is not as you know the enter the other group has a number of very small numbers ten percent of its carrier members are classified as small telephone companies under different f c c regulations some of them have been designated in the skin options the reason i can't give you a number is if the commission sets the designated entity threshold separately for each option so that it's more difficult to determine but yes some members or and have been designated  we agree with the commission that there was no defect in the process by which the rules were adopted and what i'd like to do is to determine that the second proposition which is that even if they're worse a defect in the process that would provide no basis for whole the option is a release with respect to unjust enrichment because it is very important the option not be overturned and if there's any question in the course mind about that i would like to talk about some of the consequences of that if that were to happen forward this option has now gone forward but you would face the same question with the next option which is that these orders embody public interest determination by the agency that the old rules don't properly implement the statute in the eight this is a major option the sixty major her two additional spectrum and there's a statute that requires they take place by children in two thousand and eight to have a situation in which if the agency were not allowed to apply these rules to that option it's not at all clear that it could apply the old rules to the option because if it did do they would almost certainly face litigation from different parties who prefer the new rules and who will throw into the conditions face its own public interest determination of the o but what we would avoid would be the uncertainty of having the rules placed in limbo or reverting to the old rules for some intermediate period of time only to have the new rules put back in place and this is what the case law which we've review auction result there is still an equitable discretion in the choice of remedy and i think even in those circumstances the consequences of overturning his of this option would be so massive that the course of the exercise its discretion not to overturn is optional there no way to know that the results of this option might not have been exactly the same if the unjust enrichment rule had been somewhat different and if i could turn to that cover to give another minute we can like to point out that this is the first major infusion of spectrum for this industry in my fifteen years over one hundred fifty companies participate actively in the option over a hundred companies one licenses in the office and more than half of those or does it need in many of the options  important for the introduction of third generation services which are appropriate services that will allow a customer to access the internet or download large files such as we go and use it and we have an industry here from a group of small rural designated into these things are smokers most of whom are designated in these making clear how badly they need this spectrum in order to improve service in rural and remote areas and how much they would be home if the option results were overthrown under these circumstances i think the court should exercise executive discretion not to overturn this option and turn the industry of idea even if it had any doubt which i don't think there should be that the same rules could be adopted the build the facilities and all the po competitive benefits flow from the building the facilities this is not warehousing inspection not using it is it is using a violent economic model and fulfilling but in this record you cannot hold this room because they didn't they just threw it in there because mission shouted like you do works to a very poor here the commission shop is mandatory ensure a strong move a stronger no doubt the small businesses are given the opportunity again to participate in the provision of spectrum based services what i want to get