• RWA Files Application for Review for T-Mobile 700 MHz Buildout Waiver
  • March 8, 2017 | Author: Gregory E. Kunkle
  • Law Firm: Keller and Heckman LLP - Washington Office
  • In December, the Commission waived the “Acceleration Rule” for three 700 MHz licenses. This rule provides that if a licensee does not meet its interim construction deadline, its final construction deadline is accelerated by two years. In this case, the licensee missed their interim deadline and agreed to sell the three licenses to T-Mobile, seeking waiver of the Acceleration Rule to allow T-Mobile time to meet the final construction deadline. In granting the waiver, the Commission found that doing so was in the public interest and that the underlying purpose of the rule, preventing the warehousing of spectrum, was served. RWA filed an Application for Review, arguing that the waiver encourages the warehousing of spectrum and conflicts with “FCC regulation, past precedent, and public policy.” A more flexible approach to limited waivers of construction/substantial service deadlines may prove valuable of critical infrastructure firms acquiring area-wide licenses either at auction or through transactions with spectrum auction winners.