Verizon (NYSE: VZ) has decided to take its fate into its own hands and challenge the FCC's ruling that the new radio spectrum that it will auction must be open to new devices and handsets. This runs counter to the old system which allowed carriers to by spectrum and then close it to anything other than the products that they sell consumers.

According to The Wall Street Journal, Verizon "appealed the Federal Communications Commission's rules for a coming radio spectrum auction, charging the agency with exceeding its authority in requiring carriers to open their networks to any devices and cellphone applications." Google (NASDAQ: GOOG) and other companies have lobbied the FCC to allows a portion of the spectrum being offered to be open to "allow any handset to work on its cellular network and let customers download any software applications to their phones."

While the Google position has been popular to software and consumer electronics devices, Verizon kind of has a point. If its spends billion of dollars on spectrum, why should it allow competing product to be offered on its system. It buys the spectrum and then loses money because it cannot control how the spectrum is used.

If the FCC wants open airwaves, that is fine. But, it should donate some of the spectrum to the public and allow companies to develop products and services that will run on it. Requiring companies to buy what they cannot control is almost un-American.

Douglas A. McIntyre is a partner at 24/7 Wall St.