Dish hopes to head off the FCC's proposal as it moves toward final approval. "The good news is that this proposed order is not final and we urge Chairman Genachowski and the Commissioners to recognize that the Dish plan delivers on the greatest public interest," Dodge wrote.
Dish is still likely to win big, according to Tim Farrar, an analyst at TMF Associates. The restrictions are modest and affect only the uplink portion of Dish's spectrum, which client devices use to send typically small amounts of data up to the mobile network, he said. The company could turn around and sell the spectrum to an established mobile operator for far more than it paid for TerreStar and DBSD, he said.
"Even with these modest restrictions ... it's still going to be worth quite a lot more than $3 billion," Farrar said.