Wireless carriers, as a group, tend not to like "open access" mandates from regulators. That's why, when the FCC proposed adding a set of Google-backed open access rules to a chunk of its 700MHz spectrum auction, Verizon promptly sued. After failing to get an expedited hearing in the case, Verizon dropped the matter—but wireless industry trade group CTIA promptly picked it up again. RCR Wireless notes that the group has finally dropped the lawsuit, however. The FCC's stand on the open access issue will make it easier for regulators to insist upon such conditions in the future.

While Verizon and CTIA resisted the FCC mandate, they weren't necessarily against opening up wireless networks to more devices and applications. It's just, well, they would prefer to do so on their own terms.

Verizon announced its own open access program in late 2007, before the auction (where it eventually won the C Block in question) got underway. Other carriers have also pledged to be more open, and Sprint even launched a WiMAX unit pledging completely open access to all devices, applications, and content.

CTIA believes that wireless is a fully competitive market which needs no such government mandates. The open access rules applied only to the 22MHz C Block up for auction, so it wasn't as though the rules were industry-wide, or would even affect Verizon's other spectrum holdings. But they would set a precedent, and companies like Skype have been pressing the FCC to embrace full "wireless network neutrality" and extend similar rules to the entire wireless data market. CTIA certainly does not want to see anything that dramatic happen.

Just before the first detailed briefs of the case were due, though, CTIA voluntarily dismissed the case on November 7. (Pity Council Tree Communications, Inc, which filed a 9,993-word brief with the court the very next day; wasted effort, it appears.) The issue appears settled.

Without any word yet on how might run the FCC under an Obama administration, it's too early to guess whether the agency might prove more sympathetic to Skype's argument that wireless shouldn't be allowed to block, discriminate, and degrade any more than wireline networks.

Recent FCC approvals of deals between Verizon/Alltel and Clearwire/XOHM have shown that the agency is not indiscriminately throwing its open access rules around, as both were approved without such conditions. Clearwire has pledged to voluntarily abide by similar rules, and Verizon has poured plenty of effort into openness, so perhaps the FCC thought it wise to simply let the market take its course this time.

In any event, when the agency does decide to write open access into its rules in the future, it will have precedent on its side.