According to a report from RCRNews, the U.S. Court of Appeals for the District of Columbia Circuit has decided not to fast-track the Verizon Wireless lawsuit against the FCC's open access provisions in the upcoming 700 MHz auction. The carrier argued for an emergency motion on the suit, claiming that the matter needed to be settled before the auction takes place on January 16. Both the FCC and Frontline Wireless argued that other lawsuits related to the auction are probably in the works, and all pertinent suits should be handled together.
Also, FCC Chairman Kevin Martin broke his silence regarding reports that he was trying to rescind the open access provisions of the auction, following a meeting with Verizon Wireless: He says he wasn't trying to rescind them.
"I don't think that in any way I'm moving away from the open-access requirement that prohibits the network operator from discriminating against content or applications," Martin said. Instead, the chairman said his maneuverings were an effort to clarify the open access stipulations to reflect the views of the Media Access Project. The group said it never asked for a clarification and that none was needed.
For more on the ruling:
- read this article from RCRNews
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Martin tries to scale back open access provisions
AT&T supports Martin's plan; Verizon: It's "rigged"