T-Mobile Vice President Kathleen Ham questioned why Congress needs to...

extensive experience managing auctions and should be left to do a job it knows well. Ham’s comments are in sharp contract to those by AT&T, T-Mobile’s recent proposed merger partner (CD Jan 18 p1). “I am puzzled by the newfound distrust in the FCC to establish the ground rules for future spectrum auctions,” Ham wrote (http://xrl.us/bmpkoh). “Legislation pending in Congress would effectively preclude the FCC from considering existing spectrum holdings in determining the qualifications for participation in auctions.” Congress’s fear appears to be “that the FCC will unwisely promulgate regulations to restrict the largest wireless carriers from bidding for licenses in upcoming auctions,” she contended. “Some suggest the FCC is grabbing for new and extraordinary power to impose such limits as part of its effort to gain incentive auction authority and additional spectrum for the mobile broadband future. In truth, for almost 20 years, the FCC has had such authority under section 309(j) of the Communications Act, and has used it to establish reasonable measures to fulfill Congress’s directive to avoid excessive concentration of licenses and promote competition in spectrum auctions."