Donald Evans
DC Circuit Finds FCC’s Unlawful Give-Away of Licenses Unreviewable
In a unanimous decision, the DC Circuit Court of Appeals rejected a claim by small wireless carrier NTCH, Inc. the Federal Communications Commission had unlawfully awarded thousands of licenses to Verizon Wireless in violation of the Communications Act. The case arose out of Verizon’s application in 2012 to acquire numerous licenses from SpectrumCo, a consortium of cable companies. The transaction involved a fairly routine examination of whether the acquisition would give Verizon undue power in various submarkets until the very end of the FCC’s review process.