The 10th U.S. Circuit Court of Appeals rejected...
The 10th U.S. Circuit Court of Appeals rejected arguments by Council Tree, which sought to overturn the results of the 2008 700 MHz auction. Council Tree, a designated entity, sought review of two commission orders, its D-block waiver order issued…
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in 2007 and its waiver reconsideration order issued in 2012. “Council Tree filed a Petition for Reconsideration of the Waiver Order (the ‘Waiver Reconsideration Petition') with the FCC in 2007, as well as a Supplement to the Waiver Reconsideration Petition (the ‘Supplement') in 2011,” the court said (http://1.usa.gov/1gxAbyS). “In its Waiver Reconsideration Order, the FCC dismissed the Waiver Reconsideration Petition as moot and dismissed the Supplement as untimely. ... We dismiss Council Tree’s petition, as it pertains to the Waiver Order, and deny its petition, as it relates to the Waiver Reconsideration Order.” Judge Jerome Holmes wrote the decision for a united panel. In 2010, the 3rd U.S. Circuit Court of Appeals found problems with the FCC’s revised designated entity rules used during the auction, but let the auction results stand (CD Aug 25/10 p1).