‘It would be a shame if the government would choose to perpetuate...

its entirety as part of the solution to future spectrum problems,” CTIA Pres. Tom Wheeler told reporters Mon. He responded to auction question in press briefing that outlined CTIA’s semiannual wireless industry survey: “I am about as much of a political realist as you can find. I am saying that if you split the bands, you are going to be limiting your options going forward. The best policy is to delay the 700 MHz auctions period and not to come up with Solomon-like decisions of cutting babies in half.” Meanwhile, discussions still appeared to be under way on Capitol Hill that could spell out potential compromise, although time was running short before Congress recesses Fri. for Memorial Day holiday. Rural Telecommunications Group and National Telecom Co-op Assn. have shifted away from position in which they had entertained possibility of keeping June 19 date for rural service and metropolitan statistical areas in lower band while economic area group licenses from lower band would be added to Ch. 60-69 bidding, and that upper band auction would be delayed beyond June 19. Rural telecom groups no longer are backing any kind of split and want both auctions to be held on time. In past, several rural interests had expressed most concern that auction for 734 MSAs and RSAs move forward on time, so shift toward advocacy of delay on no part of auctions was subtle but important one, source said. One concern has been time it would take to put software changes in place to allow that type of division of licenses to go forward at different times, several sources said. Office of Sen. Ensign (R-Nev.), who is sponsoring bill to delay auctions along with Sen. Kerry (D-Mass.), is said to be interested in compromise that would pull out C-block licenses from lower band and hold upper band auction at later date while keeping lower band auction relatively intact (CD May 20 p6). FCC is expected to issue public notice as early as today (Tues.) announcing short-form applications for auction that it had accepted for filing. Upfront payment date for prospective auction participants is May 28 and typically short-form public notice is released about one week before that deadline. Short-form applications include financial information on prospective bidders and details on which licenses they will seek. One step FCC could take would be to provide short delay of May 28 upfront payment deadline because that wasn’t statutorily mandated date, industry observer said. Prospects for congressionally backed compromise still weren’t clear at our deadline Mon., although talks appeared to be continuing on Hill. CTIA last month filed application for review of FCC Wireless Bureau decision to keep June 19 date for both auctions. “I think there is a very real legal argument,” Wheeler said. He said Sec. 309(j) of Communications Act required Commission to give bidders opportunity to prepare adequately for auction. “How do I know how to prepare right now if I have to put my money down on the 28th and today I don’t know whether there’s going to be an auction or not? How can I possibly prepare?”