Telcos Argue Against Northstar Cert Petition Over AWS-3 Auction Credits
Dish Network designated entity Northstar Wireless' legal fight isn't about a supposed uncertainty in FCC spectrum auction rules but with the agency's rationale for denying it small business auction credits, AT&T, T-Mobile and Vermont National Telephone told the Supreme Court…
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Monday in a private respondents brief in opposition (docket 22-672). That makes Northstar's cert petition (see 2301230007) a case-specific challenge to the reasonableness of the FCC action, and has nothing to do with due process requirements, the telcos said. Northstar's challenge "is not only fact bound but meritless" since the FCC "quite reasonably" denied the small business bidding credits due to Northstar acting as a front for big business Dish, the respondents said. They said Northstar gave no effective response to the fact the whole case could be rendered moot by Northstar last year exercising its put option to sell itself to Dish.