T-Mobile, Charter Renew Call for Dismissal of RWA Application for Review
The Rural Wireless Association is misinterpreting the acceleration rule in applying for review of T-Mobile's FCC Wireless Bureau waiver on the requirement that the holder of three 700 MHz licenses provide a certain level of coverage in Montana and Wyoming,…
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T-Mobile and Charter Communications-owned Bresnan Communications said in an opposition posted Wednesday in docket 16-319. The bureau in December awarded a waiver as part of Bresnan's plans to assign those licenses covering parts of Montana and Wyoming to T-Mobile (see 1612210038). RWA's application for review said the acceleration rule -- which accelerates a buildout deadline if certain interim deadlines aren't met -- was aimed at preventing spectrum warehousing, but its purpose really is to promote better spectrum access and services, particularly in rural areas -- which is exactly what the waiver is intended to do, T-Mobile/Bresnan said. The milestones set by the bureau will ensure service goes to affected areas and thus be in the public interest, they said, again asking the agency to dismiss the RWA application (see 1701300043). RWA in a statement said its application for review "raises serious issues which were not properly addressed in the Bureau’s decision. While RWA understands T-Mobile’s desire for certainty, the public interest demands enforcement of the FCC’s construction requirements. The Bureau's waiver grant is in error and fails to consider the underlying purpose of the Acceleration Rule."