Industrial technology concept. Photo: EchoStar Mobile

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. 

At this point, the FCC has not taken any action on EchoStar’s spectrum. But EchoStar argues that license reversals contemplated by the public notices would hurt investment in the U.S., and could impact future investments from other companies.

“Why would any company invest in domestic telecommunications — on earth or in space — if the commission can change its mind on a whim and destroy a company simply for following the agency’s instructions? Why would any company invest in American operations, jobs, or future spectrum auctions when faced with the unpredictability that such an abrupt reversal would bring?” EchoStar said.

The FCC’s inquiry into EchoStar’s spectrum specifically mentioned that SpaceX has raised questions about the company’s MSS utilization. SpaceX has called for the FCC to bring new entrants into the 2 GHz band and start a new spectrum-sharing process.

EchoStar said that SpaceX has mounted a “persistent, misleading, and anti-competitive campaign” that “appears to have influenced the public notices.” 

The company pointed to the work it contributed to incorporate satellite and non-terrestrial networks (NTN) into the 3GPP wireless communication standards, saying it undertook this work because of its exclusive licenses. EchoStar called attention to potential impacts on the direct-to-device market. The company is working on a plan for its own constellation for D2D services. 

“EchoStar paid billions for its spectrum rights and invested billions more to make its exclusively licensed spectrum commercially viable: there is absolutely no basis for SpaceX to be granted the right to commandeer this band,” the company said. “If the Commission does what SpaceX is seeking, it would cripple EchoStar, damaging competition in the market for D2D, among many other connectivity services.” 

EchoStar claims in the filing that it has met or exceeded its 5G license and MSS obligations, takes issue with the implications of the inquiry, and argues that sharing in the 2 GHz spectrum band is not possible. 

The company also pointed to President Trump’s stated goal for the U.S. to be the global leader in Wi-Fi, 5G, and 6G, arguing “EchoStar is the only company that has built an Open RAN 5G network in the United States. The Commission should do its utmost to preserve and enhance it, not destroy it.” 

Public comments were due to the FCC on Tuesday and there is now a reply period, with reply comments due June 6.