FCC filed opposition in U.S. Appeals Court, D.C., Thurs. to petit...
FCC filed opposition in U.S. Appeals Court, D.C., Thurs. to petition by Central Wyo. College (CWC) and Idaho State Board of Education (SBE) that sought exemption from auction of lower band 700 MHz licenses because they were noncommercial educational…
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(NCE) broadcasters. Last month, D.C. Circuit turned down request by CWC and SBE for emergency stay of auction for licenses at issue in their petition. Those 2 agencies, which operate public TV stations, have said they should have access to spectrum without having to undergo competitive bidding in light of National Public Radio v. FCC decision of D.C. Circuit last year. SBE cited 2001 D.C. Circuit ruling 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. After 2 agencies filed petition in D.C. Circuit, FCC issued order that concluded noncommercial educational broadcasters weren’t eligible to apply for initial licenses in lower 700 MHz band. “Because the Commission has excluded NCEs from eligibility to apply for initial licenses in the lower 700 MHz band, petitioners’ request that the FCC exempt them from participating in the auction for such licenses is moot,” Commission told court in latest filing. FCC said in order rejecting NCE applications for lower 700 MHz auction that allowing such licensees to apply for spectrum in band would create uncertainty about what licenses would be available for auction. As for being moot, Commission argued that petition by CWC and SBE was filed in D.C. Circuit before FCC released lower 700 MHz order that held that such applications weren’t eligible to apply for initial licenses in that band. Because those agencies aren’t eligible to apply for these licenses, question whether auction exemption for certain licenses in Sec. 309(j) of Communications Act would apply was “simply academic,” agency said.