Kevin Martin, chairman of the FCC Denies Skype's Open Wireless Request

Kevin Martin, chairman of the Federal Communications Commission, on Tuesday said he would recommend that the agency reject a Skype petition to require wireless operators to open their networks to any wireless device and service.

During his keynote at the CTIA Wireless conference in Las Vegas, Martin called the wireless industry "the poster child for competition," and said the Internet telephony company's request was "premature."

"In fact, in less than a year, many of you have evolved from vocal opponents to vocal proponents, embracing the open platform concept for your entire networks.

Verizon Wireless has committed to open its entire network to devices and applications of consumers’ own choosing. More and more wireless providers, including T-Mobile and Sprint through their participation in the Open Handset Alliance, and AT&T, are also embracing more openness in terms of devices and applications. Indeed, in looking at the program for this conference, I was excited to see a number of educational sessions and panels focusing on the issue of openness. This interest now appears to be shared across the industry.

In light of the industry’s embrace of a more open wireless platform, it would be premature to adopt any other requirements across the industry. Thus, today I will circulate to my fellow commissioners an order dismissing a petition for declaratory ruling filed by Skype that would apply Carterfone requirements to existing wireless networks.

But, unfortunately, our work in the 700 MHz band is not done. Let me also touch upon the Commission’s commitment to public safety in the 700 MHz band. Meeting the needs of public safety is critically important.

During a crisis, public safety officials need to be able to communicate with one another. We are all aware of problems caused by the lack of interoperability for public safety during recent crises – like 9/11 and Hurricane Katrina.

I believe the Commission remains committed to ensuring that we work to solve public safety’s interoperability challenges. Because the reserve price for the D Block was not met in the 700 MHz auction, the FCC is now evaluating its options for this spectrum."

Skype in February 2007 filed a petition with the FCC, requesting that the agency apply a 1968 landmark regulatory decision to the wireless industry. The so-called Carterfone regulations allowed all devices to be connected directly to the AT&T network, as long as they did not cause damage to the system. If Skype is successful in convincing the FCC to apply the same regulations to the wireless industry, then it would mean that device manufacturers, Internet portals, and others would be able to offer wireless gadgets and services on cellular networks without the approval of operators.