31.7.08

California judge rules early cell phone termination fees illegal


Thu Jul 31, 2008 12:48PM EDT


In one of the most significant legal rulings in the tech industry this year, a Superior Court judge in California has ruled that the practice of charging consumers a fee for ending their cell phone contract early is illegal and violates state law.

The preliminary, tentative judgment orders Sprint Nextel to pay customers $18.2 million in reimbursements and, more importantly, orders Sprint to stop trying to collect another $54.7 million from California customers (some 2 million customers total) who have canceled their contracts but refused or failed to pay the termination fee.

While an appeal is inevitable, the ruling could have massive fallout throughout the industry. Without the threat of levying early termination fees, the cellular carriers lose the power that's enabled them to lock customers into contracts for multiple years at a time. And while those contracts can be heinously long, they also let the carriers offer cell phone hardware at reduced (subsidized) prices. AT&T's two-year contract is the only reason the iPhone 3G costs $199. If subsidies vanish, what happens to hardware lock-in? Could an era of expensive, but unlocked, hardware be just around the corner? It's highly probable.

Of course, the carriers aren't going to take this lying down. Early termination fees are seen as critical to business, so carriers are expected to look for ways to reclassify the fees (such as by calling them "rates," part of the arcane set of laws that covers the telecommunications industry). The industry is also pushing for the federal government to step in and claim oversight over the early termination fee issue, which would invalidate any state ruling. The FCC is generally more tolerant of such fees, though Chairman Kevin Martin has proposed a plan whereby the fees are decreased the closer you are to the end of your contract.

The FCC may also buy the argument that, since carriers are nationally based (and consumers can use their phones anywhere in the country), that a single policy should apply across the nation, rather than creating a patchwork of legislation that could lead to confusion and chaos caused by having 50 different policies.

Is the early termination fee dead? Not yet, but it's looking a little haggard.


Oil Prices May Be Unlikely Savior For US Economy

Oil Prices May Be Unlikely Savior For US Economy

By Jeff Cox, Special to CNBC.com | 31 Jul 2008 | 01:17 PM ET


The US economy, desperately looking to stave off a recession, might find salvation in an unlikely place: volatile oil prices.

The recent decline in energy prices is one of the few bright spots in the sluggish economy, which took another hit Thursday as gross domestic product for the second quarter came in lower than expected and jobless claims showed a surprising and disturbing increase.

Friday's report on July employment is likely to paint an unflattering picture of the jobs market. Payrolls are expected to drop by 75,000, while the unemployment rate is forecast to inch up to 5.6% from 5.5%.

The drop in oil prices, which tumbled further on Thursday, has helped buoy the stock market and prevented the kind of freefall that such bad economic news normally precipitates.

"This might be the bursting of the commodities bubble," said Sean Snaith, director of the University of Central Florida's Institute for Economic Competitiveness. "The bursting of this energy bubble might be the salve that we need to get us through the rest of the housing correction without slipping into recession."

It might seem odd to think about oil actually helping the economy after spiraling prices sent gasoline past $4.10 a gallon at the pump. But the national average has dipped about 20 cents a gallon over the past month—about 5 percent—which provided some relief to consumers already strapped by surging food bills.

And while some analysts predicted stocks would continue to tumble through bear-market territory, the drop in oil has prevented a panic selloff and held index averages around key support levels.

That could be pivotal as most economists predict lackluster GDP numbers for the rest of the year now that the adrenaline dose from the government stimulus checks is wearing off.

"The question gets pushed back again, What's going to happen in the fourth quarter?" Snaith said. "Once the (stimulus) buzz wears off and the underlying fatigue comes to the surface, that's where oil comes in and might be a potential force that keeps things from slipping into recession."

Job Weakness a Big Hurdle

To be sure, there will be barriers along the way.

Oil could actually fall too quickly and spur consumers into old buying habits, sparking demand and renewing pressure at the pump. Geopolitical tensions also continuously loom throughout the big oil-producing nations, and a disruption in supply anywhere could send prices right back up.

And there's also the notion that it's a bit silly to talk about low oil prices when a barrel still costs about $125.

"Prices have to get substantially lower than this to undo the damage that has already been done," said David Ressler, chief economist at Nomura Securities in New York. "It's less damaging than at $150, but it's still a pretty onerous effect on consumer spending and household budgets."

(CNBC's Steve Liesman discusses the economy with President Bush's top economic advisors in video at left.)

Economists are particularly worried about the health of the consumer because of inflationary pressures. Some economists think Friday's employment report might not be quite as bleak as the jobless claims figure due to a lag between when employees are laid off and when they are actually removed from payrolls.

But even if that's the case, it's unlikely to allay fears about an economic slowdown.

"There are a lot of other indications that the job market has gotten weaker. I'm inclined to take this increase ... as real and indicative of a job market that's getting weaker by the day," Ressler said. "If that's the case then the economy's performance in the next couple of quarters is not going to be very impressive."

All About the Consumer

So with jobs increasingly scarce and inflation running high, any little bit will help.

If oil can drop even to $100 a barrel and gasoline gets back around $3 a gallon, the help for the consumer would be substantial, especially as people spend their stimulus checks and have to confront the difficult realities posed by the myriad economic issues.

"That's the problem with that kind of tax stimulus," said Tom Higgins, chief economist at Los-Angeles-based Payden & Rygel. "It only has a short-term impact. It doesn't impact the economy in a lasting way." But a sustained drop in gas prices would help in the long term.

"The real key to everything going on is inflation," said Ron Ianieri, chief market strategist at Options University. "What they're concerned about is the fact that I just drove down to the gas station and this week cost me less than the last eight weeks."

If housing can find a bottom--many economists believe it's close--the combination of falling energy prices and an expected easing in inflation could at least provide some hope heading into 2009.

"All of that could set the stage for a better performance in 2009," Ressler said. "The passage of time, too, is going to relieve some of the credit market strains, which are also holding back the economy. Time, in this case, will be a healing element."

URL: http://www.cnbc.com/id/25949060/


© 2008 CNBC.com

30.7.08

Sen. McCain on Economics

McCain cast doubt on moderator Tim Russert's assertion that the candidate had said he was no expert on economics. Russert claimed that McCain had repeatedly said, "I know a lot less about economics than I do about military and foreign policy issues. I still need to be educated." McCain responded, "Actually, I don't know where you got that quote from. I'm very well-versed in economics."

Russert's quote comes from a 2005 interview with the Wall Street Journal on Nov. 26, 2005: "I'm going to be honest: I know a lot less about economics than I do about military and foreign policy issues. I still need to be educated."

We could not find that McCain has said that quote "repeatedly," but he has made similar comments recently The Chicago Tribune quoted McCain talking to reporters on Dec. 18, 2007: "The issue of economics is something that I've really never understood as well as I should. I understand the basics, the fundamentals, the vision, all that kind of stuff."

Electoral College Graph 2008

Graph of electoral votes over time

The graph above shows the current number of electoral votes for each candidate since Mar 22, The brown horizontal line shows the 270 electoral vote mark needed to be elected president. The gray vertical lines show the boundaries between the months.

29.7.08

Crude oil held 121.60 support


Tuesday, July 29th, 2008 - New York Update -5:15 PM EST Well traders, it didn't take too long for the 1.5600 EURUSD daily support level to give it up today. Either falling under its own weight or oil 2% lower today, the combination of the two likely sent EURUSD to new July lows - with only 2 days left in the month and NFP just ahead of us. How low can EURUSD go? I see room a bit lower, but exactly how far remains to be determined.
For tonight, I am going to use a retest of the back side of broken daily trendline support at 1.5590-1.5605 to get short with stops just above 1.5620. To my wave-surfers, you will see I have this labeled as wave iv, which means we have only wave v lower before a meaningful correction higher unfolds. So on a test of 1.5550 while short, I will trail the stops to cost and aggressively book a majority of profits on the move towards 1.5525.
Let me state this clearly. I do not believe this is the start of a move higher for USD. Crude oil held the 121.60 support level under immense dollar buying today, which qualifies under Elliott guidelines as a normal pullback in the course of larger uptrend. Similarly, gold is well above the same kind of support at $905-$910. With these levels intact, I cannot say with certainty that I am a dollar bull. Back tomorrow. TG.

McCain backs off his no-new-tax pledge

By CHARLES BABINGTON, Associated Press WriterTue Jul 29, 10:29 AM ET

Republican presidential candidate John McCain's signal that he may be open to a higher payroll tax for Social Security, despite previous vows not to raise taxes of any kind, is drawing sharp rebukes from conservatives.

McCain's shift has come in stages, catching some Republicans by surprise. Speaking with reporters on his campaign bus on July 9, he cited a need to shore up Social Security. "I cannot tell you what I would do, except to put everything on the table," he said.

He went a step farther Sunday on ABC's "This Week," in response to a question about payroll tax increases.

"There is nothing that's off the table. I have my positions, and I'll articulate them. But nothing's off the table," McCain said. "I don't want tax increases. But that doesn't mean that anything is off the table."

That comment drew a strong response this week from the Club for Growth, a Washington anti-tax group. McCain's comments, the group said in a letter to the Arizona senator, are "shocking because you have been adamant in your opposition to raising taxes under any circumstances."

Indeed, McCain frequently has promised not to raise taxes.

At a July 7 town-hall meeting in Denver, he said voters faced a stark choice between him and Democrat Barack Obama.

"Sen. Obama will raise your taxes," McCain said. "I won't."

In a March 16 interview with Fox News' Sean Hannity, McCain said he would cut taxes where possible, and not raise them.

"Do you mean none?" Hannity asked.

"None," McCain replied.

Both candidates have said Social Security's funding formula needs to be changed to ensure the program's long-term viability. Obama has called for imposing a new payroll tax on incomes above $250,000. Currently, only incomes up to $102,000 are subject to the 12.4 percent payroll tax, which employers and employees split evenly.

When Obama announced his plan June 13, McCain's top economic adviser, Douglas Holtz-Eakin, told reporters that as president McCain would not consider a payroll tax increase "under any imagineable circumstance."

McCain has made no specific proposals for Social Security, refusing to rule in or out anything to strengthen the benefit program for retirees and the disabled. Both candidates have said that, if elected, they would try to work out details with Republican and Democratic lawmakers.

Asked for an explanation of McCain's latest comments, campaign spokesman Tucker Bounds said the Arizona senator "has a clear and demonstrated record of opposing tax increases. John McCain is going to cut taxes" and improve government discipline, he said.

Promises never to raise taxes have bedeviled past Republican officeholders. Before being elected president in 1988, George H.W. Bush said, "Read my lips, no new taxes." But facing severe budget problems, he reneged on the promise. Some conservative groups never forgave him.

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