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NTCH Loses on Challenge to FCC Verizon Spectrum Order

The U.S. Court of Appeals for the D.C. Circuit rejected arguments by carrier NTCH challenging an FCC order approving Verizon’s buy of AWS-1 licenses from SpectrumCo and Cox. NTCH argued that the FCC improperly rejected its 2012 petition for reconsideration…

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challenging the approval. NTCH had raised concerns about the deal because of the 45 percent ownership of Verizon Wireless then held by the U.K.’s Vodafone. In the 2015 order (see 1504170050), the FCC said the petition was moot since Vodafone had since sold its stake in Verizon Wireless. “We reject NTCH’s claims,” said a decision by the D.C. Circuit panel. “The FCC’s decision not to initiate proceedings to revoke Verizon’s licenses is not subject to judicial review. Furthermore, any questions about the licenses Verizon obtained before the Spectrum Assignment are not properly before the court.” The decision was written by Judge Harry Edwards, who also wrote on behalf of colleagues Cornelia Pillard and Raymond Randolph.