- FCC Chairman Brendan Carr is launching an investigation into EchoStar’s use of certain spectrum licenses
- Elon Musk’s SpaceX accuses EchoStar of barely using the 2 GHz and AWS-4 bands and says the FCC should open the 2 GHz band up for satellite sharing
- EchoStar’s Charlie Ergen says it’s met or exceeded all its FCC commitments to date
Score another one for Elon Musk.
Musk’s SpaceX has been complaining to the FCC that EchoStar is leaving huge swaths of spectrum vacant while failing to show it’s actually meeting federally mandated buildout requirements. In response, EchoStar accused SpaceX of trying to pirate the 2 GHz band and of making up ways to measure terrestrial buildouts.
Right now, it looks like SpaceX is getting the upper hand because FCC Chairman Brendan Carr just launched an investigation into EchoStar’s compliance with 5G buildout requirements. He also directed FCC staff to launch a proceeding that seeks public comment on EchoStar’s buildout obligations and the scope and scale of EchoStar’s Mobile Satellite Services (MSS) spectrum use in the 2 GHz band.
EchoStar acquired its Boost Mobile business as part of Dish Network’s role in the T-Mobile/Sprint merger. Dish Network became part of EchoStar in 2023 and Boost Mobile became the brand name of the mobile network. The FCC imposed certain buildout targets for Dish, now EchoStar, to meet.
But Carr isn’t convinced that those targets are being met. “The terms of the deal were clear,” Carr wrote in a May 9 letter to EchoStar Chairman Charlie Ergen, spotted earlier today by The Wall Street Journal. “The FCC structured the buildout obligations to prevent spectrum warehousing and to ensure that Americans would gain broader access to high-speed wireless services, including in underserved and rural areas.”
In an April 14 filing, SpaceX accused EchoStar of barely using the AWS-4 band to provide 5G or any other service to U.S. consumers. New measurements show that Dish uses less than 5% of what would be expected from an actual wireless network operator, according to SpaceX.
“This data is the starkest example yet of why the commission must swiftly recognize that Dish has left this valuable mid-band spectrum chronically underused and take steps to welcome new satellite entrants who will finally put this spectrum to use to serve the American people,” SpaceX told the commission.
The art of the EchoStar deal
Last fall, EchoStar – in record time, we might add – received FCC approval to extend construction milestones for certain markets from June 14, 2025, to December 14, 2026.
Now Carr says that decision was negotiated “behind closed doors” during the previous administration in September 2024 and he’s accusing EchoStar of basically kicking the can down the road when it comes to meeting major buildout milestones.
He also notes that 2024 was not the first time EchoStar sought extensions. “That history is relevant today,” he told Ergen. “Currently before the FCC are filings from EchoStar that claim to satisfy the bureau’s new December 2024 buildout obligation. But questions remain regarding these submissions. Accordingly, I have asked FCC staff to investigate EchoStar’s compliance with its buildout milestones.”
Indeed, Ergen amassed a treasure trove of spectrum over the years, and for a long time, he was accused of hoarding spectrum with the intent of selling it to the highest bidder when the time comes. Now investment analysts are surmising when the spectrum will become available for sale – assuming the Boost Mobile business fails to remain as a "going concern."
Carr in his letter to Ergen noted that Boost has fewer subscribers than when EchoStar acquired the company five years ago.
But Ergen insists the business will continue to invest and expand. On Friday, EchoStar announced that Boost added 150,000 subscribers in Q1, showing a sizable improvement over last year’s first quarter. EchoStar President of Technology and COO John Swieringa said Boost Mobile now provides 5G to more than 80% of the U.S. population and that it met its June 14, 2025 FCC requirement by deploying 3GPP Release 17 across the network, which now has 24,000 5G sites on air.
What EchoStar says
In a statement provided to Fierce, Ergen said his companies have worked collaboratively with FCC leaders since they first launched a DBS satellite more than 30 years ago. Through its 5G deployment, which relied on scores of tower climbers and engineers, “we have met or exceeded all of the commitments we have entered into with the FCC to date. And our work is not yet finished as we continue to deploy and invest in our network.”
The Boost network also furthers a critical Trump administration priority in the deployment of open RAN to ensure the U.S. is at the forefront of wireless leadership and that its infrastructure is devoid of Chinese vendors. “Thanks to our nationwide pricing model and agreements with partner carriers, Boost Mobile is available at affordable prices to Americans across the country – including in rural and hard to reach communities,” Ergen said.
“Indeed, our new buildout deadlines – which are consistent with FCC practice under the past two Administrations where the Wireless Bureau granted hundreds of buildout extensions – came with additional, substantial pro-competitive commitments that EchoStar has fulfilled,” Ergen added.
Ergen and Musk have been battling one another over FCC issues for years, including in the 12 GHz band. Musk’s close ties to the Trump administration sparked questions about how the FCC would consider the many issues that involve Musk’s businesses. Now we know a little more about his sway with Carr.