Not only is the Federal Communications Commission considering rules that would extend and codify the agency's network neutrality principles for wireline broadband providers, the FCC is also considering extending those rules to wireless networks. Not surprisingly, the wireless carriers found little to like in the proposal.Wireless broadband carriers responded quickly to the Federal Communications Commission's Oct. 22 decision to begin consideration of network neutrality rules that would apply to wireless networks.
Currently, wireless carriers are exempt from the FCC's four network
neutrality principles and, not surprisingly, the carriers found little
to like in the proposal.
The proposed rules would
codify the agency's four existing network neutrality principles and add
two more rules of the road for broadband providers: a prohibition against ISPs (Internet service providers) from discriminating against
content or applications and a mandate that network management practices
are transparent. The rulemaking process also seeks input on extending those rules to wireless carriers.
The draft rules make clear that broadband providers, both wired and wireless, would be permitted to
address reasonable network management issues such as harmful traffic unwanted by users, such as spam, and prevent
both the transfer of unlawful content, such as child pornography, and the
unlawful transfer of content, such as a transfer that would infringe copyright.
FCC
Chairman Julius Genachowski was cautious in choosing his words about
the applicability of network neutrality rules and wireless networks.
"Openness is essential for the Internet however
it's accessed. It doesn't make sense to have one Internet when
your laptop is plugged into a wall and another when accessing the Internet
through a wireless modem," Genachowski said. "At the same time, wireless networks are different
from wired networks. Given fundamental differences in technology, how, when
and to what extent open Internet rules should apply to different access
platforms, particularly mobile broadband, will undoubtedly vary."
Genachowski's comments at least gave the wireless carriers something positive to say about the proposed FCC rules.
We agree wireless is
different, and believe that whatever the case may be for applying rules to other
platforms, applying these rules to mobile wireless broadband
services during a period of dynamic innovation and change in the wireless
ecosystem could have significant unintended consequences," CTIA, the trade group for wireless carriers, said in a statement.
That said, CTIA said extending network neutrality to their members is a mistake.
"Rules that could impact the ecosystem
from continuing to evolve, such as the ability of wireless carriers, device
makers and applications developers to optimize their devices,
applications, and networks to work together will stifle innovation and harm
consumers," the group said.
CTIA also contends the
"imposition of net
neutrality rules will degrade the value of unencumbered licenses
purchased in
the most recent auctions and threaten the integrity of the auction
process." In the 2008 700 MHz auction, the FCC imposed openness
conditions for the prize chunk of the spectrum eventually won by
Verizon. "To extend
that requirement, and more, now would raise serious legal issues and
threaten
the integrity of future auctions."
But as the FCC's NPRM
(Notice of Proposed Rulemaking) notes, since the adoption of the open
platform requirement for the Upper 700 MHz C-Block, a number
of wireless service providers have voluntarily adopted certain open
access features. The Open Handset Alliance, for instance, has developed
the Android
platform, a free, open-source mobile operating system.
"As this history illustrates, the Commission is not writing on a blank
slate in this proceeding. Rather, we are proposing a next step -- seeking
public input on draft rules -- that is based on a
substantial record,
which includes discussion of non-discrimination, transparency and
application of Internet openness principles to wireless broadband
Internet access service providers," the NPRM states.
Last
year, T-Mobile and Google unveiled the first Android device. Further,
Verizon Wireless and AT&T have announced efforts to
provide greater openness of their networks to devices and applications.
Sprint-Nextel also fretted about unintended consequences.
"As
the Commission recognizes, wireless networks have unique challenges and
we are pleased the Commission is taking a holistic approach to wireless
carriers' 'reasonable network management' practices," Vonya B.
McCann, SVP of Government Affairs for Sprint-Nextel, said in a statement. "The
challenge, however, will be ensuring that any proposed rules achieve
this goal without creating unintended consequences or clogged networks.
Sprint looks forward to assessing carefully each aspect of the
Commission's proposal to determine how best to achieve our shared goal
while protecting the integrity of the Sprint's networks and services."
Perhaps anticipating
the wireless industry's opposition, Genachowski also pointed out, "I
come to this issue with a keen recognition that we do not
yet have all the answers, and that we have a lot of hard work to do.
But again,
that is precisely the reason to begin this chapter of the process in a
way that
sets the table for an informed, fruitful discussion about issues of
real
importance to the future of the Internet and our country."
The agency is seeking public comment on the proposed rules with initial comments due by Jan. 14 and reply comments due
by March 5.
Mobile & Wireless 
