The received wisdom last month was that the carriers wouldn't challenge the 700 MHz auction rules because they wouldn't want to be seen as getting in the way of the DTV transition.

The received wisdom was wrong.  Thanks to FreePress for the word that Verizon Wireless has filed a petition in the D.C. Circuit claiming that the "open platforms for devices and applications" portions of the auction rules (the "no locking, no blocking" rules):

Just as a guess, I'd say that VZ Wireless intends to claim that, as in Fox v. FCC, the Commission simply invented these rules (which are a change from the way the wireless carriers have been allowed to act to date) without having enough evidence on which to do so.

And they'll also claim that wireless carriers are "speakers" under the First Amendment and should not be compelled to allow applications and devices to attach to their networks.

They'll probably also claim that there was inadequate notice of these (hardly dramatic) new rules - something like that - and that that violated the Administrative Procedure Act.

The "exceeding authority" idea is interesting.  The last well-known case that questioned the FCC's authority to regulate anything that had something to do with communications was the D.C. Circuit's broadcast flag opinion in the early summer of 2005. 

So we're in for some delay.  The very modest, much-less-than-halfway measures taken by the Commission are under attack - which shows how vitally uninterested these incumbents are in having their business models undermined.  Even for a tiny piece of spectrum. Even when they already have all the frequencies they need.  This will be well worth paying attention to.