“Sprint’s position on the H Block would render useless 25 percent of DISH’s uplink spectrum – so that Sprint is positioned to merely gain the exact same amount of spectrum,” said Dodge. “This is a zero-sum approach that does not result in a net spectrum gain for the American consumer when the wireless economy needs access to all available spectrum. Nor does this approach add jobs.”POSSIBLE DELAYS IN INVESTMENT, JOBS, BUILD OUT The Sprint plan embodied in the proposed order would likely force a reopening of the standards-setting process led by the Third Generation Partnership Project. Without 3GPP approval, wireless companies do not have the required technical blueprints needed to design and build everything from cellphone chipsets to broadband networks. “If the FCC adopts this draft, the 3GPP specification will likely be reopened and an FCC rulemaking will be needed for the H Block,” said Dodge. “Until we know how to manage issues like interference from the H Block, we may have to put on hold activities like radio design and network build out while we wait for the H Block rulemaking and another 3GPP process to be completed.” DISH expects new approvals could add years to a process that has already lasted 20 months since it acquired two bankrupt companies in an effort to bring this spectrum to the market. This 40 MHz of spectrum remains on the sidelines. FCC PRECEDENT GOOD FOR ALL PARTIES AND CONSUMERS “DISH’s position is consistent with more than 20 years of FCC precedent. The AWS-4 rulemaking should be completed with the power and emissions levels that were recommended by the FCC in its April Notice of Proposed Rulemaking (NPRM) and supported by most commenters (with the notable exception of Sprint), and which would not require DISH to effectively surrender 25 percent of its uplink capacity.