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The FCC erred in rejecting a petition by the Utilities Telecom Council and startup company Winchester Cator, asking that utilities be allowed to use the 14.0-14.5 GHz band on a secondary basis for fixed point-to-point and point-to-multipoint services, the Fixed Wireless Communications Coalition (FWCC) said in comments filed at the FCC. On May 9, during former Chairman Julius Genachowski’s last FCC meeting, the commission instead sought comment on a Qualcomm proposal for a terrestrial-based air-ground mobile broadband service in the band, also on a secondary use basis. On June 14, UTC and Winchester Cator asked the commission to reconsider an order by the Wireless and International bureaus and the Office of Engineering and Technology to reject their 2008 petition in the days leading up to the May FCC meeting (http://bit.ly/11V1Jsu). “We are troubled by the Commission’s abrupt resolution and lack of reasoned analysis of the issues it mentions on the way to dismissal: possible auction requirements for the band, the proposed coordination method for protection of fixed satellite uplinks, and supposed availability of alternate spectrum and wired infrastructure for critical infrastructure applications,” FWCC said (http://bit.ly/13hRzFp). At issue are “complex matters having too many facets for summary resolution,” the group said. “An informed decision on each, including the relative merits of the UTC/Winchester Cator proposal vs. air-ground service, will require the more thorough public airing and comment afforded by a Notice of Proposed Rulemaking.” The Edison Electric Institute, representing investor-owned utilities, raised similar objections. “The Bureaus’ Order is arbitrary and capricious, unsupported by the record, and rests upon reasoning that is seriously flawed,” EEI said (http://bit.ly/1cJ9zqH). “Moreover, the Bureaus’ Order raises a serious question of disparate treatment."