Tenth Circuit Denies Petition Seeking Nullification of 700 MHz Auction


The U.S. Court of Appeals for the Tenth Circuit has denied a petition by Council Tree Investors, Inc. and Bethel Native Corporation (collectively, Council Tree) which sought review of an FCC decision that denied their request for nullification of the FCC’s 2008 700 MHz Auction (Auction 73).  Council Tree’s challenge was based on the FCC’s application of the Fifty Percent and Ten-Year Designated Entity Rules in the 700 MHz Auction.  These rules were ultimately invalidated in 2010 by the U.S. Court of Appeals for the Third Circuit because the FCC failed to follow the notice and comment requirements when they were enacted.  Ultimately, the Tenth Circuit Court dismissed Council Tree’s challenges because Council Tree waited three years from completion of Auction 73 and nine months from the Third Circuit Court’s ruling to challenge the results of Auction 73.

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