I don't know if GSM phones check with a database to see if they are allowed to connect to the access point when listing networks.
What is claimed in the patent is doing ALL of the following in a single product:
- Scanning for access points or looking them up from a storage medium
- Looking up access rights for the access points from a database
- Listing access points to the user, where access points belonging to the same provider are shown as a single item.
Some claims ar more specific, but i think doing only 2 of the 3 things above should not count as infringement or prior art.
Disclaimer: My knowledge of patent law is by reading slashdot. And patents are generally harder to understand than obfuscatet perl-scripts.