If the Department of Justice is going to allow T-Mobile to merge with Sprint, it's going to need more concessions from Deutsche Telekom.
The German telecommunications company that will control a combined T-Mobile/Sprint is in talks with both Dish Network and the DOJ on the parameters of a divestiture and spectrum-hosting agreement that will prop up Dish as a new U.S. wireless competitor. Deutsche Telekom, Dish and the DOJ are close to an agreement, and a deal could be finalized by next week, according to people familiar with the matter.
Still, there are various hurdles that must be crossed before a deal is done. The DOJ is pushing Deutsche Telekom to give Dish a sweeter deal to ensure the longtime satellite TV provider can be an effective fourth player in the wireless industry to AT&T, Verizon and T-Mobile/Sprint.
The DOJ wants Deutsche Telekom to give Dish unlimited access to its network, said the people, who asked not to be named because the discussions are private. T-Mobile has pushed back, arguing Dish should only be given access to 12.5% of the network's capacity.
Additionally, CNBC has learned Dish would have access to a combined T-Mobile/Sprint network for about six or seven years, according to people familiar with the matter. After that, Dish would be forced to move its wireless airwaves onto a network that it has built for itself. Dish doesn't have a 5G network yet but plans to build one in the coming years — an endeavor that will cost billions of dollars. Dish has said for years it wants a partner to build the network.
Given Dish's need for more capital to build a network, T-Mobile has also asked that no strategic investor take more than a 5% stake in Dish, said the people. This would limit Dish's ability to rely on a company with a huge balance, such as Google or Amazon, for capital to build a network quickly.
Dish and T-Mobile have come to a rough agreement on terms, CNBC's David Faber reported earlier on Tuesday. Those terms include a revenue-sharing agreement, said the people. Dish will also acquire additional spectrum and prepaid wireless carrier Boost Mobile from the combined Sprint/T-Mobile.
But closing the deal depends on DOJ approval and the California Public Utilities Commission. Even then, 14 state attorneys general are suing to block the Sprint/T-Mobile deal, arguing a deal would raise prices and reduce competition.
Watch: T-Mobile, Dish reached a tentative deal pending DOJ concerns
