Sprint's WiMax policy says it can enforce bandwidth limits

September 30, 2008, 02:51 PM —  IDG News Service — 

Sprint Nextel has promised an "open Internet business model" without restrictions on services and customer choice on its new WiMax service, but its acceptable use policy says the company may limit bandwidth for some applications and protocols, including file sharing.

Sprint rolled out its Xohm WiMax service in Baltimore Monday, and the company plans to expand the service to Washington, D.C., and Chicago by the end of the year. In the Xohm news release, Sprint said its WiMax service's "open Internet business model transcends other carriers' wireless walled gardens that restrict services, choice and innovation."

However, Xohm's acceptable use and network management policy says: "To ensure a high-quality experience for its entire subscriber base, Xohm may use various tools and techniques designed to limit the bandwidth available for certain bandwidth intensive applications or protocols, such as file sharing."

Those terms of service suggest some restrictions on service and customer choice, said Free Press, an advocacy group that supports net neutrality rules for broadband providers.

When asked about the potential conflict between the news release and the policy, Xohm spokesman John Polivka sided with the news release. "We do not police the Internet or the content our customers access," Polivka said. "We are not targeting specific applications or services."

However, Sprint will engage in network management to fight traffic congestion, he added. "We want to make sure no one uses a disproportionate share of the network to the disadvantage of other customers," Polivka said.

Free Press officials said the differences between Sprint's public statements and the acceptable use policy are curious. “Our view is that consumers should take notice when a provider promises unfettered access to an open Internet on the one hand while simultaneously reserving the right to limit access to certain content and applications on the other," said Ben Scott, Free Press' policy director.

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