Array Whistleblower Case not Wrapping Up Any Time Soon
Discovery is set to last through March 2028
WASHINGTON, Nov. 5, 2026 – A longstanding whistleblower lawsuit over spectrum licenses isn’t likely to be resolved any time soon.
Two telecom attorneys are suing Array Digital Infrastructure, alleging the company improperly obtained $113 million in spectrum bidding credits in 2014. Array denies any wrongdoing.
The two sides told a federal judge last month that they “do not believe settlement discussions will be productive at this time.”
District Judge Tanya Chutkan of the U.S. District Court for the District of Columbia then set out a schedule the sides had agreed upon. Under that timeline, discovery won’t wrap up until March 2028.
The attorneys, Mark O’Connor and Sara Leibman, a former FCC lawyer, are suing under the False Claims Act. The law mandates higher penalties for fraudulently seeking government cash, and allows private parties to sue and collect a cut of the government’s recovery if they have information about misconduct.
O’Connor and Leibman allege Array used sham subsidiaries to get FCC bidding credits intended for small businesses, effectively buying airwaves at a cheaper price than it could have if it bid directly.
The company has maintained its relationship with the two smaller companies, or designated entities as they’re called in FCC rules, was above board. The issue hasn’t stopped the FCC from approving Array’s deals to sell its wireless operations and spectrum for billions of dollars.
Array, Leibman, and O’Connor also told Chutkin they don’t think mediation would be helpful either, although they would “continue to consider the possibility of settlement and mediation as discovery progresses.”
The case won’t necessarily go to trial. If the two sides don’t settle, they’ll ask Chutkin to rule based on the evidence and expert testimony turned up during discovery. Briefing on that is set to last through July 2028.
Array, formerly the fifth largest wireless carrier in the country, changed its name from UScellular after selling those operations and a chunk of spectrum to T-Mobile for $4.3 billion. It now operates its roughly 4,400 towers.
The company also sold $1 billion worth of spectrum each to AT&T and Verizon. O’COnnor and Leibman had petitioned to deny the deals, but the FCC wasn’t swayed and let them move forward.
Those deals have all closed, and Array is looking to sell the rest of its spectrum. The company will report its third quarter results Friday, Nov. 6.
