Articles
Ms. Buyer is a regular columnist for the New York Daily Record and is a contributor to Business Communications Review. She has also written numerous commentaries on telecommunications law for both Communications Convergence and Computer Telephony. Her articles cover a broad range of topics highlighting current telemcommunications issues including federal and state telecommunications policy, wireless technologies, spectrum policy, FCC initiatives, and industry consolidation. Martha Buyer has also contributed to the ABA Journal Report. Pdfs of the articles are archived here:New Technologies
If it Looks too Good to be True... Vonage and other VoIP Options
A friend of mine recently made me aware of a pending class action lawsuit brought against Vonage for the internet phone provider’s purported misleading statements about the quality (or lack thereof) of fax service it supports. Vonage provides telephone service under a technical configuration called “Voice over Internet Protocol” or “VoIP” for short. VoIP offers all sorts of great options and features at incredible prices, but it’s not without its risks, some of which could put the system owner (read: employer) at significant risk...
:: Journal of the Bar Association of Erie County :: March 2009 ::
Planning for Technology Changes
A couple of weeks ago a close friend of mine called in a panic. An office move was pending and there was some sort of crisis about telephone service and equipment. "Could you please come in and help right away?" she pleaded. I got my assistant dialed in to do the necessary number crunching, and we prepared to step up to manage the network and a possible equipment change in a very short period of time. I went into my friend's office to discuss the options and asked for the necessary documentation so that I could make the best possible recommendations, both for the short and long terms...
:: The Daily Record :: March 11, 2008 ::
Taking Advantage of the iPhone ... without actually buying one
I really, really, really need a new personal digital assistant/ BlackBerry-type unit. When I leave my office, I carry three separate devices with me: A wireless phone, a Black- Berry (it does my e-mail and, while it’s capa- ble of phone service, it’s really not very good) and a PDA (because I like my Windows-driven device, even though it’s fading fast). This is really ridiculous, perhaps even more so because I consider myself to be a telecommunications professional — ha! I even got locked into a two-year contract when I got the BlackBerry, which despite an outright assault on my kind account executive, relying on my (usually) highly effective and persuasive charm skills, I’ve been unable to break. On June 12, I’m free to get another device (and lock into another agreement for some longer-than-I’d-like-period ...
:: The Daily Record :: June 11, 2007 ::
VOIP Coming of Age
Amidst the I. Lewis "Scooter" Libby trial, the problems at the Walter Reed Army Medical Center and the latest season of American Idol, (please note there was no mention of a celebrity funeral or stint in rehab, both of which have received way too much attention) it’s not surprising the Federal Communications Commission's (FCC) action on Voice over Internet Protocol (VoIP) garnered little attention. The ruling made clear, however, that all incumbent local exchange carriers must allow connections between themselves and VoIP. The ruling represents the strongest signal yet to all markets that VoIP is here to stay. The FCC’s action overrides earlier moves taken by public service commissions in Nebraska and South Carolina with respect to access to existing networks. If you’re not asleep already, it is important to note this ruling reflects an absolute coming of age for VoIP technology.
:: The Daily Record :: March 12, 2007 ::
Be Aware of Vulnerabilities Associated with New Technology
A couple of weeks ago, someone for whom I have a great deal of respect asked me to assist him in evaluating a young company providing service in the telecom industry. I was asked to consider this company from the outside only for the purpose of advising a potential investor. As a result of this research, I ultimately concluded that an investment in the company would not be prudent, but the issues were much less about the deployment of cool technology than the way that the product is being marketed. With this mind (and recognizing that I only got paid in the event that the investment wasmade, and the company was ultimately successful), I hoped that it was understood that my motives were pure.
:: New York Daily Record :: August 14, 2006 ::
VOIP: Welcome to the Dark Side
Just before Thanksgiving, I received a call from a family friend, who, in an effort to economize on her many calls to her elderly mother living overseas, decided to try her carrier’s voice over IP (VOIP) service offering. The carrier, which she was using for local and long distance services, quickly sent by overnight mail a black box that was supposed to enable the VOIP connection.
:: Business Communications Review :: February 2005 ::
Voice Over Internet Protocol: Not Ready For Prime Time?
Even for the telecommunications "civilian," the topic of Voice over Internet Protocol (or VoIP as it's affectionately called) has received a great deal of attention. While the technology offers a great many features at what can be a great price, there are a number of issues that anyone, whether a single residential customer or large corporate enterprise, needs to consider and prepare for before making the switch from traditional telephony to voice over the Internet...
:: New York Daily Record :: December 13, 2004 ::
Issues Regarding Voice Data Sent via Internet
:: New York Daily Record :: December 18, 2003 ::![]()
Wireless
Cell Phones and the IRS The Taxman Commeth… At least for now
For a variety of reasons, I have not been a fan of corporate ownership of wireless phones and devices which are distributed to employees (see BAEC Bulletin. Although telecommunications consultants and managers recognize the cost savings in such corporate ownership, from a liability perspective, I believe that corporate ownership of these devices used by employees are simply not in the best interest of the enterprise. And recent litigation and settlements prove this point. But that’s another topic for another day.
:: Bar Association of Erie County Journal :: January, 2009 ::![]()
The Candidates' Telecom Policies and You
Like me, I suspect you have had just about enough of the misleading, slanted and just plain distorted rapid-fire television and print ads that have overpowered the usual rush of cleaning supplies and HUGE car sales spots that normally ratchet up the volume between segments of those programs you regularly watch. Now that we can see the finish line of the election season, it's important to consider telecommunications issues that major party candidates view differently. Some differences are greater than others...
:: The Daily Record :: Noveember 4, 2008 ::![]()
Reading a Wireless Bill? Do Sweat the Small Stuff
It may be a little early to get excited about this, but there seems to be some good news for anyone who is willing to review a wireless phone bill. So, for all of the legitimate (although there are those who would suggest that none of these line items are anything close to legit) surcharges, fees and miscellaneous line items that appear on phone bills which are, if baffling, at least permitted by the fine print in those contracts that no one (ok, except me) ever reads, this week, there is big news. On May 30, the Superior Court of Fulton County, Ga., gave its preliminary approval of a settlement (and, at the same time, certified the settlement class) for AT&T Mobility customers who may be eligible for refunds of unauthorized charges that appeared on their bills between Jan. 1, 2004 and May 30. That’s right - there's a now a reason to examine your wireless phone bill line by line rather than just tossing it into the pile...
:: The Daily Record :: June 9, 2008 ::![]()
The Wireless Auction Didn't Turn Out As Well We Thought It Might
As long ago as the immediate aftermath of Sept. 11, public safety officials and civilians alike learned there was no mechanism in place to provide emergency notification in the event of a disaster. The aftermath of Hurricanes Katrina and Rita only served to exacerbate this point when families were split up with no means of communicating with public safety officials, let alone with each other. Most are frightfully familiar with the horrible images of desperate people looking for their loved ones in the Astrodome in Houston, as well as on the streets of New Orleans and, earlier, in New York City...
:: The Daily Record :: April 14, 2008 ::![]()
Prevent Employees from Using Phones While Driving
A telecom-savvy client of mine recently returned from a wireless trade show (Mobile Explosion) in Las Vegas. None the worse for wear, she called me to ask some important questions about corporate management of wireless (aka "cell") phones. At one presentation, an expert in the area of telecommunications expense management (TEM) correctly informed his audience the best way to manage the expense is to bring all devices "in house," and make wireless devices company property...
:: The Daily Record :: February 11, 2008 ::![]()
Let the Bidding Begin
Every once in a while, when a group of consumers yells loudly enough, an entity not only hears, but responds. That's exactly what has happened in the world of American wireless telephony in the past month. First, under incredible pressure, wireless carriers are allowing consumers shorter and/or more flexible contracts so they are not locked in without option until the dreaded 24 months are over. There are costs for contract flexibility, but carriers finally are hearing consumers' numerous complaints and are releasing their collective stranglehold on them. Think honey versus vinegar: Honey's always more effective, par- ticularly when the competition is tough
:: The Daily Record :: December 10, 2007 ::![]()
Big News In The Wireless World
Three newsworthy events in the telecom legal/regulatory world have provided me with all sorts of mater- ial for this column. For purposes of clarification, none of them have anything to do with what beaches are hot this spring break, the start of baseball season or the plight of the eight U.S. Attorneys and the Attorney General. The first of these stories is the recent classification of wireless broadband as an information service, the second is the issue of wireless phone use on planes and the third is the recently issued injunction against Vonage for violating Verizon’s patents...
:: New York Daily Record :: April 9, 2007 ::![]()
Wireless Industry Battle Of The Bands
In what may turn out to be the ultimate telecommunications grudge match between government and private firms, both governmental entities and representatives from cable, broadband and traditional phone companies are duking it out. State by state, municipality by municipality, the battle over who can - and should - be providing broadband wireless access, both in cities and rural areas is reaching a fevered pitch...
:: New York Daily Record :: March 14, 2005 ::![]()
Consolidation Of Service Providers In The Wireless Industry
Since October 2004, there have been three major mergers/acquisitions announced in the telecommunications industry. If all three go through, will represent a major consolidation in the wireless industry. The first of these was Cingular's purchase AT&T Wireless. Second, in mid-December, officially billed as a merger of equals, Sprint, largest wireless operator in the United States acquired by the fifth largest operator...
:: New York Daily Record :: January 10, 2005 ::![]()
Portability Of Wireless Local Numbers
In 1981, a song called 867-5309, blared everywhere, from roller rinks to frat parties. Even today, there are literally legions of people who, though loathe to admit it, can sing this song and be immediately transported back 20 years. In an interesting coincidence, VH-1 is running a series in November called I Love the 80s, where the one singer, Tommy Tutone, is featured. Given that in area code 716, that number, if in use, would belong to a wireless customer, a moment of reminiscence provides an easy lead-in to discuss wireless local number portability, which will become reality on Nov. 24, 2003.
:: New York Daily Record :: November 10, 2003 ::
Using Wireless Phones Outside U.S. Borders
Because of our proximity to the Canadian border, many Western New Yorkers (and others) take our wireless phones across the border and use them with impunity. And everything is great until the bill arrives. The extra charges assessed by Bell Canada for use of an American (or other countries’ based phone) wireless phone that uses - at least in part - Bell Canada's network, can be nothing short of staggering...
:: New York Daily Record :: November 8, 2004 ::![]()
Mergers & Acquisitions
Innovative Thinking and New Jobs in Merger
The Federal Communications Commission's last minute, year-end approval of the merger between AT&T and Bell South provided an opti- mistic end to 2006 from the perspective of the telecommunications consumer. The process and outcome reflect an instance in which a combination of politics and circumstance yielded a result that, if enforced, could benefit the public in a way few thought was possible after the mega-merger was announced last March. By means of background, here is my version of the events leading up to the $85.8 billion acquistion...
:: New York Daily Record :: January 16, 2007 ::![]()
Low "Profile' Developments In Telecommunications
It's the mega-mergers that attract almost all of the media attention in areas of telecommunications, particularly in the last week with the announcement of AT&T's proposed acquisition of Bell- South. However, there are other recent activities in the telecommunications world that, while lower profile, still warrant a closer look. A case that received little attention was decided in January by the U.S. District Court in the Northern District of Illinois, Eastern Division. United Asset Coverage, Inc. v. Avaya, Inc., (no. CIV.A. 05C4350) provides an interesting look into the rationales and strategies used by large telecommunications equipment vendors (in this case, Avaya) as they sell their wares to end-users...
:: New York Daily Record :: March 13, 2006 ::![]()
What’s The Impact Of Recent Mega-Mergers?
At this point in the year, the two biggest telecommunications stories of 2005 will be the widespread failure of emergency response communications during the hellacious hurricane season and the mega-mergers of Verizon/MCI and SBC/AT&T. At the risk of beating an already-decaying horse, I want to devote one more column to the
mega-mergers because I believe the issues raised at the beginning of the merger process have really morphed into a completely diff e rent set of issues now that the mergers are legally over (although certainly far from implemented)...
:: New York Daily Record :: November 16, 2005 ::![]()
Impact Of Proposed Verizon/MCI Merger: Is It Robin Hood Or Robbin’ The Hood
On July 21, I attended a public hearing of the Public Service Commission (PSC) held in the City of Buffalo’s Common Council Chambers to hear about the proposed mergers of SBC/AT&T and Verizon/ MCI. I looked forward to hearing the comments of those interested in the proposed mergers. However, what I heard instead was an unabashed love-fest for the good actions and deeds of Verizon and its associated Verizon Foundation by any number of articulate speakers who work for laudable, worthy causes.
:: New York Daily Record :: Auust 8, 2005 ::![]()
Latest Acquisition In Telecommunications Industry
With the flurry of media attention directed toward the telecommunications industry since last week's announcement of the acquisition of AT&T by SBC, the number of truly good opportunities for quick witted pundits have been, to quote an over-caffeinated local car salesman, "huge." The fact a corporate acquisition of this magnitude that will not close until at least 2006 has relevance to the average residential or corporate consumer....
:: New York Daily Record :: February 14 , 2005 ::![]()
E-911 Update
New York and E-911…A Call to Action
Except for a few strange policy and public service wonks, most people don't think twice about 911. What most people know is that it's a service which exists to help people in emergencies. And aside from those nitwits who occasionally forget that 911 is for emergencies only, most people respect the motivation and expertise of the hard-working, highly trained individuals who staff the phones to help us in times of crisis....
:: Journal of the Bar Association of Erie County :: May 2009 ::![]()
E-911: Costs, Benefits And Pitfalls
As telecommunications technologies have advanced, most people have come to rely on them to make their lives easier, simpler and safer. In no case has this been more visible than with the level of emergency services available to American dialers who hit 3 - digits 9-1-1 - and are connected with the appropriate law enforcement and safety personnel, who are generally able to respond at a moment’s notice to save lives and property...
:: Business Communications Review :: November 2004 ::![]()
Telecommunications Law and Policy
The Candidates' Telecom Policies and You
Like me, I suspect you have had just about enough of the misleading, slanted and just plain distorted rapid-fire television and print ads that have overpowered the usual rush of cleaning supplies and HUGE car sales spots that normally ratchet up the volume between segments of those programs you regularly watch. Now that we can see the finish line of the election season, it’s important to consider telecommunications issues that major party candidates view differently. Some differences are greater than others
The Daily Record :: November 4, 2008 ::
AT&T and Verizon: Two Summer Telecom Sizzlers
It's summer, which usually marks the time when things calm down in Washington, D.C. and elsewhere. Based on the importance and intensity of some high profile telecom issues, however, you’d never know it. That is, unless the FCC and courts wanted to spit out the big stuff in anticipation of a long summer vacation. During the last 10 days of June, two major issues truly caught my attention for different, but important, reasons. Each is important for telecommunications users to at least be aware of, so their potential effects - or their effects - on business operations can be monitored. Specifically, the issues involve AT&T in an antitrust action and Verizon and its use, or misuse, of customer proprietary network information...
The Daily Record :: July 14, 2008 ::
Patent Issues in the Telecom Space
A great deal of attention has been paid lately to issues of patent infringement and costs associated with litigating such infringement. The folks at NTP, an entity that owns patents that it has successfully protected in protracted and costly litigation with Research in Motion (RIM), and more recently Verizon and Sprint, have been very successful in securing damages, both in terms of cash and future earnings from those it has sued. Last year, it almost successfully shut down the operation of millions of BlackBerries in the United States. This may be the most obviously visible technology patent problem, but there remains at last one other that affects - or could affect - users of contact centers (formerly known as call centers) and certain voicemail applications, and it’s one worth considering before an entity acquires new equipment that supports either of these applications...
The Daily Record :: October 29, 2007 ::
E-mail and Other E-evidence for Non-litigators
I am not a litigator. My courtroom experience is limited to an occasional visit to local traffic court for a friend. As such, when I was asked to participate in a podcast on changes in the e-discovery rules, I politely declined. After all, I didn't know anything, but the host of the podcast assured me she was looking for someone to consider the rules from the perspective of telecommunications managers and not as a litigant. With that in mind, I acquiesced. The podcast went well and it's posted at www.telecomjunkies.com. The issues we raised are relevant here, although from a slightly different perspective of the telecommunications and IT people instead of the attorneys doing the discovering.
The Daily Record :: May 14, 2007 ::![]()
Looking Ahead to Telecom's Future
Last week, I spoke with someone who asked me to forecast the telecommunications future 20 years out. In exchange for my comments, there might be a pending invitation to speak at the University of Southern California. Somehow visions of palm trees and warm ocean breezes in January danced through my head, and thus, I’ve been contemplating this challenge all week. Although I like a challenge, I think that rather than take the risk of prognosticating out that far, I’d be happier to take the lesser leap of forecasting/guessing the telecommunications regulatory future no more than a decade out. Given the universal acceptance of Moore's Law (computer horsepower doubling every 18 months), in the unlikely event that I’m right, my vision of the future 10 years down the road is likely to be proven right or wrong in fewer than five years.
New York Daily Record :: November 13, 2006 ::![]()
CALEA Is About Access, Not Content
Just as I was preparing to write a column about updates in wireless telephony, the Federal Communications Commission issued its long-awaited Second Report and Order and Memorandum Opinion and Order addressing several outstanding issues associated with the Communications Assistance for Law Enforcement Act (CALEA). CALEA, which is usually what's referenced when wiretapping is mentioned either at cocktail parties or on blogs, has been receiving a fair amount of attention recently because of new obligations that have been imposed on p roviders of broadband services, who will have to meet the FCC's original CALEA-compliance date of May 14, 2007.
:: New York Daily Record :: May 8, 2006 ::![]()
What Has Changed After a Decade Under the Telecom Act ?
The first week in February marked the 10th anniversary of the landmark Telecommunications Act of 1996. While this legislation has changed the telecommunications landscape, so too have the myriad technological changes which have created markets (and caused others to be abandoned) that may not have been anticipated by the drafters of the Act. In any case, a rewrite is pending, and in that light, it seemed that this would be a good time to evaluate where the 1996 Act has taken us in the past 10 years and then look to the future as we await the completed revised bill. As a side note, because the issues are so contentious, at the moment, there are two drafts of this bill currently circulating through Congress.
:: New York Daily Record :: February 13, 2006 ::![]()
Telecommunications In 2006 - What's Ahead
If 2005 was the year of the mega-merger in telecommunications,2006 may be the year when the nature of competition in this ever expanding marketplace takes on a whole new form. One of the most difficult conundrums of the past few years with respect to telecommunications law, is that because the technology has evolved so quickly, the laws that were drafted to regulate the industry - as well as the products and services it provides - no longer fit.
:: New York Daily Record :: January 18, 2006 ::![]()
U.S. Supreme Court Champions Cable Guy
While it may be blasphemous to admit, I don’t spend a great deal of time reading U.S. Supreme Court opinions. However, when one of interest comes along, I jump at the opportunity. Within the past 10 days, I've found the court's decision in National Cable & Telecommunications Association et al. v. Brand X Internet Services, et al. (no. 04-277, argued March 29 - decided June 27) an intriguing read. From its unusual and not totally on-point (some might go so far as to say "inaccurate") analogies (including the unusual and unlikely combination of cars, puppies and leashes and pizza delivery, all in an effort to describe how products and service "offerings” can be separated into individual components), t h rough Justice Antonin Scalia’s feisty and eloquent dissent, for anyone really into the nuts and bolts of telecommunications regulation, it’s the kind of court decision that appropriately qualifies as beach-worthy reading.
:: New York Daily Record :: July 11, 2005 ::![]()
Rewrite Of The Telecommunications Act Of 1996
Carriers Look To Provide Telephone, Internet And Television Services.
The importance of communications technologies and service offerings has continued to rise in the collective consciousness of those who monitor business patterns, trends, as well as successes and failures. Not surprisingly then, the current buzz about the rewrite of the Telecommunications Act of 1996 has taken on tremendous significance. For people in traditional telecommunications industries, and businesses that didn’t previously fall under the broad category of “having something to do with phones,” but do now, this rewrite is much more than another exercise in watching paint dry.
:: New York Daily Record :: June 10, 2005 ::![]()
Telecommunications Statutes Are Due For Change
I was in Washington, D.C. this week attending the American Bar Association's Section on Communications, Public Utility and Transportation Law continuing legal education seminar. While time at the seminar was spent away from much of the usual subject matter, one thing is clear: in the world of American telecommunications, the statutory scheme that's in place doesn't match the technology that's currently in use. The statutes, rules and regs are ripe for change. From the perspective of both the speakers and the audience, the sooner the better.
:: New York Daily Record :: April 11, 2005 ::![]()
Broadband Deployment
Rural Broadband and the Stimulus
One phrase being bandied about with as much frequency and interest as the latest organic weed killer is "rural broadband deployment."As stimulus money begins to trickle out of Washington, and the opportunities created by that funding grow, there is a great buzz surrounding how the funding can and will help areas of the country (including New York) where high speed Internet heretofore simply has been unavailable.
:: The Daily Record :: April 2009::![]()
Billing/Excise Tax Issues
This (pause) Here (pause) Fancy Frillery Just Hides Big Artillery
I am a huge fan of Broadway musicals. I've been waiting a long time to use this little lyrical gem from the 1972 musical "Sugar," based upon the movie classic "Some Like it Hot." In the musical, the line, "this here fancy frillery just hides big artillery" was sung by Broadway veteran actors Robert Morse and Tony Roberts dressed as women (the Tony Curtis and Jack Lemmon roles). Although I suspect the line has been quoted before, its relationship to telecommunications contracts is probably something that was never contemplated by its author, the virtuosic Bob Merrill, lyricist of, among other shows, "Funny Girl."
:: Bulletin of the Bar Association of Erie County :: November 2008::![]()
Federal Excise Tax Issues - Time is of the Essence
Depending on the circles in which attorneys travel, the Internal Revenue Service’s recent action which invalidated most of the long standing Federal Excise Tax on telecommunications, is either big news or not even a blip on the radar. However, for anyone advising small, medium and large businesses (including law firms), the IRS’s announcement (Notice 2006-50) of a one-time opportunity to receive a refund/credit (many of the details have yet to be released by the IRS) that can be as significant, on average, as an entire monthly phone bill. That can be serious money. What was once a burdensome and expensive process can be much less burdensome and expensive if actions are taken in advance of preparation of the 2006 corporate tax return...
:: New York Daily Record :: July 7, 2006::![]()
Watch Out For Hidden Fees And Surcharges When Using Certain Prepaid Calling Cards
In August, I was in Yellowstone National Park in northwestern Wyoming. Part of what makes Yellowstone so magnificent is both its unique and spectacular terrain and its total disconnect from my standard business life. Not surprisingly, wireless service in the park is not available in most areas...
:: New York Daily Record :: September 13, 2004 ::![]()
A Closer Look At Hidden Fees, Surcharges With Telecommunications Carriers
One of my major pet peeves when negotiating with any telecommunications carrier, whether it be a traditional long distance company or a wireless one, is the issue of hidden fees and surcharges. These fees and surcharges, along with taxes, usually amount to between 16 and 20 percent of the average corporate consumer's phone bill. What's more, while some of the fees and surcharges are legitimate fees passed on by carriers and providers their customers, others are merely additional lines revenue masquerading as government-imposed fees and surcharges...
:: New York Daily Record :: June 14, 2004 ::![]()
Recent Decision To Impact Application Of The Federal Telecommunications Excise Tax
Each month when I sit down to prepare this column, I wonder what subject in telecommunications law will be most interesting to the readers. And some months, I have to be honest, I really have to do some serious searching. However, this month, there's been so much going on, that it was difficult to choose one issue over the others. After some thought about the nature of the calls I've been receiving from clients in the last four weeks, I've decided to raise the issues of the recent Office Max case and how that decision could impact the bottom line of most large businesses...
:: New York Daily Record :: April 12 , 2004 ::![]()
Spectrum
FCC Takes Initiative To Clarify Its Role In Addressing Radio Interference Issues
As you enjoy this soon-to-be lovely Western New York summer, you will surely notice the large number of people carrying and using hand-held phones. Whether it's a teenager chatting with friends, or a stressed parent in the grocery store check-out line, wireless phones are in use everywhere...
:: New York Daily Record :: August 9, 2004 ::![]()
Nextel Looks To Purchase High-Frequency Wireless Spectrum To Minimize Interference
As I have mentioned previously, wireless spectrum is incredibly valuable. While it's not a commodity that can be touched or viewed, its value has increased as vast numbers of consumers have taken to the airwaves by purchasing - and using - wireless phones. The more players, the higher the value of the spectrum...
:: New York Daily Record :: May 10, 2004 ::![]()
Value of Radio Wave Spectrum Is On the Rise Again As Competing Carriers Bid for
Licenses
In a story that has more twists and turns than the most convoluted reality television show, NextWave, a company with big dreams, big dollars, big legal bills, and no product, has recently resurfaced in the bidding wars over wireless spectrum. Late in February, in fact, the FCC gave final approval to Cingular to purchase $1.4 billion worth of spectrum licenses held by NextWave for portions of spectrum that were secured at a highly controversial auction in 1996...
:: New York Daily Record :: March 8 , 2004 ::![]()
Consumer Issues
Belt-Tightening in Telecom Savings Opportunities and Risks
As we all face the holiday season with tightened belts (just after Thanksgiving turkey but before the holiday party season gets into modified swing), attorneys and staff at many offices are considering what changes can be made to cut the largely heretofore unnoticed office expense. Telecommunications is certainly one area where economies can be found, but as with anything else, changes in telecommunications equipment, networking and policies should be made with great care.
:: Bulletin of the Bar Association of Erie County :: December 2008 ::![]()
Help for Telecommunications Managers
It's summer, and for the first two weeks of August, the phone wasn’t ringing as frantically as it usually does. That means that, at least when the Olympics weren't on, I actually had time to dig into the pile of things I've been meaning to read, but simply haven’t yet found the time. While most things in the pile were not particularly captivating, I did read with interest a fascinating June report from the Aberdeen Group, "Slashing Telecom Expenses in a Looming Recession." And it provides a nice tie-in to the buzz-acronym of the moment, TEM, a topic I’ve been meaning to address for a while...
:: The Daily Record :: August 18, 2008 ::![]()
Outsourced Call Centers —Hope on the Horizon? YaMon…
Let me begin by saying that I’m no fan of call centers. Generally, I think that they exist not to provide service to cus- tomers, but rather to insulate companies from those customers they’re in business to serve. Anyone who has to wade through layers of menu choices, repeatedly provide account information and call back more than once to get the help needed can vouch for the fact that the experience is rarely satisfactory and fre- quently infuriating. Truth be told, one of my very first jobs was as a cus- tomer service agent at a major financial institution, so I have some experience on the front lines of this area of telecommunications. I learned very quickly that no one ever calls to say "Thanks a lot, my bill looks terrific this month."
:: The Daily Record :: September 10, 2007 ::![]()
Politics and Telecom: The issue of network neutrality
One of the hottest topics in the telecom world for the last year or so has been the issue of network neutrality. While I've written about it before, recent events related to the pending AT&T/Bell South merger have raised the profile of this issue to perhaps a new constituency. In particular, I am referring to the recusal of the FCC’s fifth, newest and majority-making commissioner, Robert McDowell on the matter. The long struggle to secure the merger between AT&T and Bell South (merger approval breezed through Justice Department but came to a dead halt in a deadlocked FCC). This recusal is particularly interesting because now the standoff between the 4 remaining FCC commissioners — two Democrats (Copps and Adelstein) and two Republicans (Martin and Tate) — has created some opportunities for consumers.
:: New York Daily Record :: December 11, 2006 ::![]()
On the Receiving End of Telecom Funds
During the four-plus years I have written this column, I spent a good deal of time addressing the issues surrounding the taxes, surcharges, fees and other random assessments that have become a large part of standard monthly phone bills. Whether you are paying a residential or c o m m e rcial bill, collectively these line items can add up to as much as 20 percent of long distance and international charges, above and beyond standard usage charges. While some of these levies are income masquerading as something that sounds like a legitimate tax but isn’t, it’s important to recognize that at least some of the funding generated by these line items, as well as funding from other sources, is put to good use across the United States - and to a lesser extent, the world - to improve communications and broadband deployment.
:: New York Daily Record :: October 19, 2006 ::![]()
Hello? Is Anybody Out There?
Generally, Americans believe that we areinvulnerable. The events of Sept. 11, 2001 weakened that perception and the intensity of the disaster surrounding Hurricane Katrina and its associated storm surge have further chipped away at our heretofore rocksolid sense of immunity from large scale catastrophe.
:: New York Daily Record :: September 12, 2005 ::![]()
Consumer Benefits From the Breakup of AT&T
Given my line of work, I'm not sure that I can count the number of complaints I've heard suggesting that despite the evolution of the telecommunications industry over the past 20 years, consumers are no better off today than before the Bell system was broken up just over 20 years ago. Many people reminisce fondly about the good old days of making one phone call to resolve a telecommunications problem, rather than the four or five routinely required today to find out whose responsibility it is to solve that pesky phone problem, let alone actually solving it.
:: New York Daily Record :: February 9, 2004 ::![]()
Consumer Code For Wireless Service — Help Or Hindrance?
While the hurricanes of activity surrounding MCI’s re-emergence into the marketplace are still swirling at full tilt (it is hurricane season, after all), before spending more time sorting out what the outcome might be, I thought I’d use this opportunity to highlight some recent developments in the world of wireless telephony...
:: New York Daily Record :: September 15, 2003 ::![]()
MCI Situation Forces Closer Look At Telcom Service Business
Recent allegations by competitors against MCI raise some interesting issues for carriers who provide interstate services within the United States. Whether or not the allegations made against MCI are true, the fact remains that the complex tariffing system, initially put in place to police carriers...
:: New York Daily Record :: August 11, 2003 ::![]()
Miscellaneous
Lost in Techno Space... What is the Smart Grid?
A few weeks ago, I attended a 75th anniversary event for both the Federal Communications Commission and the Communications Act of 1934. Sounds like a humdinger of a party, right? In fact, at the day-long event in Washington, several past FCC chairs spoke about where the FCC stands on a broad array of issues which fall under the agency’s large and somewhat strangely-shaped umbrella. ...
:: Journal of the Bar Association of Erie County :: April 2009 ::![]()
Cybersquatting and Number Hoarding
Not everything associated with new technology is new (or good). Just before Christmas, a judge in the U.S. District Court for the Northern District of California issued a decision awarding Verizon a whopping $33.15 million default judgment against OnlineNIC, a company whose business is as a registrar of domain names, for cybersquatting.
"Cyber-what?????????" I hear you asking yourself…. Cybersquatting, according to dictionary.com, is the registration of a commercially valuable Internet domain name, as a trademark, with the intention of selling it or profiting from its use...
:: Bar Association of Erie County Journal :: February, 2009 ::![]()
Analog Television is Dead
A recent letter to the editor of a local paper concerned a complaint about the impending switch from analog (aka "traditional broadcast") to digital television. Rules for the conversion, which require full-power television stations to cease broadcasting in analog format by Feb. 17, 2009, have received a great deal of publicity because of what the changes mean to those who continue to rely on broadcast television. ...
:: The Daily Record :: January 11, 2008 ::![]()
Timely Telecom Tidbits
It’s the beginning of summer and farmers' markets are starting to provide a sampler of freshly grown, seasonal produce. With this in mind, this telecom law update will be a quick sampler/overview of issues that may be of interest. Of particular interest to me at this time are the sales of Avaya and BCE Inc., and updates in the Federal Excise Tax claim process. From my perspective, the most interesting thing about the Avaya sale to two private equity firms is that Nortel was involved in the bidding until the very last minute. I think this indicates there is real, sustainable value in Avaya, not only in its current and future products, but in the revenue stream it generates...
:: The Daily Record :: July 9, 2007 ::![]()
Do Amish Use Payphones?
Wireless telecommunications technologies have changed most of our lives for the better. When was the last time you actually needed to use a pay phone because your wireless phone didn't show bars? However, if you were someone who didn't have access to a wireless phone, you wouldn't feel quite as ambivalent about the number of payphones that have been removed not just across New York State, but across the country as well. In the pre-wireless world, not only did people who were mobile rely upon payphones, but those busy payphones kicked back a significant amount of pure unadulterated revenue to the facility where the phones were situated. This revenue stream often helped to defray operating costs (or, in fact, generate profit) at airports, bus stations and other public and private facilities where the payphone was as commonplace as the front door.
:: New York Daily Record :: September 18, 2006 ::![]()
Telecommunications Statutes Are Due For Change
I was in Washington, D.C. this week attending the American Bar Association's Section on Communications, Public Utility and Transportation Law continuing legal education seminar. While time at the seminar was spent away from much of the usual subject matter, one thing is clear: in the world of American telecommunications, the statutory scheme that's in place doesn't match the technology that's currently in use. The statutes, rules and regs are ripe for change. From the perspective of both the speakers and the audience, the sooner the better.
:: New York Daily Record :: April 11, 2005 ::![]()
The Value of Independent Consultants
I've just returned from the annual meeting of the Society of Telecommunications Consultants (www.stcconsultants.org), an organization of independent consultants whose members must annually sign a pledge of vendor independence. These consultant members, whose expertise runs gamut from bill auditing to complex cable plan design, and everything in between, represent the finest of consultants whose ethical business conduct and technical credentials, though diverse, are beyond reproach...
:: New York Daily Record :: October 25, 2004 ::![]()
Inequality In Telecom Industry Must Be Election Issue
If there was any question that the power in the telecommunications marketplace has shifted from the long distance providers to entities who provide local service, the Solicitor General's decision in June not to seek to overturn a March ruling from the D. C. Circuit court governing terms and rates that regional Bell Operating Companies must charge their competitors for local service has erased any doubts.
:: New York Daily Record :: July 14, 2004 ::![]()
What Happens When When Rules That Were Written to Protect Winnie The Pooh Are Applied to SpongeBob SquarePants?
Early in October an article in The New York Times caught my eye. It was called "Your Own Affair, More (VCR) or Less (MP3)," and was written by Seth Shiesel. The article was compelling because it hightlighted, for the reader who does not live in the madness of these rules every day, how laws that were written to a address a specific technology have been applied to newer technologies that weren't even conceived...
:: New York Daily Record :: October 15, 2003 ::![]()
CEOs Need to Put the Customer First
In the current flurry of anti-corporate sentiment and outrage directed at the highest levels of management, some CEOs have attempted to shift the responsibility for their actions to those amongst them (read: all) who believe that the company's primary responsibility is to its shareholders.
:: Buffalo News :: August 14, 2002
U.S. Women’s Hockey Team Olympics Debut Builds on Years of Struggle
Twenty years ago, I played intercollegiate women's ice hockey. It certainly was more of a novelty then than today. But those of us who who gave our hearts and souls to the game understood then what most of the United States only now is coming to understand with the success of the Olympics debut: Women's hockey is great.Many of my teammates couldn't skate, let alone shoot, when they signed up to try out. As a figure-skater-turned-hockey player, I had a jump on many others and started in games frequently, even during my freshman year. :: USA Today :: February 16, 1998