Lessons from Pretzel Skimpflation

Long time readers of this blog may recall occasional pieces on consumer issues sometimes far afield from telecom. I see parallels, but perhaps they are not perfectly on point.  This piece might fit that bill as I draw parallels between adulteration of pretzels and the state of customer service in telecom and other industries.

Pretzels are one of my relatively few food indulgencies.  Bakers tout the non-fat nature of this product, but in reality pretzels are largely processed and not terribly healthy white flour, salt, soda, and yeast.  Lately, bakers have added a most unwelcomed ingredient: "vegetable fiber," otherwise known as cellulose, or more unappetizing wood pulp and sawdust.

Adding wood pulp helps bakers scrimp on costly wheat while maintaining the same package weight. In these inflationary times, clever pretzel makers engage in shrinkflation by reducing packages from 16 to 14.25 ounces.  They get another bite by replacing a portion of the wheat ingrient with a less costly filler.  They hit the trifecta by fooling consumers at the same time as the package price rises from an average $2.50 to over $4.00.

I have launched a personal boycott of any pretzel conmpany that sneaks in vegetable fiber.  You can taste the difference, which is not the case when high fructose corn syrup replaces cane sugar.

Maybe, just maybe, if enough consumers eschewed vegetable fiber adulterated pretzels, the bakers might relent.  Maybe not.

Will Frontier Airlines suffer in the marketplace, because they have eliminated even the option of talking to a live person for any reason?  Does Tracfone/Pageplus Cellular/Verizon suffer when they lie to the FCC and consumers about their efforts to call back to resolve a dispute with a subscriber?

Does any venture face adverse consequences when scrimping on customer care?  Has a Bot ever been able to understand your grievance, much less solve it?

We need more vocal and deliberate consumer pushback when ventures replace longstanding ingredients with cheaper and inferior substitutes. 

 

New Publication on Space Junk and Anti-Satellite Warfare

Senior Russian government officials have threated to destroy U.S. satellites.  See https://www.livemint.com/news/world/russia-threats-to-hit-us-satellites-if-it-continues-to-11666885278398.html; https://arstechnica.com/science/2022/10/russia-threatens-a-retaliatory-strike-against-us-commercial-satellites/;https://www.reuters.com/world/russia-says-wests-commercial-satellites-could-be-targets-2022-10-27/.

Also, this week, the International Space Station, yet again, has needed to change orbit to avoid a possible collision with Russian space debris. See https://blogs.nasa.gov/spacestation/2022/10/24/space-station-maneuvers-to-avoid-orbital-debris/; https://www.cnn.com/2022/10/25/world/iss-maneuver-russia-space-junk-scn; https://www.npr.org/2022/10/26/1131374307/international-space-station-junk-debris-problem-satellite.

I am pleased to announce publication of a paper that explains how anti-satellite warfare and space junk make it more difficult for nations to agree on rules for sharing space and radio spectrum resources: 

See https://www.sciencedirect.com/journal/telecommunications-policy/vol/46/issue/10.

Here’s the abstract:

This paper explains why the coordination of satellite orbits and spectrum use among nations have become more contentious and less routine.  The potential for greater risks, delays, and conflicts occurs, despite treaty-level commitments to promote the peaceful uses of outer space and efficient and equitable access to radio spectrum and satellite orbits. Heretofore, specialized sectors of the United Nations (“UN”) have worked effectively in forging multilateral consensus on these matters.

The paper explains why the coordination of satellite orbits and spectrum use among nations may become more contentious and protracted. The potential for greater risks, delays, and conflicts may occur, despite treaty-level commitments by most nations to promote the peaceful uses of outer space and access to radio spectrum and satellite orbits free of signal interference and collision risk. Heretofore, specialized sectors of the United Nations (“UN”) have worked effectively in forging multilateral consensus on these matters.

Since the onset of artificial satellite technology, the UN has created five space-related treaties covering such issues such as freedom of exploration, liability for damage caused by space objects, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, exploitation of natural resources in outer space and the settlement of disputes. The International Telecommunication Union (“ITU”), a specialized agency of the UN, has largely achieved the goal of preventing harmful signal interference, formulating technical standards promoting equipment compatibility, and establishing uniform operational rules of the road.  Until now, month long ITU spectrum planning conferences have reached closure on both mundane and critical matters, albeit at a slow and methodical pace. 

The paper explains how several chronic and emerging factors present challenges to the successful record of multilateral consensus building on space and spectrum issues.  The likelihood of collisions of spacecraft with other objects, including space debris and harmful signal interference has increased, because then United States has opted to make domestic satellite rules and frequency allocations in advance of final ITU consideration.  Additionally, China and Russia have sought an expansion of the ITU’s mission to include elements of Internet governance that could promote balkanization of Internet access and legitimize efforts by individual nations to surveil and control access to broadband networks.

The paper assesses whether and how UN agencies can continue to establish timely and effective policies and procedures for reducing space debris and the potential for spacecraft collisions, and preventing harmful signal interference.  The paper concludes that China, Russia, and the U.S., should renew efforts to promote collegiality, consensus building, and longstanding, shared goals.

 

 

 

 

 

 

 

 

 

 

 

What Do Juries, Prunes, and Antitrust Policy Have in Common?

Long ago, while a student at University of Virginia School of Law, my Criminal Procedure professor likened optimal jury size with the correct number of prunes to achieve proper effect.  Consistent with the Goldilocks story, juries should not be too large, or too small.

OK, I got that, but advocates for megamergers use the same logic.  They conjure the number at three.  A market—apparently, any market—only needs three competitors to remain robustly competitive.  If there are three, any incumbent should be free to acquire market share and extinguish the seemingly unnecessary competition generated by more than three ventures.

This does not pass my smell test, as corroborated by the U.S. mobile telecommunications and commercial aviation markets.  I cannot understand how market consolidation to three magically stimulates competitive juices making the market “more competitive” than when four or more ventures operated.

From my empirical perspective, I see the cellular carriers bundling video content and never fully disclosed handset subsidies, but never really going head-to-head on net, out of pocket costs.  There are plenty of obscure fees, sponsored advocates attempt to frame as taxes, scrimping on customer service, and lots of commercials that tout anything but lower costs.

Help me out, here: does TMobile offer, net out of pocket rates, significantly below what consumers can get for AT&T and Verizon?  Can consumers opt out of “free” video streaming and secure a lower price?  How much lower are rates, if you already have a smartphone?

Do the Big Three airlines aggressively compete on price, after you factor in all the now ala carte “amenities” that used to constitute part of the base fare? I see a preoccupation with Business Class seat enhancements and creation of a new Premium Economy option, because the margins are spectacular.

A now rarely used term, “conscious parallelism,” describes market behavior where so-called competitors do not seem to compete.  Remarkably the three major airlines offer an identical fare from A to B.  But what about the Low-Cost Carriers, who also want to merge and become better competitors?  Are they truly “functional equivalents” when they only offer a few flights from A to B and engage in “bait and switch” with teaser fares that come close to the legacy carrier rates after including all the ala carte amenities, such as the privilege of bringing a carryon bag aboard?

For a short time, my home airport had a fourth carrier available.  It offered one flight a week to a remote airport in Florida.  While the airport managers self-congratulated themselves, consumers faced a carrier offering no option when, predictably bad weather, flight irregularities, and “Air Traffic Control” issues scrubbed the flight.  Do these passengers have any options other than to cancel their vacations, often with non-refundable booking, or hope for “reaccommodation” (an airline non-word) a week later?  This option, akin to a weekly “charter flight” does not constitute a functional equivalent to the options available from legacy carriers.

Oh, but what a robustly competitive market we have in State College, PA!

Pre-FCC Self-regulation

 Estate auctions have become one of the unexpected joys about living in rural Pennsylvania.  Never much of a collector, in my nearly thirty years at Penn State, I have acquired lots of old technology, including radios, telephones, and early personal computers.

Yesterday, I acquired correspondence on letterhead for a an organization aiming to promote and "regulate" the emerging radio technology in Clearfield County, Pennsylvania. I am not sure just what the members sought to achieve and how they did it, because there was a Federal Radio Commission preceding formation of the FCC in 1934.

Adventures in OTAR (Over the Air Television Reception)

 Recently, I upgraded the outdoor antenna I use to receive broadcast television signals.

Having fringe reception runs the risk of signal disruption at any time, but the financial rewards are significant. Comcast's basic cable tier, starts at $30 a month, plus a mandatory set top box.  On top of this extortionate rate, the company adds fees and taxes raising the annual cost to more than $500.

Impressive.

It appears that cable companies have confronted the reality of customer churn and opted to squeeze every last cent out of  subscribers disinclined to economize, install their own antennas, and opt for streaming of both live, linear channels and video on demand content.

There's a high price to pay for loyalty.

Prospects for Widespread Access to Electric Vehicle Charging Stations: Insights From Telecommunications Technology Diffusion

            An energy reporter, for a major daily business publication, contacted me to understand how electric vehicle charging stations might become more readily available, particularly in rural locales. She wondered whether the fast take up of new telecommunications technologies, such as cellphones, cable television, and broadband, might offer insights on what works to jump start market penetration.

             Bear with me as this apparently geeky subject offers insights on when electric vehicles might reach critical mass, in time to achieve a significant reduction in greenhouse gasses.

             The reporter intrigued me with a curious question whether the fast proliferation of gas stations might provide a model for similar geographical market penetration by electric vehicle charging stations.  My small collection of vintage gas station published road maps confirms she may be onto something.           

 

             This late 1950s map of Iowa identifies locations where motorists can fill up with Skelly gasoline:

             Marketing 101 suggests that a companies can bolster brand loyalty by offering a product far and wide.  The map identified locations where motorists could find a Skelly station on the recently constructed Interstate 80.

             Access to EV charging follows a similar chicken/egg challenge: car buyers will become more inclined to buy an EV if they have confidence that access to charging stations will not create FUD: fear, uncertainty, and doubt.

             Several parallels in telecom provide insights on what business models work. 

 Cellular Radio

             Some of you might remember the bad old days when a lack of vigilance when “roaming” might result in a hefty and unexpected charge.  Before nationwide roaming, with “anytime, anywhere minutes,” the U.S. had many standalone, “independent” operators, primarily serving ex urban and rural locations.  These carriers made a killing by providing access to their networks by motorists speeding along a major Interstate highway.  Few noticed the icon on their handsets (or bag phones) showing that a call was being handled by another carrier.

             The major operators, such as Bell Atlantic, Pacific Telesis, Bell South, and Southwestern Bell eventually executed roaming agreements with the small, independent operators, thereby reducing or eliminating “non-network” roaming charges.  The end to unexpected, extortionate roaming charges helped expand subscribership and the eventual mergers and acquisitions that now leave us with only three national carriers.

 Cable Television

             Unlike cellular radio, cable television debuted in lots of rural areas at the same time, or even before urban service.  First generation cable was labeled Community Antenna Television, typically offered by local, “Mom and Pop” television sales and service ventures.  These entrepreneurs offered cable television, primarily to stimulate interest and demand for television sets.

             CATV market penetration occurred on small, town-by-town basis without coordination, or accrual of scale economies.  Rural residence, starved for any broadcast television reception, gladly paid for access to a few broadcast channels.  Their urban counterparts had free, off-air reception options.  Only after cable operators embraced satellite technology to deliver distant signals and new cable only content did national penetration and subscribership speed up.

 Broadband

             High speed Internet access provides a case study in a most desirable, but costly technology largely unavailable in rural locales unless and until, private and public actors subsidize access.  This technology has high startup costs that operators must bear before the first dollar arrives.  On the other hand, adding an additional subscriber typically has much lower, so-called incremental costs, especially for high density locales.

             A private venture might vertically integrate into the electric charging market to remove FUD, generate brand loyalty, and stimulate vehicles sales.  It might also install facilities using proprietary standards resulting in incompatibility with EVs manufactured by competitors. 

             A government agency might want to stimulate demand, but typically the legislature must enact laws creating tax incentives and financial subsidies.  Unless and until incentives are anticipated and/or funded a “Digital Divide” has resulted.  The Covid-19 pandemic underscores the consequences when broadband access is unavailable or deemed too costly.

             For broadband and EV charging, state and federal governments may have to create generous financial incentives to achieve anything close to ubiquitous access.  Early adopters might not need as much external funding, because they can anticipate market opportunities, such as when a national hotel chain prioritizes the installation of charging stations.

             In any event, the past technology adoption models may offer insights on this new challenge.

The We’re Doing You a Favor Marketplace

             Countless vendors incessantly remind us how they must operate in “competitive marketplace,” with extraordinary challenges to price and availability of service.   Right now, they act like their doing us a big favor even by delivering a more expensive product, offering a substantially reduced value proposition.

            Have you noticed how many products have lower weights with decimal points?  Folgers now offers a coffee can with a massive 10.3 ounces.  P&G reduced the Crest tube from 6 ounces to 5.7 ounces.  My pet peeve: pretzel vendors reduced the standard pound bag to 14.25 ounces, and now have a vegetable fiber ingredient.  That’s code for sawdust, the use of which reduces the flour they have to include in their “artisan” product.

            How much money does a producer save when substituting high fructose corn syrup for sugar?  How much consumer rage does National Car ignore when the company does not honor a reservation, never responds to a complaint, doubles the daily rental rate, and offers no assurance that it will not ever again leave a frequent renter high and dry?

             At some point, one would think that the infallible marketplace would work through shortages and logistical headaches.  Apparently not this time.  Somehow chip fabricators just cannot get around to meeting increased demand.  U.S. port facilities never seem able to work through a backload, even with the extraordinary sacrifice of agreeing to work on weekends.

             I saw a poster in State College offering $48 an hour for carpenters.  I never earned that much as a university professor. 

             Oh that ruthlessly efficient marketplace.

5G Bandwidth Expansion Triggers an Avoidable Aviation Safety Alarm

 Warring U.S. government agencies continue to debate whether expanded fifth generation wireless service will interfere with aviation altitude measurements, years after the parties should have resolved this mission critical issue. See, e.g., FAA Statements on 5G (Jan. 28, 2022); https://www.faa.gov/newsroom/faa-statements-5g; Carr Statement on Biden Administration’s Failure of Leadership on 5G (Jan. 18, 2022); https://www.fcc.gov/document/carr-statement-biden-5g-delay.

In preparation for a 2019 global spectrum planning conference convened by the International Telecommunication Union, a specialized agency of the United Nations, the Federal Communications Commission, and even the President’s Executive Branch telecommunications advisory agency, summarily dismissed 5G altimeter interference concerns raised by the Federal Aviation Administration.  See Letter from Steve Dickson, Administrator, Federal Aviation Administration, to Adam Candeub, Deputy Assistant Secretary of Commerce for Communications and Information, Performing the Delegated Duties of the Assistant Secretary of Commerce for Communications and Information National Telecommunications and Information Policy, (Dec. 1, 2020); https://www.faa.gov/sites/faa.gov/files/2021-10/DOT_Letter_to_NTIA_FCC3.7_GHz_Band_Auction.pdf; John Hendel, How Washington flew into a 5G mess, POLITICO (Jan. 19, 2022); https://www.politico.com/news/2022/01/19/5g-flights-spectrum-mess-washington-527425.

Critical interference analysis should have continued, but it appears that the rejecting agencies expected the FAA to accept defeat and consider the matter closed.  Predictably, the FAA did not “speak now and forever hold your peace.”  It now has powerfully alarmed the court of public opinion with worst case scenarios of severe interference between 5G service and airline altimeter readings. See, e.g., Tom Wheeler, Did the FAA cry wolf on 5G?, TECHTANK, The Brookings Inst. (Jan. 21, 2022); https://www.brookings.edu/blog/techtank/2022/01/21/did-the-faa-cry-wolf-on-5g/; Stephen Gandel, How 5G Clashed With an Aviation Device Invented in the 1920s, THE NEW YORK TIMES (Jan. 19, 2022); https://www.nytimes.com/2022/01/19/business/5g-radio-altimeters-airlines.html; Andrew Ross Sorkin, Jason Karaian, Sarah Kessler, Stephen Gandel, Michael J. de la Merced, Lauren Hirsch and Ephrat Livni, Why Airlines Are Worried About 5G, THE NEW YORK TIMES (Jan. 20, 2022).

A serious matter, which could have been resolved through fair-minded technical assessment of interference potential and accommodation of cross cutting interests, now triggers FAA claims of calamity.   In the interim, the FCC auctioned off the newly reallocated 5G spectrum generating over $81 billion dollars for the U.S. treasury, (FCC Announces Winning Bidders in C-band Auction, (Feb. 24, 2021); https://www.fcc.gov/document/fcc-announces-winning-bidders-c-band-auction) with as much as $14.7 billion flowing to incumbent users of the C-Band satellite spectrum to defray their relocation costs.  See, FCC, Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket No. 18-122, Report and Order and Order of Proposed Modification,  35 FCC Rcd. 2343 (2020); Caleb Henry, FCC sets December C-band auction, offers up to $14.7 billion for satellite operators, SPACE NEWS (Feb. 6, 2020); 

How Could This Happen?

For decades, the nations of the world have relied on an intergovernmental process designed to build trust and harmonize the use of radio spectrum and the orbits used by satellites. The ITU, has earned a reputation for lending its “good offices” to reach a global consensus, albeit one that can take years to complete.  Interference-free frequency allocations and uniform procedure for registering the orbital location of satellites enhance consumer welfare by promoting efficiency, shared access to global resources, and economies of scale. For example, a consensus on which frequencies to use for wireless services has made it possible for equipment manufacturers to offer single handsets useable in most places. https://spacenews.com/fcc-sets-december-c-band-auction-offers-up-to-14-7-billion-for-satellite-operators/.

The ITU achieves consensus by adhering to a lengthy process requiring thorough study, ventilation of viewpoints, and trust building with an eye toward anticipating, avoiding, and resolving conflicts.  Because the process often reaches “consensus by exhaustion,” some national governments and commercial stakeholders have become increasingly dissatisfied with the pace and outcomes of conference deliberations.  The prospect for early market entry, global wireless leadership, and billions of dollars in auction proceeds encouraged the FCC and the Executive Branch to fast forward 5G frequency allocations with little concern about potential harm to the ITU planning process and inadequate assessment of altimeter interference potential, even after financing the departure of incumbent users.

Government Agency Squabbling

Compounding problems with the ITU process, the United States government failed to resolve all interagency disputes before the 2019 ITU World Radio Conference.  The parties had plenty of time to work through their disputes and reach a consensus on spectrum planning initiatives at the ITU.  Instead, the FAA persists, perhaps combining a heartfelt concern for aviation safety with the desire to remedy the sting of not having had its concerns adequately considered by other government agencies having more apparent expertise, clout, and the ability to generate billions for the national treasury.

Reaching closure on a single set of initiatives for ITU spectrum planning conferences will become more difficult for many nations as the nature and type of interested parties grows.  Representatives of ventures using new spectrum-intensive technologies, such as autonomous vehicles, finance, artificial intelligence, and the Internet of Things, will need more bandwidth.  While most applications require short distance transmissions and can tolerate multiple uses of the same frequencies, the massive increase in demand can result in congestion and in turn demands for exclusive assignments to foreclose even the possibility of interference. 

FCC did anticipate the need to separate commercial 5G services from nearby incumbent altitude monitoring by aircraft.  Despite an FCC-mandated guard band of 220 Megahertz, [1] separating the two types of services the FAA vigorously asserted that the potential for harmful interference would persist, particularly during critical aircraft takeoffs and landings at airports (see Robert D. Atkinson, C-Band Spectrum Rollout for 5G and Aviation Altimeters, ITIF INNOVATION FILES (Nov. 9, 2021); https://itif.org/publications/2021/11/09/c-band-spectrum-rollout-5g-and-aviation-altimeters.

The FCC and FAA should recognize that they have limited time available to avert greater harm to the national interest in both access to the latest innovations in wireless broadband and aviation safety. Had the FCC worked with the FAA to assess the actual potential for interference, despite ample separation of frequencies used, wireless consumers would already have access to a sizeable block of spectrum ideal for ultrawideband service.

 

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[1]              “By licensing only up to 3.98 GHz as flexible-use spectrum, we are providing a 220-megahertz guard band between new services in the lower C-band and radio altimeters and Wireless Avionics Intra-Communications services operating in the 4.2-4.4 GHz band. This is double the minimum guard band requirement discussed in initial comments by Boeing and ASRC.” Expanding Flexible Use of the 3.7 to 4.2 GHz Band, Report and Order, at Para. 391.