Amid scrutiny of its Binge On video streaming service, a T-Mobile US executive this week urged the Federal Communications Commission to “tread lightly” as it considers how the service fits into the framework of net neutrality.
Kathleen Ham, SVP of government affairs at T-Mobile US, made the comments during an Open Technology Institute event.
“The commission has to tread lightly,” Ham said, according to The Hill. “And certainly more lightly than for the wired world in the wireless space — when there is so much experimentation happening, so much differentiation happening. And a lot of it customers responding to. We do have to be transparent about it. We have to make sure the customer has choices, but I think it is wise to tread lightly in this environment when there is so much going on.”
Binge On is what’s called a zero-rating service. T-Mobile US subscribers can use the service to stream low-resolution video from select streaming platforms like Netflix, Hulu, Amazon.com, HBO and others.
In January, T-Mobile US CEO John Legere took to the carrier’s blog in defense of Binge On, arguing the service is pro-consumer by providing a choice in how they watch and pay for mobile video content.
“There are groups out there confusing consumers and questioning the choices that we fight so hard to give our customers,” Legere stated. “Clearly we have very different views of how customers get to make their choices – or even if they’re allowed to have choices at all.”
Legere highlighted consumers have control over whether or not they choose to enable the Binge On service, noting those that do can stream video content now from 38 content providers over their cellular connection without touching their data bucket. The video quality using the service is constrained to 480p resolution, or as T-Mobile US calls it “DVD-like” quality.
Stanford Law School professor Barbara van Schewick in a paper published Jan. 29, concluded Binge On “violates key net neutrality principles and harms user choice, innovation, competition and free speech online.” Here’s a link to the complete paper.
“The program is likely to violate the [FCC’s] general conduct rule,” van Schewick wrote. “Binge On undermines the core vision of net neutrality: Internet service providers that connect us to the Internet should not act as gatekeepers that pick winners and losers online by favoring some applications over others. By exempting Binge On video from using customers’ data plans, T-Mobile is favoring video from the providers it adds to Binge On over other video.”
In a post to the unofficial outlet TmoNews, blogger Alex Walker wrote, “The FCC does appear to be taking its time with its investigation into Binge On. And while critics of the service say that it violates net neutrality, the FCC may not see it that way.”
