How Cell Phones Are Like Health Care Plans
Permalink Posted on 06-19-2007 at 01:52:40 am by Aaron Email , 1133 words, 9512 views  

No, this isn't a riddle or a joke, though it seems you could hardly pick two more dissimilar aspects of the consumer economy. The short answer, put colloquially, is that "both suck, because both are far too expensive and rising in price rapidly".

But there is a deeper connection between the two, having to do with why they're so expensive and why they are both spiralling out of control in the United States. Of course, the problem with the health care (or health "insurance", as it is often inaccurately termed) complex is far worse, given the magnitude of that sector and its critical importance to human well-being. However, the structural similarities are eerie.

I've written before that the basic problem with the US health care complex is its only real distinction among developed countries: while it is largely "privatized" (certainly as measured by dollar share) it is in addition employer-centric. That is, for nearly all of middle class America (which is nearly all of America, though declining), your job is your health care. The appeal of this system is its simplicity and convenience. However, the "convenience" is false, and the miserable result of this system certainly undermines any attraction the supposed "simplicity" might have (though I think this is a bogus argument anyway).

What being employer-centric does to the US health care system is eliminate prices and hide costs. The bulk of health care premiums are taken from compensation "above the line" (in non-taxed benefits), so increases in them are nearly-invisible to workers, and the full extent of the cost is likely to be missed (workers are typically more concerned with the red herrings of their miniscule share of premiums and their co-pays). Further, since the majority of medical care is now "covered by insurance", health care professionals tend to ignore prices. In fact, they may not even have easy access to them. As a result of this, and of blanket coverage (even for trivial care), care-seekers also tend to ignore prices.

What has evolved is a system where wasteful expenditures tend to be originated excessively, cost improvements are shirked, and the brunt of the impact (primarily higher costs---though reduced coverage also factors in) is transferred from insurers to employers, who then ultimately lay the full burden on workers in a surreptitious (and arguably dishonest) manner.

It is, frankly, a really stupid system, that has disproven its hoped-for utility by collossal failure and the visitation of, literally, misery and destitution upon millions (much like other collossal economic failures of human organization, such as communism).

Now on to the part about cell phones.

The sector has been an annoyance of mine almost as many years as I've used a cell phone, due to what I feel are high costs and poor service. A few others have spoken out about the flaws in the system its expense (such as John C. Dvorak), though most people seem to have simply accepted cell phone-related expenses as a part of life and "necessary evil." There is a parallel here: most people have also accepted health care that costs 2-4 times what it did a decade ago, and increases in cost near or above double-digit rates per year, as "normal".

It is worth noting that routine costs consumers pay related to cell phones typically dwarf those related to the "land line" system, and this is somehow despite the fact that cellular, a radio-based technology, is not intrinsically more expensive than maintaining a vast ground network. No; something purely financial is at play here.

The cost of cell phones is soaring, yet these devices are really the same kind of consumer electronics that are supposed to be deflating year by year (e.g. televisions, cameras, or mp3 players). I was shocked when I went in to my provider's store recently and found that a mid-range phone, bought as a replacement for my current dismal piece of junk off my plan's schedule, would cost me $300. The high-end models are now in the ballpark of $500. My current phone, which was mid-range when I bought it, had a sticker price of about $150 nearly two years ago (the phone is a Motorola, by the way, and has displayed such a wide range of software and hardware bugginess that the company should be ashamed of itself. Of course, they won't be).

In fact, I suspect much of the cost of the cell phone complex is being borne "surreptitiously" by cell phone and accessory hardware charges, not necessarily monthly network charges, though these of course dwarf what is comparable for land lines.

I believe the reason this is happening with cellular is much the same as why it is happening to health care: the cartelization of the market, and concomitant misalignment of the cost structure. That misalignment is as follows.

In cellular, you are locked-in to a provider--just like the way you are locked-in with your employer's preferred provider(s) in health care. Cellular is falsely made to appear of reasonable cost by providing significant discounts on phone purchases, but only if a lengthy contract for a service plan is signed by the consumer. This hides the true cost of the hardware much of the time.

Next, all the cell phone networks provide technical lockout from one another. This serves the purpose of preventing consumers from buying hardware and using it on someone else's network. This in turn prevents cheap, commodity third-party hardware from emerging. This system resembles a number of aspects of health care, including how you can only realistically go to doctors that accept your plan, and how you cannot "cash out" your health care benefits and buy lower-cost third party service (either at the doctor or insurer level).

The result in cell phones is much the same as it is in health care: the cost of service gets higher; the cost of hardware gets higher, the service and quality remain poor (or even deteriorate, as I've experienced), and elaborate attempts are made to hide the costs from consumers and further restrict their choices (even going to the extent of lobbying government heavily to preserve the cartelization).

Like the health care sector, the cell phone sector could be "fixed" quite easily: make these retail "contracts" non-enforceable (they are not even remotely between equal parties), and more importantly, remove whatever legislative props are preventing hardware competition between the major service providers and hardware vendors (I'm thinking the DMCA here, but there are likely a host of arcane telecommunications rules that have created the cartelization we're experiencing).

Cellular should be deregulated: there should be no recourse if I anarchistically use third party/indie cell phone hardware on a major network. And the cudgel of the law should not be used to entrap consumers on these cellular "contracts", which are about as honest as subprime loans.

Comments, Pingbacks:

Comment from: Oleg [Visitor] Email
What makes you to sign that contract?
You want more contracts to become unenforceable by law?
You want the government to come and save you from yourself?

Are you implying that subprime loans are dishonest? Isn't it fair that dumb people suffer their own dumbness? If you think it is not, then they shall not be able to vote, sue etc., and they need to have a guardian, not unlike any mentally weak.
What prevents those dumb and dumbers from reading their mortgage contracts first but their own laziness and carelessness? Too dumb to comprehend written English? (or in too much of a hurry to chat on their cell phone about latest Hilton's developments?) They could easily hire legal help to chew through the contract for them and explain in terms such as: "like", "cause", "know what I mean" etc. But they don't. They give no regard, whatsoever, that's why.

Fake money create more dumb people, and regarding those that would be with us anyway, it makes them morally deficient as well. Stupid choices follow.

That's what I think.
PermalinkPermalink 06-22-2007 @ 13:23
Comment from: Jonathan [Visitor] Email · http://www.electronista.com
A difference between subprime loans and cellphone carriers, however, is that in the loan market you have a choice.

In most cities, you'll have the choice of around four major providers: AT&T, Sprint, Verizon, and T-Mobile (some areas will have Alltel, MetroPCS, etc.). But all of these enforce the same terms, and it's very rare that you can pay only month-to-month instead of requiring a contract.

And don't even think about trying to bring your AT&T phone to T-Mobile, or your Sprint phone to Verizon; if you get an unlock at all, it's only to roam on European networks (and this only for compatible providers).
PermalinkPermalink 06-24-2007 @ 16:14
Comment from: Pog [Visitor] Email
There are *plenty* of options in the United States for cell phones without contracts. You can go to a place like virginmobile.com, order a $20 phone and be paying by the minute or by the month without any commitment. In fact even most of the major providers will even offer this type of service. You may make valid points in the article, but its all moot because no is forced into these contracts: there are plenty of alternatives.
PermalinkPermalink 06-24-2007 @ 18:21
Comment from: Pog [Visitor] Email
Jonathan: I just checked AT&T, Sprint, Verizon, and T-Mobile; all have prepaid or month by month plans.
PermalinkPermalink 06-24-2007 @ 18:27
Comment from: Aaron [Member] Email
IMO there is a lot of "point-missing" in the above responses (except by Jonathan!)

Oleg, you seem to have an overly idealistic (and mechanistic) idea of contract theory and what makes contracts "valid". In my view, cell contracts are questionably valid for two broad reasons. The first is the "mismatch" or "imbalance" I mentioned in the article. More detail about this: the cell phone companies have armies of lawyers and can make extremely complex and intricate contracts as a matter of course. The retail customers, however, are mere private individuals, who have neither the time, ability, or resources to exhaustively examine these contracts. In very few cases I believe is it a matter of "should"; the contracts are impractical if not impossible to work out for most people or in most circumstances.

Indeed, courts have recognized that the surrounding situation of a contractual engagement matters to the validity of the contract. Courts can rule a contract to be a vehicle of fraud if the counterparty is "rushed" or goaded or otherwise coerced into signing it, or if they couldn't possibly be expected to evalute or understand it for whatever reason. These considerations apply heavily in subprime loans, cell service, and other hotly-contested areas like computer software end-user license agreements (EULAs). So, my disputing the validity of cell service contracts is not about being against contracts, it is about being against fraudulent effect, and acts in bad faith.

The second reason, or class of reasons, is the lack of level playing field. This was also touched on in my essay, but I'll expand on that point here.

There is no "real" competition; the cell companies for all practical purposes form a trust, and behave identically, including identically onerous aspects.

I also cannot really opt out of cell phone service; because cell has basically become a standard public service (I don't mean this in the sense of "socialized"). I've done so in the past but had to finally capitulate for a variety of reasons, and not without much angst. There is a high relative cost to be incurred by not participating in the "cell system", which the major carriers know, and goes towards explaining the high costs and illiberal rules.

As I mentioned, with the hardware aspect, intellectual property laws rule out a situation where I can do what I want with cellular hardware. So that's out, by fiat. I don't see how any libertarian can defend that.

Another aspect probably no one thought of is that the radio spectrum itself is "owned" by the government, and it determines large-scale access to that spectrum. So I cannot simply start up my own independent communication network (even if it is small): the government has locked me out in favor of major corporations. There are probably also rules that prevent me from using an existing major network with a home-brew device. This is all the antithesis of laissez faire. This is a major force pushing people into the current trust-like system.

So you see, the government has set the playing field here to support a trust of major companies. They should either eliminate/liberalize the intellectual property laws and communications laws, or stop the major companies from abusing the consumer population with the existing rules in place.

To Pog:

All of the month-to-month/prepaid plans I've seen are impractical, either in terms of use flexibility, or price. And that still doesn't address the hardware aspect of this whole trust-like system.
PermalinkPermalink 06-25-2007 @ 21:04
Comment from: Oleg [Visitor] Email
I cannot agree with you on contracts, because your approach leaves no reason to have a contract at all. I am afraid, I have to call a spade a spade here. I do believe your approach is disastrous. Anyone can claim that the contract was beyond his ability to comprehend.

For if contract validity is arguable then no contract is enforceable, except those that government decides to enforce. This has nothing to do with freedom nor capitalism and everything with totalitarian state.

This means there is no need for a contract, it cannot be enforced unless a corporation pays government to enforce it. It will. Remember, the hole you dug shall be your own. The moment you create non-universal rule, you create corruption.

No, I did not miss your argument that this is the real situation today, whether I like it or not, but then I have never said that we do not live in totalitarian state, or that we will not pay for it. The fact that our state does not enforce contracts (such as sub prime) is horrible. What ever happened to a man's word? Nothing, the man is gone, that's what.

I am terrified to think that somebody as bright as you can entertain an idea of invalidating a contract because you couldn't read it or have had no time to read it. I read mine, always. English is my second language, but, let's admit it, it is not very complicated language. So, here I am not willing to exempt anyone on the basis of language either. One should never sign any impossible to work out contract. One's understanding of natural limits, is what separates him from underage person, and not that he might work out many more contracts than a minor. Again, the point is that the payback for invalidating any contract in honest society should be denial of all "overage" rights, most notably that of a signature. Or should we have our cake and eat it too?

It is not how good you can understand the contract law, but how mature is your judgment, just as it is not about everybody becoming wealthy in a free society, but anyone's freedom to decide and to become wealthy if they can.

I don't have a contract for a cell phone. I do have a phone (but I hate it).

Another point is that if all of us declined to sign the contracts as they are, and say demanded that hardware be interchangeable, our wish will immediately be granted, agree?

If you do, then realize, that majority are perfectly happy with their contracts, even if they indicate otherwise in polls. They signed it. This means that above mentioned problems are the ones few people have, not majority. Therefore your minority status is what you really wish to address by proposed laws. You want to impose yourself over the world and make it to your liking.

Finally, it is the government monopoly in the first place that created the corporate monopolies. Why does govt. regulates RF spectrum? To dictate who is going to be the monopoly, that's why. There is no alleged organizational need for it. But, mind you, it is people like those "against monopolies" that always support the tyrannical regimes. So, the point is, socialists always create their enemies first, then fight them.


People will always vote for tyranny of others, because they are too busy to do their own homework. I have my own desires that are never going to come true, again because I am a minority, like you. Honest money, laisses-faire, freedom, justice. These are never to be achieved, other than by force which would invalidate them all, wouldn't it?
PermalinkPermalink 06-26-2007 @ 01:16
Comment from: Aaron [Member] Email
Oleg, I think you are treating contracts ideologically, like a religion, rather than practically. I am shocked to see someone as bright as you mixing logic with religion (ok not really; most people do this at some time or another).

A "contract" is nothing magic or mystical; at its best it is simply a statement of an agreement and commitments, as a communication tool. At its worst, and only at its worst, is it a device of "enforcement". Enforcement is force, and force is always expensive, and usually (in my opinion) so bad as to defeat its intended purpose.

No, contracts shouldn't be arbitrarily repudiated. Whether a contract is in good or bad faith is typically for a judge to decide. You can claim it was fraudulent, but you have to support that claim; there is no automaticity. However in common areas like EULA or (as I advocate) cellular contracts, often the entire practice is brought in to question at once. This is not arbitrary; it is (or should be) a careful process of determining simply what is legitimate and what constitutes coercion (and crime).

I've studied this topic. It is quite easy (for those who are dedicated) in some of the more "mature" contractual areas to find not only deception but outright paradoxes. Some of this stems from problems with the underlying law itself. As another example of deception and bath-faith, note the posts on here recently regarding credit cards, because the credit card companies are allowed to call rates "fixed" even though there is no such thing, as they can change rates any time they want for any reason. This is not what rule-of-law advocates thought of when speaking of "contracts". This is systemitized fraud; organized crime.

Responding to your specific comment:

If you do, then realize, that majority are perfectly happy with their contracts, even if they indicate otherwise in polls. They signed it. This means that above mentioned problems are the ones few people have, not majority. Therefore your minority status is what you really wish to address by proposed laws. You want to impose yourself over the world and make it to your liking.


The statement "they signed it / therefore they are happy with it" is highly dubious. As I've gone to great lengths to point out, they may simply see no other viable option. I may pay a $300 speeding ticket if I think it will save me from $1000 in court costs and points on my insurance; that doesn't make it right. It doesn't mean I should stop driving. Maybe it doesn't even mean I should slow down. It might instead indicate that the speed limit is too low--the system is degenerate, and should be changed.

I think your comment is evidence of extending abstract, unrealistically-simple theory to a real-world situation, which it clearly does not model well.

I think it is interesting that you are so against tyrrany and socialist regimes, but seem to think we should have a Big Brother to enforce contracts, even if they are ridiculous.

And by the way, even if you've "read" every contract and believe you have understood it, that doesn't mean you have understood it, and without the full code of the law, you probably don't actually have a complete understanding. In fact with the law changing constantly and being rather unweildy itself, probably no one really does.

The complexity itself here is the problem. And that complexity relies on the support of the state, to help a few corporations dominate the people.
PermalinkPermalink 06-26-2007 @ 01:58
Comment from: Aaron [Member] Email
Here's a relevant quote for you, Oleg:

"The highest form a civilization can reach is a seamless web of deserved trust. Not much procedure, just totally reliable people correctly trusting one another. That’s the way an operating room works at the Mayo Clinic. So never forget, when you’re a lawyer, that you may be rewarded for selling this stuff but you don’t have to buy. What you want in your own life is a seamless web of deserved trust. And so if your proposed marriage contract has 47 pages, my suggestion is you not enter."

That's Charlie Munger: http://www.deeshaa.org/2007/06/06/charlie-munger
PermalinkPermalink 06-26-2007 @ 11:10
Comment from: jomama [Visitor] · http://djomama.blogspot.com
Very wise man, Charlie.

Cell phones soon to go the way of the hammer
and anvil.

http://www.vonage.com/device.php?type=F1000
PermalinkPermalink 07-05-2007 @ 09:14
Comment from: Disgruntled Warthog [Visitor]
you find higher prices in cellphones because there is new technology involved in each new product. prices are going down for older models (obviously). most electronics are marked in a similar way. the price of cell phones does not help your argument.
PermalinkPermalink 08-01-2007 @ 13:35
Comment from: Aaron [Member] Email
Disgruntled Warthog:

Your argument makes no sense to me. Why should new technology be progressively more expensive in cell phones, but not in (say) computers?

Basically an argument that technological progress leads to higher prices flies in the face of hundreds of years of economic history. You sure you want to make it?

The price of "yesterday's" hardware relative to today's is irrelevant. If you want to get more specific, assume my arguments were based on the price of the "median"/entry-level quality cell-phone.
PermalinkPermalink 08-01-2007 @ 14:50
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PermalinkPermalink 02-27-2008 @ 16:32

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