Insiders at the Federal Communications Commission have leaked word all five commissioners have cast their votes in favor of a controversial partnership deal between Verizon Wireless and the nation’s largest cable operators to cross-market products and services to customers.

Three Democrats and two Republicans have approved both the marketing agreement and a spectrum transfer deal from cable operators to Verizon Wireless.  Republicans did not approve of an order mandating a data roaming obligation or the recognition the FCC has the authority to oversee the marketing agreement, but both will remain part of the final order.

The Justice Department earlier approved the modified deal that includes a time limit on the marketing partnership and restricts certain cross-marketing in FiOS-wired areas.

FCC chairman Julius Genachowski said the spectrum transfer was urgently needed to address wireless spectrum shortages. But consumer groups opposed the deal, calling it anti-competitive and anti-consumer. Some unions also say the deal comes close to collusion and will lead to Verizon further pulling back from its fiber upgrade FiOS in favor of selling cable subscriptions.

T-Mobile is proving once again that as an independent cell phone provider, it is prepared to be a scrappy competitor for your wireless dollar. America’s fourth largest cell phone company today announced it was getting into an emerging “unlimited data” war with its larger competitor Sprint and smaller contender MetroPCS, announcing it will bring back a truly unlimited data plan for its customers.

“We want to double-down on worry-free (marketing),” said Harry Thomas, T-Mobile’s director of marketing. “We want to eliminate the situation of ‘Do I want to stream Netflix for kids or worry about data overage?’ ”

Starting Sept. 5, T-Mobile’s Unlimited Nationwide 4G Data plan will be available for $20 per month when added to a Value voice and text plan or $30 per month when added to a Classic voice and text plan. For example, a single line Value plan with unlimited talk and text combined with unlimited nationwide 4G data will cost $69.99 or a single line Classic plan with unlimited talk, unlimited text and unlimited nationwide 4G data will cost $89.99.  The plan cannot be combined with Smartphone Mobile Hotspot/tethering. Customers who want to share their phone’s data service with other devices will have to choose between a 5GB or 10GB add-on option instead.

TmoNews obtained this screen shot courtesy of an anonymous employee at T-Mobile USA.

T-Mobile says their new unlimited 4G data plan comes without tricks or traps, promising no data caps, speed limits/throttles or bill shock from overlimit fees. But like every provider, T-Mobile will have a provision in its terms of use that allows it to cut the data usage party short in cases of exceptionally extraordinary usage, but the company says it will enforce that only in the most extreme cases.

“We’re big believers in customer-driven innovation, and our Unlimited Nationwide 4G Data plan is the answer to customers who are frustrated by the cost, complexity and congested networks of our competitors,” said Kevin McLaughlin, vice president, marketing, T-Mobile USA.  “Consumers want the freedom of unlimited 4G data. Our bold move to be the only wireless carrier to offer an Unlimited Nationwide 4G Data plan reinforces our value leadership and capitalizes on the strength of our nationwide 4G network.”

T-Mobile doesn’t consider Sprint’s “truly unlimited” plan in the same class, because it currently operates on a much slower “4G” standard called WiMAX, which Sprint is moving rapidly away from. Many T-Mobile customers use the company’s 4G-like HSPA+ network for data, which offers respectable speeds if your phone supports the standard (the Apple iPhone, for example, does not.) T-Mobile is moving forward on its own upgrade to 4G LTE starting in 2013.

T-Mobile’s announcement comes one day after MetroPCS, a regional carrier, announced its own limited-time promotion offering unlimited talk, text, and data for $55 a month (up to three additional lines can be added for $50 a month each). Once a customer signs up for the unlimited service promotion, they can keep it as long as they remain a customer.

The two attention to unlimited data plans from the three carriers are in marked contrast to AT&T and Verizon Wireless, which have both moved to curb unlimited use plans — switching customers to usage allowances and overlimit fees. Both companies, considerably larger than any of their competitors, claim unlimited data is impossible to offer because of wireless spectrum shortages and the expense of continually upgrading networks to meet demand.

But this does not seem to pose any problem for Sprint, T-Mobile, or MetroPCS.

Wall Street believes the new interest in unlimited data is a marketing move to differentiate the smaller companies from the two dominant providers.

Wells Fargo analyst Jennifer Fritzsche wrote in a research note to her investor clients that T-Mobile is strategically re-positioning itself in the market to attract new customers.

“We believe T-Mobile felt the need to make some change in order to attract attention,” wrote Fritzsche.

Other analysts believe T-Mobile needed a “game-changing” marketing move to help it recover from its ongoing losses of contract customers. The company has been losing just over 500,000 “branded” contract customers every quarter for the last year.

The pricing and service changes may require Sprint to revisit its current rates.

Sprint’s $109.99 Simply Everything plan offers unlimited data, text, and voice — and runs $20 higher per month than T-Mobile’s forthcoming offer, $55 more than MetroPCS.

AT&T is being fingered as the party responsible for rendering Oakland’s $18 million dollar P25 digital public safety radio communications system unreliable, because police and fire radios are often inoperable near the company’s cell towers.

After more than a year of repeated failures and complaints from Oakland police over garbled communications, dead spots, and reception problems, investigators dispatched from the Federal Communications Commission finally identified the source of most of the problems: AT&T.

“If the officer is in an area close to one of their cell sites, essentially the cell site overpowers their radios,” said David Cruise, Oakland’s public safety systems adviser.

The system, built by Harris Corporation of Melbourne, Fla. is suspected of being intolerant of strong cell signals operating on nearby frequencies. The digital nature of the system means degraded communications often go unheard, and firefighters and police officers have complained loudly and repeatedly they have been unable to summon dispatchers while experiencing interference problems. The investigation found the problems are worst within a quarter to a half-mile from one of AT&T’s many cell sites.

The source of the interference is AT&T’s 2G network, operated on 850MHz. Oakland’s public safety P25 system operates on multiple frequencies nearby from 851-854MHz.

Under federal law, public safety communications have priority over cell phone service, and AT&T has cooperated by shutting down 2G service on 850MHz on at least 16 cell towers, immediately reducing complaints from police officers and firefighters.

“AT&T would never do anything to jeopardize law enforcement,” AT&T spokesman John Britton told the San Francisco Chronicle. “This spectrum has been out there since the 1990s. Thursday or Friday was the first time we were notified by Oakland. We reacted quickly.”

AT&T won’t say exactly how many cell sites are located in Oakland, but there are more than 1,000 AT&T-owned towers across the greater San Francisco Bay Area. Oakland officials plan to press AT&T to shut down more 2G data service on 850MHz until a solution can be found.

AT&T says only customers with the oldest phones are likely to notice the network shutdowns, because most current customers use 3G or 4G data service, which has not posed an interference problem. AT&T says it still maintains 2G service in San Francisco on 1900MHz, which should be accessible to customers with older phones, although the service may not operate as well on the higher frequency band when obstructions are present between a cell phone user and the nearest cell tower.

Representatives for law enforcement personnel hope the city is on the right track, but point out the Harris-built digital radio system has been nothing but trouble since it was first activated. The system has suffered repeated glitches, does not work inside hundreds of area buildings, and failed the night President Obama visited Oakland in July. Some critics note the Harris system does not even provide reception in the basement of Oakland’s police headquarters.

City officials are also investigating other contributing potential sources of interference, including T-Mobile, which also operates on similar frequencies in the area.

Ironically, the interference problem may have begun after Sprint Nextel committed to spending over a billion dollars to cover the costs of relocating public safety communications further away from its own cellular frequencies. Sprint Nextel paid $10.5 million to move Oakland’s radio system to a frequency further from its own network, but as it turns out, closer to AT&T’s.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCBS San Francisco Oakland Police Radios Failed During Presidents Visit 7-26-12.mp4[/flv]

KCBS in San Francisco has been pursuing the dilemma of Oakland’s public safety communications system for months. Back in July, police were alarmed when the radio system failed the night President Obama arrived in town.  (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCBS San Francisco Closer Look Oakland Police Fed Up With Flawed Radio System 8-14-12.mp4[/flv]

Oakland police are fed up with the year-old $18 million dollar emergency radio system that they say simply does not work. KCBS investigates in this mid-August report.  (4 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCBS San Francisco ATT Cellphone Towers Blamed For Oakland Police Radio Failures 8-21-12.mp4[/flv]

Investigators from the Federal Communications Commission finally identified a major source of Oakland’s radio problems: AT&T cell sites.  (2 minutes)

AT&T and Verizon: The Doublemint Twins of Wireless

In an unsurprising move, AT&T has followed Verizon Wireless and announced it has discontinued subsidies for wireless tablet devices.

Engadget received word from an AT&T insider the company has withdrawn subsidies often amounting to $150 off the devices in return for a two-year contract. The subsidies helped defray the more costly ($400+) 3G/4G-capable units most consumers bypass in favor of less expensive Wi-Fi-only tablets. Verizon Wireless stopped subsidizing tablets in June.

Consumers can still buy the devices at full price from AT&T, and in another move, AT&T slightly reduced its DataConnect pricing by $5:

• 250MB for $14.99
• 3GB for $30
• 5GB for $50
• Tethering to an existing shared data plan is available for an extra $10

AT&T also announced it was planning to limit the use of Apple’s FaceTime exclusively to those who agree to switch to the company’s new “Mobile Share” plans. AT&T will not allow customers with older individual or family use plans to use the popular video conferencing service over its mobile broadband network at any price.

The official statement, first reported by 9 to 5 Mac:

AT&T will offer FaceTime over Cellular as an added benefit of our new Mobile Share data plans, which were created to meet customers’ growing data needs at a great value. With Mobile Share, the more data you use, the more you save. FaceTime will continue to be available over Wi-Fi for all our customers.

AT&T is able to introduce these types of restrictions because of the failure of the Federal Communications Commission to enforce Net Neutrality protection on wireless networks. Net Neutrality would require carriers to treat online content, applications, and services equally, allowing customers to use and pay for the services of their choice.

Wireless carriers fought Net Neutrality claiming it would harm efforts to technically manage their networks and would ultimately discourage investment. But AT&T’s arbitrary, non-technical restriction of FaceTime suggests the company is actually pushing customers to the more-profitable service plans AT&T favors.

Wood

Consumer group Free Press policy director Matt Wood:

“These tactics are designed with one goal in mind: separating customers from more of their money each month by handicapping alternatives to AT&T’s own products.  If customers want to use FaceTime on AT&T’s mobile network, then they have buy a more expensive monthly data plan with extra voice minutes and texts they’ll never use thrown in. Blocking mobile FaceTime access for much of its user base may be a win for AT&T but it’s a losing proposition for the rest of us.

“It’s not supposed to be this way. The Net Neutrality protections in place today for wireless are too weak, but at least prevent carriers from blocking these types of apps. The FCC’s rules prohibit such blatantly anti-competitive conduct by wireless companies. Such behavior would be a problem no matter what Internet platform you choose. It would be unimaginable on your home broadband connection. Apple’s FaceTime comes pre-installed on a Macbook Pro, too, but no home broadband provider would dream of blocking the app there unless you’d signed up for a more expensive data plan.

“The FCC’s Open Internet order aside, AT&T’s latest scheme to make you pay more for less would never fly if we had real competition in the wireless marketplace. Instead, we have Ma Bell’s twin offspring running amok and forcing consumers onto ridiculous plans that make them pay for the same data twice. It’s only going to get worse until lawmakers recognize the problem and act to solve this competition crisis.”

While AT&T will block many customers from using FaceTime, a competing service from Skype remains unaffected.