WASHINGTON-The Federal Communications Commission said it will not reconsider the eligibility rules for the re-auction of 422 PCS licenses that allowed large carriers to bid on licenses previously reserved for small businesses.
Six entities-Alpine PCS, National Telephone Cooperative Association, Northcoast Communications, the Organization for the Promotion and Advancement of Small Telecommunications Companies, Rural Telecommunications Group and the Small Business Administration-urged the FCC to reverse an earlier decision that split the C-block (30 megahertz) licenses reclaimed from NextWave Telecom Inc. into three 10-megahertz licenses and then instituted bidding rules that opened the bidding on most of the licenses to all comers.
The bidding rules allowed all entities to bid on two of the three licenses in markets with more than 2.5 million people and one of the three licenses in the second tier.
The FCC specifically rejected Alpine’s contention that by allowing large carriers to bid on licenses originally set aside for small carriers the FCC had ignored congressional intentions to avoid excessive concentration.
The commission also formally rejected Nextel Communications Inc.’s request for package bidding.
Finally, the FCC also said that legislation passed last August that allows Alaska native regional corporations, including VoiceStream Wireless Corp.’s affiliate Cook Inlet Region Inc., to transfer licenses to large carriers was narrowly tailored to impact only Alaska native regional corporations.
“The relief accorded CIRI under the statute was specifically authorized by Congress and narrowly tailored,” said the FCC, noting that Congress could have chosen to broaden relief to all similar bidders, but instead created an exemption for Alaska native regional corporations.
