Judgment on December 9, 2008: the FCC has not yet taken any such action, and as such this prediction is judged at 0%. -- The Industry Standard

Update: This prediction has been updated with a judgment deadline of December 1, 2008.

Sprint launched their anticipated XOHM service in Baltimore this week. The open-access internet service sets the precedent for WiMax networking in America but faces much scrutiny. Sprint’s language in their network management policy suggests restriction of bandwith levels and data usage. We recently saw similar throttling denounced by the FCC in their ruling against Comcast.

The language is rather vague and some public-interest organizations are requesting full disclosure of  the “tools and techniques designed to limit the bandwith” Sprint will implement to limit users.

The FCC will be meeting on October 15 to review Sprint’s proposal to vacate airwaves for security uses. Perhaps they will address their suspicion of throttling as well?

Prediction: FCC will rule that the methods do violate the commission’s Internet Access Policy. The ruling must include a decision to regulate and/or penalize the company to some degree.  Judgement will occur on or before December 1, 2008.