Consumer group questions AT&T's mobile video gatekeeping

Nonprofit media reform organization Free Press is challenging AT&T's decision to allow Major League Baseball's At Bat application for iPhone to stream mobile video across the operator's 3G network after prohibiting 3G support for placeshifting technology developer's Sling Media's SlingPlayer Mobile video app. In a statement issued Thursday, Free Press notes that just last month, AT&T contended the SlingPlayer Mobile iPhone app would pose too much of a bandwidth threat to operate over 3G--in order to earn App Store approval for the application, Sling Media was forced to disable 3G streaming capabilities, meaning iPhone users can only view video content over WiFi. But earlier this week, MLB.com told The New York Times that its newly-enhanced At Bat app will offer live streaming video coverage of major league games optimized for both WiFi and 3G networks, adding that its servers will detect the strength of the device's connection and adapt the quality of the video accordingly.

Earlier this year, Free Press sent a letter to the FCC asking the agency to confirm that mobile operators must adhere to the Internet Policy Statement, which guarantees consumers' right to access any online content and services on any device of their choosing. According to Free Press, AT&T has previously voiced public support for this position, citing a November 2008 Washington Post article quoting AT&T chief lobbyist Jim Cicconi, who said "The same principles should apply across the board. As people migrate to the use of wireless devices to access the Internet, they... certainly expect that we treat these services the same way."

In a statement issued Thursday, Free Press policy director Ben Scott contends that AT&T is effectively playing favorites by denying Sling Media the same right it is now extending to MLB.com. "We are troubled that carriers like AT&T are playing gatekeeper to the next generation of wireless Internet applications. No Internet service provider should be allowed to pick winners and losers online," Scott said. "AT&T has acknowledged that open Internet principles should apply to wireless and that consumers expect unfettered mobile access. So why is AT&T deciding what online video its iPhone customers can watch and what they can't? This is exactly the kind of arbitrary intervention in the open Internet marketplace that consumers should fear in an industry dominated by powerful network owners. We hope to see AT&T reverse course and provide consumers with the same access to any online video service of their choice."

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