AT&T won’t charge for FaceTime over 3G, but will require shared data (Updated)

Though the requirement may run afoul of FCC rules.

Jacqui Cheng – Aug 17, 2012 10:15 PM | 120

Credit: Apple

AT&T technically won't charge extra to use FaceTime over 3G or EDGE after all, according to a statement issued on Friday. Not everyone will be able to start video chatting with other iOS and Mac users for free, though—the company plans to require FaceTime aficionados to pay for a "Mobile Share" data plan if they want to make video calls over the cell network.

"AT&T will offer FaceTime over Cellular as an added benefit of our new Mobile Share data plans, which were created to meet customers’ growing data needs at a great value," the company said on Friday afternoon. "With Mobile Share, the more data you use, the more you save. FaceTime will continue to be available over Wi-Fi for all our customers."

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The Mobile Share data plan is AT&T's version of a shared data pool that can be used across multiple devices on the same account. But when we covered AT&T's plans in July, we noted that the savings were not that great for many users—particularly a solo tablet-and-smartphone user, such as many of us here at Ars. If you don't have family or a significant other with devices to share data with, then it doesn't make much sense to subscribe to the Mobile Share data plan—as such, you may not be able to use FaceTime over 3G after all unless you decide to change up your plan.

When we polled Ars readers last month on whether they'd be willing to pay extra for the feature, 89 percent said "no way." Indeed, even though AT&T says it's not charging extra for FaceTime-over-3G service, it will cost more for many users if they want to make use of it. For what it's worth, Sprint has stated publicly that it won't charge extra, though Verizon has remained mum on the subject.

AT&T's scheme to allow only shared data plan customers to use FaceTime over cellular connections could run afoul of FCC's net neutrality rules. Blocking FaceTime over 3G for some users could be seen as "unreasonable discrimination," according to John Bergmayer, Senior Staff Attorney at Public Knowledge.

"By blocking FaceTime for many of its customers, AT&T is violating the FCC's Open Internet rules," Bergmayer said in a statement. "These rules state that mobile providers shall not 'block applications that compete with the provider's voice or video telephony services.' Although carriers are permitted to engage in 'reasonable network management,' there is no technical reason why one data plan should be able to access FaceTime, and another not."

It should be noted that mobile network operators have much more latitude in blocking certain apps or network uses than fixed, wireline ISPs. But limiting FaceTime only to customers that opt for more expensive, shared data plans appears as though it would fall outside "reasonable network management."

AT&T insists its requirement does not break any FCC rules, however. "FaceTime is available to all of our customers today over Wi-Fi," an AT&T spokesperson told Ars. "And we're now expanding its availability even further as an added benefit of our new Mobile Share data plans."