Can you hear me now? We don’t want open-access wireless!
Irritated with the FCC’s open-access
requirements on the upcoming 700 MHz auction, second-place mobile carrier
Verizon Wireless has decided to take its grievances to court: last Monday, Verizon Wireless filed suit against
the FCC at the DC circuit of the U.S. District Court of Appeals.
In the lawsuit,
Verizon Wireless seeks a judicial review of the auction’s open-access guidelines,
claiming that the FCC has exceeded the congressional authority granted to them
under the Communications Act of 1934. Further, an open access requirement “violates
the US Constitution, violates the Administrative Procedures Act, and is
arbitrary, capricious, unsupported by the substantial evidence and otherwise
contrary to law.”
Curiously, Verizon had previously signaled
some receptiveness to an open-access plan requirement.
Neither Verizon Wireless nor the FCC would comment on the lawsuit.
The open-access requirement, which had been bounced around
for a couple of months before its final approval in early August, was heavily supported by consumer advocacy
groups and Google, but heavily opposed by wireless carriers, citing a variety
of different reasons. AT&T, however, recently changed
its tune and softened its stance, and according to Infoworld, mentioned that it “could live with” requirements that allow
consumers choice and prevent the blocking of competitor’s content.
Nonetheless, open-access is only mandatory for the upper half
of the 700 MHz band, of which significant chunks are carved out for private use
by public safety entities; the lower half is only subject to the FCC’s
licensing and expansion requirements.
The 700 MHz auction is scheduled to take place on January
28, 2008, and carries a reserve price of $4.6 billion. If that reserve is not
met, the spectrum will be placed up for bid again without the open-access
requirements.
|