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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.'"

16 of 115 comments (clear)

  1. Verizon. by Anonymous Coward · · Score: 5, Insightful
    You mean we don't have to use devices restricted to Verizon's crippleware?

    > Under the FCC's rules, whoever wins the spectrum auction must allow consumers to use any device and any lawful application on their networks.

    No wonder they're pissed.

    Verizon: We never stop working... for ourselves.

  2. no suprise by Lumpy · · Score: 4, Insightful

    Verizon has always been about lock in and keeping away choice. That is why they never wanted to go with a sim card based cellphone system. it eliminates your ability to buy a unlocked phone and activating it without them getting their "fees" in their sideways.

    Verizon wants you to do it their way, and really wants to force it upon you. when they bought GTE they tried to treat landline customers the way they treated cellular customers, they got nailed hard in court over that one.

    --
    Do not look at laser with remaining good eye.
    1. 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.

      --
      You are not alone. This is not normal. None of this is normal.
  3. Surprise! by fishthegeek · · Score: 4, Funny

    Can you hear me now? No? Good.
    Can you hear me now? No? Good.

    --
    load "$",8,1
  4. "for the consumer!" by SuperBanana · · Score: 3, Interesting

    '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.'"

    That's pretty funny, coming from a company which prohibited its Adword customers from discussing anything about the Adwords program with others.

    Google late paying you one month? Don't post anything about it on your website, or boom, you weren't a customer anymore. I took a quick glace through the terms and couldn't find it; maybe they finally nix'd it.

    PS: We're not CONSUMERS. We are PEOPLE, who MAY be CUSTOMERS.

  5. Wahhh by RevHawk · · Score: 5, Insightful

    Hey Verizon? Too bad. You don't own anything. The airwaves are OURS, no matter what our corrupt FCC/DOJ want to lead you to believe.

  6. Writer not from Slashdot by tkrotchko · · Score: 4, Funny

    "Once again, it is American consumers who lose from these tactics."

    I'll bet a couple of people around here were wondering how they misspelled "loose".

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  7. Running Scared by aldheorte · · Score: 4, Insightful

    This shows you how scared the carriers are about these rules and Google getting hold of the bands.

    Verizon's move vacates its primary contention. The open access rules are going to make the bidding intense because those who want to keep the other two open access rules off the table are going to being bidding heavily. Moreover, it is quite likely that Verizon and others will, if the two existing open access rules stick, attempt to buy up the bands and then simply not build or activate the infrastructure, thereby trapping consumers into the other bands where they are not subject to these rules.

    Point being, this is sleight of hand. Their real move is going to be trying to buy the bands and keep them dark. Therefore, the bands are worth more with these rules in place than without and Verizon's contention that the FCC is disenfranchising the government of revenue by adding these rules is void.

    1. 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.

    2. Re:Running Scared by gravos · · Score: 3, Insightful

      I don't think you guys are giving the parent enough credit. Verizon may follow the letter of the agreement, but they certainly wouldn't follow the spirit.

  8. Re:I dont' like companies like Verizon by IndustrialComplex · · Score: 4, Insightful

    Write down your complaints into a letter to give to Verizon when you do terminate. Like what they are doing now or not, you did sign up with them for a contract.

    If it makes you feel any better, I'm in the same boat until March. I do plan to terminate my service with them primarily on their constrictive practices. What I find particularly distasteful is that they push legislation that practically makes it a legal requirement to bleed their customers with fees. Fees that seem to inevitably return to Verizon's pockets.

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  9. Re:I dont' like companies like Verizon by lb746 · · Score: 4, Insightful

    Try and find a place where your phone is roaming in another network, but covered by your "nation wide roaming plan". Generally your phone will show something like "Cingular network" on the phone. Make a phone call from that area during your "free nights and weekends minutes", and just leave that phone on as long as you can in that area. I actually went as far as to put my phone into a ziplock bag on vibrate and hid it in some bushes so it could sit there until the battery died. I could go daily to pick it up before work and drop it back off after work. Within 2 weeks my contract was canceled by Verizon without any termination charges.

  10. A good example here by Whuffo · · Score: 3, Insightful
    This situation presents a case study: will American courts protect the public interest, or will they sell us out to corporate interests again?

    If any of you ever felt like you might want to write some letters or make some phone calls, this would be a good time. Keep in mind that Verizon won't be hurt in any way if they don't get this frequency band. It's you and I that'll get hurt if they do...

  11. 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.

    --
    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.
  12. Re:no suprise-DETAILS PLEASE by Anonymous Coward · · Score: 5, Informative
  13. Selling spectrum is short sighted idea by cozytom · · Score: 4, Insightful

    The future is coming fast, and the sold spectrum is a problem.

    Imagine the day you are carrying a little device in your pocket. This device is an all in one thing. It has a software defined radio in it, a reasonable sized display (3in diagonal maybe, 800x600 pixels?), some kind of keyboard, a microphone and a speaker. You can make phone calls, instant message, and almost any other form of communication. The infrastucture is WiFi, WiMax, CDMA, GSM, 3/4G, point to point, HDTV, AM, FM, XM, Sirius, GPS, pager, bluetooth and zigbee on whatever frequency is appropriate (remember software defined radio, it can do all of this in software).

    You pick up the device, it has an address. You wish to communicate with someone else, they have an address. The device knows them, and their address. Through the infrastructure, Your device can find their device, picking the most suitable communication mechanism available. If they are in the same room, it'll do point to point, if they are in the same building, it'll do WiFi. Across town, maybe your device will do CDMA, and theirs will do GSM. Want to send email to someone, it'll figure out a route.

    The only way this will work, is opening up everything. The spectrum, especially will have to be unencumbered (not owned). The carriers will have to act like carriers, accepting these all purpose devices, without a monopoly.

    Sure verizon and ATT will scream, it isn't good for anyone. But actually it will work in their and our best interest. Their infrastructure could be more efficiently used (won't have to handle calls to the guy in the next cube). Sure we may have to pay what it costs to utilize their network instead of a flat fee, with silly gimicks. Initial purchase price will a little high (device not bundled with the service). They won't have to service the devices, or they could, if they build their own.

    To get here, the spectrum that has already been sold will have to be returned to the rightful owners (us), and that will be expensive!!! The government could claim eminant domain, but that would probably be even less popular, and the lawsuits would probably cost even more money. We need to stop selling spectrum NOW!