Posts about google

The German war against the link

German publishers are not just fighting Google. They are fighting the link and thus the essence of the internet.

Half the major publishers in Germany have started a process of arbitration — which, no doubt, will lead to suits — to demand that Google pay them for quoting from and thus linking to their content. And now we know how much they think they deserve: 11% of Google’s revenue related to their snippets. From their government filing, they want a cut of “gross sales, including foreign sales” that come “directly and indirectly from making excerpts from online newspapers and magazines public.” [All these links are in German.]

Their demands are as absurd as they are cynical and dangerous. First, of course, Google is sending the publishers plenty of value as well. That is, Google is sending the publishers us: readers, customers, the public these news organizations allegedly want to serve. So what are we, chopped liver? I’ll be posting an essay soon that argues that one reason media have a problem building new digital business models is that we still think value is intrinsic only in content; we have no marketplace and metrics for valuing the creation of an audience for it (now that those functions are unbundled). If the publishers really want a fair exchange of value, then they should also be paying Google for the links — the readers — it sends their way. But, of course, that would create a moral hazard and corrupt search; that Google does not charge for placement in search and Google News is precisely what set it apart from predecessors and built a valuable and trusted service.

Google is never going to pay for the right to quote and link to content. That would ruin not only its business but also the infrastructure of knowledge online. If we can find only the knowledge that pays to be found, then the net turns into … oh, I don’t know, a newsstand?

The publishers aren’t stupid. They realize these facts. That’s what makes their action so cynical. They are trying to blackmail net companies in hopes of getting some payoff from them. They’re not just going after Google but also Microsoft and Yahoo — though, interestingly, if a company has only a search engine, the publishers would charge them only a third of their tariff. That is to say, they want to go after the big net companies because they are big targets.

Earlier this month, I spoke at a Google Big Tent event in Berlin (Google paid my travel expenses; I do not accept other payment from Google) where a conservative member of parliament, Dorothee Bär, had the admirable guts to criticize these mostly conservative publishers for their efforts, telling them that she opposed passage of the law that is allowing this nonsense — a Leistungschutzrecht or ancillary copyright — and also warning them that a failing business model is no excuse to run to government begging for regulation. You’d think conservatives would agree about that. But that, again, is what makes the publishers’ campaign so cynical.

Note, by the way, that Google does not place advertising on Google News. Are the publishers seeking 11% of 0? Note as well that there is data to say that longer samples of content could end up sending *more* traffic to creators (more on that, too, in a later post). These are facts that will need to be discussed in any suits.

Add all this to other attacks on Google by German media and politics against Google: the Verpixelungsrecht — right to be pixelated — in Google Street View and calls by German politicians to break up Google. Add to that as well the recent European court decision upholding a right to be forgotten and requiring Google to take down links to content that subjects don’t like.

And I worry about the net. I worry about Europe and especially Germany about their efforts to protect the past. I’ll likely write more about that as well later.

But, of course, these warriors do not speak for all of Germany or all of Europe. The instigators of the war include Axel Springer, Burda, WAZ, the Müncher Merkur, and others. But other major publishers — Spiegel Online, Handelsblatt.com, FAZ.net, Stern.de, Sueddeutsche.de and [cough] the new German edition of Huffington Post — have not joined the war. And there are politicians such as Bär and outgoing vice president of the European Commission Neelie Kroes who have the courage to defend the future. Here is Kroes the other day responding to strikes across Europe protesting the arrival of Über:

The debate about taxi apps is really a debate about the wider sharing economy. That debate forces us to think about the disruptive effects of digital technology and the need for entrepreneurs in our society. . . .

Whether it is about cabs, accommodation, music, flights, the news or whatever. The fact is that digital technology is changing many aspects of our lives. We cannot address these challenges by ignoring them, by going on strike, or by trying to ban these innovations out of existence. . . .

I believe it is a fundamental truth that Europe needs more entrepreneurs: people who will shake and wake us and create jobs and growth in the process.

We also need services that are designed around consumers. The old way of creating services and regulations around producers doesn’t work anymore. They must have a voice, but if you design systems around producers it means more rules and laws (that people say they don’t want) and those laws become quickly out of date, and privilege the groups that were the best political lobbyists when the law was written.

That is old-fashioned compared to a system that helps all of us as consumers, and encourages entrepreneurs. We need both those elements in our economy; otherwise we will be outpaced to our East and our West. We’ll be known as the place that used to be the future, but instead has become the world’s tourism playground and nursing home. I don’t want Europe to have that future. . . .

More generally, the job of the law is not to lie to you and tell you that everything will always be comfortable or that tomorrow will be the same as today. It won’t. Not only that, it will be worse for you and your children if we pretend we don’t have to change. If we don’t think together about how to benefit from these changes and these new technologies, we will all suffer. . . .

The right to remember, damnit

A reporter asked me for reaction to news that Google has put up a form to meet a European court’s insane and dangerous ruling and allow people to demand that links to content they don’t like about themselves be taken down. Here’s what I said:

This is a most troubling event for speech, the web, and Europe.

The court has trampled the free-speech rights not only of Google but of the sites — and speakers — to which it links.

The court has undertaken to control knowledge — to erase what is already known — which in concept is offensive to an open and modern society and in history is a device used by tyrannies; one would have hoped that European jurists of all people would have recognized the danger of that precedent.

The court has undermined the very structure of Sir Tim Berners-Lee’s invention, the link — the underpinning of the web itself — by making now Google (and next perhaps any of us) liable just for linking to information. Will newspapers be forced to erase what they link to or quote? Will libraries be forced to take metaphoric cards out of their catalogs?

The court has, ironically, made Google only more powerful, making it the adjudicator of what information should and should not be found. The court has also given Google ludicrous parameters — e.g., having to decide what is relevant to what; relevant to whom; relevant in what context?

We don’t know how this order will be implemented by the various search engines. One question is what right of notice and appeal a delinked site will have.

If this process is public, as it should be, then doesn’t that have the potential to bring even more attention to the information in dispute? Another question is whether content will be made invisible in Europe but will still be visible — as I hope it will be — in the rest of the world, where the European court has no authority. Will this then allow others to compare search results and make the banned information only more visible? In the end, has the court assured a Streisand effect — or, as the comedian John Oliver said on his HBO show, the one thing that is known about the Spaniard who brought this case is the thing that he does not want known.

Further, what of search engines and sites that have no European offices and thus the court has no authority over them? If they refuse to delink on demand will the court ban these sites for European view?

Finally, I am concerned about the additive effect of this ruling on Europe’s reputation as technophobic or anti-American. Add to this especially various actions in Germany — government officials demanding a “Verpixelungsrecht” (a right to be pixelated) in Google Street View despite the fact that these are images taken of public views in public places; German publishers ganging up on Google to strongarm politicians into passing a law limiting the quoting of snippets of content and now threatening to break up Google — in addition to similarly head-scratching moves in France, Italy, and elsewhere. Is Europe a place where any technology company or investor will choose to work?

You ask about Eric Schmidt and David Drummond cochairing the advisory committee. That is a clear indication of how profound and dangerous this situation is in Google’s view. It so happens I was in Mountain View two weeks ago speaking to the all-hands meeting of Google’s privacy teams and I can tell you they were shocked at the ruling. I also said much of what I’ve said to you there. I am appalled by this ruling. [As a matter of disclosure, Google paid my travel expenses but I have no business relationship with Google.]

Past the page

Watch this video and be astounded by what you can do with questions and answers, orders and actions, curiosities and information in voice using “OK, Google” (or, if you prefer, as I do, “OK, Jarvis”).

Now think about the diminished role of the page and what that will do to media. We publishers found ourselves unbundled online, so we shifted from selling people entire publications to trying to get them to come to just a page — any page — and then another page on the web, lingering long enough to shove one more ad at their eyeballs.

But just as the web disintermediated physical media, voice disintermediates the page. But media still depend on the page as their atomic unit, carrying their content, brand, ownership, and revenue. Now, when you want to know the score of the Jets game — if you dare — you don’t need to go to ESPN and find the page, you just say, “OK, Google. What’s the Jets score?” And the nice lady will tell you the bad news.

Now let’s go farther — because that’s what I live to do. Let’s also disintermediate the device. There’s nothing to say that you need to speak to your device to do this as long as you can get your question to Google in the cloud. So imagine that you carry with you a transponder that broadcasts your identity — it could be a phone or Google Glass or a watch or just a card in your wallet, if you still need a wallet — so that when you walk into a connected room, you can simply say out loud, “OK, Google,” and ask your question and you’ll get an answer from whatever device happens to be listening. You can be in a rental car that knows you’re you and tell Google to add a calendar item or make a phone call or look up a fact and you’ll not have to see a single page. Star Trek didn’t navigate the universe through pages.

So there’s the next kick in the kidneys to old media. There’s another reason to build relationships with people so we can be their agents of information rather than just manufacturers of pages filled with content. Page? Content? What’s that?

Attention v. relationship economy

Oddly, Google chief economist Hal Varian analyzes newspapers‘ problems and prescribes solutions strictly from an old-media perspective — based on attention to marketing messages — rather than an internet (namely, Google) perspective of relevance and relationships.

In a speech to Italian journalists, Varian says that “the basic economic problem facing news is increased competition for attention” and that newspapers must use such tricks as tablets and dayparts to get people to spend more leisure time with news so they can show them more ads (ignoring, for one thing, the fact that advertising abundance — championed by Google — lowers advertising prices and takes from newspapers the pricing power they once had). “The fundamental challenge facing newspapers is to increase the time people spend on their content,” Varian says. “More time reading the newspaper online translates into more online ad revenue.”

I couldn’t disagree more. Pardon me for suggesting to a Googler that we would be better off asking, what would Google do?

Google reinvented the advertising model, moving past attention as a proxy for intent (“if they see my ad I can convince them to buy my product”) and placement as a substitute for relevance (“men read the sports section and men buy tires, ergo we will advertise our tires in the sports section”). Google also killed the beloved myth of mass media that supported it for a century: All readers see all ads so we charge all advertisers for all readers. Google understands that users have variable value that is increased the closer it can get to delivering relevance and intuiting intent through signals — search, location, context, behavior as well as consuming content — which come from having a relationship of mutual value with the user.

The last thing newspapers should do is continue to try to shovel their old relationships, forms, and models into a new reality. No, don’t just sell space for messages to advertisers (for they’ll soon wake up and realize the pointlessness of the exercise). Don’t try to recreate old forms in new devices like tablets. Don’t measure the value of relationship as page views or time spent. Don’t think your primary value is manufacturing content that you then try to sell.

Newspapers and other former media outlets should become — as Google is — services that still inform — that is their core value — but now can use their own signals to learn about and return relevance to people as individuals and communities rather than masses, thus deriving greater value in the transaction.

For example, through my use of its Maps, Google knows where I live and work. My local newspaper doesn’t. When I ask for “pizza” in search, Google doesn’t give me a hundred archived articles with the word “pizza” in them but gives me the nearest pizza (soon, I hope, the best pizza, the pizza I’d most likely enjoy, the pizza my friends like with ever crisper relevance … and crusts). If my newspaper knew where I lived and worked — if it gave me reason to reveal that — it could target content to me the way it already tries to target ads. Why does *every* newspaper site still treat its home page as a one-size-fits-all print page when it could prioritize news that might be more relevant to me?

The reason: because newspapers still believe in the myth of mass media; they want to hope that with enough time you will look at all the pages they make and all the ads on them. That is the old attention-based media model Varian still recommends. This is also why newspapers continue to sell advertisers space for messages when instead they should be helping those merchants build better relationships with customers. But first, newspapers have to learn how to build relationships themselves.

That is the lesson Google teaches us. That is the new media market Google, more than anyone, created.

First, the good news

First, listen to this superb and profoundly disturbing segment by On the Media producer Sarah Abdurrahman about how she and her husband and other guests at a Canadian wedding were detained and mistreated at the U.S. border crossings in spite of their citizenship — American — and because of their religion — Islam.

Welcome back. I told you it well done, didn’t I? I’d be screaming bloody murder at such treatment but Abdurrahman kept her journalistic cool and curiosity, trying to get the facts and understand our rights, asking questions, in spite of never getting answers. People have been saying lately that Verizon picked on the wrong person in me. Well, U.S. Customs and Border Protection could not have picked a worse person to detain: a smart, accomplished journalist with an audience.

I would hope that CBP is humiliated by this and will change, but our government isn’t humiliated by spying on the entire damned world and won’t change that, so I’ll give up my hope. Nonetheless, this story is the perfect bookend to the Guardian’s reporting on the NSA, showing a government that is out of control — because its citizens can no longer control it. Well done, OtM. Thank you, Sarah.

Now the bad news. Next came a story that did have me shouting at the radio as geographer Jim Thatcher condemned major tech companies with broad brush — without specifics, without evidence or proof, only with innuendo — for the possibility they could be redlining the world and diverting users away from certain areas. “It’s hidden what they’re doing,” he said. If it’s hidden, then how does he know they’re doing it? Not said. Microsoft had a patent that could do things like this but Thatcher acknowledged that “Microsoft may or may not” every use it. They could.

Brooke Gladstone laments Google’s purchase of Waze for $1.3 million because “we are being sold for our data, it’s an old story.” No, I was using Waze at the very moment I heard that because (1) I get data of great value back, helping me avoid not opium dens but traffic jams and (2) I generously want to share my data with others who have generously shared theirs with me. This is an example of a platform that does precisely what news organizations should do: help the public share its information with each other, without gatekeepers.

Next, Thatcher says with emphasis that “theoretically” Google could charge coffee shops for directing us to one over another. Then Thatcher acknowledges that it’s not happening. It could. And he dollops on a cherry of fear about technology and “for-profit” corporations.

Don’t you smell the irony in the oven, OtM? You properly and brilliantly condemn the CBP for detaining Americans because they are Muslims and because Muslims could do terrorism even when they don’t. Then, in the very next segment, you turn around and needlessly condemn technology companies because they could do things some guy imagines even though he admits they don’t.

Those are two sides of the same phenomenon: moral panic, the unsubstantiated suspicion that some apparently alien entity — Muslims or (OMG!) for-profit technology companies — could upset the social order, a fear often fanned by media.

Put down the fan, OtM, and learn the lesson from Abdurrahman’s superb story that your role — you of all media outlets — is to throw cold water on such unwarranted fright-mongering.

Mind you, these two segments were surrounded by two more very good reports: one that gives us a guide for what to ignore in breaking news (so as not to fan flames) and another about how — surprise, surprise, surprise — technology can lead to good ends. I remain a fan and loyal listener of OtM. And that is why I humbly offer you a map to guide you away from a dodgy neighborhood called technopanic.

Verizon responds, and so do I

I just received a letter from Verizon’s VP and associate general counsel, William H. Johnson, to the acting head of the FCC Enforcement Bureau, Robert Ratcliffe, responding to my Nexus 7 complaint. I will respond below. First, Verizon’s stand:

In a letter to the Enforcement Bureau, Jeff Jarvis alleges that Verizon Wireless is violating its C Block obligations by declining to activate Mr. Jarvis’s Google Nexus 7 LTE tablet on its network. Verizon Wireless takes seriously its C Block obligations, and, as explained below, it is fully complying with them, including with respect to the device in question.

The Google Nexus 7 is a new tablet developed by Google. Google announced in July that this tablet will run on the Verizon Wireless network. The manufacturer of the Nexus 7 subsequently submitted the device for our certification process in August, and that process has proceeded apace. In fact, we expect final certification of the device will come shortly. Once the device is certified, we will work with Google to enable the device to be activated on our 4G LTE network within a matter of days.

Verizon Wireless’s certification process is fully consistent with the Commission’s C Block rules. Those rules require Verizon Wireless to allow customers to use their choice of devices, but they also recognize that this obligation only applies in the case of devices that comply with the provider’s published technical standards. See 47 C.F.R. § 27.16(b). The Commission recognized that providers may “use their own certification standards and processes to approve use of devices and applications on their networks so long as those standards are confined to reasonable network management,” and the Commission allowed providers flexibility in implementing these standards and processes.1 Verizon’s certification process for third-party devices like the Google Nexus 7 is a straightforward way to ensure that devices attached to the Verizon Wireless network do not harm the network or other users. Although Verizon Wireless uses one of the most rigorous testing protocols of any carrier, the process generally takes only between four and six weeks. Certification is done by third party labs approved by Verizon Wireless, and selected by the device manufacturer. Over the years, Verizon Wireless has certified hundreds of devices; information on the certification process is available to anyone at www.opennetwork.verizonwireless.com.

Verizon is committed to ensuring our customers have the best overall experience when any device becomes available on the nation’s most reliable network. Please let us know if you have any further questions on this matter.

In a letter I will shortly send to the FCC, I will ask: What is the definition of “open”? What is the definition of the Block C requirement that allows “customers to use the devices and applications of their choice”?

The industry definitions of openness and consumer choice across GSM carriers all around the world is quite clear: I take a device to Germany, say, buy a SIM, put it in the device, and if the frequencies of the antennae match, then it will work. Full stop. This works because there is an open standard that governs the process, not a closed “certification” process.

The Nexus 7 clearly has met these open standards. It has been approved by the FCC. It works on the networks of AT&T, T-Mobile, and GSM carriers around the world — any one of whom has much, much more experience with GSM than Verizon. As I and others have demonstrated, the Nexus 7 *does* work on Verizon’s network.

That is not the issue. The issue is that Verizon refuses to give me the immediate opportunity — using a device of my choice on an open network — to receive a SIM and add it to my shared data plan. As I noted in my complaint, Verizon agents used this as an opportunity to try to sell me Verizon tablets. That is a consumer issue.

That is in direct contravention of the spirit and letter both of the Block C requirements and the FCC consent decree of July 2012 against Verizon demanding openness and consumer choice on the network.

I continue to ask the FCC to bring clarity to this matter and to assure that Verizon will operate an open network on which the customers — not Verizon — have the power of choice.

Note well that the Nexus 7 is just the first of many devices sure to come to market from all over the world. That development is what was to be encouraged by the clause of the Block C requirements we are discussing. That cannot bear Verizon’s continued interference.

: LATER: I received a letter from Verizon responding to my FCC complaint and I responded in turn in the post above.

TelHell thus far

Notes on the Verizon fight, ongoing. The original post is below.

Here is my rant on This Week in Google:

The discussion continues. Here is the full show.

It took six days but a Verizon executive handling Verizon policy and external affairs, Libby Jacobson, finally responded to me there. But I won’t buy her company line.

The discussion around my posts on Google+ has been fascinating — vitriol against Verizon and a surprising level of customer support for T-Mobile and its service and data plans.

Here is where the saga began. Note how calm I am: I’m assuming this is just a bureaucratic screwup, not a willful act to violate the terms of the Block C spectrum auction and a consent decree against Verizon. I don’t hear anything over the weekend — understandable — so I wait until Monday to ask again.

I got confirmation that the device does work on Verizon’s network — it just *won’t* connect it. So I wrote the post below and crossposted it on Google+ with much conversation there.

Here is reaction to my FCC complaint against Verizon, which I filed with the Enforcement Bureau. Here was Verizon refusing to connect my unlocked device and trying to sell me one of their locked devices instead. I think that’s a violation of consumer law and I think I’ll go to the Federal Trade Commission on that.

I also posted a version of the tale on Huffington Post, where there is more conversation.

Related: Here is a Guardian story reporting that phone companies did not put up a fight when handing our data over to the NSA. Whose side are they on? And here’s a Verizon executive slamming Google and other technology companies for “grandstanding” when they defend our rights against the NSA and its spying. Again, whose side are they on?

I still have not heard from Google on this matter. I’m disappointed but I will keep trying.

I’ll keep the reports coming.

: AND: Here is the post Verizon erased (along with a few years’ worth) in which it promised to follow the open network requirements of the Block C auction (thanks to a Buzzmachine commenter for finding it).

: UPDATES: Continuing to update this post to keep a record of coverage.

* Josh Stearns at Free Press writes a wonderful post looking at Verizon’s larger venalities.

Verizon is working hard to undermine openness not just on wireless devices but across the Internet. In court last week, Verizon argued that it should be allowed to edit the Internet — blocking sites if it wants, or making them pay more to reach Verizon customers.

It’s all part of Verizon’s campaign to undermine the FCC’s authority to protect consumers online. This is like Exxon saying the Environmental Protection Agency lacks the authority to stop polluters from destroying the environment.

Jeff Jarvis has filed his complaint about Verizon’s blocking. It’s now up to the FCC to stop Verizon’s latest assault on open networks.

* Ars Technica also gives the matter good coverage. I disagree with their conclusion that Verizon will beat the regulators by approving the device soon. That does not wipe away their crime, which was delay and bogus certification.

* Consumerist points out that Verizon doesn’t know the difference between “can’t” and “won’t.

Verizon, caught red-handed

nexus7slide2
Verizon has now on multiple occasions refused to connect my Google Nexus 7 LTE tablet, though the device was publicized widely as working on Verizon and though I know from other users that it will work on its network. On Twitter, its support spokesman said in response to my repeated inquiries over four days:

Verizon is thus clearly violating FCC regulations governing its acquisition of the spectrum that enables its LTE service, which require it to open to *all* devices. To quote from the regulations (my emphasis):

(b) Use of devices and applications. Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee’s C Block network, except:
(1) Insofar as such use would not be compliant with published technical standards reasonably necessary for the management or protection of the licensee’s network, or
(2) As required to comply with statute or applicable government regulation.

Verizon also violates its promise not to violate that requirement. On May 7, 2008, Ars Technica quotes Verizon VP Jim Gerace saying on the company’s public policy blog:

“Verizon Wireless—and all the other participants in the recent 700 MHz spectrum auction—understood the FCC’s rules for using that spectrum in advance of the auction. Of course we’ll abide by those rules.”

I attempted to read the rest of Gerace’s blog post but Verizon has erased years of its posts there and the Wayback Machine does not have a cache from that date.

This promise came in response to a tough letter from Google at the time demanding that Verizon abide by the rule. Said Google: “The Commission must ensure that Verizon understands that this license obligation means what it says: Any Apps, Any Devices.”

And no wonder, for Google anticipated precisely this situation when it entered the spectrum auction Verizon won and insisted then on open access as an FCC condition of the sale: Google ended up marketing an unlocked device made to run on Verizon’s LTE network and now Verizon refuses to honor its promise to abide by the rules of its auction to do so.

On Twitter and Google+, many have asked why I bother, why I don’t just install the T-Mobile SIM and month’s free access that came with the Nexus 7 LTE. A few reasons: First, I am stuck with a shared-data plan on Verizon thanks to my locked (how could you, Google?!) Chromebook Pixel with LTE and my family’s Verizon iPads. Second, adding the Nexus 7 to my shared-data plan will cost me only $10 more a month, less than I’ll play if I support it solo on another carrier’s network. Third, this is a matter of principle. I will bring my Dell Hell experience to bear and fight for what is right.

Some also caution that on the Verizon network, my Nexus 7 will connect only if LTE is available; it will not be able to fail down to slower speeds as it could on other networks. True; that is how my Chromebook Pixel works and I am willing to live with the limitation for the price.

It has also been pointed out to me across social media that one can take a Verizon SIM from another LTE device, put it in the Nexus 7, and it will work. Only problems are, I don’t have such a SIM and if I did I’d need to use it in that other device. But this does prove — as others have done it — that the Nexus 7 *does* work on Verizon’s network.

So this is not a matter of anything Verizon cannot do. This is a matter of what Verizon will not do. And that is what makes this a violation of FCC regulations and Verizon’s assurances.

I have frequently asked Verizon for its help on Twitter and Google+ and in its store and via phone to Verizon Wireless via a representative in that store; you see the net of that above: a smart-assed refusal to take my money. I tried many avenues before writing this post.

I have twice asked Verizon Wireless’ director of PR for devices, Albert Aydin (@VZWalbert) for a company statement on why it refuses to connect the Nexus 7 and I have heard nothing. I do so as a journalist and also as a member of the public (I take the title “public relations” literally). I will email this post to him once more asking for the company’s statement.

I will also ask Google PR for its stand regarding Verizon’s violation of its assurances to the FCC and Google. Back in 2008, Verizon said: “As we work to put the spectrum we won to good use, if Google or anybody else has evidence that we aren’t playing by the rules, there are legitimate and expedited ways to address that.” Yes, like blogs, Twitter, Google+, Facebook, This Week in Google, Reddit, and angry customers everywhere.

: LATER: Verizon digs its hole deeper, with the @VZWSupport Twitter account sending me this:

To which I replied: “Cannot” is a lie. “Will not” is truthful — and the violation of the FCC regulations.

: LATER: Here is the *proof* that Verizon’s network *can* connect to the Nexus 7 but that Verizon *refuses* to do so, *violating* the FCC regulations. I took the SIM out of my Chromebook Pixel, put it in the Nexus 7 LTE, and it worked — note the “VERIZON WIRELESS” at the bottom of the screen and the bars at the top.

nexus7capture

: LATER: Android Central got this from Verizon: “This is not yet a device that is Verizon 4G LTE certified. We’ll let folks know when its certified.”

Hmmm. This device was announced two months ago. They are just getting around to thinking about this now? Or they are succumbing to pressure and the requirements of the FCC’s regulations? I report, you decide.

Funny thing is, Verizon apparently responded to CNET and Android Central but not to me. All they tell me is that they won’t/can’t do it.

: THE NEXT DAY: Torod B. Neptune, VP of Corporate Communications for Verizon Wireless, just sent me this email: “I apologize for the delay in getting back to you. The Nexus 7 is not yet a Verizon 4G LTE certified device. As background, below is the link to information on our certification process, which you’ll find under the ‘Get Your Device Certified’ tab: www.opennetwork.verizonwireless.com.” [The link doesn't work; take out the www and it will]

I’m asking questions elsewhere to interpret this. The device already works on Verizon’s network. The issue is that Verizon won’t give me a sim and add it to my account. Again we come to the “can” vs. “will” conundrum. More later.

: LATER: I have just filed this complaint with the Enforcement Bureau of the Federal Communications Commission:

I am a Verizon Wireless customer registering a complaint regarding Verizon’s refusal to connect my Verizon 7 LTE tablet via its C Block LTE spectrum, in violation of:

* 47 CFR 27.16 – Network access requirements for Block C, paragraph (b), reading in part: “Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choices on the licensee’s C Block network…”

* Also the FCC’s July 2012 consent decree with Verizon underlining the requirement for open access to the C Block network. Chairman Genachowski said at the time, “[C]ompliance with FCC obligations is not optional. The open device and application obligations were core conditions when Verizon purchased the C-block spectrum.”

Google announced its Nexus 7 LTE tablet earlier this year and promoted the fact that the device would operate on the LTE services of T-Mobile, AT&T, and Verizon Wireless. On that promise, I bought a Nexus 7 LTE from Google — waiting weeks for it to be offered in addition to wifi-only devices. I received it last Friday.

On Saturday, September 15, I went to the Verizon Wireless store on Route 206 in Bridgewater, NJ, and attempted to add the device to my shared data plan. I was told that it could not be added because Verizon had not yet added the IMEI numbers to its system. The clerk called Verizon himself and could not solve the problem at the time. I’d had a similar problem when I attempted to activate my Google Chromebook Pixel with LTE service sometime before and that was solved eventually by adding the SKU to the company’s system. So I thought this would be solved with help and I reached out to Verizon support on Twitter and Google+.

On Monday, September 17, I received this message in response from the official Verizon Wireless support Twitter account (my emphasis): “@jeffjarvis I’m excited you got your Nexus 7 but not all LTE tablets are created equal. It’s not part of our line up & can’t be activated^JH.” Later that day, I received another tweet from that account reading (my emphasis): “@jeffjarvis We apologize for any inconvenience; however, it can not be activated. Go to http://vzw.com/products to view compatible tablets^LA.”

There Verizon is refusing to connect my tablet though it has been approved by the FCC and is compliant with standards such that it is also being offered and being activated on AT&T’s and T-Mobile’s LTE networks. Further, Verizon is instead attempting to require that I buy a tablet from them. This is a clear violation of the letter and intent of the openness requirement on Block C.

I later tested Verizon’s claim that the device could not be connected. I took the SIM from my Chromebook Pixel, placed it in the Nexus 7 LTE table, and it connected to the Verizon network just fine. So the issue is not that the device cannot be connected but that Verizon will not connect it.

Thus it is clear that Verizon is violating the terms of the Block C spectrum auction and of its consent decree with the Enforcement Bureau of the Commission.

I will also note that on May 7, 2008, the technology news service Ars Technica quoted Verizon Wireless vice president and spokesman Jim Gerace saying, in response to a Google complaint regarding Verizon’s compliance with Block C requirements: “Verizon Wireless — and all the other participants in the recent 700 MHz spectrum auction — understood the FCC’s rules for using that spectrum in advance of the auction. Of course we’ll abide by those rules.”

But Verizon Wireless is not doing so. I contacted public relations executives at Verizon Wireless via Twitter and email and on the third attempt received communication directing me to its certification process. Yet in a November 27, 2007 press release the company said that “Any device that meets the minimum technical standard will be activated on the network.” Clearly, the device meets the standards for it has been approved by the FCC; it works on T-Mobile’s and AT&T’s networks; and it demonstrated that it works on Verizon’s network.

This is a matter of Verizon subverting the Commission’s rules related to the requirement of openness on Block C. It is also a matter of consumer fraud.

I ask that you forward this complaint to the appropriate authorities at the Commission and I ask that you inform me of the progress of your investigation.