Verizon Wireless is suing the Federal Communications Commission, asking a federal court to overturn open-access rules that the FCC is imposing on the winner a wireless airwave auction set for this winter.

The FCC’s¬†auction rules specifiy that:

• You should be free to download and use any software applications or content they desire; and
• You should be free to use your wireless communications device with whatever wireless network you want

The two elements of freedom outlined in the auction rules are a threat to traditional carriers, because you could choose to use Internet phone services to make your long distance calls, instead of paying for long-distance from carriers.

In a lawsuit filed on Monday, Verizon Wireless asked the U.S. Court of the Appeals for the District of Columbia to strike down the FCC conditions.

“The nation’s spectrum airwaves are not the birthright of any one company,” responded Google, which has pushed openness in the auction rules. “They are a unique and valuable public resource that belong to all Americans. The FCC’s auction rules are designed to allow U.S. 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.”

The auction is set to pit traditional carriers, which have thrived on limiting your choices, with the tech industry, which sees open wireless spectrum as a new opportunity to expand further into mobile Internet media.