FCC investigating Google Voice banishment from App store

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Apple's App Store shenanigans are starting to get seriuzAccording to the WSJ, the FCC is investigating Apple's rejection of Google Voice and the subsequent banishment of GV Mobile, a third party application that used Google's Voice network.  They issued a request(PDF) that Apple explain the circumstances behind the removal/rejections and whether or not AT&T had any impact on the decision. 

Apple has three weeks to answer the request (pasted below).  In a statement Friday, FCC Chairman Julius Genachowski said the FCC "has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment." The inquiry letters "reflect the Commission's proactive approach to getting the facts and data necessary to make the best policy decisions."

The FCC also petitioned AT&T and Google for information on the matter.  Apple declined to comment, Google had this to say:

"Apple did not approve the Google Voice application we submitted six weeks ago to the Apple App Store. We will continue to work to bring our services to iPhone users, for example by taking advantage of advances in mobile browsers. We will supply the information that the Commission has requested."

In response to the inquiry, AT&T said it does not ”manage or approve” applications in the iPhone store.  That's what the FCC intends to find out.

This investigation comes as a growing number of influential people are growing concerned with the App Store and Apple's policies.  Just this week, TechCrunch CEO Michael Arrington and Panic Software developer Steven Frank dropped their iPhones because of the Google Voice issue.  This adds to the growing legions of reporters upset with AT&T's dismal service.

While this investigation is far from leading to any government action, it does stoke the flames of injustice that many of us Apple fans are feeling right now.  We hope that whatever or whomever (AT&T) is persuading Apple to take these actions relents on the grounds that the poor publicity outstrips any competitive advantage they hope to achieve by playing unfairly.

 

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.1    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
1 See, e.g., Jenna Wortham, “Even Google is Blocked With Apps for iPhone,” New York Times, July 28, 2009.
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

 

Comments (25)

The problem with this logic is that when one bought one's iPhone, there was no (insert name of rejected app) in the App Store. One made ones decision to purchase it anyhow. So you are in fact arguing that Apple has "f***ed" you because they have not added enough features and options to it to suit you. Did anyone promise you that (insert name) would be added or indeed that any app would be added to the App Store. I think not.

Some people are hard to please and endowed with an enormous entitlement mentality.

People bought the iPhone knowing that apps could be developed for it as long as they didn't violate a set of rules.  Apple has yet to clarify what rule (if any) Google Voice broke to be banished.  That's the purpose of this inquiry

Many of us (3G Buyers) only bought the iPhone because of the apps, myself included.

Why is the FCC involved in the Apple App Store? Apple is not a publicly-funded entity. Granted, a little bit more transparency about the reasons for rejection would serve everyone's interests. But it is absolutely un-American that Apple should be compelled by the government to do business with any entity that writes software, just as any entity writing software cannot be compelled to write software for the iPhone.

Apple would not have rejected the app of a business partner whose CEO is on the board without a damn good reason. Apple should be left to do business with whom it pleases, not whom the government pleases. The consumer is being harmed in NO WAY whatsoever by a lack of Google Voice on the iPhone. Desperately need have Google Voice on your smartphone? Get Android!

 Desperately need have Google Voice on your smartphone?

jailbreak. if you need more of a reason also try 3g unrestrictor. 

*note that apple disagrees with jailbreaking for numerous reasons and that it voids your warranty*

Mac User

"Once you go Mac, you'll never go back"

 

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I agree. When I bought my iPhone I knew that I'd have to use the ATT network w/2yr subscription. No problem. The App Store give me convenient access to thousands of good and not so good apps in on place. And that's good but Apple never said every app made would be accepted even if it is from the company of one on the board.

And now that Google is on it's own mission to promote Android and the GPhones, it also wants to commandeer other phones on other networks with it's software? Get off it FCC & Google & those that can't live without the Google Voice app.

You didn't buy the iPhone for Google apps. If that's what you want go buy a Gphone w/Android.

And if the FCC want's to dig into something they should focus their gaze on SMS/MMS & data plan pricing not only from ATT but from all of the Telcoms.

Wow you people are funny. Thanks for teh laughs.

In a statement Friday, Genachowski said the FCC "has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment."

Maybe someone needs to brush up on their history. Take a look at http://www.fcc.gov/oet/spectrum/ and read why the FCC is in place.

So as the FCC "administers spectrum for non-Federal use", (ie AT&T) it is inquiring about possible wrongdoing on AT&T's part. Obviously, this gets hairy with Apple and having this new thing called the "App Store" that is something completely new.

To me this seems like this is part of the FCC's job even if no in particular filed a complaint with them. Maybe it was an informal complaint. Who knows. I don't believe that matters at this point.

I love Apple, but they do wrong. I love my iPhone. I love Google, what can you say about Google? But, I am not at all happy with AT&T and its lousy service and how they operate. Maybe you can see where I am coming from here.

The market place will work just fine in this circumstance.

If the market place (people like you and me) get mad, we'll stop purchasing iPhones. This is an area where the government should not interfere.

Apple and AT&T are stifling innovation by not publishing a clear set of rules about what can be allowed in the Appstore.

As a developer, it is unworkable to spend months working on an application to have it rejected when you had reason to believe it would be approved.

Apple needs to have a normal level of communication with developers.

Instead, Apple has become too wrapped up in themselves and pride themselves on being ultra secretive. They love making decisions without giving any communication, no reason for their actions. That is not an acceptable way to do business.

They do the same thing when posting Mac applications to their website. They reject applications without stating a reason. And if rejected, you cannot even resubmit for 90 days! Since most small developers report the great majority of their customers come from the Apple website, not being listed there can bankrupt a software developer.

They simply need to provide some level of communication so that developers can understand the rules. This excessive secrecy hurts the developers, Apple and consumers.

Its great that the FCC is looking out to protect consumers and small businesses.

If the last 8 years and this recession have taught us anything, its that large companies which can operate in a market with no regulation, will find ways to abuse the system to hurt consumers, and the whole market for short term gain.

I wish the government cared this intensely about other things like food and drug safety, hurricane preparedness, poverty, etc

on maslow's scale, i think smart phones would be at the top of the triangle

FCC has every right to investigate this matter. AT&T operates using spectrum leased from the government as such it has an obligation to behave in an appropriate manner. If it's using its power to put the squeeze on anything or one it thinks is getting in its way AND it gets Apple to help it do it, that's anti-competitive behavior.

Apple on the other hand is not subject to FCC regulations, but since it's too is probably trying to protect the cost sharing arrangement with AT&T it's fingerprints are all over this too.

One place that should be looking into Apple is the FTC, someone needs to explain to me how an item can be approved, sold and then yanked leaving customers with no recourse other than to hit up the poor developer for a 100% refund (Apple pays them 70% and pockets 30%) while Apple gets to keep its 30% commission. So the developer, get screwed and customers play pot-luck roulette when they buy.

This is just the beginning for Apple, the iron-clad ways are about to come to an end. This is how it started with Microsoft. For those who think the FCC is overreaching, you simply don't know what you're talking about.

I totally agree... except for the comment about this is how it started with Microsoft.
Microsoft's always employed deceitful business tactics and never relied on innovation. Goes all the way back to Bill Gates secretly buying QDOS for pennies, tricking IBM into picking it up as the operating system for the PC while retaining rights to sell it as MS-DOS.

I totally agree with you. What I meant though was once the government started sniffing around and began asking questions about Microsoft's practices, from then on, any time MS did so much as broke wind, the feds started sniffing around; every attempted purchase (remember Quicken/WordPerfect), new product launch, deal for computer makers or new market entry raised a red flag.

Apple, is headed in the same direction and this action opens the door to the continued "smell" test for Apple going forward, no matter how faint the smell.

If Apple denies that ATT had anything to do with their own internal policies, the FCC cannot prove otherwise without getting a court to determine what information they have a right to know. For the FCC to come in and make "blanket" demands to know what Apple claims is "proprietary information" and then to say, "you must answer AND you cannot balk when we publish your documented answers for the mass media to read", they are pushing the limits of their power and they know it. Let it be tested now. Let it go to court. I believe, on a practical ground alone, that the FCC is attempting to solve too much in one fell swoop. What IS unprecedented is the speed with which the FCC is acting on mere suspicion of ATT. Why are they upset about the Google app and why NOW? They are biting of more than they can chew, I think and they will find that even they have limits. Just last week large numbers of people who enjoy this website were saying, "Eric Schmidt is on Apple's board, so they are probably breaking anti-trust regulations." Now those same people are upset that Apple made a decision which proves Google isn't just anti-trusting with them in the boardroom bed. Let's just see what happens. Meanwhile all the unsatisfied developers could get more organized and appeal to Apple based on numbers and lost revenue.

The iPhone is a radio...the FCC controls radios, radio signals, receivers, broadcast and the transmission frequencies that it operates on and can compel and demand whatever it wants from Apple (break the law using your iphone you won't be dealing with local law enforcement). And AT&T probably said to Apple if asked, I can't tell you what to do, wink, wink. But I doubt AT&T was the only deciding factor for why these apps were pulled from all itunes stores; AT&T has nothing to do with iphones in foreign countries. The last thing any company wants is the federal government up its butt...it costs the government "nothing" to make a business's life miserable, it's like the IRS.

People think Apple has some immunity or some protection or can kick in its heels like it does with its consumers with the "because I said it's so that must make it so" attitude or "I'm Apple and it's my secret." Wake up...this is bigger than Apple and the FCC is talking to Google and AT&T too, moreover, it has asked for contact info for ALL the developers whose apps were approved and then bounced or denied. Apple's business model may be hit because of its greed, need for control and pretense of exclusivity.

Anyone who read the questions asked can pretty much determine the following.

FCC is interested in:
(1) Determining whether AT&T is abusing it's exclusivity relationship to control the market place in an anti-competitive way
(2) Though Google Voice was the catalyst of this inquiry, it's also inquiring about all previous rejections to see whether AT&T had a role in those rejections (Sling comes to mind.)
(3) FCC is investigating whether exclusivity partnerships harm the general marketplace of Wireless service, in general.
(4) FCC is coming to Apple for this information, since the investigation is about this high-profile exclusivity relationship, and how AT&T may/may not be abusing it's powers due to contractual obligations.

One interesting thing about the confidentiality bit of this questionnaire is that they are rejecting any blanket immunity for confidentiality, meaning that if Apple chooses to hide every rejection, it must specifically request to do so for each individual item, and provide acceptable reasoning for this, else it be made public. This could definitely shed some light on the inconsistencies in the approval/rejection/pulling process at Apple. My thoughts here are: Apple is an organization, like any, consisting of people. People make decision. They are probably not run through committee for every app approval/rejection. Without committee approval, you can get speed in the process, however you'll lack consistency. I'm sure the "pull" process is probably run more by a committee or higher level, and while hurtful in general, I suspect they probably have reasons for doing so, whether or not we (the consumer/general public) understand/accept them.

I don't believe this inquiry will fix the problem of App Store approvals/rejections, however, I do believe this may cause bigger problems for AT&T. If the fault here is largely viewed to be Apple, I believe you're probably right -- the FTC may bring anti-trust monopoly charges against Apple as well. (There are more than one type of monopoly, and while people seem to think having a monopoly is illegal, that's not true. Abusing your power as a monopoly to prevent future competition is what's illegal.) Honestly, where I see problems for Apple is: rejections that duplicate iPhone features, either present or future. Such as voice control app rejections, MMS for iPhone, or Video for iPhone/iPhone 3G, are likely going to be problems for Apple, since to reject those would be abusing monopolistic power in order to prevent competition. If the phone is capable, and a developer can figure a way (even if Apple can't/won't due to trying to draw further attraction to new products), if Apple prevents them, that's when it comes to abuse, and that's what can get Apple into trouble. As for rejections like Sling/VoIP over Cellular, etc, it won't affect Apple, but might serve to harm AT&T if the FCC determines AT&T did make some roll in the decision.

This investigation won't get anywhere. All Apple has to respond with "We felt that the Google Voice application would confuse users and duplicates other functionality of the phone" the way they have in the past. The FCC won't get any more information out of Apple than developers have because they have no legal basis to get it.

Hmm, how exactly did apple reach that conclusion after approving a host of similar applications and then deciding to ban them all. I tell you why, they did it so that it wouldn't look like it was picking on Google. The smaller developers aren't a threat to Apple...so it was fine, but when Google shows up...whoa there...now we'll kick them all out "so we look even handed."

As for duplicating functionality they saw those capabilities when many of these apps went through the first time and I'm not talking about google's app, but some of the other google voice apps that got caught up in this net of arbitrariness. In general Apples behavior is akin to Exxon selling AND making cars and then forbidding the use of Sunoco or Chevron or Citgo gasoline in YOUR car or denying you the option by using a non-standard fill spout and then threatening to void the warranty if you change it. BTW, AT&T used to do the same thing...for those of you born in the 80s and late 70s it owned ALL the phones and long distance capabilities and the infrastructure that went to and from your house, operators, directory assistance, phone books you name it. It too kept other companies from even coming near it, back then the Google of phones was MCI (now WorldComm) and the precursor to all this mobile phone business was McCaw Cellular another company in AT&Ts sights back then.

That's why this investigation will move along...it may do so slowly at first but it will gradually continue to pick up steam and this predatory behavior will be exposed for what it is, monopolisitc.

Did you ever hear about the EU vs Microsoft antitrust lawsuit?

And that was just over pre-loaded software. They weren't even restricting users as Apple/ATT look to be.

As far as i know Apple used to say that about browsers too, but that changed...
Ergo your argument is weak. You/they can't refer to a rule that has already been changed by themselves.
My guess is that Apple wants to see how far the FCC will go with this, before saying something firm.
Apple are able to charge a lot more for the phone when they can hide the real price from people thanks to subsidized handsets. With AT&T having to compete with supreme services (like VOIP), Apple's future revenue is in danger - because AT&T and others will no longer be able to charge a ridiculous price for calls and texts.

Though inevitably VOIP will become the norm, and prices will drop like a stone. The question is how far the FCC will go. It could just issue a statement saying that preferably companies should be open for competition and that it will watch closely how this develops.

The tricky thing here though, is that both Apple and Google heavily supported Obama's campaign, and it is the president who chooses the chairman.

The Justice Department dropped the case vs. Microsoft in 2001, after Reno went out and Aschrcroft came in. Aschcroft didn't want to slap a big contributer in the face - they always need money for the next run.
It was about splitting MS in half - it went away over night...
It's all politics with the big lads like AT&t, Apple and Google.

As far as i know Apple used to say that about browsers too, but that changed...
Ergo your argument is weak. You/they can't refer to a rule that has already been changed by themselves.
My guess is that Apple wants to see how far the FCC will go with this, before saying something firm.
Apple are able to charge a lot more for the phone when they can hide the real price from people thanks to subsidized handsets. With AT&T having to compete with supreme services (like VOIP), Apple's future revenue is in danger - because AT&T and others will no longer be able to charge a ridiculous price for calls and texts.

Though inevitably VOIP will become the norm, and prices will drop like a stone. The question is how far the FCC will go. It could just issue a statement saying that preferably companies should be open for competition and that it will watch closely how this develops.

The tricky thing here though, is that both Apple and Google heavily supported Obama's campaign, and it is the president who chooses the chairman.

It's not about information or fines, it's about the Justice Department going to court if it sees it fit.
The Justice Department dropped the case vs. Microsoft in 2001, after Reno went out and Aschrcroft came in. Aschcroft didn't want to slap a big contributer in the face - they always need money for the next run.
It was about splitting MS in half - it went away over night...
It's all politics with the big lads like AT&t, Apple and Google.

Say you want about the government and whether this is within Apple's rights

BUT

I don't get it.
Why all the energy defending Apple's rights to tell you what apps you can run? When did the Think Different crowd become sheep? Why don't users get to decide? Why are we all trusting Big Brother? Why has the world turned upside down in 25 years?

I just looked at InfoWorlds 21 "best of jailbreak" apps. WHY DON'T WE GET TO DECIDE IF WE WANT A WEEK AT A GLANCE CALENDAR? Why are we worshipping The One True Set of Apps?

http://www.infoworld.com/d/mobilize/21-apps-apple-doesnt-want-your-iphon...

Why must we void our warranties to get these?

If you're not harming the user, device, or network, why can't users decide?

It's not as if the current process has produced quality... it's just limited choice and killed innovation. Developers that want to get approved need to Think Alike.

It may be Apple's legal right. But how is this good for YOU?

With Google Voice and the Textfree app, you don't need ATT anymore...except for wireless data... so is ATT that stupid. Or the FCC is justified in what they are doing..

I love my G1 Google Phone and T-Mobile service, I hate AT&T. I canceled my Internet, Direct TV, Home Phone bundle because they cost me so much money in fee's. I had SBC Global before it became AT&T, SBC bought out AT&T used their name because of universal recognition. Unfortunately, I believe the poor customer service attitude remained in the lines so to speak. I liked SBC, and had faith the service and technology would continue to remain reliable and affordable. However that wasn't the case. I never picked up a wireless contract with them because I like my T-Mobile, they consistantly offer me lower rates because I renew my contact. T-Mobile has never been known to offer Cool Phones like Verizon, or Sprint. It was a nice surprise when the G-1 came out. I have not talked to a single user who doesn't love their phone. We're generally Non-Apple people though.