DISH

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FCC threatens EchoStar licenses for spectrum that SpaceX wants to use

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“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.”

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Disney, Fox, and WBD give up on controversial sports streaming app Venu

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Although Fubo’s lawsuit against the JV appears to be settled, other rivals in sports television seemed intent on continuing to fight Venu.

In a January 9 letter (PDF) to US District Judge Margaret M. Garnett of the Southern District in New York, who granted Fubo’s premliminary injunction against Venu, Michael Hartman, general counsel and chief external affairs officer for DirectTV, wrote that Fubo’s settlement “does nothing to resolve the underlying antitrust violations at issue.” Hartman asked the court to maintain the preliminary injunction against the app’s launch.

“The preliminary injunction has protected consumers and distributors alike from the JV Defendant’s scheme to ‘capture demand,’ ‘suppress’ potentially competitive sports bundles, and impose consumer price hikes,” the letter says, adding that DirectTV would continue to explore its options regarding the JV “and other anticompetitive harms.”

Similarly, Pantelis Michalopoulos, counsel for EchoStar Corporation, which owns Dish, penned a letter (PDF) to Garnett on January 7, claiming the members of the JV “purchased their way out of their antitrust violation.” Michalopoulos added that the JV defendants “should not be able to pay their way into erasing the Court’s carefully reasoned decision” to temporarily block Venu’s launch.

In addition to Fubo, DirecTV, and Dish, ACA Connects (a trade association for small- to medium-sized telecommunication service providers) publicly expressed concerns about Venu. NFL was also reported to be worried about the implications of the venture.

Now, the three giants behind Venu are throwing in the towel and abandoning an app that could have garnered a lot of subscribers tired of hopping around apps, channels, and subscriptions to watch all the sports content they wanted. But they’re also avoiding a lot of litigation and potential backlash in the process.

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DirecTV announces termination of deal to buy Dish satellite business

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DirecTV CEO Bill Morrow indicated his company wasn’t willing to change the deal to satisfy Dish bondholders. “We have terminated the transaction because the proposed Exchange Terms were necessary to protect DirecTV’s balance sheet and our operational flexibility,” Morrow said.

AT&T still selling DirecTV stake

AT&T owns 70 percent of DirecTV but plans to sell its stake to private equity firm TPG, which owns the other 30 percent. DirecTV said this separate deal is still moving forward.

“The termination of the Dish acquisition does not affect TPG’s acquisition of the remaining 70 percent stake in DirecTV from AT&T, which is expected to close in the second half of 2025,” DirecTV said.

EchoStar was hoping to get rid of the declining satellite TV business and focus on its cellular ambitions. When the deal was announced on September 30, EchoStar said it would be able “to focus more clearly on enhancing and further deploying its nationwide 5G Open RAN wireless network.”

DirecTV and Dish tried to merge over two decades ago. The deal was scrapped after the US Department of Justice filed an antitrust lawsuit, saying the merger “would eliminate competition between the nation’s two most significant direct broadcast satellite services.”

AT&T bought DirecTV for $48.5 billion in 2015 but lost nearly 10 million subscribers in the ensuing years before completing a spinoff in 2021. The subscriber losses continued after the spinoff; DirecTV lost 1.8 million subscribers in 2023, bringing it down to an estimated 11.3 million.

EchoStar recently reported having 5.89 million Dish TV subscribers and 2.14 million Sling TV subscribers after the latest customer losses in the satellite division and customer gains for the Sling streaming service.

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