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waiver

Dish looks to FCC for cues on its spectrum strategy

Dish Network, sitting on an increasingly valuable stash of spectrum vital to powering wireless data traffic, is waiting on a key waiver from the Federal Communications Commission before deciding on its next move.

The waiver, similar to one that the FCC yanked from LightSquared earlier this week, would allow Dish to use its spectrum to build its own high-speed wireless network. If the FCC doesn't grant the conditional waiver to Dish, it would explore several options including the sale of the spectrum or a partnership with another carrier, CNET has learned.

The moves that Dish could make have broader … Read more

Is AT&T jockeying for Dish's wireless spectrum?

AT&T appears to be laying groundwork for a potential deal with Dish Network to get its hands on the satellite provider's newly acquired wireless spectrum.

Last week, AT&T flexed some muscle with the federal government in an attempt to make Dish's wireless spectrum--which it acquired last year for $2.8 billion via deals with two failed wireless companies, DBSD North America and TerreStar Networks--harder for Dish to use and easier for some other company to acquire.

Specifically, AT&T asked the FCC not to place any "restrictions on the transfer and/… Read more

Questioning Sony's new class-action waiver

The Sony Network Entertainment has added a controversial change to its Terms of Service and User Agreement (PDF) for users of the PlayStation Network and the Sony Entertainment Network (Music Unlimited, Video Unlimited). In the revised terms, consumers must waive the right to participate in any class-action lawsuit filed after August 20 against the gaming and content delivery portion of Sony.

If you don't agree, then your PS3 can't get online or purchase media content from Sony. Future disputes between consumers and SNE must occur individually in court or through an arbitration procedure.

Licensing agreements with restrictions like this are actually more common than you might think. In fact, the U.S. Supreme Court ruled in favor of class-action waivers last April in AT&T Mobility LLC v. Concepcion. In that case, the court held that federal law pre-empted state rules against class-action waivers. Sony will have difficulty enforcing this policy outside of the U.S., as some other countries make agreements like this impossible.… Read more