When the Federal Communications Commission issued its final set of rules for the upcoming 700MHz spectrum auction, reaction was mixed. Open access proponents were disappointed that the FCC failed to include all four of Google's open access suggestions, while the telecoms bemoaned the fact that two of them were included. Verizon is taking its irritation over the FCC's rules to the courts, asking the US District Court of Appeals for the DC Circuit to set them aside.

Under the FCC's rules, whoever wins the spectrum auction must allow consumers to use any device and any lawful application on their networks. After the FCC's decision, Verizon quickly made its position clear. "Imposing any such requirements in the competitive wireless market would reduce the revenue the government will receive from the spectrum auction and limit the introduction of new and innovative wireless services," the company said shortly after the announcement. Despite that, Verizon appeared as though it would go along with the FCC's decision.

As one might expect, the sticking points for Verizon are the two open access rules adopted by the FCC. The telecom is asking the appeals court to vacate the FCC's open access requirements but leave the rest of the auction rules intact. In its petition for review, Verizon argues that the FCC exceeded its authority in mandating the two open access conditions, accusing the Commission of being "arbitrary" and "capricious" and saying that the rules are "unsupported by substantial evidence and otherwise contrary to law."

Ars contacted Verizon for comment on the filing but was told by a company spokesperson that it would not comment further beyond the appeal.

Google, which has indicated that it plans to participate in the auction, was critical of Verizon's lawsuit. In a statement released in response to the legal action, Google criticized Verizon, saying that it "doesn't think consumers deserved more choice" than they currently have.

"It's regrettable that Verizon has decided to use the court system to try to prevent consumers from having any choice of innovative services," wrote Chris Sacca, Google's head of special initiatives. "Once again, it is American consumers who lose from these tactics."

The auction is currently scheduled to begin on January 16, 2008. It is hoped that the result will be a real alternative to the current cable/DSL broadband duopoly. The 700MHz spectrum is prime wireless real estate, as signals of that wavelength have a far reach and can easily penetrate buildings.