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Dear Reader:

We wanted to let you know that, after nearly three years of operation on the World Wide Web, National Journal's Insider Update: The Telecom Act ceased publication as of January 1, 2008.

We took this step at a time when the National Journal Group is moving to increase technology coverage -- including reporting on telecommunications and broadcasting issues -- in several of its other publications. In particular, National Journal's CongressDaily -- our twice daily publication for Capitol Hill insiders -- will be adding staff in the coming weeks for this purpose.

CongressDaily will feature the kind of detailed coverage of telecom issues, both on Capitol Hill and at the Federal Communications Commission, that you are accustomed to seeing in Insider Update -- plus a lot more.

If you are interested in a trial subscription to CongressDaily, please call 800-424-2921 or e-mail us at memberships@nationaljournal.com. Thank you for your readership and support of Insider Update, and please don't hesitate to write to me at lpeck@nationaljournal.com if you have any questions or concerns.

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Lou Peck Editor In Chief

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Mobile Sector's Competitiveness Questioned

By Winter Casey

(Wednesday, October 17) Appearing before the Senate Commerce Committee, lawmakers and panelists said that they are concerned by the lack of competition in the wireless industry and by the sector's business practices. They debated legislation that would address consumer wireless contracts.

During a hearing on consumer wireless issues, Sen. John (Jay) Rockefeller, D-W.Va., said he is concerned about "the explosion of deceptive charges that now appear on wireless bills." "If the industry were so competitive, one would expect that these deceptive line charges would have evaporated," Rockefeller said.

Minnesota Attorney General Lori Swanson said less competition in the cellular phone industry "makes it more difficult for consumers to shop around for the best service at the lowest rates."

Rockefeller said consumers are frustrated by practices in the wireless industry. Though the FCC only receives 10,000 to 15,000 complaints a year from consumers, "I am not sure that consumers love or believe that they are treated fairly by their wireless providers," he said.

Rockefeller added that he is concerned that industry is looking to weaken FCC efforts to make sure consumers who make 911 calls reach emergency communications centers.

Other speakers at the hearing addressed legislation, S. 2033, that would require wireless carriers to give consumers information on their service quality and refrain from charges and fees that are not expressly authorized by federal, state or local regulatory requirements.

"It's now time for some new rules in the wireless industry," said Sen. Amy Klobuchar, D-Minn. She said her bill, co-sponsored by Rockefeller, would "ensure that cell-phone consumers have the necessary information they need to make the best decision for themselves and their families."

Consumers Union said in a statement released at the hearing that it supports the bill.

Michael Higgins
, chief executive officer of the Central Texas Telephone Cooperative, said the measure would not go far enough in terms of handset-locking. "There is a need for requirements to enable the customers of small and rural carriers to acquire the latest handsets and devices," he said. He suggested that policymakers license spectrum in smaller geographic areas and limit the amount of spectrum that nationwide carriers may hold.

"The U.S. Congress should pass meaningful consumer protection legislation so that consumers are treated fairly and not subjected to a game of 'hide the ball' when navigating the cell-phone maze," Swanson said.

Lowell McAdam, president of Verizon Wireless, advised the committee to reject the bill and "instead complete the national, deregulatory structure for the wireless industry it began in 1993."

Jerry Ellig, a senior research fellow at the Mercatus Center at George Mason University, said he is skeptical that that there is a systemic problem in the wireless market that requires regulation. Instead, he said Congress should "facilitate wireless competition by directing the administration to identify additional spectrum for auction that is currently unused or under-utilized by federal agencies."


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