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

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.