The company filed a notice in the U.S. Court of Appeals for the District of Columbia on Tuesday to drop the appeal. This is the same court that had previously turned down Verizon Wireless’ effort to have its suit considered on a fast track so it could be decided before the auction in January.
The suit had attempted to require that the FCC drop its open-access conditions. In late July, the governmental body had voted 4-1 to approve Chair Kevin Martin’s plan for adding open-access rules to a portion of the frequencies to be auctioned.
His plan required that consumers be allowed open choices as to which devices they select for use on those frequencies, as opposed to the current “locked” system in the U.S., where carriers control which devices and apps are available. It also required that third-party applications be allowed, assuming they weren’t viruses or other malware.