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More DMCA Overreach: Unlocking Your Cellphone is Now Illegal in USA

propertyThe Digital Millennium Copyright Act strikes again.

Effective this week, a temporary provision that protected consumers taking their existing, newly-unlocked phone to another carrier has expired. As a result, anyone who attempts to unlock a cell phone without permission could be liable for up to $1,000,000 in fines, imprisonment for up to ten years, or both. Phone companies are exempt, but the customers who purchase phones from them are not.

The DMCA was never specifically written to stop customers from moving phones between wireless companies, but because its provisions are so broad, the Act caused a number of unintentional problems that leave copyright lawyers at the Electronic Frontier Foundation scratching their heads.

“This shows just how absurd the Digital Millennium Copyright Act is: a law that was supposed to stop the breaking of digital locks on copyrighted materials has led to the Librarian of Congress trying to regulate the used cellphone market,” says EFF attorney Mitch Stoltz.

The DMCA’s overly broad provisions are slightly tempered by the Library of Congress, which maintains an extensive exemptions list designed to cover for the law’s more ridiculous overreaching consequences. But those exemptions only last three years, and the one covering cell phone unlocking expired Sunday.

Jailbreaking your phone to strip away carrier-installed and mandated bloatware remains technically legal, but you won’t get far taking your phone to another provider without getting your current carrier’s permission. Some companies will gladly unlock cell phones for customers who have maintained an account for a certain number of days or have fulfilled their two-year service contract. But not all.

If your current phone company wants you to stay, your only recourse may be to buy a new cell phone from your new provider, who may never want you to leave either.

Verizon Wireless Earns More from Wireless Data Traffic That Costs Them Less

Phillip Dampier January 28, 2013 Competition, Consumer News, Data Caps, Editorial & Site News, Verizon, Wireless Broadband Comments Off on Verizon Wireless Earns More from Wireless Data Traffic That Costs Them Less

verizoncattleVerizon Wireless has been making a killing herding customers into its Family Share data plans.

Originally introduced last year, Verizon charges outrageously high prices for a paltry mobile data allowance that can be shared (think Oliver Twist on a diet) with other wireless devices attached to your plan.

The company’s latest financial report shows growth in average revenue earned from each account shot up 6.6 percent in the fourth quarter to a budget-busting $146.80 a month. The more Verizon can push customers to its shared data platform, the richer the company will get. With just 23 percent of Verizon customers currently on such plans, there is plenty of room for even more earnings.

Even though the value for money has deteriorated, Verizon has placed its data plans on a usage allowance diet for two years running.

Originally, Verizon charged $29.99 a month for unlimited data usage. In 2011, the company kept the price the same but slapped on a 2GB monthly allowance. This year, new customers pay $50 for just 1GB of data on the company’s data share plan.

The lower the limit and the more devices added to your wireless account, the more money Verizon will collect as customers are forced to upgrade to more expensive plans with more generous data usage allowances.

At the same time, Verizon’s network costs are dropping because the company’s LTE 4G network is five times more efficient moving data than the older 3G network it may eventually replace.

Snow Day: Missouri Businesses Temporarily Close Because Kids Home Online Clog Windstream’s DSL

Phillip Dampier January 28, 2013 Broadband Speed, Competition, Public Policy & Gov't, Rural Broadband, Windstream Comments Off on Snow Day: Missouri Businesses Temporarily Close Because Kids Home Online Clog Windstream’s DSL

Fiber Dreams are Gone With the WindstreamWhen inclement weather forces Wayne County, Mo. schools to close, some area businesses in Piedmont also send employees home because their Windstream Communications’ DSL Internet speeds slow to a crawl.

“People feel they are paying for a service they are not getting,” Missouri state Rep. Paul Fitzwater told Windstream. “I get emails every day, letters, telephone calls. The other day there was a water main break and school was closed. Some of the businesses had to shut down because of reduced Internet speeds because the kids were online playing games.”

Fitzwater complained to Windstream officials that broadband issues are so bad in the region, it is affecting the local economy.

“McAllister Software is a major employer, employing around 140 people,” Fitzwater said. “They are vital to the local economy and they need Internet service. There were about 45 hours last year that they had to shut their doors because they had no Internet.”

Fitzwater

Fitzwater

Windstream plans broadband feast or famine for southeast Missouri’s Wayne County, with well-populated communities getting some broadband service improvements while more rural areas continue to go without high speed Internet.

“Windstream has made it clear that they have no plans to invest in areas where they don’t feel they can be profitable,” said Piedmont Area Chamber of Commerce president Scott Combs.

With no cable broadband competition in rural parts of Missouri, customers can take Windstream DSL or leave it. With no major competitive pressures, Windstream has taken its time to manage capacity upgrades and extend service.

When the kids are home from school, browsing speeds crawl because Windstream lacks sufficient capacity in the region. The company’s last fiber backbone upgrade made little difference, according to the Journal-Banner. Customers regularly find DSL speeds in the Piedmont area slow to 80-100kbps, about twice what dial-up customers receive. The speeds also degrade during evenings and weekends, when more users are online.

“Obviously, this is a problem in the area,” Fitzwater said. “There are a lot of people that come through the Piedmont area annually due to tourism—two to three million each year. When I was going door-to-door campaigning, Internet speed was the number one issue of constituents. Everyone I met with, the Internet was all they wanted to talk about.”

At the local Wal-Mart, customers compete to tell the worst Windstream DSL horror story.

Windstream’s rural service area in southeast Missouri is served by 11 remote switches. Only one — provisioned for McAllister Software — is fed by fiber. The others are served by copper. The city of Piedmont is served by three D-SLAMS which help extend Internet to more distant sections of town. Even Windstream admits their current infrastructure is inadequate and plans to improve Piedmont’s broadband service in the near future.

But after Piedmont’s service is upgraded, the rest of southeast Missouri will just have to grin and bear it. Windstream says it plans no further upgrades in 2013 and beyond because spending money on extending improved Internet service costs too much and is not financially feasible.

piedmontFor rural customers who remain without service, Windstream suggests they sign up for satellite broadband service, which also delivers slow speeds and very low usage allowances.

In 2009, Windstream won a $10.3 million grant for rural broadband projects. The money was not spent in Piedmont, however. Instead, Windstream used the funds for projects in Greenville and Wappapello, which also suffer from inadequate service.

Without further upgrades, customers are guaranteed additional speed degradation throughout the county. Those customers are angry.

Combs says Windstream is effectively engaged in bait and switch broadband marketing, promising customers 3Mbps service and delivering a small fraction of that speed during peak usage periods.

“I believe that Windstream, by taking money from customers that are being billed for 3Mbps download service (and greater), are obligated to provide that service,” Combs writes. “It is unethical and possibly illegal to charge customers for services that you have no capability or intention of delivering.”

Despite admissions from the company it faces growing usage and capacity issues, Windstream keeps marketing its broadband service to new customers, and charges voice-only customers more than those who bundle both voice and broadband, which only increases demand further.

“[Windstream has] no qualms about selling new accounts or ‘upgrading’ services on a system [it knows] cannot handle the additional pressure. How can this possibly be anything short of fraud?” asks Combs.

AT&T Shutting Down Its Alaskan WiMAX Service Jan. 31

wimaxAT&T’s WiMAX Internet service in Alaska will be switched off Jan. 31, forcing rural Alaskan customers to find an alternative for inexpensive wireless service in areas where DSL or cable broadband is unavailable.

The company stopped signing up new customers last March and has been repeatedly notifying existing customers they will need to find an alternative service soon.

AT&T is shutting off the aging WiMAX network, which delivered up to 2Mbps service at prices starting at around $20 a month, in favor of newer wireless broadband services, including AT&T’s LTE 4G service and Wi-Fi hot spots.

AT&T is recommending customers switch to one of its mobile broadband plans. But WiMAX customers are likely to experience sticker shock when they see the difference in price.

AT&T charges $40 a month for just 1GB of usage plus an additional $20 a month device fee on its Mobile Share Device Data Plan.

Telecom Lobbyists Flood Media With Hit Pieces Against New Book Criticizing Telecom Monopolies

targetSusan Crawford’s new book, “Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age,” is on the receiving end of a lot of heat from industry lobbyists and those working for shadowy think tanks and “consumer groups.”

Most of the critics have not disclosed their industry connections. Stop the Cap! will.

Crawford’s premise that Americans are suffering the impact of an anti-competitive marketplace for broadband just doesn’t “add up,” according to Zack Christenson and Steve Pociask, both with the American Consumer Institute Center for Citizen Research.

Christenson and Pociask’s rebuttal of Crawford’s conclusions about broadband penetration, price, and its monopoly/duopoly status relies on industry-supplied statistics and outdated government research. For instance, the source material on wireless pricing predates the introduction of bundled “Share Everything” plans from AT&T and Verizon Wireless that raised prices for many customers.

Their proposed solutions for the problems of broadband access, pricing, and competition come straight from AT&T’s lobbying priority checklist:

  • Free up more wireless spectrum, which is likely to be acquired by existing providers, not new ones that enter the market to compete;
  • Allow AT&T and other phone companies to abandon current copper-based networks, which would also allow them to escape legacy regulations that require them to provide service to consumers in rural areas.

One pertinent detail missing from the piece published in the Daily Caller is the disclosure Pociask is a a telecom consultant and former chief economist for Bell Atlantic (today Verizon). The “American Consumer Institute” itself is suspected of being backed by corporate interests from the telecommunications industry. ACI has closely mirrored the legislative agendas of AT&T and Verizon, opposing Net Neutrality, supporting cable franchise reform that allowed U-verse and FiOS to receive statewide video franchises in several states, and generally opposes government regulation of telecommunications.

Critics for hire.

Critics for hire.

The so-called consumer group’s website links primarily to corporate-backed astroturf and political interest groups that routinely defend corporate interests at the expense of consumers. Groups like the CATO Institute, the Competitive Enterprise Institute, the Koch Brother-backed Heartland Institute, and the highly free-market, deregulation-oriented James Madison Institute are all offered to readers.

The Wall Street Journal trotted out Nick Schulz to handle its book review. Schulz is a fellow at the American Enterprise Institute, which is funded by corporate contributions to advocate a pro-business agenda.

Schulz attempts to school Crawford on the definition of “monopoly,” eventually suggesting “oligopoly” might be a more precise way to state it.

“Washington’s fights over telecommunications—and just about every other industrial sector—could use a lot less militancy and self-righteousness and a lot more sound economics,” concludes Schulz, while ignoring the fact interpretation of what constitutes “sound economics” is in the eye of the beholder. All too often those making that determination are backed by self-interested corporate entities with a stake in the outcome.

Hance Haney from the Discovery Institute claims Crawford’s conclusions are “misplaced nostalgia for utility regulation.” Haney cites AT&T’s breakup as the spark for competition in the telecommunications sector and proof that monopolies cannot stand when voice, video, and data service from traditional providers can be bypassed. That assumes you can obtain those services without the broadband service sold by the phone or cable company (that also likely owns your wireless service provider and controls access to cable television programming).

Haney also ignores the divorce of Ma Bell has been amicably resolved. AT&T and Verizon have managed to pick up most of their former constituent pieces (the Baby Bells) and today only “compete” with one another in the wireless sector, where each charges identically-high prices for service.

Crawford

Crawford’s critics often share a connection with the industry she criticizes in her new book.

Haney places the blame for these problems on the government. He argues exclusive cable franchise agreements instigated the lack of cable competition and allowed “hidden cross-subsidies” to flourish, causing the marketplace to stagnate. Haney’s argument ignores history. In the 1970s, before the days of USA, TNT and ESPN, the two largest cable operators TelePrompTer and TCI nearly went bankrupt due to excessive debt leverage. With a very low initial return on investment, exclusive cable franchise agreements were adopted by cities to attract cable providers to wire their communities. Wall Street argues to this day that there is no room for a high level of competition for cable because of infrastructure costs and the unprofitable chase for subscribers that will be asked to cover those expenses. Government was also not responsible for the industry drumbeat for consolidation, not competition, to protect turfs and profits.

The cable industry repeated that argument with cable broadband service, claiming oversight and regulations would stifle innovation and investment. The industry even won the right to exclude competitors from guaranteed access to those networks, claiming it would make broadband less attractive for future investment and expansion.

Haney never discloses the Discovery Institute was founded, in part, to support the elimination of government regulation of telecommunications networks. Broadband Reports also notes the Discovery Institute is subsidized by telecom carriers to make the case for deregulation at all costs.

The Discovery Institute is essentially a PR firm that will present farmed science and manipulated statistics for any donating constituents looking to make a political point.

Broadband for America, perhaps the largest industry-backed astroturf telecom group in the country and itself cited as a source by the American Consumer Institute, seized on the criticism of Crawford’s book for its own attack piece. But every book critic mentioned has a connection to the telecom industry or has ties to groups that receive substantial telecom industry contributions.

NetCompetition chairman Scott Cleland, who accused Crawford of cherry picking information, does not bother to mention NetCompetition is directly funded by the same telecom industry Crawford’s book criticizes. Cleland in fact works to represent the interests of his clients: large phone and cable operators.

Randolph May’s criticism of Crawford’s book is unsurprising when one considers he is president of the Free State Foundation, a special interest group friendly to large telecom companies. FSF also supports the work of the American Legislative Exchange Council (ALEC), a group with strong ties to AT&T.

Richard Bennett, who once denied to Stop the Cap! he worked for a K Street lobbyist (he does), attacked the book on behalf of his benefactors at the Information Technology and Innovation Foundation, a group Reuters notes  receives financial support from telecommunications companies. He also received a $20,000 stipend from Time Warner Cable.

In fact, Broadband for America could not cite a single source criticizing Crawford’s book that does not have ties to the industry Crawford criticizes.

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