Sprint’s backing and conditional acceptance of Dish Network’s...
Sprint’s backing and conditional acceptance of Dish Network’s petition for flexible use of its AWS-4 spectrum is helpful to the DBS company, AT&T and smaller 700 MHz licensees seeking device interoperability, Stifel Nicolaus analysts said. Resistance from Sprint “could have…
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further complicated inter-related industry commitments and conditions,” analysts said in a research note Wednesday. “We expect the FCC to approve the interoperability implementation order this month (assuming the government shutdown ends soon), and to approve Dish’s AWS-4 petition by mid-December.” Last month, Dish asked the FCC for the option to use its AWS-4 spectrum as either downlink or uplink spectrum and a one-year extension of its terrestrial buildout requirement (CD Sept 13 p13). Dish agreed to bid the reserve price in the H-block auction to start Jan. 14 if its request is granted by Dec. 14. Dish has made a fairly compelling case for downlink use at 2000-2020 MHz, Sprint said in comments in docket 13-225. But Dish demands “more than making 2000-2020 MHz downlink in return for its participation in the 700 MHz interoperability agreement,” Sprint said. Other requests, such as bidding nearly $1.6 billion in the H-block auction, are “far-reaching” and “interdependent,” it said. The commission should ensure that “to the extent it determines that grant of Dish’s petition is warranted, it has the ability to enforce Dish’s commitments and ensure its compliance with the commission’s rules,” Sprint said. AT&T’s comment urged the commission to grant Dish’s petition. NTCH said Dish’s request for a waiver and extension of time “is procedurally and otherwise improper.” If Dish wants the AWS-4 rules to be changed, “it should request that the commission open an appropriate rulemaking to vet the issues in an orderly fashion,” NTCH commented. “If the commission is willing to accept a billion and a half dollars in exchange for a waiver, the integrity of the commission’s rules have been seriously compromised.” If Dish gains approval for converting 2000-2020 MHz to a downlink and wins the H block and a portion of J block, it could create a contiguous 30 MHz downlink block at 1995-2025 MHz “to go along with its 20 MHz downlink at 2180-2200,” said Stifel. Dish had no comment.