Designated entities that last week asked the FCC to set aside new...
Designated entities that last week asked the FCC to set aside new rules for DE participation in the advanced wireless services auction (CD May 8 p2) likely will sue the FCC within days if they don’t get their way,…
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sources said Tues. The DEs aren’t saying where they would file, but plan to do so in a way that doesn’t delay the AWS auction’s appointed starting date of June 29. Time is tight, with potential bidders’ short form auction applications due today (Wed.) at the FCC. Last week Council Tree, Bethel Native Corp. and the Minority Media & Telecom Council petitioned the FCC for expedited review of a request that the FCC drop changes made to the DE program in an April 22 order. In a Mon. filing, STX, a DE that plans to bid in the auction, said the April change was “disruptive,” but urged the FCC to keep the new rules. Doing as the DEs demand “would simply preserve the status quo and invite the usual round of so-called ‘designated entities’ to participate in the auction to the certain detriment of prospective bona fide designated entities like the company,” STX said: “The company therefore fears that its reasonable opportunities to secure AWS licenses at auction would be severely impaired or completely eliminated if, in reliance of the prior auction rules, well-capitalized ‘designated entities’ (backed by the national wireless carriers)… proceeded to yet again wield their significant bidding power.”