FCC's net neutrality proposal could end mobile web gatekeeping

FCC Chairman Julius Genachowski said wireless operators should not be allowed to prohibit certain types of Internet traffic from running over their networks, and proposes carriers should adhere to the same "open Internet" rules the agency is enforcing on broadband service providers. In a speech to be delivered Monday and posted on the FCC website, Genachowski will propose a clarification of its current net neutrality principles, which call on Internet providers to avoid restricting or delaying access to legal web content and services--he will also suggest adding a new rule requiring mobile operators to practice "reasonable" network management. The FCC will ask for guidance on how to define "reasonable."

In the event the FCC does demand carriers open their networks to data-heavy applications like streaming video, it could result in dramatic over-capacity issues--in major metropolitan areas with a high concentration of iPhones, AT&T subscribers have repeatedly bemoaned the quality of their wireless service. According to The Wall Street Journal, the FCC's proposal will take into account the bandwidth limitations facing wireless operators, and would ask how net neutrality rules should apply to current networks.

Operators are expected to fight the FCC proposal. "We believe that this kind of regulation is unnecessary in the competitive wireless space as it would prevent carriers from managing their networks--such as curtailing viruses and other harmful content--to the benefit of their consumers," Chris Guttman-McCabe, vice president of regulatory affairs for wireless industry trade group CTIA, said in a statement.

Earlier this year, nonprofit media reform organization Free Press challenged 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. 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 MLB.com's At Bat app offers live streaming video coverage of major league games optimized for both WiFi and 3G networks.

"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," Free Press policy director Ben Scott said in a statement.  "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."

For more on the FCC proposal:
- read this Wall Street Journal article