December 25, 2009 2:39 PM PST

FCC member berates Verizon for termination fees

by Natalie Weinstein
News.com

http://news.cnet.com/8301-1035_3-10421930-94.html


An FCC commissioner has sent an open letter to Verizon Wireless, 
scolding the carrier for its new early termination fees.

Mignon Clyburn, one of five members of the Federal Communications 
Commission, was responding to the defense that Verizon sent the FCC last 
week.

"The company's answers...are unsatisfying and, in some cases, troubling. 
In particular, I am concerned about what appears to be a shifting and 
tenuous rationale for ETFs," she said in a statement (PDF) released 
Wednesday by the FCC. "No longer is the claim that ETFs are tied solely 
to the true cost of the wireless device; rather, they are now also used 
to foot the bill for 'advertising costs, commissions for sales 
personnel, and store costs.'"

Verizon's early termination fees recently climbed from $175 to $350 for 
smartphones and other "advanced devices." In early December, the FCC 
asked Verizon to explain itself.

Among its defenses, Verizon asserted that the fees enable the company to 
sell phones at lower upfront prices and to reduce losses if customers 
break their contracts early. The carrier also noted that it prorates the 
fees and that the additional revenue helps keep its broadband network 
strong.

Clyburn asserted that consumers already pay hefty amounts to carriers. 
"So when they are assessed excessive penalties, especially when they are 
near the end of their contract term, it is hard for me to believe that 
the public interest is being well served," she said.

"I am also alarmed by the fact that many consumers have been charged 
phantom fees for inadvertently pressing a key on their phones thereby 
launching Verizon Wireless's mobile Internet service. The company 
asserted in its response...that it 'does not charge users when the 
browser is launched,' but recent press reports and consumer complaints 
strongly suggest otherwise."

A Verizon representative told Bloomberg that the company will "take a 
good hard look at her concerns and address them in an appropriate fashion."

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204 
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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