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Imposing Tough Net Neutrality Rules on Wireless Would Be 'Reckless' on FCC's Part, Baker Says

CTIA President Meredith Baker turned up the heat on the FCC to not impose the same net neutrality rules on the wireless industry as are imposed on wireline, saying doing so would be “almost reckless” on the agency’s part. Baker made her first appearance as CTIA president on C-SPAN’s The Communicators, in an interview set to be televised this weekend.

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FCC Chairman Tom Wheeler has indicated repeatedly, including at the CTIA convention last month (see 1409110026) that the rules may well be the same for wireless and wireline, but with a still-to-be-defined "reasonable network management” exception. Wireless carriers believe in an open Internet, “we just need to make sure we don’t inhibit this incredible platform,” Baker said. “We are leading and I’m not sure why you would change the rules when we are leading.”

Baker indicated CTIA could not support any iteration of Communications Act Title II regulation for the industry. Classifying broadband as a common carrier service would undo “10 years of legal precedents and FCC precedents, of bipartisan decisions,” she said. There will be a legal challenge filed if the FCC reclassifies broadband, Baker said. “I think we have a legally sustainable way forward under Section 706" with "mobile-specific rules,” she said. “I think we are all comfortable with that path.”

Wireless is still a new industry, Baker said. She quoted Marty Cooper, father of the cellphone, who said recently that “we’re at the Model-T version” of wireless devices. “Wireless is not only different, it’s not at all the same,” Baker said. Carriers depend on spectrum for their operations and the amount of spectrum they have is not in their hands, but up to the government, she said.

Baker said she's “terrifically happy” with progress toward both the AWS-3 auction, slated to get underway next month, and the TV incentive auction. “Spectrum is always going to be our top issue,” she said. “We are excited about these two auctions.” Carriers will buy all the spectrum broadcasters make available in the incentive auction, she said.

The FCC has done a good job so far on outreach to broadcasters on the auction, Baker said. CTIA “will make sure that the broadcasters have the information that they need,” she said. “That’s our job, because we are really interested in this auction.”

Baker noted she was at NTIA during the original AWS-1 auction in 2006. Baker was acting administrator, then an FCC member, then at Comcast until CTIA hired her four months ago. Similar to the original AWS-1 auction, carriers will have to work with the government on AWS-3 to repurpose federal spectrum for commercial use, Baker noted. “The lessons learned have really been learned,” she said. “It’s going wonderfully.”

The U.S. is the world’s leader in mobile, and “we need to remain the leader for 5G as well and spectrum is the key to that,” Baker said. Spectrum from the AWS-3 auction will be part of the eventual rollout of 5G technologies by U.S. carriers, likely to start in “2020 or so,” she said.

CTIA supports the eventual deployment of technology that will allow the location of 911 calls made indoors, Baker said. But all players need to be “at the table” to “figure out what everyone needs,” she said. Rollout also has to be based on a “realistic timetable,” she said. “We all want to make sure that our customers are safer.” CTIA has asked the FCC to wait for a consensus to emerge rather than impose indoor location accuracy rules (see 1407180038).