The 10th U.S. Circuit Court of Appeals rejected arguments by Council Tree, which sought to overturn the results of the 2008 700 MHz auction. Council Tree, a designated entity, sought review of two commission orders, its D-block waiver order issued in 2007 and its waiver reconsideration order issued in 2012. “Council Tree filed a Petition for Reconsideration of the Waiver Order (the ‘Waiver Reconsideration Petition') with the FCC in 2007, as well as a Supplement to the Waiver Reconsideration Petition (the ‘Supplement') in 2011,” the court said (http://1.usa.gov/1gxAbyS). “In its Waiver Reconsideration Order, the FCC dismissed the Waiver Reconsideration Petition as moot and dismissed the Supplement as untimely. ... We dismiss Council Tree’s petition, as it pertains to the Waiver Order, and deny its petition, as it relates to the Waiver Reconsideration Order.” Judge Jerome Holmes wrote the decision for a united panel. In 2010, the 3rd U.S. Circuit Court of Appeals found problems with the FCC’s revised designated entity rules used during the auction, but let the auction results stand (CD Aug 25/10 p1).

A New York Times editorial raised concerns about reports that Sprint will make a bid early this year for T-Mobile US. The editorial board said T-Mobile is a real competitor. “Its phone plans are often much cheaper than comparable packages offered by other cellphone companies,” the editorial said (http://nyti.ms/18ZWxsR). “It no longer forces customers into two-year contracts; its subscribers can switch to another wireless firm whenever they like. And it slashed the high international roaming charges it levies on calls customers make when they are traveling abroad and eliminated roaming charges for text messages and Internet service.” The editorial notes that in 2012 the government intervened to keep AT&T from buying T-Mobile. “It is hard to imagine that any cellphone company would have been as aggressive as T-Mobile if the administration had allowed AT&T to buy the company. The logic that the government used to step in still holds today, and antitrust regulators should look closely at any proposal that would reduce competition in the wireless business."

Public safety agencies asked the FCC to grant a request by the International Association of Auto Theft Investigators (IAATI) for a limited waiver of FCC rules so some anti-theft devices already installed in vehicles wouldn’t have to move to narrowband frequencies by a May 27, 2019, deadline (CD Dec 18 p10). LoJack manufactures the anti-theft devices most commonly installed in vehicles in the U.S. “The LoJack Vehicle Locator Units in our front line vehicles have assisted in the recovery of thefts of vehicles and equipment,” said the city of Cleveland Department of Public Safety (http://bit.ly/1eTJ8oK). Washington State Patrol said it recovered 10 LoJack-equipped stolen vehicles in 2012 and 12 in 2013, as of Dec. 6 (http://bit.ly/1fYO6Ns).