In the 700 MHz FCC spectrum auction 73, Google 's involvement insured that the spectrum would be Open Access. ATT ducked out of that auction to buy 700 MHz spectrum from Aloha Networks instead. VZW won $9B worth of Googlized spectrum. That is, that the spectrum was supposed to be used for open access. Supposed to be.

So VZW's LTE utilizes that 700 MHz spectrum. Having Android disable tethering is not an Open Access attribute, according to Free Press who filed a complaint with the FCC  against Verizon. "Licensees of the C Block of the upper 700 MHz block, over which Verizon runs its LTE network, may not “deny, limit, or restrict” the ability of their customers to use the applications or devices of the customers’ choosing." This is like a Carterphone moment for the FCC. We'll see how it plays out. [BTW, it's been over 40 years since the Carterphone decision.]

In other cellular news, Ma Bell has to pay back $1 Billion "as part of a class-action settlement stemming from allegations that the carrier improperly levied taxes against customers on mobile Internet access fees, according to attorneys for the plaintiffs in the case."

In cellular rumor, BusinessInsider is saying that Microsoft is buying Nokia's phone business for $19B.

And finally, Sprint lodged a formal complaint with the FCC against the AT&T/T-Mobile merger. Meanwhile, Sprint is trying to ink a deal with Lightsquared and clean up the Clearwire mess.