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Dish Use of DEs in AWS-3 Auction Won't Be Referred to Enforcement Bureau, Dish Says

Dish Network officials have been told the FCC will deny its proposed use of bidding credits to buy AWS-3 spectrum indirectly through designated entities Northstar Wireless and SNR Wireless, Dish said in a filing Wednesday with the SEC. Dish reported…

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on a meeting with the FCC, also Wednesday. A draft order by the FCC Wireless Bureau has found that Dish “has a controlling interest in Northstar Wireless and SNR Wireless, therefore DISH’s revenues should be attributed to them, which in turn makes Northstar Wireless and SNR Wireless ineligible to receive the 25 percent bidding credits,” Dish said. Northstar Wireless used $1.9 billion and SNR $1.4 billion in bidding credits in the auction, Dish said. The FCC has also determined that Northstar and SNR are eligible to hold the licenses and questions of bidding irregularities shouldn't be referred to the Enforcement Bureau or Department of Justice, Dish said. FCC Chairman Tom Wheeler indicated last week that he had recommended a course for addressing the Dish bids in the AWS-3 auction (see 1507160054). The filing Wednesday is the first concrete information available on Wheeler’s draft proposal.