From Weavers Words (2008-04-28):

On March 25, Geauga ARA President Eric Bartholomew, KF8YK sent me an e-mail warning that an Ohio university had submitted a request asking the FCC to assign five frequency pairs in the 420-430 MHz band to it.  He pointed out that the higher frequency of each pair was in the Amateur Band and not legally available for commercial assignment. The following is an abbreviated summary of how his warning very likely saved the university and the ARRL (i.e. you) a significant amount of money, effort and hassle.

After re-reading the relevant portion of Part 97 of the FCC regulations, I initially thought Eric's assessment was not correct. To be certain, I forwarded his memo to ARRL President Harrison, W5ZN, CEO Sumner, K1ZZ and Chief Counsel Imlay, W3KD to obtain expert review.  K1ZZ and W3KD promptly confirmed Eric's assessment. My problem was that I did not read FCC's commercial radio rules -- Part 30 in this instance -- which apply in this situation.

Our unanimous view was that ARRL should voice a formal objection to the frequency assignment request to the FCC even though its denial should have been automatic. Even as the ink on this formal objection was drying, the FCC granted the university's request for the frequencies.  The FCC in essence violated its own rules -- again.

Counsel Imlay tossed our objection into the round file even before its final in-house review was completed. In its place, a formal request for review was sent to the Commission in its place.

Concurrent with submitting the petition for review to the FCC, General Counsel Imlay notified the university administration of the problem.  Its spokesman immediately offered to withdraw the request and to modify it by resubmitting it to cover frequencies that are consistent with FCC rules. In turn, ARRL agreed to withdraw our petition for review as soon as the university's revised petition was submitted. The problem had been the result of an error by a consulting firm.

Arguments over frequency assignments typically cover long periods of time and eat many thousands of dollars. In this instance though, everyone acted promptly in good faith to avoid a potential, major and costly problem. All this was accomplished thanks to the watchfulness and action of KF8YK, and to the capability of ARRL that he called on to resolve the problem.

Thanks, again, Eric. Good eyes! Thanks, also, to General Counsel Imlay for knowing the appropriate prompt action to take with the right people.