"Action now is especially necessary given the long lead time typically required for software applications developers and device manufacturers to design, develop and deploy their products to the public, as well as the uncertainty Verizon has introduced publicly regarding its compliance with the open-access obligations," Google's attorneys explained.

Verizon's 'Two-Door' Stand

In testimony before Congress last month, FCC Chairman Kevin Martin reaffirmed the intent of the open-access rule governing one-third of the spectrum offered during the FCC's auction.

"Consumers will be able to use the wireless device of their choice on those networks and download whatever legal software or applications they choose onto it," Martin told the House Committee on Energy and Commerce. "It will spur the next phase of wireless broadband innovation -- innovation that can make us more productive, keep us entertained, and improve our quality of life."

However, Google is clearly worried that Verizon may have other plans. Google's petition cites a letter that Verizon reportedly submitted to FCC secretary Marlene Dortch in September that stakes out an entirely different position.

"The commission should not force C Block licensees to allow any and all lawful applications to be downloaded to any devices that licensees provide, including devices that are not configured to accommodate any and all applications," Verizon's letter said.

If allowed to stand, Verizon's position would reverse the meaning of the rule in such a way that the open-access condition would apply to none of Verizon's customers, Google's lawyers maintained.

"The commission will best promote its goals by reiterating those obligations and rejecting, at the time of license grant, Verizon's so-called 'two-door' position regarding these obligations," Google's lawyers said. "Verizon cannot be allowed to become a C Block licensee while it simultaneously seeks to undermine a core public-interest obligation of C block licensees."

Contrary Signals

Last November, Verizon appeared to be moving toward a more open network posture when it announced an "open development initiative" under which any device that meets the minimum technical standards would be permitted on the carrier's existing wireless network. However, industry observers once again began questioning the extent of Verizon's open-access commitment after the carrier launched an unsuccessful challenge to the legality of the provision before the U.S. Court of Appeals for the D.C. Circuit.

Google notes that the same legal argument continues to be championed by the CTIA mobile industry trade organization, of which Verizon is a member. From Google's perspective, the prospects for its Android mobile-device platform would be greatly diminished should Verizon's two-door policy be allowed to prevail.

"The question of whether Verizon's C block network will be open to any applications on any device has an enormous impact on would-be customers, software applications developers, equipment manufacturers, service providers, investors, and others having a substantial interest in the prompt development of an 'open' C Block network," Google's attorneys said.