Judge rejects AT&T calls to pull Verizon ads

By Jeffry Scott

The Atlanta Journal-Constitution

A federal judge said Wednesday that Verizon ads for its 3G wireless service might be “sneaky” but they’re not misleading, and he denied a request by Atlanta-based rival AT&T Mobility to force Verizon to yank or alter the commercials.

But the judge granted AT&T attorneys another chance to make their case at a follow-up hearing set for Dec. 16.

The case pits the nation’s two largest wireless carriers against each other as they expand the reach and speed of their 3G (third generation) networks, which make the downloading of such things as videos on smart phones faster than older 2.5 G wireless networks.

AT&T claims that Verizon's "There's a Map for That" TV spots, which started in early October, mislead consumers to believe Verizon has a much larger wireless coverage area than AT&T. While Verizon's 3G network is about five times as big in geographic area, the two rivals' 3G networks are much closer in terms of population served, AT&T says.

AT&T attorney David Balser told U.S. District Court Judge Timothy Batten Sr. the maps used in the Verizon ads are intentionally misleading because they only show the geographic difference. AT&T also notes that users of its lower-speed 2.5G wireless service can still make phone calls, browse the web, and send text messages..

Maps in the ads show Verizon covering nearly all of the country, while AT&T coverage is concentrated along the coasts and around big cities.

"The advertisements are a response to the enormous success of the iPhone and was designed to deceive the public," said Balser. AT&T has an exclusive partnership with the iPhone.

Verizon’s attorney, L. Joseph Loveland Jr., countered that “the core of the campaign is true,” and what AT&T wants the court to do "runs directly against what the law reads. We are now dealing with truthful speech.”

Loveland said he understands why AT&T is upset with the ads: because it advertises its 3G network as the nation's fastest, and speed is only half the equation.

"People have to also be able to connect to the network," Loveland said.

Judge Batten said people might “misunderstand” the commercials, “but that doesn’t mean they’re misleading.”

He noted that TV viewers aren't always alert.

“Most people who are watching TV are semi-catatonic,” he said, prompting laughter. “They’re not fully alive.”