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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 13, 2025 (May 9, 2025)
ECHOSTAR CORPORATION
(Exact name of registrant as specified in its charter)
001-33807
(Commission File Number)
Nevada |
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26-1232727 |
(State or other jurisdiction of incorporation or organization) |
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(I.R.S. Employer Identification No.) |
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9601 South Meridian Boulevard |
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Englewood, Colorado |
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80112 |
(Address of principal executive offices) |
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(Zip code) |
(303) 723-1000
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act:
Title of each class |
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Trading Symbol(s) |
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Name of each exchange on which registered |
Class A common stock, $0.001 par value |
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SATS |
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The Nasdaq Stock Market L.L.C. |
DISH NETWORK CORPORATION
(Exact name of registrant as specified in its charter)
001-39144
(Commission File Number)
Nevada |
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88-0336997 |
(State or other jurisdiction of incorporation or organization) |
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(I.R.S. Employer Identification No.) |
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9601 South Meridian Boulevard |
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Englewood, Colorado |
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80112 |
(Address of principal executive offices) |
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(Zip code) |
(303) 723-1000
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act: None
HUGHES SATELLITE SYSTEMS CORPORATION
(Exact name of registrant as specified in its charter)
333-179121
(Commission File Number)
Colorado |
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45-0897865 |
(State or other jurisdiction of incorporation or organization) |
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(I.R.S. Employer Identification No.) |
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9601 South Meridian Boulevard |
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Englewood, Colorado |
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80112 |
(Address of principal executive offices) |
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(Zip code) |
(303) 723-1000
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act: None
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01. Other Events.
On May 9, 2025, the Chairman of the FCC sent a letter to EchoStar Corporation (“EchoStar”) informing us that the FCC has begun a review of EchoStar’s compliance with certain of its federal obligations to provide 5G service in the United States (the “Letter”). The Letter also raises certain questions regarding our September 2024 buildout extension and MSS utilization in the 2GHz band. A copy of the Letter is filed herewith as Exhibit 99.1.
Our Chairman, Charles W. Ergen, provides the following statement:
“We have worked collaboratively with FCC leaders since we launched our first DBS satellite more than 30 years ago. Today, we are proud to have invested tens of billions to deploy the world’s largest 5G Open RAN network — primarily using American vendors — across 24,000 5G sites, to offer broadband service to over 268 million people nationwide. Through this deployment, which is possible thanks to scores of tower climbers, engineers, and partners, 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.
Not only does our network create American jobs and a competitive alternative to incumbent wireless carriers, it also furthers another critical Trump Administration priority: deploying Open RAN to ensure the United States is at the forefront of wireless leadership and that our infrastructure is free 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. 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.
As we continue to invest in and expand our terrestrial network deployment, we are also working to provide Open RAN direct-to-device (D2D) satellite technology, bringing additional connectivity to all Americans in the U.S. and around the world. EchoStar worked tirelessly to establish 3GPP NTN standard for D2D. With D2D 3GPP standards now complete, EchoStar has the global capability in terms of expertise, spectrum, and ITU priority to bring this to fruition. We are now testing new S-band services in both North America and Europe, and this year we launched a LEO satellite with several more planned in the coming months.
We look forward to continuing this important work to help the Administration and FCC continue to deliver for the American people.”
We cannot predict with any degree of certainty the outcome of the Letter.
Item 9.01. Financial Statements and Exhibits.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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ECHOSTAR CORPORATION DISH NETWORK CORPORATION HUGHES SATELLITE SYSTEMS CORPORATION
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Date: May 13, 2025 |
By: |
/s/ Dean A. Manson |
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Dean A. Manson Chief Legal Officer and Secretary |
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Brendan Carr Chairman
FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554
May 9, 2025
Mr. Charles W. Ergen
Chairman of the Board of Directors EchoStar Corporation
9601 South Meridian Boulevard Englewood, Colorado 80112
RE: EchoStar’s Spectrum Licenses
Dear Mr. Ergen:
The FCC has an obligation to ensure that the companies we regulate comply with the terms of their federal spectrum licenses. As you know, EchoStar or its affiliated companies hold a large number of FCC spectrum licenses that cover a significant amount of spectrum. I am therefore writing to inform you that I have asked the FCC’s staff to take several steps regarding spectrum licenses that your companies hold.
Specifically, I have directed agency staff to begin a review of EchoStar’s compliance with its federal obligations to provide 5G service throughout the United States per the terms of its federal spectrum licenses.
As you know, buildout obligations are one way that the FCC can ensure that Americans, including those living in rural communities, have a fair shot at next-generation connectivity. After all, failure to meet buildout obligations leaves these communities behind.
In 2019, EchoStar’s predecessor, DISH, agreed to meet specific buildout obligations in connection with a number of spectrum licenses across several different bands. 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% of the population within each of its licensed geographic areas for its AWS-4 and 700 MHz licenses, and at least 75% of the population within each of its licensed geographic areas for its H Block and 600 MHz licenses.
The terms of the deal were clear. 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.
To ensure that EchoStar’s commitments were credible, the FCC provided that EchoStar’s failure to meet its new buildout requirements could result in the loss of its spectrum licenses and significant financial payments. In the end, the Commission noted that the 2019 commitments would increase EchoStar’s incentives to grow market share and provide robust competition.
Rather than abiding by the terms of that 2019 Commission-level decision, EchoStar negotiated behind closed doors during the previous Administration in September 2024. Under the terms of that bureau-level decision, EchoStar would no longer have to meet the June 2025 buildout obligations—meaning, its commitment to provide 5G to a broad swath of America. Nor would EchoStar have to face the agreed-upon consequences for failing to do so. Instead, EchoStar would generally kick the can down the road while agreeing to buildout milestones for some major-market licenses by December 2024, along with other commitments. Today, there are fewer Boost Mobile subscribers than when EchoStar acquired the company five years ago.
Of course, 2024 was not the first time EchoStar sought extensions or missed milestones. Neither was 2019. Earlier, in 2017, the company informed the FCC that it would not meet its interim coverage and service milestones for its AWS-4 and Lower 700 MHz E Block licenses. Then, in 2018, EchoStar informed the FCC that it would not meet its interim coverage and service milestones for its H Block licenses.
That history is relevant today. 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.
At the same time, a petition for reconsideration of the 2024 bureau-level extension of the 2019 Commission-level buildout obligations remains pending at the FCC. Given the issues raised in that filing, I have asked FCC staff to seek public comment on the petition and the bureau’s 2024 extension of EchoStar’s buildout obligations. More generally, to help inform the FCC’s thinking about EchoStar’s use of spectrum, I have also asked agency staff to issue a public notice seeking comment on the scope and scale of MSS utilization in the 2 GHz band that is currently licensed to EchoStar or its affiliates.
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As I am sure you understand, the deployment of broadband service throughout the country, and the robust and efficient use of the nation’s spectrum resources, is of paramount importance to the FCC.
Sincerely,
Brendan Carr
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