Groups accuse MetroPCS of open-Internet violation

WASHINGTON, USA: U.S. regulators face their first test of recently adopted Internet traffic rules as public interest groups urge them to look into a wireless carrier they say is blocking certain content under some of its data plans.

The groups have accused low-cost wireless carrier MetroPCS Communications Inc of discriminating against some Internet content, applications and websites an apparent violation of Internet rules that will soon come into effect.

MetroPCS, the fifth largest U.S. wireless carrier, unveiled new 4G data plans for its subscribers last week that offer unlimited talk, text, Web browsing and access to Google-owned YouTube.

Other features like mobile instant messaging, music downloads and additional data access are available at higher-priced tiers.

MetroPCS said complaints about its new rate plans were wrong, and the plans complied with the U.S. Federal Communications Commission's new rules.

The public interest group Free Press said on Tuesday that the new plans exist in a "walled garden" that excludes Internet telephone service Skype, movie provider Netflix Inc and other Internet-based services.

But MetroPCS' only 4G-enabled phone, the Samsung Craft, is not a smartphone. It has multimedia features but is not capable of supporting services like Netflix and Skype, regardless of the data plan.

While unlimited streaming of YouTube videos is included in each of the new $40, $50 and $60-a-month plan options, it is unclear how video from competitors like Hulu would be treated.

Only the $60 plan would offer unlimited data access beyond YouTube, with additional data access capped at 1 gigabyte per month for the $50 plan, according to MetroPCS' rate announcement of last week.

Free Press, Media Access Project, the Center for Media Justice and other groups sent a letter to the FCC on Monday, asking the agency to investigate whether MetroPCS' data plans would be in violation of the new rules.

The groups said the selective blocking or capping of content appeared to violate FCC rules adopted last month to preserve the openness of the Internet and restrain Internet providers from discriminating against competitors.

Inaction on the part of the FCC would result in the "steady and rapid undermining of any benefits associated with the new rules," the letter said.

The FCC declined to comment on the letter.

MetroPCS Chief Executive Roger Linquist said in an emailed statement that the new data plans "enable consumers to select the service and content they want at a price point they can afford."

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Open Internet rules

The FCC "open Internet" order does allow Internet providers to "reasonably" manage their networks and to charge consumers based on levels of Internet usage.

Wireless carriers were granted slightly more discretion to manage their networks but still could not block access to websites, nor access to competing voice and video applications under the rules.

"The FCC's mobile broadband loopholes adopted in its December net neutrality order are already leading to anti-competitive, anti-consumer practices," said M. Chris Riley, Free Press' policy counsel.

Those in favor of stronger net neutrality rules to protect consumers were highly critical of the FCC's approach to the regulation of Internet traffic.

"This is exactly the way we expected carriers to 'test' the FCC's resolve with respect to wireless network neutrality. Unless the commission responds decisively, MetroPCS' competitors are likely to follow suit," said Andrew Jay Schwartzman, senior vice president and policy director of the Media Access Project, a public interest law firm.