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700Mhz: Devil In the Details
Carterfone principles probably not enforceable
by Karl Bode 03:05PM Wednesday Aug 15 2007
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.

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Alphy

join:2001-12-31
Troy, MI

Surprised?

I'm not. Oh well. Hopefully given enough time, things will change.

Thrudd

join:2004-06-21
Mississauga, ON

2 recommendations

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.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus

Re: Surprised?

Thumbs up for an aptly used allusion to classical mythology.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus

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.
--
Prove it...
Save the Internet Time (NTP) service, use the pool.

Piggie
I Actually use Windstream
Premium
join:2005-11-23
Orange Springs, FL
Reviews:
·Windstream
·HughesNet Satell..

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.
--
| Speedstream 4200 Modem - 3m/384 plan | W98-W2KSP4-XPSP2 - All AMD | Buffalo WHR G54S with OpenWRT WR0.9 | 2 downstream switches feeding 5 total clients (no wireless) | Including the Data port on the side of my neck |

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, 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.

inteller
Sociopaths always win.

join:2003-12-08
Tulsa, 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.
--
"WHEN THE LAUGH TRACK STARTS THEN THE FUN STARTS!"
bi0tech

join:2003-06-19
Cockeysville, MD

Re: well the problem is...

Sue them on what grounds? There are no net neutrality requirements.

SuperCPA
Premium
join:2002-11-28
Dayton, OH

1 edit

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.

ftthz
If love can kill hate can also save

join:2005-10-17

well duh

... all part of what we expected to happen its a shame could have been used for so much more

hitman_001
Premium
join:2006-11-20
Laredo, 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.
--
Hn7000s Small Office plan/.74m dish & 1Watt Trans on Satmex 5 Signal: 86/Win XP Pro SP2/P4 3gig, 2Gigs Ram, Radeon X1300 500meg video

DPain
Premium
join:2004-02-19

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
disc

join:2005-12-31
Raleigh, NC

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/index.php?topic=102.15

DPain
Premium
join:2004-02-19

1 edit

Re: It took lawyers this long to find a loophole?

said by disc:

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/index.php?topic=102.15
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.