Verizon is to sue federal regulators in the US over plans to allow open access to the 700MHz spectrum that is being auctioned off next year.

Under the original rules of the auction, consumers wanting to use the spectrum would be allowed to use any device or software they choose.

Verizon's suit (PDF) refers to such practices as "capricious" and claims that they violate the US Constitution.

"Verizon Wireless seeks judicial review on the grounds that the Report and Order exceeds the Commission's authority under the Communications Act of 1934, violates the US Constitution [and] the Administrative Procedure Act, and is arbitrary, carious, unsupported by substantial evidence and otherwise contrary to law," the suit reads.

"Verizon Wireless challenges that part of the Report and Order which adopts what the Commission refers to as an 'Open Platform for Devices and Applications' mandate as part of its service rules for the C Block of spectrum in an upcoming 700MHz auction."

Verizon is looking to uphold its right to dictate to consumers what handsets and services can be accessed on the network.

Meanwhile, technology firms like Google have been lobbying hard for the right to offer a range of competing services to consumers and letting the market decide.

"The nation's spectrum airwaves are not the birthright of any one company," Chris Sacca, Google's head of special initiatives, wrote in his blog.

"They are a unique and valuable public resource that belong to all Ame ricans. The Federal Communications Commission's auction rules are designed to allow US consumers, for the first time, to use their handsets with any network they desire, and download and use the lawful software applications of their choice."