DISH Washing - Force Majeure Gambit and Implications for Public and Private Landlords
Executive Summary
Major players in the wireless industry are disputing EchoStar/DISH’s attempt to claim force majeure to excuse them from lease obligations. Local governments, and traditional real estate owners, should be aware of the litigation and consider the potential outcome before accepting DISH’s claims.
Background
A U.S. Department of Justice condition on T-Mobile’s 2019 acquisition of Sprint was the divestiture or sale of some Sprint-held spectrum. The required sale was to support a fourth national facilities-based wireless carrier – and thus was born “DISH Wireless.” During the past five years, DISH sought to build out a national network, but in August 2025, EchoStar, the satellite company that merged with DISH in 2024, pivoted. The company announced the sale of spectrum licenses to AT&T and plans to operate as a hybrid mobile network operator (MNO) using AT&T’s network for connectivity under the label Boost Mobile.
Contested Claims of Force Majeure
In October 2025, DISH began communicating with landlords that the Federal Communications Commission’s (FCC) “investigation into reversing prior grants of [spectrum] license authority to EchoStar” and subsequent efforts to decommission their network excused DISH’s lease obligations. Almost immediately American Tower filed in the U.S. District Court for Colorado (docket 1:25-cv-3311). They alleged that DISH is engaged in "contrived efforts to evade its clear and undisputed contractual obligations ... to make payments for the use of cell tower facilities that it leases from American Tower to operate its Boost Mobile wireless communications business." Crown Castle filed a very similar suit in November (docket 1:25-cv-03756), in U.S. District Court for the District of Colorado. Additionally, as of November 26, 2025, Zayo, a vendor to DISH for fiber and transport services, contested DISH’s assertion in Colorado state court (Case 2025CV34300).
BBK cannot predict how the litigation will be resolved, still it is important to note that the largest real estate players in the wireless world are not accepting DISH’s claims at face value. Public and private real estate owners that have agreements with DISH, however, should be equally skeptical of DISH’s claims of force majeure or in this case, perhaps DISH Washing.
For more information, please connect with the authors and members of BBK’s Telecommunications practice group.
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Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
