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Replies in the rulemaking about a terrestrial service from Dish...

Replies in the rulemaking about a terrestrial service from Dish Network offered no new objections, and a ruling by the FCC could be made by the end of the year, said Guggenheim analyst Paul Gallant. Most of the discussion focused…

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on what conditions, if any, “the FCC should impose on Dish’s use of its new spectrum” and “what spectrum Dish should use for its uplink,” he said in a research note. Reply comments in docket 12-70 were due June 1 (CD June 4 p16). The wholesale access limit condition and the data roaming condition, supported by Public Knowledge and other public interest groups, is likely under active consideration, he said. The basic concept of the wholesale access condition is to ensure that if Dish decides to offer wholesale capacity, “it should not permit access predominantly or exclusively by AT&T and Verizon,” he said. Given the growing importance of data roaming, that proposed condition “could become particularly important to the viability of smaller wireless operators,” he added. “We think the FCC will seriously consider shifting Dish’s uplink … up by at least 5 MHz to enable it to auction to the H Block.” Sprint Nextel would be a natural buyer and beneficiary of such a move, he said.