The US Federal Communications Commission (FCC) has proposed to allow the satellite TV provider to use 40MHz of broadband-ready AWS-4 wireless spectrum, but with some restrictions.
Conversely, the satellite TV provider has criticised the FCC’s plan that the proposal is so confined that it could delay a network build out for several years.
DISH executive vice president and general counsel Stanton Dodge said whilst the FCC’s proposed order, as per the reported accounts, meets some of the opportunities with the spectrum, it’s flawed by bringing in serious restrictions that damage its use.
"While the FCC would grant full terrestrial rights, its proposal to lower our power and emissions levels could cripple our ability to enter the business," Dodge said.
"The good news is that this proposed order is not final and we urge Chairman Genachowski and the Commissioners to recognize that the DISH plan delivers on the greatest public interest — the most investment, the most jobs and the most spectrum.
"We stand ready to work with the full Commission on final rules that put the full AWS-4 spectrum to work for America and that advance the future potential of the H Block."
The H Block comprises two 5MHz slices of spectrum, while they would be blended with Sprint’s existing LTE spectrum and increase the capacity of its network.
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"Sprint’s position on the H Block would render useless 25% of DISH’s uplink spectrum so that Sprint is positioned to merely gain the exact same amount of spectrum," Dodge said.
"This is a zero-sum approach that does not result in a net spectrum gain for the American consumer when the wireless economy needs access to all available spectrum. Nor does this approach add jobs."
Adoption the new draft by FCC would likely lead to reopening of Third Generation Partnership Project (3GPP) specification, in addition to an FCC rulemaking for the H Block.
Dish said that the until the knowledge regarding management of issues related to interference from the H Block is gained, all the activities including radio design and network build out have to be put on hold.
The proposal is expected go for vote by the commissioners by the end of the year which will allow the company to launch LTE services.
