolutionary, not revolutionary.”

What makes millimeter wave 5G technology superior is the wide swath of dedicated spectrum typically available for wireless broadband. Some companies will have 400 to 800 MHz of frequencies available to support millimeter wave 5G, while the maximum spectrum for LTE is around 100 MHz. That extra millimeter wave spectrum has delivered up to 20 Gbps speeds in the lab, and Verizon is contemplating selling gigabit speed service to its fixed wireless customers using the technology sometime this year.

Despite Legere’s boastful claims, Burstein warns politicians and regulators they need to learn that T-Mobile’s type of “5G” is no longer “a big thing in most cases.” Even seasoned regulators like Jessica Rosenworcel and Ajit Pai at the FCC have incorrectly confused new definition 5G with millimeter wave 5G. Others, including Andrus Ansip at the EU and several Chinese leaders, have made similar mistakes as part of boastful claims about future network performance.

Burstein says it is a case of not listening to network engineers, who know the difference.

“They have engineers at the FCC,” Burstein said. “If they listen to the engineers, they will know the [merger] deal is not in the public interest.”