FCC approves EchoStar/Dish request to extend timeline for its 5G buildout

On September 20th, the U.S. FCC has granted EchoStar’s request to extend the deadline for portions of its 5G network buildout into 2026 in exchange for several commitments, including a low-cost offering and a pledge to accelerate build-outs in certain markets. 

EchoStar’s request to the FCC was sent to the commission on September 18, 2024.  The licenses subject to the requested waiver include EchoStar’s AWS-4, Lower 700MHz E Block, 600MHz, AWS-3, AWS H Block and AWS-3 licenses. Depending on the spectrum, EchoStar generally is asking to move the milestones to December 2026. EchoStar also wants final construction milestones moved from December 14, 2026, to June 14, 2028.  The request seemed to make clear that its 2025 deadlines were in jeopardy even if the company could resolve its near-term debt obligations (more below).

Benefits of the FCC’s new framework include:

  • Enhancing EchoStar’s Network Build. By the end of this year, EchoStar’s Boost Mobile Network will cover 80% of the U.S. population, an additional 30 million more Americans than EchoStar’s 2023 obligation to cover 70% of the population. EchoStar will also accelerate and expand its final buildout milestones in more than 500 license areas on this same timeline. Because of EchoStar’s wholesale partnerships with AT&T and T-Mobile, consumers in areas where EchoStar has not yet deployed will still be able to sign up for the industry-leading coverage EchoStar’s wireless service – Boost Mobile – offers.
  • Requiring a Low-Cost Offering. EchoStar will make a low-cost wireless plan and 5G device available to consumers nationwide, regardless of whether they live in an area where EchoStar has built out its Boost Mobile Network or relies on roaming partners to provide service.
  • Enabling a More Efficient Build. The targeted extensions adopted by the FCC will provide a construction timeline that more closely aligns EchoStar’s deployment with its 3.45 GHz spectrum licenses, reducing the resources necessary to install infrastructure twice at each cell site/tower. Small wireless carriers and Tribal nations will also be able to lease EchoStar spectrum licenses in extension areas where the company has not yet deployed.

Blair Levin, a policy analyst at New Street Research and a former FCC official, remarked at the speed at which the FCC approved the petition:

“We can’t think of a faster one. And it is a real tribute to the brilliant strategy and execution by the DISH public policy team,” he explained. “The speed at which the FCC acted – albeit likely with significant pre-negotiation – is an indication that the FCC leadership is willing to act quickly and decisively to increase the odds of DISH succeeding in building out a fourth national facilities-based competitor.”  Levin believes a vote is “highly unlikely” if there are three Commissioners willing to push this forward.

“The Bureau has not yet issued the order but as far as we can tell, they simply approved the order. The speed at which the Bureau acted suggests to us that this was pre-negotiated, meaning that the Bureau order is unlikely to make changes,” he added noting that the FCC action could face a lawsuit, but does not expect anyone willing to spend the political capital to pursue one.

EchoStar/Dish hope to be able to offer a nationwide wireless service due to its roaming deals with AT&T and T-Mobile, but will also be able to sign up customers with competitive pricing and plans enabled by its “enhanced presence” in the accelerated buildout markets.  “This pro-consumer outcome is in addition to the public interest commitments EchoStar is making in connection with its extension request,” EchoStar said in their FCC petition.

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EchoStar is the parent company of Dish Network which is building a 5G Open RAN based network. The goal is to establish the company as a fourth national carrier after AT&T, T-Mobile and Verizon.

EchoStar pledged to fulfill a range of commitments, including a plan to cover more than 80% of the US population with its open RAN network at the end of 2024. The company, which has MVNO partnerships with AT&T and T-Mobile, said it will also accelerate and expand its final buildout milestones in more than 500 license areas on that same timeline.

EchoStar said it’s also prepared to introduce a nationwide “affordable” 5G plan that will offer at least 30 gigabytes of data per month for no more than $25 per month for both prepaid and postpaid customers.

EchoStar also pledged to deploy 24,000 towers by June 14, 2025 – about 9,000 more than its 15,000 2023 tower obligation, and to offer to load at least 75% of new customers with compatible devices on its MVNO network in the aforementioned accelerated markets.

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On Monday, EchoStar disclosed in an 8-K filing that its negotiations with certain holders of senior debt securities had concluded without reaching an agreement regarding potential transactions, including new secured notes with an extended maturity date. “The Company remains engaged with various other parties regarding possible financing transactions,” EchoStar said in the filing.

“The failure to resolve the lawsuit limits Dish’s capital raising options, but they still have options. We believe the most likely path to raising capital will be notes secured by the AWS-3 licenses,” New Street Research analyst Jonathan Chaplin said in a note about the new filing.

About EchoStar:
EchoStar Corporation (Nasdaq: SATS) is a premier provider of technology, networking services, television entertainment and connectivity, offering consumer, enterprise, operator, and government solutions worldwide under its EchoStar®, Boost Mobile®, Sling TV, DISH TV, Hughes®, HughesNet®, HughesON™ and JUPITER™ brands. In Europe, EchoStar operates under its EchoStar Mobile Limited subsidiary and in Australia, the company operates as EchoStar Global Australia. For more information, visit www.echostar.com and follow EchoStar on X (Twitter) and LinkedIn.

References:

https://www.fcc.gov/ecfs/document/1091867842711/1

https://about.dish.com/2024-09-20-FCC-Grants-EchoStars-5G-Buildout-Framework-for-the-Boost-Mobile-Network

https://www.lightreading.com/regulatory-politics/fcc-greenlights-echostar-s-revised-5g-buildout-plan

https://www.lightreading.com/regulatory-politics/dish-asks-fcc-for-more-time-for-5g-buildout

https://about.dish.com/2023-06-15-The-DISH-5G-Network-is-Now-Available-to-Over-70-Percent-of-the-U-S-Population

https://about.dish.com/2024-02-22-DISH-Expands-VoNR-Coverage-to-Over-200-Million-People

 

 

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