M2Z takes FCC to court

M2Z Networks Inc. made good on its threat to take the Federal Communications Commission to court, asking the U.S. Court of Appeals for the District of Columbia Circuit to overturn the agency’s dismissal of its nationwide wireless broadband plan.
M2Z, a Silicon Valley-backed startup co-founded by former FCC wireless chief John Muleta, said the agency violated numerous laws in throwing out its proposal to provide free, family-friendly broadband service in the 2155-2175 MHz band. FCC Chairman Kevin Martin recently said the commission plans to launch a proceeding to examine rules for that spectrum.
The cellular and wireless broadband sectors opposed the M2Z application, criticizing-among other things-its attempt to acquire spectrum for free without having to compete in an auction. M2Z offered to return 5% percent of gross revenues from separate subscription services in return for a 15-year license.
“M2Z respectfully requests that this court hold unlawful and set aside the order, including all actions, findings and conclusions therein; compel the FCC to grant the license the FCC unlawfully withheld; and grant M2Z all other just and proper relief,” the company stated in the notice of appeal.
M2Z last month said it would sue the FCC if continued to delay ruling on its application, filed on May 5, 2006. The FCC dismissed the firm’s nationwide broadband wireless application on Aug. 31.