In what could be the opening salvo in a long legal battle, Verizon Wireless has asked a federal court to set aside the Federal Communications Commission’s rules requiring open-access rules for one portion of the 700 MHz spectrum being auctioned beginning in January.

In a filing with the U.S. District Court of Appeals in Washington, D.C., Verizon Wireless says the FCC is exceeding its authority, and says the FCC rule which attaches open-access requirements to a 22 MHz block of spectrum “violates the U.S. Constitution, violates the Administrative Procedures Act … and is arbitrary, capricious, unsupported by the substantial evidence and otherwise contrary to law.” Open access rules allow any device or application to be used on a wireless network, as long as they don’t cause harm.

According to a company spokesman, the filing keeps Verizon Wireless’ options open, in case the decision is made to sue, but is not a lawsuit in itself.

Internet companies such as Google and Skype, as well as consumer advocates, have argued for open access, and AT&T recently joined those ranks as well when it backed FCC Chairman Kevin Martin’s plans, announced earlier this summer, that included an open-access block. Verizon Wireless has been the staunchest defender of the current closed system.

Advocates of the open-access rules believe they provide the best option for increased competition for broadband access and applications beyond the duopoly of cable and telco broadband offerings. The FCC will begin auctioned spectrum in the 700 MHz band which is being reclaimed from broadcast television as it moves to digital distribution.