T-Mobile Hit With Lawsuit for Blocking Marijuana Texts

By SAM GUSTIN Posted 4:20 PM 09/17/10 , ,
T-Mobile
T-Mobile’s relationship with companies that use its mobile service to send texts is rapidly deteriorating. One day after a digital startup vowed to drop T-Mobile over a forthcoming fee hike, another texting company has sued T-Mobile for blocking its service.

The reason? Apparently T-Mobile “did not approve” of a company called EZ Texting, which does business with a website, WeedMaps.com, that provides information on the location of legal medical marijuana dispensaries in California.

On Friday, EZ Texting sued T-Mobile in the U.S. District Court in New York City. EZ Texting says that on Sept. 10th, T-Mobile began “unlawful blocking” of its 313131 text service, which it offers to business and non-profits to help get their message to the public.

“T-Mobile has cut off my code and put my business in jeopardy,” Shane Neman, CEO of EZ Texting told DailyFinance. “There’s nothing illegal about knowing about legal dispensaries in the states they are legal in.”

Founded in 2006, New York-based EZ Texting has 10,000 small business and non-profit customers all over the country that use its SMS platform to send content to users. “None of our customers can send texts through 313131 on T-Mobile,” Nemen says. “None of the other carriers are blocking us.”

A Growing Problem

“EZ Texting is being irreparably damaged in its business because of the blocking by T-Mobile,” Neman said in a declaration to the court. “The ability to exchange text messages with all cell phone users is vital to EZ Texting’s business.”

The case highlights the growing tension between new startups like ChaCha, 4Info and EZ Texting that use text messages to deliver content to users and the mobile carriers on whose networks those texts travel. T-Mobile is a division of German mobile giant Deutsche Telekom (DTEGY).

“EZ Texting has a rigorous screening process to ensure that the businesses and non-profits that use EZ Texting to send text messages are doing so in compliance with all applicable laws and regulations,” Neman said.

The company claims T-Mobile began blocking it after learning that a company that provides information about medical marijuana dispensaries in California was using the service. It says it was informed by OpenMarket — the same aggregator as in the ChaCha situation — that T-Mobile had found the site to be objectionable, hence the blocking.

Aggregators are middlemen that stand between publishers like ChaCha and EZ Texting, as well as Twitter, Facebook and ESPN, and the mobile subscribers they send content to.

T-Mobile issued a statement saying: “T-Mobile doesn’t comment on pending litigation.”

Signs of Things to Come?

Neman said that while the commercial aspect of T-Mobile’s actions are important, there is a broader issue.

“Consumers should have the right to text with whomever they want,” he says. “They have as much of a right to make text messages as they do phone calls. If T-Mobile is blocking legal medical marijuana texts, what’s next, gay marriage, the Tea Party?” Neman says.

Gigi B. Sohn, president and co-founder of Public Knowledge, a DC-based advocacy group, blasted T-Mobile for blocking a legal service.

“This case is yet another example of a totally arbitrary decision by a carrier to block text message calls between consumers and organizations they want to communicate with,” Sohn said in a statement. “The FCC should put a fast end to this blocking by issuing the ruling we asked them for three years ago. EZ Texting and other companies should be able to focus on growing their business rather than filing lawsuits to prevent blocking.”

As new businesses spring up that rely on text messaging to serve content to customers, their relationship with the big mobile carriers will only get more acrimonious. T-Mobile’s battles with ChaCha, 4Info and EZ Texting are signs of things to come.

T-Mobile USA, Clearwire expand networks; tie-up in the works?

September 1 2010 – 11:36 am ET | Dan Meyer | RCR Wireless News

-Both T-Mobile USA and Clearwire expanded their advanced networks into Boston.-City of Boston
Both T-Mobile USA and Clearwire expanded their advanced networks into Boston.

Photo credit:City of Boston

The race to expand the presence of high-speed wireless data services received a boost from two operators as both T-Mobile USA Inc. (DTEGY) and Clearwire Corp. (CLWR) announced new market launches.

T-Mobile USA Inc. said it expanded its HSPA+ network to a handful of new markets pushing the networks total coverage past the 100 million potential customer covered mark.

The carrier said the service was now available in 55 major metropolitan areas with the launch yesterday of service in Boston; Erie, Pa.; Fresno, Palm Springs and San Diego, Calif.; Miami; Richmond, Va.; Spokane, Wash.; and Topeka, Kan. T-Mobile USA’s HSPA+ network is capable of providing network speeds up to 21 megabits per second, with the carrier saying it planned to increase those theoretical speeds to 42 Mbps next year in addition to increasing network coverage to more than 200 million pops.

Meanwhile, Clearwire said it expanded its WiMAX-based network to Boston; Providence, R.I.; and Daytona Beach, Fla. (By default, the expansion also bolsters Sprint Nextel Corp.’s (S) ā€œ4Gā€ offering as the carrier owns a controlling interest in Clearwire.) The expansion pushed the carrier’s network to 52 markets and 60 million pops covered on its way to covering 120 million pops by the end of the year.

Clearwire noted that its WiMAX network provides network speeds in excess of 10 Mbps, with average downlink speeds of around 6 Mbps.

Network intrigue

While T-Mobile USA and Clearwire continue expanding their respective networks , published reports indicate that the two operators could be inching closer to a network or spectrum agreement.

The Wall Street Journal is reporting that Sprint Nextel, which though owning a controlling stake in Clearwire has said it does not have control over the company’s board of directors, is debating whether to let Clearwire sign a deal with rival T-Mobile USA.

The deal could include either leasing capacity on Clearwire’s network or for Clearwire to sell spectrum to T-Mobile USA.

Clearwire has said it was currently funded to complete its planned 120 million pop coverage by the end of the year, but recently noted that it was looking at other opportunities to fund further build out, including possibly selling some of its vast spectrum holdings. Analysts were mixed on that possibility, noting that spectrum is the wireless industry’s most valuable asset and that Clearwire’s vast holdings are its trump card.

The Wall Street Journal story indicates Clearwire would need around $4 billion in funds to push its build out plans past 200 million pops. Dan Hays, partner at global management consulting firm PRTM, noted this week following Clearwire’s launch of its Rover prepaid offering, that network expansion has to be at the top of the priority list for Clearwire.

“Right now it’s a race to the top for 4G coverage,” Hays said. “For Clearwire it has to be a top priority to get more markets launched.”

T-Mobile USA is currently rolling out updates to its UMTS/HSPA-based 3G network using the AWS spectrum the carrier acquired in 2006, but still lacks the spectrum portfolio to roll out a dedicated ā€œ4Gā€ network based on an all-IP core. The carrier has said it would be interested in a partnership to help facilitate its 4G plans.

Clearwire’s current network partners, including Comcast Corp., Time Warner Cable, Google Inc., Bright House Networks, Best Buy Co. Inc. and Cbeyond don’t compete directly with Sprint Nextel in the cellular space.

Clearwire has also recently announced it would begin trialing LTE technology on its network in the Phoenix area in preparation for possibly adding LTE services onto its network. Clearwire has steadfastly said it would continue to support its WiMAX service, but the addition of LTE would open the carrier up to a broader equipment base.

A move to LTE would seem to make more sense for T-Mobile USA as its parent company, German telecom giant Deutsche Telekom AG, is looking at LTE for its international wireless plans.

Further complicating the matter for Clearwire is Harbinger Capital Partners’ recent LightSquared announcement, that calls for the company to begin deploying an LTE-based network in 2011. LightSquared has said it plans to lease capacity on its network to partners interested in offering LTE services.

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