Google has asked the Federal Communications Commission to verify Verizon’s intent to fully honor the FCC’s open-access rule before issuing licenses to the wireless carrier for its winning auction bids in the C block of the 700-MHz spectrum. Failure to do so now will only foster uncertainty and delay, rather than innovation and investment, Google’s petition warns.
“Action now is especially necessary given the long lead time typically required for software applications developers and device manufacturers to design, develop and deploy their products to the public, as well as the uncertainty Verizon has introduced publicly regarding its compliance with the open-access obligations,” Google’s attorneys explained.
Verizon’s ‘Two-Door’ Stand
In testimony before Congress last month, FCC Chairman Kevin Martin reaffirmed the intent of the open-access rule governing one-third of the spectrum offered during the FCC’s auction.
“Consumers will be able to use the wireless device of their choice on those networks and download whatever legal software or applications they choose onto it,” Martin told the House Committee on Energy and Commerce. “It will spur the next phase of wireless broadband innovation — innovation that can make us more productive, keep us entertained, and improve our quality of life.”
However, Google is clearly worried that Verizon may have other plans. Google’s petition cites a letter that Verizon reportedly submitted to FCC secretary Marlene Dortch in September that stakes out an entirely different position.
“The commission should not force C Block licensees to allow any and all lawful applications to be downloaded to any devices that licensees provide, including devices that are not configured to accommodate any and all applications,” Verizon’s letter said.
If allowed to stand, Verizon’s position would reverse the meaning of the rule in such a way that the open-access condition would apply to none of Verizon’s customers, Google’s lawyers maintained.
“The commission will…