UK's Truphone Wins Injunction Against T-Mobile

An anonymous reader writes "According to CNET.co.uk, the cell-phone VoIP company Truphone has won a temporary court injunction against T-Mobile, who was accused of 'preventing the launch of the Truphone service' and 'abusing its dominant position' by not routing calls to Truphone users. This ruling could have a profound effect on the cell phone industry in the UK, as Truphone CEO James Tagg pointed out in a press release. 'The injunction is good news not only for Truphone but for every company trying to develop Internet-era services and for every consumer wanting freedom of choice and lower prices. We are determined to bring better-value mobile calls, text messages and other innovative services to mobile phone users, and it's right that we should not be prevented from doing so.'" The injunction, which the article calls an "interim judgement," isn't the final word; Truphone and T-Mobile still need to go to trial.

Comments

Required to route calls?

[EveryNickIsTaken]

'preventing the launch of the Truphone service' and 'abusing its dominant position' by not routing calls to Truphone users. Is T-mobile required by law to route calls to other service providers? I'm not familiar with the UK Telco laws, so maybe someone can shed some light on this.

Re:Required to route calls?

[eggoeater]

I'm also confused about where the calls were originating from....
TFA mentions mentions making VoIP calls using your mobile phone.
Were these calls originating from T-Mobile cell phones? Using local WiFi or T-Mobiles internet?
I don't understand the mechanics of what the law suit is trying to settle.

Re:Required to route calls?

[NaCh0]

I don't know about the UK laws but when T-mobile essentially says that they won't route calls to other service providers with lower prices than their own it is total bullshit.

Re:Required to route calls?

[efceeveea]

... The larger phone company was not allowing its customers to call the smaller phone company, thus putting the smaller one out of business. Without competition you end up with essentialy the same make-up as communism, no incentive leading to crappy products.

Re:Required to route calls?

[TheMeuge]

I surmise that the way the service works is that you can have an application on your Internet (3G or EDGE) enabled mobile phone, which can make calls to other mobile phones using only the internet connection on your end. Since in Europe, you're not responsible for the cost of incoming phone calls, this would render the calls in question totally free for the people making them.

I wonder how this plays out, given the differing models of payment for mobile phone calls in the U.S. versus much of the world, wherefore U.S. is more subscription-based, and charges both the source phone and the destination phone, while (and correct me if I am wrong) many other places prefer to have a more of a per-call charge system, where only the initiating phone is charged.

Re:Required to route calls?

[FinchWorld]

I believe certain T-Mobile contracts offer free internet access (or atleast very cheap access), as a result a (small yet) significant number of people started using a VOIP app to call each other and send text messages for next to nothing. As a result T-mobile banned/blocked this app to force people to use there service.

Re:Required to route calls?

[EveryNickIsTaken]

It may be bullshit, but it wouldn't necessarily be (potentially) illegal. I'm just curious as to why an injunction was issued.

Re:Required to route calls?

[Anonymous Coward]

Is T-mobile required by law to route calls to other service providers?

Most likely only insofar as they advertise themselves as a telephone service, which implies that users of the service can call telephone numbers. Maybe if they want to limit the service in some way contrary to the past few decades of operation, they should give it a new name, kind of like Sprint's Push to Talk service.

Re:Required to route calls?

[chrb]

I surmise that the way the service works is that you can have an application on your Internet (3G or EDGE) enabled mobile phone, which can make calls to other mobile phones using only the internet connection on your end. Since in Europe, you're not responsible for the cost of incoming phone calls, this would render the calls in question totally free for the people making them. Not quite. It's more like Skype - free calls/txts when you're both using the Truphone service with VOIP (over 3G or wifi) at both ends. If it goes out to GSM on either side, then the caller pays for it. If you run Truphone over 3G and have a fixed rate bandwidth tariff you'll always be able to use VOIP on your end. And you can receive calls for free wherever you have free wifi (roaming costs within Europe are ~0.5usd/min). T-mobile already banned VOIP from their own users - they offer the cheapest 3G rates in the UK, so no wonder they don't want their users switching to this.

Re:Required to route calls?

[Zontar_Thing_From_Ve]

I surmise that the way the service works is that you can have an application on your Internet (3G or EDGE) enabled mobile phone, which can make calls to other mobile phones using only the internet connection on your end. Since in Europe, you're not responsible for the cost of incoming phone calls, this would render the calls in question totally free for the people making them.

Actually, this is not true in all of Europe. In non-Soviet Russia, cell phone company charges YOU! - for both incoming and outgoing calls, just like in the good old USA. Sorry to resort to that old joke, but it is true that Russian mobile phone companies do charge customers for both incoming and outgoing calls.

Re:Required to route calls?

[Anonymous Coward]

Truphone is a software application that runs on Nokia mobile phones. It's designed to make VoIP calls over wi-fi networks (though it can also do so over 3G). According to Truphone's skeleton argument, T-Mobile initially allowed their customers to call Truphone numbers (which are regular telephone numbers, allocated by Ofcom, the communications regulator) but then blocked them, meaning that you couldn't (and still can't; T-Mobile have until July 23rd to obey the injunction) call a Truphone number from a T-Mobile mobile phone.

Re:Required to route calls?

[Anonymous Coward]

I believe certain T-Mobile contracts offer free internet access (or atleast very cheap access), as a result a (small yet) significant number of people started using a VOIP app to call each other and send text messages for next to nothing. As a result T-mobile banned/blocked this app to force people to use there service.

That's incorrect. The complaint was that T-Mobile customers were not able to make calls to Truphone numbers. Truphone's service is primarily designed to be used over wi-fi, so T-Mobile don't have much influence over its operation in that respect.

Re:Required to route calls?

[gnuman99]

Paying more to call a cell? WTF? That is why some people in Europe call their US buddies and ask them to call back. The US buddies thinks it is 0.03 per minute to call with their VoIP phone but then guess what? Because you are calling a mystical cell phone, the caller get clobbered with 0.25+ per minute.

Sorry, but this is really fscked up. The caller should only pay a fixed, small amount to the receiver to place a call. This is how it works in US or Canada. If the receiver makes a *choice* to have a cell or an encrypted satellite phone, then they should pay for that choice, not the caller.

So what about telemarketers? That's what the law is for. Seems to work OK so far.

Re:Required to route calls?

[Xavyor]

In the UK, all cell phones are in a different area code than regular land lines. Therefore you know which numbers will cost you more or less than the others and telemarketers know what range of phone numbers to avoid calling. I like the idea of not being charged for incoming calls and especially texts. You should not be charged for receiving a text that you have no control over. Another good system that they have over there is the pay as you go system. You can buy a cheap cell phone for about £20 and then only pay for outgoing calls and texts. The credits on the phone don't expire and you don't need a plan to keep using the phone.

Re:Required to route calls?

[Anonymous Coward]

You do realize the North American cell-phone charge model is simply an accident of the bone-headed area code scheme that doesn't cater properly for non-geographic numbers, right? The US carriers would prefer to have a European style caller-pays system, because it's a much easier charge structure to track and bill, and much, much simpler when it comes to cross-charges.

Re:Required to route calls?

[Winckle]

Russia isn't a member of the European Union.

Re:Required to route calls?

[TobascoKid]

so T-Mobile don't have much influence over its operation in that respect.

Truphone's mainly designed to work on mobile phones with built in Wifi (the Nokia e60/61/70 and N80 phones). I'm guessing that's why T-Mobile don't like it, but it's hard to see how they can justify not terminating calls - after all, they have plenty of other competitors that they'll terminate calls with.

Re:Required to route calls?

[jez9999]

T-mobile already banned VOIP from their own users - they offer the cheapest 3G rates in the UK, so no wonder they don't want their users switching to this.

Ah, yes. The old telephony trick.

1. Advertise extensive, cheap service.
2. Prevent paying users from using service.
3. ???
4. Profit!!!

Re:Required to route calls?

[TobascoKid]

But Russia (Soviet or otherwise) is a part of Europe. The posts have only mentioned Europe and not the EU.

EU != Europe.

Re:Required to route calls?

[TobascoKid]

According to the article, because of the Competition Act.

Re:Required to route calls?

[Winckle]

As a Englishman I am well aware of my continent, however the cell phone laws in question were those of the EU.

Re:Required to route calls?

[Tony Hoyle]

Is T-mobile required by law to route calls to other service providers?

Not by law. The regulator (OFCOM) states that they must route all numbers to other providers, and they have a number of things they can do to enforce this eg. heavy fines.

However it may not be malice in this case just sheer incompetence. Unlike TCP/IP the phone network doesn't have any concept of a routing protocol.. new number blocks are propogated literally by the companies emailing each other with lists. The new 055 block (designed for non-geographic numbers normally VOIP terminated) for example is only currently routed by about half the providers in the UK although this is increasing (usually as a result of user complaints).

Re:Required to route calls?

[choco]

T-Mobile is a "MNO" = Mobile Network Operator.
Truphone is, like my company, a "Other Licensed Operator".

In the UK we are all governed by the terms of licences issued by OFCOM. These licences do contain terms requiring us to route calls between all of us. There are certain, very specific exceptions, none of which I can see applying here.

As I understand it Truphone have also complained through OFCOM - and they are almost certain to win there ...but the wheels of OFCOM turn very, very slowly (many months, could be years) and they can't force T-Mobile to change their behaviour while they're working on it. Which is probably why Trucom went down the Legal route.

My company has also got an allocation of UK Mobile numbers, and we are planning an application which, while slightly different to Truphone, will also annoy T-Mobile et al. So we're watching closely to see what precedents are set.

You can find out all about UK telecom regulation from the OFCOM website, including who "owns" which ranges of numbers.

http://www.ofcom.org.uk/telecoms/ioi/

Unfortunately it is very badly laid out and, even with the benefit of experience, it can be very hard to find what you want.

The real technical details are not publically available - they are hidden in various contracts and behind confidentiality clauses. This is partly because some of the terms are, frankly, outrageous, and partly because some of the technical details are extremely naff.

Re:Required to route calls?

[TobascoKid]

... Since in Europe, you're not responsible for the cost of incoming phone calls ... ... this is not true in all of Europe. In non-Soviet Russia ...

Nowhere in this conversation is the Union mentioned, only the generic "in Europe". "Since in Europe, you're not responsible for the cost of incoming phone calls" implies that it is true for all of Europe, EU member states or not. The fact that EU areas have EU inspired competition laws is irrelevant - "Since in Europe, you're not responsible" is not true, because not all of Europe has those laws. Nor is EU membership a requirement for strong competition laws - Capitalist Russia, or anywhere else in Europe but outside the EU, could come up with it's own competition laws that are more stringent than EU ones.

Re:Required to route calls?

[choco]

The calls in question here - the ones covered by the injunction are "ordinary" or "conventional" calls from T-Mobile subscribers to the range a range of phone numbers owned by Truphone.

In the UK, when a Telco gets an allocation of certain types of number range (including Mobile) they get to set the termination rates (within limits). Termination rates are what other Telcos have to pay when they pass calls to that Telco.

T-mobile were refusing to pass calls on the basis that the amount Truphone was charging for termination rates was too high - although they look pretty standard to me.

Re:Required to route calls?

[Anonymous Coward]

Nowhere in this conversation is the Union mentioned, only the generic "in Europe". "Since in Europe, you're not responsible for the cost of incoming phone calls" implies that it is true for all of Europe, EU member states or not. So by the same token, when anyone says that something about 'America' they are implying that it applies in Canada, USA, Mexico and all the South American countries? I suspect not and that in most cases they just mean the USA.

Step 1 done

[Anonymous Coward]

I've been a Truphone user for a long time and I've been dealing with Vodafone UK and T-Mobile UK problems for months. At first it was problems with the VoIP application stack being blocked in my Vodafone-branded E61. Then there was T-Mobile. Anyway, what you people don't know is that Virgin Media (the new name for NTL Cable) is using packet shaping to degrade/drop Truphone packets for a horrible voice experience. I have noticed it ever since they rolled out their new system. Calls from Sipgate, Voxalot, Gizmo, etc all sound great. But packet-loss and latency are insane for Truphone. Could it be Virgin Media doesn't like their bundled telephone service being undercut? I think so.

It's all free

[PCM2]

From TFA:

If VoIP services on mobile phones are going to succeed and we're all going to be calling each other for free, the networks have to allow it.

That's right! It's all going to be free. Just like the other basic human rights, after phone calls: Food and shelter. We're such an enlightened society that it's all going to cost nothing. I am so glad that we live in this golden age.

Re:It's all free

[ubernostrum]

Yes, because when you're using VoIP there are absolutely no fees whatsoever involved in maintaining a working Internet connection on both ends, so of course all telecommunications companies will be ruined.

Oh. Wait. No, that's not how it works...

Re:It's all free

[Amouth]

you negate the fact that i pay for the connection to place the VOIP call.. here in the US i pay 40$ a month for unlimited US data on the edge/3g network.. if they block my access to something they are in the wrong.. i am paying them for that access.. when they block it i am no longer getting what i paid for....

Re:It's all free

[Anonymous Coward]

50 euros (US $68) is typical ADDITIONAL FEE for UMTS in Wester Europe. NOT unlimited, that's with a few gigabytes of transfer, plans vary.

You may wonder, why the telcos are upset that people are using this to get cheaper calls and text, when they make all this money off UMTS/3G... until you see the cost of things like the base plans and additional calling out per minute and sms out.

Re:It's all free

[TobascoKid]

T-Mobile UK Web N Walk is £7.95 ($16) a month extra on pay monthly (both flext and Ufix plans), with a 1GB a month fair use limit. There are also Web N Walk Plus and Max options on flext with 3GB and 10GB limits respectively. There is also a £1 a day option (also available on the Pay As You Go plans). Looking at the T&Cs only flext Max doesn't specifically disallow internet voice calls.

Re:It's all free

[Tony Hoyle]

Max is hellishly expensive though.. as you'd expect for a service allowing 10GB with VOIP.

Vodafone has a similar structure - £7.50 for data (about 220mb IIRC) w/o VOIP/IM and £22 for 3GB of data (with IM but without VOIP). No equiv. to the 10GB one. The difference to the tmobile plan is you can choose to use VOIP even on the £7.50 one but they'll charge you £2/mb for the privilege - this puts it a bit more expensive than making the call directly in the first place.

Re:It's all free

[TobascoKid]

The difference to the tmobile plan is you can choose to use VOIP even on the £7.50 one but they'll charge you £2/mb for the privilege

How do they tell that any particular packet is a VOIP packet? If I were to tunnel a VOIP call through ssh or ipsec, would I end up not being charged more (or is a case of if it's not HTTP, it gets charged at a higher rate)?

VoIP

[neoshroom]

...as Truphone CEO James Tagg pointed out in a press release. 'The injunction is good news not only for Truphone but for every company trying to develop Internet-era services and for every consumer wanting freedom of choice and lower prices.

Sadly, because he was delivering the press release over a cell phone using VoIP it came out as:
 
...injunction...good...customer want...choice...(dialtone)

Re:VoIP

[Anonymous Coward]

at least it didn't come out as:
injunction... good...only for truphone... every consumer wanting freedom

Re:VoIP

[ErikBloodaxe]

That would be a T-Mobile cellphone.... Of course, voice quality across WiFi would be perfect! (-;

about 90% open source infrastructure

[Anonymous Coward]

Browsing the Truphone website I found their VoIP platform is about 90% open source: OpenSER, Asterisk, FreeSWITCH ... (see here). That's a great news for open source community, perhaps bad for telco vendors ...

Too bad it's still buggy....

[otis wildflower]

... I tried installing it on my E70, and it was pretty unpleasant.. Configuration was pretty easy (via SMS) but it grabbed hold of my Wifi and just would not let go.. Even when attaching from my home WEP AP (where I was reprompted for a password even though I'd configured it ages ago) it would keep failing to reach the SIP server and would just poll over and over and over, killing my battery. No way within the app that I could find to disable/enable it explicitly.

I love the idea, and maybe when the official stable is released I'll try again, but for now I'll keep hoping for official Skype on Series 60 3rd ed...

Re:Too bad it's still buggy....

[Tony Hoyle]

Try gizmo. Really nice... when you make a call you can select 'internet call' and it asks which AP to connect to and works seamlessly, then disconnects afterwards.

Re:Too bad it's still buggy....

[grpmiller]

Hi Otis, Sorry to hear you had some trouble setting up Truphone. The support team would be happy to answer any queries you have in detail should you wish to submit a support request wia the web site or email us at support@truphone.com. As Truphone is highly integrated within the phone and is designed to be "always on" the quick "all off" feature wasn't included at this stage but a couple of settings changes will change connections to manual. The "all off feature" will appear in the not too distant future. Truphone integrates with the AP's in the same way as other apps so it will not ask for a password where it is already set, only when setting up a new AP which has security. Using the WiFi connection will have some battery implications with the usual considerations (distance from AP etc). Please drop us a line if we can help. Regards, Gavin, Truphone Customer Service

A little off topic..

[nrgy]

You know with wireless internet becoming more and more widespread I can't help but think about something. Now this is my gamer side speaking but I wonder what will happen to cellphone companies the day the whole world becomes wireless. Think about it, I use TeamSpeak for chatting with people over the internet which like other voice chat software its free.

Now in a future where you have wireless connectivity available to all what is their to stop a company from releasing a small gadget like an iPhone minus the phone. Instead of a "PHONE" you just have a simple hand held device that accesses the internet, you then use this device with some free service like a TeamSpeak to chat with all your buddies. With this method all you are paying for is wireless internet access, if someone were to create a device like this and it caught on with people it could be a shakeup for the cell companies like how mp3's and internet are doing to the music industry atm. Just food for thought I guess.

Welcome to "The Convergence"

[Ungrounded Lightning]

Now in a future where you have wireless connectivity available to all what is their to stop a company from releasing a small gadget like an iPhone minus the phone. Instead of a "PHONE" you just have a simple hand held device that accesses the internet, you then use this device with some free service like a TeamSpeak to chat with all your buddies. With this method all you are paying for is wireless internet access, ...

Welcome to "The Convergence".

And the nightmare scenario for the old telcos, wired and wireless.

But to get there we need two things:

  - Companies providing wireless internet connectivity AND cellphone service must be prevented from blocking VoIP packets on the internet side of the service to force callers onto their extra-cost cellphone service.

  - Companies providing Public Switched Telephone Network (PSTN) service to those who haven't made the jump must be required to connect phone calls to/from PSTN/VoIP bridges.

It's not clear from the article which of these disconnects T-Mobile is forcing onto Truephone. But at least the courts are on the case (pun intended) and so far coming to the correct decisions.

Re: EU charges

[speardane]

Since in Europe, you're not responsible for the cost of incoming phone calls, this would render the calls in question totally free for the people making them. This is not true. It depends entirely on what price plan you are on. It can be expensive to receive calls when you are abroad within the EU (or Europe).

It can be even worse if they have an equipment failure - Orange ripped me off for GBP50 to receive a call for which the line dropped - that I was called back on later - billed as ~30 minutes continuous. I no longer use them! may they self-propagate - bitter fruit!