The FCC denied a request from Dish Network for a waiver that would allow it to use wireless broadband spectrum it acquired from TerresStar Networks and DBSD North America to launch mobile phone and data services.

But the commission said Friday that it will launch a rulemaking proceeding on Dish's waiver request. It's not clear how soon Dish may be able to launch a mobile phone and data product, since the rulemaking proceeding may not be complete until the end of 2012.

Last month, Dish chairman Charlie Ergen told analysts on the company's fourth quarter earnings call that he thought Dish had an 80 percent chance of succeeding with its wireless broadband efforts. But he warned that the FCC has its hand on the "self destruct button" with its ability to deny its waiver requests. Ergen wants to be able to add mobile voice and data services to Dish's portfolio, which could help it compete with triple-play bundles from cable operators and telcos. ‘