SpaceX argues that EchoStar isn’t fully utilizing its MSS spectrum (AWS-4 band), while EchoStar insists that meeting FCC deployment requirements should be enough to retain its license. This raises a key regulatory question: Should spectrum rights be based on actual usage, or is compliance with deployment rules sufficient?
To what extent do commercial factors give a regulator the right to reassign a spectrum license, even when a network is built and meets all the appropriate regulatory requirements?
As demand for wireless resources grows, this debate could shape future spectrum policies. Will regulators prioritize utilization, or will adherence to licensing terms remain the deciding factor?
A Longstanding Spectrum Dispute
SpaceX and EchoStar/Dish have been contesting various spectrum assets, with the latest round focused on the 2 GHz MSS band, also known as AWS-4. This spectrum was allocated for mobile satellite services until the FCC made fixed and mobile service co-primary during the 2011–2013 timeframe.
SpaceX’s most recent challenge to EchoStar came in a letter filed with the FCC on March 20, 2025, triggering a series of back-and-forth exchanges. In its April 14, 2025 letter, SpaceX claimed that “Dish uses less than 5% of what would be expected from an actual wireless network operator,” citing satellite-measured power spectral density (PSD) over regions including the Northeastern U.S., Western U.S., and Alaska.
EchoStar’s Defense and Future Plans
EchoStar responded to SpaceX’s claims in its April 23, 2025 letter to the FCC, maintaining that it has spent billions of dollars deploying a facilities-based service across multiple spectrum bands, including AWS-4, with more than 23,000 towers deployed to date.
Additionally, EchoStar outlined its plan to launch a LEO constellation called Lyra, which will operate in the MSS band—the same spectrum SpaceX seeks for its direct-to-device services.
Market Implications and Competitive Positioning
If SpaceX secures MSS spectrum for its direct-to-device services, it will be able to compete as a standalone entity in the U.S. market, unburdened by requirements under the SCS framework. This would allow SpaceX to operate as an over-the-top service provider from a spectrum perspective, similar to GlobalStar.
A key challenge within the SCS framework is frequency assignment, which subordinates terrestrial mobile spectrum for satellite applications, alongside interference management concerns. Gaining access to part or all of the MSS band would significantly enhance SpaceX’s market opportunity and competitive standing.
Risks for EchoStar
Conversely, if EchoStar loses its ability to operate mobile services in part of the AWS-4 spectrum, the impact on its business would be severe. The AWS-4 band is integral to two of EchoStar’s 3GPP frequency profiles:
- n66: 20 MHz at 2180–2200 MHz
- n70: 20 MHz at 2000–2020 MHz
Any loss of access to the 2 GHz MSS spectrum would significantly impact both frequency profiles, creating a substantial setback for EchoStar. Given its overall spectrum holdings, such an impairment would be highly consequential. The FCC’s policy of supporting a fourth mobile operator’s entry into the market shaped EchoStar’s current spectrum position. A reallocation of this spectrum would represent a reversal of that regulatory approach. [See my earlier article on this topic for additional information.]
FCC Inquiry
The FCC has launched an inquiry into EchoStar’s use of the 2 GHz MSS spectrum and is seeking public comments:
“On the current status of EchoStar’s MSS operations in the 2 GHz band. In particular, we seek information on whether EchoStar is utilizing the 2 GHz band for MSS consistent with the terms of its authorizations and the Commission’s rules and policies governing the expectation of robust MSS. We also seek comment on steps the Commission might take to make more intensive use of the 2 GHz band, including but not limited to allowing new MSS entrants in the band.”
This marks an unusual regulatory move. Typically, inquiries into a spectrum band occur when regulators seek to reallocate it from one use case to another. In this instance, however, the FCC has already assigned the spectrum to a single licensee, making its inquiry particularly noteworthy. It will be especially intriguing to see how Verizon, AT&T, and T-Mobile respond—and where their support ultimately lands.
Concluding Thoughts
The debate between SpaceX and EchoStar highlights the growing tension between existing spectrum licensing models and evolving commercial demands. As satellite networks become more integral to connectivity, regulators must grapple with questions such as compliance with deployment requirements and utilization that maximizes spectrum utility. Ultimately, the resolution of this dispute could shape not just U.S. policy, but global approaches to spectrum management, influencing the future of mobile, broadband, and direct-to-device services.