Verizon Wireless has withdrawn its appeal of the FCC's 700 MHz spectrum auction's open-access rule, but CTIA quickly took up the reins and filed a similar complaint in the U.S. District Court of Appeals for the District of Columbia Circuit. Verizon Wireless withdrew its suit because the court denied its motion for expedited treatment.
"In challenging the 700 MHz order, petitioner does not seek to delay or overturn the results of any auction," CTIA told the court. "Petitioner does, however, seek to overturn certain aspects of the order that are at odds with prior commission rulings and with the realities of the competitive marketplace for wireless services."
In particular, CTIA is looking to overturn the open access restrictions on 22 megahertz of the spectrum. It argues the rules for use of those blocks go against previous FCC rulings and are not realistic in the US wireless market.
For more on the lawsuit:
- read this article from RCR News
- take a look at this post from Phonescoop