Verizon Wireless and Google plan to
co-develop several devices based on the Android system that will be preloaded with their own applications — plus others from third parties, a possible contender to Apple’s huge iPhone application store. They will market and distribute products and services, with Verizon also contributing its nationwide distribution channels.
If the network neutrality mandates in the Markey-Eshoo bill were to become law, I don’t see how VZW and GOOG could preload applications, if the applications favor certain content on the Internet when they are used. That would seem to violate the “duty” of Internet access service providers to
not block, interfere with, discriminate against, impair, or degrade the ability of any person to use an Internet access service to access, use, send, post, receive, or offer any lawful content, application, or service through the Internet.
I also wonder how VZW and GOOG could effectively market products and services utilizing VZW’s wireless Internet access service without prioritization or favoritism?
Perhaps someone has thought of a clever legal argument already why they could do these things, but I’m reminded of a recent editorialwhich correctly observes that “[o]nce net neutrality is unleashed, it’s hard to see how anything connected with the Internet will be safe from regulation.”
VZW and GOOG’s competitors won’t like whatever they do. The competitors will have a captive audience at the FCC. The burden of proof will be on VZW and GOOG to justify every move.