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FCC Chairman Genachowski has proposed six net neutrality principles be adopted as rules by the FCC. This welcome sign for an "Open" Internet could affect everything from your home broadband Internet Service to your cell phone and broadband data card service.
The important take from Genachowski's proposal for Internet users are the concepts that
1. Net Neutrality rules should apply to Internet access in any form, be it cable, dsl, fiber, wireless data card, cell phone or otherwise. While Internet Access Providers (IAPs) like AT&T and Verizon have clammered to state their general support for the principles on their wired offerings, these same two companies are already coming out against net neutrality for wireless. Net Neutrality for wireless access will be key to promoting the same kind of innovation and relatively level playing field we have seen in applications and access on the personal computer.
2. That this proceeding is about hashing out specific rules that will be applied to Internet access, rather than stating general principles that will guide case by case determinations.
This is a welcome move by the FCC Chairmain (and hopefully, in short order, the rest of the Commission) and could help address the fact that consumers are accessing the Internet from a broad variety of devices with varying degrees of "openness."
Make no mistake, AT&T and Verizon's quick response make clear the public will have a fight on its hands to ensure the policy goals embodied by these proposals are not lost in the details.
Wireles phones and broadband data cards are already notorious for restricting their Internet access as to the devices you can use, the kind of content you can access, and the applications you can
Genachowski cited the following four principles articulated by his predecessors
1. Network operators cannot prevent users from accessing the lawful
Internet content of their choice
2. Network operators cannot prevent users from accessing the lawful Internet applications of their choice
3. Network operators cannot prevent users from accessing the lawful Internet services of their choice
4. Network operators cannot prohibit users from attaching non-harmful devices to the network.
and then the Chairman added two new principles:
5. "Non-discrimination -- stating that broadband providers cannot discriminate against particular Internet content or applications."
"This means they cannot block or degrade lawful traffic over their networks, or pick winners by favoring some content or applications over others in the connection to subscribers' homes. Nor can they disfavor an Internet service just because it competes with a similar service offered by that broadband provider. The Internet must continue to allow users to decide what content and applications succeed."
6. "The sixth principle is a transparency principle -- stating that providers of broadband Internet access must be transparent about their network management practices."
Why does the FCC need to adopt this principle? The Internet evolved through open standards. It was conceived as a tool whose user manual would be free and available to all. But new network management practices and technologies challenge this original understanding. Today, broadband providers have the technical ability to change how the Internet works for millions of users -- with profound consequences for those users and content, application, and service providers around the world.
The real difference is that now, as in the ongoing Comcast case regarding Comcast's throttling of Bittorrent, the details of what net neutrality means will be debated and honed. This will as contentious in the wireless arena as anywhere.
Internet users of all stripes should be watching the progress of this proposal at OpenInternet.gov
Additional links on FCC Chairman Genachowski's Net Neutrality proposal:
Public Knowledge says its only day 1
See this article as originally posted and find more information on Net Neutrality at our affiliate New Media Rights.
"Net Neutrality for Dummies," Flickr user Symbi, shared under Creative Commons Attribution-ShareAlike 2.0. Creative Commons is a great alternative to traditional copyright. You can share and remix Creative Commons works, as well as license your own creativity under Creative Commons licenses.
Balance billing is a practice too many of us are forced to fight. After a doctor or hospital visit, we are sent bills for the difference between what our healthcare plan pays and what the medical provider determines are reasonable rates. The question is: Can patients be billed for this amount?
First, let's make sure we have our terms straight. Having to pay for a deductible or a co-pay does not involve balance billing. These are normal charges that you agree to pay as part of your health insurance plan.
Also, there is a difference between a balance billing dispute and a coverage dispute. If you are being billed because your healthcare insurance provider claims it does not cover the medical service or claims to only cover part of the service, your problem is with your healthcare provider and the specific contract to which you or your employer agreed.
Assuming you have a balance billing issue, you next have to distinguish between the different medical plans.
If you have Medicare or Med-Cal, you cannot be balanced billed. It is prohibited with very limited exception under state and federal law.
In California, if you have individual or group health insurance coverage (insurance regulated by the California Department of Insurance) then balance billing is prohibited for medical services rendered that are covered by your insurance plan.
For medical services that are not covered by your insurance, the medical provider may still bill you.
Lastly, there are managed health plans including HMO plans, and certain PPO plans. These plans are regulated by the Department of Managed Healthcare and often referred to here in California as Knox-Keene plans.
Balance billing most often arises under these plans because your plan provider and medical providers often have agreements that the medical provider will discount the rates. In situations where there is no agreement between the medical provider and plan provider there is often a disagreement about what is the fair rate. At this point, you, the patient winds up in the middle getting assessed charges you never expected.
Under California law, balance billing on Knox-Keene plans is prohibited in most situations. Generally, if a medical provider is contracted with a plan provider for medical services, the medical provider cannot bill you for those covered services. A medical provider is also prohibited from attaching a lien to any judgment you may be entitled to if your medical services are covered by your plan provider
Additionally, the California Supreme Court recently in Prospect Medical Group v. Northridge Emergency Medical Group decided that medical providers cannot balance bill you for emergency services you receive. It is important to know though that emergency services are only those services you receive until you are considered stable by the medical provider.
What is still unclear is whether you can be balance billed when you receive medical services from an off-network provider covered by your plan. In this case, the plan provider determines not to pay a portion of the bill because the fee is considered unreasonable.
The California Supreme Court, did not specifically answer this question in the decision. However, if you receive medical services your plan covers from an off-network provider and your plan provider is only disputing the reasonableness of the rate charged and not whether the service is covered, there is a strong argument to indicate that you cannot be balance billed for those services.
If you receive a bill from a medical provider because he/she is disputing with your insurance provider over the reasonableness of the rate, you should dispute the bill with your medical provider and the Department of Managed Health.
Here is a sample letter you may use to dispute such charges.
If you need and help or have any questions you can always call, email, or submit an online complaint to UCAN's Fraud Squad.
As shocking as it sounds, Congress actually did some things to protect the victims of predatory credit card companies and banks this year. New laws put restrictions upon finance charge increases, additional fees, marketing of credit and notice about changes in financial agreements. Here's a summary of the two major legislative packages:
- Requires card companies to provide a 45-day notice of an increase in your annual percentage rate. Credit card companies may not raise interest rates on new account holders for the first 12 months. Limits have been placed on the creditors' ability to impose changes to the terms, and promotional rates must be offered for at least six months.
- Double-cycle billing is no longer allowed. Nor can you be penalized for on-time payments.
- You have the right to prohibit a creditor from completing any over-the-limit transactions resulting in a fee.
- Over-the-limit fees can be billed only once unless the debtor gets an additional extension of credit.
- It requires penalty fees to be reasonable. The Federal Reserve is required to adopt regulations to determine what is reasonable.
- Creditors can't use the term "fixed rate" unless the credit card actually has a fixed rate.
- Creditors must send you their bills 21 days before they are due. Payment due dates must be on the same day of each month. When a payment due date falls on a weekend or holiday, the consumer can pay the bill on the next business day without being late.
- Card issuers must consider your ability to pay before giving you a credit card or increasing the credit limit.
- Your credit card bills must now tell you the following: The date a payment is due before you are charged a late-payment fee; and if your interest rate changes because your payment was late.
- Companies must now publish their credit card agreements on the Internet, and provide an archive copy to the Federal Reserve Bank.
- There are new protections for card holders under the age of 21.
- It is now generally unlawful for companies to issue gift certificates ( including store gift cards and pre-paid cards ) that have an expiration date. In addition, stores and credit companies may not charge you a fee for not using the gift card/certificate immediately.
Truth in Lending Amendments, Mortgages.
In 2008, Congress enacted the Mortgage Disclosure Improvement Act which amends the Truth in Lending Act. The new law took affect in 2009. Specifics include:
- Creditors must now make early disclosures on closed-end loans that are secured by a consumer's home, even when it is not the consumer's primary residence.
- You must now be given a disclosure statement before you are charged any fees. The only exception is a fee for obtaining your credit report. Disclosures must be mailed or delivered seven business days before fees can be levied.
- If the annual percentage rate in the disclosures becomes inaccurate, the creditor must provide a new notice of disclosure.
Author David F. Scranton has just published an extensive summary of your new rights as a credit-card user, bank savings account holder, and mortgage customer. The article, titled "Year of the Consumer," is published on Mondaq. Viewing articles on Mondaq.com requires registration, but if you are interested in a summary of most of the new rights you now enjoy as a debtor, this scholarly article is for you.
UPDATE: Toyota recalls 3.8 million Toyota and Lexus vehicles, according to Channel 10 News.
A fatal crash in Santee, California, that killed four people, has prompted Toyota to issue a mandatory inspection alert of all Lexus and Toyota vehicles. The vehicle involved in the accident was a 2009 Lexus ES 350.
Toyota is ordering mandatory inspections of all Toyota and Lexus vehicles after an improperly installed floor mat was linked to a crash that killed four people last month near Santee, California. One of the victims was a California Highway Patrolman, who was driving the vehicle.
A frantic passenger in the car told a dispatcher that the car was traveling at 120 mph and that the accelerator was stuck.
According to an article in the Union-Tribune, Toyota recommends that vehicle owners should check their floor mats to make sure that either the carpet or rubber mat is properly secured and clipped to the floor.
In 2007, Toyota issued a recall for some of its mats due to complaints about the mats slipping forward and trapping the gas pedal.
Consumers may take their vehicles to dealers for inspection and cars will be inspected when brought in for service as well.
"We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured," said officials of Toyota Motor Sales USA in a statement.
A fatal crash in Santee, California, that killed four people, has prompted Toyota to issue a mandatory inspection alert of all Lexus and Toyota vehicles. The vehicle involved in the accident was a 2009 Lexus ES 350.
Toyota is ordering mandatory inspections of all Toyota and Lexus vehicles after an improperly installed floor mat was linked to a crash that killed four people last month near Santee, California. One of the victims was a California Highway Patrolman, who was driving the vehicle.
A frantic passenger in the car told a dispatcher that the car was traveling at 120 mph and that the accelerator was stuck.
According to an article in the Union-Tribune, Toyota recommends that vehicle owners should check their floor mats to make sure that either the carpet or rubber mat is properly secured and clipped to the floor.
In 2007, Toyota issued a recall for some of its mats due to complaints about the mats slipping forward and trapping the gas pedal.
Consumers may take their vehicles to dealers for inspection and cars will be inspected when brought in for service as well.
"We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured," said officials of Toyota Motor Sales USA in a statement.
When "I Hear You Knocking" was written in 1955 discussion of a password for your phone system would have got you sent to the looney bin. Or branded a Commie. As you'll see in a future post, business phones back then consisted of a instrument, maybe some buttons to pick more than one line, and an operator (or secretary) who took messages for you. Today, any business phone system has voicemail. Most of them let you access your messages remotely by dialing in and entering your extension and a password.
Since the mid-1990's more and more business phone systems have been designed as computer based vs monolithic (like your old Merlin or TIE system). This trend to Computer Telephony has resulted in smart phone systems like TeleVantage, Asterisk, SwitchVox, Fonality, AllWorx, Zultys, PBXact, and ShoreTel, and, more recently, similar products from the Legacy Players, that can make routing decisions for your calls based on user-defined criteria. The power that comes with this can, like any power, be used for good or for evil (see "Captain Call Control" Issue 1 "Revenge of the Voicemail Zombies"). Some nefarious individuals know this and, when they're not writing malware or convincing you to buy "this luxurious used Yugo, owned by one old lady", they are looking for ways to get in.
It Happened To Dr. Telecom
My business phone system is Vertical TeleVantage. I started noticing a lot of calls from the same area code 209 phone number that would just hang up. At first I thought it was telemarketers. Then I looked at the log. Yes, one of the nice things about a CTI (aka Computer Telephony Integration or Smart-PBX) system is that it keeps a log of all calls and you can manipulate it in Excel. I found that these calls, and those from 3 other numbers, were dialing the code to log in to my account.It’s fairly easy for a hacker to identify a TeleVantage or other CTI phone system because of the out-of-box default method of logging in from a phone. For example, if you were blind, you could probably tell you were eating at PickUp Stix as opposed to another restaurant because if you asked for “Stix House Salad” you’d get food. At any other restaurant, you’d get nothing.
Some hackers have computers that spend their lives, 24/7 dialing around in numerical sequence, just like the people who dial around probing for fax machines so they can add you to their junk fax lists. Bastards! Once the hacking computer stumbles upon a voice, it dials the TeleVantage-typical tone sequence. If it gets the expected response, it knows it's "at Pickup Stix" and it goes to Stage 2 and starts looking for valid extensions (and wonton soup). ZERO, i.e. Operator, is a good place to start. Once found, it goes to Stage 3 and tries passwords. Once it stumbles upon one that works (probably because it was the factory default or the extension or 1111) it's logged in so it tells that extension to forward all calls to the hacker’s friend’s house in Timbuktu. The hacker hangs up and calls back, dials the extension he’s already forwarded, and gets connected to his friend and talks for hours– on your dime.
Passwords and VoiceMail
It's simple. If you just have voice mail and you leave your password as the factory default or change it to your extension or 1111, a nasty person can find your account and listen to, even delete, your voicemail. If you value your privacy, and maybe even company secrets, use a decent password. You could be held responsible by your employer if a mailbox in your charge was accessed and important information was leaked.
Smart Phone Systems
As I've shown, if compromised, a hacker can use your phone system to make long distance calls and you'll get billed for them. If you aren't paying attention, this can go on for a long time. Example: if someone leaves the company, had a weak password, and nobody disabled their account on the phone system, a hacker finding their account could do this for weeks - until you peruse your next phone bill and hit the floor in a coma. YOU DO REVIEW YOUR LONG DISTANCE BILLS, DON'T YOU?
This happened to a customer of mine. We contacted the San Diego CATCH Team who were so overloaded that they said they couldn't handle the case unless the damage was over $5,000. We even had the CallerID. The customer worked out something with the long distance carrier but still had to pay a lot of money.
Some Smart PBXs have a security check option. The system will look thru all passwords and report on which are not strong. And, like most servers, the admin can set a minimum password length so that users can't get lazy and use "11" as their password.
If you don't know how to reset your password from the default, see your system administrator, the product manual, or call the manufacturer's tech support.
UPDATE: Sept. 11, 2009 - T-mobile has withdrawn the $1.50 billing charge. (if you have found otherwise please call us at 619-696-6966)
Throughout August T-Mobile has been sending notices to its customers that it will start charging $1.50 per month to send you your paper bill. When did sending a customer a bill become something that was not included in the plan?
This is for all paper bills, the "detailed bill" and the "summary bill", which means if you are receiving the "detailed bill" you will soon be paying $3.49 per month to receive it in the mail.
In my book if a company cannot afford to mail you your bill then it should just stop charging you for service, problem solve.
Realistically, though T-Mobile will continue to charge you for service so what are your options besides paying an extra $1.50 a month.
Option 1: Access your bill online. Some people prefer this option; many individuals were already receiving their bills online. It appears that if you receive your bill online you can still use all of the same payment methods including mailing in a check.
Option 2: Try to cancel your T-Mobile contract without an ETF. You should have 30 days from the date you receive the notice to cancel your contract without being charged an ETF. This charge should be considered materially adverse to you or at least an increase in your set monthly charges.
When you call be sure to mention your right to cancel under the terms and conditions. The relevant section states:
5. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE T&Cs IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A CHANGE INCREASES YOUR SET MONTHLY RECURRING CHARGE(S) (the set amount - which does not include overage, features, optional services, taxes and fees - you agreed to pay each month for at least a one-year Term), WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.
http://www.t-mobile.com/Templates/Popup.aspx?WT.z_unav=ftr__TC&PAsset=Ft...
If you have any trouble cancelling and feel you are within your 30 days let us know by submitting an online complaint or calling the fraud squad.
Companies always seem to be looking for a new way to charge you. To quote Tom Petty "As we celebrate mediocrity, all the boys upstairs want to see how much you'll pay for what you use to get for free"
But remember you are under a contract and you have rights under that contract and when a change is made you should have a right to at least leave that contract without charge. Also you should make T-Mobile aware that you are dissatisfied with this charge even if you intend to pay the charge to continue receiving the paper bill. Customer satisfaction should be important to them and T-Mobile needs to know when its customers are not satisfied.
Lyric quote: Tom Petty and the Heartbreakers; "The Last DJ"; Album: The Last DJ Label: Warner Bros. 2002
Many of those annoying prerecorded telemarketing calls that disturb your sleep, dinner and favorite TV program will be banned starting September 1. The FCC approved the ban last August and violaters face fines of up to $16,000 per call.
Before rejoicing too much, be advised that the ban does not apply to many of the calls you regularly receive including those from banks, politicians, charities and public service announcmenets.
The ban applies only to prerecorded calls known as "robocalls" and you will still receive telemarketing calls if you give a company permission to contact you.
For additional protection, make sure you register--or re-register--your phone on the Federal Do Not Call List at http://www.ftc.gov/donotcall
If you still find you are receiving robocalls, file a complaint at the FTC Web site at https://www.ftccomplaintassistant.gov/ or phone toll-free 1-877-FTC-HELP.
Questions raised by bloggers and online media about AT&T's role in the rejection by Apple of an Google Voice app for the Iphone, have prompted the Federal Communications Commission (FCC) to ask the three companies "what gives." To its credit, it is good to see the FCC asking questions under the new Obama Administration.
Big Picture
Indeed, there is at least the hint of possibilities of progress with proposed FCC inquiries (which still need to be decided upon next week) that may finally explore long overdue problems in the cell phone industry including overall competitiveness of wireless markets, exclusive handset deals, misleading billing practices, contracts and technology used to trap consumers, and fair and open access to networks.
To the FCC: Take time to carefully explore this marketplace. It has become a center for the flow of communication, ideas, and cultural expression. Consumer protection and innovation will be fostered by making companies play by the rules, and creating a marketplace that adapts to consumer demand, not allows a few actors to dictate the future.
Back to the Google Voice App
The FCC asked important questions. BUT, because FCC didn't ask all the questions (ie Was there ANY contact AT ALL from AT&T to Apple on this app? What was it, specifically? Was it solicited by Apple or was it from AT&T?). Essentially the companies say the following:
AT&T - We didn't have any involvement in the decision(emphasis added), Apple never asked and we never gave input as to the decision.
Apple - We make final decisions on our apps (many of these decisions are becoming more and more controversial as I discuss below) and didn't ask for AT&T's input on our decision.
I'm sorry but that's not good enough for me--to give the companies a free pass. Many of the media reports have not mentioned this doublespeak. It's not clear from these statements that there was NO involvement in the app rejection.
AT&T may be capable (at times) of figuring out, monitoring, and designing how its own network works.
Apple may be pretty good at designing a phone and internal applications on that phone.
But, as far as how consumers use the device, and what 3rd party applications, information and expression are available through the network and the phone, consumers are the best to decide. There need to be real limits on companies shaping the marketplace for ideas and culture.
Sure Apple is going to get apps submitted that try to execute malicious code and has the right to refuse these apps.
However, when Apple rejects an app for using "dirty language," but approves fart-related applications, or rejects an application as it once did for Eucalyptus reader which simply legally provided the ancient book the Kama Sutra, a book that was already available through other Iphone apps, it illustrates the failure of having a company decide what is good for the customer.
Consumers, citizens, must drive the future of services and technology, and the ideas, communication, and expression they carry. Companies must respond to consumer demand, not tell them how it will be. That's how a real market works.
Easy Access to Credit (the old-fashioned way)
Ten days after thieves smashed my car window and stole my purse at Sunset Cliffs; ten days after they ran up about $1,000 worth of charges at stores a few miles away from the scene, the San Diego Police Department returned my call to take a report.
The SDPD's telephone report unit has a backlog of 700 crime victims waiting to give reports - 590 on the day my purse was stolen. A very candid member of the unit told me that they take the reports mainly to help victims with their insurance process.
"When it comes to the credit cards, because you don't have to pay, the credit card company becomes the victim," I was told.
And will they follow up on the information I have, the surveillance tapes at the stores and the Verizon phone card numbers? Not likely. Or did they let the local patrol officers know about the theft? No, because there were no witnesses and no suspects, and Sunset Cliffs is a highly transient area.
Well, okay. But what if there's someone working the area looking for joggers getting out of their cars? What if the same people are returning to Target and J.C. Penney's again and again with different cards?
Seems likely. According to creditcards.com, a website that offers people credit cards, Americans suffered $48 billion in all types of credit card fraud last year. While fraud losses are increasing at 7 percent a year, use is up 20 percent, suggesting that card companies are finding ways to detect fraud sooner.
Here's a really simple way: engage the local police to enforce the law and go after thieves! That $48 billion in losses is most assuredly passed on to consumers through higher interest and fees. Why not treat them like they've left a trail - as they have - and begin enforcing the law.
And why not create a method to let officers know about similar thefts on their beats? Right now, the thieves are free to return right back to where I left my car as soon as they finish their shopping and hit the car next to mine. There's no mechanism to let police know if an area is being worked, beyond a 10-day-old report.
That would take the fun out of the shopping spree!
As it stands, we're paying for it anyway.
- photo by Marty Graham
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