The criticism from around the web is that Apple is telling people, in its advertising, on its web site and on its packaging that the new iPad has 4G capabilities or even mentions 4G, while keeping in the small or fine print section the notification that “4G LTE is supported only on AT&T and Verizon networks in the US; and on Bell, Rogers and Telus networks in Canada. Data plans sold separately. See your carrier for details.”
However, if an Australian owner of a 4G capable new iPad visits the US or Canada, they will be able to connect to 4G networks there by buying a prepaid microSIM card and surfing at 4G speeds immediately.
This means the new iPad does indeed work at 4G speeds on compatible networks – this is not being denied by anyone. Surely if this is the case, Apple cannot be lying about the fact its new iPad is indeed 4G capable?
The thing is, Apple is not advertising the new iPad as being able to connect to Telstra’s 4G LTE network or any 4G network in Australia.
Indeed, multiple news reports from Australian publications, including iTWire – and publications around the world – quickly swung into action to note that the new iPad’s 4G capabilities were limited to certain US and Canadian telcos and wouldn't work on Australian, European or other 1800MHz 4G LTE networks around the world.
What does Apple say on its site?
While the US version of the Apple site lists a 4G LTE logo with the heading of “Ultrafast 4G LTE. Full speed ahead” when you scroll down halfway through the iPad features page, the Australian version of its site instead shows a line drawing of a large antenna tower receiving and transmitting radio waves in place of the 4G LTE logo, followed by the headline of “Ultrafast wireless. Full speed ahead”.
In this same section under a headline entitled “Really really fast is your only option”, Apple says on the Australian site that “The new iPad supports fast cellular networks the world over. [2] So you can browse the web, stream content or download a movie at blazing-fast speeds. It also works on GSM/UMTS worldwide network technologies including HSPA, HSPA+ and DC-HSDPA — the fastest 3G networks out there. You’ll see downlink speeds up to 42 Mbps with DC-HSDPA and up to 21.1 Mbps with HSPA+. [3]”.
It's important to note here that the iPad 2 nor the original iPad worked on the faster 3G HSPA+ or DC-HSDPA networks that were then or subsequently became available - but the new iPad 3 certainly now does. This genuinely gives users of HSPA+ or DC-HSDPA networks the capability of faster access speeds on a new iPad than those using the slower 3G HSPA speeds only on now older iPad 1 or iPad 2 models.
Thus, even without access to a 4G network in Australia, the new iPad finally does deliver faster access to existing HSPA+ and DC-HSDPA networks in Australia and around the world - something the older iPads simply cannot claim, and never did.
That's presumably why the US site differs from the Australian text only in the first sentence, where Apple’s US site says that: “The new iPad supports fast cellular networks the world over — including 4G LTE networks in the U.S. and Canada.”
In the text above, the [2] and [3] are referenced as superscript numbers to lead you to the fine print of both the US and Australian sites linked above that “[2] 4G LTE is supported only on AT&T and Verizon networks in the US; and on Bell, Rogers and Telus networks in Canada. Data plans sold separately. See your carrier for details” and “[3] Based on theoretical peak speeds. Actual speeds will be lower.”
From what I’ve seen, and noting that I am not a lawyer, these are the standard types of disclaimers that any company would use, and they do explain that the iPad only works on selected US and Canadian telcos with compatible 4G networks.
Meanwhile, the maximum “up to” speeds of mobile networks, Wi-Fi routers, ADSL+ speeds and more are never the actual speeds, but the theoretical maximums these standards work at, with actual speeds always lower than these theoretical maximums.
Just take a look at any of Telstra’s advertising for its Next G or 4G wireless modems – or that of any telco or networking equipment manufacturer – the fine print always explains these theoretically maximal limitations.
As I explained in my earlier article on the ACCC’s action against Apple Australia, the ACCC is going after Apple for being misleading about the iPad’s 4G capabilities.
From the ACCC’s site: “The ACCC alleges that Apple's recent promotion of the new "iPad with WiFi + 4G" is misleading because it represents to Australian consumers that the product "iPad with WiFi + 4G" can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.”
However, given my own observations of an-in store printed notification at JB HiFi at the new iPad section that Apple’s new iPad is not compatible with Australia’s 4G networks, as well as an explanation of this lack of Australian 4G compatibility when then proceeding to buy an "iPad WiFi + 4G" from this particular JB HiFi store, as well as companies such as Apple and Telstra explaining to buyers that the new iPad does not work on the Telstra 4G network.
