“If SpaceX had done a basic search of public filings, it would know that EchoStar extensively utilizes the 2 GHz band and that the Commission itself has confirmed the coverage, utilization, and methodology for assessing the quality of EchoStar’s 5G network based on independent drive-tests,” EchoStar told the FCC. “EchoStar’s deployment already reaches over 80 percent of the United States population with over 23,000 5G sites deployed.”
There is also a pending petition filed by Vermont-based VTel Wireless, which asked the FCC to reconsider a 2024 decision to extend EchoStar construction deadlines for several spectrum bands. VTel was outbid by Dish in auctions for licenses to use AWS H Block and AWS-3 bands.
“In this case, teetering on the verge of bankruptcy, EchoStar found itself unable to meet the commitments previously made to the Commission in connection with its approval of T-Mobile’s merger with Sprint—an approval predicated on EchoStar constructing a fourth nationwide 5G broadband network by June 14, 2025,” VTel wrote in its October 2024 petition. “But with no notice to or input from the public, WTB [the FCC’s Wireless Telecommunications Bureau] apparently cut a deal with EchoStar to give it yet more time to complete that network and finally put its wireless licenses to use.”
FCC seeks public input
Carr’s letter said he asked FCC staff to investigate EchoStar’s compliance with construction deadlines and “to issue a public notice seeking comment on the scope and scale of MSS [mobile satellite service] utilization in the 2 GHz band that is currently licensed to EchoStar or its affiliates.” The AWS-4 band (2000-2020 MHz and 2180-2200 MHz) was originally designated for satellite service. The FCC decided to also allow terrestrial use of the frequencies in 2012 to expand mobile broadband access.
The FCC Space Bureau announced yesterday that it is seeking comment on EchoStar’s use of the 2GHz spectrum, and the Wireless Telecommunications Bureau is seeking comment on VTel’s petition for reconsideration.
“In 2019, EchoStar’s predecessor, Dish, agreed to meet specific buildout obligations in connection with a number of spectrum licenses across several different bands,” Carr wrote. “In particular, the FCC agreed to relax some of EchoStar’s then-existing buildout obligations in exchange for EchoStar’s commitment to put its licensed spectrum to work deploying a nationwide 5G broadband network. EchoStar promised—among other things—that its network would cover, by June 14, 2025, at least 70 percent of the population within each of its licensed geographic areas for its AWS-4 and 700 MHz licenses, and at least 75 percent of the population within each of its licensed geographic areas for its H Block and 600 MHz licenses.”
