June 2017

AT&T uses forced arbitration to overcharge customers, senators say

Five Democratic Sens allege that AT&T's use of forced arbitration clauses has helped the company charge higher prices than the ones it advertises to customers. The senators pointed to a CBS News investigation that described "more than 4,000 complaints against AT&T and [subsidiary] DirecTV related to deals, promotions and overcharging in the past two years." But customers have little recourse because they are forced to settle disputes with AT&T in arbitration, according to Sens Al Franken (D-MN), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Patrick Leahy (D-VT), and Edward Markey (D-MA).

"Forced arbitration provisions in telecommunications contracts erode Americans' ability to seek justice in the courts by forcing them into a privatized system that is inherently biased in favor of providers and which offers virtually no way to challenge a biased outcome," the senators wrote in a letter to AT&T CEO Randall Stephenson. "Forced arbitration requires consumers to sign away their constitutional right to hold providers accountable in court just to access modern-day essentials like mobile phone, Internet, and pay-TV services." Forced arbitration provisions such as AT&T's also "include a class action waiver; language which strips consumers of the right to band together with other consumers to challenge a provider's widespread wrongdoing," they wrote. When contacted, AT&T argued that arbitration is better for consumers than courts of law.

T-Mobile Enticing Stations to Repack Early

Wireless carrier T-Mobile has big plans for its newly acquired 600 MHz spectrum — a nationwide 5G network deployment by 2020. However, there’s a hitch. The repack of the TV band needed to clear the spectrum for wireless use won’t be finished until the middle of that year. So, the wireless carrier is trying to speed up the repack by enticing some stations to move their new channels earlier than required.

Justice Department OK With Liberty-GCI Deal

The Justice Department is apparently OK with Liberty Interactive's proposed purchase of Alaska telecom GCI. That came in an early termination notice released June 8. That means the DOJ has found no reason to try and block or condition the deal and put an early end to its Hart-Scott-Rodino antitrust review. The Federal Communications Commission must still weigh in on the deal. It goes beyond antitrust to look at the public interest impact of mergers in the communications space. That review will not be concluded until at least next month. On May 19, the FCC created a pleading cycle for the deal, with comments due June 19 and reply comments due July 5. The $1.1 billion deal was struck in April.

NCTA Proves Virtuous Cycle Works

[Commentary] Recently, NCTA, the trade association for the industry formerly known as cable, posted this amazing graph and blog post showing that the "virtuous cycle" the Federal Communications Commission predicted would happen when it adopted the Open Internet rules (a.k.a. net neutrality) back in December 2010. Indeed, as the NCTA graph shows (based on the latest Akamai State of the Internet Report), the average speed of broadband connections has not only continued to rise since the FCC first adopted net neutrality rules in 2010, but the rate of increase has accelerated since the FCC adopted the Title II reclassification Order in February 2015. Finally, as NCTA also points out, in the approximately 10 years since the FCC first began to enforce net neutrality through the "Internet Policy Statement" and the Comcast/BitTorrent Complaint, the cost of moving bits from their source to your home has dropped 90 percent on a per bit basis. (Whether we are actually still paying too much because of our lack of competition in the broadband market is something of a different question.)

Perhaps unsurprisingly, this matches the findings from Free Press' Derek Turner in this massive and meticulously documented report, "Broadband Investments And Where To Find Them." But it's still nice to see NCTA confirm it.