Senators introduce bill to hold carriers accountable for ’4G’ claims

Legal

If you are an everyday wireless consumer walking into a store to purchase a new smartphone, the terms HSPA+, WiMAX and LTE may mean very little to you. Yet, each of those networks is different and each is being advertised as “4G” in the United States, thanks to an International Telecommunications Union policy that allows carriers to market newer 3G technologies as “4G” networks. A new bill presented to the U.S. Senate this week hopes to force wireless carriers to clarify what exactly their “4G’ networks offer, including minimum and maximum data speeds. The bill was filed by Senator Amy Kobuchar and Al Franken from Minnesota as well as Senator Richard Blumenthal from Connecticut. “Wireless providers need to make sure their customers can count on the speed, reliability, and the price they were promised when they signed up” Senator Franken explained. “And if they can’t fulfill their promise, they need to be held accountable.” The bill is in addition to The Next Generation Wireless Disclosure Act, which was filed in June by Congresswoman Anna G. Eschoo, who applauded the new bill from Kobuchar, Franken and Blumenthal. Read on for the full press release from Eschoo’s office.

Rep. Eshoo Applauds Senate Introduction of 4G Legislation by Senators Blumenthal, Klobuchar and Franken

Washington, DC – Today, Rep. Anna G. Eshoo (D-Palo Alto), top Democrat on the U.S. House of Representatives’ Energy and Commerce Subcommittee on Communications and Technology, applauded Senators Richard Blumenthal (D-CT), Amy Klobuchar (D-MN) and Senator Al Franken (D-MN) for introducing a Senate companion bill to the Next Generation Wireless Disclosure Act, which she introduced in the U.S. House in June.

“Consumers deserve to know exactly what they’re getting when they sign up for a two year wireless data plan,” said Rep. Eshoo. “Consumers want faster and faster phones, and demand for 4G is only going to increase. But they also deserve to know the truth about the speeds they’re actually getting. Wireless companies advertise 4G service as ‘lightening fast’ and ‘super-charged,’ but that’s not always the case. My legislation is simple – it will require truth in advertising.

“I’m proud that Senators Blumenthal, Klobuchar and Franken have introduced this legislation in the Senate. With their help, we can make sure that consumers have all the information they need to make an informed choice about which wireless data service to purchase.”

Senators Blumenthal, Klobuchar and Franken introduced the legislation earlier today in the Senate, and released the following statements:

Sen. Blumenthal said, “As consumers become more reliant on Internet capabilities from their mobile devices, it is essential that they have the most accurate and useful information about the products and plans they are purchasing. Whether they are using a tablet or a smartphone, wireless users deserve an honest description by companies of product capabilities. I’m proud to introduce the Senate companion to the bill that Representative Eshoo has worked so tirelessly on in the House to help bring fairness and certainty to consumers.”

Sen. Klobuchar said, “When consumers purchase a 4G wireless plan, they have the right to know exactly what they’re getting for their money. This legislation will help ensure that wireless companies are honest about their product’s capabilities so consumers can get a fair deal.”

Sen. Franken said, “While wireless data makes it easier for people all over Minnesota to do their jobs and to access music, movies, and books from virtually anywhere, it’s important that consumers know what they’ll be paying for when they sign a contract. Wireless providers need to make sure their customers can count on the speed, reliability, and the price they were promised when they signed up. And if they can’t fulfill their promise, they need to be held accountable.”

As it stands there is no standard definition for 4G wireless broadband internet, allowing the four major wireless companies in the United States to advertise several different technologies as “4G,” despite vastly different speeds based on their wireless provider and location. The Next Generation Wireless Disclosure Act would require wireless companies to disclose the details listed below in their marketing and advertising at the point of sale and in all billing materials.

• Guaranteed minimum data speed

• Network reliability

• Coverage area maps

• Pricing

• Technology used to provide 4G service

• Network conditions that can impact the speed of applications and services used on the network

The legislation will further require the Federal Communications Commission (FCC) to evaluate the speed and price of 4G wireless data service provided by the top ten U.S. wireless carriers. This will provide consumers with access to a side-by-side comparison in their service area. For full background on Rep. Eshoo’s Next Generation Wireless Disclosure Act (H.R. 2281), please click here. Rep. Eshoo’s legislation has been endorsed by several groups, including the Consumers Union, the National Consumers League, New America Foundation, the Media Access Project and Public Knowledge. A copy of the bill can be accessed here.

Eshoo serves as the Ranking Member on House Energy and Commerce Committee’s Communications and Technology Subcommittee.

59 Comments
  • Anonymous

    Nothing important here… could’ve posted how apple will be dead in 2 years

    Research In Motion Spokesman

    Sent Via Blackberry PlayBook

    • http://twitter.com/michaelabeaver Michael Beaver

      I highly doubt that.

    • Lighterisemo

      Your a loser and you’ll be dead in two years along with your obsolete blackberry playbook. True story!

      Get a life of all things you could have said… You utter the dumbest possible thing…. Grow up and get a real tablet.

      • Anonymous

        Funny my playbook can dual boot two OS’s the FIRST tablet on the market to do that LOL idiot do your research wait and my playbook can run android apps also and the traditional blackberry apps your really a joke come back when you learn what a REAL TABLET is.

      • JoeData

        Because thats what the population wants.  Brag about having flash also, you see how well that has affected iPad sales.  Get a life douche.

      • https://sites.google.com/site/barry99705/ barry99705

        Well they needed a good OS on there somehow…..

      • Anonymous

        You need to be able to boot into another OS on the PlayBook because QNX is a POS.

    • AM

      How’s that playbook working out for you?  It’s been less than 6 months and your playbook is already dead, just like your brain.

      • Anonymous

        Funny when you have to jailbreak your sh*t just to get full potential out of it

  • Ian Burgess

    YES!! Accountability is what counts……..

    • SKINNI

      Accountability is great & i fully support it but isnt this a bit late? If this is approved i suspect everyone will be LTE by then so it wont matter much. It unfortunately sounds like a few Senators padding their brag sheet for reelection (Stopped phone companies from saying theyre 4G without proving so vote for me!)

  • http://twitter.com/michaelabeaver Michael Beaver

    We can’t balance the budget, but we can introduce bills to hold wireless carriers responsible for 4G claims.  Really?

    • Anonymous

      like i said this isnt news

    • SKINNI

      Gotta agree with ya on this. If they want to do something, how about stopping companies from charging 2 or 3 times for the same data on the same line (smartphone plan, hotspot, lapdock, ect.). Its the same data so it should only be paid for once. Comcast doesnt charge me for data used for internet computing & another rate for internet gaming.

      • Anonymous

        Its all about money fck the people

      • http://profiles.google.com/airmaxed4g Kobe Wadsworth

        I agree here. Get to work and take the monopoly out of this. If a phone has the capability to perform hot spot, should their be a charge for it.? If you want 4G only and not voice, should they make you take both. You can get voice only, you can not get data only. And there is the problem.  This should be a story about the legislators getting the FCC on the job and remember why they de regulated the the phone company in the first place. Speed is not the issue, 4G is data only. Phone companies see minutes as more money. 4G is here to change that.

    • Acdc1a

      God forbid people research what they’re buying.  How many Apple customers think they have a 4G phone because it says 4 on it?

    • http://pulse.yahoo.com/_PATPCY4KFK6IHCWZLB2DDCWXGA Jericho

      they need the extra income to bail them out of the red

  • Anonymous

    Anything that causes accountability helps.  Why not add they must unlock phones off contract like most other countries require?  Why not make the phone subsidy transparent as well (shown on bill, price drop off once paid off, buyout computable, buy phone outright for same price, etc).

    I agree on the balanced budget part.  How can they pass any bill once the budget deadline passes, other than the budget?

    • Acdc1a

      Competition should already allow for this.  The fact that it’s not common practice should tell you that there’s not enough competitors or customers aren’t complaining loudly enough.

      • Anonymous

        Yes and no. Competition only works when there really is competition. In the US because of the way wireless spectrum was set up, we basically have a duopoly, with a weak third place player in Sprint. This is exactly why utilities are so heavily regulated, by nature they have no natural competition do to the cost of entry. I’m a big believer in as few of laws as needed, and big on capitalism (hold MBA).

        One of our governments jobs is to regulate where needed to control capitalism to protect consumers, especially where competition will not fix things on its own. I believe this is one area they have not done enough.

        Perhaps a better solution would be to fix the system so their is more competition, and believe they should do everything they can in this area (not allow ATT merger), but hard and expensive to fix spectrum issues now.

  • Anonymous

    It’s about time. This will shock all the idiot fandroids who think they actually have a 4G phone. And you morons think Apple fans are gullible? Android will be dead in two years.  true story™©®

    COMMENT SPACE BELOW HAS BEEN RESERVED FOR DUMBASS FANDROIDS
    

    • TommyGrubz

      Nice collection of words that don’t make any sense!

    • Anonymous

      how does it feel to be a complete loser?

    • Joebutler85

      Verizon LTE Androids sure as hell are 4G unlike your dissapointing stale rehash of a 16 month old phone that is calling itself “4g” running on weak At&t faux g HSPA. And for all the Crap you talk about Android, I’m willing to bet tomorrow you’ll be praising all their Android features and hardware specs being added as “new” features to your iStale.

      • Anonymous

        Yeah there 4G compatible but they aren’t LTE capable matter fact no 4G phone in America is LTE compatible NONE!

      • Anonymous

        Nope. Wrong wrong and wrong. No carrier or cellphone is real LTE or 4g. NONE

    • http://pulse.yahoo.com/_MRXKXFO5F7NVWFJHNZFO7NEHVY Big R

       there is no doubt that there are stupid Android adopters.  However, I would bet that the percentage of stupid iPhone owners that think they have a 4G phone is much greater than the percentage of Android owners.  Do you know how many iPhone owners believe they have 4G connectivity simply because it is name “iPhone 4″?  If you just count my neighbors, it is 100%.  I am not saying it is like that for everyone, but I would say 90+% do.  I would say far less Android owners think that.

  • Delacy Sanford

    awww u.s. senators having nothing better to do these days ;) . did they ever figure out if the fbi, nsa, cia , and secret service missed the fact hawaii is the 50th state and Obama is a u.s. citizen. Or are still trying to prove how dumb we are to the rest of the world.

    • TommyGrubz

      “or are still trying how dumb is at world the.?”

  • Anonymous

    Why should there be law for making companies marketing true??? Instead the government should measure any claim and if it is not true they shoudl fine them a percentage of all their sales.

    • Justin Lisenby

      That works too. But the thing is that there has to be a standard to enforce the standard. By first setting the standard as to what 4G is, they can then punish or fine companies who mislead consumers.

  • Justin Lisenby

    YES! This is exactly what we need! AT&T and their “4G” BS needs to stop right now. Apple was right to not allow them to show the iPhone as 4G and I hope they stand their ground. Real 4G is LTE and if you don’t have it then you need to build your network up instead of misleading potential and current customers. 

    • Anonymous

      Do I even need to say it?  LTE Advanced is REAL 4G.  LTE is not.  LTE is no faster than T-Mobile’s 42Mbps HSPA+.  How can you call LTE 4G but then snub HSPA+ when it is recognized and used the world over and offers the same peak theoretical speeds?  Cut it out man…

      • Anonymous

        LTE is far faster than HSPA+ in real world situations. This doesn’t only include maximum download speeds, but upload, latency, and reliability. HSPA+ is still a last generation network when it comes to latency. Also, theoretical maximum speeds simply do not matter as much when carriers can’t deliver them (T-Mobile, AT&T). 

        LTE is far and away the most advanced network technology that we currently have.

      • Bullet Tooth Tony

        No it isn’t.  HSPA+, in real world situations, is currently at 84 Mbps…. LTE is currently limited to 61 Mbps.  Maybe tomorrow you’ll be right… but today, you’re wrong.

      • Bullet Tooth Tony

        You shouldn’t have said it… because LTE Advanced is IMT-Advanced… it is 4G, yes… but HSPA+ is “real” 4G, just like LTE and WiMax are both “real” 4G too… go ahead… google what the ITU said about HSPA+….. *last year*

      • Anonymous

        That is my point Buddy, read what I said again. My point is not to discount LTE, it’s to say you can’t thumb your nose at HSPA+ while giving LTE the thumbs up. Their both in the same boat at this point. Their all “4G”. Thanks for the old news though…

      • Bullet Tooth Tony

        You clearly missed the point, because LTE Advanced is not “REAL” 4G… it’s IMT-Advanced.  There’s a difference.  They *all* are 4G, none is more real than the other.  It’s a speed class.  Only 2 types of service are IMT-Advanced though.  Thanks for the attempt at wit though…

    • Anonymous

      Don’t forget t-mobile. They have been bullshitting long before AT&T.

    • Jay Schiavone

      Real 4G is 1Gbs stationary and 100Mbs mobile.  The US economy will grow like a mother when we build that network.  And the telecoms won’t build it unless they are forced to by law.  The economy is stagnant, but telecom stock is booming.  Oh, wait. This law does not go far enough to address shortcomings in telecommunications and telecoms will not act in the interest of the greater good. No business will. We need to force the telecoms to act in the public interest.

      • Bullet Tooth Tony

        No it isn’t.  4G is anything with a marked improvement over 3G devices.  IMT-Advanced is 1 Gbps nomadic stationery, and 100 Mbps mobile…. thanks for keeping up with last years news from the ITU.

      • Jay Schiavone

        You’re welcome.  Oh wait, you were using wit to put me down.  The controversy is that there was an actual standard and then there’s the assertion you make that “4G”  may be used in advertising as long as it’s not EDGE or 3G or Remco walkie-talkie (2 cans and a string is not regulated the same because there is a physical connection).  You make it very clear why we need regulation to protect consumers, and promote improvement of the network which benefits everyone, even the telecoms.  Or let’s just let wireless providers make the vaguest claims they can and hope no one notices.  There’s no reason the the US should attempt to maintain the highest technological standards.  Someone will do it.  Enjoy your all-beef hot dogs (check to see what fillers the USDA will allow to make that claim.

      • Bullet Tooth Tony

        Seriously?  Food safety and cell phones are your 1 to 1 correlation?  There is a global body that hands out the designations, in an attempt to create global standards… it stated *last year* 4G is undefined… defined IMT-Advanced, and said what could and could not get the tag 4G.  There’s nothing vague about it.  It’s a speed class… and each of the technologies are not invisible.  HSPA+ and LTE are both very *specific* terms, and are used, to define what they mean by 4G.  So no, we don’t need to let them make “vague” clams… because they’re currently making very specific, technological claims as to what their 4G really is…

        Or do AT&T phones not say H+ next to the antenna meter… and Verizon phones say 4G LTE… maybe I’m just blind.

  • EW7

    I’m glad with all the issues in the world 3G vs 4G is a bigger issue for the government to deal with

    • Anonymous

      People who don’t understand the political system should not make stupid comments.

  • AnonGuy

    I hope this passes.

  • Anonymous

    Guaranteed minimum speed? So if my speed on verizon drops below a minimum while traveling in a train through a tunnel in the rain during the superbowl, can I sue?

    Congress needs to be abolished.

    • Cer

      I bet they say that the speed range is 0 – [highest LTE can possibly go]. Which will make the entire law useless.

  • Cer

    Jobs jobs jobs. Go Congress!

  • Anonymous

    Its good what they are trying to do for the consumer with 4G and all, but they should focus on the budget that they still can’t figure out….If they have time to draft a bill to try to hold the wireless companies to a standard on 4G. They should muster up all that time and effort and come up with a solution on how to balance the budget so the gov’t can continue to operate with no interuptions and without any hickups….I apreciate the effort though and I hope that it passes…..hopefully the wireless industries don’t have enough politicians in their pockets to shoot down the bill…

  • Aj

    Wimax is history.

    So we have Verizon and Sprint with LTE. Do they drop EDVO?

    AT&T is rolling out HSPA+ and LTE. What is the logic behind that?

    T-mob will just speed up their HSDPA and just throw in the towel.

    Personally, at some point the bandwidth race will get silly. I think the multicast features is where you get value. Sports junkies have deep pockets. I think only LTE has multicast.

    • Bullet Tooth Tony

      1xEVDO will be here for the next decade…. AT&T is rolling out HSPA+, because it’ll also be here for the next decade… they’re called fallback networks……

  • homescrub

    Yes, thank you!  Because retards think any phone on AT&T has 4G.  Unbelievable the shit that is spewed to make money and rip off consumers.  AT&T of them all.  Ever stand next to one of these disciples and listen to their idiotic questions?  ”So, 4G gives me a faster phone…?”  Yes!  AT&T vouches for this!  Go to their Best Buy retailers and see the ads.  There is no 4G!

  • http://pulse.yahoo.com/_MRXKXFO5F7NVWFJHNZFO7NEHVY Big R

    This is not necessary.  Ask any iPhone owner and their device will connect at the fastest of 4G speeds since it is a 4S, it has to be at least as fast as 4G.  Trust me, this is how 5 neighbors think and one is a robotics engineer.  

  • Anonymous

    Let me see if I understand this……  $15 TRILLION dollars in debt, borrowing money from China, Japan and the Fed Printing money out of thin air as fast as the presses can run……   and our congressional representatives worry about whether cell phone speed is fast enough……..      

    Makes perfect sense, if you don’t think about it. Bread and Circuses.

    Or maybe one of our congressmen cannot reach their lobbyist or have those bribe payments sent via faux 4g fast enough. 

    • Anonymous

      So you think that all of Congress shouldn’t work on anything but the budget?

      We’d fucking run this place into the ground if there were more people like you around. 

    • Bullet Tooth Tony

      You do realize that 33% of that debt is money owed to you, through things such as savings bonds, t-bills and the like, and another 33% of the debt is money the government owes to itself……. right?

      Oh… and in your scenario you didn’t list our national assets against our national debt…. because, ya know…. it kinda makes a difference, and swings things to triple digits, the other way…….. hmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

      • Bullet Tooth Tony

        I got a little crazy on my hmmmm… it says, You do realize that 33% of that debt is money owed to you, through things such as savings bonds, t-bills and the like, and another 33% of the debt is money the government owes to itself……. right?

        Oh… and in your scenario you didn’t list our national assets against our national debt…. because, ya know…. it kinda makes a difference, and swings things to triple digits, the other way…….. 

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