Dish DE Decision Sets 'Troubling Precedent,' Tech Groups Say

The U.S. Court of Appeals for the D.C. Circuit decision Dish Network designated entities should reasonably have anticipated how the FCC might adopt a new standard on effective control "sets a troubling precedent in administrative law," tech and other groups told the Supreme Court in a docket 17-1058 amicus brief posted Monday. The DDEs are appealing handling of AWS-3 auction bidding credits (see 1801290033). The amicus filers said the agency could have rejected SNR Wireless and Northstar Wireless based on their short-form application when it was aware of their financial relationships to Dish, and "basic fairness" should require an agency at least warn an applicant about the possibility some financial relationship might make DE credits unacceptable. They said the "reasonably anticipate" standard invalidates bureau-level decisions as precedent, leaving counsel in major business dealings adrift without guidance. Signing were the Computer and Communications Industry Association, International Center for Law and Economics, Phoenix Center, Public Knowledge, R Street Institute and TechFreedom. The FCC didn't comment.