SES Talks C-Band Dispute Resolution With FCC

Rather than deferring action on a C-band reimbursement claim that's being disputed by a C-band incumbent until the FCC resolves the dispute, the C-band clearinghouse should disburse the incumbent's approved claim pending the outcome of the appeal to the agency, SES representatives told FCC Wireless and International bureau and Office of General Counsel staffers, per a docket 18-122 filing Tuesday. That wouldn't lead to fraud because incumbents are only going to appeal if they believe they're entitled to more than the amount determined by the clearinghouse, SES said. It also said the FCC should require the clearinghouse to adopt a rule allowing the party that succeeds on the merits in a dispute to get reimbursement of its arbitration or mediation expenses while the party that loses should be precluded from seeking reimbursement of its expenses, in order to disincentivize frivolous arbitration and mediation.