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Dish Network urged the FCC to deny NTCH’s...

Dish Network urged the FCC to deny NTCH’s request to review Dish’s waiver regarding operations of its AWS-4 spectrum. “NTCH does not, and cannot, explain why it is harmed in any way by the flexibility and additional buildout time provided…

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by Dish,” said the direct broadcast satellite company in an opposition filing in docket 13-225 (http://bit.ly/1f2gUlT). It said NTCH mischaracterizes Dish’s H-block bidding commitment, the Wireless Bureau’s decision and commission precedent. Dish said its interest in the H-block auction “was related to the requested flexibility for the lower AWS-4 band.” Absent the flexibility that was granted, Dish isn’t able to fully utilize the lower AWS-4 band in the uplink direction given that the adjacent H block is planned for downlink use, it said. The bureau’s inclusion of the H-block bidding commitment in its public interest analysis was hardly unprecedented, the company said. It said that in 1995, “the commission cited MCI’s commitment to bid $175 million for Advanced’s DBS channels, if the FCC chose to reclaim them.” NTCH claimed that the waiver gives Dish an unfair advantage in the H-block auction, which began Jan. 22 (CD Jan 24 p10).