Don't trust Verizon, Google warns FCC

While Verizon has been making a lot of public noise about opening up its network to third-party devices and applications, Google is apparently still skeptical that the carrier really intends to change its ways.

In a petition filed with the Federal Communications Commission last week, Google urged the FCC to demand that Verizon comply strictly with the open-access rules that have been placed on the C block of spectrum that Verizon recently won in the 700MHz auction. In particular, Google expressed skepticism that Verizon intends to comply with the rule that forbids all C-block licensees from blocking applications or features on handsets that licensees provide to their customers.

In the past, notes Google, Verizon has taken a public position that it wants to retain control over what applications and features it allows on its devices. Last fall, for instance, Google proposed what it called a "two-door" solution for the C block spectrum: customers should be able to choose to connect to the C-block spectrum using either a completely open third-party device or through a more controlled Verizon device.

"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," wrote Verizon Wireless counsel R. Michael Senkowski in a letter to the FCC last year. Verizon also sued the FCC in an attempt to force the Commission to change its open-access rules.

Google says that allowing Verizon to block or disable legal applications on any devices connected to the C Block would explicitly violate the rules that the commission laid out for the spectrum auction. Indeed, notes Google, the FCC's rules state  that "no licensee may disable features on handsets it provides to customers" unless those features are either illegal or are an impediment to maintaining or protecting the licensee's network.

Although Verizon has yet to explicitly detail its plans for what kinds of services it will offer on the C block, Google says it is concerned that the company "has not subsequently disavowed this position in any on-the-record filing with the Commission" after winning the spectrum in the 700MHz auction last month. In order to ensure that the open-access rules are followed to the letter, Google says, the FCC should immediately mandate that Verizon allow any application onto any device connecting to the C-block spectrum as a precondition to granting the C-block licenses.

Verizon has not commented publicly on the specifics in Google's petition, although a company spokesperson did tell the IP Democracy blog that "Google's filing has no legal standing."