FCC Circulates Draft Item on New Applications by Dish DEs for AWS-3 Spectrum
A draft item hit the FCC's top floor Thursday on Northstar Wireless and SNR Wireless applications for new licenses in the AWS-3 bands, said the circulation list updated the next day. The designated entities and Dish Network recently restructured their relationship after the FCC clawed back spectrum awarded at a discount to those DEs in a major spectrum auction (see 1804040004). The Commission said the proceeding is restricted, so officials were tight-lipped. One analyst has said the agency may again nix the DEs' attempt to get an approximately 25 percent discount on the several billion dollars of spectrum.
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Dish loosened control of Northstar and SNR in responding to an August ruling by the U.S. Court of Appeals for the D.C. Circuit upholding the FCC decision to withhold the DEs' AWS-3 auction bidding credits due to their close connections to Dish. The D.C. Circuit remanded the case after it ruled the agency didn't give the parties enough opportunity to address the regulatory concerns (see 1708290012 and 1708290027). A commission spokesman declined to comment Friday. Other commissioner offices, and representatives of Dish, Northstar and SNR also didn't comment.
Analysts recently had differing opinions on the companies' prospects now. Maquarie's Amy Yong said the amended agreements put the parties "one step closer" to regaining a $3.3 billion AWS-3 bidding discount. New Street Research's Jonathan Chaplin said the FCC likely will again deny Dish and the DEs the bidding credits, citing the agency's "seemingly anti-Dish stance" (see 1804060026).
The court "ordered the FCC to give DISH the same opportunity to cure the deficiencies in the DE application that they have traditionally given other DE applicants," emailed Harold Feld, Public Knowledge senior vice president. "An Order once again rejecting the applications will need to show precisely what efforts staff made to work with the DE applicants to cure the control issues. If it appears that the Commission simply rejected the applications again with a mere pro forma review, the D.C. Circuit will almost certainly remand again." He said an FCC order "that shows obvious bias" against Dish while the company's cert petition at the Supreme Court is pending (see 1801290033) "would certainly help" its chance of being reviewed by justices.
Three other drafts circulated this past week, including an AM radio "revitalization" recon order. It addresses a "request for reconsideration of a rule change regarding an FM translator location," emailed the FCC spokesman. (The commission's tentative May agenda has an NPRM on FM translator interference (see 1804180068)). Also circulated was a Connect America Fund item on a Smart City Telecommunications petition to reconsider a 2016 order denying it a Section 51.917 rule waiver, and an "NCE Reserved Allotment Group 14 -- Otter Creek, Florida" item that "addresses an appeal of a decision regarding the allotment of a non-commercial radio station frequency," emailed the spokesman.