MetroPCS 4G Data Blocking Plans May Violate Net Neutrality

“Our 4G LTE (Long Term Evolution, latest standard in the mobile network technology) network can deliver unlimited voice and mobile broadband data services and, with these new service plans, consumers are in the driver’s seat on how much additional data access and real-time entertainment content they want to pay for on a monthly basis,” said Roger D. Linquist, president, CEO and chairman of MetroPCS in a press release.

You acknowledge and agree and authorize MetroPCS to alter for you, as your agent, such Data Content and to restrict or deny access to certain sites or Internet addresses for any reason. You acknowledge and agree that such alteration that MetroPCS may or will perform on your behalf as your agent may include our use of Data Content traffic management or shaping techniques just as, however not limited to delaying or controlling the speeds at which Data Content is delivered, reformatting the Data Content, compressing the Data Content, prioritizing traffic on MetroPCS' network, and placing restrictions on the amount of Data Content made available based on the Agreement. You furthermore acknowledge that MetroPCS may not be able to alter such Data Content for you merely by reference to the Internet address and in a word acknowledge and agree that MetroPCS may examine, including, yet not limited to Shallow Packet Inspection and Deep Packet Inspection, the Data Content requested by you during using the MetroWEB Service to determine how best to alter such Data Content prior to providing it to you.

Uses that are explicitly blocked include using your phone camera to continually broadcast video or using VoIP (Voice over Internet Protocol) services just as Skype.

However, the FCC rule states that mobile carriers cannot “block applications that compete with the provider's voice or video telephony services, subject to reasonable network management.”

The FCC says it will enforce the rules on a case-by-case basis and for mobile operators will have to look into issues of efficient network usage.

The order says

Or as the order says: “Along these lines, in determining whether a network management practice is reasonable, the Commission will consider technical, operational, and other differences between wireless and other broadband Internet access platforms, including differences relating to efficient use of spectrum. We anticipate that conditions in mobile broadband networks may necessitate network management practices that would not be necessary in most fixed networks, now conclude that our definition of reasonable network management is flexible enough to accommodate such differences.”