Sen. Brownback (R-Kan.) said in Senate Commerce Committee hearing...

National Telecom Co-op Assn., that June 19 auction date for upper and lower bands of 700 MHz should remain intact. At our deadline, CTIA application for review, asking Commission to postpone bidding, still was pending. Agency had been expected to issue public notice on short-form applications accepted for filing as early as Wed., but it hadn’t done so by our deadline. Although he touted extent to which Kan. is rural state, Brownback said “rural opposition” to compromise on 700 MHz timing that Sens. Ensign (R-Nev.) and Kerry (D-Mass.) have been backing “is not helpful.” Bill that would delay auctions indefinitely, sponsored by House Commerce Committee Chmn. Tauzin (R-La.), already has passed House and Ensign and Kerry are sponsoring identical proposal in Senate. Also pending in Senate is bill by Sen. Stevens (R-Alaska), ranking GOP member of Senate Appropriations Committee. His bill would require that FCC hold auctions as scheduled. Compromise that Ensign has been attempting to gather support for would pull out C-block licenses from lower band and hold upper band auction at later date, while keeping lower band auction date (CD May 20 p6). “I cannot support the position that, in order to address the needs of rural interests in my state, this auction should move forward as scheduled,” Brownback said. “This only ensures that while rural interests are served, the national interest is ignored.” He called compromise plan backed by Ensign and Kerry “very fair and reasonable.” Efforts to reach compromise on Hill, however, continues to be stalled for now, several sources said Wed. In part, Stevens hasn’t yet signaled willingness to go along with plan that diverges from his bill. Compromise is warranted even if it requires “a short administrative delay of a few months,” he said. Last week, there was speculation that splitting some licenses from lower band and adding them to upper band could create delay of up to 6 months. One auction expert said this week, however, that software changes required by such plan would be relatively easy to put in place and could be done “in a matter of days.” At hearing, Brownback also urged Senate Commerce Committee Chmn. Hollings (D-S.C.) to convene executive session of panel to address auction issue. “It really does not matter which bill is brought up for a vote, as long as a bill is brought up and amendments can be offered,” he said: “Let the votes fall where they may and let the committee speak on this issue.” Balanced Budget Act of 1997, which requires FCC to deposit proceeds from auction of lower band of 700 MHz by Sept. 30, represents “startlingly bad spectrum management policy,” Brownback said: “Failure by this committee to take action on this issue is even worse.” Lack of FCC public notice on short-form applications accepted for filing by prospective bidders as of late Wed. was seen as sign by some that Commission could be planning short delay. Upfront payments from bidders were due at FCC Tues. Typically, short-form public notice is issued with enough advance of that date to allow minor mistakes to be corrected by carriers planning to participate.