The Federal Communications Commission on Tuesday approved Dish Network's request to to use wireless spectrum and also approved a framework for a spectrum auction next year.

FCC's decision will free up 40 MHz of underutilized satellite spectrum for land-based mobile broadband, including 4G LTE.

U.S. second satellite U.S. television provider will be allowed to convert satellite spectrum for wireless use but would impose restrictions that the company opposes.

"The FCC has removed outdated regulations and granted terrestrial flexibility for most of the AWS-4 band. We appreciate the hard work and focus of the FCC and its staff throughout this process. The Commission has taken an important step toward facilitating wireless competition and innovation, and fulfilling the goals of the National Broadband Plan. Following a more thorough review of the order and its technical details, DISH will consider its strategic options and the optimal approach to put this spectrum to use for the benefit of consumers," said eff Blum, DISH senior vice president and deputy general counsel.

The FCC commission also voted to approve a framework for auctioning a different part spectrum -- the H Block -- in 2013.