Verizon Wireless has filed suit against the FCC regarding the commission's rules governing the 700 MHz spectrum auction that would require certain airwaves be compatible with any device. The carrier is claiming that the FCC overstepped its authority when it adopted the open-access requirements earlier this summer.
In its 2-page filing, the carrier said the commission's rules for the auction were "arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to law." Verizon Wireless has filed the suit in the U.S. Court of Appeals for the District of Columbia Circuit.
The open access requirements were hotly debated for much of this year as everyone from carriers to wireless startups to Google to consumer groups weighed in how they thought the FCC should structure the rules of the auction to best meet their needs and the needs of consumers. The commission ended up requiring open-access conditions, meaning whatever network is set up on that bandwidth must be compatible with any reasonable device and application, on a block of spectrum about one third of the total to be auctioned off in January.
Although most 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.
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.