BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

COMMENTS OF THE
PUBLIC INTEREST SPECTRUM COALITION

On behalf of the Public Interest Spectrum Coalition (PISC), Media Access Project files these comments in support of Google’s Motion to Condition Grant (filed May 2, 2008). Even before Google became engaged in the process, PISC and its members urged the Commission to adopt a “wireless Carterfone” condition as part of a number of license conditions that would serve the public interest. See, e.g., Comments of Public Interest Spectrum Coalition, Docket No. 06-150 (filed April 4, 2007). Indeed, PISC had sought application of the current open device “C Block” conditions to the entire block of spectrum auctioned. The Commission, however, rejected the additional consumer protection and pro-competition conditions proposed by PISC. See In re Service Rules For The 698-746, 747-762 And 777-792 MHz Bands, 2nd Report & Order, 22 FCCRec 15289 (2007) (“700 MHz Order”). While recognizing the enormous First Amendment value and importance to innovation of protecting the ability of subscribers to connect any device and run any application on that device, the Commission determined that it would apply the open device condition only to C Block. Id. at 15361-65. Although the Commission made clear that it absolutely prohibited locking devices operating on C Block spectrum to Verizon’s network or crippling extant features or applications in any device connecting to C Block, see 47 CFR §27.16(e), the Commission otherwise preferred to rely on the general guidance offered in the Order. At the same time, the Commission warned future C Block licensee that the Commission would respond vigorously to any complaints from subscribers, applications developers, or others. 700 MHz Order, 22 FCCRec at 15369-72.