Verizon Wireless has filed a lawsuit to block some innovative airwave auction conditions recently adopted by the Federal Communications Commission aimed at spurring new competition and innovation in wireless devices and services.

The conditions would require the winning bidder on a slice of prime airwaves to be auctioned off next year to build a network that would be open to virtually any wireless device or application. That would be in sharp contrast to the so-called "walled garden" approach now taken by big wireless companies such as Verizon, where the carrier keeps a hammerlock on the devices and applications that can be used on their networks.

Verizon and AT&T, the two titans of the the U.S. wireless market, initially blasted the rules when they were proposed by FCC Chairman Kevin Martin earlier this year. AT&T dropped its public opposition after the conditions were softened considerably by the FCC. Verizon at first threatened to sue the agency over the conditions, but said it would not oppose them after they were softened by the FCC.

But now Verizon has decided to sue the FCC, charging the agency overstepped its authority in adopting the conditions, even though they were much weaker than those originally proposed by Martin. In its lawsuit Verizon called the conditions "uncontitutional," "capricious and arbitrary" and a bunch of other nasty things that corporate lawyers like to toss around when their client doesn't get its way with a government regulator.

All the legal mumbo jumbo aside, what this really comes down to is that Verizon Wireless loves its "walled garden" network and the huge profits it generates.

The idea of truly competing in an open market like the one the auction conditions could potentially create quite literally scares the hell out of Verizon -- and it should. Wireless consumers would dump their their current providers in droves were it not for long-term contracts, locked handsets, huge early termination fees and other anti-consumer tactics utilized by Verizon and other big wireless companies.

In a recent Consumer Reports survey, nearly half of the consumers responding said they would change their current provider were it not for early termination fees and other anti-consumer tactics used by the industry.

At the minimum, it appears Verizon's lawsuit could throw a wrench into the upcoming airwave auction. That would be unfortunate because it is just about the only thing on the horizon which might force Verizon and the other big wireless providers to drop their shameful anti-consumer tactics and actually compete.