by George S. Ford
July 22, 2013
Where’s the beef? One cannot help but ask this question after reading Dr. Baker’s or the Department of Justice’s filings on the upcoming voluntary incentive auction. Excluding or limiting participation of the largest and most spectrum-hungry wireless companies is a big deal. At a minimum, such rules will significantly reduce auction proceeds. The burden, therefore, is on those promoting such regulations to demonstrate that the benefits to society are more than sufficient to offset the losses. Neither Dr. Baker nor the DOJ has taken that burden seriously, offering the Commission nothing but speculation and assertion to support their positions. Neither had the courtesy to provide a formal definition for the concept of “foreclosure value” upon which their arguments rest, and upon which others could evaluate their claims. Speculation and assertion are very poor guides for policymakers.