Wireless broadband is ‘information service’ : FCC’s Copps says decision begs answers to other questions

The wireless industry cheered the Federal Communications Commission’s decision to classify wireless broadband as an information service, while Commissioner Michael Copps said the agency needs to delve further into the policy implications of Internet-enabled wireless devices and in particular to examine whether the landmark Carterfone decision of 1968 should apply to cellphone carriers.
“It is critical that the FCC ensure that regulations are technology neutral and this decision is a welcome step in that direction,” said Steve Largent, president of national cellphone association CTIA. “Today wireless is a legitimate competitor in the broadband marketplace offering capabilities and speeds comparable to cable and (digital subscriber line) service, and today’s order recognizes this important fact. As the commission notes, wireless broadband provides particular benefits in rural and other underserved areas. Because of forward-looking policies like this one, wireless broadband will continue to spur revolutionary advances in public safety, medicine, homeland security, education and business.”
The wireless broadband industry agreed, adding that the move levels the playing field in a way that promotes competition in the high-speed Internet service market.
“The commission has already provided such relief for cable modem and DSL services, and it is both appropriate and necessary that wireless broadband providers be afforded similar deregulatory treatment,” said Andrew Kreig, president of the Wireless Communications Association International.
Copps, who reluctantly agreed to approve regulating wireless broadband as a deregulated information service, chided the FCC for failing to address other unresolved issues including privacy and disability access.
“Now that IP-based wireless services are classified as Title I information services, the inescapable logical implication of our 2005 decision is that the right to attach network devices-as well as the three other principles of our policy statement-now applies to wireless broadband services,” said Copps. “I believe the commission accordingly has a clear and pressing responsibility to open a rulemaking that will clarify how these Title I principles should be applied in the wireless context. I also believe we should include questions about how and whether the classification of CMRS (commercial mobile radio services) as Title II services incorporates the principle of the seminal 1968 Carterfone decision. I believe that our answers to these questions-or our failure to answer them-will have a direct impact on the pace of technological innovation in the years ahead and on the extent to which consumers can take full advantage of that innovation.”
The FCC last month put on public notice a petition by Skype Communications to confirm a consumer’s right to use Internet communications software and attach devices to wireless networks.
Skype wants the FCC to declare that wireless carriers are subject to the agency’s Carterfone decision, which allowed two-way mobile radios and other devices to connect directly to the old AT&T monopoly network so long as no harm was caused to the telephone system. Skype also asked the FCC to launch a rulemaking to enforce the Carterfone mandate on the wireless industry.
The mobile-phone industry opposes the Skype petition.
Skype, which offers free Internet calling software, has been working for years to enter the wireless space. Indeed, the company has signed agreements with several overseas carriers. Internet auction company eBay Inc. purchased Skype in 2005 for $2.6 billion.