The 3rd U.S. Appeals Court, Philadelphia, is expected to hold lon...

The 3rd U.S. Appeals Court, Philadelphia, is expected to hold long-delayed oral arguments in late May in a case filed by Council Tree, Bethel Native Corp. and the Minority Media & Telecom Council against the FCC, seeking to overturn the 2006 advanced wireless services auction. The court set arguments for May 25, but may reschedule them to another day that week for logistical reasons, a court order said. One wireless industry source said Thurs. carriers doubt the AWS auction will be overturned. “Even if Council Tree convinces the judge that somehow the FCC cut corners too quickly,” a source said: “That doesn’t lead to undoing the auction results. The most likely and appropriate relief were Council Tree to prevail would be to send the results back to the FCC to do over as a remand, but of the auction rules… Most people feel the FCC has the better side of the argument. The FCC usually does because of the deference that courts show” the agency. But a 2nd wireless industry source said a remand would create a procedural mess for the Commission, serving only to postpone final court resolution of the matter and leaving the issues unresolved before the 700 MHz auction.