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Apple Answers the FCC’s Questions
Today Apple filed with the FCC the following answers to their
questions.
We are pleased to respond to the Wireless Telecommunications Bureau’s
inquiry dated July 31, 2009, requesting information regarding Apple’s
App Store and its application approval process. In order to give the
Bureau some context for our responses, we begin with some background
information about the iPhone and the App Store.
Apple’s goal is to provide our customers with the best possible user
experience. We have been able to do this by designing the hardware and
software in our products to work together seamlessly. The iPhone is a
great example of this. It has established a new standard for what a
mobile device can be–an integrated device with a phone, a full web
browser, HTML email, an iPod, and more, all delivered with Apple’s
revolutionary multi-touch user interface.
Apple then introduced something altogether new–the App Store–to give
consumers additional functionality and benefits from the iPhone’s
revolutionary technology. The App Store has been more successful than
anyone could have ever imagined. Today, just over a year since opening,
the App Store offers over 65,000 iPhone applications, and customers
have downloaded over 1.5 billion applications.
The App Store provides a frictionless distribution network that levels
the playing field for individual and large developers of mobile
applications. We provide every developer with the same software that we
use to create our own iPhone applications. The App Store offers an
innovative business model that allows developers to set their own price
and keep more (far more in most cases) of the revenue than traditional
business models. In little more than a year, we have raised the bar for
consumers’ rich mobile experience beyond what we or anyone else ever
imagined in both scale and quality. Apple’s innovation has also
fostered competition as other companies (e.g., Nokia, Microsoft, RIM,
Palm and Verizon) seek to develop their own mobile platforms and launch
their own application stores.
Apple works with network providers around the world so that iPhone
users have access to a cellular network. In the United States, we
struck a groundbreaking deal with AT&T in 2006 that gives Apple the
freedom to decide which software to make available for the iPhone. This
was an industry first.
We created an approval process that reviews every application submitted
to Apple for the App Store in order to protect consumer privacy,
safeguard children from inappropriate content, and avoid applications
that degrade the core experience of the iPhone. Some types of content
such as pornography are rejected outright from the App Store, while
others such as graphic combat scenes in action games may be approved
but with an appropriate age rating. Most rejections are based on bugs
found in the applications. When there is an issue, we try to provide
the developer with helpful feedback so they can modify the application
in order for us to approve it. 95% of applications are approved within
14 days of their submission.
We’re covering new ground and doing things that had never been done
before. Many of the issues we face are difficult and new, and while we
may make occasional mistakes, we try to learn from them and continually
improve.
In response to your specific questions, we would like to offer the
following:
Question 1. Why did Apple reject the Google Voice application for
iPhone and remove related third-party applications from its App
Store? In addition to Google Voice, which related third-party
applications were removed or have been rejected? Please provide
the specific name of each application and the contact
information for the developer.
Contrary to published reports, Apple has not rejected the Google
Voice application, and continues to study it. The application
has not been approved because, as submitted for review, it
appears to alter the iPhone’s distinctive user experience by
replacing the iPhone’s core mobile telephone functionality and
Apple user interface with its own user interface for telephone
calls, text messaging and voicemail. Apple spent a lot of time
and effort developing this distinct and innovative way to
seamlessly deliver core functionality of the iPhone. For
example, on an iPhone, the “Phone” icon that is always shown at
the bottom of the Home Screen launches Apple’s mobile telephone
application, providing access to Favorites, Recents, Contacts, a
Keypad, and Visual Voicemail. The Google Voice application
replaces Apple’s Visual Voicemail by routing calls through a
separate Google Voice telephone number that stores any
voicemail, preventing voicemail from being stored on the iPhone,
i.e., disabling Apple’s Visual Voicemail. Similarly, SMS text
messages are managed through the Google hub–replacing the
iPhone’s text messaging feature. In addition, the iPhone user’s
entire Contacts database is transferred to Google’s servers, and
we have yet to obtain any assurances from Google that this data
will only be used in appropriate ways. These factors present
several new issues and questions to us that we are still
pondering at this time.
The following applications also fall into this category.
+ Name: GVDialer / GVDialer Lite
Developer: MobileMax
info@mobile-mx.com
+ Name: VoiceCentral
Developer: Riverturn, Inc.
4819 Emperor Blvd., Suite 400
Durham, NC 27703
+ Name: GV Mobile / GV Mobile Free
Developer: Sean Kovacs
sean@seankovacs.com
We are continuing to study the Google Voice application and its
potential impact on the iPhone user experience. Google is of
course free to provide Google Voice on the iPhone as a web
application through Apple’s Safari browser, just as they do for
desktop PCs, or to provide its “Google-branded” user experience
on other phones, including Android-based phones, and let
consumers make their choices.
Question 2. Did Apple act alone, or in consultation with AT&T, in
deciding to reject the Google Voice application and related
applications? If the latter, please describe the communications
between Apple and AT&T in connection with the decision to reject
Google Voice. Are there any contractual conditions or
non-contractual understandings with AT&T that affected Apple’s
decision in this matter?
Apple is acting alone and has not consulted with AT&T about
whether or not to approve the Google Voice application. No
contractual conditions or non-contractual understandings with
AT&T have been a factor in Apple’s decision-making process in
this matter.
Question 3. Does AT&T have any role in the approval of iPhone
applications generally (or in certain cases)? If so, under what
circumstances, and what role does it play? What roles are
specified in the contractual provisions between Apple and AT&T
(or any non-contractual understandings) regarding the
consideration of particular iPhone applications?
Apple alone makes the final decisions to approve or not approve
iPhone applications.
There is a provision in Apple’s agreement with AT&T that
obligates Apple not to include functionality in any Apple phone
that enables a customer to use AT&T’s cellular network service
to originate or terminate a VoIP session without obtaining
AT&T’s permission. Apple honors this obligation, in addition to
respecting AT&T’s customer Terms of Service, which, for example,
prohibit an AT&T customer from using AT&T’s cellular service to
redirect a TV signal to an iPhone. From time to time, AT&T has
expressed concerns regarding network efficiency and potential
network congestion associated with certain applications, and
Apple takes such concerns into consideration.
Question 4. Please explain any differences between the Google Voice
iPhone application and any Voice over Internet Protocol (VoIP)
applications that Apple has approved for the iPhone. Are any of
the approved VoIP applications allowed to operate on AT&T’s 3G
network?
Apple does not know if there is a VoIP element in the way the
Google Voice application routes calls and messages, and whether
VoIP technology is used over the 3G network by the application.
Apple has approved numerous standard VoIP applications (such as
Skype, Nimbuzz and iCall) for use over WiFi, but not over AT&T’s
3G network.
Question 5. What other applications have been rejected for use on the
iPhone and for what reasons? Is there a list of prohibited
applications or of categories of applications that is provided
to potential vendors/developers? If so, is this posted on the
iTunes website or otherwise disclosed to consumers?
In a little more than a year, the App Store has grown to become
the world’s largest wireless applications store, with over
65,000 applications. We’ve rejected applications for a variety
of reasons. Most rejections are based on the application
containing quality issues or software bugs, while other
rejections involve protecting consumer privacy, safeguarding
children from inappropriate content, and avoiding applications
that degrade the core experience of the iPhone. Given the volume
and variety of technical issues, most of the review process is
consumed with quality issues and software bugs, and providing
feedback to developers so they can fix applications.
Applications that are fixed and resubmitted are approved.
The following is a list of representative applications that have
been rejected as originally submitted and their current status:
+ Twittelator, by Stone Design Corp., was initially rejected
because it crashed during loading, but the developer
subsequently fixed the application and it has been approved;
+ iLoveWiFi!, by iCloseBy LLC, was rejected because it used
undocumented application protocols (it has not been
resubmitted as of the date of this letter);
+ SlingPlayer Mobile, by Sling Media, was initially rejected
because redirecting a TV signal to an iPhone using AT&T’s
cellular network is prohibited by AT&T’s customer Terms of
Service, but the developer subsequently fixed the application
to use WiFi only and it has been approved; and
+ Lingerie Fantasy Video (Lite), by On The Go Girls, LLC, was
initially rejected because it displayed nudity and explicit
sexual content, but the developer subsequently fixed the
application and it has been approved with the use of a 17+ age
rating.
Apple provides explicit language in its agreement with iPhone
developers regarding prohibited categories of applications, for
example:
+ “Applications may be rejected if they contain content or
materials of any kind (text, graphics, images, photographs,
sounds, etc.) that in Apple’s reasonable judgment may be found
objectionable, for example, materials that may be considered
obscene, pornographic, or defamatory; and
+ Applications must not contain any malware, malicious or
harmful code, program, or other internal component (e.g.
computer viruses, trojan horses, `backdoors’) which could
damage, destroy, or adversely affect other software, firmware,
hardware, data, systems, services, or networks.”
And we also provide a reference library that can be accessed by
members of the iPhone Developer Program that lists helpful
information such as Best Practices and How To Get Started.
Question 6. What are the standards for considering and approving iPhone
applications? What is the approval process for such applications
(timing, reasons for rejection, appeal process, etc.)? What is
the percentage of applications that are rejected? What are the
major reasons for rejecting an application?
As discussed in the response to Question 5, Apple provides
guidelines to developers in our developer agreement as well as
on its web site regarding prohibited categories of applications.
These materials also contain numerous other provisions regarding
technical and legal requirements that applications must comply
with, and Apple uses these standards in considering whether or
not to approve applications.
Apple developed a comprehensive review process that looks at
every iPhone application that is submitted to Apple.
Applications and marketing text are submitted through a web
interface. Submitted applications undergo a rigorous review
process that tests for vulnerabilities such as software bugs,
instability on the iPhone platform, and the use of unauthorized
protocols. Applications are also reviewed to try to prevent
privacy issues, safeguard children from exposure to
inappropriate content, and avoid applications that degrade the
core experience of the iPhone. There are more than 40 full-time
trained reviewers, and at least two different reviewers study
each application so that the review process is applied
uniformly. Apple also established an App Store executive review
board that determines procedures and sets policy for the review
process, as well as reviews applications that are escalated to
the board because they raise new or complex issues. The review
board meets weekly and is comprised of senior management with
responsibilities for the App Store. 95% of applications are
approved within 14 days of being submitted.
If we find that an application has a problem, for example, a
software bug that crashes the application, we send the developer
a note describing the reason why the application will not be
approved as submitted. In many cases we are able to provide
specific guidance about how the developer can fix the
application. We also let them know they can contact the app
review team or technical support, or they can write to us for
further guidance.
Apple generally spends most of the review period making sure
that the applications function properly, and working with
developers to fix quality issues and software bugs in
applications. We receive about 8,500 new applications and
updates every week, and roughly 20% of them are not approved as
originally submitted. In little more than a year, we have
reviewed more than 200,000 applications and updates.
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