NetworkWorld, March 16, 2008
By Joanie Wexler

The sizzling 'Net neutrality debate is edging closer to the mobile network sector. When the two collide, the sniping over how much carriers should control users' network traffic will make Senators Clinton and Obama look like BFFs.

The 'Net neutrality issue addresses the delicate question about where reasonable operator-conducted network management leaves off and service-level discrimination against certain traffic, such as that of a carrier's competitor, begins. This issue has been raging in broadband Internet access circles for well over a year. It loudly reared its head again in recent weeks with the FCC's investigation into charges that cable operator Comcast purposely slowed BitTorrent peer-to-peer traffic, a notorious bandwidth hog, and allegedly lied about doing so.

Can 'Net neutrality arguments over forthcoming WiMAX, 700MHz and other open-access wireless data services — where bandwidth will be further constrained and congestion-prone — be far behind?

Ignoring the mudslinging is not a recommendation of FCC Commissioner Michael J. Copps. Remaining on the sidelines could mean ceding the future of Americans' communications networks to the operators, he said last week during introductory remarks that preceded a 'Net neutrality debate hosted by VON TV.

"And you know the old adage: Decisions made without you are usually against you," Copps said.

For now, anyway, the FCC has adopted a principle of nondiscrimination that supports operators' rights to conduct reasonable network management, but makes it "crystal clear that network operators can't twist 'reasonable network management' into…a mechanism for blatant network discrimination," Copps said.

He added that the Commission is "well advised to establish a systematic, expeditious, case-by-case approach for adjudicating claims of discrimination. That way, over time, we'd develop a body of case law that would provide clear rules of the road."

Interpretation: For the foreseeable future, we'll likely give the operators the benefit of the doubt. Those who can determine whether an operator has blocked or slowed its traffic in an "unreasonable" manner will take it up with the FCC, where it will be evaluated after the fact.

If you think there is already plenty of litigation going on in the cutthroat wireless industry today, take a deep breath. Round 2 is right around the corner.

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