It think it is fair for FCC to demand that if an operator has sold an “unlimited” package (whatever the definition of that unlimited is), and as long as the user is within the confines of that “unlimited” consumption, the operator cannot dictate that the user can get content (video) from service A, but not from service B. In that regard, the operator must remain neutral.
However, if service B consumes 3x more bandwidth than any other service currently available to the mobile consumers, then perhaps there is a case to be made for the operator. All “unlimited” plans are priced based on what the operator thinks are reasonable, average consumption numbers. If something completely destroys that model, then the operator should have the luxury of going back and revising their plans from that point on. (and the FCC ruling does permit the operators to tweak prices). As an example, I came across data that iPhone users consume an average of 400MB/month, while a typical smartphone ranges between 40-80MB/month.. It will be legal for the operator to price the iPhone data plan at $60/month and the rest of the smartphones at 30/month if that’s what they decide..
The second point is that the world “unlimited” has been very poorly marketed by the operators. It never is unlimited in reality, but the operators insist on putting the limitations in fine print and not being forthright about it in their marketing. This is perhaps the main reason why the problem arises in the first place.. Comcast has sent me letters mentioning that my monthly bandwidth is capped at X GB, but that it I would normally never hit this cap, even if I downloaded one movie per day over the internet. That’s good advertising. I am ok with a limit which I find fair for the price, and that I don’t think I’ll ever hit under normal daily use. All Comcast does this way is to weed out the top 1% of the users who ‘misuse’ the unlimited. Mobile operators in EU have experimented with concepts such as PBE (priority best effort) and BE (best-effort), where as long as the user is under the monthly quota, the bandwidth is what the network will allow, and after that, it drops to 50KBps for that user..
Another thing that can help alleviate this problem is proper optimization of video delivered to the mobile devices (a problem Aylus has addressed with its infrastructure). One of the reasons the new smartphones (including iPhone) cause for the operator is that they browse the web ‘as if’ they were broadband connected and optimize the rendering locally. This often means a lot more data (e.g. video bandwidth) than was needed to render properly on the device is sent over the air (inefficient use of the air). Operators are experimenting with pushing such optimization into the network – this should help a lot.
So in summary, here are my two key opinions:
- Differentiating between App “A” and App “B” if both are similar in nature and in their bandwidth consumption, is unfair, and FCC is right in asking the operators to be net-neutral in that regard
- Operators have plenty of opportunities to comply with this, make their business models work, and still differentiate offerings where they make money in the App space versus sell their pipe (better advertising, bandwidth capping after a limit, video optimization infrastructure, etc.)
I’ll continue to follow the debate (I already see rebuttals from VzW and AT&T back to FCC) – should be interesting to see how we end up..