In an ex parte dated February 28, 2012, RTG noted that [t]he Commission has recently stated that it would likely revisit the matter of adjusting the spectrum screen. A lower spectrum screen and a spectrum aggregation limit (of 110 megahertz of spectrum below 2.3 GHz in any individual county) are inextricably tied and would be vital Commission tools to keep the wireless industry competitive. It has been almost four full years since the conclusion of Auction 73, the last significant auction of spectrum intended for commercial mobile wireless services. The lack of new spectrum available in the primary marketplace necessitates immediate reinstatement of a spectrum cap so that deals in the secondary marketplace currently under review by the Commission do not put scarce spectrum resources in the hands of just a few industry players. RTG’s pending Petition for Rulemaking (“Petition”) requesting the reinstatement of a spectrum cap is an ideal vehicle for initiation of a rulemaking to consider revising the spectrum screen and imposing a spectrum cap.

RTG notes that its Petition has been pending for over three years and has been cited by several parties who have opposed the SpectrumCo/Cox sale of spectrum to Verizon Wireless and by RTG in its opposition to the sale of spectrum from Leap to Verizon Wireless.