ROME (WiMAX Day). The Italian higher civil court, Tribunale Amministrativo Regionale, ruled last week that the regulations concerning the auction of licenses for 3.5 GHz WiMAX spectrum are correct and legitimate. Last month the company MGM Productions Group lodged an appeal against the Ministry of Communications claiming that the auction rules favour large incumbent telecoms. One central issue in the appeal was that Italian telecom operators that already own spectrum used for UMTS were permitted to participate in the auction of WiMAX spectrum. The appeal claimed that allowing these “usual suspects” to participate in the auction undermines the principle of competition, and will do little to reduce the digital divide.