AT&T tells FCC it can’t treat mobile data as a common carrier service

AT&T is trying to convince the Federal Communications Commission that it can't reclassify mobile broadband as a common carrier service.

AT&T argues that the 20-year-old Section 332 of the Communications Act bars the FCC from putting mobile data under Title II. FCC Chairman Tom Wheeler himself negotiated Section 332 on behalf of the wireless industry when he was head of the Cellular Telecommunications & Internet Association (CTIA), putting mobile voice but not data under Title II. Now he is considering using Title II to enforce network neutrality rules that prevent Internet service providers from blocking or throttling traffic, or speeding up Web services in exchange for payment. But AT&T says he can’t use Title II to enforce net neutrality rules on wireless data providers. AT&T’s filing says that in Sec 332, “Congress drew a bright line between the regulatory treatment of commercial mobile radio services (‘CMRS’) and private mobile radio services (‘PMRS’).” CMRS (including mobile voice) would be treated as common carriage while PMRS would not. AT&T said the commission subsequently classified mobile Internet as PMRS and that it’s too late to change its mind.