--FCC Commissioner Nicholas Johnson, in the Carterfone Decision, FCC docket 68-661

[David Farber <dave () farber net>]

Begin forwarded message:

From: Brett Glass <brett () lariat net>
Date: September 29, 2007 3:14:25 PM EDT
To: dave () farber net, ip () v2 listbox com
Subject: Re: [IP] Altered iPhones Freeze Up - New York Times By KATIE  
HAFNER

Dave, for IP:

"...our conclusion here is that a customer desiring to use an  
interconnecting device to improve the utility to him of both the  
telephone system and a private radio system should be able to do so,  
so long as the interconnection does not adversely affect the  
telephone company's operations or the telephone system's utility for  
others.  A tariff which prevents this is unreasonable; it is also  
unduly discriminatory when, as here, the telephone company's own  
interconnecting equipment is approved for use....

"A.T. & T. has urged that since the telephone companies have the  
responsibility to establish, operate and improve the telephone  
system, they must have absolute control over the quality,  
installation, and maintenance of all parts of the system in order  
effectively to carry out that responsibility.  Installation of  
unauthorized equipment, according to the telephone companies, would  
have at least two negative results.  First, it would divide the  
responsibility for assuring that each part of the system is able to  
function effectively and, second, it would retard development of the  
system since the independent equipment supplier would tend to resist  
changes which would render his equipment obsolete.

"There has been no adequate showing that nonharmful interconnection  
must be prohibited in order to permit the telephone company to carry  
out its system responsibilities.  The risk feared by the examiner has  
not been demonstrated to be substantial, and no reason presents  
itself why it should be.  No one entity need provide all  
interconnection equipment for our telephone system any more than a  
single source is needed to supply the parts for a space probe.  We  
are not holding that the telephone companies may not prevent the use  
of devices which actually cause harm, or that they may not set up  
reasonable standards to be met by interconnection devices.  These  
remedies are appropriate; we believe they are also adequate to fully  
protect the system.

"Nor can we assume that the telephone companies would be hindered in  
improving telephone service by any tendency of the manufacturers and  
users of interconnection devices to resist change.  The telephone  
companies would remain free to make improvements to the telephone  
system and could reflect any such improvements in reasonable revised  
standards for nontelephone company provided devices used in  
connection with the system.  Manufacturers and sellers of such  
devices would then have the responsibility of offering for sale or  
use only such equipment as would be in compliance with such revised  
standards.  An owner or user of a device which failed to meet  
reasonable revised standards for such devices, would either have to  
have the device rebuilt to comply with the revised standards or  
discontinue its use.  Such is the risk inherent in the private  
ownership of any equipment to be used in connection with the  
telephone system."

--FCC Commissioner Nicholas Johnson, in the Carterfone Decision, FCC  
docket 68-661


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