Technology neutrality also ensures a level playing field in the market for location-based services. It would be unfair to subject service providers to different regulatory schemes because of the technology employed. If one provider were subject to regulations while another is not, the unregulated provider could gain an unfair competitive advantage. The market should select the best location-based services free of any disparity imposed by inconsistent regulation. It is in the interest of both consumers and the wireless location industry to issue clear guidelines implementing the strong privacy protections afforded by section 222 in a technology neutral fashion.
Location information presents unique risks to privacy and potential for other forms of harm.
Wireless location information is governed by separate statutory language. For these reasons the FCC should act on CTIA's petition and commence a separate rulemaking.