Saying Dish Network is just plain wrong, T-Mobile is arguing before the FCC that if the 12 GHz band gets freed up for mobile terrestrial use, it had better conduct an auction of the spectrum to award those rights.
T-Mobile has made this argument previously. After all, it’s not going to let a potentially lucrative slice of spectrum slip by. And it’s especially not going to let it go to Dish, which, even though a key enabler in the merger of T-Mobile and Sprint, hasn’t exactly been on T-Mobile’s good side in recent months.
Currently, the 12 GHz band is the subject of a Notice of Proposed Rulemaking (NPRM) at the commission, where a diverse set of stakeholders are debating its future. Elon Musk’s SpaceX wants it for the Starlink constellation, while Dish wants the rules changed so that the licenses it holds at 12 GHz can be used for two-way mobile 5G communications. T-Mobile, not one to pass up a shot at more mid-band spectrum, wants to see the 12 GHz spectrum auctioned before it’s awarded to Dish or anyone else for 5G purposes.
“Dish Network Corporation asserts that neither the record nor Commission precedent supports an auction of terrestrial mobile rights in the 12 GHz band and that the Commission should instead simply gift those rights to existing incumbents,” T-Mobile wrote in its September 21 filing (pdf). “Dish is both legally and factually wrong.”
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