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Block Dish, Dish-Backed DEs From Bidding in AWS-3 Reauction, T-Mobile Tells FCC

T-Mobile told the FCC it should reject arguments by Dish Network and two Dish-backed designated entities that they should be able to bid a second time on licenses they opted not to buy after being the initial winners in the…

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AWS-3 auction. T-Mobile initially argued against Northstar Wireless and SNR Wireless participating in the AWS-3 reauction in late October (see 1511020064). The two DEs responded then, calling the letter an “untimely request for reconsideration” of the Aug. 18 FCC order, which said the conduct of Dish, Northstar and SNR during the AWS-3 auction didn't violate commission rules (see 1511100041). “Having gamed the system once” the two DEs “want the Commission to allow them to do it again,” T-Mobile said in a filing posted Wednesday in docket 12-268. “The Commission should not allow DISH or the DISH DEs to hide behind procedural arguments to avoid the consequences of their attempts to undermine the integrity of the AWS-3 auction.” Instead, the FCC should “discourage similar action by others” by barring Dish and the DEs from participating in the re-auction “and require them to pay an additional 50 percent upfront payment if they choose to participate in the upcoming incentive auction,” T-Mobile said. It responded directly to the subsequent filings by Northstar and SNR. “The DISH DEs fail to provide any substantive reason why the Commission should not take the steps that T-Mobile has recommended to ensure the integrity of its future auctions,” the carrier said. “The far-reaching consequences of DISH and the DISH DEs’ improprieties in the AWS-3 auction process must be addressed.” Dish and SNR said they aren't commenting. Northstar didn't comment by our deadline.