Mobile Future

Mobile Future Files Motion in Open Internet Appeals

Mobile Future Files Motion in Open Internet Appeals to Elaborate on Unique Technical, Operational, and Competitive Issues that Differentiate Mobile Broadband

(Washington, DC) – Mobile Future yesterday filed a motion for leave to file a brief as amicus curiae with the U.S. Court of Appeals for the D.C. Circuit in support of petitioners CTIA and AT&T, reinforcing points unique to mobile broadband, including the exceptional competitive dynamics of the mobile marketplace and the distinctive network management framework that applies solely to mobile broadband providers.

As an association dedicated exclusively to supporting an environment that encourages investment and innovation in the wireless sector, Mobile Future intends to elaborate on arguments specific to mobile broadband and offer valuable insight about the unique issues that differentiate mobile broadband from fixed broadband.

Mobile Future intends to raise the following issues:

  • The FCC Order threatens the flexibility mobile broadband providers need to effectively manage networks and meet consumer demand;
  • The Order fails to adequately consider how a shift from a light touch regulatory approach will affect mobile network provider investment and innovation; and
  • The Order’s reclassification of mobile broadband to common carrier under onerous Title II regulation is contrary to precedent, and was made without sufficient notice.

“The vitality of American wireless is due in no small part to a smart regulatory environment that has allowed for flexible, nimble network management and has fostered a vibrantly competitive and innovative mobile ecosystem,” said Mobile Future Chair Jonathan Spalter. “We all fully support an open Internet, and the best way to achieve it is for wireless broadband networks to have the necessary flexibility to effectively balance consumer usage and demand.  It is important for the Court to have a clear understanding of the many significant technical and operational challenges the FCC’s Order imposes on mobile broadband.”