EchoStar to FCC: Spectrum Inquiry Threatens its Business, 5G Progress, and Licensing Regime

EchoStar responded to the FCC this week after the Commission opened an inquiry into the operator’s spectrum. In new filings, EchoStar argued the FCC’s inquiry threatens its business, 5G progress in the U.S., and the FCC’s own licensing regime. 

Earlier this month, the FCC launched an inquiry into EchoStar’s mobile satellite services (MSS) operations in the 2 GHz band, and an inquiry into its 5G network buildout. 

EchoStar said that the FCC’s inquiry has created a “dark cloud of uncertainty” over the company’s spectrum rights. “This cloud has effectively frozen EchoStar’s decision making — it cannot reasonably invest more capital into a buildout if the Commission indicates it may take away its licenses through unprecedented actions,” EchoStar said. 

The company also argued that the public inquiry, in which the FCC opened a docket into EchoStar’s use of spectrum, “imperil[s] the underpinning of FCC spectrum auctions and policy.” 

“At no other time has the agency opened such inquiries after a company has invested billions into both acquiring spectrum and deploying a network in conformance with the agency’s requirements,” EchoStar said in the May 27 filing.