Here's part of the pseudo-congratulatory email.

Date: Mon, 25 Aug 2008 16:20:31 -0400
Subject: You've earned a new phone

UPGRADE TODAY!
Call 1.888.333.0047 or visit your local Verizon Wireless Store today

Upgrade today to any one of our advanced phones or PDAs we carry. Plus, for our exclusive customers, we've added an additional discount on one of our most popular devices, the LG enV2TM. All of this brought to you by Verizon Wireless, with the nation's largest 3G network and most reliable wireless network.

LG Dare Bold touch screen, fearless features, 3G speed capable.

$249.99 2-yr. price
-$ 50.00 Mail-in rebate
$199.99 Your Price

(New 2-yr. agreement required on a new Nationwide Calling plan.)
LG enV2 Full keyboard gives you two ways to text or email.
EXCLUSIVE OFFER for our loyal customers.

It goes on like that for several models. Verizon gets special bonus points for including mail-in rebates as part of the "deal."

(Photo: Getty)

Hesse told the New York Times:

“We did it knowingly,” he said. “We are interested in quality, not quantity.”

After two quarters of hemorrhaging, Sprint has begun the process of trying to attract new customers, ones who pay their bills. This might prove something of a problem for a company that has the highest "churn" (the rate at which customers defect for other similar services) of the big three wireless companies.

Hesse says that potential Sprint customers don't know that the company has improved. What do you think? Has Sprint improved?

Sprint Puts Positive Spin on Losses [NYT] (Thanks, Dan!)
(Photo: Maulleigh )

But in this first real slowdown of the wireless age, consumers seem to be saying that home-based telephones are expendable luxuries, like Starbucks lattes or Coach handbags. And it makes sense. Confronted with high inflation, soaring energy costs, and stagnant wages, millions of households are facing choices about which monthly bills to pay and which commitments to maintain. And if it comes down to one or the other, the mobile or the home-based land line, it's clear which is a necessity and which is an option.

It's not just tight budgets, though. Slate speculates that foreclosures are also having an effect, because as people move into rentals or in with relatives, they shut off existing landlines and don't bother reconnecting.

I haven't had a traditional landline since 2002. At first I moved to Vonage, then a DIY SIP setup that I never could get working correctly. Finally I realized it was both cheaper and simpler to just forego a home line entirely.

"Phones Without Homes" [Slate] (Thanks to SpiderJerusalem!)
(Photo: Getty)

(Photo: Karpfish)

Unfortunately, there was nothing as exciting as what happened during my last iPhone purchase. I'm in New Orleans, and I figured people here wouldn't care as much as residents of other cities did. I was wrong. I showed up around 7:20, forty minutes before the store was supposed to open, and about forty people were already in line.The mood was a lot calmer than I remember it being in DC. This may have been because there were no sketchy dealings with elected officials' goons skipping the line and exiting with several iPhones. The AT&T store staff was friendly and helpful; they came around several times with bottled water (it's pretty hot in New Orleans in July, even early in the morning). They were also very good about warning people far back in the line that they were probably out of luck. Early on, they went down the line asking each customer what he or she intended to buy and counted them up. They came out a little later and stopped by me and said we might get phones, but everyone beyond us probably would have to order them. As it turned out, they were right: I got the last iPhone they had.
I can't say anything bad about the AT&T store. I can say plenty about AT&T corporate and Apple. Just like last year, they were totally unprepared for the launch. Gizmodo had spoken to a few sources about how many iPhones the AT&T stores would be getting:

AT&T wouldn't comment on how many per store, but Gary thinks north of 50-75, even in the boondocks, and another source tells us 100-250. Though AT&T wouldn't comment on the spread, logically, stores in more populated areas are going to get more.

The AT&T store I went to, in a commercial area of New Orleans, got 40. When I spoke to one of the store's reps, she said she was surprised they got so few this year because the line had been at least twice as long last year, and only about half of this year's line got phones. Whether this was poor planning or Apple trying to claim that it sold out across stores nationwide to further the buzz, I don't know. This store is getting more stock to sell sometime tomorrow, but per corporate rules, they can't create a waiting list from the people in line today who didn't get phones. Those people have to "direct order" them (pay for them now and have them arrive in 7-10 days) or go get in line again tomorrow.
Like many others, I also had problems activating my phone. I keep getting the same "An unknown error occurred" in iTunes each time I plug the iPhone in. I swapped the provided sim card out for the one I was using with my old iPhone, but still nothing. Then, as I was writing this, I received a text message and suddenly was able to make calls. I still get error messages when I sync with iTunes, but at least I'll be able to make calls while Apple and AT&T figure out who's to blame.
Overall, the line wasn't too bad, the AT&T staff was helpful, and most of the customers—save one who apparently didn't realize that the discounted prices were for new contracts or iPhone customers, not existing customers—were normal. It's a little ironic that New Orleans, the most bizarre place I've ever lived, was lacking any iPhone high jinks, drama, or scandal.

One way to escape your contract is to call up your carrier and argue that they have made a materially adverse change to your service agreement. Most cellphone contracts contain a clause allowing customers to escape their contracts if a materially adverse change is made, usually in the form of a rate increase. Here's an example clause from a Verizon contract:

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Below are some recent rate increases by the major providers. Some of these might have occurred far enough back that they are outside the window to call and complain, but we've also heard from readers who didn't get any notice, or who got late notice, thus keeping them within the required period to contest the change.
T-Mobile
We posted about this a couple weeks ago, but just to reiterate: T-Mobile is raising its text message rates on August 29th. That's a materially adverse change to your contract. Run while you can.
Verizon
Although Verizon likes to play dumb about what constitutes a materially adverse change to your contract, a Verizon fee increase was the impetus for this article: A reader writes in that he used Verizon's recent Federal Universal Service Charge increase to escape without an ETF. Here is Verizon's increase notification:

The Federal Universal Service Charge (FUSC) is a Verizon Wireless charge that is subject to change each calendar quarter based on contribution rates prescribed by the FCC. On July 1, the FUSC changed to 2.42 percent of assessable wireless charges, other than separately billed interstate and international long distance charges. The FUSC on these charges changed to 11.4 percent.

Sprint Nextel
There are conflicting reports that, as of July 13, Sprint will be eliminating its SERO plan altogether, or making existing customers switch to unlimited data "everything" plans, or just forcing that on new PDA customers. Barring that, a text message increase probably isn't too far away.
Other Techniques
We offered advice on escaping your contract last year when the iPhone first came out. Besides complaining about materially adverse changes, you can sell your contract, complain that service is substandard, move to an area out of your network, join the military, or die.

PREVIOUSLY: 6 Ways to Cancel Any Cellphone So You Can Get an iPhone
"Material Adverse" Clauses in Cell Phone Contracts [United Consumer Action Network]
(Photo: Getty)

Reader Sean writes:

After being disconnected from Verizon Wireless’ regular support line about three times in a row, I did some digging and got a phone number for their tier 3 voice support, and tier 2 data support. They both use the same number. These people actually know what they are doing and get things fixed. Also, they can authorize overnight RMA’s without having to go ask their boss. No long phone tree either!

(Photo: northernplateguy)

Rick Fields
910-794-6244

Lisa Jackson
910-794-6242

Korlene Baker
910-794-6233

Lisa Williams
910-794-6232

Verizon Wireless executive customer service desk: 845-365-7700, 908-306-6750, 910-794-6200

Dan Malutith (Supervisor of Exec Relations)
910-794-7372

(Photo: Getty)

(Photo: Getty)

Ever-crafty Google, which campaigned heavily for "open network" regulations on the spectrum (and won that battle), seems to have gotten its way without spending any money.

Verizon, not Google is big winner in spectrum auction [Bizjournals]
(Photo:*nomad*)

Hmm. [Ars Technica]

She's also threatening to place caps on fees for SMS services and data plans if carriers don't cut their rates.

Compare that to the U.S., where as recently as last week a lone congresswoman had to ask three national carriers when they were going to honor their promise to pro-rate ETFs, and AT&T Mobility wouldn't even answer her.

(Thanks to Sanjay, who says that in France there are already some carriers offering per-second billing.)

"EU wireless regulatory body looks into mobile phone billing - European Commission wants per-second mobile phone billing" [IntoMobile]
(Photo: World Economic Forum)

From Forbes:

"Verizon wants more spectrum to close the gap between it and AT&T," said Stifel Nicolaus analyst Rebecca Arbogast. Verizon owns 49 megahertz of spectrum compared to AT&T's 75 megahertz. "I'm reasonably confident that Google does not have the spectrum now," she added.

Also, it's thought that Verizon is trying to take control of the block by bidding up the smaller regional pieces of spectrum in order to take advantage of an FCC rule that says if "regional bids top the bids for the C block, that block must be split up and apportioned to the highest bidder or bidders."

Google could then bow out gracefully and everyone is happy.

What do you think? Did Google accomplish its mission by lobbying the FCC for an open network? Or will you be disappointed if C-block goes to Verizon?

Google Likely Out, And Happy [Forbes]

All we know is that someone bid $4,713,823,000 and won. may have won.

Says the New York Times:

One thing is certain: because the C Block hit the $4.6 billion reserve price set by the Federal Communications Commission, certain rules will apply that will require the winning company to open its network to devices from competing companies.

Cool.

UPDATE: The NYT says it was wrong about there being a winner. Other companies can technically still bid, yadda, yadda. Oh well, we're still happy about the reserve price being met. We're all winners. The Times says:

This post was wrong in saying that rules prohibit anyone from bidding higher than $4.7 billion for the C block. There are some rather complex ways that another company could in fact raise the bid in coming days. I'll write a post explaining this later.

Rick points out, "My problem is that AT&T isn't communicating anything—I would be strung up at work if I handled major outages this way."

(Thanks to Rick!)

My son recently was deployed to Iraq. His cell phone carrier is Alltel. Prior to leaving for Irag, he cancelled his cell phone coverage before the completion of his 2 year contract commitment. As his father, I telephoned Alltell, explained the situation and asked Alltel to have the $200 early termination fee waived. Alltel explained they only waive the $200 early termination fee if the party is DECEASED.

Mark, check out this post about Alltel's policy for those serving in the military. Even if they refuse to budge on the ETF, they should be able to hold the account in limbo for 18 months without charging any fees.

(Thanks to Mark!)

RELATED
"A Document Alltel Looks At When You Want To Cancel Cellphone Service"

I just got a wireless bill from Cincinnati Bell with $180 worth of overages. Thanks to several of the articles I've read on your site, I felt confident that I would be able to get them waived. And I did. The one thing I did that I probably wouldn't have done without your site was when the rep I was speaking with said that she "didn't have the power" to grant my request (I wanted all of my overages waived if I upgraded my account), I didn't lose my cool or get upset but calmly asked to talk to her supervisor. Her supervisor offered me what I wanted without ever having to ask! One hundred and eighty, thanks.

He successfully made the following argument: waive my overages and I will upgrade the account and make your money. Bam. Simple business equation. Businesses do stuff like that all the time. Think like a business, talk their language, and you might have more luck getting what you want.

(Photo: Getty)

Bidding for the national franchise in the C block started at $1.037 billion in the morning and was raised to $1.245 billion in the afternoon. The reserve price for the national C block is $4.6 billion. (Google has said it will bid at least $4.6 billion for this block, but there is no requirement that it place a bid in that amount at first.)

There will be three rounds of bidding on Friday, but none over the weekend. Mr. Levin said that by mid-February it would become clear whether the bids for the national blocks will exceed their reserve prices.

Spectrum Auction Day 1: $2.779 Billion in Bids [NYT]
Auction 73 700 MHz Band [FCC]

Many of AT&T's newly found customers seem to have come at Sprint's expense. Despite their successes, AT&T is still plagued with more customer churn than Verizon, so be alert for possible "retention" deals.

AT&T's earnings get wireless boost [MarketWatch]
(Photo:epicharmus)

Unlimited PDA data plans will be lowered to $30, with unlimited MediaNET access going for just $15 per month. However, text messages will no longer be bundled with data plans. An extra $5 gets you 200 SMS text messages per month, $15 gets you 1,500 text messages, $20 gets you unlimited individual texts, and $30 gives your family plan unlimited text messaging.

"AT&T May Limit Unlimited Data Plans To 5GB Per Month
" [IntoMobile]

RELATED
Forum posting on HowardForums
(Photo: Getty)

Here's the excerpt from the contract, sent to use by Andrew:

15.Rogers may change these terms, and any aspects of the services, upon notice to you. *If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate.*

People have tried this reasoning to get out of cellular contracts here in Canada, but when pushed the carriers simply relent and allow you to continue your service while being bound under the "old" contract instead of the new one, in turn keeping you locked in.

RELATED
"Cancel Verizon Without Termination Fee Based On New Text Message Rate Increases"

We'd love to tell you more about the website, but we can't get most of it to load, and neither could the reader who told us about it.

We're also not sure how people without internet access are supposed to apply. If any of you manage to get the website to work, you can post your thoughts about it in the comments. We're going to stop clicking and go make some coffee.

DTV2009

Car communication systems
Generally, cars from the 2003 model year and older with OnStar from General Motors Corp., TeleAid from Mercedes-Benz or Lexus Link are affected, and most won't be upgradable. Upgrade kits are available for most OnStar systems from model years 2004 and 2005.

Home burglar and fire alarms
"Homes that have them will lose wireless backup alarms, which kick in if someone cuts the phone line."

"Gadgets Affected by Analog Shutdown" [Wired]
(Photo: Getty)

"We believe it's important to put our money where our principles are," said Eric Schmidt, Chairman and CEO, Google. "Consumers deserve more competition and innovation than they have in today's wireless world. No matter which bidder ultimately prevails, the real winners of this auction are American consumers who likely will see more choices than ever before in how they access the Internet."

Early next year, Verizon will be publishing technical information for developers, and that "any device that meets the minimum technical standards will be activated on the network."

"I think it's a reaction to Google," Tole Hart, an analyst at Gartner Inc.,told the Wall Street Journal. "I think it'll help them. It gives customers more options."

Verizon Wireless to Offer Open Access to Network [Wall Street Journal]
(Photo:nomad73)

"In the meantime, we are making all the necessary preparations to become an applicant to bid," he said. "Our goal is to make sure that American consumers have more choices in an open and competitive wireless world," the spokesman added

Meanwhile, back at its headquarters, Google is already operating an advanced high-speed wireless network under a test license from the FCC, according to people familiar with the matter. The company has erected transmission towers on its campus for the network. Prototype mobile handsets powered by the Android software are currently running on it.

Experience with the technology could aid the company in operating a full-fledged carrier, one of the options it's considering. Google is betting it could potentially build and operate a wireless network faster and cheaper than traditional operators.

Google Has Even Bigger Plans for Mobile Phones [WSJ via Wired]

According to AirDefense, about 85% of the 2,500 wireless devices that it discovered in retail stores, such as laptops and barcode scanners, were vulnerable to wireless hacks. Out of the 4,748 access points that were monitored for the survey, about 550 had poorly named SSIDs that could give away the store's identity.

An analyst points out that AirDefense has a business interest in finding and pointing out security holes, but that doesn't make the findings imaginary. Even the analyst admits it's a real problem in retail today:

"Wireless security continues to be the major hole that allows criminals access to retailer systems," she said. "It's very difficult to lock it down" for retailers.

Verizon Wireless abandoned its legal challenge Tuesday of the Federal Communications Commission's rules for its upcoming auction of radio spectrum, removing a potential obstacle to the much-anticipated sale.

The company, jointly owned by Verizon Communications Inc. and Britain's Vodafone PLC, filed a notice in the U.S. Court of Appeals for the District of Columbia that it was dropping its appeal.

The court earlier rejected an attempt by Verizon Wireless to have its appeal considered on an expedited schedule so it could conclude before the auction begins in January. Verizon's filing to the court Tuesday cited this as the reason for its decision to drop the challenge.

Legal experts had said that the company's challenge was unlikely to succeed because the courts generally defer to the FCC in rule-making procedures.

Verizon Wireless Drops Challenge to FCC [CNNMoney]
(Photo:WhiskeyTangoFoxtrot)

"Is there a business model there? I'm not sure if there is or not," he said during a Q&A at the Web 2.0 Summit. "It's a huge opportunity. It's beachfront property. When it comes to buying spectrum, it's the best you're going to find for a long time," Stephenson said.

AT&T just paid $2.5 billion for a company that owned a chunk of wireless spectrum. "It's the first time, I think, that we've ever paid $2.5 billion for a company that had no revenue," Stephenson said.

"It'll be interesting to see if somebody can go in and pay $4.5 billion for the spectrum, then build a network, then build OSS [operations support systems] and all the other systems," remarked Stephenson, "then turn that loose, can you make money at it? I don't know."

Web 2.0 Summit: AT&T's Stephenson Doesn't See Business Model For 700 MHz [InformationWeek]
AT&T undecided about bidding in 700-MHz auction [Computer World]
(Photo:Eddie S)

AT&T doesn't have the cojones to appear before the committee, so the heavy task of defending the industry will fall solely to Verizon CEO Lowell McAdam. Facing off against the industry, Minnesota Attorney General Lori Swanson - who sued Sprint for illegally extending contracts - and representatives from Consumers Union, the Public Service Commission of West Virginia, and a researcher from George Mason University.

Set your phones to vibrate and keeping hitting refresh to watch as the Senate asks Verizon: "Can you hear me now?"
(Photo: KB35)

09:50: The video feed is alive and well.
10:05: C-SPAN was going to cover this hearing, but apparently the Attorney General confirmation hearing is more important.
10:09: "Meeting to order!" "Let me say two things: I will have to leave soon." Looks like Amy Klobuchar is going to chair this meeting. Good, we like her style.

10:10: @Papa Midnight: Locked phones might make an appearance, but the Senate cares more about other practices. Even our favorite bill of the 110th Congress calls only for a FCC study on unlocking.
10:11: Over 230 million Americans in a country of 300 million have cellphones. 18% of us, present company included, use their cellphone as their sole number.
10:12: We think Rockefeller (D-WV) is talking, one of the co-sponsors of our favorite bill, The Cell Phone Empowerment Act.
10:13: He's from West Virginia, where they don't have good coverage, which is why a requirement for accurate maps made it into the bill.
10:13: Rockefeller: our limited regulatory system is inappropriate when only four companies control the landscape.
10:13: And he's attacking the industry's deceptive billing, where the industry charges 'regulatory fees' to cover ordinary operating costs.
10:14: "If the industry was so competitive, one would have expected these deceptive charges to have evaporated."
10:14: "Sounds more like collusion than competition to me." Yes, yes it does.
10:15: Rockefeller is attacking the industry's assertions that the lack of complaints to the FCC indicates satisfaction with service. Most consumers know that a complaint to the FCC won't go very far.
10:17: Ok, we can't read nameplates today. This looks like Byron Dorgan (D-ND), but sounds like someone else. He has a story about how a cellphone once rang loudly in the oval office. Haha, irrelevant!
10:18: Ok Papa Midnight, he just mentioned that locking is only done in the U.S., and is something the Senate needs to take a look at as well.
10:19: The Senator is accurately tying Verizon's latest rejection of NARAL's text messages to net neutrality, and wants to hold a hearing just on that. Excellent.
10:21: Klobuchar is here, welcoming Minnesota's AG. Apparently, the cellphone industry pockets $100 billion per year.
10:22: She's painting the cellular landscape with remarkable accuracy: consumers enter into restrictive contracts without proper information, and can't cancel without even when the service is subpar.
10:23: She's casting her legislation as the modern-day solution that holds short of imposing new regulation, aiming only to give consumers the ability to find the best service at the best price.
10:24: Even with AT&T and Verizon's pro-rated ETFs, only 55% of the market is covered, so the Cellphone Users Bill of Rights - the other name for the Cell Phone Empowerment Act - is still necessary.
10:25: "If the cellphone companies are advertising who has the least amount of dropped calls, consumers have the right to know just where those dropped calls are."
10:27: "Competitive markets work best when consumers have access to the best information."
10:28: Yay! Senator Stevens is here.
10:28: NO! The Senator dropped his statement into the record without reading a word.
10:29: Jim DeMint (R-SC) is attacking the government. His office, like all Congressional offices, gets thousands of complaints each day, which shows that the federal government can't handle complex things (like a war in Iraq?)
10:30: DeMint thinks nothing beats a competitive market, which apparently, is provided by four cellphone companies that all follow the same practices. Still, "there is no compelling reason for the government to get involved."
10:30: 150 companies are competing for our business? Oh really, Senator? Name 15 of them.
10:31: "Consumers really are empowered." Um, no, they are not.
10:32: "Government regulation can't keep up with this dynamic industry." He's citing trial periods and prorated ETFs. Great, that's called staying ahead of the game so windbags like you can say, 'see, industry already did it!'
10:33: According to DeMint, companies are embracing unlocked phones. Hear that, iPhone owners? By the way, how's that 1.1.1. firmware update written at AT&T's behest working out for you?
10:35: Oh good, DeMint is done so we can stop banging our head against the desk and go get some ice.
10:36: McCaskill has had and hated: Sprint, Nextell, AT&T, and Verizon.
10:37: Uh oh, she didn't buy a text messaging plan for her three teenagers and didn't realize that they could receive text messages without her consent. This, from a member of the Senate Commerce Committee.
10:38: Ha, she's going on a good government bent and plans to introduce a bill banning people from taking cash to stand on line for Committee hearings. Lobbyists pay people big bucks to stand in line for a hearing so they're guaranteed a spot in the room. The lines are one of the best ways to figure out which hearings deal with big bucks. This hearing had a long line.
10:40: Damn! Line standers get $60 an hour! If you could stand in line from 9-5 each day, that works out to $120,000 per year. But we digress...
10:44: Senator Cantwell is talking. We doubt her consumer credentials. She used to be a VP of Real Networks, notorious makers of the insidious crapware Real Player, perhaps the most consumer unfriendly piece of multi-platform junk floating around the internet. At least she thinks that ETFs are harsh and unnecessary.
10:46: Cantwell is arguing that the Washington State AG receives more complaints about cellphones than anything else, especially with regards to coverage, disclosure, and billing errors.
10:47: 'I'm not convinced that the industry is self regulating.'
10:49: Another Republican, John Thune (R-SD) is here. Let's see if he agrees with DeMint's pro-industry anti-consumer views.
10:50: Tough to tell. He's looking forward to the panelist's testimony.
10:51: He agrees - $60 is a lot to stand on line.
10:52: We have no idea who is talking. Balding with glasses? Can you identify this Senator?
10:53: Glasses is taking us back to the first regulatory measures, which targeted the industry for its interstate nature.
10:53: He's wondering if there is enough competition, arguing that four or five competitors is necessary. Even in rural areas, he says, there are 3.6 providers, which he thinks is enough. We want nothing less than DeMint's 150 competitors IN EVERY SINGLE MARKET.
10:54: Pro-industry Senators are hellbent on proving that customers are satisfied because they aren't complaining to the federal government. Our site's existence apparently isn't enough to sway them, so we will add to our list of recommendations: call you Senator!
10:56: He's now railing against federal price controls, an idea nobody up until now has mentioned or endorsed. But yeah, Communism bad, competition good.
10:57: Ah, that was John Sununu (R-NH).
10:58: Senator Vitter (R-LA) is going Stevens on us and skipping his opening statement so we can get to the panelists.
10:59: Lori Swanson, the MN AG is talking about a Minnesota resident who was lied to by her cellphone carrier. She was told she could cancel anytime, but charged a $175 ETF when she tried to cancel. So sad and not at all uncommon.
11:00: 4 companies control 80% of the market.
11:01: Finally, the point we have wanted to hear: ETFs bear little to no resemblance to the costs incurred by carriers when they lose a customer.
11:01: "In a fair transaction, there is a meeting of the minds." Nobody thinks that cellphone contracts are fair.
11:02: The BBB receives the most complaints about the cellphone industry, which beats out 3,600 other companies.
11:03: @Red_Eye, there's no verbatim transcript, but the Commerce Committee website will have a link to the archived audio.
11:05: Verizon's CEO is just going to talk, submitting his remarks for the record.
11:06: He's praising the Clintons for establishing a "light touch" regulatory system, where companies earn customers' business every day.
11:07: Verizon is always focused on what they could do better, which is why they talk to their customers every day. Oh, Verizon, it's been so long since we've had a heart-to-heart. Are you really talking to all your other customers? You don't love us anymore.
11:08: The ultimate authority is in the customer's hand. Ha, right. We can apparently go to one of seven companies? What happened to 150?
11:09: He implores the Committee: "Let us compete!"
11:11: Patrick Pearlman of the West Virginia Public Service Commission makes a compelling argument that wireless carriers should be regulated as if they were landlines now that many consumers are using them as their sole number.
11:12: To back up his point, he mentions that wireless companies, like their landed brethren, are trying to get cash out of the Universal Service Fund.
11:14: Consumers Union bringing the sarcasm: "We're sure the timing of AT&T's announcement yesterday had nothing to do with this hearing."
11:16: CU is attacking the premise of the ETF. The iPhone doesn't receive any carrier subsidy, so what fee is the carrier recovering when charging an ETF? Prorating an unreasonable fee is still unreasonable.
11:17: Ah, good - he's attacking carriers for crippling their phones (ahem VERIZON!) Specifically, he's mentioning that Blackberries have mapping software that carriers block so consumers will be forced to use the carrier's software.
11:18: 'If they're so competitive that they don't need oversight, they can't say 'here's a fee for canceling, here's a fee for adding service, they can't throw all these things in the way of competition.'
11:23: Mike Higgins, who represents a rural carrier, thinks rural carriers are great.
11:24: He thinks the FCC should handle all regulations, realizing that big carriers aren't the same as small ones. If you guys are so great, then you shouldn't worry about ETFs, junk fees or locked phones, right?
11:26: He supports unlocked phones because no handset maker will build his company a phone. "Apple won't build an iPhone for Central Texas Tech."
11:27: We're onto Jerry Ellig of the Mercatus Center at George Mason University. The way this guy sits brings one word to mind: swashbuckler.
11:28: He's not failing us! But he also doesn't think that new regulations per se will improve his horrible experiences as a cellphone customer.
11:29: "We have to do more homework. (What would you expect an academic to say?)"
11:30: He's going to try to answer three questions:

• Is there a systemic problem that regulation can solve?
• Are there effective alternatives?
• What are the unintended consequences?

Oddly, the winning headset didn't provide superior sound quality, but its single-button design made it "incredibly easy to operate, and the squishy rubber loop/in-ear earpiece design was by far the most comfortable I tested."

The fancy $120 Jawbone headset (the one that looks like a tiny, sporty cheese grater) landed right in the middle of the pack. Writes the reviewer:

I didn't mind its relative bulkiness, but the concealed buttons represented an irritating emphasis on style over function. Several times, I ended calls when trying to navigate the noise-cancellation feature, and I never managed to jack up the volume to a satisfying level.

Ranked from worst to best:

• Samsung WEP410, $99.95
• Nokia BH-208, $39.95
• Motorola H700, $99.95
• Jawbone, $119.99
• Jabra BT 8010, $149.95
• Blueant Z9, ($99.95)
• Nokia BH-803, $149.95
• Plantronics Voyager 520, $99.95

"Can You Hear Me Now?" [Slate]
(Image: Plantronics)

At first, Verizon agreed to the rule. Now they're suing to stop it, calling it "arbitrary, capricious, unsupported by substantial evidence, and otherwise contrary to law."

Google immediately snapped back, posting on their blog:

The nation's spectrum airwaves are not the birthright of any one company. They are a unique and valuable public resource that belong to all Americans. The FCC's auction rules are designed to allow U.S. consumers — for the first time — to use their handsets with any network they desire, and download and use the lawful software applications of their choice.

It's regrettable that Verizon has decided to use the court system to try to prevent consumers from having any choice of innovative services. Once again, it is American consumers who lose from these tactics.

Verizon Lawsuit (PDF) [Google Public Policy Blog]
Consumer choice is always the right answer [Google Public Policy Blog]
(Photo:Getty)

In the plus column, the FCC ruled that the winners of space on the new, better, faster 700 mhz network would be "required to provide a platform open to devices and applications." This is good news, both for Google and for consumers in general.

Google didn't get their request for a requirement that would force companies to lease the new space to smaller "third-party" operators in order to create a so-called "third pipe" into the home along with phone and cable.

Google responded to the ruling on the Google Public Policy blog, praising the FCC for adopting the conditions that they did. From the tone of the post, they haven't ruled themselves out of the auction:

...it would have a more complete victory for consumers had the FCC adopted all four of the license conditions that we advocated, in order to pave the way for the real "third pipe" broadband competition that FCC Chairman Kevin Martin has been touting. For our part, we will need time to carefully study the actual text of the FCC's rules, due out in a few weeks, before we can make any definitive decisions about our possible participation in the auction.

In the meantime, we thank Chairman Martin for his leadership, and his compelling insight that American consumers deserve better in the wireless and broadband worlds.

Signs of Real Progress At The FCC [Google Public Policy Blog]
FCC REVISES 700 MHz RULES TO ADVANCE INTEROPERABLE PUBLIC SAFETY COMMUNICATIONS AND PROMOTE WIRELESS BROADBAND DEPLOYMENT (PDF) [FCC]