FCC filed in opposition at U.S. Appeals Court, D.C., late Mon. to...

eligible to be exempt from auction of lower 700 MHz band because they were seeking spectrum for noncommercial educational broadcasting. Two agencies filed at D.C. Circuit last week after FCC didn’t act on June 12 request for similar action on auction that starts Wed. (CD June 17 p1). Central Wyo. and Idaho board sought partial stay that would affect only licenses in their state that they sought as part of lower 700 MHz auction. Commission argued that even partial stay of auction “would cause substantial harm” to many carriers that had qualified to participate. “The court should deny this last-minute motion to stay an important FCC auction that has been scheduled for more than three months,” agency said: “The motion was filed just 3 business days before the auction is to begin, even though the moving parties knew at least by May 8, 2002, that their plans to apply for this spectrum would be complicated by the scheduled June 19 auction date.” Commission also said 2 state agencies hadn’t shown that harm they might suffer if bidding went forward as scheduled would be irreparable. FCC said award of any licenses as result of auction would be subject to resolution of any pending petitions for review and “therefore could be undone if necessary.” Both state agencies were found not eligible to participate in auction by FCC Wireless Bureau. Bureau said licenses selected by these agencies are subject to resolution of pending issues raised by their applications, including determination of whether applicants for such licenses are noncommercial educational broadcast stations under provisions of Communications Act that stipulate competitive bidding authority doesn’t apply to such stations. FCC said in filing it decided on its own motion last week that noncommercial educational broadcasters aren’t eligible to apply for initial licenses for new services in lower 700 MHz band.