YOU ARE AT:Archived ArticlesAPPEALS COURT DENIES REQUEST BY SMR ONE TO STAY AUCTION

APPEALS COURT DENIES REQUEST BY SMR ONE TO STAY AUCTION

WASHINGTON-A federal appeals court here last week refused to block the 800 MHz specialized mobile radio auction scheduled for later this month, but the legal challenge against new Federal Communications Commission licensing rules will proceed.

SMR WON, a coalition of 60 small- and medium-sized SMRs, had asked the U.S. Court of Appeals for the District of Columbia Circuit to stay the Oct. 28 auction, arguing the FCC lacks legal authority to sell 800 MHz channels because they are licensed to commercial and non-commercial users.

The FCC says the 800 MHz SMR auction falls within the 1993 auction legislation. Short form applications for the auction were received by the FCC last Monday.

The agency recently eliminated installment payments for the 800 MHz SMR auction in reaction to the debt crisis from the C-block personal communications services auction, in which installment payments were utilized.

“Given the history of this thing, we are not surprised by the decision,” said Alan Shark, president of the American Mobile Telecommunications Association.

At the same time, Shark said his members are ready to move forward after three years of licensing delay.

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