Supreme Court Won't Review Council Tree Challenge to AWS-1, 700 MHz Auctions

摘要

Council Tree and its allies lost a fight to get the Supreme Court to review its challenge to the nAWS-1 and 700 MHz auctions and overturn the results. The 3rd U.S. Circuit Court of Appeals nin Philadelphia found problems with the FCC's revised designated entity rules used during the nauction, but let the auction results stand. The Supreme Court denied cert in the case, in an norder released Monday. Bethel Native Corp. and the Minority Media and Telecommunications nCouncil joined Council Tree in the challenge. "For all our supporters who believe in diversity nand competition in the telecom industry, I regret that we and our co-petitioners couldn't carry nthe flag further," Council Tree President Steve Hillard said in a statement. Council Tree had nfound what it hoped was a hook that would get justices to agree to hear the case, arguing that nit gave the court the opportunity to clear up lingering questions about how courts should ninterpret Section 706 of the Administrative Procedure Act and whether courts can decline to nset aside what they find to be unlawful agency actions. The FCC said in its brief that noverturning the auctions would be an "extraordinarily disruptive remedy" involving $30 billion nworth of transactions.