Small Business in Telecommunications (SBT) told 3-judge panel of ...
Small Business in Telecommunications (SBT) told 3-judge panel of U.S. Appeals Court, D.C., Thurs., that many small businesses chose not to participate in 1997 800 MHz specialized radio auctions because of financial uncertainty and because FCC definition of small…
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business was unclear at time of auction. However, when questioned by judges, SBT counsel Robert Schwaninger was unable to name single entity that claimed to have suffered from what SBT termed “uncertainty.” SBT was defending petition for review it filed on 2 FCC orders rejecting company’s petitions for reconsideration of its 800 MHz lower channel report and order and its upper channel report and order. Court said it had no jurisdiction on upper channel appeal since it wasn’t mentioned in SBT’s petition for review. Lower channel appeal dealt chiefly with issue of Small Business Administration approval of small business definition. Judge David Tatel questioned SBT attorney repeatedly, trying to establish, among other things, where in SBT pleadings certain claims made in its petition for review could to be found. All 3 judges said they were unable to find several assertions in SBT’s petition in proceeding’s earlier record.