One of the most criticised things about the new Apple iPad is its use of 4G, the latest mobile broadband connection that offers high speeds in excess of ADSL2+. In Australia, 4G is offered by Telstra, but on a different spectrum to what Apple’s iPad supports, and that’s about to become an issue for the courts.

The new Apple iPad has made waves in America thanks to its support of the country’s 4G connection, thanks to the networks over there serving up the high speeds over two spectrums, 700MHz and 2100MHz.

Locally, Telstra is the only current provider of 4G, and it uses the 1800MHz spectrum to transmit 4G speeds, making the new iPad incompatible with the 4G on offer by the new iPad.

Australia’s Competition and Consumer Commission has said this week 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.”

While Telstra is currently the only provider of 4G connections in Australia, Optus has been testing a 4G connection over the supported 700MHz spectrum, but that’s currently unavailable for public consumption.

The matter is now before the courts where the ACCC is seeking to correct Apple’s advertising and force refunds to customers affected by the lack of supported 4G in the new tablet.