Apple tells Australian carriers their networks and its iPad both meet 4G standards

Apple stands accused of mislabeling their shiny new iPad WiFi + 4G in Australia. The consumer watchdog group Australian Competition and Consumer Commission (ACCC) has taken Apple to court in Melbourne, where the case is expected to be tried sometime in May. The ACCC’s argument is that Apple’s new iPad is not compatible with any of Australia’s LTE networks, and that the 4G moniker is confusing customers. For its part, Apple has put up signage in all Apple retail outlets in the country, and has contacted all individuals who have purchased an iPad thus far to offer refunds.

Meanwhile, Apple is preparing to go to court, and they’re in it to win it. Apple filed a defense in Australia’s federal court this week that provides detail as to just what Apple’s argument will be. The company will be basing its case on the notion that Australian carriers are incorrectly not labeling their advanced 3G networks as 4G. See, the International Telecommunications Union (ITU) updated their definition of 4G service back in December of 2010, allowing advanced 3G networks such as HSPA+ to label themselves as 4G. The full definition:

“As the most advanced technologies currently defined for global wireless mobile broadband communications, IMT-Advanced is considered as ’4G,’ although it is recognized that this term, while undefined, may also be applied to the forerunners of these technologies, LTE and WiMax, and to other evolved 3G technologies providing a substantial level of improvement in performance and capabilities with respect to the initial third generation systems now deployed.”

Using this definition, while Apple’s iPad WiFi + 4G does not connect to any Australian LTE networks, it does connect to networks which could be classified as 4G under the ITU definition. Apple believes that the 4G moniker in the iPad name tells customers that the iPad provides a superior level of service in terms of data transfer speed than that of 3G networks, and not that it is compatible with certain 4G networks.

Here in the states, we’re used to 3G+ networks being marketed as 4G, though that practice obviously hasn’t made its way to other regions of the world just yet. So will Apple’s argument hold up in an Australian court, where 3G+ networks are still being marketed as 3G? We won’t have to wait too long to figure out the answer to that question, as the trial is set for sometime next month.