The FCC’s Dangerous EchoStar Mistake

The complexities of telecom regulation can bewilder even seasoned professionals. Thus, a headline like “FCC to Investigate EchoStar's 5G” may seem too boring and technical to look into. This would be a mistake: this action by the Federal Communications Commission has the potential to be seriously market-disruptive, and even to impair American national security. Among the major national carriers, EchoStar is a technological leader in areas most relevant to competition with China and to national priorities in trade and advanced manufacturing. That makes it a national strategic asset. As a true fourth national network, it protects consumer choice and lower consumer prices. The FCC threatens such severe sanctions that they put EchoStar’s financial viability in question and threaten to kill the company. This places every holder of a spectrum license in a riskier position and will raise consumer prices by forcing every licensee, not just EchoStar, to charge higher risk premiums. Here’s how we got here.

[Nathan Simington was nominated to serve as a Commissioner of the FCC by President Donald J. Trump. He was confirmed by the United States Senate in 2020 and served in his position until June 6, 2025.]