Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Bill aims to limit wireless early termination fees; Do we need this?

By | December 3, 2009, 2:04pm PST

Summary: Washington lawmakers, upset with the way the wireless industry is handling early termination fees, have introduced a bill to set a limit on those fees.

Don’t get me wrong: I’m no fan of mobile phone early termination fees - but I understand why they’re in place. In a nutshell, the wireless carriers are able to sell expensive smartphones at affordable prices because they are subsidized. If you bail out on the contract early, the carrier loses money - and, of course, they are not in business to lose money.

Today, Senator Amy Klobucher (D-Minn) introduced a bill that would set limits on these fees, according to a post on the Hillicon Valley blog. Kolbucher, along with Sens Russ Feingold (D-Wis.), Jim Webb (D-Va.) and Mark Begich (D-Alaska), called the fees “budget busters” and said they are unfair to consumers.

The controversy sparked after Verizon Wireless said it planned to double the early termination fee to $350 on some smartphones. Shortly after, the Minnesota Senator sent letters to Verizon executives and the FCC, calling the move “anti-consumer and anti-competitive.” She said the move was proof that the wireless industry is incapable of policing itself and making its practices more competitive and consumer-friendly.

But Verizon Wireless disagrees and is quick to point out that consumers don’t have to subject themselves to these fees. Instead, they can choose to not sign a contract and pay full retail price for the phone itself, which of course is usually significantly higher than the cost of the subsidized phone and the early termination fee combined. Customers can also choose to sign a one-year contract and pay a price somewhere between the two-year-contract price and the full retail price.

I never said they were good options. But there are options.

Here’s the thing, though. I’ve been reading some posts on this subject as well as some reader feedback and I’m getting this sense that some consumers feel that they have some sort of God-given right to a low-cost, full-feature smartphone that offers unlimited Web access, texting, tethering, video and more on a powerful 3G network.

As much as I’d love something like that, I also know that a feature-rich smartphone is a luxury, one that I can either afford or not. If I want an iPhone, I’m going to have to pay - not only for the device but also the rates that AT&T sets. Same goes for Verizon and Droid, Sprint and the Pre and so on. This stuff does not come cheap.

With that said, I think the idea of early termination fees needs some tweaking and revisiting. I hate the idea of Verizon’s fee hike for early terminations of smartphones, though I do appreciate the fees being reduced for every month of service - that’s the way it should be.

While there needs to be a better way, I suspect that government’s heavy hand is not the solution.

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Sam has been a technology and business blogger for more than 18 years.

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Sam Diaz has nothing to disclose.

Biography

Sam Diaz

Sam has been a technology and business blogger, reporter and editor at ZDNet, the Washington Post, San Jose Mercury News and Fresno Bee for more than 18 years. He's a member of the National Association of Hispanic Journalists and a graduate of California State University, Fresno.

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RE: Bill aims to limit wireless early termination fees; Do we need this?
makrejktt48-24353614433154813928226228864324 5th Nov
qqejdv,good post!
0 Votes
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Actually, all I really want
samalie 3rd Dec 2009
The choice I wish I actually had:

Pay full-price for my handset of choice at time of signup. No contract.

But here's the kicker.

Lower @#$%ing monthly rates.

If I'm paying upfront for my phone vs the guy who is paying $200 for a $600 phone, my useage rates should work out to be $400 cheaper over 2 years (at a minimum, since they're not "loaning" me money with the subsidized hardware).
Buy a PC, it's going to come with Windows
whether you want it or not. That all-or-
nothing deal lowers the cost for the majority
of people who do want Windows at the expense of
the few percentage of people who don't. Of
course, those people can always build their own
computer, though this frequently isn't an
option in the case of laptops. But most
laptops and retail computers are subsidized by
crapware which you can free yourself from if
you reinstall any OS.

If you buy an optical drive, it almost
certainly comes with DVD playback software.
That means you're paying a few dollars for
software you don't need every time you buy an
optical drive.

There are endless example of products that
contain things some of us don't need, but
that's just how it goes. It's not practical to
have thousands of different configurations and
options.
Yeah.... phones dont cost 600 they sell for 600

Early termination fees should be banned.
0 Votes
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Market
alwin3413 4th Dec 2009
The phones sell for 600, because that is what the market will deliver. You are either gonna pay more up front, or pay to get out..up to you. If you want a cheap phone with no termination fees, start up a company, hire some engineers, and have them make a phone and a network for you. You do not have the right to have cool stuff.
0 Votes
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Not completely true
stano360 4th Dec 2009
The market is somewhat twisted right now. Sort of like buying furniture, no one pays retail for furniture (unless it's a warehouse club), there is always a "sale". I recently bought a Env3 for my son. Without a contract they sell for $400+. Let's be real, if we didn't all play the free/cheap phone game the retail price would be about $150-$200 at most.

That being said, the government has no place regulating companies fees of this nature. You can walk into most stores, buy a "per minute" phone and walk out the door. If I want to enter into an agreement with a company, no matter how "stupid" the government thinks I am, it is not the governments business. Unless, either party commits fraud, which is not the case here at all.
0 Votes
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I appreciate your perspective,
alwin3413 4th Dec 2009
on one side, yes, common sense would have us believe that the phones are way overpriced with the current games. On the other hand the buyers and sellers must agree at some price and in the long run that is the equilibrium. If the seller opts to not sell it cheaper, that is their call.
0 Votes
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Amen
loupgarous Updated - 4th Dec 2009
Those people who don't like early termination fees have an excellent option right now - pay as you go cell service. Cricket and Boost Mobile offer good service (I've used Boost Mobile for years with no problems at all, and it uses the same network as Sprint and Nextel) at very competitive prices, with a wide variety of phones you can buy up front for not very much money. And with pay as you go - guess what, no overage fees!

I wouldn't buy an iPhone if they cost $10, because I'd have to go with AT&T as a provider - been there, done that, glad I'm out from under.
Always, it's about a free market. At least that's what the poster will say - too bad it's just not a realistic representation of reality. The cell phone marketplace is anything BUT free. Termination fees, high monthly service fees, etc., etc., and because the companies involved are billion dollar or larger behemoths that even government will have difficulty reigning in when they misbehave because of their vast wealth and capacity for lobbying only for THEIR best interests instead of those of the public, it's no surprise that this market, and so many others, are not even close to the kind of free market we really DO have the right to.

A truly free market has to be largely free of monetary influence over authority, and that is; sadly; just not the case. That's why people have adopted what sometimes appears to be an "entitlement" attitude. There ARE some things we ought to be entitled to: ... like being able to acquire technology without some billionaire standing over the tollgate and charging whatever the market will bear. That action, regardless of the market in which it takes place, will always be morally and ethically ocrrupt, so be very careful in thinking that everything that appears to be an entitlement mentality is merely a liberal democrat with a big mouth. Truth is, there really DOES need to be a limit on wealth, lest it fester the very corruption we see on a daily basis...

For those that recoil from this and start going down the path of questions like "What about freedom?", I'll just remind you of quetions like "What about responsibility?". After all, freedom without responsibility is chaos. That's what all the debt this country has ammassed amounts to, and we, the people, didn't have much we could do about it, save "call or write your representative". The reason so few actually do it is because there's no USEFUL feedback. Unless you give up your life and go become your own lobbyist, you get little or no response beyond a form letter. Is it any wonder people are sick and tired of the same old crew in Washington being so unresponsive? Think about it all... you might be surprised at the conclusions you reach.
0 Votes
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An iPhone is not a phone alone.
artSavant 4th Dec 2009
The proof that an iPhone is much more is the iTouch, which has no phone capability. What it does have is an incredible operating system and set of dedicated apps that put the whole world in your hand. In addition it has web connectivity and GPS capability. Have you priced those?

I think an iPhone costs more than $100 [my mp3 player cost $80] but it's your fantasy to let's say that's all the hardware costs. What's the cost of the software?
0 Votes
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Ahem.
loupgarous 4th Dec 2009
My cheap (got it at Target on sale for $20) Motorola cell phone with Boost Mobile has GPS built in, with a graphic navigation app available at extra cost per use; web connectivity; text messaging, GPS-aware features such as Boost Loopt to allow me to locate friends with the same phones... lots of cool software.

It doesn't have the coolness of the iPhone, but I don't have to deal with AT&T to use it, either.
0 Votes
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Perfect example
alwin3413 4th Dec 2009
of someone who realized a balance between what they want and need and have found a way to get it.
0 Votes
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It takes an army...
Bellhop 7th Dec 2009
Hey, it takes an army of people to design and market these things. That's the part that costs the big bucks. Plastic and silicon are cheap.
0 Votes
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Garbage
shanedr 4th Dec 2009
You can buy a computer with Linux, you don't
have to buy one with Windows.

As for bundled software with a computer, if I
can't buy the computer without bundled
software I immediately uninstall that software
and install the software I want. I also plan
on the possibility that I won't be able to
fully uninstall that bundled crap. I may have
to format the hard drive and install only the
software I want.

If I buy anything that's bundled I'm doing
despite the bundling, not because of it.
0 Votes
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T-Mobile is doing that.
Letophoro 4th Dec 2009
If you don't get a subsidized phone, you can go without a contract at a lower monthly cost.

If you get a subsidized phone, you have to sign a 2-year contract at a higher monthly cost. If you do the math, you find that it actually costs more over the 2 years to buy a subsidized phone.

Whether or not you want to go with T-Mobile is a completely different discussion.
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TMobile rocks for me
Uralbas 4th Dec 2009
would never let it go... has the fastest and best
3G GSM coverage in the nation.
0 Votes
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Unlocked Phone
Grayson Peddie 4th Dec 2009
So how do I go without a contract at a lower monthly cost when I go with T-Mobile?

I checked Central Florida for 3G coverage and I do get it for my apartment and college, although I'm with Sprint.
0 Votes
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Unlocked vs no contract.
Letophoro Updated - 4th Dec 2009
To go with T-Mobile just go to your local T-Mobile store/kiosk and look at the plans. They offer lower priced contract-free plans if you don't also get a subsidized phone. That is to say that you can get the same phone and either pay more upfront to outright buy the phone, or you can save on the upfront costs but pay more for your plan on a 2 year contract.

As for unlocking, you have two choices. One, you can buy an unlocked phone from someone other than T-Mobile since all phones sold by T-Mobile are locked. I bought my current phone at the Nokia store in New York City. Alternatively you can buy a locked phone from T-Mobile and later get an unlock code from them. I believe that T-Mobile will give you the unlock code after 90 days, but only if you as for it.*

*My memory may be out of date or inaccurate, but they did at one point allow people to unlock their phones.
0 Votes
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That only works if
Real World 4th Dec 2009
you keep the phone. If the retail for the phone is $600, you pay $200 for it with a 2-year contract, what is to stop you from selling it on eBay the next day for $400 and riding out the contract with another phone? You can do that now, but you pay the same rate as everyone else.
0 Votes
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And
rparker009 4th Dec 2009
Make it so if I pay full price for the phone. It will work on any service provider. Not just the one I got it from
0 Votes
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Seriously.. if I bring a phone to t-mobile, or ATT,
and just want a SIM and service, do I get a discount?
No, it's the same rate. I'm not asking for a phone
here, nor a subsidized phone. What about at the 2yr
mark, shouldnt my plan go down in price?

The fees are just part of vendor lock in, to
perpetuate reoccurring revenue.

Dont get me on the prices we pay for texting... on
unused bandwidth no less..
0 Votes
+ -
Couple items.
TripleII-21189418044173169409978279405827 3rd Dec 2009
You are not locked in if all you want is a SIM using your own phone. You will pay an activation fee (maybe), that's it. SMS is NOT data per se. It is sent via SS7 traffic, utilizing 5 network elements that all intercommunicating. It was a way to send a short message in a network never designed to deliver any. It is completely different than regular data which is just a radio site off to a web server.

The fact that it is popular is the problem because SS7 links are VERY expensive, and not designed for data. Text via SMS as an analogy is like using the military to deliver pizza, it is beyond reliable, it IS going to be delivered but it costs a whole heck of a lot more than a teen in a cobalt, lol.

And no, there is no unused SS7 bandwidth, it is very expensive and carefully monitored and NEBs compliant (5 9's reliability), unlike the router with a DS3 to the base station tower.

TripleII
0 Votes
+ -
really
tbuccelli 4th Dec 2009
It was my understanding that the carriers are delivering the messages in signals that are required for the voice service anyway. Someone just found a way to use that space for short messages. In otherwords, the carriers are paying little to no additional costs to provide a service that they make a HUGE margin on.

I am not saying it is not their right to do so, just that it is not costing them a bunch to provide the service.
0 Votes
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You have got it wrong
stano360 4th Dec 2009
That's their point, the companies say that they will charge you the same rate as everybody else and give you a subsidized phone, if you agree to stay with them for two years.

Why is that so strange? Yes they hope to lock you in, of course! That's just good business. Go to Target and buy a disposable phone if you care that much.

Why shouldn't I do Verizon's new every two program. I like Verizon's service, coverage etc. I have every intention to stay with them for the next two years, so why not get a new phone rather than live with my old one?
0 Votes
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So you want your cake, and to eat it too?
John Zern Updated - 4th Dec 2009
So you want the phone discounted by $300.00, but with the option to walk away from a contract a month later, without having to pay that $300.00 back, yet keeping the phone.

And how is this a good deal for anyone other then you?

But you could go with the other option: Buy the phone at full price and keep the option to walk away at anytime, no termination fees.
0 Votes
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... have to earn "per head" to keep their networks up and running. (And the number of ccustomers they need in each zip code to keep their network near capacity.)

They also know that data users consume more bandwidth so they need more money "per head" from them. The rest of their expenses are overhead.

The less often they have to mess with your account, the less they spend on you. So it is entirely reasonable for them to create incentives to get you not to switch services whenever you feel like it! Discounts on the MSRP of the devices is the most cost-effective way to do that.

Taking it a step further, phone makers would rather ship 100,000 units to one carrier than 100 units each to 1,000 retailers or a 1 unit each to 100,000 end-users so they will extend their own steep discounts to carriers.

The carrier can make money on the phone or they can make money on the contract. They would rather make money on the contract because they lose money everytime a customer switches carriers.
0 Votes
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Amusingly true
grail@... 6th Dec 2009
I can buy an iPhone from Apple for $AU1000, then get a month-to-
month plan that actually costs me about 30% more than if I got the
phone bundled with a two year contract.

Then there's the issue of the exit fee from contracts being higher than
the total subscription cost of a 24 month plan.
0 Votes
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Don't like it?
rshores 3rd Dec 2009
Pay as you go.

The government has NO reason to get involved with private enterprise. If a specific company wants to nickle and dime consumers, people will leave and take their money elsewhere.
0 Votes
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Not quite
bmgoodman 4th Dec 2009
Oligopolies do not compete for your business like companies with true competition. Also, the airwaves are a PUBLIC resource. So, *some* regulation is necessary. Why not force cell companies, for every model, to tell you the "full" price and the "contract" price. The "subsidy" (full price - contract price) would be pro-rated over the life of the contract as the termination fee. That should make things much easier to understand.
0 Votes
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RE: Not quite
fatman65535 Updated - 4th Dec 2009
Quote: Why not force cell companies, for every model, to tell you the "full" price and the "contract" price.

Agreed!!!

I see no reason (except that it doesn't fit into their revenue models) why a carrier should be able to whack you with the full termination fee if you are very close to ending your contract. The FCC should mandate a prorated termination fee for subsidized phones. This would open up a lot of transparency in the cell phone industry.

For example on a fictitious MyPhone:

Full Price $599.00, Service $39.99/month, NO termination fee

1 Yr Contract $299.99, Service $64.99/month, termination fee of $300.00 - reduced by a prorated $25.00/month for each month of service (i.e recoup the $300 discount)

2Yr Contract Price $99.00, service $64.99/month, termination fee of $500.00 - reduced by a prorated $21.00/month for each month of service (i.e. recoup the $500 discount)

One other thing, I feel that the FCC should put an end to carriers locking up specific models (exclusivity deals).

The FCC really blew it in the past when they did not mandate a specific technology for cell phones (CDMA vs GSM comes to mind). This needs to stop with LTE (aka 4G services). Customers should be able to use any FCC approved cell phone on any carrier's LTE network. End of discussion.

From a consumer's point of view, it would be the sales weasels at the retail locations that would have to be policed, as most of know already that any sales weasel will lie to get a sale. Also, the smart ones amongst us know that if it isn't in writing, it doesn't count.

That is where the FTC needs to come into play. Fair trading practices ARE the jurisdiction of the FTC; and they need to get some teeth.

(EDITS: for typos and grammar)
0 Votes
+ -
One thing I would add:
satovey@... 4th Dec 2009
When a contract is over, it is over and the consumer does not need to give a thirty day notice to end the service.

A few years ago, when I had T-mobile and my contract was ending, I called them to inform them that I would not be renewing the contract. I did that just to make sure that when it ended it ended.

The rep on the phone told me that I had to give a thirty day notice and had to pay for an additional month of service.

Since I knew exactly when I started the contract, (on my birthday) and my birthday was about a week away, I informed the individual that the contract would be over on the specific date and that I would not be paying for an additional month of service.

Why do these companies think that they can force you to keep their service after the contract has ended.

Last I heard, slavery is illegal in the United States. And forcing people to renew or continue a contract after it has ended, is no different than putting shackles on their hands and feet and forcing them to work for free.

No matter how you look at it, it is forced ownership.

ST
0 Votes
+ -
A smartphone would be one that had all the features you want - including the ability to store and edite MS files - you know the ones the rest of the world use and are perfectly fine on my Windows Mobile smartphone.

I think you need a better definition of smartphone versus consumer toy or appliance.
0 Votes
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What does this reply have to do with ETFs?
matthew_maurice 3rd Dec 2009
I think you need to take your sad, bitter little WinMo rant someplace else.

Back on topic, though. As long as you don't completely hate your carrier, or if it's AT&T-you love your iPhone more than you hate AT&T, being subject to an ETF isn't so bad. It lowers the total cost of ownership. Since everyone is paying the same for any given plan, a subsidized device means less out of pocket for your complete service. Carriers aren't likely to start a two-tiered rate structure, so if you might as save some money on your handset.
0 Votes
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You can store and edit MS Word and Exel
Snooki_smoosh_smoosh 4th Dec 2009
files on iPhone. You can also view Powerpoints and a host of other document file formats.

You can run a wiki server off the iPhone, have a database that serves a variety of purposes.

If your intent was to say that the iPhone isn't capable of these things, well then you need to do better research.
Wait, to use Apple's parlance, there's an app for that!
0 Votes
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Seems anti-free market
mikeken763 3rd Dec 2009
Seriously.

You sign the contract, end of discussion. If you don't like it then don't get a cellphone. I can not stand the amount of control so many democrat politicians go for.
0 Votes
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there is no free market
conspicuouschick 4th Dec 2009
Diabuse yourself of the idea that we have a free market. We don't. We probably never have. If we had a true free market, there would no child labor laws, no overtime laws, no minimum wage, and no worker safety measures and no worker's comp. You may disagree with this particular bill, but calling it 'anti-free market' is disingenuous.
0 Votes
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what we have is a free market with socialist features
loupgarous Updated - 4th Dec 2009
such as the protective laws you mentioned.

It still allows buyers and sellers to interact with a minimum of government interference in many markets. What the proposed bill does is transfers income (in the form of increased user fees) from people who are intelligent enough to read a contract and not sign one they don't like to those people who walk out on service contracts for a number of reasons, none of them protected by the Constitution.

The free market even provides options for those people who can't afford the $200 - $600 tag for a smartphone - buy pay as you go service and a less expensive phone.

What we're looking at in this bill and similar ones is an attempt to make everyone pay for the stupidity and lack of common sense of a favored few who can't or won't read the contracts they sign for cell phone service. The cure for that is better education at the primary and secondary level, preferably with less union protection for incompetent teachers. Of course, now that we are moving toward the Obama-approved SEIU representing everyone and using strong-arm tactics on anyone who doesn't like their ideas, good luck getting that approved. Just sayin'....
0 Votes
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basically ALL the contracts state that in order to use the phone you must abide by their rules. And their rules are simple, they can do anything like change rates, drop/change services, add additional fees, blah, blah, blah and there is no way for you to do anything about it. Well, there is, early terminate and pay for it. Either way, they win because they know the next carrier you sign up with will do the same thing and have the same rules. You're just going from one blood sucking vampire to another.

So what if you don't like the contract? what are you going to do? Not sign it? Go to another carrier who will just show you the same contract worded differently? You could just say screw them and go pay-as-you-go but then you fell right into their hands because now your paying more per minute for cell phone service...
0 Votes
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and then reality supervenes
loupgarous 4th Dec 2009
because I've NEVER spent as much using pay-as-you-go cell phone service as the lowest monthly fees I've paid for contract cell phone service. And, of course, I've never paid overage fees using pay-as-you-go.

Sorry for blowing the conspiracy theory away.
... Come on.. Why can i get a normal full sized laptop for $400, but if I get a smartphone with "No commitment" it costs the same $400? I can buy a netbook for $250 these days... The price of desktops, laptops, and other electronics are going down, but cellphones seem to be going back up.

Just my observation.
0 Votes
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smaller electronics cost more.
derbaff 4th Dec 2009
smaller electronics cost more. they always have. more engineering and specialized components. just look at laptop prices versus desktop prices.
0 Votes
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Not Quite a Monopoly
Mwendo 4th Dec 2009
I have to agree with the author. There is enough competition in the wireless market for everyone's budget. For example, I don't like contracts, termination fees, etc., so I use a pre-paid service like Virgin Mobile. I got a decent phone for $50 and pay $30/month for service. I can cancel any time, no worries.

I believe the people complaining are those who want the trendiest phones but don't like the notion of paying a premium for that luxury. The major carriers have to pay for the innovative technology and they do so via expensive plans and high termination fees.
0 Votes
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You're absolutely right.
jedidethfreak 4th Dec 2009
This is the attitude brought on by politicians who
seem to think that nothing can be blamed on
people. "He didn't kill that person! The video
games made him do it!" They also seem to think
that there is no way a major corporation can do
anything fair to people, aside from giving all of
their products away for free, which would bankrupt
said company. Oh, wait, that's the ultimate goal!
0 Votes
+ -
If you don't want to pay those fees, then don't take a highly-subsidized phone. Buy it for full price with no contract, and cancel anytime you want.
then the fee should be prorated based on how many months I have had the phone,

ETF = 200
Contract = 2YR

After 1yr the ETF should be $100 not $200, however most carriers still charge the full ETF.

Also Tmobile does have plans for users who have their own cell phones, which @ first glance look like lower prices, I have not looked @ it in depth.
0 Votes
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Yes!
Snowy_River 4th Dec 2009
This is what I'd like to see. I was hit with an ETF a number of years ago
because my job forced me to move to an area that my provider didn't have
coverage. I had two months left on my contract at that point. They wouldn't let
me keep the service because my new mailing address was "outside the
serviced areas". So, I had to pay a $250 ETF when my monthly bill was only
about $60.

I could see the ETF staying constant through a portion of the contract period,
but then it should start scaling down. For example, if the nominal ETF is $200
on a two year contract, then maybe it would stay $200 throughout the first year.
But by eighteen months it would be down to $100. At twenty-one months it
would only be $50, and so on.

That's where I see injustice in the ETF system.
Its these termination fees that make the carrier's competition an illusion. Promise everything to get the commitment, then deliver whatever, the sucker is hooked.

Out law these termination fess and you'll quickly get real competition ad people leave the bad providers in droves.

Apply to cable, satellite TV, and internet access too.
0 Votes
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This option is available now.
bigsibling 4th Dec 2009
The problem with that is now you have to pay full price for your feature-rich phone, instead of agreeing to stay with the carrier if they discount the phone for you. Which, really, is what everyone has the option to do now. If you don't like the early termination agreement, don't get the subsidized phone. Whatever happened to personal responsibility?
0 Votes
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No thanks, buddy
loupgarous 4th Dec 2009
I'll take the current setup, in which my satellite provider is content to trust me to stay on the service long enough to pay for the very expensive DVR and satellite receiver on top of my TV, in exchange for a contract that says I'll do that. I always have the option to watch free-to-air programming on local channels and buy a dish upfront to get more FTA programming from satellites if I don't like what the big providers are offering (and lately it's getting stale - more and more re-runs).

Same-same with internet access - I don't mind a contract that says I can't stiff them for the cost of the very nice wi-fi router they let me have with my inexpensive service.

In your nanny-state world, we all get treated like deadbeats because the law says we have to be. We all have to pay for our communications hardware up front because Joe Blow can't read a contract or just feels like defaulting on it anytime he wants. I prefer the grown-up world in which people can make the deals they want to make without Big Brother dictating the terms and making it smooth and easy for the deadbeats who keep nanny-state politicians in office.
0 Votes
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RE: Bill aims to limit wireless early termination fees; Do we need this?
makrejktt48-24353614433154813928226228864324 5th Nov
qqejdv,good post!

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