Sources: Ergen to Make Personal Pitch to FCC on Spectrum Proposal

FCC, Dish at odds over how commission would free up satellite spectrum for terrestrial use

By John Eggerton -- Broadcasting & Cable, 11/28/2012 5:41:36 PM

FCC sources confirm that Dish chairman Charlie Ergen is planning to meet with commissioners and staff Thursday to talk about the FCC's proposal to allow Dish and others to use satellite spectrum for terrestrial broadband.

Dish was denied a waiver request to use its spectrum for a terrestrial 4G net while the FCC teed up a broader reform of its rules, but was unhappy when the result included restrictions on use of the spectrum to protect adjacent spectrum the FCC plans to auction to open up even more real estate for wireless broadband.

Dish has said those restrictions could cripple its plans to launch that network, while the FCC has suggested that Dish simply wants to wants to destroy the value of adjacent spectrum the restrictions are meant to protect in order to reap a private windfall.

According to a highly placed source, at least two of the five commissioners have already voted to approve the item, though that is one short of the needed three. At least one commissioner has not voted the item in part so they can first hear Ergen make his case, according to the source.

A Dish spokesperson had not returned a request for comment at presstime.