WiFi Tethering on Verizon with Unlimited Data and Verizon's Block C Licenses

[DayThyme]

I put this discussion on the iMore forums and wanted to cross post it here.

Verizon's position is that they are not going to provide functionality on your device that allows you to tether if you have unlimited data. That is fine and not in violation of their block c licenses. They don't have to. They instead ask you to pay another $30 for that functionality. That is fine for them to ask, but I don't have to take them up on their offer.

And while Verizon can ask you to pay another $30, what Verizon can't do is stop you from using an app that will let you tether and not pay the $30 - that, as the consent decree shows, is a violation of their block c open access restrictions. Problem is that Apple won't allow apps like that in their app store so to get them you have to jailbreak your iPhone. Also, I am sure that Apple's iOS wouldn't allow an app like that to run so you would need to jailbreak not only to get the app, but for the app to function.

Google allows these types of apps in the playstore and in fact, that is what the consent decree was all about - Verizon telling Google to take those apps out of the playstore. Unequivocably, Verizon is not allowed to do that and was fined $1.25M for doing that. BUT the latest Android OS, Kit Kat, patched the exploit that the apps use so you have to root to be able to do it on Android Kit Kat. Moreover, the more Google implements Selinux in the Android OS, the harder it will be to root without unlocking your bootloader.

So while it is still possible to do this, even Google is moving towards securing their OS to the point that you will have to have an unlockable bootloader to do it.

Please understand that only Verizon (the licensee) is under the block c open access restrictions. Apple and Google are not and neither are the Android phone manufacturers. So whatever Apple, Google, Samsung, etc. do of their own accord is not relevant to the block c restrictions. But Verizon cannot pressure them to do things that violate this provision:

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.

That is what the consent decree was about, too. It is not just that Verizon can't do it themselves; they can't ask Google or Apple or the Android phone manufacturers to do it, either. But nothing stops Google or Apple or the Android phone manufacturers from doing it on their own because they aren't the licensee of the block c spectrum.

 

[zedorda]

That all very nice but why are you leaving out the provisions that were added when Verizon was fined $1.25M? I guess if you leave that information out it does seem unclear why Verizon is getting away with such horrible action.

 

[DayThyme]

That all very nice but why are you leaving out the provisions that were added when Verizon was fined $1.25M? I guess if you leave that information out it does seem unclear why Verizon is getting away with such horrible action.

I believe I know what you are talking about, but in case I don't, please be more specific as to what provisions you are referring to.

 

[dpham00]

Verizon cannot block devices or applications for devices using block c. That's all that the fcc required for it.


The statement makes no mention of devices using advanced wireless services, obviously since it isn't block c. Additionally, there is no mention of a restriction server side on tethering with unlimited, nor a restriction on charging unlimited users for using tethering.


This is the fcc statement :

"NEWS
Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.
Internet: http://www.fcc.gov

Washington, D. C. 20554

TTY: 1-888-835-5322

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE:

NEWS MEDIA CONTACT:

July 31, 2012
Neil Grace (202) 418-0506
Email: neil.grace@fcc.gov
VERIZON WIRELESS TO PAY $1.25 MILLION TO SETTLE INVESTIGATION

INTO BLOCKING OF CONSUMERS? ACCESS TO CERTAIN MOBILE BROADBAND

APPLICATIONS

Washington, D.C. ? Today the FCC?s Enforcement Bureau released a $1.25 million consent decree with
Verizon Wireless that resolves an investigation into whether the company had fully complied with the
FCC?s ?C Block rules,? requiring licensees of C Block spectrum to allow customers to freely use the
devices and applications of their choosing.
FCC Chairman Julius Genachowski said, ?Today?s action demonstrates that compliance with FCC
obligations is not optional. The open device and application obligations were core conditions when
Verizon purchased the C-block spectrum. The massive innovation and investment fueled by the Internet
have been driven by consumer choice in both devices and applications. The steps taken today will not
only protect consumer choice, but defend certainty for innovators to continue to deliver new services and
apps without fear of being blocked.?
Verizon Wireless offers customers its 4G LTE service on C Block spectrum. Verizon Wireless bid at
auction to acquire that spectrum, understanding that it was accompanied by open device and application
obligations. Specifically, licensees offering service on C Block spectrum ?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,? subject to narrow exceptions.
P. Michele Ellison, Enforcement Bureau Chief, said, ?This case was the first of its kind in enforcing the
pro-consumer open access obligations of the C Block rules. It underscores the agency?s commitment to
guarantee consumers the benefits of an open wireless broadband platform by providing greater consumer
choice and fostering innovation.?
The Bureau launched an investigation after reports suggested that Verizon Wireless had successfully
requested that a major application store operator block Verizon?s customers from accessing tethering
applications from its online market. (?Tethering? is using a wireless phone as a modem to obtain Internet
access for another device, such as a laptop computer or tablet.)
The Commission also received an informal complaint alleging that Verizon Wireless had violated the
FCC?s C Block rules by making such a request. At that time, Verizon Wireless?s terms of service
required all customers who wanted to use their phones for tethering to subscribe to the company?s Mobile
Broadband Connect service, at an additional charge. In response, Verizon Wireless stated that the
additional fee reflected the fact that customers who tether laptops or other devices have the capability to
use more data capacity than others. At the time of that response, however, Verizon Wireless required not
only unlimited data plan customers, but also customers who paid for data on a usage basis, to pay the
additional fee. Verizon Wireless asserted that third-party tethering applications could enable its
customers to tether without paying an additional fee.
Under the terms of today?s settlement, Verizon Wireless will make a voluntary payment to the Treasury
in the amount of $1.25 million, and has committed to notifying the application store operator that it no
longer objects to the availability of the tethering applications to C-Block network customers in the
operator?s online market. Verizon Wireless has also agreed to implement a compliance plan, requiring
that:
?
employees will receive training on compliance with the C Block rules;
?
future communications with application store operators regarding the availability of applications
to Verizon Wireless customers will be reviewed in advance by legal counsel; and
?
Verizon will report any instances of noncompliance with the rule at issue that might occur during
the two-year term of the plan.
In addition, the company recently revised its service offerings such that consumers on usage-based
pricing plans may tether, using any application, without paying an additional fee."

http://www.fcc.gov/document/verizon-wireless-pay-125-million-settle-investigation



Sent from my Verizon Samsung Galaxy Note 3 via Tapatalk Pro

 

[dpham00]

Until only very recently, most wireless carriers operated ?closed? networks. Within these ?closed? networks, subscribers were limited to choosing among only those handsets and applications approved by the carriers themselves. In July 2007, the FCC adopted an ?open platform? rule for one-third of the 700 MHz spectrum auctioned early last year (the ?C Block?). The Commission deliberately took a cautious and limited approach to fostering more openness in the wireless world. Its plan followed a careful balance of spurring innovation and consumer choice while encouraging infrastructure investment. The Commission used this targeted approach to promote the development of networks that are more open to devices and applications. Requiring licensees of this spectrum to allow consumers to use the devices of their choice and download applications of their choice has helped push the wireless industry to embrace more open networks. In less than a year, many wireless providers have evolved from vocal opponents to vocal proponents of open networks. This more open approach provides a ripe field for wireless innovation and growth, including opportunities for equipment manufacturers, software developers, and others. Indeed, following the adoption of the 700 MHz ?open platform? rule, several wireless carriers announced voluntary plans to deploy an ?open platform? beyond the Commission?s C Block requirement. In November 2007, Verizon Wireless issued an announcement that in 2008, its customers would be permitted to use the devices and applications of their choice on its network. In 2008, Verizon Wireless launched its Open Development Program, holding conferences and webcasts about certifying devices for use on its net

http://en.m.wikipedia.org/wiki/United_States_2008_wireless_spectrum_auction#cite_note-FCC-13

Sent from my Verizon Samsung Galaxy Note 3 via Tapatalk Pro

 

[diesteldorf]

I am curious if I am also in violation. I have been using my Nexus 7 LTE with my Verizon Unlimited data plan for weeks. I am not trying to flaunt anything, but native tethering works great with the stock Rom.

Does anyone know if the Cowboys block agreement or even the contract I signed says anything about moving a sim to a non phone or non VZW device?

Sent from my Nexus 7 using Tapatalk

 

[DayThyme]

I am curious if I am also in violation. I have been using my Nexus 7 LTE with my Verizon Unlimited data plan for weeks. I am not trying to flaunt anything, but native tethering works great with the stock Rom.

Does anyone know if the Cowboys block agreement or even the contract I signed says anything about moving a sim to a non phone or non VZW device?

They only have the current agreement online that I can find dated 11/21/13 - you have to find your agreement to know - but here is the current agreement:

Verizon Customer Service Agreement


My guess is this is the problem:

MY WIRELESS DEVICE

Your wireless device must comply with Federal Communications Commission regulations, be certified for use on our network

 

[Almeuit]

I am confused as to what this post is about.... The latest update was Verizon patching the exploit that people were using.. Not Google. So your update to fix the tether exploit was them and not Google... So Google has no play and being on KitKat doesn't matter.

If you root and modify the tether app you can tether all day... If you download a third party app such as FoxFi (which alot of people posted success about) it will work...

Or if you root and ROM to a different ROM you can tether... Just like people do on a Nexus without root.

Sent from my T-Mobile Note 3 using AC Forums.

 

[DayThyme]

I am confused as to what this post is about....

It's about whether or not you are legally allowed to tether and whether in the future we will be able to do it on unlimited data as the OS gets locked down more and more.

 

[Almeuit]

It's about whether or not you are legally allowed to tether and whether in the future we will be able to do it on unlimited data as the OS gets locked down more and more.

Well since unlimited is going away I wouldn't worry and just use it. Verizon will eventually force everyone off it.. I am sure of it. They are way to greedy to just allow it forever.

Just like one day I could see T-Mobile going away from unlimited.. It just won't be for along time since that's their hook right now versus the big carriers.

Sent from my T-Mobile Note 3 using AC Forums.

 

[Almeuit]

Also... The legal part of it wouldn't change. The manufacturers locking the OS down more and more doesn't make it illegal all of a sudden. Its either illegal or it isn't.. The OS being locked down by Apple or Google doesn't make the difference.

Sent from my T-Mobile Note 3 using AC Forums.

 

[DayThyme]

Well since unlimited is going away I wouldn't worry and just use it. Verizon will eventually force everyone off it.. I am sure of it. They are way to greedy to just allow it forever.

I agree, but this thread is about whether or not those of us who use apps to tether our unlimited data are doing something wrong. WE ARE NOT!

I just want to set the record straight since on other forums I have had mods challenge me and close threads and other posters accuse me of stealing WHICH IS FALSE.

 

[dpham00]

I agree, but this thread is about whether or not those of us who use apps to tether our unlimited data are doing something wrong. WE ARE NOT!

I just want to set the record straight since on other forums I have had mods challenge me and close threads and other posters accuse me of stealing WHICH IS FALSE.

As long as you are on block c, you can use any app you want. However, Verizon can still block tethering server side like they are doing now.

Keep in mind that if the network switches to cdma or aws, then the block c rules no longer apply.

Sent from my Verizon Samsung Galaxy Note 3 via Tapatalk Pro

 

[dpham00]

There is no violation so long as Verizon doesn't force a third party to do it like when they forced Google to get rid of tethering apps.

Sent from my Verizon Samsung Galaxy Note 3 via Tapatalk Pro

 

[Simon_y7]

When you, guys, talk about tethering, do you mean both wireless and wired?

 

[dpham00]

When you, guys, talk about tethering, do you mean both wireless and wired?

Tethering is any method where you use your phone as an Internet connection for another device

Sent from my Verizon Samsung Galaxy Note 3

 

[NewArtDroid]

I have a Droid Maxx that I bught full retail in Dec 2013 so I could keep my unlimited data. I tether once in a while. I unknowingly upgraded to KitKat 4.4 and now lost my tethering ability with FoxFi. I read news about the settlement the FCC agreement and saw that unlimited plans are not part of the agreements. I'm really upset. More so because of the power they are exerting over us.

 

[Cozume]

I have a Droid Maxx that I bught full retail in Dec 2013 so I could keep my unlimited data. I tether once in a while. I unknowingly upgraded to KitKat 4.4 and now lost my tethering ability with FoxFi. I read news about the settlement the FCC agreement and saw that unlimited plans are not part of the agreements. I'm really upset. More so because of the power they are exerting over us.

FoxFi is working on a fix for this, but if you root your Droid Maxx, there are other apps you can use to WiFi tether until then.

If you still have an upgrade available, consider using the Best Buy online method to get a subsidized iPhone 5s and sell it to recoup some of the cost of your full retail Droid Maxx:

http://forums.androidcentral.com/verizon/351917-verizon-how-keep-unlimited-data-get-phone-subsidized-price.html

 

[Cozume]

When you, guys, talk about tethering, do you mean both wireless and wired?

There are 3 ways to tether - USB (wired), bluetooth (wireless) and WiFi (wireless), all of which if you have an UDP require you to pay Verizon $30 to use the native tethering capabilities of your phone. But if you use an app, you can do it for free. However, if you upgraded to kitkat, there is no way to WiFi tether without rooting currently.