Dish DEs Take FCC to Court Over Order Denying Them Bidding Credits for AWS-3 Spectrum

Northstar and SNR, the designated entities Dish Network used to bid in the AWS-3 auction, filed notices of appeal with the U.S. Court of Appeals for the D.C. Circuit, challenging an August decision by the FCC denying them the use of bidding credits to buy the spectrum, industry lawyers said Friday. That decision means the two would have to pay an additional $3.3 billion for the spectrum, bringing the total payment to $13.3 billion. Industry observers have predicted a legal challenge was likely, given the amount of money involved (see 1507240048). The SNR petition for review is said to argue that the FCC order is “arbitrary, capricious and an abuse of discretion,” violates SNR’s rights to due process and “contravenes” the Communications Act and other U.S. law.