FCC Wireless Bureau dismissed as moot requests by Central Wyo. Co...

D-blocks of lower 700 MHz band is set to start today (Tues.) after Congress passed legislation indefinitely postponing June 19 start of lower and upper 700 MHz band auctions, with exception of smaller licenses in Ch. 52-59 spectrum. In Aug. 23 letter from Margaret Wiener, chief of bureau’s Auctions & Industry Analysis Div., agency turned down requests by CWC and SBE that their short-form applications to participate in auction be accepted and processed outside of FCC’s competitive bidding process. CWC and SBE, state agencies that operate public TV stations, also had sought waiver of requirement that they submit certain financial information to establish their eligibility for bidding credits. In June, U.S. Appeals Court, D.C., turned down request by same state agencies for emergency stay of auction of licenses at issue in FCC petition. They argued they should have access to spectrum without having to undergo competitive bidding in light of D.C. Circuit’s ruling last year in National Public Radio v. FCC. In that decision, court decided that denial of auction authority to FCC was based on noncommercial educational attributes of station that would receive license and not where it operated in spectrum. CWC and SBE cited part of Sec. 309(j) of Communications Act, which indicated FCC’s competitive bidding authority shouldn’t apply to licenses issued for NCEs. In June order, FCC decided NCEs weren’t eligible to apply for initial licenses for new services in lower 700 MHz band, saying that allowing such licensees were allowed to apply for spectrum in band would create uncertainty about what licenses would be available for auction. Bureau letter Mon. said CWC and SBE claims were moot as result of earlier FCC decision that NCEs weren’t eligible to apply for initial licenses in that band. Because CWC and SBE as NCEs weren’t eligible to apply for those initial licenses, Bureau said FCC didn’t have to consider whether Sec. 309(j) auction exemption would apply. Separately, Bureau turned down request for emergency waiver by Coleman County (Tex.) Telecommunications that FCC waive upfront payment deadline for lower 700 MHz auction because its investment broker had failed to transfer funds to FCC in time. Coleman said it had exercised due diligence in making arrangements for wire transfer of funds. Bureau said it was unpersuaded that Coleman laid out circumstances warranting waiver of deadline and that carrier had enough time to meet it. “The Commission has repeatedly cautioned auction participants regarding the importance of planning ahead to account for unforeseen last-minute difficulties,” it said. Coleman also argued that because Bureau had decided to allow qualified bidders not departing from lower 700 MHz auction to augment their upfront payments, that meant deadline was extended for nonqualified bidders. “The Bureau’s actions to maximize competition within the pool of qualified bidders do not alter the limitations the Auction Reform Act imposes on which entities are eligible to participate” in remaining 700 MHz auction, FCC said.