Tampa8
Supporting Founder - I'll stand up and say so
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Tmobile files complaint to FCC against DISH
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Yeah, I was wondering when someone would fire the opening volley. Frankly I don't see how it's even possible at this late date for Dish to hit the 2020 deadline, it's only 14 months away. What isn't clear is if the FCC can legally terminate Dish's holdings prior to the deadline.
So, if I pay a million dollars for a Ferrari, then park it in the garage, I should get sued for not driving it? Not that I have a million, not that I'd buy a Ferrari if I did, not that I'd park it if I did, just saying.
Just today’s society...anyone..can sue..anybody..for anything. 
Well, if Ferrari sold it to you with the pre-condition that you would use it and drive it to give them exposure and perhaps feedback on the vehicle and instead you parked it and let it sit? You bet you'd get sued because you were in violation of the pre-condition of sale. However, no body is getting sued. T-Mobile simply filed a complaint. Big whoop.
Yeah, I see this as TMO simply "poking the bear." Dish may indeed eventually lose their spectrum if they do nothing. But doubtful it would be because of this complaint.
As far as I know, DISH is in compliance with the "pre-conditions" established at point of sale. I would say that filing a complaint with the FCC meets the definition of "getting sued".
deadline 2020...
January 2020?
or
December 2020?
That's a 12 month +/- swing
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January 2020?
or
December 2020?
That's a 12 month +/- swing
Sent from my SM-G930P using the SatelliteGuys app!
To the Ferrari reference... John Cena got sued by Ford, I believe it was, for selling his car too soon.
The T-Mobile complaint sums up what Dish is doing.
The question is, will the FCC let Dish "work" the system by fractionally fulfilling their commitments, or will they revoke some licenses.
If I remember correctly the coverage they must provide is not only geographic but is also population based so a few symbolic point sources in a heavily populated area would not constitute service.
The question is, will the FCC let Dish "work" the system by fractionally fulfilling their commitments, or will they revoke some licenses.
If I remember correctly the coverage they must provide is not only geographic but is also population based so a few symbolic point sources in a heavily populated area would not constitute service.
Uh, no. Sueing for peace is between 2 parties. Filing a complaint with the FCC is appealing to a 3rd party. Not the same thing and since no legal filings were positioned in court that definition doesn't apply either. You can't call a sail an oar just because they both go on a boat.
Tampa8
Supporting Founder - I'll stand up and say so
Original poster
Pub Member / Supporter
Lifetime Supporter
Well said. This was Tmobile's way of reminding the FCC and getting it into the news. (Not criticizing btw John Legere is not stupid)
The FCC likes these types of filings. It helps them support whatever decision they make in the appeals process by showing they considered the issues presented. The courts use consideration of this stuff in the appeals process as a reason supporting the agency decisions.
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Thanks so much for your wisdom. How about using a boat analogy?
