FCC Waivers for Dish 'Unheard of,' NTCH Says in DC Circuit Complaint
The FCC's deal with Dish Network, in which Dish agreed to bid $1.5 billion in the H-block spectrum auction in exchange for waiving of some rules on Dish's AWS-4 licenses, "is unheard of in the annals of administrative law," NTCH…
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said in a docket 18-1241/18-1242 initial brief (in Pacer) Thursday with the U.S. Court of Appeals for the D.C. Circuit. NTCH sued after the agency in August upheld a Wireless Bureau waiver request it was appealing (see 1808160065). In its brief, NTCH said the FCC set the reserve price in that auction at an unreasonably high level tied to the Dish deal to discourage potential bidders and ensure Dish would win most or all licenses. It said the construction extension Dish received ran contrary to well-established FCC policy on extending time for wireless system buildouts. The FCC challenged NTCH's standing (see 1810250056), and the company in its brief said it complied with the agency's standing requirements and it has Article III standing under the Constitution since the regulator's actions deprived the company of an opportunity to get an H Block license. The agency didn't comment.