SCOTUS Cert Petition Deadline for Dish DEs Extended
Supreme Court Chief Justice John Roberts granted Dish Network designated entities Northstar Wireless and SNR Wireless until Dec. 16 to file a cert petition, per a notation Monday in SCOTUS docket 22A401. Northstar counsel Paul Clement of Clement & Murphy…
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requested the extension to better familiarize himself with the case. Northstar and SNR are challenging the U.S. Court of Appeals for the D.C. Circuit's upholding the FCC's denial of AWS-3 auction bidding credits for the DEs (see 2206210065). "It is difficult to imagine a regime less consistent with due process or basic principles of administrative law," said Clement in the filing. "Yet the D.C. Circuit saw nothing wrong with the FCC’s behavior, or with the fact that Northstar is now on the hook for nine-figure penalties for failing to comply with amorphous standards that have survived scrutiny thus far only because the agency has always worked with applicants to cure any shortcomings between the applicants’ front-end guess of what the agency wants and the agency’s back-end, totality-of-the-circumstance determination."