Dish Will Accept 5 MHZ Guard Band Under Certain Circumstances

Would Give 25% of Holdings for Assurances it Could Use Rest ASAP

According to a filing,Dish has told the FCC that it is willing to accept a commission proposal to set aside 5 MHz of its 20 MHZ satellite spectrum as a guard band if the agency will let it use the remaining spectrum as swiftly and as unencumbered as possible.

According to the filing with theFCC, Dish chairman Charlie Ergen met in person or via phone with all the FCC commissioners and many staffers last week.

He has argued that the 5 MHZ guard mand requirement would wreak havoc with his business plan, which he has said is to create a 4G wireless broadband service in competition with exisiting servicse, something the FCC has been promoting.

But according to the filing, Dish is ready to accept the guard band, which is meant to protect an adjacent spectrum band (the H block) from interference, a band the FCC plans to auction for wireless broadband.

"Recognizing that the Commission desires to retain flexibility in the future use of the H Block, DISH offered to voluntarily designate the lowest 5 MHz of its uplink spectrum (2000-2005 MHz) as an internal terrestrial guard band, provided that safeguards are adopted to ensure that the remaining 15 MHz of its uplink spectrum (2005-2020 MHz) can be utilized as fully and as quickly as possible for mobile broadband," Dish said.

At press time, only commissioner Jessica Rosenworcel had voted to approve the original propsal, so she would have to sign off on any change.