FCC ASKS APPEALS COURT TO REJECT REQUEST FOR STAY OF DE RULES

摘要

The 3rd U.S. Court of Appeals, Philadelphia, should not stay revised designated entity (DE) rules heading into Aug.’s advanced wireless services auction, the FCC said, responding to a petition from Council Tree, Bethel Native Corp. and the Minority Media & Telecom Council. Council Tree wrongly claims the DE order violates Communications Act provisions meant to encourage DE participation in spectrum auctions, the FCC said: “But in fact, the rules... strike a balance among the competing policy goals set out in the statute, and Council Tree has not come close to showing that they are unreasonable.” Neither has Council Tree shown it would face irreparable harm from the rules, the agency said: “Conversely, the grant of a stay would cause harm both to other parties and to the public interest... A stay would harm the public interest by delaying the significant public benefits of the auction and frustrating the substantial public and private efforts invested in bringing it to fruition.”