The FCC isn’t violating a Communications Act requirement to act o...
The FCC isn’t violating a Communications Act requirement to act on a proceeding within a year by putting off a decision on AWS-3 band, the National Telecommunications Cooperative Association, OPASTCO and the Rural Telecommunications Group said in a letter…
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Monday to the FCC. M2Z, citing section 7(b) of the law, said in an earlier filing that the commission should have acted no later than Nov. 14, the first anniversary of a notice of proposed rulemaking on the AWS-3 band in the Federal Register. “This docket has no statutory deadline for FCC action: just last year, the Commission decisively rejected M2Z’s claim that section 7 applied to its proposal, and has vigorously defended that position before the D.C. Circuit - although M2Z’s letter fails to acknowledge either fact,” the groups said. “Section 7, including the 12-month timeframe for Commission action, applies only to a proceeding for a ‘new technology or service.’ As the Commission correctly concluded, M2Z offers neither.”