700Mhz: Devil In the Details - Carterfone principles probably not enforceable (original) (raw)

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700Mhz: Devil In the Details

Carterfone principles probably not enforceable

After the FCC released their 700Mhz broadband spectrum auction rules (pdf) a few weeks ago, there was ample applause that the Commission at least met Google's demands half-way. People assumed that while the FCC wasn't going to force true open access, they'd at least force auction winners to offer unlocked devices and unimpeded access to content.

We assumed there were loopholes that would allow AT&T and Verizon lawyers to wiggle around the conditions should they win the spectrum, or else those operators wouldn't have been quite so enthusiastic about the rules. Attorney, ICANN board member and law professor Susan Crawford has had some time to digest the rules and says that yes, the devil is in the details:

quote:

"Those Carterfone protections don't mean too much. The no-locking, no-blocking requirements are hedged in by substantial limitations: the winning licensee will be able to lock and block devices and applications as long as they can show that their actions are related to 'reasonable network management and protection,' or 'compliance with applicable regulatory requirements.' In other words, as long as the discrimination can be shown to be connected (however indirectly) to some vision of 'network management,' it will be permitted."

Therefore, if AT&T won the spectrum and wanted to prevent the use of Skype on a new network built using the spectrum, they could simply argue vaguely that the software causes undue strain on their network (just like they do now). Crawford also notes that if an operator plays their cards right, it is possible to win the spectrum in smaller chunks with no conditions applied. In other words, Martin's rules are intentionally toothless.

Alphyjoin:2001-12-31Troy, MI	Alphy Member 2007-Aug-15 2:40 pm Surprised?I'm not. Oh well. Hopefully given enough time, things will change.
2007-Aug-15 2:40 pm: · hey mods ·

Thruddjoin:2004-06-21Mississauga, ON3 recommendations	Thrudd Member 2007-Aug-15 2:46 pm Re: Surprised?Sorry but I just don't have the time or patience to wait for the glaciers to advance across Tartarus in a sea of crystalline whiteness.
2007-Aug-15 2:46 pm: · hey mods ·

bmn
? ? ?
<em
join:2001-03-15
hiatus</em

Re: Surprised?

Thumbs up for an aptly used allusion to classical mythology.

2007-Aug-15 2:59 pm: · hey mods ·

bmn	The FCC...A government agency for big business, by big business (when you consider the backgrounds of some of the people running it)...This is one agency that is proving to be about as affective as FEMA in working for the public's interests. Of course, at least with FEMA, you might actually get something while the FCC is proving that it doesn't plan on doing anything for the people it actually works for...Needless to say, if ATT or Verizon (or any other existing cell provider) get the spectrum, don't expect anything good to come of it. The most likely outcome is that when they win it, they will sit on it, especially since they haven't announced any plans on what they would do with it.
2007-Aug-15 2:57 pm: · hey mods ·

bmn

The FCC...A government agency for big business, by big business (when you consider the backgrounds of some of the people running it)...This is one agency that is proving to be about as affective as FEMA in working for the public's interests. Of course, at least with FEMA, you might actually get something while the FCC is proving that it doesn't plan on doing anything for the people it actually works for...Needless to say, if ATT or Verizon (or any other existing cell provider) get the spectrum, don't expect anything good to come of it. The most likely outcome is that when they win it, they will sit on it, especially since they haven't announced any plans on what they would do with it.

2007-Aug-15 2:57 pm: · hey mods ·

Piggie_Just A Pig With A Computer_Premium Memberjoin:2005-11-23Orange Springs, FL	Piggie Premium Member 2007-Aug-15 6:46 pm Re: The FCC...said by bmn:A government agency for big business, by big business (when you consider the backgrounds of some of the people running it)...This is one agency that is proving to be about as affective as FEMA in working for the public's interests. Follow the money, then the adminstration that appointed them. Martin is sounding more and more like Colon Powell's son.
2007-Aug-15 6:46 pm: · hey mods ·

Piggie_Just A Pig With A Computer_Premium Memberjoin:2005-11-23Orange Springs, FL

Piggie Premium Member 2007-Aug-15 6:46 pm Re: The FCC...said by bmn:A government agency for big business, by big business (when you consider the backgrounds of some of the people running it)...This is one agency that is proving to be about as affective as FEMA in working for the public's interests. Follow the money, then the adminstration that appointed them. Martin is sounding more and more like Colon Powell's son.

2007-Aug-15 6:46 pm: · hey mods ·

TScheisskopf_World News Trust_join:2005-02-13Belvidere, NJ	I think...That the most appropriate thing to do is open a marraige gift registry for Kevin Martin and the incumbents.Help them start their coming life together on the right foot.
2007-Aug-15 3:01 pm: · hey mods ·

inteller_Sociopaths always win._join:2003-12-08Tulsa, OK	well the problem is...no one has asked them to prove the 'undo strain' certain apps put on their network. all eBay needs to do is sue them asking them to prove that Skype puts undo strain on the network.
2007-Aug-15 3:07 pm: · hey mods ·

bi0techjoin:2003-06-19Cockeysville, MD	Re: well the problem is...Sue them on what grounds? There are no net neutrality requirements.
2007-Aug-15 3:25 pm: · hey mods ·

SuperCPAPremium Memberjoin:2002-11-28Dayton, OH1 edit	SuperCPA Premium Member 2007-Aug-15 3:41 pm Re: well the problem is...Anyone can sue anyone else. The question is weather or not eBay, Google etc. would have a cause of action.
2007-Aug-15 3:41 pm: · hey mods ·

ftthz_If love can kill hate can also save_join:2005-10-17	ftthz Member 2007-Aug-15 3:53 pm well duh... all part of what we expected to happen its a shame could have been used for so much more
2007-Aug-15 3:53 pm: · hey mods ·

hitman_001Premium Memberjoin:2006-11-20Laredo, TX	It took lawyers this long to find a loophole?I thought it was pretty obvious as i noted it the day they released it. Of course they are going to say that any software they dont want on their system causes "harm" especially if they dont have to prove it.
2007-Aug-15 5:27 pm: · hey mods ·

DPainPremium Memberjoin:2004-02-19	DPain Premium Member 2007-Aug-15 7:49 pm Re: It took lawyers this long to find a loophole?thats why I am sticking with sprint.. looks like they encourage the use of skype over their network.. although I dont know why they are selling skype for windows mobile when u can dl free from skype's website
2007-Aug-15 7:49 pm: · hey mods ·

discjoin:2005-12-31Raleigh, NC	disc Member 2007-Aug-15 8:46 pm Re: It took lawyers this long to find a loophole?said by DPain:thats why I am sticking with sprint.. looks like they encourage the use of skype over their network..But iskoot doesn't work on the razr v3m »www.iskoot.com/forum/ind ··· c=102.15
2007-Aug-15 8:46 pm: · hey mods ·

DPainPremium Memberjoin:2004-02-191 edit	DPain Premium Member 2007-Aug-15 9:11 pm Re: It took lawyers this long to find a loophole?Not using iskoot using skype directly but will check out iskoot.Edit: Just visited the site they ask for too much info plus they dont support my phone model or windows mobile for that matter.
2007-Aug-15 9:11 pm: · hey mods ·