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Sep. 15, 2007

Verizon Wireless has filed suit against the Federal Communications Commission regarding specific rules governing the 700 MHz spectrum auction that would require certain airwaves be compatible with any device.

The wireless carrier is claiming that the FCC grossly overstepped its authority when it adopted the open-access requirements earlier in 2007.

In its 2-page legal document, Verizon said the FCC's rules for the auction were "arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to what the law dictates."

Verizon Wireless has filed the lawsuit in the U.S. Court of Appeals for the District of Columbia.

Overall, the open access requirements were hotly debated for much of 2007 as everyone from carriers to wireless startups and even such large companies as Google weighed in on how they thought the commission should structure the rules of the auction to best meet their needs and the needs of consumers.

The FCC ended up requiring open-access conditions, meaning whatever network is set up on that bandwidth must be fully compatible with any reasonable device and application, on a block of spectrum about 30 percent of the total to be auctioned off in four months.

Although most wireless carriers objected to the idea that the FCC include open access provisions, shortly before the commission finalized the auction rules, AT&T as well as Verizon Wireless came out in limited support of them.

However, challenging the legality of the FCC's rulemaking seems like a long shot.

Besides its filing, Verizon Wireless declined to comment on its decision to file suit.

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Source: Wireless Week