Sidecut Reports

The lingering, won’t-go-away question about whether or not AT&T’s wireless networks are up to snuff reached a bit of a critical mass this past weekend, first with a critical story in the New York Times that was followed by reports of iPhone Disconnectus at SXSW.

Though Ma Bell tried to soothe the interactive crowd’s Twitter explosion of contempt by adding more cell capacity in Austin, Om does a good job of asking the bigger question of what’s up with the network anyway, and wonders if making AT&T fess up or fix it is a job for the new FCC.

But as our non-typo headline suggests, maybe this is really a task for the Federal TRADE Commission, which regulates things like truth in advertising and false product claims. If you want some regulatory action in this calendar year, the FTC might be a better bet because it probably doesn’t need new regulations passed to start wondering in a very legal sense if saying things like “More Bars in More Places” isn’t worth the same protection or information the FTC provides about things like automobile undercoating.

As I have stated before, I am no lawyer. But there’s no shortage of legal talent at the FTC, including its new leader Jon Leibowitz, who is among those making noises about getting involved in the whole net neutrality/telco regulation debate, a tussle previously fought mainly on the FCC’s turf. Maybe a good place for the FTC to start poking around is with the wireless data networks, where in the U.S. there are billing and advertising norms that would never be accepted in other industries. Could you imagine going to buy meat or milk, and the only guidance you had was a sticker saying “our meat is the best,” or “the best milk ever,” with no way of knowing even what animal it came from or where those animals live?

An extreme and weak comparison, perhaps, but why do we allow wireless providers to sell a product without disclosing how much of it we actually can use, or where it might be most available? Why isn’t there regulation of some sort that forces providers to disclose exactly where cell towers are and how strong a signal might be in any given location — so that you can actually consume the service you are paying for?

Again, these are very broad thoughts and suggestions for tightening the focus are welcome. But given that incoming FCC chairman Julius Genachowski probably won’t take over until late spring or early summer, and only then might start talking about necessary new legislation or regulation, why not let the FTC take a stab right now at bringing some clarity to wireless networks by helping to eliminate the fuzzy advertising, weak claims of “it’s working” and bring some measurement to the process? Forget about net neutrality, let’s start with just getting customers what they pay for, or making providers live up to or change their advertising claims.

And other news of note from the wireless, WiMax broadband arenas:

How about in-home cell towers? That’s kind of what you get when you buy a femtocell, like the one Verizon Wireless just started selling. More details here from our friends at Unstrung.

Michael Copps is FCC’s interim chairman: A nice honor for the longtime FCC commish, getting to wield the big gavel if only just for a little while.

AT&T to cut back on capex spending: Like we noticed with Verizon, it doesn’t seem like Ma Bell is in any mood to build out a new LTE network anytime soon, citing a need for caution in infrastructure spending.

More lawsuits from iPhone 3G users: Or maybe AT&T is saving money to spend it on lawyers who will be needed in cases like this one, which is about users suing Apple (again) for false advertising in regards to the iPhone’s 3G “performance.” Good thing there’s Wi-Fi in the device.

A prediction for the game: I say Springsteen wins, no matter what happens on the field. Odds that the band will play “Born to Run” are even money. In the end, our crystal ball says it will be the Cards and Kurt Warner hefting the big trophy to complete their surprising season. See you next week at 4GWE, where we can console ourselves over the end of the football season for another year.

News of note around the ol’ Internets:

Senate Ready for DTV Delay: Sen. Rockefeller says it’s a disgrace that the DTV transition needs to be delayed. Vote is next week?

WiMax Forum Wants to Make Roaming Easier: The industry group launches a plan to help providers, device manufacturers and others synchronize WiMax services for easier roaming.

Sprint Dials Up a $2B Public Safety Plan: The good folks at Sprint have an idea about how to spend some of that stimulus cash, to build a network for public safety personnel.

Wireless Providers Want Cash, Not Conditions: Meanwhile, the big cellular telco lobbying organization, CTIA, says stimulus cash is great, but please hold the “open network” conditions, thanks.

VoIP a Winner over 4G: A study says that Voice over IP will be a big winner on 4G networks. (We agree, and plan to cover the topic in our WiMax Focus research service later this year.)

There is a nice, long meaty piece on Wired.com today about how AT&T, Microsoft and others are teaming up to fight Google in the hallways and offices of Washington, D.C. Of course, readers of our Net Neutrality report (released last summer) know all about AT&T’s attempts to make Google Public Enemy No. 1, publicizing the search giant’s flaws in an effort to help stave off net neutrality legislation.

The Wired article is a good one, and helps explain why the Google-Yahoo deal went off the rails so quickly. Then again our Net Neutrality Report is a good one too, with plenty of background information on the players in the debate and why AT&T and Verizon have picked Google as a target. And since it’s now free, there’s no reason not to download it and catch up before the real fun begins this year.

Some nuggets of news from around the web on this holiday workaday:

Cell Meltdown for Inauguration? With all the BlackBerrys and iPhones in D.C., some fear a cellular meltdown for Tuesday’s inauguration.

How Much for Broadband Stimulus? Of course when the cell network goes fizzle that means Congress will instantly approve more funds for broadband buildouts. That would be the good news/bad news thing.

Clearwire Conflict of Interest on Transition Team? Keeping with our D.C. theme today Ars Technica looks at whether or not Clearwire exec Gerry Salemme gave his company an unfair boost by helping with the Obama team’s wishes to delay the DTV transition. So far, still just questions and no answers.

Kevin Martin Rides Into the Sunset: Our good pal Drew Clark writes about the resignation of the FCC chairman.

TheStreet.com Tests Out Sprint’s Hybrid 3G/4G Card (video): A quick and favorable look at Sprint’s 3G and 4G services. Not much depth to this report but another proof point for WiMax.