Verizon Wireless, taking exception to the FCC’s rule that licensees of a key segment of the 700 MHz spectrum must allow any device access to the network and any application on those devices, has sued to get the provision dropped (document here). 

Verizon Wireless’ suit argues the FCC has no authority to make the rule, which the company called “arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to law.”

The FCC included the provision as a means of opening cellular phone networks to potential participants in the market such as Google or Skype. It would break the tight control cellular providers have over their own networks.