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Verizon Drops FCC Suit, CTIA Picks it Up
By Teresa von Fuchs
WirelessWeek - October 24, 2007

Verizon Wireless has dropped its suit against the FCC, regarding the commission's rules governing the upcoming spectrum auction. The company filed a notice with the U.S. Court of Appeals for the District of Columbia that it was dropping its appeal.

The court previously rejected Verizon's request to have its appeal expedited, so that the case might be heard before the auction began. According to reports, Verizon said in its filing that it dropped the suit due to the court's rejection of its request.

The carrier also has been under some fire from possible competitors in the auction for improperly waging two campaigns simultaneously.  If Verizon Wireless was lobbying the FCC to change the rules regarding the auction, then it couldn't also pursue the issue legally.

Legal experts and industry analysts also said the company had little chance of winning its suit, which alleged the FCC did not have the authority impose open-access requirements on a swath of spectrum to be auctioned off. The courts typically defer to the FCC in rulemaking cases.

But where Verizon has stepped out, the CTIA has stepped in. Joe Farren, spokesperson for the association, confirmed reports that CTIA has filed a suit with the same court, challenging the open-access regulations.

CTIA said in its filing that it isn't looking to delay the spectrum auction, but that it "does, however, seek to overturn certain aspects of the order that are at odds with prior commission rulings and with the realities of the competitive marketplace for wireless services." 

That sticks pretty much to what Verizon Wireless and some of the other carriers have been saying - open-access requirements will somehow impede the industry's ability to offer "competitive" services.

The filing continues to challenge the open-access requirements imposed on the C block of spectrum, calling the reasoning behind the open-access requirements "irrational and inconsistent." CTIA has asked that the court overturn the commission's decision to impose open-access requirements on the block of spectrum, as the provisions are "arbitrary, capricious and otherwise contrary to law."






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