Specifically, the commissioners said that common carrier rules did not apply to wireless data providers because the FCC currently classifies them as a Title I information services that are not subject to FCC regulations over issues such as rate setting and universal service obligations. This is in contrast to wireline and wireless telephone services, which are classified as Title II telecommunications services that are subject to common carrier rules. Both commissioners have made similar arguments in their opposition to the recently passed network neutrality regulations for wireline broadband carriers.

"I understand the importance of data roaming," Baker said. "But I cannot support this order for a fundamental reason: In imposing these data roaming obligations on mobile broadband services, we exceed our authority and impose rules of common carriage that are impermissible under our statute."

Wireless carriers Verizon and MetroPCS have challenged the FCC's legal authority to impose common carrier restrictions on data networks. Those lawsuits came in response to the FCC passing net neutrality rules late last year that were similar to the joint proposal that Google and Verizon unveiled last summer that imposed net neutrality on wireline broadband while leaving wireless broadband mostly alone. So while the FCC's order mandates that wireline broadband providers are not allowed to "block lawful content, , services or non-harmful devices, subject to reasonable ," wireless providers are only barred from blocking content or applications that directly compete with their own voice or video telephony services.

in Network World's Data Center section.