FCC Letter to Apple
July 31, 2009
Catherine A. Novelli, Vice President
Worldwide Government Affairs
Apple Inc.
901 15th Street, NW, Suite 1000
Washington, DC 20005
RE: Google Voice and related iPhone applications
Dear Ms. Novelli:
Recent press reports indicate that Apple has declined to approve the Google Voice application for the iPhone and has removed related (and previously approved) third-party applications from the iPhone App Store. In light of pending FCC proceedings regarding wireless open access (RM-11361) and handset exclusivity (RM-11497), we are interested in a more complete understanding of this situation.
To that end, please provide answers to the following questions by close of business on Friday, August 21, 2009.
1. Why did Apple reject the Google Voice application for iPhone and
remove related third-party applications from its App Store? In
addition to Google Voice, which related third-party applications were
removed or have been rejected? Please provide the specific name of
each application and the contact information for the developer.
2. Did Apple act alone, or in consultation with AT&T, in deciding
to reject the Google Voice application and related applications? If
the latter, please describe the communications between Apple and
AT&T in connection with the decision to reject Google Voice. Are
there any contractual conditions or non-contractual understandings with
AT&T that affected Apple’s decision in this matter?
3. Does AT&T have any role in the approval of iPhone applications
generally (or in certain cases)? If so, under what circumstances, and
what role does it play? What roles are specified in the contractual
provisions between Apple and AT&T (or any non-contractual
understandings) regarding the consideration of particular iPhone
applications?
4. Please explain any differences between the Google Voice iPhone
application and any Voice over Internet Protocol (VoIP) applications
that Apple has approved for the iPhone. Are any of the approved VoIP
applications allowed to operate on AT&T’s 3G network?
5. What other applications have been rejected for use on the iPhone and
for what reasons? Is there a list of prohibited applications or of
categories of applications that is provided to potential
vendors/developers? If so, is this posted on the iTunes website or
otherwise disclosed to consumers?
6. What are the standards for considering and approving iPhone applications? What is the approval process for such applications (timing, reasons for rejection, appeal process, etc.)? What is the percentage of applications that are rejected? What are the major reasons for rejecting an application?
Request for Confidential Treatment. If Apple requests that any information or documents responsive to this letter be treated in a confidential manner, it shall submit, along with all responsive information and documents, a statement in accordance with section 0.459 of the Commission’s rules. 47 C.F.R. § 0.459. Requests for confidential treatment must comply with the requirements of section 0.459, including the standards of specificity mandated by section 0.459(b). Accordingly, “blanket” requests for confidentiality of a large set of documents are unacceptable. Pursuant to section 0.459(c), the Bureau will not consider requests that do not comply with the requirements of section 0.459.
Thank you in advance for your anticipated cooperation.
Sincerely,
James D. Schlichting
Acting Chief
Wireless Telecommunications Bureau
Federal Communications Commission
FCC Letter to Google
July 31, 2009
Richard S. Whitt, Esq.
Washington Telecom and Media Counsel
Google Inc.
1101 New York Avenue, NW, Second Floor
Washington, DC 20005
RE: Apple’s Rejection of the Google Voice for iPhone Application
Dear Mr. Whitt:
Recent press reports indicate that Apple has declined to approve the Google Voice application for the iPhone and has removed related (and previously approved) third-party applications from the iPhone App Store. In light of pending FCC proceedings regarding wireless open access (RM-11361) and handset exclusivity (RM-11497), we are interested in a more complete understanding of this situation.
To that end, please provide answers to the following questions by close of business on Friday, August 21, 2009.
1. Please provide a description of the proposed Google Voice
application for iPhone. What are the key features, and how does it
operate (over a voice or data network, etc.)?
2. What explanation was given (if any) for Apple’s rejection of the
Google Voice application (and for any other Google applications for
iPhone that have been rejected, such as Google Latitude)? Please
describe any communications between Google and AT&T or Apple on
this topic and a summary of any meetings or discussion.
3. Has Apple approved any Google applications for the Apple App Store?
If so, what services do they provide, and, in Google’s opinion, are
they similar to any Apple/AT&T-provided applications?
4. Does Google have any other proposed applications pending with Apple, and if so, what services do they provide?
5. Are there other mechanisms by which an iPhone user will be able to
access either some or all of the features of Google Voice? If so,
please explain how and to what extent iPhone users can utilize Google
Voice despite the fact that it is not available through Apple’s App
Store.
6. Please provide a description of the standards for considering and approving applications with respect to Google’s Android platform. What is the approval process for such applications (timing, reasons for rejection, appeal process, etc.)? What is the percentage of applications that are rejected? What are the major reasons for rejecting an application?
Request for Confidential Treatment. If Google requests that any information or documents responsive to this letter be treated in a confidential manner, it shall submit, along with all responsive information and documents, a statement in accordance with section 0.459 of the Commission’s rules. 47 C.F.R. § 0.459. Requests for confidential treatment must comply with the requirements of section 0.459, including the standards of specificity mandated by section 0.459(b). Accordingly, “blanket” requests for confidentiality of a large set of documents are unacceptable. Pursuant to section 0.459(c), the Bureau will not consider requests that do not comply with the requirements of section 0.459.
Thank you in advance for your anticipated cooperation.
Sincerely,
James D. Schlichting
Acting Chief
Wireless Telecommunications Bureau
Federal Communications Commission
FCC Letter to AT&T
July 31, 2009
James W. Cicconi
Senior Executive Vice President-External and Legislative Affairs
AT&T Services, Inc.
1120 20th Street, NW, Suite 1000
Washington, DC 20036
RE: Apple’s Rejection of the Google Voice for iPhone Application
Dear Mr. Cicconi:
Recent press reports indicate that Apple has declined to approve the Google Voice application for the iPhone and has removed related (and previously approved) third-party applications from the iPhone App Store. In light of pending FCC proceedings regarding wireless open access (RM-11361) and handset exclusivity (RM-11497), we are interested in a more complete understanding of this situation.
To that end, please provide answers to the following questions by close of business on Friday, August 21, 2009.
1. What role, if any, did AT&T play in Apple’s consideration of
the Google Voice and related applications? What role, if any, does
AT&T play in consideration of iPhone applications generally? What
roles are specified in the contractual provisions between Apple and
AT&T (or in any non-contractual understanding between the
companies) regarding the consideration of particular iPhone
applications?
2. Did Apple consult with AT&T in the process of deciding to reject
the Google Voice application? If so, please describe any communications
between AT&T and Apple or Google on this topic, including the
parties involved and a summary of any meetings or discussions.
3. Please explain AT&T’s understanding of any differences between
the Google Voice iPhone application and any Voice over Internet
Protocol applications that are currently used on the AT&T network,
either via the iPhone or via handsets other than the iPhone.
4. To AT&T’s knowledge, what other applications have been rejected
for use on the iPhone? Which of these applications were designed to
operate on AT&T’s 3G network? What was AT&T’s role in
considering whether such applications would be approved or rejected?
5. Please detail any conditions included in AT&T’s agreements or
contracts with Apple for the iPhone related to the certification of
applications or any particular application’s ability to use AT&T’s
3G network.
6. Are there any terms in AT&T’s customer agreements that limit
customer usage of certain third-party applications? If so, please
indicate how consumers are informed of such limitations and whether
such limitations are posted on the iTunes website as well. In general,
what is AT&T’s role in certifying applications on devices that run
over AT&T’s 3G network? What, if any, applications require
AT&T’s approval to be added to a device? Are there any differences
between AT&T’s treatment of the iPhone and other devices used on
its 3G network?
7. Please list the services/applications that AT&T provides for the
iPhone, and whether there any similar, competing iPhone applications
offered by other providers in Apple’s App Store.
8. Do any devices that operate on AT&T’s network allow use of the
Google Voice application? Do any devices that operate on AT&T’s
network allow use of other applications that have been rejected for the
iPhone?
9. Please explain whether, on AT&T’s network, consumers’ access to and usage of Google Voice is disabled on the iPhone but permitted on other handsets, including Research in Motion’s BlackBerry devices.
Request for Confidential Treatment. If AT&T requests that any information or documents responsive to this letter be treated in a confidential manner, it shall submit, along with all responsive information and documents, a statement in accordance with section 0.459 of the Commission’s rules. 47 C.F.R. § 0.459. Requests for confidential treatment must comply with the requirements of section 0.459, including the standards of specificity mandated by section 0.459(b). Accordingly, “blanket” requests for confidentiality of a large set of documents are unacceptable. Pursuant to section 0.459(c), the Bureau will not consider requests that do not comply with the requirements of section 0.459.
Thank you in advance for your anticipated cooperation.
Sincerely,
James D. Schlichting
Acting Chief
Wireless Telecommunications Bureau Federal Communications Commission
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