FCC Upholds Wireless Bureau Remand Order on Dish Designated Entities
The FCC upheld a January Wireless Bureau order on Dish Network designated entities Northstar Wireless and SNR Wireless and their AWS-3 auction bidding credits. The bureau gave the DEs 90 days to renegotiate business arrangements with Dish and show how…
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they qualify for their AWS-3 auction bidding credits (see 1801240053). The U.S. Court of Appeals for the D.C. Circuit in August upheld FCC denial of those bidding credits, but gave the DEs a chance to negotiate a solution to Dish's de facto control (see 1708290012). “The process established in the Order on Remand to be responsive to the Court’s mandate and we affirm the Order on Remand,” the FCC said in Friday's Daily Digest. “The mandate does not require the Commission to hold 'responsive, back-and-forth discussions' with the Applicants. Nothing in Section 402(h) of the Act or the Court’s mandate limits the FCC’s discretion under Section 4(j) of the Act so as to require the FCC to ‘negotiate iteratively’ with Northstar and SNR Wireless in the fashion they now contemplate.” The companies didn't comment.