Council Tree Communications urged FCC to craft compromise on 700 ...

that some delay of Auction 31 [upper band] is warranted, it should not also forestall opportunities for smaller bidders in Auction 44,” Council Tree told FCC last week in ex parte filing. At our deadline, Commission hadn’t issued decision on CTIA request to delay both upper and lower band auctions now set for June 19. CTIA filed application for review of Wireless Bureau decision to keep auction dates intact. House last week passed, under suspension of rules, legislation sponsored by Commerce Committee Chmn. Tauzin (R-La.) that would delay 700 MHz auction indefinitely. Sens. Ensign (R- Nev.) and Kerry (D-Mass.) are sponsoring similar legislation in Senate, where Sen. Stevens (R-Alaska) last week introduced contravening bill that would compel FCC to hold auctions as scheduled. “The Commission should not let Auction 44 follow the path of Auction 31,” Council Tree told FCC last week. “The Commission must make clear that Auction 44 will proceed without material delay.” Council Tree, which was among backers of NextWave re-auction bidder Alaska Native Wireless, told FCC that many smaller bidders might be interested in lower 700 MHz band -- 12 MHz blocks for service in metropolitan statistical areas and rural service areas. “There are 734 such licenses to be offered in Auction 44, representing only 12 MHz of the total 78 MHz allocated for commercial use in the 700 MHz band,” company said. But carrier still backed 30-day delay for lower band auction, including short-form filing, upfront payments, auction date. Additional time would “permit prospective bidders to regroup in the wake of the recent material scheduling uncertainty,” Council Tree said. It argued that because lower band of 700 MHz was more fragmented, that spectrum was not as useful for 3G services that larger national carriers were planning. Rural Telecommunications Group (RTG) told FCC Chmn. Powell last week in letter that competing bills in Senate had that chamber “deadlocked.” RTG said: “Compromise is unlikely in the time that the statutory deadline must be met by the Commission. If the Commission were to take its action on the basis of conflicting bills, the intent of Congress reflected in enacted legislation could easily and repeatedly be contravened, and the work of the agency and this Administration would become meaningless,” RTG said.