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Wireless Telecommunications Bureau Seeks Comment on DISH Request

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Released: September 13, 2013


Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1877
Released: September 13, 2013




WT Docket No. 13-225

Comment Date: September 30, 2013

Reply Date: October 10, 2013

On September 9, 2013, the DISH Network Corporation, on behalf of its wholly-owned
subsidiaries, Gamma Acquisition L.L.C. and New DBSD Satellite Services G.P. (collectively, "DISH"),
filed a Petition for Waiver and a Request for Extension of Time ("DISH Request") with the Wireless
Telecommunications Bureau ("Bureau").1 Specifically, DISH requests waiver of certain technical rules
for the 2 GHz band at 2000-2020 MHz and 2180-2200 MHz ("AWS-4 band") to permit operational
flexibility to use the lower AWS-4 block, 2000-2020 MHz, currently designated as an uplink band, for
either uplink or downlink operations.2 In addition, DISH requests an extension of the final build-out
requirement for each of the AWS-4 licenses.3 The purpose of this public notice is to announce the
opening of a docket, WT Docket No. 13-225, to seek comment on DISH's request and to establish the ex
status of discussions related to the Petition for Waiver and Request for Extension of Time.
DISH, which is also the Mobile Satellite Service licensee in the 2000-2020 and 2180-2200 MHz
bands, asserts that "[g]rant of the requested flexibility will serve and promote the underlying objectives of
the Commission's AWS-4 rules by enabling DISH to utilize all of the AWS-4 spectrum more robustly

1 DISH filed its pleading as an attachment in the Universal Licensing System (ULS) to all of the AWS-4 licenses
held by its wholly-owned subsidiaries, Gamma Acquisition L.L.C. (Call Signs T060430001 - T060430176) and
New DBSD Satellite Services G.P. (Call Signs T070272001 - T070272176).
2 Pursuant to Sections 1.3 and 1.925(b)(3)(i) of the Commission's rules, DISH seeks a waiver of Section 27.5(j),
which sets forth pairing requirements for AWS-4, and Section 27.53(h)(2)(ii), which imposes out-of-band emission
limits for AWS-4 operations in the 2000-2020 MHz band, as well as other technical AWS-4 rules "to the extent
required." DISH Request at 2 & n.2, 6 & n.11, 9-12. See 47 C.F.R. 27.5(j), 27.53(h)(2)(ii); see also Service
Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands, WT Docket Nos. 12-70,
04-356, ET Docket No. 10-142, Report and Order and Order of Proposed Modification, 27 FCC Rcd 16102 (2012)
(AWS-4 Report and Order), recon. pending.
3 Pursuant to Section 1.946(e) of the Commission's rules, DISH requests a one-year extension of the final
construction requirement set forth for AWS-4 licenses in Section 27.14(q). See 47 C.F.R. 27.14(q).

and by improving the extent to which the AWS-4 band coexists with future licensees in the adjacent H
and J Blocks."4 DISH further states that grant of such operational flexibility will permit AWS-4
operations in the 2000-2020 MHz block to be harmonized with operations in the adjacent PCS band, and
H and J Blocks, thus potentially providing up to 30 megahertz of contiguous downlink spectrum.5 If the
requested relief is granted, DISH commits to file, "as soon as commercially practicable but no later than
30 months after the grant of [its] petition . . . an election with the Commission stating whether it will
deploy the 2000-2020 MHz band for downlink or uplink use."6
With regard to its request for extension, DISH asserts that a one-year extension of the final build-
out requirement for AWS-4 is "necessary for DISH to update its network and device planning to
accommodate the requested flexibility."7 Among other things, DISH states that it will need to "initiate
work for a new standard from the 3rd Generation Partnership Project ("3GPP")[,] . . . restart work to
design devices and base stations, and make substantial changes to its network planning."8

Procedural Matters

To allow the Commission to consider fully all substantive issues regarding the DISH request

in as timely and efficient a manner as possible, commenters should raise all issues in their initial
filings. New issues may not be raised in responses or replies.9 A party or interested person seeking
to raise a new issue after the pleading cycle has closed must show good cause why it was not
possible for it to have raised the issue previously. Submissions after the pleading cycle has closed
that seek to raise new issues based on new facts or newly discovered facts should be filed within 15
days after such facts are discovered. Absent such a showing of good cause, any issues not timely
raised may be disregarded by the Commission.

This matter shall be treated as a "permit-but-disclose" proceeding in accordance with the ex parte
rules.10 Persons making ex parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all
data presented and arguments made during the presentation. If the presentation consisted in whole or in
part of the presentation of data or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide citations to such data or

4 DISH Request at 2. See also DISH Request at 6-11, 14-15. See Service Rules for Advanced Wireless Services H
Block--Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the
1915-1920 MHz and 1995-2000 MHz Bands, WT Docket 12-357, Report and Order, 28 FCC Rcd 9483 (2013) (H
Block Report and Order
); Amendment of the Commission's Rules with Regard to Commercial Operations in the
1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands; GN Docket No. 13-185, Notice of Proposed
, FCC 13-102, rel. July 23, 2013 (AWS-3 NPRM).
5 DISH Request at 16.
6 DISH Request at 1-2.
7 DISH Request at 5.
8 DISH Request at 17.
9 See 47 C.F.R. 1.45(c).
10 47 C.F.R. 1.1200 et seq.

arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to
be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings
governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte presentations, and all
attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission's ex parte rules.
Comments are due no later than the Comment Date listed on the first page and reply comments
are due no later than the Reply Date listed on the first page of this public notice. All filings should
reference the docket number of this proceeding, which is listed on the first page of this public notice.
Under the Commission's current procedures for the submission of filings and other documents,11
submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the

If filed by ECFS

,12 comments shall be sent as an electronic file via the Internet to In completing the transmittal screen, commenters should include
their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties
may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail
comments, commenters should send an e-mail to, and should include the following
words in the body of the message, "get form." A sample form and directions will be sent in reply.

If filed by paper

, the original and one copy13 of each filing must be filed by hand or messenger
delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.
All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th Street, S.W., Room TW-A325, Washington, D.C.
20554. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be disposed of before entering
the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the Commission's Secretary, Office of
the Secretary, Federal Communications Commission.
One copy of each pleading must be delivered electronically, by e-mail or facsimile, or if delivered
as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set forth above for paper filings), to: the
Commission's duplicating contractor, Best Copy and Printing, Inc., at or (202) 488-
5563 (facsimile); and (2) Matthew Pearl, Broadband Division, WTB, at or (202)
418-7247 (facsimile). Any submission that is e-mailed to Best Copy and Printing should include in the
subject line of the e-mail: (1) the docket number of this proceeding, which is listed on the first page of this
public notice; (2) the name of the submitting party; and (3) a brief description or title identifying the type

11 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd 14312 (2009).
12 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
13 See 47 C.F.R. 1.51(c).

of document being submitted (e.g., WT Docket No. 13-225, [name of submitting party], Notice of Ex
Copies of the DISH Request and any subsequently-filed documents in this matter may be
obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S.W., Room CY-B402,
Washington, D.C. 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail
at The DISH Request and any associated documents are also available for public
inspection and copying during normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
DISH Request is also available electronically through ECFS, which may be accessed on the
Commission's Internet website at
To request materials in accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Contact the FCC to request
reasonable accommodations for filing comments (accessible format documents, sign language
interpreters, CART, etc.) by e-mail:; phone (202) 418-0530; TTY: (202) 418-0432.
For further information, contact Matthew Pearl, Broadband Division, Wireless
Telecommunications Bureau, at (202) 418-2670 or by e-mail at
By the Chief, Broadband Division, Wireless Telecommunications Bureau.
- FCC -

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