Verizon (News - Alert) Wireless recently asked a U.S. Federal court to overturn open-access rules that the Federal Communications Commission plans to impose on the winner of the 700 MHz wireless spectrum slated to be auctioned off this winter.

 

Reuters reported that the FCC (News - Alert) approved the rules on July 31, but Verizon feels the conditions are unconstitutional and the that FCC overstepped its authority in approving them. The rules dictate that the winner of the spectrum auction must let consumer connect using any device or software, not just that offered by the new spectrum owner.

 

Verizon is seeking legal action in the form of a lawsuit filed with U.S. Court of Appeals for the District of Columbia in an attempt to get the rules struck down.

 

The spectrum in question, Reuters explained, consists of airwaves being released by TV broadcasters as they move from digital to analog broadcasting, a government-mandated change that will take effect in 2009. The airwaves are considered highly valuable because they are located in a section of the band capable of traveling long distances and penetrating thick walls.

 

There has been much debate about the 700 MHz spectrum auction and what will happen once the airwaves have been snapped up. Some bidders, like Verizon, want the freedom to do with the spectrum as they please, even if that means using it for proprietary purposes. Other potential bidders, like Google (News - Alert), supports the FCC open access rules on the grounds that such stipulations will help foster a more competitive wireless market, Reuters said.

 

The Reuters report went on to elaborate that wireless carriers partnering with content providers can restrict which cell phone models can be used on particular networks. If this control is taken away, companies like Verizon fear they won’t be able to thrive in a very competitive market.