Add to del.icio.us     Digg this

Oct. 5, 2007

Google is accusing Verizon Wireless of improperly lobbying the FCC to lighten rules regarding the upcoming 700 MHz spectrum auction.

By doing this, Google is joining startup Frontline Wireless in its condemnation of Verizon for meeting with FCC Chairman Kevin Martin.

The issue is around open access requirements on a swath of spectrum, while Google also sought legal action to reverse the FCC's auction rules.

In a letter to the FCC sent Tuesday, Google lobbyist Richard Whitt said that Verizon Wireless broke lobbying rules by meeting with Martin at the same time as filing a lawsuit to overturn terms of the wireless auction.

On Google's blog today, Whitt said that changing auction rules would "seriously undermine" the FCC's efforts in offering wireless users more choice in the cell phone market.

Late last week, Frontline asked the FCC to ban Verizon Wireless from bidding in the auction, due to its infringement of the lobbying rules.

In its response to earlier Frontline complaints that is was not fully disclosing its lobbying efforts, Verizon said it did provide full and public disclosure of its September 17 meeting with Martin and his staff, as required by ex parte rules.

A September 28 letter to the FCC points out that Frontline was only able to respond to the points raised at the meeting "at such a granular level" because Verizon Wireless provided a detailed, public summary of the meeting.

Verizon Wireless last month challenged the FCC's open access requirements, asking a U.S. appeals court to overturn the FCC's decision.

Today however, the D.C. Circuit court denied Verizon's motion to expedite a hearing of its case.

Again on Tuesday, the FCC filed its comments with the D.C. Circuit court regarding Verizon's requests.

In its filing, the FCC defended its decision to impose open access requirements on a section of spectrum, as well as its authority to impose such restrictions.

The commission said that Verizon has failed to provide "proof demonstrating why a condition placed on the C Block harms Verizon when several other blocks of 700 MHz spectrum are also up for auction and nothing requires Verizon to bid on or acquire C block licenses."

The filing also suggests that Verizon violated lobbying rules by both seeking changes in the courts and by simultaneously lobbying the commission.

Add to del.icio.us     Digg this

Source: Wireless Week