FollowUPdate On Early Termination Fees
On June 19 we reported on the FCC’s Public Hearing on Early Termination Fees (“ETFs”). At the Hearing called by the FCC, executives from major telecom companies, like Verizon and AT&T, argued that ETFs are consistent with the public interest because they lower the barrier to entry for consumers, thereby allowing consumers who would not normally be able to participate in the wireless markets, to gain entry. On this basis, they urged that the FCC should pre-empt state-laws that currently allow consumers to seek civil remedies against telecom companies based on state consumer protection laws.
In contrast, consumer advocates argued that the FCC should not pre-empt state laws or courts. Instead, these advocates asked the FCC to consider setting minimum standards for cell phone companies, in order to protect consumers in states that choose not to regulate/enforce laws against carriers.
Many viewed the FCC’s decision to take up the issue of early termination fees as reflecting an effort to shield large telecom companies from consumer fraud lawsuits based on applicable state laws. However, recent developments may hinder these efforts.
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White Paper: Effectively Negotiating Telecom Agreements
Carrier agreements are intended to set forth the terms and conditions under which resellers purchase the essential commodity of their business: telecommunications services. Sadly, however, it is the rare instance when resellers have read or truly understand the essential terms and conditions of their agreements or negotiate the terms of their agreements effectively as a matter of tactic or strategy. Even more troubling is the fact that few resellers use their agreements to facilitate their business interests and to protect themselves against undue risk. As a result, rather than being a roadmap to success and a shield against risk, carrier agreements often become minefields through which resellers unwittingly wander until the inevitable misstep is made and the damage is done.
This white paper is the first in a series addressing key issues in telecom agreements. Future white papers will address the process of drafting telecom agreements (including a discussion of some of the most critical terms) as well as agreement implementation, dispute resolution and litigation issues. We hope that you find them of value.
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Developments Shaping the Internet
“Opt-In” Web Tracking
Congressman Joe Barton (R-TX) and Congressman Edward Markey (D-MA) believe that this automatic tracking process violates the public’s right to privacy. To address this concern, they have proposed an “opt-in” program which would allow consumers to choose whether they want to have their data logged to receive customized advertising.
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ACLU Vows to Challenge FISA Immunity Provisions
Washington, DC: The ACLU plans to challenge the FISA bill passed on July 9, 2008, by the Senate. The Foreign Intelligence Surveillance Act ("FISA") grants telecommunications companies, which helped the National Security Agency spy on Americans, retroactive civil immunity from lawsuits
Posted By Jessica Davison In All Articles , Intellectual Property , Internet , Podcasts , Telecom , VoIP
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E-Mail Privacy at the Office
The introduction of new communications technologies into the workplace has created new privacy concerns for employers and employees. Should an employer have the right to view what an employee is doing on his or her computer while at work or while on company business? Should an employee have an expectation that personal e-mails or documents will be kept private from employers? These are questions that are in the process of being answered by the courts. However, there is still no clear precedent in determining a standard answer to these questions. So far, the courts have decided that employees are entitled to a “reasonable expectation of privacy” but this “reasonable expectation” all depends on the facts of a particular case.
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FCC Rules that Verizon May Not Use Customer Proprietary Information in Efforts to Retain Customers
Washington, DC: The FCC ruled that Verizon Communications, Inc. may not use customer proprietary information in connection with its efforts to retain customers who are attempting to switch to a cable-provided telephone service. The FCC’s ruling came in response to complaints filed by Comcast Corp., Time Warner Cable Inc., who argued that “the practice violated the law because it used proprietary information about customers.”
Posted By Jessica Davison In All Articles , Podcasts , Telecom
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Mr. Ende is a nationally recognized expert on telecommunications transactional, litigation and regulatory issues. Mr. Ende has served as counsel to many of the nation's largest telecommunications service providers, resellers and agents, payphone service providers, the nation's largest telecommunications management company, multimedia companies and numerous other companies involved in leading edge technology applications. In this capacity, Mr. Ende has negotiated hundreds of carrier and agency agreements, including agreements with every major telecommunications carrier. Mr. Ende also has successfully litigated complex telecommunications cases against each of the major long distance carriers and most of the Regional Bell Operating Companies in proceedings in state and federal courts and regulatory agencies across the country, the FCC, the American Arbitration Association ("AAA") and JAMS/Endispute. Posted By Neil S. Ende In Podcasts
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