Tower company executives urge FCC Chairman Carr to require escrow funds to cover Dish’s infrastructure debts

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Executives from the wireless industry and WIA pictured at the FCC with Chairman Carr during meetings related to DISH Wireless, EchoStar spectrum matters, and network obligations.

Tower owners and infrastructure executives met with FCC Chairman Brendan Carr to press for transaction conditions that would require EchoStar to reserve some of the proceeds from the spectrum sale to make tower companies and contractors whole for unpaid balances.

Executives from the nation’s largest tower companies and wireless infrastructure trade association met with FCC Chairman Brendan Carr earlier this month to press for conditions on EchoStar’s multibillion-dollar spectrum transactions, according to an FCC ex parte filing submitted by the Wireless Infrastructure Association (WIA).

A January 12, 2026 termination notice sent by DISH Wireless to a tower site lessor, asserting that FCC actions tied to EchoStar’s spectrum holdings and subsequent divestitures have “frustrated the principal purpose” of the lease agreement. In the letter, DISH claims the government actions were unforeseeable and beyond its control, concluding that continued performance is impossible and that “DISH Wireless’s obligations are excused,” a position now at the center of growing disputes between the carrier and tower owners.

A January 12, 2026, termination notice sent by DISH Wireless to tower site lessors, asserting that FCC actions tied to EchoStar’s spectrum holdings and subsequent divestitures have “frustrated the principal purpose” of the lease agreement. In the letter, DISH claims the government actions were unforeseeable and beyond its control, concluding that continued performance is impossible and that “DISH Wireless’s obligations are excused,” a position now at the center of growing disputes between the carrier and tower owners. Some towercos have not received lease payments since October.

A January 12, 2026 termination notice sent by DISH Wireless to tower site lessors, asserting that FCC actions tied to EchoStar’s spectrum holdings and subsequent divestitures have “frustrated the principal purpose” of the lease agreement. In the letter, DISH claims the government actions were unforeseeable and beyond its control, concluding that continued performance is impossible and that “DISH Wireless’s obligations are excused,” a position now at the center of growing disputes between the carrier and tower owners.

DISH Wireless sent termination notices to tower site lessors, asserting that FCC actions tied to EchoStar’s spectrum holdings and subsequent divestitures have “frustrated the principal purpose” of the lease agreements. Some tower owners haven’t been paid for outstanding invoices since October and have notified DISH that they are in default of their lease agreement.

The January 22, 2026 letter to the FCC Secretary confirms that WIA member executives met on January 20 with Chairman Carr and senior FCC staff to discuss pending spectrum assignment applications involving EchoStar, AT&T Mobility, SpaceX, and related entities. The filing makes clear that the meeting was not merely with FCC staff or commissioners’ offices, but with the Chairman himself, underscoring the level of concern among infrastructure owners over the transactions’ potential ripple effects across the wireless ecosystem.

During the meeting, WIA executives emphasized that while they do not oppose the spectrum transfers, approving the deals without safeguards could result in transaction-specific public-interest harms, particularly if EchoStar is allowed to shield spectrum-sale proceeds from creditors. At the same time, its subsidiary, DISH Wireless, remains unable—or unwilling—to meet contractual obligations to tower owners and infrastructure partners.

The group warned that such an outcome would undermine the shared-infrastructure model long encouraged by Congress and the FCC, raise the cost of capital for tower financing, and slow future network deployment. WIA also argued that allowing spectrum transactions to proceed without protections could set a precedent that enables companies under FCC oversight to restructure in ways that render their operating subsidiaries effectively judgment-proof.

Importantly, the filing stresses that WIA is not asking the FCC to adjudicate private contract disputes. Instead, the association urged Chairman Carr to impose narrow, transaction-specific conditions to ensure that proceeds from the spectrum sales remain available if courts later determine that EchoStar or DISH is in breach of its obligations.

Among the conditions discussed were affiliate guarantees requiring EchoStar to stand behind its subsidiaries’ commitments, and escrow-type mechanisms to hold sufficient funds for a defined period to cover potential infrastructure-related liabilities. According to WIA, these tools are consistent with prior FCC precedent and would not delay the spectrum transfers or interfere with judicial proceedings.

The meeting aligns with Chairman Carr’s stated “Build America” agenda, which emphasizes infrastructure deployment, investment certainty, and workforce sustainability—areas that tower owners argue could be harmed if the Commission’s approval process is perceived as enabling avoidance of long-term obligations.

The FCC filing, which was copied directly to Chairman Carr and senior FCC counsel, provides the clearest documentary confirmation to date that tower-industry leaders elevated their concerns to the highest level of the Commission during the EchoStar spectrum review.

Meeting Attendees:

Wireless Infrastructure Association (WIA):

  • Patrick Halley, President and CEO

  • Mike Saperstein, Senior Vice President of Government Affairs and Chief Strategy Officer

Tower Company Executives:

  • Rich Rossi, Executive Vice President and President, U.S. Tower Division, American Tower

  • Chris Hillabrant, President and CEO, Crown Castle

  • Cathy Piche, Executive Vice President and COO – Towers, Crown Castle

  • Ed Farscht, CEO, Diamond Communications

  • Bill Davison, COO, Harmoni Towers

  • Brendan Cavanagh, President and CEO, SBA Communications

  • Scott Behuniak, President and COO, Skyway Towers

  • Todd Boyer, CEO, TowerCo

  • Ron Bizick, President and CEO, Vertical Bridge

  • Alex Gellman, Executive Chair and Co-Founder, Vertical Bridge

Federal Communications Commission:

    • Brendan Carr, Chairman

    • Arpan Sura, Senior Counsel and Chief AI Officer

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