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September 17, 2007

Verizon Appeals Open Access Provision in Spectrum Auction Rules

Verizon has filed a document with the D.C. Circuit Court of Appeals challenging the FCC's authority to require an open access provision for the upcoming spectrum auction.  The effect may be to delay the auction until this can be sorted out.  The document is short and rather conclusory, claiming:

Verizon Wireless seeks judicial review on the grounds that the Report and Order exceeds the Commission's authority under the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, et. seq., violates the United States Constitution, violates the Administrative Procedure Act, 5 U.S.C. § 701, et. seq., and is arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to law.  Verizon Wireless challenges that part of the Report and Order which adopts what the Commission refers to as an "Open Platforms for Devices and Applications" mandate as part of the service rules for the C Block of spectrum in the upcoming 700 MHz auction."

That's pretty much it.  No statements of how and why these claims may or may not be true, and no specific citations beyond what is here.  Note to Verizon Wireless attorneys, "et" in "et seq." doesn't require a period.  It's an itty-bitty Latin word all by itself.  They could have added that Google might get hold of that spectrum and, loose cannon they may be to us, could destroy our business model by giving consumers device freedom.  Hey, we're not Europe, after all, they didn't add.

Thanks to the ZDNET blog by Dan Farner and Larry Dignan for the link to the filing.

September 17, 2007 | Permalink

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