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Dish: AWS-3 Credits Denial Hurts Competition

The FCC tacitly agreed Dish Network cured every de facto control issue with AWS-3 auction designated entities SNR Wireless and Northstar Wireless when the agency focused on new items to keep denying auction credits, and the commission hasn't provided adequate…

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justification for its focus as compared with large investors in other DEs whose applications for bidding credits were granted. That's per a Dish intervenor brief (in Pacer, docket 18-1209) Monday with the U.S. Court of Appeals for the D.C. Circuit on behalf of the SNR and Northstar challenge to being denied AWS-3 auction credits. Dish said its disparate treatment puts it at a competitive disadvantage in the wireless market relative to established incumbents that were able to invest in DEs, and the FCC hasn't offered a rationale "for such a departure from its pro-competition policies." The agency didn't comment Tuesday.