Skype Restriction Violating Federal Law?

[Jeff Campbell]

<div class='os_post_top_link'><a href='http://www.macworld.com/article/139837/2009/04/fcc_skype/article.html?lsrc=mwnws' target='_blank'>http://www.macworld.com/article/139...html?lsrc=mwnws</a><br /><br /></div><p><em>"Since its release on Tuesday, Skype for iPhone has been downloaded more than a million times-that's a rate of six downloads a second, according to the company. All this despite the fact the software only works via the iPhone's Wi-Fi connection, and not AT&amp;T's 3G network. That restriction has angered some, who have argued that the practice is anti-competitive. Those allegations have been turned up a notch now, as the Wall Street Journal reports that an Internet advocacy group called Free Press has asked the Federal Communications Commission to investigate whether or not the restriction is in violation of federal law."</em></p><p><em><img src="http://images.thoughtsmedia.com/resizer/thumbs/size/600/at/auto/1238971913.usr105634.jpg" /></em></p><p><a href="http://www.freepress.net/" target="_blank">Freepress</a>, which is an Internet advocacy group, has asked the FCC to investigate Skype for the restriction. The claim is that it is a violation of the FCC's <a href="http://www.fcc.gov/cgb/broadband.html" target="_blank">Internet Policy Statement</a>. Freepress posted their <a href="http://www.freepress.net/files/Wireless_IPS_letter.pdf" target="_blank">letter</a>, in which they ask the FCC to confirm that mobile internet access falls under same guidelines as traditional broadband Internet. The U.S. isn't the only country that has companies that are restricting use of a 3G network. T-Mobile in Germany is restricting VoIP usage to 3G, with an added restriction on the use of some of it's own Wi-fi <a href="http://www.macworld.com/article/139827/2009/04/tmobile_skype.html" target="_blank">networks</a>.</p>

[doogald]

I read that FCC policy statement and I see nothing that says that broadband customers are guaranteed to have access to any service that they desire.

[Jeff Campbell]

I found something with a bit more detail here (http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-30A1.pdf), from the FCC that explains in detail what the Freepress organization is talking about. Lengthy read though :eek:

[doogald]

I'm not an attorney, but it seems to say that providers are under no obligation to provide their wireless broadband services as telecommunications services.

Mobile wireless broadband Internet access services do not “give subscribers the capability to communicate to or receive communications from all other users on the public switched network.” The definition of“interconnected service” applicable to commercial mobile service focuses on the service provided to the end users. Under this definition, “interconnected service” has to give “subscribers the capability to communicate to or receive communication from all other users on the public switched network.” Mobile wireless broadband Internet access service in and of itself does not provide
this capability to communicate with all users of the public switched network.