You're allowed to use network if the user has configured it but beyond that if the user has not used the built in networking tools to establish a connection AIR isn't going to auto-connect to any network. I only have an iPad3/iPhone4S but both of those by default will connect to an open (non-protected) network by default after promting the user.
After the user establishes a connection to the network they can specify to use that network any time it's in range. All my iOS (iPad 1/2/3, iPhone 4S, iPod) connect to my wifi automatically.
