The FCC denied a pair of petitions for reconsideration by NTCH on the agency's allowing Dish Network to convert 2 GHz band satellite spectrum for terrestrial wireless use, as expected (see 1808130040). In an order released Thursday, commissioners said NTCH hadn't shown it met the threshold requirements for justifying reconsideration and it separately denied them on their merits. It said NTCH's arguments on whether modification of the 2 GHz licenses constituted a fundamental change needed to be raised during the course of the rulemaking, and its license changes were "neither fundamental nor radical." It dismissed NTCH arguments the AWS-4 band should be limited to terrestrial operations, saying that goes beyond the scope of the proceeding to establish service rules for the spectrum. The agency denied NTCH's application for review of the H Block auction procedures (here), saying the company criticized the aggregate reserve price setting, but didn't identify any statute, regulation, precedent or policy that goes against setting an aggregate reserve price. It denied NTCH's application for review of the Wireless Bureau allowing Dish to use AWS-4 spectrum for uplinks or downlinks and an extended AWS-4 buildout deadline (here), saying it hadn't shown the bureau decision caused NTCH any harm. NTCH outside counsel Don Evans of Fletcher Heald said the company will challenge the FCC orders in court. He said the orders ignored that the H-block auction "was rigged," with the Dish waiver being granted on the assumption the company would bid what it ultimately did.

Pointed questions on contested claims a May 2017 a distributed denial-of-service attack cause a breakdown of the electronic comment filing system and the recently aborted Sinclair buy of Tribune appear likely to be a major feature of the Senate Commerce Committee's Thursday FCC oversight hearing, communications lawyers and lobbyists said in interviews. The panel is expected to echo themes of the House Communications Subcommittee's July FCC hearing (see 1807250043), including a focus on 5G deployments and upcoming spectrum auctions. Chairman Ajit Pai and the other three commissioners are expected to testify (see 1808030014).

The FCC Wireless Bureau posed 49 paragraphs of questions to T-Mobile on its proposed buy of Sprint. The FCC also asked Sprint for information spanning 48 paragraphs. Bureau Chief Donald Stockdale said in cover letters the agency needs more information to properly review the takeover. This appears typical of what's asked of companies in the middle of a similar big transaction, industry lawyers said. Both companies filed a public interest statement in June (see 1806190062). Many say the deal could face a tough time before federal regulators. The letters were posted Wednesday in docket 18-197.

The FCC wants to dispose of NTCH petitions for reconsideration dealing with the agency allowing Dish Network to convert satellite spectrum for terrestrial wireless use, according to insiders and court documents. Related drafts were included in an array of items circulated at the agency last week (see here). NTCH had sought a writ of mandamus from the U.S. Court of Appeals for the D.C. Circuit over what it said were petitions trapped "in administrative limbo."

The Intelsat/SES/Intel plan for clearing a portion of the C-band could very well face disagreements among satellite operators, cable companies and wireless interests and their industry groups when comments start coming in on an order and NPRM approved 4-0 in July (see 1807120037), experts and insiders told us. The texts haven't been in the Federal Register. Intelsat CEO Stephen Spengler told us the coalition expects to gain support from incumbent C-band end users over time: "It will be recognition the approach we have made avoids the possibility of the worst outcome" of spectrum sharing.

The FCC posted a public notice on 28 and 24 GHz auctions in docket 18-85 and in 14-177 a Further NPRM proposing a new approach on the 39 GHz band. Both were approved by commissioners 4-0 Thursday (see 1808020025). The only major change from drafts is the FCC now proposes to allow incumbents in the 39 GHz band to use vouchers to acquire new spectrum rights in any of the bands being auctioned. “Our goal is to facilitate the reconfiguration of existing 39 GHz spectrum holdings -- currently licensed in small spectrum block sizes and mismatched geographic areas -- into more contiguous swathes of spectrum that are conducive to wireless broadband deployment, including 5G services,” the FNPM said. “The reconfiguration of incumbent 39 GHz holdings would protect and enhance incumbents’ existing spectrum usage rights, and would increase opportunities for the Commission to offer new licenses for contiguous spectrum blocks at auction.”

The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."

The two 5G items set for a vote by commissioners Thursday are expected to get 4-0 votes, FCC and industry officials said. The items are expected to be approved largely as circulated by Chairman Ajit Pai last month (see 1807110053). The items address the 39 GHz band and lay out the rules for the FCC’s first high-band auctions. They are important but “mostly noncontroversial,” said a lawyer with wireless carrier clients: “The fireworks might be reserved” for the infrastructure item (see 1807260036). The FCC didn't comment.

T-Mobile asked the FCC to clarify that it can bid in spectrum auctions independent of Sprint, despite its proposed purchase of the smaller carrier. T-Mobile said “pending merger agreements” with Sprint aren't a joint-bidding arrangement under FCC rules. T-Mobile said executives spoke with Commissioner Brendan Carr, aides to the other commissioners, Wireless Bureau Chief Donald Stockdale and others. “The Commission intended for the joint-bidding prohibition to be narrow in scope,” the carrier said in docket 18-85. “Over-broad interpretation of the term ‘post-auction market structure’ would create uncertainty over the permissibility of nearly any business decision with the potential to alter the wireless communications sector, in any way or degree. For example, a nationwide provider’s decision to cooperate with another nationwide provider on infrastructure deployment could be said to alter the ‘post-auction market structure’ of the existing wireless sector.”

Key Republicans backed and Democrats attacked deregulatory FCC policies under Chairman Ajit Pai at a House Communications Subcommittee oversight hearing Wednesday. GOP leaders lauded commission actions to improve emergency communications, update media regulations and promote broadband deployment. Democrats blasted the agency's net neutrality rollback and other deregulatory moves as favoring big industry players and even complicating national security. Pai and other commissioners had provided prepared testimony (see 1807240056).