The litigation begins
The received wisdom last month was that the carriers wouldn’t challenge the 700 MHz auction rules because they wouldn’t want to be seen as getting in the way of the DTV transition.
The received wisdom was wrong. Thanks to FreePress for the word that Verizon Wireless has filed a petition in the D.C. Circuit claiming that the “open platforms for devices and applications” portions of the auction rules (the “no locking, no blocking” rules):
exceed the Commission’s authority under the Communications Actviolate the United States Constitution
violate the Administrative Procedure Act
and are arbitrary, capricious, unsupported by substantial evidence and otherwise contrary to law.
Just as a guess, I’d say that VZ Wireless intends to claim that, as in Fox v. FCC, the Commission simply invented these rules (which are a change from the way the wireless carriers have been allowed to act to date) without having enough evidence on which to do so.
And they’ll also claim that wireless carriers are “speakers” under the First Amendment and should not be compelled to allow applications and devices to attach to their networks.
They’ll probably also claim that there was inadequate notice of these (hardly dramatic) new rules - something like that - and that that violated the Administrative Procedure Act.
The “exceeding authority” idea is interesting. The last well-known case that questioned the FCC’s authority to regulate anything that had something to do with communications was the D.C. Circuit’s broadcast flag opinion in the early summer of 2005.
So we’re in for some delay. The very modest, much-less-than-halfway measures taken by the Commission are under attack - which shows how vitally uninterested these incumbents are in having their business models undermined. Even for a tiny piece of spectrum. Even when they already have all the frequencies they need. This will be well worth paying attention to.
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“which shows how vitally uninterested these incumbents are in having their business models undermined.”
As a so-called ICANN/IANA Director (unelected and planted by Esther Dyson and others) do you find that ICANN is “vitally uninterested” in having “their business models undermined”?
Do you also find that the so-called RIRs are “vitally uninterested” in having “their business models undermined”?
Do you also find that the various secret societies ICANN funds
[via preferential contracts] are “vitally uninterested” in having “their business models undermined”?
What do all of these non-profit public benefit QUANGOs do with the
tens of millions of dollars that continue to grow in their reserve
accounts ?
Is any of that money spent on automation or technical projects
that might produce alternative approaches that could “undermine”
the existing business models ?
When people hear about Security and Stability is that really just
Job Security and Funding Stability ?
What on Earth would ICANN Staff do all day ? If staring at the wall
watching the paint dry is the main assignment, how long could a
rational person play that charade ? or, do ICANN Staff just work at
home on other projects of interest and cash their checks laughing
alll the way to the bank ? Would that make them vitally uninterested
“in having “their business models undermined”?
What ICANN services are provided to benefit the public for $50,000,000 per year ?
As an ICANN Director, are you “vitally uninterested” in posting anything
of substance about ICANN ?
Where again are those policies and processes to obtain a /8 from the
so-called IANA ?
As an ICANN Director, do you review any of the IANA Staff activities ?
When was the last time you were in the ICANN main offices ? Do the
majority of ICANN Staff come to the office each day ? As an ICANN
Director, do you review what the ICANN Staff does each day or month?
As an ICANN Director, would you be surprised to find that many of
the ICANN Staff mostly play on the Internet and plan for their next
vacation trip paid for by ICANN ?
[…] Verizon dropped its legal challenge to the 700 MHz auction rules. I have a feeling they’ve decided that there are ways to work […]