AT&T Statement on Incentive Spectrum Auction Legislation

We applaud the [Federal Communications Commission Chairman Julius Genachowski’s] continuing support for incentive spectrum auction legislation, which is vital to consumers and to our Nation’s economy. We are troubled, though, that the chairman and some of his staff are now saying that the FCC, and not the United States Congress, should have full power to impose conditions, and to decide which companies are allowed to participate in spectrum auctions and which should not.

In our experience, anytime a regulatory agency seeks unfettered discretion, that is the best reason Congress should not give it to them…. For the FCC to assert, in the name of ‘fostering competition’, that it should have final say on which companies can bid on spectrum is for them to engage in picking winners and losers. That is not the job of the FCC. When consumers are able to make decisions in a free and competitive market -- and wireless is clearly that -- the FCC should not be allowed to impose its own will if it doesn’t like the choices those consumers make. The FCC should be a neutral arbiter, ensuring fairness and impartially enforcing a system of rules and laws. It should not be empowered by Congress to advantage some companies and disadvantage others, or to impose its preferences on a free market. We commend the Congress for advancing spectrum legislation in a way that helps the economy, maximizes revenue for the Treasury, and ensures that consumers -- not regulators -- decide who wins and loses in the competitive wireless market. It would be a disservice to the Nation if the FCC is so adamant about preserving and enhancing its own power that it would risk killing this crucial legislation.