FCC Denies NTCH Petitions Regarding Dish Use of 2 GHz Band
The FCC denied a pair of petitions for reconsideration by NTCH on the agency's allowing Dish Network to convert 2 GHz band satellite spectrum for terrestrial wireless use, as expected (see 1808130040). In an order released Thursday, commissioners said NTCH…
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hadn't shown it met the threshold requirements for justifying reconsideration and it separately denied them on their merits. It said NTCH's arguments on whether modification of the 2 GHz licenses constituted a fundamental change needed to be raised during the course of the rulemaking, and its license changes were "neither fundamental nor radical." It dismissed NTCH arguments the AWS-4 band should be limited to terrestrial operations, saying that goes beyond the scope of the proceeding to establish service rules for the spectrum. The agency denied NTCH's application for review of the H Block auction procedures (here), saying the company criticized the aggregate reserve price setting, but didn't identify any statute, regulation, precedent or policy that goes against setting an aggregate reserve price. It denied NTCH's application for review of the Wireless Bureau allowing Dish to use AWS-4 spectrum for uplinks or downlinks and an extended AWS-4 buildout deadline (here), saying it hadn't shown the bureau decision caused NTCH any harm. NTCH outside counsel Don Evans of Fletcher Heald said the company will challenge the FCC orders in court. He said the orders ignored that the H-block auction "was rigged," with the Dish waiver being granted on the assumption the company would bid what it ultimately did.