Communications and Technology Alert: Commission Approves EchoStar Spectrum Transactions; Commission Orders Echostar Reimbursement Fund; ESRTA Section 214 Consent Decree; OSHA Fall Protection Comment Deadlines [Vol. XXIII, Issue 20]
Commission Announces Approval of Echostar Spectrum Transactions
Last Tuesday, the Commission announced the approval of the sale of EchoStar’s spectrum to two separate buyers, SpaceX and AT&T. AT&T will acquire approximately 50 MHz of spectrum for its nationwide networks, of which 30 MHz will be used for mid-band 3.45 GHz spectrum and 20 MHz used for 600 MHz low-band spectrum. SpaceX will acquire approximately 65 MHz of spectrum, of which 15 MHz is unpaired, nationwide AWS-3 spectrum, 40 MHz is nationwide AWS-4 spectrum and 10 MHz is nationwide H-Block spectrum. According to the Commission’s Public Notice, the transactions will facilitate the acceleration of 5G and fixed wireless deployments for both in-home broadband and enterprise solutions, as well as support next-gen D2D offerings, including low-earth orbit satellite connectivity. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Requires $2.4 Billion Held in Escrow for DISH Contractors
As a condition to last Tuesday’s sales, the Commission required EchoStar to set aside $2.4 billion of the spectrum sale in a trust fund that aims to ensure there are funds available to pay several tower construction companies that are currently suing EchoStar over the cancelation of contracts that EchoStar and its subsidiaries signed in furtherance of building out its now defuncted 5G Network. Claimants who successfully receive a final judgement against EchoStar may access the fund to reimburse services or goods provided to EchoStar with relation to the licenses associated with SpaceX or AT&T deal, as well as costs associated with decommissioning towers, the loss of future profits from agreements to operate EchoStar’s network, and/or “costs incurred that the Claimant reasonably expected to be repaid out of future receipts.” If your company entered into a tower lease or construction agreement with DISH Networks or another EchoStar subsidiary and you want to discuss your options, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Enforcement Bureau Reaches Consent Decree with Eastern Slope over Section 214 Violations
Last Wednesday, the Commission’s Enforcement Bureau announced that it had entered into a consent decree with Eastern Slope Rural Telephone Association, Inc. (ESRTA) to resolve violations of its international common carrier obligations under Section 214 of the Communications Act of 1934, and Section 63.18 of the Commission’s rules and regulations. Specifically, the Enforcement Bureau found that ESRTA had operated international common carrier communications services since 1999 without obtaining proper international Section 214 authorization. ESRTA had mistakenly believed providing services on a purely resale basis without using its own facilities did not require authorization, and only filed for Section 214 authorization under the advice of counsel in 2025. As a result, ESRTA agreed to implement a compliance plan and pay an $80,000 voluntary contribution. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
OSHA Fall Protection Comment Deadlines
OSHA is seeking comments to revise a critical deadline for fall protection. The current rule, passed in 2016, requires employers to install personal fall arrest systems (or ladder safety systems) on all fixed ladders that extend more than 24 feet above a lower level. Employers must implement these changes no later than November 18, 2036. Now, OSHA seeks comments that would relax the timeline for compliance – the new proposal would instead only require implementation of personal fall arrest systems (or ladder safety systems) at the time when existing ladders have reached the end of their service lives. Comments are due to OSHA no later than June 5, 2026. Employers that are affected by this fall protection requirement should coordinate with their OSHA counsel, their industry-specific trade associations, and with other industry groups. For more information, contact Manesh Rath (rath@khlaw.com; 202.434.4182).
To sign up for our weekly alert, please send us an email at CommTechLawAlert@khlaw.com and provide us with your name and email.