FCC Told to Deny or Condition EchoStar Waivers Tied to SpaceX Spectrum Transfer

WASHINGTON, Dec. 16, 2025 – The Federal Communications Commission was told Monday it should deny or sharply condition EchoStar’s request for permanent waivers of its terrestrial buildout requirements, tied to its proposed spectrum transfers to SpaceX.

The objections were filed by wireless carriers, an infrastructure company, and mobile network operator targeting EchoStar’s bid to waive rules requiring that its AWS-4, AWS-3, and H-Block spectrum support terrestrial wireless networks.

Rural carriers argued the waiver requests go far beyond the FCC’s authority. The Rural Wireless Association urged the FCC to reject the applicants’ waiver requests outright, warning that approving permanent waivers would amount to a fundamental rewrite of the AWS-4 rules without a formal rulemaking.

“The Commission should not waive important buildout requirements, including its terrestrial network requirement for the AWS-4 spectrum, as a condition precedent for this transaction,” RWA said in comments. “A waiver is warranted in limited circumstances where [it] would serve the public interest.”

Infrastructure company DQE Communications raised a different set of concerns, asking the FCC to condition any approval on EchoStar honoring existing contractual agreements.

“EchoStar’s subsidiary DISH has attempted to escape its contractual commitments to tower

companies, fiber networks, and other vendors around the country, including DQE,” the company said in its filing. 

DQE “believes the proposed sale is not in the public interest so long as EchoStar and its subsidiaries, specifically DISH, refuse to adhere to contractual obligations,” it said.

Those concerns were echoed by the Wireless Infrastructure Association, which said EchoStar should not be allowed to use the spectrum assignment process to “unjustly enrich itself” while abandoning obligations tied to the licenses.

“EchoStar has made clear that it has no intention of using any portion of its significant spectrum sale profits to fulfill its contractual obligations,” WIA said in comments. “The commission should clarify that it gave no such performance excuse to EchoStar.” 

WIA did not oppose the license transfer itself, but said “EchoStar must honor its existing agreements and ensure sufficient funds are available to pay any obligations owed to entities that partnered with DISH Wireless to meet and maintain the buildout requirements associated with the licenses involved in the applications.”

Liberty Latin America Ltd., which operates mobile networks in Puerto Rico and the U.S. Virgin Islands, warned that the waivers would have immediate consequences if granted.

The company said it acquired EchoStar spectrum in reliance on FCC approvals that assumed terrestrial use, and that repurposing the licenses for satellite service would strand spectrum across the territories, creating what it called a wireless “dead zone” for both terrestrial broadband and satellite-to-phone services.

“It will not be possible for LLA to make productive long-term use of the Lower AWS-3,

AWS-4, and H-Block spectrum in its service areas while that spectrum is used for direct-to-device satellite services across the rest of the United States,” the company said in its filing.

Not all commenters were opposed

Not all commenters opposed the transaction. Non-profit advocates Public Knowledge and the Open Technology Institute of New America, a think tank, supported the license transfer and associated waivers, arguing the move would accelerate deployment of direct-to-cell satellite services, ultimately serving the public interest.

“OTI and PK support the proposed transfer of EchoStar’s spectrum licenses to SpaceX, as well as three requested waivers that would benefit consumers by promoting more robust D2C mobile satellite service offerings,” the groups wrote in comments.

Petitions to deny the transaction and the associated waivers were due Monday. Oppositions will be due Dec. 29, with replies due Jan. 8.