Although T-Mobile has extended its deadline to shut down its CDMA network until March 31, 2022, there is still a case between T-Mobile and Dish Network taking place at the California Public Utilities Commission (CPUC).
The CPUC is looking into statements T-Mobile made about the timeline for shutting down its CDMA network. The timeline is critical for Dish because it is in the process of migrating Boost customers off that network. Dish says T-Mobile promised to keep the CDMA network running “for three years” from the merging of Sprint and T-Mobile — until July 2023. T-Mobile says it promised to close its CDMA network “within three years” of the merging of Sprint and T-Mobile.
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Yesterday, Dish filed comments with CPUC, saying T-Mobile’s President of Technology testified 14 different times, prior to the Sprint-T-Mobile merger, about a three-year CDMA migration period. Dish itemized each of the 14 statements.
One statement, attributed to Ray, says, “I would also reiterate that T-Mobile intends to maintain the 800 MHz spectrum for three years to support CDMA service during our migration process and that we have an option to lease 4 MHz of spectrum for additional time if required.”
However, another statement attributed to Ray says, “T-Mobile expects that all Sprint customers are likely to be completely migrated within three years.”
CPUC’s determination in the case will be an important factor in T-Mobile’s decision as to when it finally turns off the CDMA network. California has independent authority, and the state has quite a lot of clout. It would be difficult, if not impossible, for T-Mobile to separate California from the rest of its nationwide network coverage.
12 GHz arguments
The CDMA spat isn’t the only thing occupying Dish’s legal and regulatory personnel. It’s also advocating for its interests with regard to 12 GHz spectrum.
Dish uses the 12 GHz band for its direct broadcast satellite (DBS) business. But in recent years, Dish has decided it would also like the band opened up for 2-way terrestrial use so that it can use the spectrum for its new 5G wireless network. The company is also willing to share the band with other stakeholders, including companies like SpaceX’s Starlink.
RELATED: Dish declares 'win-win-win' for 12 GHz band
Speaking with Fierce on the sidelines of the MWC-LA show last week, Dish Network EVP of External and Legislative Affairs Jeff Blum said, “We are part of the 5Gfor12GHz Coalition.” The coalition’s 33 members are urging the FCC to update its rules for use of the band. “For Dish, we’re building the first 5G network,” said Blum. “We could incorporate 12 GHz into our buildout. It’s 500 MHz of spectrum.”
RELATED: Hear ye, hear ye – 12 GHz band still in play, says 5G coalition
In this instance, Dish and T-Mobile are more aligned. T-Mobile has said the band is really good for 5G. However, T-Mobile would like to see the spectrum re-auctioned.
“We’re the current licensees,” said Blum. “We don’t think an auction is necessary. It would delay putting the spectrum to use.” He added that T-Mobile already “has tons of spectrum,” and that Dish is entering the wireless market to introduce more competition.
With regard to 12 GHz, Dish is also at odds with SpaceX, which wants access to the spectrum. “SpaceX is taking an anti-5G position,” said Blum. “They want to use the band for their Starlink. We have put in numerous expert reports that show this band could be shared. It could be a CBRS-like model, or a geographic model. There are a lot of solutions, but SpaceX has said ‘no’ to all of them. SpaceX has the right to 15,000 MHz of other spectrum that they got for free.”
RELATED: SpaceX attacks Dish for ‘flaws’ in 12 GHz argument
For its part, SpaceX says the FCC should go so far as to terminate the Multichannel Video Distribution and Data Service (MVDDS) licensees, of which Dish is the biggest one, because it’s a “failed service” encumbering next-generation satellite services that are trying to put the spectrum “to its highest and best use.”