Sen. McCain (R-Ariz.) appeared to weigh in Fri. on side of mobile...

petition for ATC would be in line with Communications Act. “As you know, Congress has mandated that FCC spectrum licensing in almost all cases be performed through auctions,” McCain told Powell. Competitive bidding system is designed to ensure spectrum is given to parties that value it most highly and to compensate public for its use, he said. “The Commission has previously implemented this requirement by concluding that, where multiple parties seek to use satellite spectrum to provide terrestrial services, the terrestrial use rights must be auctioned.” McCain said his letter reflected “my own concerns on this important question of public policy.” He told Powell he didn’t write on behalf of any party participating in proceeding at FCC. CTIA has petition pending before Commission that seeks reallocation of MSS spectrum based on arguments that service wasn’t available and terrestrial carriers had need for spectrum to be available at auction. New ICO has argued that proposed terrestrial service would be “ancillary” to its mobile satellite offering and wouldn’t change fundamental underpinnings of its use of satellite spectrum. While CTIA still opposes grant of ATC authority to MSS licensees, it proposed “gating” criteria to FCC last week if agency approved New ICO request. McCain noted in letter that MSS operators had asked FCC to grant ATC request so they could roll out services to rural areas. He said he supported deployment of new wireless services in those areas. “As you have stated in a similar context, however, ‘[I] cannot support an equitable concern trumping the auction regime Congress created in the statute, or the value of allowing other competitors to vie for a chance to offer service to the public,'” McCain wrote.