The lie about being competitive
It's relatively easy for those players to endorse what I would call a vague and toothless Net neutrality policy for the wired Internet, but it's clear from their own words that they have no interest in a wireless Internet that is open to all comers and fair to the consumers who pay for wireless services. (Quotes from the declaration are indented.)
Because of the unique technical and operational characteristics of wireless networks, and the competitive and still-developing nature of wireless broadband services, only the transparency principle would apply to wireless broadband at this time.
Competitive? "The wireless industry says it is competitive, and because it is competitive there is no need for regulation," says a senior regulator at the California Public Utilities Commission. "But the issue is not about competition, it is about practices the industry engages in, which are inherently anti-consumer." (Name withheld because the regulator was not authorized to speak for the commission.)
"If the wireless companies are so competitive, why do they often engage in exactly the same practices?" the regulator asks. All the major carriers lock their phones to keep subscribers from bringing them to a new provider, something you rarely find in Europe, and all, or nearly all, charge high early-termination fees to keep subscribers from jumping ship. "Those are anticompetitive practices," the regulator says.
The lie about quality of service
Then, of course, there's the question of quality of service, or more aptly, the lack of quality that we've all experienced. States are empowered to investigate those issues under current law, but they almost never do. (Look how Congress recently made noise about Apple's exclusivity deal with network-challenged AT&T, then quietly backed away. Or how it took bloggers, the news media, and European governments to pressure Apple to do something about the iPhone 4's antenna flaws, as U.S. and state regulators were silent.)
The lobbying clout of the wireless industry keeps regulators, many of whom would like to do a better job, under the thumb of politically appointed bosses who owe loyalty to the industry, not consumers.
The FCC would enforce the consumer protection and nondiscrimination requirements through case-by-case adjudication, but would have no rule-making authority with respect to those provisions.