The FCC’s Auctions and Spectrum Access Division (Division) has granted U.S. Senator Joe Manchin (D-WV) a waiver to participate as a challenger in the Mobility Fund Phase II (MF-II) challenge process, subject to his compliance with the requirements of the MF-II challenge process. In the MF-II Challenge Process Order, the FCC limited challengers to government entities (state, local, and Tribal) and service providers who file Form 477 data with the FCC because it determined that these entities are most likely able to provide data relevant to a challenge. The FCC will allow other entities to participate as a challenger where they demonstrate good cause by showing a bona fide interest in the challenge process and a plausible ability to submit a valid challenge.
Senator Manchin asserted that he has a bona fide interest in the challenge process because the promotion of 4G LTE service throughout the state of West Virginia is an issue with which he has a long record of engagement. Senator Manchin also stated that he has a plausible ability to submit the data necessary to support a valid challenge. Senator Manchin has assigned an employee to review the technical requirements of the challenge process and this individual has demonstrated an understanding of the technical requirements, asking Commission staff a series of questions about the requirements.