pmcnamara
News Editor

Lawmaker to cell operators: “We’re going to be heard now”

Opinion
Dec 20, 20063 mins

The chairman of the state Senate committee that oversees telecommunications in Massachusetts is pushing what appears to be first-of-its-kind legislation that would force mobile phone providers to come clean about their service problems and coverage gaps, as well as offer more reasonable terms for early termination.

Michael Morrissey, chairman of the Joint Committee on Telecommunications, Utilities, and Energy, tells the Boston Globe: “Like everybody else, I’m generally frustrated with the level of service. I bought my daughter a phone to use in school in Pennsylvania and it didn’t work — it’s worked lousy for the last couple of years. You have no idea when you buy the phone if you’re going to get service.”

Is there a man or woman alive who can’t tell a similar story? That’s what Morrissey has going for him. … But it doesn’t mean he’s likely to prevail.

From the Globe story:

The bill, drafted by Morrissey, would force the companies to issue semiannual public reports detailing their signal strength, their dead zones, and gaps in coverage, along with the number of dropped calls.

In addition, the legislation would allow customers with poor service to terminate their contract with their cellphone company without having to pay hefty penalties. Consumers would pay only a pro-rated share of the early termination fee, based on how long they have had their service; currently, customers who wish to get out of a service contract are usually required to pay the full termination fee.

There are no similar laws in effect anywhere in the country, according to industry officials.

The legislation appears to face a variety of daunting hurdles, including:

— It’s a terrible idea. The industry will shriek in alarm over the prospect of facing 50 sets of regulations in 50 states. And in this case they’ll be right. Which isn’t the same thing as saying they should escape regulation on these issues altogether. Congress and the FCC need to step up to the plate here, if for no other reason than to deter efforts like this one in Massachusetts. The new Democrat-controlled Congress could do a lot worse than pick up this populist issue early in 2007.

— The telecommunications industry is renowned for its lobbying prowess, most notoriously in Washington, but when necessary, at the statehouse level. A similar bill was filed last year but never made it out of committee.

— And, the Department of Homeland Security is sure to kick up a fuss, as it already has regarding service-reliability data collected by the FCC. According to MSNBC:

A federal Freedom of Information Act request for the data, filed in August by MSNBC.com, has been rejected by the agency. The stated reasons: Release of the information could help terrorists plan attacks against the United States, and it would harm the companies involved.

That’s a bunch of bunk, of course — the only thing being protected are the reputations of lousy providers — but good luck getting that prohibition lifted.

On the other hand, this is Massachusetts and anyone who puts anything past this state’s Legislature hasn’t lived here very long.