ap

Skip to content

Asset rich but cash poor, Colorado’s biggest telcom company misses key bond payments

The future of EchoStar could rise on what happens with SpaceX

An upgraded 5G cell tower operated by AT&T stands in Englewood on Thursday, June 23, 2022. (Photo by Jintak Han/The Denver Post)
An upgraded 5G cell tower operated by AT&T stands in Englewood on Thursday, June 23, 2022. (Photo by Jintak Han/The Denver Post)
DENVER, CO - NOVEMBER 8:  Aldo Svaldi - Staff portraits at the Denver Post studio.  (Photo by Eric Lutzens/The Denver Post)
PUBLISHED:
Getting your player ready...

EchoStar Corp. has sought bankruptcy protection for its wireless and satellite television subsidiaries after regulatory delays prevented a $4.75 billion payment owed to noteholders.

The , made on June 30, represent the latest twist in a turbulent saga that EchoStar and Dish Wireless have navigated since agreeing to create a fourth national cellular network from scratch in 2020.

“EchoStar’s brands, customers, operations, and employees will not be affected. As a result of the restructuring, the Company will emerge stronger and better able to take advantage of future opportunities,” EchoStar said in a

EchoStar, based in Douglas County, holds its Boost Mobile and Gen Mobile brands under separate corporate entities, which aren’t part of the restructuring. Customer operations for Dish TV and Sling TV are also shielded.

That means Boost Mobile’s $25 unlimited “forever” plan, for example, will stay in place, even as traffic transitions to operating mostly on AT&T’s cellular network.

So how did one of Colorado’s largest and most important public companies — with more than 10,000 employees — find itself tangled up in bankruptcy court?

And how did it manage a soft landing there without wiping out the equity of its shareholders?

The regulatory pressure cooker

Last year, the Federal Communications Commission began to pressure the Englewood company to sell wireless spectrum it had spent $30 billion to acquire.

Regulators signaled they were skeptical of EchoStar’s ability to build a financially viable cellular network that could compete with the “Big Three” — Verizon, AT&T and T-Mobile.

“The loss of those assets, combined with billions in debt maturing on July 1, created a liquidity crisis that left the company with no viable alternative to a prepackaged Chapter 11 filing,” John Swieringa, chief operating officer of EchoStar Corp., wrote in a

To avert a complete loss, EchoStar negotiated two big asset sales last year. In August, AT&T agreed to purchase a third of the company’s spectrum licenses in the low-band and mid-band range for $23 billion, making a major dent in EchoStar’s debt pile.

In September, SpaceX agreed to pay $17 billion for another chunk of spectrum, paying half in cash to help cover debt servicing and half in its company shares.

By November, AT&T had already deployed the new wireless spectrum in Colorado and other markets, a move it claimed had boosted regional wireless speeds on its network by 80%.

Yet, the payments have moved a lot more slowly. While the FCC approved the two spectrum license sales on May 12, the Department of Justice and administrative approvals are still pending.

Until those are complete, AT&T can’t pay EchoStar the $20.5 billion it still owes.

The delays left EchoStar facing a July 1 debt wall it could not cross — a $2 billion payment for its satellite TV business, called Dish DBS, and a $2.75 billion payment to noteholders in Dish Wireless LLC.

The company reached a prepackaged agreement with approximately 88% of its debtholders, promising it would pay 2026 noteholders as soon as the AT&T funds arrived.

Holders of debt maturing in 2028 and 2029 agreed to have their notes reinstated under more favorable terms with stricter protections on collateral and quarterly cash sweeps to pay interest.

A pioneering but unmarketable venture

Satisfying noteholders will be comparatively easy compared to the messiest part of the bankruptcy case, unwinding the obligations around the ambitious 5G wireless network called Project Genesis.

Dish Wireless spent five years and $13 billion constructing Genesis, only to see it unravel in a few months after the FCC began pushing for EchoStar to sell off its spectrum licenses.

Without the required frequencies, the network of 24,000 towers and 144,000 antennas became worthless.

Roy Chua, founder of AvidThink, an independent research and advisory firm specializing in infrastructure technologies, notes that Dish Wireless built a cellular network so innovative it couldn’t be marketed to competitors.

The Open RAN infrastructure Dish Wireless pioneered didn’t map cleanly onto the existing architectures of the big three carriers, nor is it clear that its towers would fill coverage holes that the carriers had.

“The spectrum sale to AT&T created uncertainty about what exactly a purchaser gets — a network without the spectrum is far less valuable,” he said.

Vendors are pursuing more than $6 billion in claims spread across 170 active lawsuits and arbitration filings.

The largest are coming from tower giants Crown Castle, which claims it is owed $2 billion, and American Tower, which claims it is owed $1 billion in future lease payments.

Dish Wireless had signed tower leases representing $650 million a year in payments. The two are also claiming more than $500 million in construction costs to build towers that won’t be used.

EchoStar has asserted a defense of force majeure, a clause that can get triggered when natural disasters, war or other unforeseen events prevent the fulfillment of contractual obligations.

Dish Wireless has stopped paying rent on cell tower sites and informed other vendors that they won’t be paid.

The company argues that its hand was forced by the federal government, which threatened to seize the spectrum licenses that it needed to operate the Genesis network.

Vendors, however, argued that EchoStar engaged in a “calculated scheme” after realizing it didn’t have enough capital to complete its network.

The spectrum sales to AT&T and SpaceX were voluntary business decisions, and they argue they acted in good faith and should be paid from the proceeds.

After heavy lobbying from the wireless infrastructure industry, the FCC required EchoStar to set aside $2.4 billion from the future AT&T payment to compensate creditors on its Project Genesis network, with smaller vendors given priority.

If the court accepts Echostar’s “force majeure” defense, then the tower providers and other vendors could see zero recovery.

If not, then the standard 15% cap on recoveries allowed under the bankruptcy code should rule. The escrow amount the FCC required should be able to cover that.

EchoStar would like to wrap up the reorganization by the end of September, but that time frame will depend on how fiercely wireless creditors fight back.

Going forward, infrastructure vendors will be more cautious about extending credit to greenfield operators, Chua said, adding that wireless competition and innovation have suffered a “real setback.”

A network the FCC wanted, and then didn’t

EchoStar stepped up to build a fourth national cellular network after the Department of Justice blocked the $26 billion merger of T-Mobile and Sprint in 2019.

Wireless signals typically travel over the air at the start and end of their journey. The frequencies they use to do that are considered a public resource regulated by the FCC.

EchoStar had been snapping up wireless spectrum at auctions last decade, but developed a reputation for not using it, something the FCC frowns on.

A frustrated FCC was threatening to take those licenses away, and the stalled merger offered EchoStar a chance to deploy its spectrum.

EchoStar acquired Sprint’s prepaid service, Boost Mobile, receiving a seven-year agreement allowing it to use the T-Mobile network until it could build its own 5G network.

T-Mobile, in turn, could complete a deal that made it a much stronger competitor. The FCC and anti-trust regulators could get the fourth carrier they wanted to replace Sprint. And EchoStar finally had a path to generate revenues from its licenses.

The fatal flaw in the plan, however, was the timeline. EchoStar had no experience as a wireless carrier and had only five years to build a national and competitive 5G network from scratch.

That task would be Herculean even in the best of circumstances, and Project Genesis got stalled early when the pandemic threw supply chains into chaos.

“The capital requirements to build and maintain a competitive nationwide network on an ongoing basis are huge, and Boost was already stretched thin,” said Chua.

In September 2024, EchoStar, running low on capital and behind schedule, received an extension from the FCC’s Wireless Bureau to push the June 2025 buildout deadline to December 2026.

EchoStar was technically on track to hit that new deadline, but the extension was administrative and not approved by a full vote of FCC commissioners.

That may seem a technicality, but when Brendan Carr took over as FCC Commissioner, he seized on it, publicly calling the extension agreement a “backroom” deal and accusing EchoStar of spectrum “warehousing.”

According to court filings, Carr formally challenged EchoStar’s buildout pace in May 2025, signaling the commission’s intent to terminate the spectrum licenses unless they were divested.

Swieringa characterized the regulatory uncertainty as an “existential threat” that locked EchoStar out of capital markets. The company was faced with two choices.

It could fight back and risk losing the full $46 billion it has invested in spectrum and infrastructure, or it could fold on its network and salvage the value of the spectrum licenses.

Swieringa provided his testimony to the bankruptcy court to justify why Dish Wireless was invoking the force majeure clause against creditors.

But his testimony and filings made last year shed light on a behind-the-scenes power play at the FCC, and how the political winds were blowing against EchoStar.

Elon Musk, founder of SpaceX, strongly supported Carr’s nomination to lead the FCC. And Carr has acted to shield Musk from what he called a coordinated “regulatory harassment campaign.”

In a May 28, 2025, filing with the FCC, EchoStar accused SpaceX, and by extension, Musk, of leading a “persistent, misleading and anti-competitive” campaign to commandeer the airwaves it controlled. It also said SpaceX was misleading the FCC about the genuine effort it was making to build out its 5G network.

Carr has taken several steps at the FCC to change the rules in a way the benefit satellite communications providers. Although the FCC has long viewed EchoStar’s Genesis network as the replacement for Sprint, last year support swung in favor of Starlink, a subsidiary of SpaceX.

The bandwidth licenses SpaceX is set to obtain from EchoStar will allow it to more easily roll out “direct-to-cell” satellite capabilities later this decade.

A future payoff

Although SpaceX applied pressure behind the scenes, the company was careful not to burn the bridge it needed to cross with EchoStar and founder Charlie Ergen.

In perhaps the most interesting turn of the whole saga, the value of EchoStar’s stock, like a satellite on a booster rocket, is hitching a ride on SpaceX.

EchoStar is set to receive 52.4 million shares of SpaceX as part of a $19.6 billion sale of its spectrum to that company, which is expected to close next year.

At Thursday’s price of $167 a share for SpaceX, that holding is worth $8.7 billion, or 30% of EchoStar’s total market capitalization.

When SpaceX completed the world’s largest IPO on June 12, raising a record $75 billion, it only released a small sliver of its shares, 4.2%, to the public.

Investors remain desperate to get their hands on SpaceX shares, and EchoStar offers a backdoor way to do that.

Citi analyst Michael Rollins on July 7 issued with a price target of $126, above the current $98 price the stock trades at.

Normally, when a company files for bankruptcy protection of any type, the stock value is greatly diminished or, frequently, wiped out. Equity holders take the hit long before bondholders.

Not so with EchoStar. The company effectively stripped valuable assets from the troubled subsidiaries. It also retains some spectrum that has embedded value.

And it has the payments coming. Investors see a big upside in the payday of SpaceX shares.

In late June, shortly before the bankruptcy filings, EchoStar switched its stock ticker from SATS to ECHO.

For the foreseeable future, EchoStar, Colorado’s second-largest company in market value, will echo whatever happens to SpaceX.

If Musk delivers, EchoStar will benefit. In the ultimate plot twist, the rival has become the redeemer.

More in Technology