My own opinion is that in a free and open market such regulation is not needed.  Web-based businesses wishing to differentiate their services, such as Google and Amazon, will continue to work with ISPs and Content Delivery Networks to assure that the services they offer provide an acceptable user experience to their customers.  End users, anxious to have the best speed or to use the peer-to-peer applications that triggered the initial Comcast action that raised the ire of the FCC, will have to pay for the privilege.

My opposition to government regulation as a way to force business to comply with an arguably desirable social good, in this case, non-discrimination of different traffic types, is rooted in the law of unintended consequences.  The social good in this case is often portrayed in a First Amendment light of free speech. But under no reasonable permutation of that principle can services which are only available for a fee be considered a fundamental right.

Further, history provides innumerable examples of the perverse effects of excessive regulation:  economic distortions (think of the “Universal Service Fund”, for example), power concentrated in the hands or offices of a few who become easy targets for lobbyists (exhibit A, the FCC itself, captive to the carriers) and  service stagnation caused by removing the reward of innovation (broadcast TV.)

As with the laudable restraint from imposing taxes on the nascent Internet and World Wide Web, a lengthier period of development and stabilization should be granted to allow these businesses and industries to mature before distorting them with well-intended but short-sighted regulation.

We then met Michael O’Reilly and Rich Garwood of Cellentx. Cellentx provides business development and sales support for vendors to the wireless industry. Although Cellentx has been in business for a short time, already they have received a warm reception and have many consultants under contract.

Good luck to both these companies as they develop their businesses.

We also caught up with Drew Esson of Digital Globe, purveyors of satellite imagery. Drew is another with a long history using and selling location based-services, having also done time with SignalSoft back in the day. Perhaps it’s more than a coincidence that he and Don Winters were hanging out in the same restaurant in Vegas.

First, it is absolutely necessary to become comfortable reading contracts and understanding their meaning. Certainly contract language is not the same as that which one might use with friends or family. And it’s hardly typical of many office conversations either. But it is what it is, so just get over it. Many of the commonly used terms and phrases in contract law are the result of years of accumulated court decisions and previous contract experience. These days many contracts are the Frankensteinian products of unbridled copy and paste. (Try comparing your various roaming agreements for similarities.)

Next, in the US there are many commonly used phrases and sections in telecoms contracts with which one should become familiar. And please remember, IANAL.  Consult with your company’s legal team to answer any specific questions.

Force Majeure. Think “act of God.  In other words, things outside of the control of the parties to the contract, or anything reasonably unforeseeable.  This is a get out of jail card for the vendor or service provider, letting them off the hook if the unthinkable happens.

Assignment.  Describes recourse for one party to the contract if the other party gets bought, sold, merged or bankrupted.  Normally notice to the other party must be provided, and if the other party must approve or agree, language such as “such agreement will not be unreasonably withheld”or similar should be included.

Governing Law.  If the parties get in a spat over any aspect of the contract and head to court to resolve the dispute this clause determines the laws under which the case will be heard. If both parties are based in the same state there should be no question.  But if not, a neutral 3rd state is selected, often Delaware as so many companies are incorporated there. We’ve also seen a “home court advantage” clause, which dictates that the party bringing the suit must do so in the jurisdiction of the other party. This tends to act as a disincentive to frivolous lawsuits and encourages the parties to work out their differences between themselves.

Term.This answer the question “how long is this contract is in force?”, and probably includes language for an automatic renewal if no action is taken.  For example, if a T1 is leased on a 3 year term, it will likely automatically renew for another year if not discontinued.  One should be careful of this, though, if plans are in place to discontinue a lease in lease than a year.  In such cases a month-at-a-time auto-renewal would make sense.Breach.  I mention this not because every contract will have a clause so labeled, but because every CEO or senior manager will want to know what are the terms dictating the failure of the other party to perform, or the terms under which the relationship can be ended.  In other words, which actions or inaction constitute breach of contract?

Liquidated Damages.  If a material breach of the contract were to occur, and if costs are imposed upon one party by the other party’s breach or failure to perform then a liquidated damages clause spells out the  penalty imposed upon the offending party.

The above list of commonly used legal clauses is certainly not exhaustive and says nothing about costs, quality and service levels.  Those issues are likely to be more important and much more specific to each individual contract.  Negotiate well, and good luck.

Authors apparently from around the world have contributed articles into these categories with titles as diverse as “Clearwire’s first step towards Deploying 4G WiMAX Technology in Europe” and “Cisco announces Space IRIS Router Operational in Orbit”. There seem to be articles expressing many different perspectives in Telecoms. The most prolific authors can be found at a single click.

The site really shines for employers and job seekers. Sufficient space is provided for employers to be more descriptive and explicit in the opportunities they post than many other jobs sites allow. Candidates can enter their personal details and also share job postings via email. The site continues to grow and attract more job postings. I suggest having a look.

Mobile Broadband Growth in the US expected to double over the next two years.

• 11 M – 2009
• 19 M – 2010
• 28 M – 2011

2.5 GHz Spectrum in U.S., averaging 120 MHZ in major markets

540 Mbps per cell site vs. 45 190 Mbps from the competition

Launch dates

• launch to existing customers November 1. all existing customers will be swapped out at no cost for new Clear antenna.
• Launch to new customers December 1. Change branding from Clearwire to Clear.

Pricing

• 4Mbps down speed capped/1 Mbps up $40/month business
• unlimited speed down/1 Mpbs up $50/month business
• dual mode EVDO/WiMax unlimited speed $70/month business
• Said that individual plans would be less.
• fixed version: $55 4Mbps down/1Mbps up, $75 unlimited speed down/1Mbps
• no limit on amount of data transferred.
• assumes that it requires 2 year commitment
• would not give firm pricing on hardware. Would have to expect to be same as current launch on mainland.

Coverage

• Oahu and Maui – Clear showed coverage map that was from an RF modeling program. It stayed at high-level, whole island view. No coverage in North Shore Oahu but pretty complete in the downtown Honolulu core.
• Neighbor islands have no coverage at this time due to lack of licenses there.
• Clear showed 17 sites installed from Diamond Head through downtown Honolulu.
• No discussion of expansion to other areas, but installations continue within the coverage area.

Hardware

• WiMax USB modem somewhat bulky.
• dual mode WiMax/EVDO USB modem is also a bit bulky
• optional Clear-branded CradlePoint PHS350 WiFi router that the USB modem plugs into

Speed

• Live testing using Speedtest.net compared Clear to Verizon and Mobi PCS.
• Clear USB modem = 6mbps down/2 up, Clear fixed antenna = 8Mbps down, Verizon .6 down/.3 up, Mobi .7 down/.3 up
• For this presentation Clear had powered up a nearby site carrying no other traffic during the presentation.  In other words, Your Mileage May Vary.

Functionality

• Plan for mobile voice in 2010.
• Partnership with a security company that installs traffic and security cameras
• Partnership with a VoIP service provider
• Static IP addresses, 24/7 customer care, Service Agreements, Security
• Future: PBX systems, collaboration and messaging applications
• fully mobile – can hold connection while moving between cell sites

Channels

• The presentation was heavily pointed towards supplying a solution to businesses
• No discussion of either Direct or Indirect distribution channel plans
• RoadRunner will sell “Roadrunner Mobile” as an option to the fixed Roadrunner broadband service
• Sprint will sell as a bundle with their voice cellular service

Clear Strengths

• Great speed at a priced competitively with other mobile broadband offerings
• Mainland use and future international roaming
• Able to claim far wider coverage area with dual band connect on Sprint EVDO
• Huge $$ backing, capable of a significant marketing Launch

Clear Weaknesses

• There are many holes in their coverage
• WiMax speed degrades significantly as the network gets loaded with subscribers.
• WiMax requires more sites to cover the same area as EVDO so filling coverage holes is problematic.

Thanks to Gary Barton.

It is the shared hope of Telecom Voices and TeleTips Network that this move increases the level of discussion and adds value for our mutual readers.

Give Telecom Voices a listen, and consider adding them to your daily rotation. We’ll talk to you there, too!