FCC to Look into Text Messaging Discrimination
Added on 2008-01-16 05:46:00
by Tanya Palta
 Federal Communications Commission recently announced their decision to look into the matter of carrier text messaging discrimination. This doesn’t come as much of a surprise since a number of public interest and consumer groups have asked the FCC to decide if mobile phone text messages and short codes are covered by non-discrimination provisions of the telecom act.
“We are grateful to Chairman Martin and his colleagues for starting the public debate on what rights consumers will have in an increasingly complex technological future. These inquiries will go a long way to setting out a road map for determining who will control the Internet, and whether texting will be seen in the same light as wireless voice services,” said Gigi Sohn, president of Public Knowledge.
[Via RCR News]
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Bidders Listed by FCC in 700 MHz Spectrum Auction
Added on 2007-12-23 11:23:00
by Tanya Palta
A list of companies which intend to bid in the 2008 auction for the rights to the 700 MHz wireless spectrum has been released by the FCC. For now 96 applications have been accepted by the FCC which also include bigwigs like AT&T, Google, Verizon Wireless, Alltel, Cox, and Frontier Wireless. Sprint and T-mobile have decided to stay out from the 2008 auction.
[Via Brighthand]
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Company patents texting to, from Maryland, sues 131 companies
Added on 2007-11-15 14:34:00
by Mark Brezinski
 We would like to begin this article by stating that we know nothing about patent law. We would then like to follow up that statement by claiming the following lawsuit is hilariously absurd. Apparently 131 companies are guilty of a patent-infringement most foul. A company in Maryland has stepped forward to assert its newly-awarded patent on the coveted intellectual property, "Sending International Text Messages To/From the State of Maryland". The wronged company, Technology Patents LLC, is asking for a total injunction against all US carriers and also a pile of money so gigantic that it could feasibly flatten a mid-sized sedan.
In an interesting related story, the Supreme Court has passed a ruling on a similar case involving Ebay and a tiny patent-holding company. The tiny company apparently held, but wasn't using, a patent on auctions with fixed, "buy it now", reserve prices. The Supreme Court basically ruled that a total injunction couldn't be upheld. Interestingly, however, the ruling was overturned by a lower court. As is the case, there is still a lot of gray area around patents.
Again, we know nothing of patent law, but it seems rather suspicious that these patents are recent. An uneducated observer might be so bold as to claim this company clearly scoured the earth for widely-used technologies that remained unpatented. One could also say this is one of the more blatant example of patent trolling. Of course, we wouldn't assert any such thing, as a company driven mad by the power of litigation is probably the type of company that would misconstrue a sarcastic opinion with libel.
[Via Engadget]
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US Lawmakers Target Teen Texters
Added on 2007-09-10 04:55:00
by Tanya Palta
 According to the American Automobile Association ,California and 15 other states are contemplating banning teenagers from using electronic equipment while driving. This looks like a positive step to curb the menace of mobile related accidents which are on a rise.
The proposed bill would ban 16 and 17-year-olds from using any electronic device while driving including cellphones, text messaging devices, laptop computers, and pagers even with "hands-free" features.
Liberty Mutual Research Institute for Safety director Dave Melton said: "Bottom line, this law will most probably save lives - not just teenagers but anybody on the road.
[Via Motoring]
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AT&T court ruling lets you sue your carrier
Added on 2007-07-16 12:38:00
by Mark Brezinski
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 Washington State Supreme Court ruled against AT&T (formerly Cingular Wireless) saying arbitration clauses in cell phone contracts violate the Consumer Protection Act. Typically arbitration agreements are in the fine print of any cellphone contract and take away the customer's right to create class action lawsuits. Originally, Cingular customers were suing over a roaming charge dispute. When the class-action suit was filed, Cingular tried to block it, citing their arbitration clause.
According to the case, each individual consumer was being overcharged by anywhere from a buck to $40. Now, individually this is utterly insignificant and wouldn't be worth bringing to court, but on the whole, Cingular Wireless overcharged the public by quite a large margin. This situation is a textbook reason why class-action lawsuits exist: to protect the public from corporate nickel-&-dime theft.
Even though the suit itself is still unresolved, this ruling will undoubtedly be a watershed case for business ethics; just because the clause was standard doesn't mean it was ethical. As Cingular was bought out after this suit had been filed, we were left wondering if AT&T had the foresight to factor this PR nightmare into the dealmaking process. Regardless, looks like AT&T married itself to the problem, and now they might have to pay up.
[Via Cellular-news]
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FCC boss backs open access in spectrum auction
Added on 2007-07-11 10:32:00
by Randall Bennett
Sounds like FCC Chairman Kevin Martin is open to the idea of open access on the 700 MHz band of the wireless spectrum. The 700 MHz spectrum is the holy grail of wireless, because of its ability to travel longer distances and penetrate thick walls. Currently, the 700MHz spectrum is used by TV signals, and it'll be available to cell-phone and wireless companies after TV's forced move to digital broadcasting happens next year.
If the provision were to be adopted, open access would force whomever owns the 700 MHz band to allow any device or software application to operate on that band, effectively forcing a carrier to operate primarily on an unlocked device principle. Members of CTIA (like Verizon and AT&T) feel like it's a forced regulation, but never mention that it would help consumers.
We feel like the FCC chairman is right in forcing them to allow any device to use the spectrum. We'd love to use the newest iteration of the Chocolate, the Sidekick or any other device on whichever network we feel is best, although of course T-Mobile and Verizon love the fact that we can only use their network by using "approved" phones. We'll see where it goes, but we feel like lobbying efforts might get in the way of these open-access provisions.
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New system detects calls while driving
Added on 2007-06-15 13:47:00
by Randall Bennett
Talking on your cellphone while driving isn't a crime in most states, but it should be: studies have shown that people who drive and talk are many times more likely to have an accident. But a new company is releasing a device to automatically detect drivers talking on their cell phones. Instead of police officer needing to observe a cellphone in use, the system automatically detects a cell phone call and records which car was making the call. So far, the system has been implemented in Europe and will be coming to the USA in the fall. The company says the system is "designed to detect, identify and cite drivers who break cell phone us laws." If it helps to catch people like the woman on the right (photographed by Flickr user Digihuman), we're all in favor of this (although we should point out that this particular person wasn't driving, but she was filling her car; another thing you really shouldn't do with a cell phone in your hand). In fact, we might even suggest that the company attaches a paint gun to mark the car, or even an EMP gun that can disable the offending cell phone.
Many states in the US have laws that require drivers use handsfree devices. Could this unit, which can be used as a mobile unit or mounted on poles to detect drivers passing by, spark a new round of cellphone legislation outlawing talking-while-driving altogether? Would that be a good thing or a bad thing? Sound off in the comments.
[IMG via TalkingDC]
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When Life Hands You Lemons, Get a New Cell Phone
Added on 2007-04-27 02:02:00
by Rusty Weiss
 The Lemon Law may soon be in effect in Illinois. Not for automobiles but rather, cell phone users.
The Illinois House has approved cell phone legislation which will now move into the state Senate. The law is designed to assist consumers who keep getting stuck with faulty cell phones.
Its three strikes and you’re out for mobile phone manufacturers in Illinois. Users, who are presented with three faulty phones over the life of their contract, will be allowed to terminate that contract without penalty.
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