U.S. Appeals Court, D.C., panel unanimously upheld FCC’s decision...

U.S. Appeals Court, D.C., panel unanimously upheld FCC’s decision to dismiss pending mutually exclusive applications to pave way for competitive bidding system for 39 GHz licenses. “The Commission balanced the need to implement the new regulatory regime against the effect of upsetting the expectations of appellants and others,” Judge Raymond Randolph wrote for court, including Chief Judge Harry Edwards and Judge David Sentelle. Bachow Communications and others challenged FCC decision to dismiss pending applications as part of transition to competitive bidding system. Commission dismissed without prejudice applications filed at least 30 days before freeze Nov. 13, 1995. It also dismissed applications filed 30 days after freeze date if they met certain mutual exclusivity factors. Court sided with FCC, finding that agency’s decision wasn’t arbitrary and capricious. “The Commission reasonably feared that processing mutually exclusive applications under an antiquated and burdensome comparative application system would diminish the efficiency gains expected from competitive bidding,” court concluded.