Verizon sues over 700MHz open-access conditions

IT IS UNLIKELY that there will be a US FCC auction of a thousand wireless licences for the 700MHz frequency after Verizon Wireless has challenged the rules of the game.

The FCC has attached open-access requirements to a 22 megahertz block of spectrum for the auction in mid-January.

Most of the mobile phone industry hated the idea of attaching conditions to any of the 700 MHz spectrum, but AT&T liked it.

Winning bidders of the 22 MHz worth of licenses are allowed to use any devices and application on their networks, as long as they don't harm the rest of the spectrum. Fighting against the FCC is legally messy and will take ages. Verizon suing will mean that the auction could be delayed for years.

Verizon claims FCC action "violates the US Constitution, violates the Administrative Procedures Act … and is arbitrary, capricious, unsupported by the substantial evidence and otherwise contrary to law."

The move might create a backlash against Verizon. Lawyers approached by RCR News said that the rules were designed to allow consumers, for the first time, to use their handsets with any network they desire, and download and use the lawful software applications of their choice.

People might get miffed that Verizon is using the court system to try to prevent consumers from having any choice of innovative services.

More here. µ