Dish Network (DISH.O) said on Tuesday that the U.S. Federal Communications Commission has issued a proposal that would allow the satellite TV company to use wireless spectrum it acquired.
But the company added that the FCC proposal puts limits on Dish's spectrum by making the company lower its "power and emission levels that could cripple our ability to enter the business," it said in a statement.
Dish had been waiting since March when the agency delayed its application to find out whether it could use its spectrum in the way in wanted, all in the hopes of building a wireless U.S. cellular network.
Dish Chairman Charlie Ergen has spent more than $3 billion buying up wireless spectrum in the past few years.
Dish shares fell 1.2 percent in after-hours trading after closing at $34.85 on Nasdaq.
(Reporting by Liana B. Baker, editing by Gary Crosse)