Phoenix Center To File Brief in Support of Dish DEs' Appeal
The FCC "acted in an arbitrary and capricious manner" in denying Dish Network's designated entities Northstar and SNR the use of bidding credits to buy spectrum in the AWS-3 auction, the Phoenix Center said in a notice of intention to…
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file an amicus curiae brief in support of the Dish DEs. The notice, filed Wednesday with the U.S. Court of Appeals for the D.C. Circuit, said the Phoenix Center will file its 7,000-word brief on Jan. 19, and that it will include an analysis of AWS-3 auction data that will show FCC conduct "raises serious questions of procedural due process." The FCC didn't comment. The Dish DEs in September appealed the FCC's August decision denying them use of the bidding credits (see 1509180048).