M2Z Attacks FCC 645565

WASHINGTON -- M2Z Networks, Inc. ("M2Z") today informed the Federal Communications Commission ("FCC") that it plans to seek a Writ of Mandamus from the U.S. Court of Appeals for the D.C. Circuit. In seeking the Writ, M2Z will ask the D.C. Circuit to direct the FCC to come into immediate compliance with all parts of Section 7 of the Telecommunications Act by making a public interest determination on M2Z's license application, which has been pending for over 15 months.

The FCC was statutorily required to make a public interest determination on M2Z's license application by May 5, 2007. To date, this has not occurred.

"We strongly believe that the FCC should fully and fairly review the detailed record associated with M2Z's license application and its forbearance petition and make a decision consistent with the law Congress enacted," said Uzoma Onyeije, Vice President of Regulatory Affairs for M2Z Networks. He added, "The statute is clear concerning both process and substance for Section 7 decisions. As an independent agency accountable only to Congress, the FCC's highest priority is implementing the will of the legislature."

Section 7 of the Telecommunications Act states that "[t]he Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed." The statute also requires that parties who oppose a new technology or service "shall have the burden to demonstrate that such proposal is inconsistent with the public interest."

On May 5, 2006, more than 15 months ago, M2Z filed a license application that is governed, by operation of law, by Section 7's requirement that the FCC make a time-limited public interest determination about the application. M2Z's license application seeks FCC authority to provide a new wireless broadband service using advanced technologies on currently fallow spectrum in the 2155-2175 MHz band. In its application, M2Z voluntarily pledged to provide a free, fast, family friendly wireless broadband service throughout the United States consistent with a rapid and unprecedented build-out commitment.

Over the last 15 months, M2Z has repeatedly called on the Commission to take timely action consistent with the law and with the statutory deadline of May 5, 2007. Unfortunately, the opportunity to review and vote on an order concerning the license application was not afforded to the full Commission prior to lapse of the twelve month timeframe. The inability of staff to provide the full Commission with the opportunity to comply with the Telecommunications Act has led to great concern from members of Congress.

Representative Anna Eshoo (D-CA), whose district includes a large portion of Silicon Valley, a member of the House Telecommunications and the Internet Subcommittee sent a letter to each of the FCC Commissioners earlier this summer inquiring into the FCC's interpretation of and compliance with Section 7 of the Act. In the last year, a bipartisan group of Senators and Representatives have also asked the FCC to comply with all its statutory obligations, including Sections 7 and Section 10, and to provide a fair and transparent opportunity for M2Z's application and forbearance petition to be considered.

Americans are overwhelmingly in favor of granting M2Z's license application. There are more than 2,000 comments and letters of support of M2Z's license application in WT Dockets 07-16 and 07-30. To date, hundreds of federal, state, and local elected officials from all across the United States, including North Carolina, Virginia, Tennessee, South Dakota, Alaska, Hawaii, California, Mississippi, and Maryland, have indicated their strong support for granting M2Z's license.

Additionally, M2Z's application has garnered support from leading advocates on issues such as education, the digital divide, online child and family safety, economic development, and national economic competitiveness. These organizations reflect a wide range of perspectives and include the National PTA, One Economy Corporation, the Hispanic Telecommunications and Technology Partnership (HTTP), ACORN, the Minority Media and Telecommunications Council (MMTC), Media Access Project (MAP), Public Knowledge, Family Watch International, Enough is Enough, the Internet Keep Safe Coalition, and many others.

Thousands of individual citizens and small businesses have written in support of M2Z's application due to the dearth of competition in broadband and the need for a nationwide free, fast and family friendly broadband service as a welcome alternative in the marketplace. Finally, two uncontested economic studies submitted into the FCC record, including one conducted by former FCC Chief Economist Dr. Simon Wilkie, conservatively estimate that M2Z's entry into the marketplace will generate direct benefit to American consumers in excess of $18 billion and as much as $32 billion.

"M2Z has been very patient on behalf of the millions of Americans who would benefit from our proposed service," said Milo Medin, M2Z's Chairman. "It took the FCC nine months to seek comment on our application, which is as long as it took the Commission to decide the largest telecommunications merger in history, the BellSouth/AT&T merger. Not only is it the law, but it is commonsense to give license applications that increase competition at least the same treatment as license transfer applications for mega mergers that lessen competition."

M2Z Networks Inc.