The FCC has released a Memorandum Opinion and Order, which reverses the Administrative Law Judge’s Initial Decision that found that Mongoose Works, Ltd. (Mongoose) was entitled to an additional payment of $69,686 stemming from the Commission’s transition of incumbent services out of the lower portion of the 3.7-4.2 GHz band (C-band) into the upper portion of the band. The FCC has concluded that the Initial Decision erred in holding that Mongoose met its burden of proof to show that the C-band Relocation Payment Clearinghouse’s (Clearinghouse) recategorization of the two earth station antennas at issue was inconsistent with the Commission’s decision in the 3.7 GHz Report and Order. As such, the FCC has granted the Enforcement Bureau’s exceptions and agrees with earlier Clearinghouse and Wireless Telecommunications Bureau decisions that found that Mongoose is not entitled to an additional payment.
