Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
The U.S. government will seek dismissal of Vermont National Telephone (VTEL) litigation against Dish Network designated entities (DE) Northstar Wireless and SNR Wireless over allegations of fraud in the 2015 AWS-3 auction. The U.S. is the relator in the VTEL litigation. DOJ filed a notice of intent to intervene and dismiss Friday with the U.S. District Court for the District of Columbia (docket 1:15-cv-00728). It hasn't said in court filings the reasoning behind its move to get the case dismissed, and didn't comment Monday. The U.S. Court of Appeals for the D.C. Circuit in 2022 reversed the lower court's dismissal of VTEL's False Claims Act suit against the Dish DEs and remanded it to the D.C. District Court (see 2205170026).
The U.S. government will seek dismissal of Vermont National Telephone (VTEL) litigation against Dish Network designated entities (DE) Northstar Wireless and SNR Wireless over allegations of fraud in the 2015 AWS-3 auction. The U.S. is the relator in the VTEL litigation. DOJ filed a notice of intent to intervene and dismiss Friday with the U.S. District Court for the District of Columbia (docket 1:15-cv-00728). It hasn't said in court filings the reasoning behind its move to get the case dismissed, and didn't comment Monday. The U.S. Court of Appeals for the D.C. Circuit in 2022 reversed the lower court's dismissal of VTEL's False Claims Act suit against the Dish DEs and remanded it to the D.C. District Court (see 2205170026).
Wireless carriers are concerned and have many questions about the administration's processes for proposed studies under the national spectrum strategy that will examine the future of five bands as part of a possible spectrum pipeline, industry and government officials said. Carriers are most concerned about two bands, the lower 3 GHz and 7/8 GHz, which they see as possible spectrum for full-power licensed use. Meanwhile, USTelecom CEO Jonathan Spalter urged the leaders of the House and Senate Commerce committees Thursday night to reach a deal on legislation to “unite behind a national spectrum strategy” and reinstate the FCC’s lapsed auction authority.
Broadband Grant Tax Treatment Act (HR-889/S-341) lead Senate sponsor Mark Warner, D-Va., is considering attaching the measure’s language to the House-approved Tax Relief for American Families and Workers Act (HR-7024) ahead of the upper chamber’s consideration of the package. Lobbyists question whether there’s sufficient momentum for swift action on HR-889/S-341 despite communications industry interest. Meanwhile, a potential bid to allocate $3.08 billion from an FCC reauction of 197 returned AWS-3 licenses to fully fund the Secure and Trusted Communications Networks Reimbursement Program (see 2401240001) is unlikely to become part of the 2024 National Security Act supplemental appropriations package but could be a factor in talks for other must-pass legislation this year.
Senate Commerce Committee members Deb Fischer, R-Neb., and John Hickenlooper, D-Colo., urged Congress Monday to advance their Defend Our Networks Act (S-1245), closing a $3.08 billion funding gap for the FCC's Secure and Trusted Communications Networks Reimbursement Program. Filed last year, the bill would reallocate 3% of unspent and unobligated funding from the FY 2021 appropriations omnibus, the 2021 American Rescue Plan Act and other COVID-19 aid packages to make up rip-and-replace's deficit (see 2304210069). Other lawmakers are eyeing directly appropriating the funding amid stalled work on a spectrum legislative package that some hoped could use future FCC auction revenue to repay a proposed loan (see 2311070050). Sen. Steve Daines, R-Mont., recently proposed paying for rip and replace by authorizing the FCC to reauction the 197 AWS-3 licenses that Dish and affiliated designated entities returned to the agency last year after it denied them $3.3 billion in bidding credits (see 2401240001). “Nearly all of the 85 companies that received approval by the FCC for costs to rip and replace the untrusted equipment are still waiting for their full federal reimbursement,” Fischer and Hickenlooper said in an opinion piece in The Hill. “Communications providers, many of them smaller companies, can’t pay to replace these technologies without help.” Absent more federal funding, “they’ll either refrain from ripping it out or will be forced to shut down parts or all of their networks,” the senators wrote: “We need telecom companies to remove China’s surveillance infrastructure [from cell towers] and replace it with secure equipment, but we can’t force these critical businesses to go broke in the process.” They cited China's spy balloons flying over the U.S. last year as a “sobering surveillance threat. The urgency of its removal cannot be understated.”
Sen. Steve Daines, R-Mont., is considering attaching an amendment to a pending national security supplemental spending bill that would allocate $3.08 billion to fully fund the Secure and Trusted Communications Networks Reimbursement Program, communications officials and lobbyists said in interviews. Telecom-focused lawmakers are still eyeing FY 2024 appropriations bills as vehicles for allocating rip-and-replace money, and some are pushing to keep using a spectrum legislative package to pay for it. President Joe Biden asked Congress to authorize the additional rip-and-replace money in October as part of a domestic funding supplemental separate from the national security request (see 2310250075).
Dish Network transferred some spectrum licenses, including AWS-4, H Block, CBRS, 12 GHz, 24 GHz, 28 GHz, 37 GHz, 30 GHz and 47 GHz, to a sister EchoStar subsidiary, EchoStar Wireless, while retaining ownership of other licenses including 600 MHz, 700 MHz, 3.45 GHz and AWS-3, parent EchoStar said Wednesday. EchoStar said the move "optimized strategic and financing flexibility." Spectrum and space consultant Tim Farrar posted on X that the moved spectrum "is mostly peripheral or low in value, and perhaps therefore more readily saleable to raise cash."