The FCC should reject a petition by Council...
The FCC should reject a petition by Council Tree and Bethel Native Corp. seeking further changes to the commission’s auction rules, Verizon Wireless said in comments filed at the FCC. In May, Council Tree and Bethel asked the FCC to…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
reconsider a March order which rejected longstanding petitions asking for revisions to the auction rules in place during the AWS-1 and 700 MHz auctions (http://bit.ly/ZBN3O3). The two previously challenged the rules in federal court in Philadelphia. Three years ago, 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). “Council Tree seeks here to undo the results of Auction 73 [the 700 MHz auction], which took place in 2008,” Verizon said (http://bit.ly/166dkCP). “Council Tree’s theory is and has always been that the competitive bidding rules used by the Commission to determine eligibility for preferred designated entity (DE) status are unlawful and thus that any FCC spectrum auction in which DE eligibility was determined using those eligibility rules must be vacated. Despite making various procedural and jurisdictional missteps throughout this quest, Council Tree succeeded in having a federal appellate court address the merits of this issue. Unfortunately for Council Tree, it lost.”