During the recent poker hand that saw Google betting hard by putting $4.6 billion on the table in order to ensure that the 700MHz wireless spectrum would have open access rules which the FCC agreed would be the terms the winner would have to follow Verizon walked away the winner. The assumption at that point in the vast majority of the press that followed the win was that at least in this spectrum any device regardless of provider would be able to run on that spectrum.

As I said in this past Sunday’s Elite Tech News podcast when the subject came up I just don’t see this happening. I was and it is still my impression that now Verizon has the keys to the candy store they will do whatever they can to get out from under the FCC guidelines of open access. It appears now that I might not be alone with this assumption as Google is reportedly petitioning the FCC to preemptively enforce the rules.

In a post on TechCrunch Erick Schonfeld reports that there is apparently a huge loophole in the rules that may just give Verizon a partial out

Is Google just paranoid? Not exactly. There is a huge, gaping loophole in the rules. Namely, Verizon can block any device or application it deems to have a negative impact on the performance of its network.

Of course it is entirely up to Verizon which devices or applications could be consider to have a negative impact but if it is anything like their recent opening up of its existing network we will just see an extension of its current two tier system passed onto the new 700MHz spectrum as well.

As Cynthia Brumfield pointed out in her post on this

Instead of interpreting the rule to mean “Any Applications, Any Devices,” Verizon thinks it means “Any Applications, Except on Verizon Devices,” Google claims.

As much of a stink that Google might raise over this I don’t foresee the FCC stepping in at this point - or in the future for that matter - now that the deal is done.

Conversation Tags: Google, Verizon, 700MHz spectrum