"do you HAVE an opinion you wish to share with the rest of us"
Actually I do. But does it really matter? Most posts above don't state any opinion either, they just say "they should have known those morons" (which is true but is hardly an interesting point).
I feel the congressmen who are wondering if they got gamed are wrong. They in fact did not get gamed (though it seems they've forgotten why they did this in the first place).
Congress is there to ensure the auctionning of a public ressource benefits the pubilc.
For that, it can bring money to government, or it can pave the way for nice applications that will make everyone happier, or it can do both.
Congress recognized that open access was A Good Thing for the society and that's why they required it as a clause for the auction.
They also recognized that the value of the block was lower with this clause since it would make it harder for a would-be monopoly to deep-fuck the customers, hence that would-be monopoly would be willing to pay less for a lesser privilege. And paying less is A Bad Thing.
Thus, they pondered both sides, and ended up saying that if they could still get at least 4.6 billion, they would get lots of money AND open access, and that would be better on both points.
And it worked exactly as they hoped: they got the money they wanted to ensure as well as the open access. It's good for the country for both reasons.
So in the end, the point, for me, is not "should they be upset if they didn't see it coming?", but rather "how can they have already forgotten that they got not only what they deserved, but also what they in fact conscisouly and cleverly asked for?".
I simply guess that those who are upset are not those who were at the origin of the clause, and they hadn't understood the original, now fulfilled, intent.