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Again, 700MHz Carterfone Rules Mean Little
And Were Created With Loopholes By Design
by Karl Bode 09:22AM Monday Feb 28 2011
Back in 2007 when AT&T, Verizon and others lobbied for valuable 700MHz spectrum, you'll recall that Google pushed hard for the spectrum to contain open access provisions. At the time, you'll also recall that if you actually bothered to look at the conditions once crafted by the FCC, they were so packed with loopholes as to be rather useless. Still, the conditions get brought up every few months as "proof" that Verizon has to run an open wireless network. Wired News has the latest such story, with several quoted experts who believe that the provisions could be legal trouble for Verizon eventually, even for the Verizon iPhone and its technically closed app ecosystem:
quote:
Google’s idea was to create an open space for innovation where a person could buy any device (including one from Google) and run any app that met open standards with no interference by the carrier. And depending upon how you interpret the rules, which Verizon fought in court before the auction, they also required that the wireless carrier only offer devices that are open and able to run any app. That interpretation would clearly rule out the iPhone, which is locked down by design, and only apps approved by Apple can be loaded onto the device without breaking the device’s warranty.
Except as Verizon is quoted as saying in the piece, the conditions were crafted to be vague enough to essentially allow anything, with the exception of devices that cause clear harm to the network. That was by design; so then FCC boss Kevin Martin could pay lip service to consumer advocacy, while not really angering the politically powerful Verizon. Note too in the piece how Google won't comment on what they think those Carterfrone provisions mean today, in large part because Google's sold most of their neutrality principles up the river in favor of their multi-billion-dollar relationship with Verizon, something that's very obvious when you compare Google comments in 2007 to Google comments in 2011.

Meaningful network neutrlity protections are politically dead as a result, and yet another layer of loophole-filled half-hearted protections isn't changing that.

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FFH
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Tavistock NJ
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1 edit

Why is a public interest lawyer pushing kill off LTE IPhone?

How exactly is it in the public's interest to kill off an LTE iPhone on Verizon? Well the lawyer for the Open Internet Coalition feels that somehow preventing Verizon from selling an LTE iPhone is a good thing for the consumer. Me, I just don't see that as a public service. And trying to twist open access rules for 700 mhz wireless spectrum in to preventing every existing smartphone from using it makes no sense.

»www.wired.com/epicenter/2011/02/···ck/all/1

The problem is that the “open access” rules attached to the so-called 700 Mhz C block require the carrier to allow the use of any hardware or software that it can’t prove won’t damage the network.

required that the wireless carrier only offer devices that are open and able to run any app. That interpretation would clearly rule out the iPhone, which is locked down by design, and only apps approved by Apple can be loaded onto the device without breaking the device’s warranty.

That’s how Markham Erickson, a technology lawyer and the executive director of the Open Internet Coalition, sees it.

“The interpretation that the rules would ensure all handsets sold by the licensee would be unlocked was the clear intent from Chairman Martin at the time,” Markham said, referring to Kevin Martin, the Republican who headed the FCC at the time the auction rules were set.


When Martin testified to Congress about the provision, Martin made it clear that that “this condition means all handsets will be unlocked and open to all apps,” according to Markham.

Weren't Caterphone rules meant to make sure vendors could put phones or other devices on the telephone system as long as they didn't break the system? It was never designed to force vendors to design the phones or devices a certain way.

In the same way, the 700 mhz rules were designed to make sure service providers didn't deny access to the network to phone vendors. The rules were not designed to make handset vendors build all their phones/systems to satisfy the open software coalition.

Gbcue
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Santa Rosa, CA
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Re: Why is a public interest lawyer pushing kill off LTE IPhone?

said by FFH:

How exactly is it in the public's interest to kill off an LTE iPhone on Verizon? Well the lawyer for the Open Internet Coalition feels that somehow preventing Verizon from selling an LTE iPhone is a good thing for the consumer. Me, I just don't see that as a public service. And trying to twist open access rules for 700 mhz wireless spectrum in to preventing every existing smartphone from using it makes no sense.

»www.wired.com/epicenter/2011/02/···ck/all/1

The problem is that the “open access” rules attached to the so-called 700 Mhz C block require the carrier to allow the use of any hardware or software that it can’t prove won’t damage the network.

required that the wireless carrier only offer devices that are open and able to run any app. That interpretation would clearly rule out the iPhone, which is locked down by design, and only apps approved by Apple can be loaded onto the device without breaking the device’s warranty.

That’s how Markham Erickson, a technology lawyer and the executive director of the Open Internet Coalition, sees it.

“The interpretation that the rules would ensure all handsets sold by the licensee would be unlocked was the clear intent from Chairman Martin at the time,” Markham said, referring to Kevin Martin, the Republican who headed the FCC at the time the auction rules were set.


When Martin testified to Congress about the provision, Martin made it clear that that “this condition means all handsets will be unlocked and open to all apps,” according to Markham.

Sounds like he's against *any* iPhone, not just that one on Verizon because they're all locked down.
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FFH
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Re: Why is a public interest lawyer pushing kill off LTE IPhone?

said by Gbcue:

Sounds like he's against *any* iPhone, not just that one on Verizon because they're all locked down.

That may be true. But it looks like he wants to use the 700 mhz lease rules published by the FCC to push his agenda that every smartphone produced should allow the user to put any app on it they desire.

But the 700 mhz lease rules created by the FCC were really designed for 1 reason only - make sure that the wireless service providers had to make sure Google got its Android phones on all new LTE networks. Google got what it wanted, and smartphones that allows ANY app isn't what Google wanted.

Gbcue
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Re: Why is a public interest lawyer pushing kill off LTE IPhone?

said by FFH:

said by Gbcue:

Sounds like he's against *any* iPhone, not just that one on Verizon because they're all locked down.

That may be true. But it looks like he wants to use the 700 mhz lease rules published by the FCC to push his agenda that every smartphone produced should allow the user to put any app on it they desire.

But the 700 mhz lease rules created by the FCC were really designed for 1 reason only - make sure that the wireless service providers had to make sure Google got its Android phones on all new LTE networks. Google got what it wanted, and smartphones that allows ANY app isn't what Google wanted.

So you approve of closed development environments, I see.
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myokitis

join:2004-06-19
Alexandria, VA

1 recommendation

Re: Why is a public interest lawyer pushing kill off LTE IPhone?

said by Gbcue:

So you approve of closed development environments, I see.

While a seemingly small segment is concerned about this, I don't think most people are. Even if you don't like Apple b/c of the way they manage their apps, millions of loyal iPhone customers feel otherwise. The mass-market seems to aprove. In the end, it makes no practical sense to prohibit an iPhone on VZ's 4G network when 1) it's already on their 3G network and 2) It would prohibit what the market wants and thus be AGAINST the public interest.

FFH
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join:2002-03-03
Tavistock NJ
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said by Gbcue:

said by FFH:

said by Gbcue:

Sounds like he's against *any* iPhone, not just that one on Verizon because they're all locked down.

That may be true. But it looks like he wants to use the 700 mhz lease rules published by the FCC to push his agenda that every smartphone produced should allow the user to put any app on it they desire.

But the 700 mhz lease rules created by the FCC were really designed for 1 reason only - make sure that the wireless service providers had to make sure Google got its Android phones on all new LTE networks. Google got what it wanted, and smartphones that allows ANY app isn't what Google wanted.

So you approve of closed development environments, I see.

I don't approve or disapprove of them and nothing I posted here says otherwise.

Jim Kirk
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join:2005-12-09

Re: Why is a public interest lawyer pushing kill off LTE IPhone?

said by FFH:

I don't approve or disapprove of them and nothing I posted here says otherwise.

You should be a politician. You'd be good at it.
qworster

join:2001-11-25
Bryn Mawr, PA

Once again....

It's proven that we have the best government that big business can buy!
mcbride

join:2011-02-28
San Diego, CA

Why is a public interest lawyer pushing kill off LTE IPhone?

Verizon, has no problem with the iPhone or the iPad . Did everyone just forget about the 12 MHz. of A block spectrum that Verizon already owns and won in the same auction in the 700MHz. band. It owns the A block in the top 20 markets. The A block spectrum contains no open access provisions what so ever and Verizon can use the A block for what ever it wants to including the Apple iPhone and iPad. *I find it hard to believe it takes a high school drop-out and a former postal worker to point this fact out to everyone. It makes me sick all of you educated fools making a big deal out of nothing. And any A block spectrum Verizon don't already own in the top 30 U.S.markets like "Pittsburgh PA." Verizon can easily afford to buy it. So what is the big problem all about, I don't see any problems for Verizon at all.