With regard to DISH’s submission to the FCC, the FCC is not allowed to decline to auction the H block because of AWS-4 interference, only because of potential PCS interference (which at least according to Sprint can be addressed through imposing power limits in 1917-20MHz, and is therefore nothing whatsoever to do with DISH).

As I’ve noted previously, an H block auction raising a couple of billion dollars (a reasonable benchmark for what Sprint would have to pay) is also a good way to mitigate windfall concerns (despite Public Knowledge et al rowing back on their original comments). It is inconceivable that any reasonable amount of money could be raised by the auction restrictions DISH suggests – remember that the last auction of Air-To-Ground spectrum only raised $40M and small cell spectrum is exactly what future sharing efforts are supposed to deliver. I’d guess auction proceeds under these restrictions could well be less than $100M. How would that go down in Congress when Genachowski is promising that “the revenue generated will serve as a down-payment on funding a nationwide Public Safety Network and to reduce the deficit”?

Finally, I don’t think most people really believe that there would be major delays, or significant BAS interference concerns due to a 5MHz uplink shift.

The mandate from the Middle Class Tax Relief Act says to auction the “H” block. It doesn’t say to Sprint. Please note the following for your readers to improve the accuracy of this post.

http://apps.fcc.gov/ecfs/document/view?id=7022027451

“During the meetings, DISH urged the Commission to complete the above-referenced rulemaking as expeditiously as possible, and maintain the existing band plan, consistent with the AWS-4 NPRM.
1 DISH reiterated that a 5 MHz upward shift of the AWS-4 uplink spectrum at 2000-2020 MHz would needlessly inject serious delay and risk to DISH’s planned deployment.
2 In addition, DISH explained that deploying high-power terrestrial mobile broadband services in the lower and upper H Block (1915-1920 MHz/1995-2000 MHz) could also create significant
interference to PCS and AWS-4.
3 For AWS-4 alone, high-power H Block operations would render, at least, 25 percent of the AWS-4 uplink band unusable. Consistent with other stakeholders in this proceeding, DISH provided the Commission with a number of alternative uses for the H Block that would make it viable for auction,4 without jeopardizing the ability to deploy mobile broadband services in the AWS-4 band (2000-2020 MHz and 2180-2200 MHz), and without requiring a reduction in emissions or power levels of AWS-
4. Specifically, these options include small cell LTE broadband deployment in both the HBlock uplink (1915-1920 MHz) and downlink (1995-2000 MHz); Air-to-Ground service in the H Block uplink and Ground-to-Air service in the H Block downlink; as well as a combination of
these two services within the band. In addition, DISH committed to reasonably cooperate with FCC efforts to establish service rules for the H Block in the future that allow for productive use of the H Block while providing protection for other bands and services, including AWS-4.

For Motorola’s & AT&Ts comments suggesting a shift for Dish but no auction of the “H” block just for “Sprint” see this filing
4 See e.g., Motorola Mobility Comments, WT Dkt. Nos. 12-70 and 04-356 and ET Dkt. No. 10-142, at 4 n.8 (May
17, 2012); AT&T Comments, WT Dkt. Nos. 12-70 and 04-356 and ET Dkt. No. 10-142, at 5-7 (May 17, 2012).