Other companies besides Dish are interested in T-Mobile’s 800MHz spectrum
Consulting firm Burns & McDonnell has asked the court to participate in the proceedings involving Dish’s extension request
Levin also noted that the utilities are working with Anterix; this is the company that describes itself as the largest holder of licenses in the 900MHz band. The Chairman is Nextel co-founder Morgan O’Brien. The current holdings of the telecommunications service company, which delivers private broadband to utilities, don’t include any nationwide spectrum. As a result, Anterix might also be interested in the 800MHz spectrum.
B&M’s entry in the court proceedings gives the court another option to choose if it decides not to award the extension to Dish. But it leaves a tough decision for the Department of Justice. NSR’s Levin says that the DOJ can “double down” on its bet making Dish the fourth major U.S. wireless competitor, or continue its tradition of not favoring a modification (in this case the extension Dish is asking for) in a Final Judgment involving a merger. Still, the decision whether to grant Dish the extension will be up to the court.
T-Mobile wants the court to reject Dish’s request for an extension
T-Mobile is asking the court to reject the request by Dish for a 10-month extension. LightReading received a statement from the carrier that said, “Our position is explained in the filing: Dish’s motion should be denied. They continue to tie up valuable 800MHz spectrum that they have not yet even committed to buy. Their hardship claim is a stalling tactic that is detrimental to putting this spectrum to use for consumers.”
The nation’s second largest wireless provider also pointed out that the 2019 agreement between it and Dish specifically prevents the companies from delaying the deal due to the financial position of either company. As T-Mobile told the court, “”The possibility that Dish might find it ‘more onerous than anticipated’ to obtain financing was not only foreseen by the parties but specifically addressed and prohibited as a basis for not performing on their contract.”
T-Mobile wrote, “Burns & McDonnell Engineering states that it has been ‘planning for years’ to purchase the spectrum if Dish does not buy it. Burns & McDonnell reports that it would ‘leverage the nationwide spectrum for targeted community benefit enabling critical infrastructure operators like electric utilities to deploy wireless broadband networks.’ The sooner the licenses are sold, the better.”
