In The Know -- April 15, 2008

Most recent activity:

April, 15, 2008

Issues: 
Network Neutrality

What's New:

Protect Text Messaging from Discrimination

If you found out that your wireless carrier was blocking certain calls to your phone--based on who was calling or the nature of the call--you would probably feel like your right to free speech was being impeded upon. Well, as far fetched as that scenario might sound, the fact of the matter is that wireless carriers actually do have the power to exercise that sort of discretion--except with text messages instead of phone calls. Last September, The New York Times revealed that Verizon Wireless was blocking text message alerts from Naral Pro-Choice America, as it deemed the messages too "controversial". Verizon's opinions aside, the alerts had been requested by the users in question, yet, the company declined to allow the messages to be delivered to these customers. And Verizon isn't the only company that's been caught red-handed of this sort of discrimination. Other major carriers like T-Mobile and Alltel currently block messages from competing companies as well. On Monday, Public Knowledge, joined by a prominent state legislator as well as consumer, disability rights, and public interest groups, held a press conference to tell the FCC that the regulators must act to protect the rights of consumers to use text messaging without undue interference from wireless companies. The American Foundation for the Blind and the Communication for the Deaf also expressed great concern about how the text-based services were classified, to ensure that text messages intended for and sent by the blind and hearing impaired are accessible. The groups made clear that the FCC should also protect some wireless carriers from the anticompetitive behavior of others.

To learn more about this issue, see this blog post from Public Knowledge President, Gigi B. Sohn, read about Monday's press conference, and keep up to date with all the latest reply comments on our issue page.

Related Issues: Text Messaging

700 Mhz Auction: And the Winner is...

After months of uncertainty, speculation and conjecture, the results of the FCC's 700Mhz spectrum auction were finally announced in March. Unsurprisingly, Verizon Wireless has emerged as the big winner, taking home the highly coveted C Block of spectrum. Other winners included satellite television provider EchoStar and AT&T Wireless. So, business as usual, right? Well, yes and no. While Google didn't actually take home any spectrum in the auction (some in the media are calling the company a "happy loser"), it did manage to push through certain open access provisions, which will be applied to the C Block of spectrum that Verizon won. Indeed, many surmised that this might have been the search giant's plan from the start--to simply threaten to bid in the auction in order to impose an open agenda on the participants. So, everyone wins, right? Well, not quite. As Susan Crawford, Visiting Professor of Law at the University of Michigan Law School, points out in a blog post for Public Knowledge (cross posted on the Susan Crawford blog), even with the open access provisions, Verizon won't necessarily be forced to change the way that it does business. "[Verizon] retains the discretion to act as a traditional cellphone-model company--picking and choosing among applications and devices, underselling 'open' devices, and discriminating against traffic that undermines its business model," Crawford writes. "This isn't great news for the Internet model of access."

To learn more, check out this blog post.

Related issues: 700 MHz Spectrum Auction

Comcast Cozies Up to BitTorrent

If you've been following the network neutrality debate over the last few months (and we certainly hope that you have), you've likely heard about Comcast's BitTorrent blockade, which was first revealed in an AP story all the way back in October. While the FCC's formal investigation into the company's network management methods is still open, Comcast attempted to beat a formal FCC ruling off at the pass by announcing that it had paired up with BitTorrent, Inc. in order to ensure that torrents run "more smoothly on Comcast's broadband network". Despite what Comcast might think, this doesn't change anything and the FCC seems to agree: Chairman Kevin Martin has reacted with skepticism to Comcast's claims and it looks like the investigation is still on, at least for the time being. Hopefully, the FCC will hand down a ruling that enforces the principles of network neutrality not just for Comcast but for all Internet service providers.

For more on the latest developments in the Comcast investigation, see this blog post by Public Knowledge staff attorney Jef Perlman.

Related issues: Broadband | Comcast Complaint | Network Neutrality

FCC Chairman Calls for Dismissal of Skype Petition

Earlier this month at the wireless industry's annual conference, FCC Chairman Kevin Martin announced that he was going to seek dismissal of VoIP provider Skype's petition, which would have forced wireless carriers to allow users to attach any device and use any application on their networks. The Skype petition was modeled on the landmark 1968 Carterfone ruling, which imposed the same rules on wired telcos, thereby enabling hardware manufacturers to market devices ranging from the answering machine to the cordless phone. Martin publicly concluded that "the industry's embrace of a more open wireless platform" has rendered the adoption of Carterfone-like requirements "premature". What he's referring to is the open access provisions that govern the recently auctioned-off C Block of 700 Mhz spectrum, as well as the recent announcements by the carriers to open up their networks, which encapsulates everything from the iPhone software developer's kit (SDK) to Verizon Wireless' "Any App, Any Device" initiative. Of course, it still remains to be seen whether "openness" is set to become the new modus operandi for the incumbent carriers or if it is simply the latest marketing strategy.

For the full scoop, read our full statement on the Chairman's announcement, Gigi's take, as well as Art Brodsky's full rebuttal.

Related issues: Network Neutrality | 700 Mhz Spectrum Auction