Dish, DEs Criticize FCC in AWS-3 Appeal

Dish Network and designated entities SNR Wireless and Northstar Wireless assailed FCC criticisms of their challenge to the agency's denial of $3.3 billion in designated entity bidding credits in the AWS-3 auction, in U.S. Court for the D.C. Circuit reply briefs this week. The commission consistently has given designated entity applicants the chance to file de facto control issues with guidance from FCC staff, and twice Northstar and SNR were denied that guidance, the appellant DEs said (docket 18-1209). The agency then found disqualifying de facto control issues that could have been addressed with that guidance, the DEs said, arguing they were treated differently from other DE applicants. Intervenor Dish said denying the bidding credits would hinder its entry into the wireless market. It said the court should direct the FCC to reinstate the Northstar and SNR applications. The FCC didn't comment Thursday.