In a 13-page letter to the Federal Communications Commission Wednesday, the carrier again said that Google should play by the same rules as its telecom competitors. AT&T also took issue with the search giant’s claim that Google Voice restricts calls to certain rural areas to avoid the so-called traffic pumpers that route calls there to drive up charges.

“Contrary to the public pronouncements of Google and its allies, Google’s rural call blocking regime is not limited to Google simply blocking calls to ‘adult sex chat lines’ and ‘free’ conference calling services to avoid high access charges,” wrote AT&T’s senior vice president, Bob Quinn, in the letter to the FCC’s wireline bureau. “In fact, Google is blocking calls to, among others, an ambulance service, church, bank, law firm, automobile dealer, day spa, orchard, health clinic, tax preparation service, community center, eye doctor, tribal community college, school, residential consumers, a convent of Benedictine nuns, and the campaign office of a Member of the U.S. House of Representatives.”

My God. Google, the company whose business philosophy proudly proclaims “you can make money without doing evil,” blocking calls to small businesses? To Benedictine nuns? Don’t be evil?

Don’t be evil, my ass.

“We can now see the power of Internet-based applications providers to act as gatekeepers who can threaten the ‘free and open’ Internet,” Quinn continues. “Google’s double standard for ‘openness’–where Google does what it wants while other providers are subject to Commission regulations–is plainly inconsistent with the goal of preserving a ‘free and open’ Internet ecosystem.”

That established, Quinn goes in for the kill, arguing that the FCC should regulate the search giant not just on the wires, but on the Web as well.

“Google’s call blocking begs an even more important question that the Commission must consider as it evaluates whether to adopt rules regarding Internet openness,” he writes. “If the Commission is going to be a ’smart cop on the beat preserving a free and open Internet,’ then shouldn’t its ‘beat’ necessarily cover the entire Internet neighborhood, including Google? Indeed, if the Commission cannot stop Google from blocking disfavored telephone calls as Google contends, then how could the Commission ever stop Google from also blocking disfavored websites from appearing in the results of its search engine; or prohibit Google from blocking access to applications that compete with its own email, text messaging, cloud computing and other services; or otherwise prevent Google from abusing the gatekeeper control it wields over the Internet?”

An interesting question. And one for which Google (GOOG) is presumably already preparing a long-winded answer. This is far from over yet, and we’ll continue to go round and round until the FCC puts a stop to it.

Priced at about $36 per user per year, iNotes is cheaper than Google’s (GOOG) Apps Premier Edition offering, which costs about $50 per user per year. And while it might not offer as many bells and whistles (IBM’s 1GB of storage is significantly less than the 25GB that Google provides), IBM (IBM) claims it more than makes up for it in security, reliability and privacy.

“We run the world’s most mission critical systems for banks, telcos and utilities,” said Sean Poulley, IBM’s vice president of online collaboration services. “It’s fair to say we’re pretty trusted….Candidly, Google has shown itself to be weak….There is a world of difference between supporting a consumer-grade service and a business-grade service. We’re bringing business class services and support with mission critical reliability at a price lower than the competition.”

This according to RBC Capital Markets analyst Mike Abramsky, who in a research note today says all three are positioned for leadership in the “huge, nascent and underpenetrated” smartphone market. The smartphone, says Abramsky, is a uniquely transformational innovation in that it represents the convergence of four iconic technology markets–PC and computing, Internet, consumer electronics and wireless phones.

As interest in mobile email, mobile browsing and mobile applications grows, as handsets become more powerful and the networks on which they run improve, consumers will begin to bypassing PCs and the tethered Internet for the iPhone, the BlackBerry, the Pre and the mobile computing experience they offer. And that transition will create an enormous market opportunity for smartphone vendors like Apple (AAPL), RIM (RIMM) and Palm (PALM).

“Because of their convergence capabilities,” writes Abramsky, “we believe that smartphones possess the ability to capture users, revenues, market share and profits from not only the 1 billion unit+ per year handset market–but also from the PC market (300 million units per year), TVs (200 million units per year), personal media players (230 million units per year), digital cameras (125 million units per year), personal gaming devices (37 million units per year), portable navigation devices (32 million units per year) and other formerly discrete market segments.”

Bolstering his case, Abramsky adds, “At the end of calendar 2008, only 2.5% of the ~7 billion people in the world had smartphones and 24% had Internet access (only 8% are Internet subscribers, the difference being multi-user households and Internet cafes). A huge market opportunity for smartphones exists, given that globally there are 3.7 billion mobile phone subscribers, 2.5 billion consumer electronics users, 1.6 billion Internet users, and 1.1 billion PC users.” (Click on chart below to enlarge.)

Great news for Apple, RIM and Palm, which Abramsky sees as the market’s emerging leaders. And, as I noted earlier, great news for investor holding their shares. Says Abramsky: “We are raising our price targets on RIM from $100 to $150, on Apple from $190 to $250, and on Palm from $18 to $25, justified by increased market shares which, as visibility improves to the huge smartphone opportunity, offer upside to financials and potential multiple expansion.”

But in the end, the maker of the BlackBerry line of smart phones ended up licensing them anyway.

This morning, RIM said it will pay Visto $267.5 million to resolve the long-running patent dispute and purchase a license for the intellectual property at issue. The deal, expected to close next week, will end all lawsuits still in court, resolving an issue that, had it turned truly ugly, could have shut down RIM’s BlackBerry email service.

For free.

Which says quite a bit about the competitive pressures Microsoft (MSFT) is feeling right now, particularly from Google (GOOG), which first challenged Office two years ago and is now taking on Windows as well. “The fact that Microsoft is developing it at all is a response to Google,” said analyst Matt Rosoff of Directions On Microsoft. “This is a move that they probably wouldn’t have made if they didn’t have to, but there is enough competition bubbling up that they thought they needed a response.”

And a measured response that trumps Google’s offerings, which Office Web Apps will do on a few levels. First, it’s free of user-separation anxiety. Companies attached to Outlook, Word and whatnot will find in Office Web Apps the same familiar interfaces and functionality. No need to grudgingly replicate the Office experience as Google recently had to do with it Outlook synchronization tool for Apps, because Office Web Apps is Office.

Second, Microsoft’s approach offers enterprise an on-premises hosting option. Which means companies that aren’t comfortable running the suite on Microsoft’s remote data centers can run it on their own servers. And, as Gartner (IT) fellow Tom Austin notes, that could do much to distinguish it from Google Apps in the marketplace. “The hybrid hosting model removes a barrier to entry that Google cannot remove, so it is somewhat of a big thing,” Austin told Digital Daily.

“Interesting question is whether this hybrid hosting model is the Lockheed Prop-jet Electra of the era. Lockheed brought out a propjet at the same time Boeing and Douglas were coming out with turbojets (the 707 and DC-8 respectively). Boeing and Douglas won out, of course, but it didn’t help that the Electras had a problem with staying in the air….I am not saying that Microsoft Cloud-Office offering is a prop-jet Electra. I am saying firms will likely opt out of choosing the hybrid model because it’s less effective (like the electra).”

An interesting variation on the “membership drive” and one that’s gotten Tagged in hot water with New York Attorney General Andrew M. Cuomo, who intends to sue the company “for deceptive e-mail marketing practices and invasion of privacy.”

“This company stole the address books and identities of millions of people,” Cuomo said in a statement. “Consumers had their privacy invaded and were forced into the embarrassing position of having to apologize to all their e-mail contacts for Tagged’s unethical–and illegal–behavior. This very virulent form of spam is the online equivalent of breaking into a home, stealing address books and sending phony mail to all of an individual’s personal contacts. We would never accept this behavior in the real world, and we cannot accept it online.”

Tagged, for its part, claims this is all just a big misunderstanding. In a statement of its own, the company denied abusing its users’ personal address books, saying, essentially, it had their consent to do so.

“When our company tested a new registration process, we discovered that our ‘invite your friends’ language was confusing,” said Tagged CEO Greg Tseng. “…In no instance did Tagged access a person’s personal address book without their consent and no emails were sent without the person giving us permission. We realize that some were confused and accidentally agreed to invite their friends.”

Oh, and next time you register for a social network, be sure to read its Terms of Service–especially the portions that are presented in ALL CAPS. They might be important. From Tagged’s Terms of Service:

“E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TAGGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TAGGED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.”

It is an extraordinary market play. And an unsettling one. For it seeks to place Google (GOOG), which already collects vast amounts of data about our Internet use, at the very center of our information experience.

The privacy implications are, of course, horrendous. And while Google will inevitably dismiss such concerns as paranoid and argue that any data the company might collect at the OS level will be used only to improve its services and benefit users, it should still give us all pause. Because when it is finally launched, Chrome OS will be yet one more deep well of consumer data to which Google will have access.

There are already quite a few such wells, including Google Search and Chrome, that profile user interests and surfing habits: Gmail, which gives the company access to our email conversations, and Google Voice, which gives the company access to our spoken ones. Add to this Google Street View and Latitude, a service that tracks the physical location of its users, and mobile and desktop operating systems and, well…that kind of consolidation of Internet-based services around a single dominant company should give us all pause.

Lest we forget, Google is in the behavioral targeting business. Why would people ever use an OS developed by a company whose business is based on meticulously recording and analyzing their online behavior? Because they enjoy using its other services, I suppose. But there is a privacy-vs-ease-of-use tradeoff here. And with Chrome OS, it is unprecedented. Further, while Google might tout its “don’t be evil” motto as reason enough to trust the company with our data, there are other entities that don’t always share that sensibility. Remember, it wasn’t so long ago that the federal government tried to force Google to turn over user search data to the Justice Department…

“Competition in the OS market should always be welcome, but Google is the special case,” Marc Rotenberg, executive director of the Electronic Privacy Information Center, told Digital Daily. “It has become dominant across many essential Internet services–search, mail, video, online apps, and advertising. Coupled with Google’s growing profiles of American consumers and reluctance to adopt meaningful privacy safeguards, we expect that antitrust authorities in the US and Europe will view Google’s entry into the OS market with enormous skepticism.”

Jeff Chester, executive director of The Center for Digital Democracy, echoed Rotenberg’s concerns. “Google’s new OS has to be placed under the data collection X-Ray by US and EU privacy regulators and advocates,” he said. “Any expansion into the marketplace by either Google or Microsoft should generate intense scrutiny, especially for the privacy implications. These two are engaged in a global data collections digital arms race, which has far-reaching implications for consumers and their information.”

Seems that Google (GOOG) has finally realized that it wasn’t doing itself any favors in enterprise by essentially advertising Apps as an immature product suite. IT managers are easily spooked at the mention of the word “beta.”

“We’ve come to appreciate that the beta tag just doesn’t fit for large enterprises that aren’t keen to run their business on software that sounds like it’s still in the trial phase,” Matthew Glotzbach, Director of Product Management for Google Enterprise, wrote in a post to the company blog. “So we’ve focused our efforts on reaching our high bar for taking products out of beta, and all the applications in the Apps suite have now met that mark.”

That mark presumably being the point at which Google is ready to guarantee uptime and reliability to end users….

“According to complaints from many residents, Google’s English language search engine has spread large amounts of vulgar content that is lascivious and pornographic, seriously violating China’s relevant laws and regulations,” foreign ministry spokesman Qin Gang told a regularly scheduled news conference. “I’d like to stress that google.com, as an Internet enterprise providing services in China, should earnestly abide by Chinese laws and regulations.”

The disruption of Google (GOOG) services follows a widely criticized mandate from Beijing requiring all computers sold in the country to include Green Dam, an application designed to prevent citizens from viewing “offensive” content, which in the Chinese government’s case includes all manner of material. From a report by the Open Net Initiative, an academic consortium dedicated to the study of censorship and surveillance:

The version of the Green Dam software that we tested, when operating under its default settings, is far more intrusive than any other content control software we have reviewed. Not only does it block access to a wide range of web sites based on keywords and image processing, including porn, gaming, gay content, religious sites and political themes, it actively monitors individual computer behavior, such that a wide range of programs including word processing and email can be suddenly terminated if content algorithm detects inappropriate speech. The program installs components deep into the kernel of the computer operating system in order to enable this application layer monitoring. The operation of the software is highly unpredictable and disrupts computer activity far beyond the blocking of websites.

…The deeply intrusive nature of the software opens up several possibilities for use other than filtering material harmful to minors. With minor changes introduced through the auto-update feature, the architecture could be used for monitoring personal communications and Internet browsing behavior. Log files are currently recorded locally on the machine, including events and keywords that trigger filtering. The auto-update feature can used to change the scope and targeting of filtering without any notification to users.

In a year, Google Apps will be “night and day from what they are today.” That’s what Dave Girouard, president of Google’s (GOOG) Enterprise division, told attendees of the Bank of America and Merrill Lynch Technology Conference last week.

Today, we’ll likely find out whether that was truly a foretelling of things to come or more Google braggadocio. At an event in San Francisco, Google is expected to discuss the future of its productivity suite and some enhancements that may begin to close the gap with Microsoft (MSFT) Office, something the company desperately needs to do if it wants to make deeper inroads in the enterprise area.

As Girouard himself admitted last week, Apps still has a ways to go. “Gmail is really the best email application in the world for consumers or business users, and we can prove that very well,” he said. “Calendar is also very good, and probably almost at the level of Gmail. But the word processing, spreadsheets and other products are much less mature. They’re a couple of years old at the most, and we still have a lot of work to do.”

In a few hours we’ll learn just how much work has been done and how much is left. Join us for live coverage beginning at 10 a.m. PDT (1 p.m. EDT).

• The title of this morning’s presentation is “Google Apps: The Enterprise Cloud.” Presiding over it, Andrew Kovaks from Google’s cloud computing team and Dave Girouard, president of Google’s Enterprise division. According to the schedule provided, it will feature a CIO roundtable discussion as well as some new product demos.
• Girouard kicks things off with a quick overview of the business. Google is a 10-and-a-half-year-old company, he says, adding that Google Apps is about half as old as that. “We’re about five, five-and-a-half years into this initiative.”
• Girouard says the current recession has made cloud computing more urgent, more necessary. “This has been a really difficult environment. Everyone is feeling it and we need to respond…It’s important to invest in difficult times, especially during times when everything is telling you to cut back.” Great companies thrive during downturns, he notes, adding that Google is investing in Apps, because the company views it as an area the company can grow into for quite some time to come.
• Looking backwords for a moment, Girouard notes that this particular side of Google’s business was born out the company’s search app and then Gmail. Gmail, he adds, was initially conceived as an internal app before it was rolled out to the consumer market.
• A few interesting data points:

  –70 percent of the universities in the U.S. are in the process of outsourcing or moving their email to a cloud computing solution.

  –Google now has 1.75 million businesses on Google Apps.

  –It has more than 15 million active ursers.

  –Dozens of Apps customers with more than 1,000 employees.

• Increasingly, larger companies are moving to Google Apps. Among them, Genentech (DNA), the first large business to “go Google.” A Genentech rep is on hand to talk up the company’s experience which, obviously, was a positive one.

  Also, a recent advocate of Google Apps, Avago–the first company with over $1.5 billion in revenue to use Google Apps as a suite. “We save over $1.6 million a year using Google Apps,” says the Avago rep.

  Another recent Google App convert, Morgans Hotel Group, the proprietor of the Clift Hotel, at which this event is being held. The Clift rep says the platform has had a tremendous impact on the company already and it’s only just made the switch.

• So, why are companies adopting Google Apps? A few reasons: Radically lower costs, obviously. But also a steady stream of innovation. We haven’t exactly seen that from Google yet as I noted in the introduction, but presumably there will be some evidence of it on display later this morning.

  To be fair, Google did make a few additions to Apps last year–APIs and whatnot. Girouard offers Gmail offline and Secure Data Connector as examples of this. The company has made other smaller enhancements as well, such as extensibility features and enterprise Interoperability features.

• Interesting. Girouard says Google Apps often provides a 3X cost savings over other non-cloud solutions. He also says Google believes it has a more reliable product than most. The company is holding itself to that claim by being more transparent about downtime and service incidents. He notes the Apps Status Dashboard, which tracks up and downtime, as a move in this direction.
• “Failure is not an option,” says Girouard. His mandate to his team: There can be no failed deployments. Enterprise deployment and support must be streamlined and easy.
• All this is wonderful, but what’s the company got that is new today? Google Apps Sync for Microsoft Outlook for one thing. The App allows users to sync Outlook with Apps just like Outlook natively syncs with Exchange. Offers fast email sync with Google-native protocol, full calendar and contact sync, as well as global address autocomplete and search and free/busy information support.

  Google has essentially recreated the Outlook GUI within Apps. Seemless integration. Works offline. Same familiar Outlook experience. Use Gmail and outlook simultaneously. Everything is supported natively and, as the demoer notes, “your data is safe, it’s with Google.” Well, that’s one way to look at it.

  Google Apps Sync for Microsoft Outlook is available today as part of the company’s Premiere Apps. It’s available for Windows only and it is an enterprise-only service. It is, however, available for free to non-profits and educational institutions.

• A few quick case studies: Avago rep says this represents the “last hurdle” for users to get over migrating away form Exchange. The feedback we’ve gotten is that this looks “exactly the same” as Exchange. Genentech rep relates a similar experience. “It looks like a native Outlook experience. The average has no idea we switched out the back-end…We anticipate widepsread adoption.”
• Girouard: “I bet you never imagined you’d see Google demonstrating Outlook for you all, so this is a first.”
• Moving on now to the Q&A:
• Question: How much revenue flows through this?

  Girouard: Hundreds of millions of dollars…that’s as explicit as we’ll get.

• Q: How is the company dealing with Microsoft and its entrenchment in this particular sector?

  Long meandering answer that ends with this: The company has a new App Reseller program that it debuted in April. It will give it more feet on the street and expand the ecosystem. That’s a start, I suppose.

• Q: Is Outlook the only app that makes sense for this sort of sync, or is the company considering doing something similar with Excel and PowerPoint as well?

  Google’s clearly already put a lot of thought into this and expects to pursue it. That said, says Girouard: “We don’t view the world as you’ve got to get rid of Office and use Google Apps instead. We see it as more nuanced than that.”

• Q: Did the IT folks in the room have any concerns about Google’s commitment to these services?

  Apparently not. The Morgans Hotel rep says has has “no reservations about the future viability of the product.” Gmail’s been around for a while now, hasn’t it? Also, notes Avago guy: “Don’t be evil is one of Google’s core values…We’re taking them at their word.”

Interesting comment from Genentech rep amid remarks out mobile needs: “I can’t get Android phones fast enough for our folks.”

• Q: What areas are showstoppers for CIOs considering a migration to Google Apps? What services and apps do they absolutely need to retain control over?

  The Morgans Hotel rep says none. “We’re looking to move everything to the cloud.” The Avago and Genentech reps say pretty much the same thing. The Genentech rep: “Anything in the cloud is fine by us.”

• Q: What areas can developers play in without being crushed by Google?

  Giouard says there are many. “We’re going to have a very large installed base of Google Apps users and there’s a great opportunity here for developers to sell into that…We are really opening up the stack to the developer world and that’s going to be great for our business customers.”

• Q for Genentech rep: At what point will you shut down Outlook?

  “I don’t see us shutting it down any time in the near future, but we hope that the number of Outlook users shrinks as our employees see the benefits of the Web and Google Apps.”

• Asked for his feelings on companies that use the term “cloud computing” to peddle non-cloud computing services, Giouard replies: IT giants have co-opted the cloud computing term.

Making New Yahoo! Homepages Your Own
 
We recognize that for many of you around the world, the Yahoo! homepage — whether you’re seeing it on a computer or a mobile device – is Yahoo!. And we know you all have vastly different interests and “must-see” places you navigate to online. We can make our homepage better reflect this reality and, as many of you know, we’ve been hard at work on improving both our mobile and Web homepages.
 
What’s new, you ask?
We recently made the new Yahoo! Mobile (http://m.yahoo.com) available on the mobile Web across more than 300 devices and as an Apple iPhone app — both are available in eight countries, with more launching soon. We’ve moved out of beta and are in the process of rolling it out as our default mobile homepage.
 
Like the PC homepage we’re testing, Yahoo! Mobile has a more feature-rich design, letting you bring together your favorite content and services from across the Web, making it more personally relevant. For example, my experience is customized with my Yahoo! Mail, Facebook, Twitter and Yahoo! Messenger accounts, as well as my various stocks, favorite blog feeds, and weather from my favorite cities. The beauty of it is that you can customize the experience to exactly what you want and add anything to the page.
 
As for the Web, we recently started testing some new designs based on your feedback. We recognize that many of you like your homepage just the way it is, thank-you-very-much, so the overall look and feel of the page will be familiar. But take a closer look, and you’ll see that we’ve made some fundamental improvements and packed in features that are easy to use and easy to make your own — things you have told us you want.
 
The “My Favorites” area on the left side of the page includes an applications “dashboard” with the ability to preview, interact with or navigate to your favorite sites — whether they’re on Yahoo! or elsewhere on the Web. It’s all fully customizable.
 
Here’s some of what’s new and cool:

• Lots more apps: We’re testing a growing library of apps that let you get more done without leaving the page. Some of these apps include eBay and MySpace, and content sites like USA Today and NPR. We also have newly developed apps for popular Yahoo! services like Messenger, Movies and Flickr.
• Social pulse: A new Yahoo! Updates app lets you keep up with your friends’ online activities directly on the homepage — such as a recently Buzzed article or a video uploaded to YouTube.
• Easier email: We’ve separated your individual email accounts as distinct apps, rather than a combined inbox, so that it’s faster and easier to get to the exact mail you want. This was a request we heard repeatedly during testing.

Global mobile handset sales fell at a record pace in the first quarter of 2009. And they’re likely to do so once again in the second. That’s the grim news today from Gartner, which reports that first-quarter sales of handsets fell to 269 million units, down 14.5 percent from the fourth quarter of 2008 and 9.4 percent from a year earlier.

“There were some signs of a recovery in markets such as North America and China, but overall sales in the first quarter of 2009 registered the biggest quarter-on-quarter contraction since Gartner began monitoring the market on a quarterly basis in 2001,” said Gartner research director Carolina Milanesi. “We really don’t see demand stabilizing before the second half of 2010.”

Demand for low-end mobile phones, that is. Smart phones are doing just fine. Their sales rose 12.7 percent to 36 million units. That’s 13.5 percent of all mobile devices sold in the first quarter, up from 11 percent a year earlier. The chief beneficiaries of this trend: Apple (AAPL) and Research in Motion (RIMM).

Apple doubled its share of the smart phone market in the first quarter of 2009, nabbing 10.8 percent of worldwide sales, up from 5.3 percent in the first quarter of 2008. The company sold 3.9 million iPhones during Q1 2009, more than double the 1.7 million it sold in the first quarter of 2008. Meanwhile, RIM’s share of the smart phone market reached 19.9 percent in the first quarter, up from 13.3 per cent a year earlier. It sold 7.2 million BlackBerry devices to end users, up from 4.3 million in the same period a year earlier.

Incidentally, Nokia (NOK) remains the market leader in smart phones and handsets overall, though its share in both is declining. The company claimed 36.2 percent of the handset market in the first quarter of 2009, down from 39.1 percent in the first quarter of 2008. Its share of the smart phone market dropped to 41.2 percent from 45.1 percent during the same period.

How is it that smart phone makers like Apple and RIM are defying a downturn that’s playing havoc with their dumbphone-manufacturing colleagues? Touchscreens and app stores.

Said Gartner analyst Roberta Cozza: “Much of the smartphone growth during the first quarter of 2009 was driven by touchscreen products, both in midtier and high-end devices. ‘Touch for the sake of touch’ was enough of a driver in the midtier space, but tighter integration with applications and services around music, mobile email, and Internet browsing made the difference at the high end of the market.”

Good news for Palm (PALM), which is bringing a device that fits that bill to market on June 6.