H-Block Auction Procedures Above Board, Contrary to NTCH Arguments, DOJ Says
Even if the U.S. Court of Appeals for the D.C. Circuit decides NTCH has standing to challenge a pair of FCC orders related to the H-block auction -- which it doesn't -- those auction procedures were reasonable, backed by the…
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record and accounted for statutory directives concerning auction proceeds use, DOJ said Tuesday in a docket 18-1241 appellee brief (in Pacer). NTCH sued after the agency upheld a Wireless Bureau waiver request it was appealing (see 1808160065). DOJ said the FCC had sought comment on Dish Network's waiver request months before start of auction bidding, so bidders were capable of considering it when deciding whether and how much to bid for H-block licenses. And it said Dish's waiver was conditioned on protecting H-block licensees from interference, so no H-block bidder was at a competitive disadvantage in the auction. NTCH outside counsel didn't comment Thursday.