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Cell phone users have more gripes than rights
Monday, April 11, 2011
By Gabrielle Banks, Pittsburgh Post-Gazette
A voice on the other end fades in and out.
A call drops off midstream.
This is the bargain we've agreed to.
Committing to a mobile phone carrier is always a bit of a gamble. Each time you place a call, you hope that somehow -- through airwaves and signals and towers -- that someone will get your call on the other end and you'll make it through an intelligible conversation.
But, simply stated, cell phone users have no right to connect. There is no government-enforced right to one, two or three bars, even if you're standing inches from a tower. And no state has enacted even basic service quality standards: Multiple attempts to pass a cellular users' "Bill of Rights" have failed at the state and federal levels in the two decades since the advent of digital phone service.
What the Federal Communication Commission does require is truthful, clear billing. The FCC also has set a standard for making sure cellular calls go through to 911. Otherwise, the feds only ask that companies make their best effort to connect and maintain all other calls, but the fine print has never quantified or spelled out what best effort means.
Industry experts say that mega-mergers such as AT&T's recently proposed acquisition of T-Mobile may affect the quality of calls. More spectrum may mean better signal quality for callers and the additional bandwidth could improve services such as mobile video. Opponents of the merger say the loss of the lower cost service from T-Mobile may make cell phones unaffordable for some users.
It's likely that the range and quality of service won't improve, said Brian O'Hara, legislative director for telecommunications for the National Association of Regulatory Utility Commissioners. "In previous wireless mergers where there are overlapping licenses, the companies have had to sell off some of those licenses. So [the merger] could eliminate some of the synergy that AT&T is talking about. In places like New York City, if you sell T-Mobile's spectrum licenses, you'll have more customers [sharing] the same amount of spectrum."
Wireless companies carefully word their agreements. If a salesperson shows you a map of the company's coverage area, there undoubtedly will be an asterisk or disclaimer somewhere, explaining that it is meant as an approximation of coverage areas.
"There are a lot of things, determined by the law of physics, that can disrupt the quality of a call or interrupt service," said Paul Feldman, a telecommunications lawyer at Fletcher, Heald & Hildreth in Arlington, Va. These may include "natural barriers like buildings or mountains, and weather conditions that change from moment to moment and place to place and make it harder for wireless companies to guarantee any specific level of service."
Companies must report outages to the FCC, not to consumers. Market competition, rather than regulation, is supposed to be the motivating factor for the handful of companies jockeying for customers.
So while the carriers duke it out in the marketplace, here are a few tips for finding the best coverage and advocating for improved coverage once you're locked into an agreement:
• Evaluate your options. While you're reviewing various cell phone plans based on your needs and budget, take time to measure them against industrywide criteria for fair business practices. CTIA-The Wireless Association, the trade organization for providers, offers guidelines (www.ctia.org/consumer_info/service/index.cfm/AID/10352) that state that a provider should advertise truthfully; disclose rates, terms of service, changes in service and taxes; offer maps of service areas; allow a trial period for new service; provide the right to terminate service for changes in contract terms; offer easily accessible customer service, and protect customer privacy.
You may also want to take CTIA's Frequently Asked Questions form (http://files.ctia.org/pdf/WirelessFAQ.pdf ) and checklist (http://files.ctia.org/pdf/Checklist.pdf) on any cellular shopping expedition.
• Ask about the coverage area. Neighbors and friends can give you feedback about dead spots they've encountered with various providers, or you can view reported dead spots in your area, by company, at www.deadcellzones.com. Vendors may provide an official explanation of coverage areas and a map to illustrate it. Read the disclaimer. Ask about limitations up front. Salespeople, who often use the carrier they sell, also might share some anecdotal information about dead spots around town if you ask.
• Try before you buy. Occasional patchy calls are part of the bargain all users sign up for; however, the industry has agreed in recent years to offer 14- to 30-day trial periods for new subscribers. Nils Frederiksen, spokesman for the Pennsylvania Attorney General's office, suggested users "give it a thorough workout" during this probationary period and test the quality of service. Cruise along the highways you normally travel and into remote corners of your home and workplace as much as possible. (Be sure to ask whether you are expected to return your phone and if your activation charge will be refunded.)
"Understand what your obligations are under the contract. If you don't flag problems or deal with issues up front, it becomes more challenging later on," Mr. Frederiksen said. Should you wait and cancel after the trial period expires, most plans will charge an early termination fee.
• Document calls to customer service and tech support. If your connection is subpar, troubleshoot with your wireless carriers' staff. They should inform you about outages in your area, but you might have to ask. Keep track of the dates of the calls, the names and departments of the support staffers, what remedies they attempted and any promises they made before filing a complaint at the state or federal level.
• Lodge a formal complaint. Some states allow citizens to complain to their public utility commissions, but Pennsylvania is not among those with jurisdiction over its wireless carriers. If you believe you've been given false or deceptive information regarding the quality of calls or what's included in your service or messaging plans, you can contact the Attorney General's Bureau of Consumer Protection toll-free hot line at 1-800-441-2555 or fill out a form at www.attorneygeneral.gov/complaints.aspx?id=33 -- or print it, fill it out and mail it to: Office of Attorney General, Bureau of Consumer Protection, 14th Floor, Strawberry Square Harrisburg, Pa. 17120.
Small disputes may be mediated and the state might ask for restitution, fines or penalties. Patterns of deception might be addressed in Common Pleas or Commonwealth Court.
You also may submit complaints to the Federal Communications Commission online at http://esupport.fcc.gov/complaints.htm via email to fccinfo@fcc.gov or call 1-888-CALL-FCC or 1-888-TELL-FCC TTY; via fax to 1-866-418-0232; or by mail to: Federal Communications Commission, Consumer & Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th Street, SW, Washington, D.C. 20554.
In addition, you may file complaints about deceptive advertising to the Federal Trade Commission at www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en. The FTC will not investigate individual complaints, however, the agency will add your complaint into a database that can track patterns of corporate misconduct.
Know Your Rights explores your legal protections and rights in a broad range of everyday situations. If you have a topic you would like to see explored in Know Your Rights, contact Gabrielle Banks at gmbanks@gmail.com.
Gabrielle Banks: gbanks@post-gazette.com.
First published on April 11, 2011 at 12:00 am
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