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Google Begins Taunting Cell Phone Carriers Print E-mail
Written by Adam Gosling   
Thursday, 19 July 2007


This report in the Mercury News suggest that "all-out war has broken out between the two sides" over an area of spectrum currently used to broadcast UHF TV.

This spectrum is suitable for a new high-speed mobile network that some believe could send the already heated mobile broadband business stratospheric.

Akin to the Net Neutrality argument where carrier believe control over data should rest with service providers and Quality of Service should be subject to their business rules, the telcos (such as AT&T and Verizon) are opposed to any idea that there should be equal and open access to the spectrum or any new network built upon it.

IT industry players, such as Google and eBay were not at all happy by a proposal circulated which argued that the new network should be accessible to new applications and devices, but fell short of requiring the spectrum licensee or network owner to wholesale broadband access to third parties.

According to the report AT&T has outright threatened to sue the FCC if it cedes to Google's argument that access should be equal and open: "Google's request - to obtain a leg-up in the auction process through the artifice of 'open access' regulation - is a self-serving attempt to obtain spectrum at discounted rates that would turn the clock back on a decade of bipartisan consensus on the proper approach to wireless deregulation, deprive taxpayers of billions of dollars, inhibit the explosive growth of wireless broadband and - perhaps most importantly - expose the commission to reversal in the courts."

Those are pretty strong words to aim at the regulator, so clearly there is a lot at stake here.

The situation is somewhat similar to the Fibre To The Node (FTTN) conundrum currently being played out in Australia, where Telstra (the incumbent carrier) is the only organisation that really has the infratructure in place (copper to the home) to make a roll out a national fibre network feasible. However, Telstra refuses to invest its money do build it unless the regulator will guarantee its competitors will be locked out or at least forced to pay dearly for the right to access the network.

Telstra says nasty things to the ACCC (Australian Competition and Consumer Commission) as well -- clearly there is a lot at stake.

This issue is just one along a spectrum of issues caused by the rapid incursion of convergence into markets traditionally characterised by substantially high barriers to entry.

Another example is the area of VoIP as exemplified by the restrictive practices wireless carriers use to hamper the take up of mobile VoIP. The Mercury News article paraphrases Christopher Libertelli, senior director of government and regulatory affairs at Skype, as saying: there is "a growing list of discriminatory and anti-competitive practices" in wireless, and the FCC's auction rules for the new spectrum should balance the interests of carriers and software developers. Such an approach would maximize the value of the airwaves and be in the best interest of consumers.
In a similar example, a mobile VoIP startup in the United Kingdom called TruPhone recently won a pre-trial court injunction forcing mobile network operator T-Mobile to terminate its Internet telephony calls.

T-Mobile was the last of the wireless operators in the UK to agree to interconnect to the mobile VoIP provider and initially argued that it was purely a commercial dispute. Nobody (including the judge) really believed that and hen Truphone agreed to pay whatever price T-Mobile wanted (in the short term at least) the wireless carrier's argument looked a bit weak in court.

It's unlikely the case will ever go to trial on competitive grounds as T-Mobile will most likely accept its fate. TruPhone complains that carriers have gone to other lengths to hamper the uptake of mobile VoIP, such as having the VoIP capabilities of Phones like the Nokia N95 disabled prior to sale.

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