T-Mobile/Bresnan Waiver Upheld Over RWA Objections
FCC commissioners upheld a Wireless Bureau waiver from last year of 700 MHz buildout rules requested by Bresnan Communications, which sold the three licenses, covering parts of Montana and Wyoming, to T-Mobile (see 1612210038). The Rural Wireless Association had filed…
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an application for review of the waiver (see 1705220010). “It is well-established that the Commission may waive a rule where the particular facts make strict compliance inconsistent with the public interest, and it may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis,” said the new order. “We emphasize that we find a waiver is appropriate here based on the totality of the factors present and not solely because it would facilitate expedited construction.” But the FCC said it's granting RWA’s separate request that T- Mobile be required to file construction notifications demonstrating its geographic coverage for each license area as of June 13. “If T-Mobile fails to satisfy a performance condition under the waiver, it would only retain the geographic portion of the relevant license area it served as of June 13,” the order said. RWA disagrees with the decision. “Bresnan warehoused valuable low band spectrum for over eight years before selling it to T-Mobile at the eleventh hour,” said General Counsel Carri Bennet in a news release. “This behavior should not have been rewarded and RWA reiterates its concern that this decision will now allow other licensees to sit on valuable spectrum, cash out at the last minute and then extend the license’s build out obligations simply by transferring the license to another entity.”