Federal Communications Commission	DA 20-1072


Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Applications of T-Mobile US, Inc., and
Sprint Corporation

For Consent To Transfer Control of Licenses and
Authorizations

Applications of American H Block Wireless
L.L.C., DBSD Corporation, Gamma Acquisition
L.L.C., and Manifest Wireless L.L.C. for Extension of Time

ParkerB.com Wireless L.L.C. 
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WT Docket 18-197





ULS File Nos. 0008741236, 0008741420,
0008741603, and 0008741789 et al. 



Lead Call Sign WQZM232

ORDER OF MODIFICATION 
AND EXTENSION OF TIME TO CONSTRUCT

Adopted:  September 11, 2020	Released:  September 11, 2020

By the Chief, Wireless Telecommunications Bureau:  
	
I. INTRODUCTION
1. By this Order of Modification and Extension of Time to Construct (Order), we modify the Wireless Radio Service licenses of American H Block Wireless L.L.C. (American-H) (176 AWS H Block licenses in the 1915–1920 MHz and 1995–2000 MHz Band), DBSD Corporation (DBSD) (176 AWS-4 licenses in the 2010–2020 MHz and 2190–2200 MHz Band), Gamma Acquisition L.L.C. (Gamma) (176 AWS-4 licenses in the 2000–2010 MHz and 2180–2190 MHz Band), Manifest Wireless L.L.C. (Manifest) (168 licenses in the Lower 700 MHz E Block Band), and ParkerB.com Wireless L.L.C. (ParkerB) (486 licenses in blocks of the 600 MHz Band). See 47 U.S.C. § 316(a).  Each of these licensees is an indirect, wholly owned subsidiary of DISH Network Corporation (DISH).  Herein, we generally refer to these entities collectively as DISH for convenience.  
  We also conditionally waive the applicable Commission rules and extend the deadlines, as requested by American-H, DBSD, Gamma, and Manifest, to meet their respective construction requirements with respect to their licenses described above. See ULS File Nos. 0008741236-0008741411 (filed by American-H on July 26, 2019); ULS File Nos. 0008741420–0008741595 (filed by DBSD on July 26, 2019); ULS File Nos. 0008741603–0008741778 (filed by Gamma on July 26, 2019); and ULS File Nos. 0008741789–0008741956 (filed by Manifest on July 26, 2019).  The construction requirements are set forth in 47 CFR § 27.14(g) (Lower 700 MHz E), (q) (AWS-4), and (r) (AWS H Block).
  We take these actions pursuant to the Commission’s decision in the T-Mobile/Sprint proceeding as it relates to the DISH licenses in these bands. See Applications of T-Mobile US, Inc., and Sprint Corporation, For Consent To Transfer Control of Licenses and Authorizations, WT Docket No. 18-197, Applications of American H Block Wireless L.L.C., DBSD Corporation, Gamma Acquisition L.L.C., and Manifest Wireless L.L.C. for Extension of Time, ULS File Nos. 0008741236, 0008741420, 0008741603, and 0008741789 et al., WT Docket No. 18-197, Memorandum Opinion and Order, Declaratory Ruling, and Order of Proposed Modification, 34 FCC Rcd 10578 (2019) (T-Mobile/Sprint-DISH Order).  See also id. Appx. H, 34 FCC Rcd at 10829–41 (Letter from Jeffrey H. Blum, Senior Vice President, Public Policy and Government Affairs, DISH, to Donald Stockdale, Chief, Wireless Telecommunications Bureau (July 26, 2019) (DISH July 26, 2019 Commitments Letter), which includes a detailed attachment (Attach. A) titled “DISH Network 5G Buildout Commitments and Related Penalties.”).  
  
II. BACKGROUND
2. On June 18, 2018, T-Mobile and Sprint filed applications seeking Commission consent to T-Mobile’s acquisition of Sprint’s FCC authorizations as part of their merger agreement. See generally 47 U.S.C. §§ 214, 310(d).  
  On May 20, 2019, TMobile and Sprint filed with the Commission a series of commitments, including the divestiture of Boost Mobile, to resolve concerns raised in the record regarding potential public interest harms associated with the proposed transaction. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10661, para. 190 (citing Letter from Nancy Victory, Counsel to T-Mobile, and Regina Keeney, Counsel to Sprint, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 18-197 (filed May 20, 2019) (proposing to divest the Boost Mobile business and sell it to a “serious and credible buyer” that “has, or has access to, the financial resources to acquire, maintain, and expand the Divested Business” and is unrelated to either Sprint or T-Mobile)).
  Subsequently, on July 26, 2019, it was announced that DISH had agreed to acquire Boost as part of a broader agreement with T-Mobile and Sprint under a settlement with the U.S. Department of Justice (DOJ).  The Commission noted that as part of that arrangement to divest Boost, T-Mobile must also provide DISH with robust access to the T-Mobile network for a period of seven years while DISH builds out its own 5G network. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10663, para. 194 (quoting DOJ, Office of Public Affairs, Justice Department Settles with T-Mobile and Sprint in Their Proposed Merger by Requiring a Package of Divestitures to Dish (July 26, 2019), https://www.justice.gov/opa/pr/justice-department-settles-t-mobile-and-sprint-their-proposed-merger-requiring-package); Letter from Jeffrey H. Blum, Senior Vice President, Public Policy and Government Affairs, DISH, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 18-197, at 1-2 (filed July 30, 2019).

3. That same day, DISH filed applications seeking more time to satisfy the construction requirements for its AWS-4, Lower 700 MHz E Block, and AWS H Block licenses.  With those requests, DISH made a number of commitments related to deploying a 5G Broadband Service on an “aggressive schedule” with “strong verification measures” to enforce its commitments, including periodic status reports, and potential penalties that would entail significant financial payments to the U.S. Treasury and automatic license terminations if it failed to satisfy certain of those commitments. See DISH July 26, 2019 Commitments Letter and Attach. A.  “ ‘5G Broadband Service’ means at least 3GPP Release 15 capable of providing Enhanced Mobile Broadband (eMBB) functionality.”  Id., Attach A at 7.  “ ‘5G’ is defined as the 5G New Radio interface standard as described in 3GPP Release 15, available at https://www.3gpp.org/release-15, or 3GPP Release 16 within 3 years of 3GPP final approval.”  Id.  
  The commitments also included an accelerated schedule for meeting the Commission’s final construction requirements for its 600 MHz licenses. See DISH July 26, 2019 Commitments Letter at 3–4, Attach. A at 1.
  DISH also requested modifications of the expiration dates for the AWS-4, Lower 700 MHz E Block, and AWS H Block licenses, as well as modification of the buildout deadlines for the 600 MHz licenses.  In addition, DISH agreed to certain restrictions on its right to use all of these licenses under the Commission’s flexible-use policies as well as certain restrictions on its ability to sell or lease its 600 MHz and AWS-4 licenses or network capacity. See id. at 3–4, Attach. A at 1, 3.
  
4. DISH contended that its role as the acquirer of Boost Mobile and other Sprint prepaid assets to be divested as part of DOJ’s proposed settlement would facilitate and expedite its entry into the mobile wireless market. See DISH July 26, 2019 Commitments Letter at 2; T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10744–45, para. 381 (noting that the DOJ Proposed Final Judgment, to which DISH was joined as a defendant, requires DISH to comply with its commitments to the Commission, and provides for appointment of a monitoring trustee, thereby placing DISH under the scrutiny of an independent monitor and subject to the contempt powers of the federal courts). 
  On August 7, 2019, the Wireless Telecommunications Bureau (WTB or Bureau) consolidated the proceedings on DISH’s applications with the docket of the T-Mobile/Sprint transaction. See Wireless Telecommunications Bureau Consolidates Proceedings on DISH Applications for Extensions of Time to Construct Facilities with Docket of T-Mobile - Sprint Transaction, Public Notice, 34 FCC Rcd 7019 (2019) (Consolidation PN).
  
5. On October 16, 2019, the Commission adopted the T-Mobile/Sprint-DISH Order, which granted consent to the captioned transfer of control applications and proposed to modify DISH’s AWS-4, Lower 700 MHz E Block, and AWS H Block licenses to extend and align their license terms, and also to adjust the final and interim construction deadlines for DISH’s 600 MHz licenses. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10742, para. 375.
  Noting DISH’s statement that it would not protest the proposed license modifications necessary to effectuate its requests and commitments, and pursuant to section 316 of the Act and section 1.87 of the Commission’s rules, the Commission proposed to modify DISH’s licenses by:  accelerating the construction deadline for DISH’s 600 MHz licenses until June 14, 2025, while removing the interim construction deadline; and extending the terms of DISH’s AWS-4, AWS H Block, and Lower 700 MHz E Block licenses until June 14, 2023. See id. at 10742, para. 375, n.1307 (citing DISH July 26, 2019 Commitments Letter at 2 & n.2 (“DISH recognizes that some of the terms of Attachment A may require modifications under 47 U.S.C. § 316.  If the requested extensions are granted, DISH will not protest the modifications that the Commission makes to its licenses in order to effectuate the terms of Attachment A.”)).
  The Commission also directed WTB, in accordance with the procedures in section 316, to make a final public interest determination after considering any protests filed within 30 days by any other permittee or licensee that believed its permit or license would be modified by the proposed modifications of DISH’s licenses. T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10739, para. 365.  See also id. at 10745, para. 382.

6. In addition, the Commission found that, “contingent and effective upon consummation of the divestitures contemplated by the DOJ Proposed Final Judgment,” it would be in the public interest to grant the additional time to construct DISH’s AWS-4, Lower 700 MHz E Block, and AWS H Block facilities “pursuant to [the waiver provision in section 1.925(b)(3)(ii)] of our Rules, with significant conditions to ensure that DISH fulfills its commitments.” Id. at 10741–42, para. 372.
  The Commission concluded that the factual circumstances surrounding DISH’s contemplated acquisition of divestiture assets associated with the proposed merger of T-Mobile and Sprint were unique and demonstrated that denial of a waiver of the buildout rules would be contrary to the public interest. Id. at 10741–42, paras. 372-73 (“the Commission may grant a request for waiver on the basis that ‘[i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative’.” (quoting 47 CFR § 1.925(b)(3)(ii))).  
  The Commission recognized that the significant public interest benefits promised by DISH will occur only if DISH meets its commitments.  Therefore, the Commission determined that it “should impose as conditions of approval of DISH’s request to extend the construction deadlines. . . , all of the restrictions and commitments made by DISH.” Id. at 10743, para. 377 (citing “sections II through VII of Attachment A of the [DISH July 26, 2019 Commitments Letter], with the definitions contained in section IX of that Attachment.”).  See also id. para. 378 (“[i]n particular, DISH committed, and we will impose as conditions to our grant, to make significant payments to the U.S. Treasury if it does not meet its commitments.  As discussed above, regarding the conditions placed on our approval of the T-Mobile/Sprint applications, although DISH described these payments as ‘voluntary contributions,’ because we are imposing these commitments as conditions to our approval and on DISH’s licenses, they are binding on DISH.  If DISH fails to meet the conditions of our approval, it must make the payments required.”).
  
7. The Commission did not grant the waiver/extension of the buildout deadlines or modify the licenses in the T-Mobile/Sprint-DISH Order because it could not conclude with confidence that without the acquisition of the prepaid wireless assets and full MVNO agreement from T-Mobile and Sprint, DISH would be able to meet the deadlines to which it committed. Id. at 10745, para. 382.  The Commission did, however, toll the March 2020 construction deadlines for DISH’s AWS-4 and Lower 700 MHz E Block licenses and the March 2020 expiration date of its Lower 700 MHz E Block licenses until such time as T-Mobile and Sprint could consummate (or announce a decision to forego) their transaction.  See id. at 10745, para. 383.  
  Moreover, as noted above, the license modification statutory and regulatory framework require a 30-day protest period prior to a license being modified.  The Commission also stated its expectation that, “[s]hould  the proposed transaction between T-Mobile and Sprint not occur, . . . WTB would deny the pending DISH requests for extension . . . and decide not to modify” the DISH licenses as proposed. See id. at 10745, para. 383.
  For these reasons, the Commission therefore directed WTB, “upon DISH’s consummation of its agreements with [T-Mobile and Sprint],” to extend the construction dates for the DISH AWS-4, Lower 700 MHz E Block, and AWS H Block licenses consistent with the Commission’s conclusions in the T-Mobile/Sprint-DISH Order, and to modify the DISH 600 MHz, AWS-4, Lower 700 MHz E Block, and AWS H Block licenses consistent with the Commission’s proposed license modifications and the requirements of section 316 of the Act and section 1.87 of its rules. Id. at 10739, 10745, paras. 365, 382. 
  In addition, the Commission directed WTB to add a special condition to the DISH 600 MHz, AWS-4, Lower 700 MHz E Block, and AWS H Block licenses to obligate DISH to provide 5G Broadband Service over such licenses. Id. at 10745, para. 382.

8. On April 1, 2020, the U.S. District Court for the District of Columbia entered the proposed Final Judgment, See United States v. Deutsche Telekom AG; Final Judgment, 2020 WL 2481785 (D.D.C., Apr. 1, 2020), Memorandum Opinion, 2020 WL 1873555 (Apr. 14, 2020, D.D.C.).  See also New York v. Deutsche Telekom AG, Decision and Order, 2020 WL 635499 (Feb. 11, 2020 S.D.N.Y.) (denying a request from state Attorneys General to block T-Mobile’s proposed acquisition of Sprint).
 and on April 14, 2020, T-Mobile notified the Commission that it had consummated the above-captioned transaction on April 1, 2020. See Letter from Nancy Victory, Attorney for T-Mobile US, Inc., to Marlene H. Dortch, Secretary, FCC (filed Apr. 14, 2020).  
  On July 1, 2020, DISH announced its acquisition of Boost Mobile. See, e.g., DISH enters retail wireless market with close of Boost Mobile, advances build of the nation's first standalone 5G network, News Release, available at http://about.dish.com/2020-07-01-DISH-enters-retail-wireless-market-with-close-of-Boost-Mobile-advances-build-of-the-nations-first-standalone-5G-network.  
  
III. DISCUSSION
9. In light of the facts discussed above, the Bureau, as directed by the Commission, must now “make a final public interest determination . . . in accordance with the procedures in section 316” concerning the proposed license modifications. T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10739, 10745, paras. 365, 382.
  This determination is limited to issues raised by DISH or other licensees or permittees with respect to the proposed order of modification of licenses (i.e., the expiration dates for the AWS-4, AWS H Block, and Lower 700 MHz E Block licenses, and acceleration of the 600 MHz license buildout deadlines).  There were comments ostensibly opining on the related waiver/extensions of the buildout deadlines for the DISH AWS-4, AWS H Block, and Lower 700 MHz E Block licenses, which we address below.
10. More specifically, the Rural Wireless Association (RWA) and the Communications Workers of America (CWA) each timely filed a protest in response to the section 316 license modifications proposed in the T-Mobile/Sprint-DISH Order. See Rural Wireless Association, Inc. Protest of Order of Proposed Modification (filed Dec. 5, 2019) (RWA Protest); Letter from Debbie Goldman, Telecom. Policy and Research Director, Communications Workers of America, to Donald Stockdale, Chief, Wireless Telecommunications Bureau at 1 (filed Dec. 5, 2019) (CWA Protest) (urging Bureau to deny DISH’s requests as inconsistent with the public interest).  See also Comments of the Computer and Communications Industry Association (filed Dec. 5, 2019) (agreeing with the Commission’s determination (citing T-Mobile/Sprint-DISH Order at para. 365) that these modifications will serve the public interest and urging WTB to adopt them in accordance with the procedures in section 316 of the Act).  
  We dismiss both pleadings as defective under section 316 of the Act and the Commission’s rules. 47 U.S.C. § 316(a)(2), 47 CFR § 1.87(c).  RWA inaccurately asserts that because the modifications will modify the DISH licenses by extending the buildout deadlines, the Commission “cannot do so without waiving its build-out rules, and it cannot waive those rules without allowing for public comment.”  RWA Protest at 2.  The Commission may conduct its proceedings in such manner as will best conduce the proper dispatch of business and to the ends of justice.  See 47 U.S.C. § 154(j).  Here, the Commission proposed to extend the license expiration dates (and for the 600 MHz licenses, accelerate the buildout deadlines) under section 316 of the Act, which sets forth the process for license modifications.  RWA itself acknowledges that, under section 316, “the Commission technically will modify the DISH licenses . . . .”  RWA Protest at 2 (emphasis added).  However, the Commission did not, under section 316, address DISH’s request for extensions of buildout deadlines.  Therefore, RWA’s assertion about allowing public comment on waiver requests is misplaced in the context of its protest, under section 316, against proposed license modifications.  We also note that the Commission is not required to seek comment on waiver requests.  See 47 CFR § 1.925(c) (“[t]he Commission, in its discretion, may give public notice of the filing of a waiver request and seek comment from the public or affected parties.”).  In any event, notice of the pending applications for extension of buildout deadlines was effectively given in the Consolidation PN, which was released on August 7, 2019.  Hence, RWA had ample opportunity to comment on them prior to the Commission’s adoption of the T-Mobile/Sprint-DISH Order more than two months later.  Moreover, given that the waivers are associated with DISH’s extension applications, filed pursuant to 47 U.S.C. § 309(c), we also note that such applications are not subject to public notice requirements or petitions to deny.  See 47 U.S.C. § 309(c)(2)(D).  See also T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10595, 10739, paras. 37, 364.  
  Section 316 of the Act permits any licensee or permittee to protest a proposed modification if the licensee or permittee “believes its license or permit would be modified by the action.” 47 U.S.C. § 316(a)(2).  See also 47 CFR § 1.87(c).  
  CWA does not claim to meet these requirements, and RWA concedes that its members do not have a right to file a protest under section 316. See CWA Protest; RWA Protest at 2. 
  No other protests to the proposed order of modification were filed either by DISH or any other licensee or permittee that believes that its permit or license would be modified by the proposed modifications of DISH’s licenses.  Therefore, consistent with the Commission’s determinations and directives to the Bureau in the T-Mobile/Sprint-DISH Order and based on the record before us, and in light of T-Mobile’s divestiture of Boost Mobile to DISH, we determine that the public interest, convenience, and necessity will be served by adopting the license modifications as the Commission proposed for all of the reasons that the Commission set forth in the T-Mobile/Sprint-DISH Order. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10739–10745, paras. 364–383; 47 U.S.C. § 316(a)(1).  See also 47 CFR § 1.87.  
  
11. Likewise, in light of DISH’s acquisition of Boost Mobile and the Commission’s public interest findings and conclusions in the T-Mobile/Sprint-DISH Order, we waive the applicable buildout requirements pursuant to section 1.925(b)(3)(ii) and extend the construction deadlines for the DISH AWS-4, Lower 700 MHz E Block, and AWS H Block licenses, as directed by the Commission.  This relief is subject to the conditions and restrictions imposed in the T-Mobile/Sprint-DISH Order and the commitments made by DISH in its July 26, 2019 Commitments Letter (including Attachment A thereto) as modified by the Commission, both of which are hereby incorporated by reference into the instant Order and made operative. See, e.g., T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10745–46, para. 386.  See also Appendix B (DISH July 26, 2019 Commitments Letter including Attach. A thereto).  
  We note that to the extent that RWA or CWA disagree with the Commission’s determination that a waiver of DISH’s buildout deadlines is warranted (as a separate issue from the license modifications), such objections had to be addressed to the Commission, either prior to the adoption of the T-Mobile/Sprint-DISH Order, or in a timely petition for reconsideration of that Order. See 47 U.S.C. § 405(a) (“After an order, decision, report, or action has been made or taken in any proceeding by the Commission . . . any party thereto . . . may petition for reconsideration only to the authority making or taking the order, decision, report, or action.”).  
  We thus find that RWA and CWA are procedurally barred from raising those issues before us.  Alternatively, and as a separate and independent basis, the Bureau finds based on the record before it, including RWA’s and CWA’s objections, that the public interest, convenience, and necessity will be served by granting waivers to extend DISH’s buildout deadlines for all of the reasons set forth by the Commission in the T-Mobile/Sprint-DISH Order. In the T-Mobile/Sprint DISH Order, the Commission concluded that “upon DISH’s purchase of Boost Mobile, granting the requests for extension of time to complete construction, as conditioned, would serve the public interest, convenience, and necessity.”  T-Mobile/Sprint DISH Order, 34 FCC Rcd at 10739, para. 365.  RWA and CWA did not seek reconsideration of that part of the decision and cannot raise these arguments here.  But, in any event, were we to reach the merits of their arguments, we would find them unpersuasive.  RWA alleges that DISH’s commitments are “literally nothing more than what AT&T, Sprint, T-Mobile and Verizon already deliver today” and that “[h]ad the Commission simply enforced Dish’s interim build-out requirements for the AWS licenses, Dish would have already provided some type of wireless broadband service to at least 40% of the U.S. population by . . . May 2018.”  RWA Protest at 6.  RWA’s first point is unavailing given that Sprint no longer exists and was not providing 5G to 70% or more of the U.S. population as DISH has committed to do.  The second point is irrelevant, given that DISH did not even request the instant extensions until 2019, and incorrect.  The consequence under the rules of DISH not meeting its 2018 interim buildout date for its AWS H Block licenses was enforced:  the final buildout deadline and expiration date for each license was accelerated by two years.  See 47 CFR § 27.14(r)(3).  CWA states that DISH has not met its prior deployment plans and asserts that DISH’s commitments are “full of loopholes” including “ ‘unanticipated’ supply chain problems and other factors ‘beyond the company’s control.’ ”  CWA Protest at 5.  We disagree.  “Unanticipated circumstances do not include anticipated (or reasonably anticipated) supply chain or standards process delays, or Commission action or inaction on requests by DISH.”  T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10744, para. 381.  Moreover, the final buildout deadline for DISH’s 600 MHz licenses is accelerated by four years, DISH is subject to billions of dollars in monetary payments, automatic license cancellations, reporting requirements, the scrutiny of an independent monitor, and the contempt powers of the federal courts.  See, e.g., id. at 10744, para. 381.  
  
12. The following is a summary of the revised license terms and buildout deadlines that involve automatic license termination under section 27.14, and restrictions on the use, sale or lease of licenses.  
Ø For each of DISH’s AWS-4, Lower 700 E Block, and AWS H Block licenses, 
· the license term is modified to June 14, 2023; The Commission proposed to extend the terms of these licenses until June 14, 2023, which coincides with the final buildout deadline for these licenses unless DISH meets the contingencies for automatic extensions of the final buildout deadlines until June 14, 2025.  See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10742, para. 375.  

· DISH is obligated to provide 5G Broadband Service over such licenses; See DISH July 26, 2019 Commitments Letter and Attach. A.  As already noted, “ ‘5G Broadband Service’ means at least 3GPP Release 15 capable of providing Enhanced Mobile Broadband (eMBB) functionality.”  Id. Attach A at 7.  As also already noted, “ ‘5G’ is defined as the 5G New Radio interface standard as described in 3GPP Release 15, available at https://www.3gpp.org/release-15, or 3GPP Release 16 within 3 years of 3GPP final approval.”  Id.  

· the final buildout deadline is extended to June 14, 2023, for DISH to construct and offer 5G Broadband Service to at least 70% of the population in each EA with respect to each AWS-4 and Lower 700 MHz E Block license, and to at least 75% of the population in each EA with respect to each AWS H Block license; provided however that
o for AWS-4:  if by June 14, 2023, DISH is offering 5G Broadband Service with respect to the AWS-4 licenses to at least 50% of the population of the United States, the final deadline shall be further extended automatically to June 14, 2025, for DISH to construct and offer 5G Broadband Service to at least 70% of the population in each EA with respect to each AWS-4 license;
o for Lower 700 MHz E Block:  if by June 14, 2023, DISH is offering 5G Broadband Service with respect to the Lower 700 MHz E Block licenses to at least 50% of the population of the United States, the final deadline shall be further extended automatically to June 14, 2025, for DISH to construct and offer 5G Broadband Service to at least 70% of the population in each EA with respect to each Lower 700 MHz E Block license;
o for AWS H Block:  if by June 14, 2023, DISH is offering 5G Broadband Service with respect to the AWS H Block licenses to at least 50% of the population of the United States, the final deadline shall be further extended automatically to June 14, 2025, for DISH to construct and offer 5G Broadband Service to at least 75% of the population in each EA with respect to each AWS H Block license.
Ø For each of DISH’s 600 MHz licenses: 
· The license term is unchanged (June 14, 2029), subject to earlier, automatic termination;
· The interim buildout deadline (June 14, 2023) is removed; and
· The final buildout deadline is accelerated to June 14, 2025, for DISH to construct and offer 5G Broadband Service to at least 75% of the population in each PEA.
Ø For each of DISH’s AWS-4, Lower 700 E Block, AWS H Block, and 600 MHz licenses, 
· if DISH fails to establish that it meets the final buildout requirement for a particular license area, its authorization for each license area in which it fails to meet the final buildout requirement shall terminate automatically without Commission action, except that Lower 700 MHz E Block licenses terminate automatically for unserved areas, and DISH will be ineligible to regain it if the Commission makes the license available at a later date; See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10743, para. 378 (noting that DISH remains subject to all of the Commission’s enforcement and regulatory powers, including the loss of part of all of any of its licenses for failing to meet its buildout requirements).  See also id. n.1314 (noting that under 47 CFR § 27.14(q) and (r), if DISH fails to meet the final construction benchmarks for AWS-4 and AWS H Block licenses, the authorization for each area in which it fails to meet the requirement terminates automatically, and that for the Lower 700 MHz E Block, the licensee keeps the areas of the license that it serves and the remaining unserved areas are returned to the Commission (citing Wireless Telecommunications Bureau Announces Process for Re-Licensing 700 MHz Spectrum in Unserved Areas, WT Docket No. 06-150, Public Notice, 34 FCC Rcd 350 (WTB 2019)).  See also 47 CFR § 27.14(t) (performance requirements for 600 MHz).  

· DISH has waived its rights to use these licenses under the Commission’s flexible-use policies.  Each license is expressly conditioned on DISH building, deploying, and offering 5G Broadband Service.  This condition does not preclude DISH from providing IoT as a service in addition to the 5G Broadband Service, but DISH is precluded from relying on IoT (or any other non-5G Broadband Service) operations to satisfy its buildout requirements and commitments. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10740, para. 368, n.1288 (citing DISH July 26, 2019 Commitments Letter at 1–5, Attach. A at 1).  

Ø For each of DISH’s 600 MHz and AWS-4 licenses, DISH and each license is subject to restrictions on sale or leasing. See, e.g., DISH July 26, 2019 Commitments Letter at Attach. A at 3 (Restrictions on Sale and Other Commitments). 

13. Finally, today’s waiver and extension grants and license modifications are conditioned on DISH meeting the conditions, commitments and restrictions adopted or proposed by the Commission in the T-Mobile/Sprint-DISH Order including (except as modified by the Commission) as set forth in sections II through VII of Attachment A of the DISH July 26, 2019 Commitments Letter and the definitions contained in section IX of that Attachment and processed or made final herein. See T-Mobile/Sprint-DISH Order, 34 FCC Rcd at 10742–45, paras. 376–381.  
  These commitments include, but are not limited to mandatory monetary payments for failure to meet deployment commitments (that are separate from the final buildout requirements), status reports, and verification metrics.  We note that DISH has committed to make significant payments to the U.S. Treasury if it does not meet its deployment commitments.  We hereby impose that commitment as a condition of today’s waiver/extension grants and license modifications.  If DISH fails to meet the conditions of our grants, it must make the payments required. See, e.g., id. at 10743, para. 378.
  In addition to mandatory monetary payments (and license cancellations), DISH continues to be subject to all of the Commission’s other enforcement and regulatory powers for failing to meet any condition of our grants and modifications today. See id.  
  
IV. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and (j), 5(c), 303(b), 303(r), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 155(c), 303(b), 303(r), 309, and 310(d), and sections 0.131, 0.201, 0.331, 1.925(b), and 27.14(g), (q), and (r) of the Commission’s rules, 47 CFR §§ 0.131, 0.201, 0.331, 1.925(b), and 27.14(g), (q) and (r), the  construction requirements for the DISH AWS-4, Lower 700 MHz E Block, and AWS-H Block licenses ARE WAIVED to the extent, and SUBJECT TO the conditions, described in this Order of Modification and Extension of Time to Construct.
15. IT IS FUTHER ORDERED that, pursuant to sections 4(i) and (j), 5(c), 303(b), 303(r), 309, 310(d), and 316 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 155(c), 303(b), 303(r), 309, 310(d), and 316, and sections 0.131, 0.201, 0.331, and 1.87 of the Commission’s rules, 47 CFR §§ 0.131, 0.201, 0.331, 1.87, DISH’s 600 MHz, AWS-4, Lower 700 MHz E Block, and AWS H Block licenses ARE MODIFIED by accelerating the construction deadline for DISH’s 600 MHz licenses (listed in Appendix A hereto) to June 14, 2025, while removing the interim construction deadline for those licenses, and extending the terms of DISH’s AWS-4, AWS H Block, and Lower 700 MHz E Block licenses until June 14, 2023, in accordance with this Order of Modification and Extension of Time to Construct and SUBJECT TO the conditions described herein including in Appendix B.  
16. IT IS FURTHER ORDERED that this Order of Modification and Extension of Time to Construct SHALL BE SENT by electronic mail to Jeffrey H. Blum, Senior Vice President, Public Policy & Government Affairs, DISH Network Corporation, at jeffrey.blum@dish.com. 
17. IT IS FURTHER ORDERED that the licensing staff of the Wireless Telecommunications Bureau SHALL PROCESS the Applications for Extension of Time to Construct filed by DISH on July 26, 2019, in accordance with this Order of Modification and Extension of Time to Construct and with the Commission’s rules. 
18. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and (j), 303(r), 309, and 316 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303(r), 309, 316, the Protest of Order of Proposed Modification filed by the Rural Wireless Association, Inc., on December 5, 2019, and the Letter from Debbie Goldman, Telecom. Policy and Research Director, Communications Workers of America, to Donald Stockdale, Chief, Wireless Telecommunications Bureau, filed on December 5, 2019, ARE DISMISSED, or in the alternative, DENIED, for the reasons stated herein.  
19. IT IS FURTHER ORDERED that this Order of Modification and Extension of Time to Construct WILL BE EFFECTIVE upon release.  
20. This action is taken under delegated authority pursuant to sections 0.131, 0.201, and 0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.201, and 0.331.
FEDERAL COMMUNICATIONS COMMISSION




Donald K. Stockdale, Jr.
Chief, Wireless Telecommunications Bureau
APPENDIX A

ParkerB.com Wireless L.L.C. , licensee of 486 licenses in the 600 MHz Band Service

For each of the 486 licenses (call signs) listed below, the final construction deadline is modified to June 14, 2025, and the interim construction deadline is removed.  


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APPENDIX B

DISH Buildout Commitments