Verizon sues FCC over open-access auction

Published September 15th, 2007


Verizon Wireless has encountered strong opposition for its request that an appeals court overturn U.S. Federal Communications Commission auction rules on a portion of wireless spectrum.

Verizon Wireless, in a brief filed Monday, asked the U.S. Court of Appeals for the District of Columbia Circuit to review the FCC’s decision to require so-called open-access rules on about a third of the 62MHz of spectrum in the 700MHz band scheduled to be auctioned in January.

The FCC voted in July to require that the winner of 22MHz of spectrum allow any wireless devices to connect to the network, meaning wireless telephone customers could bring their handset devices from other carriers. The FCC also prohibited the winning bidder on the 22MHz block of spectrum from blocking or slowing wireless and Web content from competitors.

Those rules are “arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to law,” Verizon Wireless said in its brief.

Verizon spokeswoman Debra Lewis said the company will let the brief “speak for itself.”


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