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The FCC should adopt a 45 percent designated-entity...

The FCC should adopt a 45 percent designated-entity bidding credit for future auctions, including the incentive auction of broadcast TV spectrum, and waive or eliminate a 25 percent restriction on wholesaling/leasing spectrum capacity to one entity, said George Laub, managing…

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director of Council Tree, in a meeting with aides to acting Chairwoman Mignon Clyburn. Getting rid of the secondary market restriction would “eliminate the last remaining rule from the FCC’s DE rules adopted in 2006,” Council Tree said in an ex parte filing on the meeting (http://bit.ly/13wqyY2). “Council Tree emphasized that wholesaling/leasing is an integral part of the business model for new entrant DEs and non-DE’s alike, providing an important measure of revenue certainty necessary to quickly and efficiently finance and deploy operations,” the filing said. “DEs need the flexibility to build viable business plans in order to provide competition and innovation, benefiting consumers and the public interest.” Council Tree sought to overturn the results of the FCC’s AWS-1 and 700 MHz auctions, because of DE restrictions imposed in 2006, in a case before the 3rd U.S. Circuit Court of Appeals. In a 2010 decision, the Philadelphia-based court tossed out two of the DE rules in place during the auctions, but let the auction results stand (CD Aug 25/10 p1).