AT&T Accused of Violating FCC Rules over FaceTime over Cellular Restriction

[Akshay Masand]

The digital advocacy organization, Public Knowledge, has accused AT&T of violating FCC rules on net neutrality with its new policy regarding the use of FaceTime over Cellular. Just last week, AT&T had announced that it will only allow users on its new Mobile Share data plans to use the new FaceTime over Cellular service in iOS 6. A senior staff lawyer for Public Knowledge told the New York Times that it felt AT&T was violating FCC rules which state that service providers would not “block applications that compete with the provider’s voice or video telephony services.”

John Bergmayer, the lawyer for the organization, noted that “there is no technical reason why one data plan should be able to access FaceTime and another not.” An argument like this one could also be made for tethering the iPhone to a laptop though, however, it isn’t clear what AT&T service Public Knowledge feels FaceTime is competing with. The rule in question is designed to prevent ISP’s from blocking things such as VoIP apps or Netflix that compete with their own products.

An AT&T spokesperson responded to the allegations with the following statement:

FaceTime is available to all of our customers today over Wi-Fi, and we’re now expanding its availability even further as an added benefit of our new Mobile Share data plans.

As of right now, the FCC has no comment about the matter. In the meantime, iPhone owners will remain unaffected by the policy until FaceTime over Cellular is enabled in iOS 6 later this year. Those who use jailbreak tweaks to currently use FaceTime over Cellular should also be careful once the iOS 6 rolls out, as this feature might be picked up on by AT&T, similar to how tethering can be detected by AT&T as well (presumably).

Source: New York Times

[ToddD81]

I recall apple stating in one of the iPhone or iOS announcements that FaceTime over 3G would be available. This was some time last year before these "shared data plans" were even announced. So basically AT&T is telling us apple lied? Wonder how they got permission to make that statement..

[wdpower]

What about oovoo and tango? They work, why can't they let us use FaceTime?
Also, I have one phone, what family share plan am I supposed to do?

[scroogelives]

I recall apple stating in one of the iPhone or iOS announcements that FaceTime over 3G would be available. This was some time last year before these "shared data plans" were even announced. So basically AT&T is telling us apple lied? Wonder how they got permission to make that statement..

Apple never lied!! Apple said it would be available via 3G but the networks are free to either allow or block it! Although I don't see what the big deal is!! FaceTime is a nice toy and nothing more!

[Silverado1987]

Apple never lied!! Apple said it would be available via 3G but the networks are free to either allow or block it! Although I don't see what the big deal is!! FaceTime is a nice toy and nothing more!

That's because AT&T Got the iPhone first and they didn't realize how much money they were going to spend on data so they want more money. Apple didn't lie

[The6uest]

Excellent.

[tridley68]

Excellent.

I do not think it is a good idea for AT&T to piss off the FCC.

[The6uest]

I do not think it is a good idea for AT&T to piss off the FCC.

Probably not but I like that the Public Knowledge group has brought up the fact that AT&T wants to limit FaceTime to certain data plans/packages. I'm a long time AT&T customer with multiple lines but the crap they're doing lately has pissed me off.

[hitman10]

Apple never lied!! Apple said it would be available via 3G but the networks are free to either allow or block it! Although I don't see what the big deal is!! FaceTime is a nice toy and nothing more!

I agree facetime is a nice toy but it becomes good a lot of times. Example my parents and I travel saying that, there is no long distance that needs to be worried about. Its all data.

[icedming]

Google + hangouts is not only free over 3G but works well. It allows more than just talking to one person, it lags nowhere near as much on 3g, excellent on 4g. If facetime does not come with the ability to work across all devices its a pointless piece of **** anyways. Att is trying too make money off of something that apple did a half *** job anyways

[Silverado1987]

Only thing we can hope for is this becomes that "bank of America" fiasco.

[ohthatguyagain]

Apple never lied!! Apple said it would be available via 3G but the networks are free to either allow or block it! Although I don't see what the big deal is!! FaceTime is a nice toy and nothing more!

Nice toy?? Dude... Imagine this scenario.

Wife says: go to store, pick up Garnier Fructis Conditioner in gel form with added minerals. Man hears: slave, go to store and buy me more hair crap.
Man goes to store. Gets to hair section. What did wife say? *scratches head* so hard to remember... Ah, but wait, he has FaceTime over 3G. Man gets wife on FaceTime, flips camera around, tells wife to pick it out herself.
Man comes home with correct product. Wife happy at lack of apparent failure. Man slightly less perturbed at wife's happiness.
The end.

[rubiks015]

FaceTime is available to all of our customers today over Wi-Fi, and we’re now expanding its availability even further as an added benefit of our new Mobile Share data plans.

It's allowed to all of it's customers currently via Wi-Fi? They are expanding its availability? I didn't know AT&T allowed FaceTime over the Wi-Fi at my house....unless they're referring to being at McDonalds or something..... I have to admit...I'm a fairly satisfied AT&T customer...I have 5 iPhones on my account (family) along with a discount from my HOG membership and I really can't get a better price at this point and service hasn't been bad. Although some things are just plain stupid such as the data limitations... if you pay for data then it's up to you how you using the given service. Me...I have unlimited...so I should be able to do what I want for as long as I want when I want.... My kid has 200MB...if he blows through it I should be able to cut him off from going over or whatever other limitations as the account holder...

just my thought.... have a good day all....

[teej1410]

Nice toy?? Dude... Imagine this scenario.

Wife says: go to store, pick up Garnier Fructis Conditioner in gel form with added minerals. Man hears: slave, go to store and buy me more hair crap.
Man goes to store. Gets to hair section. What did wife say? *scratches head* so hard to remember... Ah, but wait, he has FaceTime over 3G. Man gets wife on FaceTime, flips camera around, tells wife to pick it out herself.
Man comes home with correct product. Wife happy at lack of apparent failure. Man slightly less perturbed at wife's happiness.
The end.

What's wrong with just a phone call?

[thazsar]

Nice toy?? Dude... Imagine this scenario.

Wife says: go to store, pick up Garnier Fructis Conditioner in gel form with added minerals. Man hears: slave, go to store and buy me more hair crap.
Man goes to store. Gets to hair section. What did wife say? *scratches head* so hard to remember... Ah, but wait, he has FaceTime over 3G. Man gets wife on FaceTime, flips camera around, tells wife to pick it out herself.
Man comes home with correct product. Wife happy at lack of apparent failure. Man slightly less perturbed at wife's happiness.
The end.

Love it!!! 👍

[iDeadman]

What's wrong with just a phone call?

Probably because you can't see through a phone call?

[trek-life]

What's wrong with just a phone call?

I never understand responses like this. A person proves a good use of something, and the response is, "well why not do it the old way?" or something corny of that nature.

My daughter and her grandparents, aunts & cousin in Hawaii talk via Facetime often. She only gets to see them once maybe twice a year and misses them, so Facetime provides the ability for them to see her grow and stay close. Fact of the matter is, it's simple for all involved.

[staRang]

"FaceTime is available to all of our customers today over Wi-Fi, and we’re now expanding its availability even further as an added benefit of our new Mobile Share data plans."

How does... or how can AT&T claim that they provide FaceTime to their customers via Wi-Fi? They have nothing to do with a feature on Apple's phone, nor do they have anything to do with my home network, school's network, and/or office's network that provide Wi-Fi. If they were the sole ISP, then, yeah, I could see how they could claim that, but they're not.

[Silverado1987]

Nice toy?? Dude... Imagine this scenario.

Wife says: go to store, pick up Garnier Fructis Conditioner in gel form with added minerals. Man hears: slave, go to store and buy me more hair crap.
Man goes to store. Gets to hair section. What did wife say? *scratches head* so hard to remember... Ah, but wait, he has FaceTime over 3G. Man gets wife on FaceTime, flips camera around, tells wife to pick it out herself.
Man comes home with correct product. Wife happy at lack of apparent failure. Man slightly less perturbed at wife's happiness.
The end.

WIN!

Agreed. My mom needed spaghetti sauce for dinner. I went to public and didn't know which one. I FaceTimed her. Got the correct one. If they don't do this 3G thing. Men everywhere will starve

[iPhonePutz]

I'm a long time AT&T customer with multiple lines but the crap they're doing lately has pissed me off.

I'm right there with you. I could care less about FaceTime, but don't like the carriers trying to limit what I do with my data. The "our customers can use it over wifi..." is the biggest load I've ever heard. I'm not paying them for wifi, I'm paying for cellular data when wifi isn't available.

What's wrong with just a phone call?

Or just manning up and telling her to buy her own hair crap. I'm joking ladies.

Or a text message.