Competitive Carriers Association???
Who do they think they are fooling? The FCC gave Straighpath a huge pass on their fraudulent activity simply to avoid shelving the licenses in a legal battle and unable to be used by anyone for years to come.
So if Fibertower falsified their applications and submitted they would have gotten renewals and the Competitive Carriers Association would be okay with that?
Regardless, FiberTower’s and Straight Path’s situations are distinguishable. First, Commission actions taken against Straight Path were in the context of an enforcement proceeding, and involved a negotiation between the Enforcement Bureau and Straight Path, not a
transfer of control proceeding.22 AT&T’s attempted purchase of the Terminated Licenses is not a justification for them to be reinstated.23
Second, the fact patterns between FiberTower’s and Straight Path’s situations are not nearly as similar as Applicants would have the Commission believe. Indeed, the Straight Path licenses met their substantial service requirements and nothing in the Straight Path consent decree or otherwise contradict this key fact.24 FiberTower had every opportunity to meet its substantial service requirements but knowingly failed to do so – and the Commission has repeatedly declined to grant waivers or extensions based on business decisions.25 Furthermore,
the D.C. Circuit’s remand to the Commission is quite narrow, and should be properly limited to an evaluation of the additional 42 licenses referenced by the Court
