9/1 Amici Curiae Brief Supporting DISH’s Motion to Delay the Deadline to Purchase T-Mobile Spectrum

Open Technology Institute joined Benton Institute for Broadband & Society and Public Knowledge (PK) in filing an Amici Curiae brief in support of a pending Motion for Relief by DISH Network seeking more time to purchase low-band spectrum that was a condition of the federal government’s approval of the merger between T-Mobile and Sprint. OTI, Benton and PK opposed the merger—which reduced the number of competing national mobile carriers from four to three—and now believe the public’s interest in having a fully competitive fourth national wireless carrier cannot be fulfilled unless DISH’s pending motion is approved. OTI, Benton and PK argue, in short, that the low-band spectrum that DISH is entitled to acquire from T-Mobile is so important to DISH’s ability to compete in the mobile market that denial of the Motion would be detrimental to the public interest because it would frustrate a core remedial goal of the D.C. Court’s Final Judgment, which was to promote competition in the market for mobile broadband.