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Verizon Sues FCC over 700MHz Open Access Rules

Carterfone writes "Verizon is upset at the open access conditions for the 700MHz spectrum auction, and they're going to court to get them overturned. The company has filed a lawsuit in the Court of Appeals for the DC Circuit, urging the court to overturn the rules. '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." Google is critical of Verizon's lawsuit: 'It's regrettable that Verizon has decided to use the court system to try to prevent consumers from having any choice of innovative services. Once again, it is American consumers who lose from these tactics.'"

6 of 115 comments (clear)

  1. Re:Fight against Verizon by ZombieWomble · · Score: 2, Informative
    $181,692 for the Times, http://www.nypost.com/seven/09132007/news/nationalnews/times_gives_lefties_a_hefty_di.htm>apparently*. Of course you'd have to convince them to take it though, since I think Verizon may not appreciate the ad, and may offer the potential for greater profit in the future than a handful of angry technies complaining about something most people are blissfully unaware of.

    * - this was just picked as the first result I got for the search for the price. No need to pay too much attention to the content.

  2. Re:Running Scared by Anonymous Coward · · Score: 2, Informative

    They wont be able to keep the bands dark. If you read the development rules, they are required to do several billion dollars worth of Public Safety and emergency band build out over the next 10 years. I don't think any of these companies have the chops to spend $5B or more for band width, $5-$15Bn more on federally mandated build out and not put them to use.

  3. Re:Running Scared by Anonymous Coward · · Score: 5, Informative

    They can't do that. The auction already has a build-up clause. The winner of the auction must build up infrastructure (or convert existing owned infrastructure) to deliver to a certain percentage of the population within 2 years, and then a larger one in 5 years - don't remember the numbers off the top of my head. I believe if they fail to do so, they lose their ownership of the band, or at least heavy penalties until they build it out.

  4. Re:no suprise by squiggleslash · · Score: 3, Informative

    IS-95/CDMA2000 has supported R-UIMs, the Qualcomm equivalent of the SIM card, for about five years now, but Verizon doesn't issue R-UIMs. They can provide them, they choose not to.

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    You are not alone. This is not normal. None of this is normal.
  5. Regrettable but predictable by snowwrestler · · Score: 4, Informative

    Ask the CLECs about Verizon's willingness to abuse the courts to get what they want. 10 years after passage of the 1996 Telecomm Act, the unbundling rules were finally finalized. But only because Verizon finally stopped suing. And they only stopped because they couldn't gut the 1996 Act, or gut broadband competition, any further.

    I hope Google is willing to go to court because this simply will not end. Verizon will sue infinitely to delay the auction if they don't get what they want, and if the auction happens they will sue infinitely to block usage of the spectrum or to block open access. They've proven that nothing is enough for them.

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    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  6. Re:no suprise-DETAILS PLEASE by Anonymous Coward · · Score: 5, Informative