Dish DE's Challenge 'Factbound.' Potentially Moot, FCC Tells SCOTUS
Northstar Wireless isn't challenging the standards applied by the appellate court or that court's conclusion that Northstar was de facto controlled by Dish Network under FCC rules, the agency told the U.S. Supreme Court Thursday in a docket 22-672 reply…
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to Northstar's cert petition (see 2301230007). It said Northsrtar's contention -- that it didn't get fair notice of the standards the FCC would apply in evaluating its renegotiated agreements with Dish or a meaningful opportunity to cure the previously identified de facto control deficiencies -- is "factbound" and lacks merit, the agency said. The FCC said since Northstar exercised a put right that requires Dish to buy it, and the transfer of control of licenses to Dish is pending. If that gets approved, the FCC said, Dish will have undisputed de jure control of Northstar's license, mooting the question of whether Dish already had de facto control, it said.