In BBK’s December 2025 legal alert, BBK attorneys Gail Karish, Gerard Lederer and Bennett Givens advised that DISH had starting notifying landlords asserting that unforeseen actions by the Federal Communications Commission (“FCC”) and DISH’s parent company, EchoStar’s proposed spectrum sale, entitled DISH to relief from lease obligations under the doctrine of force majeure — a legal principle that may excuse contractual performance when an uncontrollable event renders performance impossible or impractical. The December alert also explained that major tower companies and fiber optic providers are disputing DISH’s claims in court, and cautioned that property owners not excuse DISH from its contractual obligations pending resolution of that litigation.
This alert addresses two related developments. First, DISH’s parent company, EchoStar, requires approval to sell the spectrum licenses DISH utilized to operate its network. (See Wireless Infrastructure Association’s (WIA) background paper on EchoStar's efforts to use license transfer to avoid lease obligations.) WIA and others are asking the FCC to withhold approval of the spectrum transfers until EchoStar agrees to honor the commitments DISH made to both traditional landlords and tower companies. Landlords impacted by DISH’s claims may file comments here by referencing proceedings 25-303, 25-302.
Second, as the litigation and FCC proceedings continue, traditional landlords who have revenue share provisions in their tower company leases should be alert to a new round of related notices, this time from the tower operators. At least one tower company has advised several of its landlords that it is terminating its agreement with DISH to be on their towers, and has represented that no further revenue share will be provided to the property owners. This claim should not be accepted at face value as it poses a risk that should tower companies alone be compensated by DISH, be it by FCC’s actions or a court’s order, they will not provide their landlords with an equitable share of any recovery.
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