T-Mobile and MetroPCS Petition FCC for Dish Spectrum

T-Mobile and MetroPCS have both filed petitions with the FCC to force Dish Networks to give up about half of the spectrum holdings, reports Fierce Wireless. Dish owns 40MHz of spectrum licenses in the 2000-2020MHz and 2180-2200MHz bands. It is hoping to use for a terrestrial 4G LTE network.

T-Mobile and MetroPCS are asking the FCC to force Dish to give up about 20MHz of its licenses as a condition for approval for its LTE proposal.

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T-Mobile’s filing said, “Dish should be forced to put up 20 MHz of its holdings for sale at auction to “avoid a windfall.”

“Such an approach would align with the Commission’s longstanding policy of preventing windfalls from spectrum arbitrage and avoid the marketplace distortions and perverse incentives for future behavior that typically result when a single market participant receives valuable assets without offering any concessions (or agreeing to any public interest conditions) in return,” T-Mobile said.

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MetroPCS argued that the band’s “existing licensees” – Dish – should relinquish half of its licenses for terrestrial rights on the remaining spectrum to prevent an “unprecedented” and “undeserved” windfall.

The Rural Cellular Association contends that Dish should be forced to offer roaming agreements to smaller carriers at cost-based rates if its network were to be approved. Additionally, the RCA says that Dish should not be allowed to offer roaming agreements to AT&T or Verizon Wireless without first going through the FCC.

Dish hopes to be able to launch its network by 2016, though it says that it may take longer than that to build it out. The FCC has proposed that Dish have its network cover 30 percent of the U.S. population within three years of getting approval.

In its comments, CTIA called the commission’s proposed penalties for failure to meet AWS-4 buildout requirements “unprecedented.” The penalties, which would include automatic license terminations, “are contrary to the public interest and unduly burdensome and potentially harmful not only to licensees but also to potential consumers of the new service,” said CTIA.

See Dailywireless: Dish to FCC: More Time for MSS Terrestrial Buildout, Dish LTE-Advanced Called “Ollo”, Mr Ergen Goes to Washington, Dish Clarifies LTE-Advanced Plan, AT&T Competitors: No 700MHz Roaming, Dish: Show Me the Money!, Dish Talks Up Terrestrial LTE


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