updated 06:07 pm EST, Thu December 20, 2012
Limits mostly time related, no financial disincentives
Following the unanimous approval of Dish Network's waiver to build out a LTE network in a congested area of bandwidth, details have become available detailing the restrictions the buildout will be under. According to the FCC, Dish must complete 40 percent of the proposed network within four years, and 70 percent within seven. If the 70 percent requirement isn't met, then Dish will be prohibited from offering service in the missed area.
Furthermore, if Dish fails to meet the 40 percent goal in four years, the 70 percent deadline will be cut by a year to six years. Opponents of the deal are concerned that Dish will "cherry pick" just the most lucrative areas for buildout, and leave the less serviced rural areas undeveloped as there are few incentives to complete and maintain them.
The FCC has also set power limits on the AWS-4 spectrum that Dish will be using for the LTE network to protect the congested band from interference. The 2000-2005 MHz portion of the spectrum will operate at reduced power, with a portion of the 1915-1920 MHz band likely to be sold to Sprint to insulate its network.