The FCC revised its auction attribution rules, saying the determi...

of the IRS Code or by adhering to the co-op principles enumerated in Puget Sound Plywood v. Comr. of Internal Revenue. The FCC action was in response to an NTCA petition seeking to clarify a rule that determined how co-ops were granted a limited exemption from the auction attribution rules. The FCC had revised its rules so affiliates of a co-op’s officers and directors wouldn’t count against the co-op to determine whether it was eligible for auction bidding credits. But the exemption was only available to co-ops that satisfied all components of a “3-part test,” including procession of tax-exempt status. “The problem with that is that cooperatives can provide service to non-members [and] can also set up subsidiaries,” NTCA Senior Regulatory Counsel Jill Canfield told us: “Those things don’t really affect the cooperative, but… could make the cooperative no longer tax-exempt.” In its Jan. 31 order, the FCC granted a petition for reconsideration filed by NTCA and other rural carriers, admitting that the tax-exempt element of its 3-part test could prevent legitimate telephone co-ops from taking advantage of bidding credits. NTCA applauded the decision, which it said eliminated “an anomaly” in its competitive bidding rules that “threatened the ability of rural telephone cooperatives to provide new and advanced wireless telecommunications services to rural areas.” It said the ruling would help ensure NTCA member co-ops have access to bidding credits at future spectrum auctions. FCC Comr. Adelstein said in a statement he was “very pleased” with the decision, which he said would “promote the interests of cooperatives in expanding the scope of their telecommunications services while still ensuring that the benefits of this important exemption are limited to bona fide cooperatives.”