October 8, 2008
Electronic Filing
Chairman Kevin J. Martin
Federal Communications Commission
445 12th Street, SW
12th Street Lobby, TW-A325
Washington, D.C. 20554
Re: Ex Parte Presentation; RM-11361
Dear Chairman Martin:
Skype Communications S.A.R.L. ("Skype") responds briefly to CTIA's letter of
September 24th and Sprint Nextel's letter of September 26th, both of which take issue
with Skype's earlier letter to you regarding the lack of openness of wireless networks.
CTIA and Sprint go to great lengths to rebut Skype's characterization of remarks made
at a CTIA conference earlier this month, which Skype viewed as indicative of a hesitant,
closed network mentality among wireless operators.
Rather than prolong an empty debate about whose characterization of remarks at the conference is correct, let me point out that Skype's application is forbidden, blocked and otherwise interfered with by the largest CTIA members.1 When CTIA members claim that "the entire Internet is open," the intended implication is that the entire Internet is open, including to multi-modal Internet communications applications like Skype. The truth of the matter, however, is that, despite their representations to thecontrary, applications are blocked even on the most recently-announced advancedhandsets.2 The proof of Skype's argument is in the conduct of CTIA members, no matter what speeches are made at conferences. If Skype is blocked, the network is not
open.
I also would like to take this opportunity to remind you that CTIA is currently
suing the Commission to overturn the very openness rule they now claim to embrace.
If the wireless industry is serious about openness, CTIA would immediately withdraw
that litigation.
CTIA attempts to sidestep the fact that its members' networks are not open by
arguing that Skype itself is closed and, apparently, therefore cannot advocate consumer
empowerment principles and network openness. To make this point, they cite a blog
post by Mr. Michael Robertson, CEO of Gizmo Project, a VOIP application.
Fundamentally, Mr. Robertson is wrong. Mr. Robertson confuses open networks with
open platforms. Skype is an open platform. Anyone, anywhere on the planet can
download Skype for free, and he or she will be able to use Skype. Skype's software is
open to any application developer through our public Application Programming
Interface (‘API') program. Over 10,000 developers have taken advantage of this API
and are part of Skype's developer program. In fact there are many applications that use
Skype's APIs to send calls to/from Skype users and SIP endpoints, including VoSky,
Fring, etc. Skype also recently collaborated with Digium/Asterisk, which will now
bring Skype into "soft PBXs" for millions of users and allow many forms of applications
and services to connect to Skype seamlessly.
Mr. Robertson is also wrong on the law. He rehashes the incumbent wireless
operators' various arguments against network neutrality and confuses to whom the
Internet Policy Statement applies. Openness rules are properly targeted at network
operators because of the limited intermodal choices available to US consumers in a
wireless market dominated by the top three operators. Conversely, there is nearly
limitless choice in Internet applications, with fierce competition and few or no barriers
to entry. Quite properly, therefore, the Internet Policy Statement applies to networks and
not to applications. Its aim is to assure an open Internet so that consumers can choose
from the limitless number of applications available to Internet users, absent
discrimination by network operators. To apply it to Internet applications would flipt
the Internet Policy statement on its head. What the network operators are doing is very
different. They restrict consumer choice by blocking Skype and other applications to
commenting on the iPhone's closed operating system, Steve Wozniak, co-founder of Apple
Computer, said "Consumers aren't getting all they want when companies are very proprietary
and lock their products down...I would like to write some more powerful apps than what you're
allowed."/http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms
/3145691/Steve-Wozniak-interview-iconic-co-founder-on-the-iPod-iPhone-and-future-for-
Apple.html.
Oct 8, 2008 3 which consumers would like to have access. To apply the Internet Policy Statement to
Internet applications would flip the Policy Statement on its head.
We greatly appreciate CTIA's invitation to attend the April show in Las Vegas. If
CTIA members would like to prove their openness once and for all, Skype's top
executives will be available to attend the conference. When a Skype user can legally call
the Chairman of the FCC on the mobile broadband networks of each of the top three
wireless networks, we will know that their conduct is consistent with the consumer
empowerment principles of the Internet Policy Statement.
We look forward to working with the Commission and CTIA members to ensure
that the whole Internet - including multimodal applications such as Skype - is available
to consumers.
Respectfully submitted,
________________________
Christopher Libertelli
Senior Director, Government and
Regulatory Affairs
SKYPE COMMUNICATIONS S.A.R.L.
6e etage, 22/24 boulevard Royal,
Luxembourg, L-2449 LUXEMBOURG