184. We now deny the three Petitions for Reconsideration. The Spectrum Act, which was enacted in
185. Quite apart from the mandate of the Spectrum Act, for this portion of the AWS-3 band, the D.C. Circuit's M2Z opinion upheld the Commission's decision not to forbear from the relevant rules; it also recognized that licenses are typically processed after the Commission adopts service rules through a rulemaking proceeding. The D.C. Circuit also found that the Commission properly declined the request to license this band outside of the auction context.
186. Petitioners (two of whom, as we noted, were intervenors in that case) have provided no basis why the rationale for that decision with respect to M2Z's application should not apply with equal force to their follow-on applications. To the extent the petitioners are asking us to forbear, as M2Z did, we find that their petitions should be denied for the reasons set forth in the Applications and Forbearance Petitions Order, which was upheld by the M2Z court. To the extent petitioners maintain that the Commission erred by dismissing their applications on the grounds that such applications preceded our adoption of applicable rules, we reaffirm the Commission's 2007 decision that assignment of this spectrum without first conducting a rulemaking proceeding to consider service and licensing rules would not serve the public interest. That determination has been upheld by the M2Z court. The court held that, whether the Commission's "consider[ation of] the public interest in deciding whether to forgo an auction . . . is characterized as an analysis under section 309 or a section 160 forbearance analysis matters little." The court concluded that "the Commission reasonably performed every statutory duty at issue." That analysis applies with equal force to the three applications filed in response to the M2Z application, "under the same standards," and with respect to their similar claims of public interest justification for dispensing with our established auction procedures.
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