Dish Provides Additional Comment on Proposed Spectrum Screen
Dish Network offered additional details to the FCC on its comments supporting an NPRM asking about revised spectrum aggregation limits (see 2311090051). The screen should “take into account spectrum contiguity, and should structure clear and effective presumptions and divestiture remedies…
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to avoid harm to competition and consumers for transactions that would exceed one of the screens,” said a filing posted Wednesday in docket 23-319. The screen should be calculated county by county. “The county-based calculations should be rolled up not only to the Cellular Market Area (CMA) as the Commission does today, but also to all of the other basic building blocks of … licensing areas -- meaning a Partial Economic Area (PEA) basis and Basic Trading Area (BTA) basis, as applicable,” Dish said: “Divestitures should be required for the largest licensing area of these three that is implicated in a case of screen exceedance and should include additional counties not covered by that licensing area as necessary to cure the exceedance.” Dish urged providers seeking to bid for additional spectrum that would exceed the screen should "disclose such current or potential exceedances in their short-form application, and provide evidence to rebut the presumption against any acquisition that would cause the exceedance in their long-form application.”