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EchoStar/Dish ‘s failure to pay cell tower rent could leave you paying more for cell service

Late in 2024 and throughout 2025, Dish stopped construction on new cell sites. This was done to help Dish and its parent company EchoStar conserve cash, but it left many towers half-finished. For example, on some towers, Dish was able to install mounting brackets, and the huge 5G antennas. However, Dish did not connect them to backhaul power or fiber. This left tower companies like American Tower and Crown Castle with a financial problem.

Dish is not paying rent on some of the cell towers it signed a long-term lease on

The problem here is that if Dish continues not to pay the infrastructure vendors, rents for these towers could rise 5.7%–10.7%. This could force carriers and ultimately consumers to pay more for wireless service. Brattle’s study was paid for by the Wireless Infrastructure Association (WIA). Both figure that the tower companies are owed $7 billion to $10 billion for the services they provided to EchoStar.

 WIA President and CEO Patrick Halley

FCC needs to approve EchoStar’s spectrum sales

The FCC still needs to approve EchoStar’s spectrum sales. Between August and September last year, EchoStar sold spectrum valued at $40 billion. AT&T paid it $23 billion for 3.45 GHz  mid-band & 600 MHz low-band airwaves. SpaceX paid it $17 billion for AWS-4 & H-block spectrum. As those deals were being worked on, EchoStar declared force majeure on its long term leases. This is an “act of God” that prevents a company from fulfilling its side of a contract.

In this case, EchoStar said that the FCC’s investigation into its spectrum holdings and the dismantling of its standalone 5G network allowed it to call force majeure on its long term contracts. This is a highly disputed and complex matter. The WIA says that the FCC should hold off on approving EchoStar’s spectrum sales unless the company is forced to set up an escrow that will set aside enough money for the company to meet its obligations with the tower companies. The escrows would be funded by the spectrum sales.

                         -WIA President and CEO Patrick Halley

Publicly traded tower companies like American Tower, Crown Castle and SBA Communications have sued Dish over the default. Crown Castle put a $3.5 billion amount on how much it is owed by Dish. Considering that FCC Chairman Brendan Carr had previously gone after EchoStar, we could see the escrow option put into place, which would help guarantee that the tower companies don’t get shafted.

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