FCC, Dish Urge SCOTUS to Stay Out of NTCH's Auction 96 Claims
NTCH's petition asking the Supreme Court to consider H-block waivers granted to Dish Network and the related spectrum auction order would have SCOTUS considering challenges to an order on which neither the FCC nor the U.S. Court of Appeals for…
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the D.C. Circuit has decided, said a commission opposition Monday (docket 20-410) to NTCH's petition for writ of certiorari. The D.C. Circuit vacated the waiver in February and remanded NTCH claims to the FCC (see 2002210044). The agency also opposed NTCH's challenge of the Auction 96 order, saying the D.C. Circuit found it "reasonable," which shows it wasn't arbitrary and capricious. Dish's opposition said NTCH's cert petition "hinges on the erroneous narrative that the FCC improperly adopted certain policy outcomes based on an alleged 'backroom' agreement with DISH." FCC justifications and process "easily satisfied" the Administrative Procedure Act and commission rules, Dish said, noting NTCH isn't arguing the D.C. Circuit conflicted with another appellate court or a state court of last resort or departs from accepted judicial proceedings. NTCH outside counsel didn't comment Tuesday.