Rule2026-06239
Review of the Commission's Rules Governing the 896-901/935-940 MHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 31, 2026
Effective
April 30, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) continues its efforts to expand broadband access in the 896-901/935-940 MHz band. This Report and Order now makes broadband available across all ten megahertz of this band. This Report and Order creates three options for 900 MHz licenses: a narrowband license; paired three-megahertz channels, called 3/3 broadband licenses: and paired five-megahertz channels, called 5/5 licenses.
Full Text
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[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Rules and Regulations]
[Pages 15889-15913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06239]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 27, and 90
[WT Docket No. 24-99; FCC 26-9; FR ID 338008]
Review of the Commission's Rules Governing the 896-901/935-940
MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) continues its
[[Page 15890]]
efforts to expand broadband access in the 896-901/935-940 MHz band.
This Report and Order now makes broadband available across all ten
megahertz of this band. This Report and Order creates three options for
900 MHz licenses: a narrowband license; paired three-megahertz
channels, called 3/3 broadband licenses: and paired five-megahertz
channels, called 5/5 licenses.
DATES: This final rule is effective April 30, 2026.
FOR FURTHER INFORMATION CONTACT: Morgan Mendenhall of the Wireless
Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#ade0c2dfcaccc383e0c8c3c9c8c3c5ccc1c1edcbcece83cac2db"><span class="__cf_email__" data-cfemail="bdf0d2cfdadcd393f0d8d3d9d8d3d5dcd1d1fddbdede93dad2cb">[email protected]</span></a> or 202-418-
0154.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in WT Docket 24-99, FCC 26-9, adopted on February 18, 2026,
released on February 19, 2026. The full text of this document is
available for public inspections and can be downloaded at <a href="https://www.fcc.gov/document/fcc-expands-broadband-spectrum-opportunities-900-mhz-band-0">https://www.fcc.gov/document/fcc-expands-broadband-spectrum-opportunities-900-mhz-band-0</a>. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to <a href="/cdn-cgi/l/email-protection#066065653336324660656528616970"><span class="__cf_email__" data-cfemail="2d4b4e4e181d196d4b4e4e034a425b">[email protected]</span></a> or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice).
Synopsis
I. Introduction
1. In this Report and Order, we maximize the potential of the 896-
901/935-940 MHz band (900 MHz band) by enabling broadband deployment on
all ten megahertz of the band. The adopted rules allow for eligible
existing 900 MHz licensees to transition to a paired five-megahertz
broadband channel license (5/5 broadband license). The revised 900 MHz
regulatory framework also provides opportunities to maintain narrowband
and paired three-megahertz broadband segment uses in the band to meet
the needs of incumbents. The Report and Order builds upon the
Commission's previous efforts to realign the band for paired three-
megahertz broadband channel licenses through a market-driven
transition.
2. Under these rules, the 900 MHz band can be used in a given
county in any of three configurations: (1) a ``legacy'' configuration
consisting of ten megahertz of 12.5 kHz frequency pairs grouped into
ten-channel blocks that alternate between the Specialized Mobile Radio
(SMR) and site-based Business and Industrial/Land Transportation (B/
ILT) services; (2) one six-megahertz broadband segment consisting of
two paired three-megahertz channels and two narrowband segments with a
total of 159 narrowband channels; or (3) ten megahertz of broadband
consisting of two paired five-megahertz channels and no reserved
narrowband channels.
3. The legacy configuration comprises 20 wideband channels
interleaved with 200 narrowband channels. More specifically, the legacy
configuration consists of ten megahertz of 399 narrowband (12.5
kilohertz) frequency pairs grouped into 10-channel blocks that
alternate between SMR blocks that are site-based or geographically
licensed by Major Trading Area and B/ILT blocks in which channels are
assigned on a site-by-site basis. The licensee may use the wideband
channels in a narrowband configuration or may combine contiguous
channels to create one or more wideband channels. Although these
channels are predominantly used in narrowband configurations at this
time, their use in a wideband configuration would likewise be
maintained under the legacy configuration. Any references to
maintaining narrowband operations or opportunities herein should
therefore be read as inclusive of maintaining the use of wideband
channels under the legacy configuration.
II. Background
A. Allocation and Use
4. 900 MHz Band. The 900 MHz band is currently allocated for Fixed,
Land Mobile, and Mobile Except Aeronautical Mobile. Specifically, the
897.5-900.5/936.5-939.5 MHz portion of the band--commonly referred to
as the 3/3 900 MHz broadband segment--is allocated on a co-primary
basis for Fixed and Mobile Except Aeronautical Mobile and is governed
by parts 27 and 90 of the Commission's rules. The 896-897.5/935-936.5
MHz and 900.5-901/939.5-940 MHz portions of the band--also referred to
as the narrowband segments--are allocated on a co-primary basis for
Fixed and Land Mobile and are governed by part 90 of the Commission's
rules.
5. Adjacent Bands. The 900 MHz band is situated immediately above
spectrum that is divided between the commercial Air-Ground
Radiotelephone Service, which uses the 894-896 MHz segment as the
downlink for high-speed communications services to the public onboard
aircraft, and common carrier and private fixed point-to-point links in
the 932.5-935 MHz segment. The 900 MHz band is immediately below the
Narrowband Personal Communications Service (Narrowband PCS), which uses
spectrum at 901-902/940-941 MHz, most commonly for two-way paging and
telemetry. The Table of Frequency Allocations also indicates limited
adjacent federal spectrum use.
B. Procedural History
6. 900 MHz Licensing Freeze. In 2018, the Wireless
Telecommunications Bureau (Bureau or WTB) announced a freeze on the
acceptance of applications for new or expanded 900 MHz band operations
in order to maintain a stable spectral landscape while the Commission
determined how to proceed with respect to the band. WTB modified the
freeze in 2019 to permit incumbents to exchange frequencies at the same
location (i.e., acquire proposed narrowband segment frequencies to
replace proposed vacated broadband segment frequencies), provided that
the modification did not increase that incumbent's net number of
licensed frequencies. In 2020, the Commission partially lifted the
freeze to permit covered incumbents to file applications to relocate
their operations to different frequencies or locations and transition
900 MHz narrowband operations.
7. 2020 Report and Order. In the 3/3 900 MHz Report and Order, the
Commission realigned the 900 MHz band to make available six of the
band's ten megahertz for the deployment of broadband services and
technologies. Although the Commission had sought comment on
establishing a paired 5/5 broadband segment, it found that adopting a
paired 5/5 broadband segment was premature and that the public interest
would be best served by providing 900 MHz licensees with the option of
continuing long-standing narrowband operations. The Commission stated
that it would monitor the progress of 3/3 broadband deployments and any
continuing narrowband requirements before addressing whether future
authorization of a 5/5 broadband segment is in the public interest.
8. To facilitate a rapid transition to 3/3 broadband deployment,
the 3/3 900 MHz Report and Order established a negotiation-based
mechanism that, where private agreements are reached, would make
available on a county-by-county basis six megahertz of low-band
spectrum for the development of broadband technologies and services,
while reserving the remaining four megahertz of the band for continued
narrowband operations. The Commission implemented a framework whereby
it would issue new 3/3 broadband licenses to applicants meeting certain
eligibility requirements. The Commission also created rules that permit
a 900 MHz broadband licensee to
[[Page 15891]]
relocate mandatorily a limited percentage of covered incumbents--except
those with complex systems--from the new broadband segment by paying
reasonable relocation costs, including providing comparable facilities.
In addition, the Commission adopted operational and technical rules to
minimize harmful interference to narrowband operations. The Commission
also issued the accompanying Order of Proposed Modification related to
AAR's 900 MHz nationwide ribbon license to prevent disruptions to the
railways, enhance rail safety, and fully clear a virtually nationwide
incumbent from the 3/3 broadband segment.
9. Petition for Rulemaking. On February 28, 2024, ten entities
filed a petition for rulemaking (Petition) asking the Commission to
adopt a framework that would increase the existing broadband allocation
in the 900 MHz band by providing an option for 5/5 broadband networks
in the band. Under their proposed plan, Petitioners maintained that
narrowband incumbents would remain protected under the existing
framework in the Commission's rules and would only vacate an existing
narrowband segment to allow 5/5 broadband operations if the relevant
parties made a private agreement to do so. Petitioners suggested that
no changes are necessary to the current harmful interference,
technical, or performance requirement rules to implement 5/5 broadband
operations. Likewise, Petitioners proposed that, as with the current
rules, the licensee of an authorization for a 5/5 broadband segment
could be required to make any necessary anti-windfall payments to the
general fund of the U.S. Treasury.
10. WTB Public Notice. On April 2, 2024, WTB sought comment on the
Petition and the request that the Commission provide an option for 5/5
broadband networks in the 900 MHz band through a voluntary transition
process. In particular, WTB sought comment on whether existing rules
would be sufficient to protect incumbent narrowband operations from
harmful interference, as well as whether those rules would be
sufficient to protect operations in adjacent spectrum bands. The
Commission received 31 comments and reply comments and 16 ex parte
filings. Commenting parties generally support the proposal, noting the
benefits that additional broadband could bring to licensees in the
band, including increasing the use of standard Long Term Evolution
(LTE) and 5G technologies and allowing for potential new use cases,
such as smart-grid technologies.
11. 5/5 900 MHz Notice of Proposed Rulemaking. On January 16, 2025,
the Commission released the 5/5 900 MHz NPRM, which sought comment on a
proposed voluntary, negotiation-based process to transition the entire
ten megahertz in the 900 MHz band for broadband. The proposal would
allow the entire band to transition to broadband in counties where a
prospective broadband licensee and incumbent licensees reach private
agreements to do so. In counties where no such agreement was reached,
the proposed framework would maintain the option of narrowband or six-
megahertz broadband segment operations pursuant to the legacy and 3/3
configurations to meet the needs of incumbents in the band.
Specifically, the Commission sought comment on whether the rules
governing the 3/3 broadband segment--including eligibility criteria,
application requirements and procedures, licensing and operating rules,
and technical requirements--would be appropriate for effectuating a
ten-megahertz broadband licensing framework. The Commission proposed
that the 900 MHz band would have three options, depending on the
license(s) held and the state of transition of the band in a particular
county: (1) continued narrowband operations across the band; (2)
continued narrowband operations in the narrowband segments (896-897.5/
935-936.5 MHz and 900.5-901/939.5-940 MHz) and broadband operations in
the 3/3 broadband segment (897.5-900.5/936.5-939.5 MHz); or (3)
broadband operations throughout the entire 900 MHz band. Finally, the
Commission sought comment on whether the Commission should continue the
900 MHz band freeze and, in an order accompanying the 5/5 900 MHz NPRM,
the Commission delegated authority to WTB to modify or terminate the
freeze.
12. Record. The Commission received 21 comments, 10 reply comments,
and 13 ex parte filings from utilities, railroad industry stakeholders,
equipment manufacturers, and critical infrastructure organizations.
Several commenters support the Commission's proposal to transition to a
5/5 MHz broadband band plan, emphasizing that it is vital for utilities
and critical infrastructure sectors to meet increasing demands for
secure, private wireless networks capable of supporting advanced
telecommunications needs and innovative applications. Anterix and
various utility stakeholders underscore the necessity of maintaining
narrowband options and voluntary transitions without mandatory
relocations. Stakeholders including the Edison Electric Institute (EEI)
and Lower Colorado River Authority (LCRA) highlight the potential
benefits of the proposed 5/5 MHz allocation, particularly for enhancing
mission-critical communications, grid modernization efforts, and
security.
13. In contrast, some commenters raise concerns with the prospect
of 5/5 broadband licenses in the 900 MHz band. AAR expresses unease
regarding the impact of the proposed broadband expansion on railroad
communications and emphasizes the need for railroads to transition out
of the band altogether in order for the 5/5 expansion to proceed. AAR
notes the significant financial and operational burdens associated with
its ongoing relocation of existing narrowband operations, and it
estimates relocation costs upwards of $41 million, and an additional
$69 million for implementing next-generation services. In a reply
jointly filed by AAR and the American Short Line and Regional Railroad
Association (ASLRRA), AAR and ASLRRA urge the Commission not to
finalize the rule without providing equivalent spectrum for the
railroads to continue operations (configured by the Commission into a
single nationwide geographic ribbon license), full compensation for
transition costs, and reasonable timelines for implementation, plus a
20-year guarantee against further relocation. Ondas and Siemens also
express concerns about the potential impact of a 5/5 broadband license
option on railroad operations. Adjacent band users Gogo Business
Aviation LLC (Gogo) and Space Data Corporation (Space Data) raise
concerns about the effects of 5/5 broadband on their operations.
III. Discussion
A. Enabling Increased Broadband Deployment in the 900 MHz Band
14. Through this Report and Order, the Commission enables broadband
on all ten megahertz of the 900 MHz band, providing enhanced spectrum
capacity to meet a wider range of broadband needs. We adopt a
negotiation-based mechanism that, where private agreements are reached,
will make available on a county-by-county basis a full ten megahertz of
spectrum for the deployment of broadband technologies and services. The
expansion adopted today has strong support from the enterprise
community and energy utilities that have been the predominant users of
narrowband spectrum in the 900 MHz band and are increasingly
[[Page 15892]]
transitioning to 900 MHz broadband networks.
15. The successful transition of the band to accommodate a 3/3
broadband segment demonstrates the significant demand for leveraging
underutilized 900 MHz spectrum for broadband technology. Implementation
of the 3/3 transition has been underway since 2021 and has resulted in
the deployment of private wireless broadband networks in the 900 MHz
band across 23 states. In fact, 900 MHz broadband spectrum has been so
highly sought after that Anterix and a number of utilities with
broadband networks petitioned the Commission, requesting the removal of
regulatory barriers to deploy broadband across the entire ten megahertz
in the band. Many commenters express enthusiasm for the Commission's
proposal to allow for broadband across the full ten megahertz of the
900 MHz band. Commenters suggest that increasing broadband
opportunities would provide utilities and other enterprise entities
with the spectrum needed for higher speed and lower latency networks
that have the ability to support known and yet-to-be-identified use
cases.
1. Band Realignment To Create a 5/5 900 MHz Broadband Segment on a
County-by-County Basis
16. We find it in the public interest to adopt the proposal to
amend the Commission's rules and expand the existing 900 MHz broadband
allocation to the full ten megahertz of spectrum. This revised
allocation will enable paired five-megahertz channels at 896-901/935-
940 MHz on a county-by-county basis. The transition to 5/5 broadband
will be optional and in a manner that ensures the protection of
incumbent and adjacent band licensees. We conclude that our action
furthers important goals of the Communications Act of 1934, as amended
(the Act), including improving the efficiency of spectrum use.
Specifically, we believe that expansion of the broadband capacity
available can address the critical demand and growing need for private
broadband networks in the 900 MHz band, allowing users to leverage
broadband capacity for more advanced and robust networks. We further
conclude that the flexible use of the 900 MHz band remains appropriate
under section 303(y) of the Act.
17. We acknowledge the concerns expressed by commenters regarding
the impact of a 5/5 900 MHz option on the railroads' ongoing deployment
of mission-critical safety applications in their nationwide license in
the narrowband segments (at 896-896.125/935-935.125 MHz). Further, some
commenters urge that final rules for the 5/5 broadband segment ``should
not be adopted until broadband licensees and incumbents reach
agreements that include specific, necessary assurances.'' We find it
impractical to delay the adoption of this Report and Order for private
party negotiations, and decline to do so. We note that the Commission's
actions here remove the regulatory barriers that have made a 5/5
broadband license an impossibility. We also make clear that all 5/5
broadband license acquisitions and exchanges in the 896-897.5/935-936.5
MHz and 900.5-901/939.5-940 MHz portions of the band--referred to as
the narrowband segments in the 3/3 configuration--will be completely
voluntary and market-driven.
18. The record shows that expansion of the 900 MHz broadband
allocation will continue to encourage innovation and stimulate
investment in new wireless technologies available to utilities,
critical infrastructure organizations, and other users of private
broadband networks. It will create additional market-driven
opportunities for robust broadband networks that fully support critical
communication systems and aid in ensuring the low latency and ultra-
high reliability required by electric and other utilities while
maintaining the narrowband option for B/ILT and SMR spectrum users. The
expansion will facilitate services and applications, such as broadband
data, voice services, text messaging, push-to-talk, and the capability
to handle communications from large numbers of small Internet of Things
(IoT) devices like sensors and actuators.
19. Going forward, 900 MHz licensees will have three options for
utilizing spectrum, depending on the license held and the state of
transition of the band in a particular county: (1) continued narrowband
operations across the band; (2) continued narrowband operations in the
narrowband segments (896-897.5/935-936.5 MHz and 900.5-901/939.5-940
MHz) and broadband operations in the 3/3 broadband segment (897.5-
900.5/936.5-939.5 MHz) on a county-by-county basis; or (3) broadband
operations throughout the entire band on a county-by-county basis.
20. We conclude that it is in the public interest to follow a
county-by-county approach to the transition to 5/5 broadband, and that
all three band configurations can successfully coexist in adjacent
counties, supported by geographic and other interference protection
provisions and the transition plans required to obtain a broadband
license. Commenters widely support the option for 5/5 broadband on a
county-by-county basis. For example, LCRA strongly believes that it is
possible for long-standing narrowband operations to continue under the
proposed realignment because the transition will be entirely voluntary
and only in those markets where all affected parties have reached
agreement. As LCRA notes, a county-by-county transition scheme has
enabled utilities to obtain 3/3 900 MHz broadband licenses and has
facilitated the relocation of narrowband incumbents to appropriate
alternative spectrum. Under the rules we adopt today, any transition to
5/5 broadband licenses may only take place after all relevant licensees
reach agreements to minimize disruption to services, maintain key
safety operations, and establish appropriate interference protection.
Further, it will facilitate compliance to follow the path established
with the transition to 3/3 broadband licenses in the band. Likewise, as
discussed in further detail in III.C.1., to adopt an inconsistent
geographic area could create unnecessary hurdles to 5/5 broadband
deployment, such as those caused by overlapping license areas.
21. Adjacent Band Coexistence. Some commenters raise concerns about
how the Commission will ensure that Air-Ground Radiotelephone Service
and Narrowband PCS operations are protected from 5/5 broadband
operations. Such concerns are addressed in greater detail below, but in
short, the technical and operational rules adopted herein have been
designed to promote effective coexistence between any new 5/5 900 MHz
broadband operations and neighboring incumbents.
22. In Band Coexistence. We conclude that it is possible for long-
standing narrowband operations to both coexist and, if permitted under
the freeze, expand operations alongside 5/5 broadband operations in
neighboring counties. The technical rules adopted today are designed to
prevent harmful interference between users of the 900 MHz band, as well
as between users of the 900 MHz band and users of adjacent bands.
Balancing the operational requirements of both broadband and narrowband
users in the 900 MHz band has been successfully underway for several
years. Nevertheless, should harmful interference occur, both the
narrowband incumbent and the broadband segment licensee will be
required to work in good faith to resolve such interference issues.
23. Revised Allocation. We allocate the entire 896-901/935-940 MHz
band as Mobile Except Aeronautical Mobile
[[Page 15893]]
Service and remove the Land Mobile allocation. We retain the co-primary
``Fixed'' allocation. This allocation allows for all three
configurations of the band. Depending on the status of the band in a
given county, service and technical rules will support continued
narrowband operations either across the band or in the narrowband
segments of the 3/3 configuration. The Mobile Except Aeronautical
Mobile Service allocation enables continued narrowband operations,
where applicable, because Mobile encapsulates Maritime Mobile,
Aeronautical Mobile, and Land Mobile. More specifically, we designate
896-901/935-940 MHz as a Miscellaneous Wireless Communications Service
governed by part 27 of the Commission's rules and include informational
references to ``Wireless Communications (27)'' and ``Private Land
Mobile (90)'' in the Table of Frequency Allocations. We also update US
footnotes 116 and 268 in the Federal Table so the references in the two
footnotes are consistent with the revised allocation we adopt today.
2. Negotiation-Based Transition
24. A market might transition to a 5/5 broadband license
configuration in one of two ways: either from a legacy 900 MHz band
plan configuration or from a 3/3 broadband configuration. In either
case, the transition of narrowband operations in the 896-897.5/935-
936.5 MHz and 900.5-901/939.5-940 MHz portions of the band--the
narrowband segments in the 3/3 configuration--must be completely
voluntary. In contrast, if a certain threshold is met, a prospective 5/
5 broadband licensee may invoke mandatory relocation in the 897.5-
900.5/936.5-939.5 MHz portion of the band--the broadband segment in the
3/3 configuration. We conclude that it is in the public interest to
adopt the proposal to authorize a market-driven, voluntary exchange
process whereby the 5/5 900 MHz broadband license could be obtained
from the Commission after private negotiations between the prospective
5/5 broadband licensee and all relevant incumbents. This method builds
on the successful track record of the 3/3 transition.
25. Commenters overwhelmingly support a voluntary relocation
process for transitioning the 896-897.5/935-936.5 MHz and 900.5-901/
939.5-940 MHz portions of the band--the narrowband segments in the 3/3
configuration--to a 5/5 broadband segment, with minimal exceptions.
Anterix highlights that the 900 MHz band transition is unique in that
no third party oversight and adjudication has been necessary here and
band clearing is completed in a reasonable amount of time based on
mutually agreeable negotiated terms. Commenters call ``[t]his
voluntary, cost-saving approach to spectrum allocation . . . a hallmark
of good policymaking'' and believes that ``through market-based, arms-
length negotiations, the parties involved will be able to reach
mutually agreeable terms to create a public good--a win-win-win
outcome.'' Other commenters agree on the importance of a voluntary
framework and express that it should be a key feature of the rules.
26. Regardless of the initial configuration of the band in a
particular county, we allow prospective 5/5 broadband licensees to
invoke mandatory relocation of incumbents in the 897.5-900.5/936.5-
939.5 MHZ portion of the band, consistent with the rights of 3/3
broadband licensees. Under the current rules for 3/3 licenses, an
applicant can receive a 3/3 broadband license in a county only if it
(1) holds spectrum in the broadband segment, (2) agrees to relocate, or
acquire spectrum held by, covered incumbents, and/or (3) demonstrates
how it will provide interference protection to covered incumbents'
operations collectively totaling at least 90% of the impacted site-
based and geographically licensed channels in the broadband segment.
With respect to incumbent licensees in channels that did not contribute
to the 90% eligibility threshold, a 3/3 broadband licensee then has the
right to invoke mandatory relocation from the broadband segment both of
covered incumbents' remaining site-based channels in a given county and
within 70 miles of the county boundary, and of geographically licensed
channels where the license area completely or partially overlaps the
county, with an exception for complex systems. We find that, in the
interests of fairness, a 5/5 broadband applicant starting from the
legacy configuration should not be disadvantaged vis-[agrave]-vis a 5/5
applicant that holds a 3/3 broadband license. Thus, a 5/5 broadband
applicant that does not currently hold a 3/3 broadband license may
invoke mandatory relocation of covered incumbents in the 897.5-900.5/
936.5-939.5 MHz portion of the band consistent with the 3/3 broadband
segment mandatory relocation rules.
27. We find it in the public interest to adopt a completely
voluntary transition for the 896-897.5/935-936.5 MHz and 900.5-901/
939.5-940 MHz portions of the band (referred to as the narrowband
segments in the 3/3 configuration), consistent with the Commission's
proposal and the feedback of the majority of commenters in this
proceeding. A 5/5 broadband applicant must negotiate a full, voluntary
clearing or protection of all incumbents in the 896-897.5/935-936.5 MHz
and 900.5-901/939.5-940 MHz portions of the band. While San Diego Gas &
Electric (SDG&E) argues that mandatory relocation is appropriate
because it ``ensure[s] that the expanded 5/5 MHz broadband transition
is completed expeditiously and efficiently'' and ``disincentivize[s]
unnecessary incumbent holdouts,'' we decline to deviate from the
Commission's proposal to solely establish voluntary relocation in the
896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz portions of the
band (referred to as the narrowband segments in the 3/3 configuration).
28. In addition, to reflect the existence of both the 3/3 and 5/5
broadband segments in the 900 MHz band, we adopt a revised definition
of ``covered incumbents.'' The revised definition will read as follows:
``Any 900 MHz site-based licensee in the 900 MHz band that is required
under Sec. 90.621(b) of this chapter to be protected by a 3/3 or 5/5
900 MHz broadband licensee (as applicable) with a base station at any
location within the county, or any 900 MHz geographic-based SMR
licensee in the 3/3 MHz broadband segment or 5/5 900 MHz frequency
range, as applicable, whose license area completely or partially
overlaps the county.''
29. AAR currently holds a nationwide ribbon license for use of a
paired wideband 125-kilohertz channel at 896-896.125/935-935.125 MHz.
The frequency range for this AAR nationwide ribbon license is within
the 896-897.5/935-936.5 MHz portion of the band--the first of the two
narrowband segments in the 3/3 configuration--and, as such, the license
can be moved as a result of a voluntary negotiation but mandatory
relocation of this license is prohibited. This nationwide ribbon
license covers a 140-mile wide swath of the railroad rights-of-way
across a majority of CONUS. We believe that there is a clear benefit in
removing the regulatory barriers and enabling broadband on all ten
megahertz of the 900 MHz band. The rules we adopt today leave it up to
the marketplace to determine which licensees, including AAR, may or may
not be relocated. If incumbent holdings prevent the creation of a 5/5
broadband license, the existing 900 MHz operations can continue in the
legacy or 3/3 broadband configuration of the band. We conclude that it
is in the public interest for the Commission to adopt a framework that
would allow the
[[Page 15894]]
transition of the entire 900 MHz band to broadband.
3. Eligibility for a 5/5 900 MHz Broadband License
30. To effectuate the framework we are adopting today, we conclude
that the eligibility requirements for a 5/5 broadband license will
largely mirror the eligibility requirements for a 3/3 broadband
license, with a few distinctions. This framework is supported by
commenters, who generally believe that the existing 3/3 requirements
have functioned well in advancing the 3/3 broadband transition.
31. The eligibility rule that we adopt for a 5/5 broadband license
has three elements. Specifically, we adopt the proposal that in order
for an applicant to be eligible for a 5/5 broadband license in a given
county, it must: (1) hold the licenses for more than 50% of the total
amount of licensed 900 MHz spectrum--900 MHz SMR (site-based or
geographically licensed), B/ILT (site-based), or 3/3 900 MHz broadband
spectrum--for the relevant county, including credit for spectrum
included in an application filed with the Commission to relocate,
cancel the license of, or acquire spectrum held by, covered incumbents;
(2) demonstrate that, as it pertains to the 897.5-900.5/936.5-939.5 MHz
portion of the band, the prospective licensee either: (a) holds a 3/3
broadband license in the relevant county; or (b) itself holds, or has
reached an agreement to clear through acquisition of spectrum,
cancellation of licenses, or relocation of covered incumbents, or has
demonstrated how it will provide harmful interference protection to,
90% or more of covered incumbents' site-channels in that portion of the
band in the county and within 70 miles of the county boundary, and
geographically licensed channels where the license area completely or
partially overlaps the county; and (3) demonstrate that, as it pertains
to the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz portions of
the band, it holds the licenses or has reached an agreement to clear
all covered incumbent licenses through acquisition, cancellation, or
relocation or demonstrates how it will provide harmful interference
protection to all covered incumbent licensees collectively holding
licenses in the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz
portions of the band (narrowband segments in the 3/3 configuration) in
the county and within 70 miles of the county boundary and holding
geographically licensed channels where the license area completely or
partially overlaps the county.
32. First Element: 50% Threshold. A 5/5 broadband applicant can
rely on either its 3/3 broadband license or its 900 MHz SMR and B/ILT
spectrum to meet the 50% threshold in the relevant county. The key
difference between the 5/5 and 3/3 900 MHz broadband opportunities is
that the starting point for a 5/5 license may be either the legacy
configuration or a 3/3 broadband segment configuration. This difference
is reflected in the way the 50% threshold eligibility rule is framed.
Several commenters express their support for this slight variation
between the 3/3 and 5/5 eligibility requirements. Commenters support
this framework, which would permit a 3/3 broadband licensee to be
eligible to meet the 50% spectrum threshold in a relevant county.
Allowing a 5/5 broadband applicant to meet this specific eligibility
requirement by holding a 3/3 broadband license will ensure that an
existing 3/3 broadband licensee may expand its broadband operations if
it otherwise meets the eligibility criteria. However, we do not require
a sequential process whereby a prospective 5/5 broadband applicant
would first be required to obtain a 3/3 broadband license. We agree
with Anterix that requiring a 3/3 broadband license as a prerequisite
would be inefficient and delay overall deployment of broadband
facilities.
33. Second Element regarding the 897.5-900.5/936.5-939.5 MHz
portion of the band. The second element of eligibility requires that a
prospective 5/5 broadband licensee either hold a 3/3 broadband license,
control (via direct holding of licenses or negotiated relocation), or
provide protection for at least 90% of the licensed spectrum in the
897.5-900.5/936.5-939.5 MHz portion of the band, measured by site-
channels. The provisions for the 90% threshold are identical to the
corresponding 3/3 broadband licensing rules--the prospective 5/5
licensee can hold spectrum directly, or reach an agreement with covered
incumbents in the 897.5-900.5/936.5-939.5 MHz portion of the band to
acquire spectrum held by or protect covered incumbents. This element
also provides for limited instances of mandatory relocation.
34. Third Element regarding the 896-897.5/935-936.5 MHz and 900.5-
901/939.5-940 MHz portions of the band. This third element requires
that a prospective 5/5 broadband licensee either hold licenses in the
896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz portions of the
band or reach agreements with covered incumbents in the 896-897.5/935-
936.5 MHz and 900.5-901/939.5-940 MHz portions of the band to
facilitate 5/5 broadband operations in the band. The key difference
between the second and the third element--other than the frequency
range--is that the prospective broadband licensee may not invoke
mandatory relocation in the 896-897.5/935-936.5 MHz and 900.5-901/
939.5-940 MHz portions of the band. [The 896-897.5/935-936.5 MHz and
900.5-901/939.5-940 MHz portions of the band are also commonly referred
to as the narrowband segments of the band in the 3/3 configuration.]
35. Cancellation. For the most part, the second and third elements
of the eligibility rule we adopt today mirror the 3/3 broadband segment
license eligibility rule. One difference between the existing 3/3
eligibility rule and the 5/5 eligibility rule we adopt today is the
inclusion of license cancellation in the second and third elements.
Numerous commenters express their support for this additional
transition mechanism. We agree that there are benefits to this approach
and add ``cancellation'' to the list of clearing mechanisms for both
the 3/3 and the 5/5 broadband licenses. This will provide 900 MHz
broadband applicants with an additional negotiation mechanism to clear
a covered incumbent in the relevant county, whereby the incumbent could
agree to cancel its 900 MHz license(s) in lieu of selling the
license(s) or relocating.
36. Generally. In addition, we take this opportunity to make non-
substantive editorial changes to the rules adopted by the Commission in
the 3/3 900 MHz R&O and to the rules proposed in the 5/5 900 MHz NPRM.
No substantive change is intended or should result from the revisions;
the changes serve to provide further clarity and consistency in the
rules. Because these editorial changes are non-substantive, they have
no impact on regulated entities or the public, and we find good cause
that notice and comment are unnecessary pursuant to 5 U.S.C. 553(b)(B).
4. Application Requirements and Procedures for a 5/5 900 MHz Broadband
License
37. We conclude that 5/5 broadband applicants will be required to
submit an Eligibility Certification and Transition Plan in their
application, a process similar to the existing requirements for 3/3
broadband licenses. The Commission will require the 5/5 broadband
license applicant to submit in its Eligibility Certification and
Transition Plan all information necessary to determine the validity of
[[Page 15895]]
the applicant's eligibility, including information necessary to assess
its ability to acquire spectrum from, cancel licenses of, relocate, or
protect covered incumbents, which will be used to determine whether
grant of a 900 MHz broadband license is in the public interest.
38. Some commenters note that imposing stricter requirements on 5/5
broadband licensees, such as requiring a 5/5 applicant to first obtain
a 3/3 license or requiring an increased spectrum threshold for
eligibility, would ``run counter to the Commission's goal . . . of
ensuring the band is efficiently and intensively utilized and that the
increasing spectrum capacity and private broadband network needs of
industries, such as utilities, railroads, critical infrastructure, and
business enterprises, are met.'' We agree that obtaining a 5/5
broadband license, whether by applying for the first time or expanding
a current 3/3 system, should be a ``simple, streamlined, and
efficient'' process.
39. Eligibility Certification Requirements. We adopt the proposal,
with minor modifications, that a 5/5 broadband license application must
include an Eligibility Certification that, at a minimum, shows that:
(1) the applicant holds the licenses for more than 50% of the total
amount of licensed 900 MHz spectrum for the relevant county; (2) as it
pertains to the 897.5-900.5/936.5-939.5 MHz portion of the band, the
prospective licensee either: (a) holds a 3/3 broadband license in the
relevant county, or (b) itself holds, or has reached an agreement to
clear through acquisition, cancellation, or relocation, or has
demonstrated how it will provide harmful interference protection to 90%
or more site-channels held by covered incumbents collectively holding
licenses in the 3/3 broadband segment in the county and within 70 miles
of the county boundary, and holding geographically licensed channels
where the license area completely or partially overlaps the county; and
(3) the applicant itself holds, or has either reached an agreement to
clear through acquisition, cancellation, or relocation, or demonstrates
how it will provide harmful interference protection to, all covered
incumbent licensees collectively holding licenses in the 896-897.5/935-
936.5 MHz and 900.5-901/939.5-940 MHz portions of the band in the
county and within 70 miles of the county boundary and holding
geographically licensed channels where the license area completely or
partially overlaps the county.
40. We find that these eligibility requirements are best suited to
facilitate a transition of the 900 MHz band to 5/5 broadband. As in the
3/3 broadband context, we conclude that the 50% threshold eliminates
the potential filing of mutually exclusive applications and facilitates
the opportunity for private agreements. The eligibility requirements
also serve to identify the applicant best positioned to deploy a 5/5
broadband system in a timely fashion, and are therefore in the public
interest. Additionally, we find it in the public interest to maintain
the requirement for a 5/5 broadband applicant to reach agreements to
clear through acquisition, cancellation, or relocation or to
demonstrate how it will provide harmful interference protection to all
covered incumbents. This requirement serves to protect covered
incumbents in the band, while simultaneously providing an opportunity
for market-based, arms-length transition negotiations, thereby
maximizing innovation and diversity of spectrum uses in the band,
consistent with the mandates of the Act.
41. Transition Plan Requirements. We require a 5/5 broadband
license application to include a Transition Plan in which the applicant
must show one or more of the following regarding covered incumbents
holding site-based licenses in the 900 MHz band in the county and
within 70 miles of the county boundary, and holding geographically
licensed channels where the license area completely or partially
overlaps the county: (1) agreement by covered incumbents to transition
from the 900 MHz band, as applicable; (2) protection of site-based
covered incumbents through compliance with minimum spacing criteria;
(3) protection of site-based covered incumbents through new or existing
letters of concurrence agreeing to lesser base station separations; (4)
protection of geographically based covered incumbents through private
contractual agreements; and/or (5) evidence that it holds licenses for
the site-channels in the county and within 70 miles of the county
boundary, and for geographically licensed channels where the license
area completely or partially overlaps the county.
42. We require Transition Plans to describe in detail all
information and actions necessary to accomplish the realignment to 5/5
broadband, as follows: (1) a description of the agreements reached with
covered incumbents and the applications that the parties to the
agreements will file for spectrum in the broadband and/or narrowband
segments, as applicable, in order to relocate licensees (for covered
incumbents relocating to new frequencies, the Plan should include the
types of applications and specific frequencies); (2)(a) a description
of how the applicant will provide harmful interference protection to,
and/or clear through license cancellation, relocation, or acquisition
of spectrum held by covered incumbents collectively holding licenses
for at least 90% of site-channels in the 3/3 broadband segment and 100%
of site-channels in the narrowband segments, as applicable, in the
county and within 70 miles of the county boundary, and for
geographically licensed channels where the license area completely or
partially overlaps the county, and/or (b) evidence that it holds
licenses for the relevant site-channels and/or geographically licensed
channels; (3) any rule waivers or other actions necessary to implement
an agreement with a covered incumbent; and (4) any other information
required for the Commission to determine whether the grant of an
application is in the public interest.
43. To demonstrate that the 5/5 broadband applicant will be able to
effectuate the proposed transition and deploy 5/5 broadband operations
while adequately protecting covered incumbents, we allow the applicant
to include in its Transition Plan a certification from an FCC-certified
frequency coordinator that the Transition Plan's representations can be
implemented consistent with Commission rules. The frequency
coordinator's certification must also establish that the proposed
relocations consider all relevant covered incumbents and are consistent
with the existing part 90 interference protection criteria if the
covered incumbent is site-based, and include any private contractual
agreements between the prospective broadband licensee and a
geographically-licensed covered incumbent.
44. Finally, to increase administrative efficiency and reduce
burdens, we allow a 5/5 900 MHz broadband applicant seeking to
transition multiple counties simultaneously to file a single Transition
Plan that covers all of its county-based applications. Commenters
express their support for this efficiency enhancing measure. We believe
that this process will streamline the overall transition, simplify
filing requirements, and minimize administrative burdens.
45. In the 3/3 900 MHz R&O, the Commission explained that a
Transition Plan is necessary in order for the Commission to verify a 3/
3 broadband applicant's eligibility, as it provides information
necessary to assess the
[[Page 15896]]
applicant's ability to acquire spectrum from, relocate, or protect
covered incumbents in the 3/3 broadband segment. We further explained
that a Transition Plan requirement furthers the public interest by
improving administrative efficiency and lowering the burden on small
entities. Commenters express their support for extending this
requirement to 5/5 broadband license applications. We find that
requiring a Transition Plan, with the modifications described above,
will achieve the same goal in the 5/5 broadband context, and that it is
in the public interest to adopt a Transition Plan requirement for
prospective 5/5 broadband licensees.
46. Application Grant Procedures. We adopt the proposal to commence
the 5/5 broadband transition by issuing a public notice announcing the
date that the Commission will begin accepting applications consistent
with the eligibility and application requirements adopted herein, and
delegate the authority to WTB to issue that public notice. Consistent
with part 1 of the Commission's rules, an application for a 900 MHz
broadband license will be placed on public notice for 30 days, during
which time interested parties may file petitions to deny. After review
of the required filings, if the Bureau finds that the applicant has
satisfied the 5/5 broadband license requirements and that grant of the
application is otherwise in the public interest, it will grant the
application and issue a 5/5 broadband license. The timeline for
complying with the applicable construction obligations will begin
immediately upon grant of the new license.
B. Anti-Windfall Provisions
47. To alleviate the risk of an undue windfall to the prospective
broadband licensee, we adopt the proposal to impose mandatory anti-
windfall provisions for 5/5 broadband licenses. This requirement is
similar to the 3/3 broadband provisions, with adjustments made for
spectrum valuation and spectrum credits. Specifically, an applicant
will be required to return all of its licensed 900 MHz SMR and B/ILT
spectrum, as well as its 3/3 broadband license(s), if applicable, for
any county in which it seeks a 5/5 broadband license, up to ten
megahertz total. In instances where a prospective broadband licensee
holds less than ten megahertz of spectrum and is thus unable to return
the full ten megahertz, spectrum may be assigned from the Commission's
available inventory for issuance of a broadband license if the
applicant compensates the general fund of the U.S. Treasury via an
anti-windfall payment as detailed herein. We believe that applying this
anti-windfall requirement to the 5/5 broadband licenses is in the
public interest, as it will act as payment for any spectrum provided by
the Commission from its inventory and will mitigate any potential
unearned benefit that a prospective 5/5 broadband licensee receives as
a result of this exchange.
48. To date, the anti-windfall provisions for the 900 MHz 3/3
broadband transition have resulted in payments to the general fund of
the U.S. Treasury of over $11,400,000 for over 370 applications.
Commenters generally agree that the existing 3/3 anti-windfall rules
have met the Commission's goal of ensuring that the U.S. taxpayers
receive the appropriate value for the 900 MHz spectrum in the FCC's
inventory, and there is support for the extension of these anti-
windfall provisions in the 5/5 broadband transition. As commenters
note, the anti-windfall provisions have ultimately delivered value to
the general fund of the U.S. Treasury for spectrum that in many cases
has been unused for decades. We agree that these provisions provide a
benefit to the American public, while also providing fairness across
the Commission's processes by ensuring that we do not provide free
spectrum from the Commission's available inventory.
49. Some commenters, however, suggest that broadband licensees who
have already invested in deploying 3/3 broadband spectrum should not be
subject to further anti-windfall measures when expanding their
operations into the 5/5 broadband segment and ``licensees may be
discouraged from expanding broadband operations due to these
potentially significant capital outlays.'' We are not persuaded by this
argument against anti-windfall payments. An applicant that made
previous anti-windfall payments when acquiring a 3/3 broadband license
would have received the benefit of that investment. While there is some
merit to the claim that mandatory anti-windfall payments may affect a
licensee's decision to expand broadband operations, we find that such
concerns do not justify, on balance, exclusion from the anti-windfall
provision. We see no benefit to forgoing an anti-windfall provision for
the remaining four megahertz of spectrum required to transition a 3/3
broadband license to a 5/5 broadband license. In contrast, we believe
that the absence of such an anti-windfall provision could be perceived
as a reward to applicants for simply pursuing a prior, optional
spectrum transition in accordance with the Commission's rules. The
anti-windfall provision, which we find will not be overly burdensome,
serves to ensure that participants are engaged in the 5/5 broadband
transition and are not receiving more spectrum with limited incentive
to utilize it more efficiently.
50. Spectrum Valuation Adjustment. When the Commission established
the 3/3 broadband anti-windfall provision, it opted to use the 600 MHz
auction prices as the basis for 3/3 broadband license anti-windfall
payment calculations. We conclude that the 600 MHz auction prices
remain the best valuation source for anti-windfall payments for 900 MHz
broadband licenses. We continue to find that 600 MHz and 900 MHz
spectrum characteristics, including propagation characteristics, are
sufficiently similar to justify application of 600 MHz auction prices
to 900 MHz broadband license anti-windfall payments. Commenters are
silent on the source of valuation.
51. Consistent with the Commission's proposal, we also make a one-
time adjustment to the valuation of spectrum to account for the
increased change in 900 MHz spectrum value since the 3/3 900 MHz R&O.
We believe that the best metric for determining the increased value is
by adjusting the population estimates by using the 2020 census
population data for each county instead of the 2010 data. While the 5/5
900 MHz NPRM proposed to base the valuation adjustment on inflation, we
find that the county population metric is more relevant to the value of
the spectrum than an adjustment based on Consumer Price Index data or a
similar inflation metric. There is support in the record for a one-time
adjustment in spectrum valuation.
52. We believe that adjusting anti-windfall payments by the change
in county-level population values provides the simplest method to
increase anti-windfall payments over time, as this measure is county-
specific and directly related to license values. The adjustment of the
anti-windfall payment calculations shall apply to both the 5/5
broadband transition as well as the 3/3 broadband transition. We
delegate authority to WTB to periodically make additional adjustments
as necessary, after an appropriate notice and comment period, to
account for changes in population estimates or other metrics that will
more appropriately reflect spectrum valuation changes.
53. Spectrum Credit. The 5/5 licensing process will account for
situations where an applicant for a 5/5 broadband license has already
returned more than six megahertz of spectrum to the Commission to
obtain a 3/3
[[Page 15897]]
broadband license. In the 3/3 900 MHz R&O, the Commission did not allow
an applicant to receive anti-windfall credits for excess spectrum
returned in exchange for a 3/3 broadband license. Since 2020, there
have been a limited number of cases where the applicant surrendered
more than six megahertz of narrowband spectrum to obtain a 3/3
broadband license. Anterix notes that the ``excess'' spectrum
surrendered in those cases was not FCC inventory spectrum and argues
that it therefore should be considered in calculating the windfall
payment for a 5/5 broadband license in that county. We are persuaded
that the provision of spectrum credit in limited circumstances, as
described below, would allow the Commission to account for any spectrum
that was relinquished in excess of the required six megahertz during
the 3/3 broadband application process and to thereby take this spectrum
into consideration when determining any anti-windfall payment to be
assessed on a 3/3 broadband applicant for a subsequent 5/5 broadband
license. We therefore conclude that it is in the public interest to
allow for those applicants to receive a spectrum credit. Such spectrum
credits will only be permitted in limited circumstances: the spectrum
credits may only be used by the licensee that originally relinquished
the spectrum and only during its application for a 5/5 broadband
license. An applicant must note the previously relinquished spectrum
during the 5/5 broadband application process for a given county, and
the information provided will be verified by Commission staff. Should
an applicant fail to include any potential spectrum credit during the
5/5 broadband application process for a given county, that applicant
will surrender its claim to the benefit and will not be owed any
payments in connection with the spectrum credit.
54. While we adopt the same basis for calculating the anti-windfall
payment for a 5/5 broadband license as previously established in the 3/
3 900 MHz R&O, we apply the updated spectrum valuation adjustment and
spectrum credit process adopted today. For purposes of the calculation,
we first determine the spectrum deficit, which is the difference
between the amount of spectrum, in kilohertz or megahertz, relinquished
by the broadband license applicant in the relevant county, inclusive of
spectrum credit(s), and the ten megahertz of spectrum required for a
900 MHz broadband license. Next, we calculate the dollars per MHz-pop
prices for the 600 MHz auction based on the final forward auction
prices for a generic ten megahertz license in each Partial Economic
Area. We then multiply the spectrum deficit by the 2020 county
population estimates and the calculated dollars per MHz-pop price of
600 MHz spectrum in the county to arrive at the anti-windfall payment
for that county.
55. As part of its application process with the Commission, a
broadband license applicant must make anti-windfall payments owed prior
to the grant of 900 MHz broadband license(s). Currently, the process to
determine and calculate anti-windfall payments is performed manually
and requires significant effort from Commission staff. In order to
alleviate administrative burdens, we direct the Bureau to automate the
process of calculating and collecting anti-windfall payments to the
extent possible. We further direct the Bureau to develop any processes
necessary to implement that automation. With respect to the collection
of the payment, we direct WTB to consult with the Office of the
Managing Director to ensure compliance with government-wide payment
processing rules.
56. We conclude that the Commission has broad spectrum management
and licensing authority to require a mandatory anti-windfall payment
for a 5/5 broadband transition, and that such measures are vital to the
Commission's statutory obligation to grant licenses in the public
interest. The Commission has repeatedly used this authority to impose
conditions on new licensees, including relocation payments, buildout
conditions, public safety obligations, and obligations to facilitate
the transition of incumbents using the spectrum at issue before
commencing operations. We also find that the anti-windfall payment is a
necessary component of our exercise of statutory responsibility to
grant an initial license under section 309 in accordance with the
public interest, convenience, and necessity. It will enable the
transition from narrowband to broadband licensing while ensuring that
participants are actively engaged in this transition to increase
efficient spectrum use and not merely acquiring more spectrum. No
commenter addressed the Commission's legal authority to impose an anti-
windfall payment.
C. Licensing and Operating Rules for 5/5 900 MHz Broadband Licenses
57. We designate the 896-901/935-940 MHz band as a Miscellaneous
Wireless Communications Service governed by part 27 of the Commission's
rules. The licensing and operating rules that apply to the 3/3
broadband licenses will also apply to the 5/5 broadband licenses. The
5/5 broadband segment will also be licensed geographically by county
for 15-year initial terms with 10-year renewal terms. Commenters
generally support this approach, which maintains simplicity and
consistency. As discussed in greater detail below, we adopt specific
performance provisions for 5/5 broadband licenses acquired in exchange
for a 3/3 broadband license.
1. License Area
58. We find it in the public interest, as proposed in the 5/5 900
MHz NPRM, to license all broadband operations in the 900 MHz band on a
geographic-area basis by county, defined using the United States Census
Bureau's data reflecting county legal boundaries and names valid
through January 1, 2017. As noted in the 3/3 900 MHz R&O and discussed
earlier in this Report and Order, we believe that licensing broadband
operations on a geographic-area basis by county will promote spectrum
efficiency, expedite deployment of flexible-use services, and provide
licensees with flexibility to quickly adjust and coordinate spectrum
usage. Further, in the 3/3 900 MHz R&O, the Commission concluded that
counties represent an appropriate geographic area for 3/3 broadband
licenses, and found that this would aid in fostering flexible and
innovative use of the 900 MHz band and provide a consistent, relatively
small license size appropriate for a wide range of possible network
deployments. We continue to believe that the smaller license areas will
stimulate investment, promote innovation, and encourage the efficient
use of spectrum in the 900 MHz band. By using the 2017 Census Bureau
boundaries for 5/5 broadband licenses, we maintain stability and
continuity in licensing the 900 MHz band, both by ensuring that all 3/3
broadband licenses granted either prior to today's actions or
subsequently will have the same landscape, and by ensuring that 5/5
broadband licensees seeking to provide service can build upon a 3/3
broadband base.
59. In response to the Petition, a commenter suggested that the
Commission issue 5/5 broadband licenses as site-based licenses. The
Commission sought comment on this proposal. No commenter expressed
support for issuing 5/5 broadband licenses as site-based licenses, but
rather continue to highlight the benefits of the geographic-based
approach used for 3/3 broadband licenses. As Anterix notes, 3/3
broadband licenses have
[[Page 15898]]
already been issued for a substantial number of counties and
introducing different geographic parameters would complicate the
license landscape. Licensing 3/3 broadband licenses on a county basis
while introducing site-based licenses for 5/5 broadband would add
confusion to operations. This would also limit the flexibility of a 5/5
broadband licensee by requiring it to obtain a new authorization for
each site of an operation, introducing operational challenges and
delaying the band transition. A geographic-area license allows a
broadband licensee to be responsive to the needs of its operation in
real time and set up a new site wherever additional support is needed
or redistribute resources as needs change.
60. The record supports the licensing of the 5/5 broadband segment
on a geographic-area basis by county. LCRA points out that the county
licensing scheme has successfully facilitated utilities' access to 900
MHz broadband licenses and effectively enables relocation of incumbent
users. In the 3/3 900 MHz R&O, the Commission recognized that the band
was subject to diverse uses and that the intensity of spectrum use
varied by geographic area; in that context, the Commission found that
this size best supported a negotiation-based transition. This is also
true for 5/5 broadband licenses. Over the course of the 3/3 transition,
we have found that the smaller geographic boundary is critical in the
voluntary transition, because it helps broadband proponents manage the
number of incumbents that a broadband licensee would need to relocate
at one time. Additionally, in the 3/3 900 MHz R&O, the Commission
concluded that a geographic license area was best suited for 3/3
broadband licenses and ensured that this transition was consistent with
our actions in other bands used to provide fixed and mobile services.
61. Based on this record and the success in the 3/3 transition, we
believe adoption of the same county-based geographic license areas for
3/3 and 5/5 broadband licenses is best, as it promotes cohesion in the
band. We find it critical that 5/5 broadband licensees are able to
avail themselves of the same benefits of county-based geographic
licenses as 3/3 broadband licensees. Our actions today will continue to
promote efficiency in this band.
2. License Term
62. Consistent with the proposals in the 5/5 900 MHz NPRM and with
the rules for 3/3 broadband licenses, the 5/5 broadband licenses will
generally have a 15-year initial term with subsequent 10-year license
renewal terms. Anterix and UTC concur that a 15-year term with 10-year
renewal terms is consistent with the Commission's rules for 3/3
broadband licenses and support the use of these license terms for 5/5
broadband licenses. We find that this 15-year initial license term is
in the public interest as this keeps a consistent approach among the 3/
3 and 5/5 900 MHz broadband licenses and accounts for the complexities
of this band and its transition as well. We believe that a 15-year
license term will continue the positive trend of investment in this
band as licensees have found this term to be long enough to build out a
service network. This is reflected in the scope for activity since the
3/3 900 MHz R&O. Anterix reports that there are currently at least
seven utilities deploying 900 MHz broadband networks across a multitude
of states and that more than 125 leading technology and service
providers are driving utility solutions. Our actions today seek to
build upon this type of success; keeping a consistent license and
renewal term across 3/3 and 5/5 broadband licenses is part of this
effort. Accordingly, we adopt the 15-year initial term with 10-year
renewal terms as proposed in the 5/5 900 MHz NPRM, subject to certain
adjustments.
3. Performance Requirements
63. Based on the record before us, we find it in the public
interest to adopt key components of the performance requirements that
we proposed in the 5/5 900 MHz NPRM. As the Commission has stated
previously, performance requirements promote the productive use of
spectrum, encourage licensees to provide service in a timely manner,
and promote the provision of innovative services and technologies in
unserved areas, particularly rural markets. We conclude that these
goals are generally served by the coverage benchmarks, timeframes,
broadband requirements, and penalties proposed in the 5/5 900 MHz NPRM,
which mirror those adopted in the 3/3 900 MHz R&O and take into account
the types of services that are likely to be deployed using this 900 MHz
spectrum. For 3/3 broadband licensees that exchange their licenses for
5/5 broadband licenses, however, we shorten the performance timeframes
in order to ensure that the spectrum is intensely and efficiently
utilized.
a. Coverage Benchmarks
64. Regarding the quantifiable benchmarks in each individual
license area, we find that it serves the public interest to adopt the
coverage benchmarks as proposed and as supported by the record. A 5/5
broadband licensee can meet the population coverage requirement by
providing reliable signal coverage and offering broadband service to at
least 45% of the population in the license area by the applicable
interim deadline (interim performance benchmark), and to at least 80%
of the population in the license area by the applicable final deadline
(final performance benchmark). As an alternative to the population
coverage requirement, a licensee can meet its coverage requirements by
providing reliable signal coverage and offering broadband service
covering at least 25% of the geographic license area by its applicable
interim deadline (interim performance benchmark), and at least 50% of
the geographic license area by its applicable final deadline (final
performance benchmark). After satisfying the final performance
benchmark, the 5/5 900 MHz broadband licensee will be required to
continue to provide reliable signal coverage and offer service at or
above that final benchmark level for the remaining years in the license
term.
65. Although the ``offering of broadband services'' does not
require a commercial offering to the general public, we decline to
permit a 5/5 broadband licensee to meet its coverage performance
requirements merely by demonstrating that it is using facilities to
further its private business needs, as requested by commenters, instead
of meeting the specific percentage targets. We find that it serves the
public interest to establish quantifiable metrics to help ensure that
the 5/5 broadband licenses are intensely and efficiently utilized. We
believe that adopting geographic metrics of 25% and 50% as an
alternative to the population coverage benchmarks accommodates use of
the spectrum for private business needs, as has been the case with the
identical benchmarks established for the 3/3 broadband licenses,
especially as the geographic size of each license--a single county--is
relatively small. As in the 3/3 900 MHz R&O, we find that adding the
substantial service option for 5/5 broadband licenses is unnecessary,
given the alternative option of geographic coverage where population
metrics are more difficult to meet. Accordingly, we adopt the
population and geographic coverage requirements proposed in the 5/5 900
MHz NPRM.
b. Timeframe and Deadlines for Meeting the Coverage Benchmarks and
Offering Broadband Service
66. In the 5/5 900 MHz NPRM, the Commission proposed to give 5/5
broadband licensees the same amount of
[[Page 15899]]
time for performance benchmarks as the rules provide to 3/3 broadband
licensees. Specifically, the Commission proposed six years to meet an
interim performance benchmark for a newly issued 5/5 broadband license,
and an additional six years to meet the final performance benchmark,
starting with the date of grant of the 5/5 broadband license.
Commenters support the proposed deadlines. We adopt these performance
benchmark deadlines as proposed for new 5/5 broadband licenses where
the licensee transitions the county from the legacy configuration. We
find that these deadlines are appropriate given that 5/5 broadband
licensees in markets not already transitioned to a 3/3 broadband
segment will need to undertake significant work, particularly with
respect to existing incumbents, to transition the band to the new
regulatory framework that we adopt today.
67. Where a 3/3 broadband licensee opts to expand to a 5/5
broadband license, however, we find that abbreviated performance
benchmark timeframes are more appropriate. The 5/5 900 MHz NPRM sought
comment on whether the proposals discussed above represent the
appropriate balance between license-term length and a significant final
performance benchmark, and it also recognized the need to include
appropriate incentives for current 3/3 broadband licensees that expand
their operations by applying for and receiving a 5/5 broadband license.
In this expansion scenario, application of the performance benchmark
deadlines outlined above would allow for unnecessarily drawn-out
buildout periods--as long as 24 years when adding the same timeframes
for the 5/5 transition to the timeframes for the 3/3 transition. We
anticipate that conversion from 3/3 broadband operations to 5/5
broadband operations in this band would not require significant
additional construction or equipment, but rather would primarily entail
retuning previously installed radio equipment. Anterix agrees ``that if
a party had already secured a 3 MHz x 3 MHz license under the existing
build out rules, an expansion to 5 MHz x 5 MHz should not trigger a new
12-year build out timeframe.'' It further indicates that a limited
additional performance benchmark deadline would still allow the
licensee ``to evolve [its] 3 MHz x 3 MHz network to support 5 MHz x 5
MHz.'' We therefore conclude that application of the above extended
performance benchmark timeline would not serve the public interest or
the Commission's objective to promote efficient and intense utilization
of spectrum in the 900 MHz band.
68. We are also concerned that, if we were to fail to acknowledge
potential incentives related to the 3/3 to 5/5 transition as we
consider performance obligation deadlines, a 3/3 broadband licensee
could exploit a potential loophole. In particular, the licensee could
opt not to deploy its 3/3 broadband network, thereby allowing its
spectrum to lie fallow and failing to meet its 3/3 interim performance
benchmark, and then exchange that inoperative 3/3 license for a 5/5
broadband license in order to gain 12 more years to deploy its
broadband network under a new set of deadlines. This set of actions
would be contrary to our intent in establishing the 3/3 broadband
licensing rules and thwarts the objectives of reconfiguring the 900 MHz
band for broadband service. Moreover, the Commission has repeatedly
emphasized the detriment to the public in allowing licensees to hoard
spectrum and allow it to lie fallow. We also note that an applicant may
not cancel its 3/3 broadband license solely in order to seek a new 5/5
broadband license (and lengthier construction deadlines) because, in
that case, it would not meet the 5/5 broadband license eligibility
requirement that an applicant must hold more than 50% of the total
amount of licensed 900 MHz spectrum for the relevant county.
69. LCRA asserts that ``the Commission should permit licensees that
expand from a 3/3 broadband license to a 5/5 broadband license to meet
their performance requirements under a consolidated deadline based on
the date the 5/5 broadband license is granted.'' We agree with LCRA to
the extent that we recognize the efficiency of a single consolidated
timeframe and set of deadlines for meeting the coverage benchmarks
under a 5/5 broadband license that is issued in exchange for the
existing 3/3 broadband license.
70. Specifically, where an applicant seeks a 5/5 broadband license
in the same county in which it is exchanging its 3/3 broadband license,
we will: (1) identify the remaining interim and/or final construction
deadlines and expiration date of the 3/3 broadband license; (2) where
the interim performance deadline for the 3/3 broadband license has not
occurred prior to the grant of the 5/5 broadband license, add two years
to that deadline and apply it to the 5/5 broadband license as the new
interim performance deadline; (3) where the interim performance
deadline for the 3/3 broadband license has passed but the final
performance deadline for that license has not yet occurred, add two
years to that final performance deadline and apply it to the 5/5
broadband license (there will be no 5/5 broadband license interim
performance deadline); and (4) where the final performance deadline for
the 3/3 broadband license has passed and the licensee timely met that
deadline, set the 5/5 broadband license final performance deadline as 2
years from the date of license grant. If a 3/3 broadband licensee
failed to meet its interim performance deadline, its final performance
deadline will have been accelerated by two years pursuant to the
penalty provisions adopted in the 3/3 900 MHz R&O. Accordingly, upon
issuing a new 5/5 broadband license to that licensee in the exchange
scenario, two years will be added to the accelerated 3/3 final
performance deadline, not the original 3/3 final performance deadline.
We do not impose an additional interim performance requirement for a 5/
5 broadband licensee where the 3/3 interim performance deadline has
already been met because in such cases, the licensee has already made
progress toward the final benchmark, and imposing an additional interim
deadline would be unnecessarily burdensome. The performance requirement
deadlines we establish today will encourage licensees to provide
service in a timely manner and help to ensure intensive spectrum
utilization.
------------------------------------------------------------------------
5/5 Interim
Exchange occurs deadline 5/5 Final deadline
------------------------------------------------------------------------
Before 3/3 interim deadline..... 3/3 interim 3/3 final deadline
deadline + 2 + 2 years.
years.
Between 3/3 interim and final None.............. 3/3 final deadline
deadlines. + 2 years.
After final deadline............ None.............. 5/5 grant date + 2
years.
------------------------------------------------------------------------
[[Page 15900]]
71. We also note that the license term for the new 5/5 broadband
license in an exchange scenario is affected by the 3/3 broadband
licensee's buildout progress. Specifically, if the 3/3 broadband
licensee's term was reduced to 13 years pursuant to the applicable
penalty provisions adopted in the 3/3 900 MHz R&O, we will issue the
new 5/5 broadband license for an initial 13-year term; otherwise we
will issue it for an initial 15-year term.
c. Broadband Requirement and Broadband Safe Harbor
72. The performance requirements we are establishing today for 5/5
broadband licenses are two-fold, including both a coverage requirement
and the offering of broadband services. The 5/5 broadband licensees
will be required to demonstrate in their construction notifications
that they are deploying broadband technologies and offering broadband
services in order to satisfy the population or geographic coverage
performance requirements we establish today. We reiterate our finding
that it serves the public interest to promote increased broadband
operations as a key component of the 900 MHz band.
73. We also find that it serves the public interest to allow every
5/5 broadband licensee to determine the specific broadband technology
that will best accommodate its particular use of the spectrum. We do,
however, establish a safe harbor for ``broadband service'' as proposed
in the NPRM. Under this safe harbor, the Commission would find that a
5/5 broadband licensee has satisfied the requirement to offer broadband
service if, at a minimum, it provides 5/5 LTE service, based on the
3GPP standard release 8.0. An LTE network based on a later 3GPP
standard release offering more advanced services may also be deployed.
We note that these minimum features are consistent with the minimum
features previously adopted for the safe harbor for the 3/3 license
performance requirements, and that they are related to the
characteristics of this band and the anticipated uses. With the safe
harbor for meeting the broadband service performance requirement, we do
not intend to thwart technological improvements, and a 5/5 900 MHz
broadband licensee is free to submit for Commission review an
alternative methodology to demonstrate that it has met the broadband
service component of the performance requirement. We agree with
commenters that, while LTE networks can benefit the likely customer
base of utilities and other part 90 users, it is beneficial to permit
showings that alternative technologies can meet the broadband service
component of the performance requirement. We also recognize, as
commenters have noted, that utilities and other enterprise licensees
may use their 900 MHz band licenses to offer broadband service for
private business and not broadly to the public.
d. Penalties
74. We find that it serves the public interest to adopt the
penalties proposed in the 5/5 900 MHz NPRM. If a 5/5 broadband licensee
fails to meet its applicable interim performance benchmark, its final
benchmark deadline will be accelerated by two years, and its license
term will be reduced by two years. If a 5/5 broadband licensee fails to
meet the final performance benchmark, even if it met its applicable
interim performance benchmark, its authorization for that license area
will terminate automatically without Commission action and that
licensee will be ineligible to acquire it again. Further, if a license
terminates for failure to satisfy the final performance benchmark, the
spectrum will become available for assignment subject to the
eligibility requirements we adopt today, or any subsequent license
issuance or competitive bidding rules that we may adopt. No commenter
addressed the appropriate penalties for failing to meet the performance
requirements. Our approach here is consistent with the Commission's
rules for other broadband services. We also remind prospective 5/5
broadband licensees that if they rely on a lessee to meet the
performance requirements we adopt today, and the lessee fails to
fulfill such requirements, we will enforce the performance requirements
failure against the licensee.
e. Narrowband Operations
75. The Commission sought comment on whether narrowband licensees
in the 900 MHz band should be required to satisfy more stringent
performance requirements than required under the existing rules,
whether or not those licensees ultimately agree to relocate their
facilities. The Commission also invited commenters to discuss the state
of current narrowband utilization, any ongoing or future investment in
narrowband operations, and whether certain narrowband licensees have
satisfied their promises to utilize the band more intensively. AAR
notes that ``[r]ailroads use the 900 MHz band to support new safety
applications including increased regulatory signaling obligations and
recommendations established by the Federal Railroad Administration
(FRA) and the [National Transportation Safety Board], respectively.''
The Commission queried which modified performance requirements, if any,
would best achieve the Commission's objectives to put otherwise fallow
spectrum to more intensive use in the 900 MHz band. No comments address
these issues. At this time, the Commission does not make changes to the
existing performance requirements governing the 900 MHz narrowband
licenses.
4. Renewal Term Obligations
76. We will not adopt additional renewal requirements outside of
those already in place in Sec. 1.949 of our rules. In order to warrant
renewal, a 5/5 broadband licensee must provide service over the license
term. Licensees may meet a renewal ``safe harbor'' (continuing to serve
at or above the level required by the final construction requirement),
or make an individualized renewal showing. We expect that 3/3 and 5/5
broadband licensees will continue to provide broadband service in their
renewal terms. Individualized renewal showings for non-broadband
service will face a high burden of demonstrating that such service is
in the public interest.
5. Mobile Spectrum Holdings Policies
77. In the 3/3 900 MHz R&O, the Commission declined to include the
3/3 broadband segment in the Commission's spectrum aggregation screen.
In doing so, the Commission noted the relatively small amount of
broadband spectrum at issue, compared to other flexible-use broadband
services that the Commission had designated in the past. The Commission
also observed that use of the 3/3 broadband segment was ``likely to be
focused on business, enterprise, and government customers whose needs
are not being met by the consumer-driven, wireless service offerings.''
In the 5/5 900 MHz NPRM, the Commission sought comment on whether any
new basis exists to revisit the determination in the 3/3 900 MHz R&O if
the Commission adopts rules to enable 5/5 broadband. No commenter
raised any concerns with following the Commission's approach from the
3/3 900 MHz R&O. Consistent with the Commission's approach for the 3/3
900 MHz spectrum, 5/5 broadband licenses are not included in the
Commission's spectrum aggregation screen.
D. Technical Rules
78. The Commission applies the part 27 technical rules for 5/5
broadband licenses and continues to apply our part 90 rules to the 900
MHz narrowband
[[Page 15901]]
licenses at 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz in the
3/3 configuration counties that do not transition to a 5/5 broadband
configuration. We will also continue to apply part 90 rules to the
entire band for counties that remain in a legacy configuration. We make
minimal adjustments discussed further herein. The Commission first
applied these rules to the 900 MHz broadband segment in the 3/3 900 MHz
R&O, where the Commission recognized that our part 27 rules would
prevent harmful interference and the existing part 90 rules would
provide sufficient protection for narrowband licensees in the 900 MHz
band. Our part 27 technical rules have functioned effectively in the 3/
3 broadband context. As Anterix highlights, 900 MHz broadband has
proven to be a good neighbor to in-band narrowband systems and these
operations that have been found useful in an environment where
dissimilar systems in adjacent bands are in play. UTC notes that the
proposed technical rules will effectively prevent harmful interference
between users of the band as well as users of adjacent bands and that,
while the narrowband segments will not function as a guard band, there
are a variety of other mitigating factors.
79. A few commenters raise concerns regarding application of the
part 27 rules in a 5/5 broadband context. We are not persuaded that use
of the part 27 rules presents an issue in the 5/5 broadband context. In
particular, and as noted by UTC and SDG&E, existing interference
protocols and mitigation options should operate to address harmful
interference concerns.
1. Broadband Rules
80. Transmitter power limits. We find it in the public interest to
apply the same effective radiated power limits to 3/3 and 5/5 broadband
licenses. As discussed in the 5/5 900 MHz NPRM, the Commission provides
in Sec. 27.1507 of our rules an effective radiated power for base and
repeater stations in the 900 MHz 3/3 broadband segment not to exceed
400 watts/megahertz power spectral density (PSD) in non-rural areas and
800 watts/megahertz PSD in rural areas, with maximum permissible power
decreasing as the antenna height above average terrain (HAAT) rises
above 304 meters. In the past, the Commission allowed additional
flexibility to 3/3 900 MHz broadband licensees who have sought to
operate at higher powers, as long as they sufficiently mitigate the
risk of harmful interference. In doing so, the Commission also adopted
rules permitting an effective radiated power for mobile, control, and
auxiliary test stations in the broadband segment not to exceed 10
watts, and effective radiated power of portables not to exceed 3 watts.
Nokia supports the proposal, stating that it will ``allow utility
companies to utilize similar coverage to the current 3 MHz broadband
deployment.'' Based on this record of success in the 3/3 broadband
segment, we will extend the same rules to 5/5 broadband licenses.
81. Out-of-band emission (OOBE) limits. The 5/5 broadband technical
rules provide that the spectrum immediately outside a 900 MHz broadband
licensee's frequency band of operation must be attenuated by at least
43 + 10 log (P) dB for uplink operations in the 897.5-900.5 MHz band
and by at least 50 + 10 log (P) dB for downlink operations in the
936.5-939.5 MHz band. We believe that applying this limit to the 5/5
broadband licensees will continue to provide the appropriate
protections to 900 MHz band neighbors. Most commenters support this
outcome although commercial air-to-ground (ATG) communications users in
neighboring bands raise concerns.
82. We agree with the majority of commenters that the 3/3 OOBE
limits are appropriate and provide necessary interference protections
from 5/5 broadband operations to adjacent band users. In maintaining
the same limit, we take into account that there has already been
equipment deployed by 3/3 broadband users. Anterix, Ericsson, LCRA,
UBBA, and Nokia all strongly support maintaining the same OOBE limit
for 5/5 broadband licenses. LCRA believes that the current technical
rules should be maintained for expanded 5/5 broadband operations and
are ``sufficient to protect adjacent band users'' as these companies,
with their extensive experience ``confirm that the proposed technical
rules will ensure adjacent services are protected from harmful
interference, while enabling utilities to expand in a cost-efficient
manner.''
83. Nokia identifies two key considerations that the OOBE limit
should address: this limit must factor in prior investment on the part
of users of this band and ensure that adjacent services are protected
from inference. In maintaining the same limit, we take into account
that there has already been equipment deployed by 3/3 broadband users.
To provide as much stability as we can to the 5/5 transition, we find
it best to maintain the same rules and expectations where we can so the
licensees can continue to rely on aspects of the transition that are
working in the best interest of all parties involved. Additionally, we
are not persuaded that this OOBE limit would result in harmful
interference to operations outside of this band; we find that this
limit also continues to protect out of band operations.
84. Ericsson also highlights the importance of maintaining the same
OOBE limit, stating that it will result in a ``consistent regulatory
environment that supports innovation and growth'' while providing on
balance, an environment that ``safeguards the interest of all spectrum
users.'' This will also allow for ``seamless integration of services''
between 3/3 and 5/5 broadband. We agree that maintaining the same OOBE
limit in both the 3/3 and 5/5 broadband contexts provides
predictability to licensees while enabling them to expand their
broadband operations.
85. However, Gogo suggests that the Commission should require a 5/5
broadband licensee's OOBE limit to be attenuated by at least 50 + 10
log (P) dB, rather than the current OOBE limit of at least 43 + 10 log
(P) dB. Gogo is concerned that the absence of a guard band ``creates a
risk of [OOBE] causing harmful interference to Gogo's operations,
reducing the overall spectral efficiency of Gogo's ATG system or
disrupting it entirely.'' In addition, Gogo suggests that the
Commission should consider amending Sec. 27.1509(c) of our rules to
eliminate the -26 dB exception with respect to expanded 900 MHz
operations at or below 896 MHz.
86. In the alternative, Gogo suggests several requirements for 5/5
broadband licensees, including requiring coordination within five miles
of a Gogo site, requiring lab and real-world testing, establishing a
legal and financial duty on the part of each broadband licensee to
prevent and remediate harmful interference, affirming that 5/5
broadband licensees can negotiate private coexistence agreements, and,
finally, designating a single 24/7 contact number for reporting harmful
interference from all licensees.
87. MSI suggests that the Commission ``should propose an [OOBE]
limit no greater than -23 dBm/MHz in the band immediately adjacent to
the broadband allocation[s],'' which MSI also suggested before adoption
of the 3/3 900 MHz R&O. Similar to the Commission's discussion in 3/3
900 MHz R&O, we find MSI's suggestion to be overly conservative for 5/5
900 MHz broadband operations and find that the proposed OOBE limit may
restrict 5/5 broadband deployment in certain areas. Additionally, as
UBBA notes, MSI has
[[Page 15902]]
presented no evidence to revisit this determination in the 5/5 context.
88. In the 3/3 900 MHz R&O, the Commission retained the authority
to impose operational restrictions or tighter OOBE limits if necessary
to resolve harmful interference. We retain the same authority here. As
a matter of course, we expect 5/5 broadband licensees to engage in
coordination efforts with the adjacent band users to identify
additional measures needed to promote co-existence. We believe that
licensees in each band are best situated to determine which methods of
interference avoidance and mitigation are appropriate for each site. We
expect that licensees will take steps such as carefully selecting
transmitter locations, adjusting transmitter and antenna parameters,
and controlling power levels. Additionally, licensees are in the best
position to reach private and working agreements that reflect the real-
time needs of both sets of operations. For example, a 3/3 or 5/5
broadband licensee could contractually agree to a more stringent OOBE,
or could agree to an enhanced coordination regime.
89. Finally, Commission rules require all licensees to use
frequencies far enough away from the band edges so as not to cause
harmful interference to services in the immediately adjoining frequency
bands. In order to comply with our rules, any 900 MHz broadband
licensee would be required to select frequencies that would result in
the attenuation necessary to prevent harmful interference to the
adjacent band. This should address the concerns raised by Gogo and
other band neighbors. However, in the event that harmful interference
occurs, we expect the licensees will take appropriate steps to resolve
it first through bilateral negotiation, then by notifying the
Commission.
90. Interference protections and resolution. We find it in the
public interest to maintain the current interference protections and
resolution requirements for 3/3 broadband licensees and apply the same
requirements to 5/5 broadband licensees. Both 3/3 and 5/5 900 MHz
broadband licensees will be required to comply with Sec. Sec. 27.1510
and 90.672 of the Commission's rules regarding unacceptable
interference and resolution requirements. In addition, co-channel
broadband systems must comply with existing 900 MHz co-channel
separation requirements, which require that co-channel systems
generally comply with a minimum spacing criteria of at least 113
kilometers (70 miles) separation distance between base stations.
91. Several commenters suggest that we consider a smaller spacing
of 40 miles. However, no commenter gave details on purported negative
effects of the 70-mile zone on broadband operations. Additionally, no
technical basis has been provided as to why a 30-mile reduction is
appropriate for both 3/3 and 5/5 broadband licensees. The current 70-
mile buffer has operated to protect narrowband users from 3/3 broadband
licensees for the past five years and we have not received any formal
complaints that this requirement is hindering operations. In the 3/3
900 MHz R&O, the Commission found that this co-channel separation
distance standard is sufficient to protect site-based narrowband
operations from 3/3 broadband operations. We maintain the 70-mile/113-
kilometer base station separation requirement for 3/3 and 5/5 broadband
licenses.
92. Currently, 3/3 broadband licensees are also required to prevent
harmful interference to narrowband operations and to resolve any
unacceptable interference in the shortest time practicable. In the 5/5
900 MHz NPRM, the Commission sought comment on Gogo's proposal that
there be a mandatory coordination and remediation process to prevent
and resolve harmful interference that would include pre-deployment
coordination and testing and a single point of contact for all 5/5
broadband licensees, among other requirements, to prevent harmful
interference that should be implemented by Commission rules or license
conditions and supported by private agreements. In its most recent ex
partes, Gogo again asks the Commission to require pre-coordination and
other prophylactic measures from 5/5 licensees. While our stringent
OOBE limits obviate the need for formal coordination procedures, we
reiterate our expectation that 5/5 licensees and Gogo will engage in
good faith to ensure spectral coexistence.
93. UBBA highlights that the Commission rejected similar proposals
from Gogo in the 3/3 900 MHz R&O, where the Commission noted the
expectation for ``900 MHz broadband licensees and adjacent band
licensees to work together to resolve any interference issues.'' This
remains true today. Licensees still have a robust set of options to
mitigate harmful interference to adjacent band operations, and we
expect those tools to be used by both 3/3 and 5/5 broadband licensees
alike.
94. Field strength limit. The Commission establishes a median field
strength limit not to exceed 40 dB[micro]V/m at any given point along
the geographic license boundary in the broadband segment, unless the
affected licensee agrees to a different field strength limit.
95. Canada/Mexico border operations. All 900 MHz licensees seeking
to operate in border regions remain subject to the United States'
agreements and arrangements with Canada and Mexico. These include, as
applicable, limitations on channel usage, as 900 MHz channels are
divided between countries on a primary and secondary basis, and it is
likely that a 3/3 or 5/5 900 MHz broadband license in the border area
would be operating on both U.S. primary channels and channels that are
secondary to Mexican and/or Canadian operations. Additionally, a 3/3 or
5/5 900 MHz broadband licensee is subject to current power
restrictions, which for primary licensees vary based on antenna height,
and for secondary licensees include more restrictive power flux density
limits. All broadband licensees in the 900 MHz band are also subject to
any international agreements governing border-area operations.
2. Narrowband Rules
96. We find that existing part 90 rules governing narrowband
operations in the 900 MHz band for the legacy and 3/3 configurations
are appropriate to ensure co-existence in neighboring counties with 5/5
broadband licensees, with one clarifying provision discussed in further
detail below. In the 5/5 900 MHz NPRM, the Commission sought feedback
on whether changes to the existing part 90 technical and operational
rules are necessary or desirable to support continued 900 MHz
narrowband operations. No commenter suggested specific changes to part
90 rules to better accommodate a 5/5 broadband licensee. AAR suggests
that we should maintain our part 90 technical rules in order to best
protect narrowband incumbents and we should not change our technical
rules unless and until all narrowband incumbents have been completely
cleared from the 5/5 broadband segment. We agree; the part 90 rules
currently provide protection to narrowband incumbents where 3/3
broadband operations are in effect and we see no compelling reason to
adjust these technical rules at this time.
97. Existing rules establish mechanisms for preventing interference
to licensed broadband systems from new or modified narrowband
operations. In this regard, the Commission's existing co-channel
separation requirements for narrowband systems, as set forth in Sec.
90.621(b)(4) of the Commission's rules, provide adequate protection to
3/3 and 5/5 broadband systems. To provide added
[[Page 15903]]
certainty of such protection, we find that it serves the public
interest to adopt a new provision to our rules--Sec. 90.621(b)(8).
This provision clarifies that existing narrowband licensees in the band
will not be prohibited from modifying their systems to meet evolving
needs, and that narrowband licensees will not be prohibited from
entering the band in the future when the freeze is lifted, as long as
they comply with specified requirements of our rules to protect
broadband licensees already operating. When applying these co-channel
separation rules, the proposed narrowband system must calculate and
apply the required separation and contour protections from the edge of
the co-channel broadband licensee's market boundary.
99. Space Data suggests a wholesale re-banding to move 900 MHz up
to a higher frequency to allow for more space between a 5/5 broadband
licensee and the adjacent band users. However, UBBA argues that this is
outside of the scope of the 5/5 900 MHz NPRM's proposals, and we agree.
E. 900 MHz Licensing Freeze
100. Today, we find that a 900 MHz licensing freeze should not
remain in place indefinitely and we direct the Bureau to consider
lifting the freeze at appropriate points in the future. The Commission
establishes a timeframe to guide the Bureau toward eventually opening
the band for unrestricted licensing, as follows: (1) from now until six
months from the date of publication of this item in the Federal
Register, the licensing freeze will remain in place; (2) beginning six
months from the date of publication of this item in the Federal
Register, the Bureau may consider partially lifting the freeze to allow
expansion of incumbent systems; and (3) three years from the date of
publication of this item in the Federal Register, the Bureau may
reconsider lifting the freeze in its entirety.
101. The Bureau has long maintained a licensing freeze on the
acceptance of applications for new or expanded 900 MHz operations,
which was established to maintain a stable spectral landscape while the
Commission determined how to proceed with respect to the 900 MHz band.
Once the 3/3 900 MHz R&O was issued, the licensing freeze gave 3/3
broadband proponents the ability to negotiate toward broadband
deployment without new entrants complicating the negotiations (and the
freeze protected broadband proponents from potential speculating
behavior by bad actors). Yet, at the same time, complex systems and
other narrowband incumbents have been severely limited in their ability
to expand or improve systems for legitimate business needs.
102. While the licensing freeze has served its purpose in
facilitating the 3/3 broadband transition in the 900 MHz band, we do
not believe that it is in the public interest to maintain such a freeze
indefinitely. We intend that our delegation to the Bureau for a partial
freeze lift will be limited in scope: it should consider the expansion
of existing narrowband systems in terms of spectrum or geography,
including complex system expansion.
103. We delegate authority to the Bureau to issue any appropriate
public notice with details about a potential lift of the licensing
freeze including the exact dates, eligibility requirements, and any
other relevant information. The Commission also directs the Bureau, if
necessary, to reinstate the freeze in any form required to achieve the
Commission's goals of an efficient and smooth transition.
F. Other Issues
1. 3GPP Alignment
104. The 5/5 900 MHz NPRM sought comment on whether there is a
specific 3GPP standard that should apply to reduce the risk of harmful
interference, either in band or to adjacent band users. Gogo suggests
that the Commission should harmonize with 3GPP standards, specifically
mentioning that specification (3GPP 36.101 Table 6.6.2.1.1-1) for a 5/5
broadband allocation ``is slightly stricter than the FCC requirement
and does not include the FCC's -26dB exception at band edge.'' For the
reasons discussed above in the OOBE section, we decline to adopt Gogo's
suggestion. We apply the same standard to 3/3 and 5/5 broadband
operations.
2. 220 MHz Delegation of Authority
105. As discussed above, on a practical level, the nationwide
ribbon license held by the railroads at 896-896.125/935-935.125 MHz (in
the lower portion of the first narrowband segment of the 3/3
configuration) presents a significant challenge to widespread
deployment of 5/5 broadband in the 900 MHz band. One potential solution
suggested by AAR would be for the railroads to move from the 900 MHz
band to the 220 MHz band (conditioned on several factors). We recognize
that a relocation of the railroads from 900 MHz to 220 MHz under the
rules adopted herein and pursuant the conditions desired by the
railroads can be accomplished through (a) private, voluntary agreements
involving multiple parties including the railroads, 900 MHz broadband
proponents such as Anterix, and 220 MHz incumbents, and (b) access to
licenses currently in the FCC's spectrum inventory. In order to
facilitate this potential solution, we delegate authority to WTB to
address potential waiver requests seeking access to 220 MHz FCC
inventory spectrum (including but not limited to requests involving
transactions, new or modified licenses, administrative license changes,
extended license terms, and extended terms of discontinuance of
service). We expect that the Bureau would rule favorably on such
requests to the extent they: (1) facilitate the transition of railroad
operations from the 900 MHz to 220 MHz band, (2) facilitate access to
220 MHz inventory spectrum for railroads or other 220 MHz incumbents,
and (3) include an anti-windfall payment in cases where there is a net
reduction of FCC inventory spectrum. This delegation of authority to
WTB is intended to expedite and streamline consideration of such 220
MHz waiver requests in order to promote broadband access while ensuring
rail safety.
3. Complex Systems Definition
106. Several commenters raise issues related to ``complex
systems,'' which are systems excluded from mandatory relocation under
the process provided for the 3/3 transition. Because the 5/5 broadband
process does not include mandatory transition of holdouts from the 896-
897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz portions of the band
(the narrowband segments in the 3/3 configuration), we do not need to
adopt a similar exemption for the rules governing 5/5 broadband. EEI
and NextEra Energy, Inc. (NextEra) both request that the Commission add
additional clarity to the Sec. 27.1501 definition of complex systems,
which currently reads: ``A covered incumbent's system that consists of
45 or more functionally integrated sites.'' The Commission explained
that this designation would be effective as of the adoption date of the
3/3 900 MHz R&O. Essentially, commenters request that the date be added
to the definition so that those users who qualified as complex systems
as of the date of the 3/3 900 MHz R&O can retain that status going
forward. No commenter opposed the definitional adjustment. We conclude
that it is in the public interest to add this clarification to the
definition to provide assurance for complex systems to adjust and
streamline their operations without fear that these improvements could
bring the possibility of mandatory transition. The new definition of
``complex systems'' will read: ``A covered incumbent's system that
[[Page 15904]]
consists of 45 or more functionally integrated sites as of May 13,
2020.''
IV. Procedural Matters
107. Regulatory Flexibility Act. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in this Report and Order on small entities. The FRFA
is set forth in Appendix B.
108. Paperwork Reduction Act. This Report and Order may contain new
or substantively modified information collection requirements subject
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. All
such requirements will be submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the
general public, and other federal agencies will be invited to comment
on any new or modified information collection requirements contained in
this proceeding. In addition, we note that pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we previously sought specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees.
109. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
OMB concurs, that this rule is ``non-major'' under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Report and Order to Congress and the Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
V. Final Regulatory Flexibility Analysis
110. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission)
incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the
Review of the Commission's Rules Governing the 896-901/935-940 MHz Band
(Notice) released in January 2025. The Commission sought written public
comment on the proposals in the Notice, including comment on the IRFA.
No comments were filed addressing the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA and it (or summaries
thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Report and Order
111. In the Report and Order, the Commission adopts rules providing
for the realignment of the 896-901/935-940 MHz band (900 MHz band) to
enable broadband use for the entire ten megahertz of the 900 MHz band.
The rules we adopt today allow for certain existing 900 MHz licensees
to transition to a 5/5 broadband license. The revised 900 MHz
regulatory framework also maintains previous configurations of the 900
MHz band, allowing continued operations by legacy Specialized Mobile
Radio (SMR), land mobile radio, and other narrowband licensees, as well
as 3/3 broadband licensees. The Report and Order builds upon the
Commission's previous efforts to realign the band to provide for the
deployment of broadband services and technologies. We update the
existing 900 MHz broadband licensing framework to facilitate a
voluntary, market-driven transition and to allow 900 MHz users the
opportunity to increase their capacity for more advanced and robust
broadband communications networks. This ten-megahertz broadband
spectrum opportunity will enable innovation and help ensure that
utilities, critical infrastructure, and small and other business
enterprise entities have access to additional broadband capacity to
support ongoing 900 MHz private wireless broadband deployments.
112. In addition, the Report and Order provides a pathway to a ten
megahertz broadband option in the 900 MHz band. Under the rules we
adopt today, the 900 MHz spectrum can be used on a county basis in any
of the following three configurations: (1) a ``legacy'' configuration
with twenty wideband channels interleaved with 200 narrowband channels;
(2) one six-megahertz broadband segment consisting of two paired three-
megahertz channels and two narrowband segments with a total of 159
narrowband channels; or (3) ten megahertz of broadband consisting of
two paired five-megahertz channels and no reserved narrowband channels.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
113. No comments were filed addressing the impact of the proposed
rules on small entities.
C. Response to Comments by the Chief Counsel for the Small Business
Administration Office of Advocacy
114. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for the Small Business Administration (SBA) Office of
Advocacy, and also provide a detailed statement of any change made to
the proposed rules as a result of those comments. The Chief Counsel did
not file any comments in response to the proposed rules in this
proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
115. The RFA directs agencies to provide a description of, and
where feasible, an estimate of the number of small entities that may be
affected by the adopted rules. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA. The SBA
establishes small business size standards that agencies are required to
use when promulgating regulations relating to small businesses;
agencies may establish alternative size standards for use in such
programs, but must consult and obtain approval from SBA before doing
so.
116. Our actions, over time, may affect small entities that are not
easily categorized at present. We therefore describe three broad groups
of small entities that could be directly affected by our actions. In
general, a small business is an independent business having fewer than
500 employees. These types of small businesses represent 99.9% of all
businesses in the United States, which translates to 34.75 million
businesses. Next, ``small organizations'' are not-for-profit
enterprises that are independently owned and operated and are not
dominant in their field. While we do not have data regarding the number
of non-profits that meet that criteria, over 99 percent of nonprofits
have fewer than 500 employees. Finally, ``small governmental
jurisdictions'' are defined as cities, counties, towns, townships,
villages, school districts, or special districts with populations of
less
[[Page 15905]]
than fifty thousand. Based on the 2022 U.S. Census of Governments data,
we estimate that at least 48,724 out of 90,835 local government
jurisdictions have a population of less than 50,000.
117. The rules adopted in the Report and Order will apply to small
entities in the industries identified in the chart below by their six-
digit North American Industry Classification System (NAICS) codes and
corresponding SBA size standard. Based on currently available U.S.
Census data regarding the estimated number of small firms in the
identified industry, we conclude that the adopted rules will impact a
substantial number of small entities. Where available, we provide
additional information regarding the number of potentially affected
entities in the identified industries below.
Table 1--2022 U.S. Census Bureau Data by NAICS Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
SBA size
Regulated industry (footnotes specify potentially affected NAICS code standard Total firms Total small % Small firms
entities within a regulated industry where applicable) (employees) firms
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wireless Telecommunications Carriers (except Satellite)............ 517112 1,500 1,184 1,081 91.30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Telecommunications Service Provider Data
----------------------------------------------------------------------------------------------------------------
2024 Universal service monitoring report SBA size standard (1,500 employees)
telecommunications service provider data (data as of ---------------------------------------------------------
December 2023)
------------------------------------------------------- Total number FCC Small firms % Small entities
Affected entity Form 499A filers
----------------------------------------------------------------------------------------------------------------
Wireless Telecommunications Carriers (except 585 498 85.13
Satellite)...........................................
----------------------------------------------------------------------------------------------------------------
E. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
118. The RFA directs agencies to describe the economic impact of
adopted rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
119. The adopted rule changes are likely to require small entities
to hire attorneys, engineers, consultants, or other professionals in
order to meet compliance obligations in the Report and Order. The
Commission, however, cannot quantify the cost of compliance with these
rule changes. We note, however, that several of the rule changes are
consistent with and mirror existing policies for 3/3 900 MHz broadband
licensees and requirements used in similar spectrum bands. Therefore,
small entities with existing licenses may already be familiar with such
policies and requirements and may have processes and procedures already
in place to facilitate compliance, thereby resulting in minimal
incremental costs to comply with the Report and Order. The following
discussion summarizes the compliance requirements for small and other
entities that are adopted in the Report and Order.
120. Application Freeze. The Report and Order establishes a
framework to guide the Wireless Telecommunications Bureau (Bureau)
towards eventually opening the band for unrestricted licensing, as
follows: (1) from now until six months from the date of publication of
this item in the Federal Register, the licensing freeze will remain in
place; (2) beginning six months from the date of publication of this
item in the Federal Register, the Bureau may consider beginning to
accept applications that expand incumbent systems (including complex
systems); and (3) in three years from the date of publication of this
item in the Federal Register, the Bureau may reconsider lifting the
freeze in its entirety.
121. Eligibility and Applications. The Report and Order models the
eligibility requirements already established for a 3/3 broadband
license and applies similar application requirements to obtain a 5/5
broadband license. An applicant must submit both an Eligibility
Certification and a Transition Plan. The Eligibility Certification must
include, at a minimum, a showing that: (1) the applicant holds the
licenses for more than 50% of the total amount of licensed 900 MHz
spectrum for the relevant county; (2) as it pertains to the 3/3
broadband segment (897.5-900.5/936.5-939.5 MHz), the prospective
licensee either: (a) holds a 3/3 broadband license in the relevant
county; or (b) itself holds, or has reached an agreement to clear
through acquisition, cancellation, or relocation, or demonstrated how
it will provide harmful interference protection to 90% or more of site-
channels held by covered incumbents collectively holding licenses in
the 3/3 broadband segment, in the county and within 70 miles of the
county boundary, and holding geographically licensed channels where the
license area completely or partially overlaps the county; and (3) the
applicant itself holds, or has either reached an agreement to clear
through acquisition, cancellation, or relocation, or demonstrates how
it will provide harmful interference protection to, all covered
incumbent licensees collectively holding licenses in the narrowband
segment in the county and within 70 miles of the county boundary and
holding geographically licensed channels where the license area
completely or partially overlaps the county.
122. A 5/5 broadband applicant can rely on either its 3/3 broadband
license or its 900 MHz SMR and B/ILT spectrum to meet the 50% threshold
in the relevant county. This is one of the key differences in
eligibility between the 5/5 and 3/3 900 MHz broadband requirements. We
believe that allowing the 5/5 broadband applicant to meet this specific
eligibility requirement by holding a 3/3 broadband license would not
only show that the 50% threshold is met in a relevant county but also
ensures that an existing 3/3 broadband licensee may expand its
broadband operations if it otherwise meets the eligibility criteria.
However, we do not require a two-step process whereby a prospective 5/5
broadband applicant would first be required to hold or obtain a 3/3
broadband license.
123. An application for a 5/5 broadband license also must include a
Transition Plan. Transition Plans must describe in detail all
information and
[[Page 15906]]
actions necessary to accomplish the realignment to 5/5 broadband, as
follows: (1) a description of the agreements reached with covered 5/5
incumbents and the applications that the parties to the agreements will
file for spectrum in the broadband and/or narrowband segments, as
applicable, in order to relocate licensees; (2)(a) a description of how
the applicant will provide harmful interference protection to, and/or
clear through license cancellation, relocation, or acquisition of
spectrum held by covered incumbents collectively holding licenses for
at least 90% of site-channels in the 3/3 broadband segment and 100% of
site-channels in the narrowband segment, as applicable, in the county
and within 70 miles of the county boundary, and for geographically
licensed channels where the license area completely or partially
overlaps the county, and/or (b) evidence that it holds licenses for the
site-channels and/or geographically licensed channels; (3) any rule
waivers or other actions necessary to implement an agreement with a
covered incumbent; and (4) such additional information as may be
required for the Commission to determine whether grant of the
application is in the public interest.
124. To demonstrate that the 5/5 broadband applicant is able to
effectuate the proposed transition and deploy broadband operations,
while adequately protecting covered 5/5 incumbents, it must include in
its Transition Plan a certification from an FCC-certified frequency
coordinator that the Transition Plan's representations can be
implemented consistent with Commission rules. Finally, to increase
administrative efficiency and reduce burdens, we allow a 5/5 900 MHz
broadband applicant seeking to transition multiple counties
simultaneously to file a single Transition Plan that covers all of its
county-based applications. We believe this process will simplify the
overall transition and filing requirements.
125. The Report and Order directs the Bureau to open the 900 MHz
band for 5/5 broadband by issuing a public notice announcing the date
that the Bureau will begin accepting applications consistent with the
eligibility and application requirements adopted herein. Consistent
with part 1 of the Commission's rules, an application for a 900 MHz
broadband license would be placed on public notice for 30 days, during
which time interested parties may file petitions to deny. After review
of the required filings, if the Bureau finds that the applicant has
satisfied the 5/5 broadband license eligibility requirements and that
granting of the application is otherwise in the public interest, it
would grant the application and issue a 5/5 broadband license. The
timeline for complying with the applicable construction obligations
will begin immediately upon grant of the new license.
126. Anti-Windfall Provisions. The Report and Order adopts similar
anti-windfall provisions as in the prior 3/3 broadband context.
Specifically, an applicant will turn in all of its licensed 900 MHz SMR
and B/ILT spectrum, as well as its 3/3 broadband license, if
applicable, up to ten megahertz total, that it holds for any county in
which it seeks a 5/5 broadband license. In instances where a
prospective 5/5 broadband licensee holds less than ten megahertz of 900
MHz spectrum and is therefore unable to return ten megahertz, spectrum
may be assigned from the Commission's available inventory for issuance
of a broadband license if the applicant compensates the general fund of
the U.S. Treasury via an anti-windfall payment as detailed herein. We
believe that applying this anti-windfall requirement to the 5/5
broadband licenses is in the public interest, as it will act as payment
for any spectrum provided by the Commission from its inventory and will
mitigate any potential unearned benefit a prospective 5/5 broadband
licensee receives as a result of this exchange.
127. Licensing and Operating Rules. The Commission designates the
900 MHz broadband allocation as a Miscellaneous Wireless Communications
Service governed by part 27 of the Commission's rules. The licensing
and operating rules that apply to the 3/3 broadband licenses will also
apply to the 5/5 broadband licenses. The 3/3 broadband segment and 5/5
broadband frequency range will also be licensed geographically by
county for 15-year terms with 10-year renewal terms.
128. Performance Requirements. In the 5/5 broadband context, the
Report and Order adopts the coverage requirements proposed in the
Notice, which mirror those adopted in the 3/3 broadband context and
take into account the types of services that are likely to be deployed
using this 900 MHz spectrum. Consistent with the 3/3 broadband license
requirements, the Report and Order adopts a two-fold performance
requirement whereby a 5/5 broadband licensee must: (1) provide reliable
signal coverage and offer broadband service; and (2) meet a
quantifiable benchmark--either (a) a population coverage requirement,
or (b) a geographic coverage requirement--by certain deadlines.
However, where a licensee holds a 3/3 broadband license, a full 12-year
term for deployment of the 5/5 license is unnecessarily lengthy.
129. A 5/5 broadband licensee can meet the population coverage
requirement by providing reliable signal coverage and offering
broadband service to at least 45% of the population in each of its
license areas by the applicable interim performance benchmark, and to
at least 80% of the population in each of its license areas by the
applicable final performance benchmark. As an alternative to the
population requirement, a licensee can meet its coverage requirements
by providing reliable signal coverage and offering broadband service
covering at least 25% of the geographic license area by its applicable
interim performance benchmark, and at least 50% of the geographic
license area by its applicable final performance benchmark. After
satisfying the final performance benchmark, the 900 MHz 5/5 broadband
licensee will be required to continue to provide reliable signal
coverage and offer service at or above that final benchmark level for
the remaining years in the license term.
130. Lastly, the Report and Order adopts specific timelines for 5/5
broadband licensees to meet performance deadlines: six years to meet an
interim performance benchmark for the newly issued 5/5 broadband
license, and an additional six years to meet the final performance
benchmark, starting with the date of grant of the 5/5 broadband
license. The Report and Order establishes an abbreviated performance
timeframe for a situation where a 5/5 broadband applicant holds a 3/3
license. Specifically, where an applicant seeks the 5/5 broadband
license in the same county where it is exchanging its 3/3 license,
application review will (1) identify the remaining interim and/or final
construction deadlines and expiration date of the 3/3 broadband
license; (2) where the interim deadline for the 3/3 broadband license
has not yet been reached prior to the grant of the 5/5 broadband
license, add two years to that deadline and apply it to the 5/5
broadband license; (3) where the interim deadline for the 3/3 broadband
license has passed but the final deadline for that license has not yet
occurred, add two years to that final deadline and apply it to the 5/5
broadband license (there will be no 5/5 broadband license interim
deadline); (4) where the final deadline for the 3/3 broadband license
has passed and the licensee timely met that deadline, set the 5/5
broadband
[[Page 15907]]
license final deadline as 2 years from date of license grant; (5) if
the 3/3 broadband license's term was reduced to 13 years, issue the new
5/5 broadband license for an initial 13-year term; otherwise issue it
for an initial 15-year term.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
131. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
132. As discussed above, the adopted rules in the Report and Order
maximize the 900 MHz band's potential by enabling broadband deployment
on all ten megahertz of the band. In reaching its conclusions, the
Commission considered comments from a wide array of interested parties,
some of which are small entities. With those comments in mind, the
Commission has taken steps to enable it to minimize significant
economic burdens on small entities resulting from the adopted rules and
has also considered significant alternatives to those approaches. For
example, we considered the concerns of railroad industry commenters
regarding the financial and operational impact to their operating
safety systems in the narrowband segment (at 897.5-900.5/936.5-939.5
MHz) as a result of transitioning out of the band to accommodate the 5/
5 expansion. The adopted rules implement a voluntary, negotiation-based
process that allows flexibility for incumbent operations and provides
900 MHz users, some of which are small entities, the opportunity to
increase capacity for more advanced and robust broadband communications
networks. In addition, we considered adopting different eligibility
requirements for a 5/5 broadband license. However, the rules we adopt
in the Report and Order largely mirror the eligibility requirements for
a 3/3 broadband license, thereby potentially reducing administrative
burdens on small entities that are already familiar with the 3/3
licensing process. The similarities between the two processes could
minimize the need for such entities to utilize outside consultants or
other professionals to assist them in understanding the application
process.
133. The Commission does not believe that the rules adopted in the
Report and Order create any significant negative economic impact on
small entities. The Report and Order expands broadband availability in
the 900 MHz band, while allowing two other configurations (legacy
narrowband and 3/3 broadband) to continue on a county-by-county basis.
This expansion updates the existing 900 MHz broadband licensing
framework to allow 900 MHz users the opportunity to increase their
capacity for more advanced and robust broadband communications
networks. The Commission has taken many steps to harmonize this
expansion with its prior action by implementing similar application
procedures, technical rules, and performance benchmarks.
G. Report to Congress
134. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
the SBA Office of Advocacy, and this FRFA (or summaries thereof) will
also be published in the Federal Register.
VI. Ordering Clauses
135. It is ordered that, pursuant to the authority found in
sections 1, 2, 4(i), 4(j), 301, 302, 303, 307-310, 319, 324, and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 301, 302a, 303, 307-310, 319, 324, 332, this Report and Order
is hereby adopted.
136. It is further ordered that, pursuant to the authority found in
sections 4(i) and 5 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 155, and Sec. Sec. 0.201, 0.331, and 1.103 of the
Commission's rules, 47 CFR 0.201, 0.331, 1.103, authority is delegated
to the Wireless Telecommunications Bureau, subject to the conditions
specified herein, effective upon publication in the Federal Register.
137. It is further ordered that this Report and Order shall be
effective 30 days after publication in the Federal Register, except
that the amendments to Sec. Sec. 27.1503, 27.1504, and 27.1505, 47 CFR
27.1503, 27.1504, 27.1505, which may contain new or modified
information collections, will not become effective until the Office of
Management and Budget completes review of any information collections
that the Wireless Telecommunications Bureau determines is required
under the Paperwork Reduction Act. The Commission directs the Wireless
Telecommunications Bureau to announce the effective date for Sec. Sec.
27.1503, 27.1504, and 27.1505 by notice in the Federal Register and by
subsequent Public Notice.
138. It is further ordered that the Office of the Managing
Director, Performance Program Management, shall send a copy of this
Report and Order in a report to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
139. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Report and Order, including the
Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects
47 CFR Parts 2 and 27
Telecommunications.
47 CFR Part 90
Business and industry, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 27, and 90 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106 by revising pages 31 and 32 of the Table of
Frequency Allocations and paragraphs (c)(116) and (268) to read as
follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 15908]]
[GRAPHIC] [TIFF OMITTED] TR31MR26.000
[[Page 15909]]
[GRAPHIC] [TIFF OMITTED] TR31MR26.001
BILLING CODE 6712-01-C
* * * * *
(c) * * *
(116) US116 In the bands 890-902 MHz and 935-941 MHz, no new
[[Page 15910]]
assignments are to be made to Federal radio stations after July 10,
1970, except on a case-by-case basis to experimental stations. Federal
assignments existing prior to July 10, 1970, shall be on a secondary
basis to stations in the non-Federal mobile, except aeronautical
mobile, service and shall be subject to adjustment or removal from the
bands 890-902 MHz, 928-932 MHz, and 935-941 MHz at the request of the
FCC.
* * * * *
(268) US268 The bands 890-902 MHz and 928-942 MHz are also
allocated to the radiolocation service for Federal ship stations (off-
shore ocean areas) on the condition that harmful interference is not
caused to non-Federal stations in the mobile, except aeronautical
mobile, service. The provisions of footnote US116 apply.
* * * * *
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
3. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
4. Amend Sec. 27.13 by revising paragraph (n) to read as follows:
Sec. 27.13 License period.
* * * * *
(n) 900 MHz broadband. Authorizations for broadband licenses in the
897.5-900.5 MHz and 936.5-939.5 MHz bands or the 896-901 MHz and 935-
940 MHz bands will have a term not to exceed 15 years from the date of
initial issuance, and ten (10) years from the date of any subsequent
renewal.
* * * * *
0
5. Revise the heading to subpart P to read as follows:
Subpart P--Regulations Governing Licensing and Use of 900 MHz
Broadband Service in the 896-901 MHz and 935-940 MHz Bands
0
6. Revise Sec. 27.1500 to read as follows:
Sec. 27.1500 Scope.
This subpart sets out the regulations governing the licensing and
operations of 900 MHz broadband systems operating in the 897.5-900.5/
936.5-939.5 MHz bands or in the 896-901/935-940 MHz bands. It includes
eligibility requirements and operational and technical standards for
stations licensed in these bands. It also supplements the rules
regarding application procedures contained in part 1, subpart F of this
chapter. The rules in this subpart are to be read in conjunction with
the applicable requirements contained elsewhere in this part; however,
in case of conflict, the provisions of this subpart shall govern with
respect to licensing and operation in these frequency band segments.
0
7. Revise Sec. 27.1501 to read as follows:
Sec. 27.1501 Definitions.
3/3 900 MHz broadband. The 900 MHz broadband systems in the 897.5-
900.5/936.5-939.5 MHz band licensed by the Commission pursuant to this
subpart.
3/3 900 MHz broadband licensee. An entity that holds a 3/3 900 MHz
broadband license issued pursuant to this subpart.
3/3 900 MHz broadband segment. The segment of realigned 900 MHz
spectrum (i.e., the 897.5-900.5/936.5-939.5 MHz band) licensed by the
Commission pursuant to this subpart.
5/5 900 MHz broadband. The 900 MHz broadband systems in the 896-
901/935-940 MHz band licensed by the Commission pursuant to this
subpart.
5/5 900 MHz broadband frequency range. Realigned 900 MHz spectrum
(i.e., the 896-901/935-940 MHz band) licensed by the Commission
pursuant to this subpart.
5/5 900 MHz broadband licensee. An entity that holds a 5/5 900 MHz
broadband license issued pursuant to this subpart.
900 MHz broadband. The 900 MHz broadband systems in the 897.5-
900.5/936.5-939.5 MHz band and in the 896-901/935-940 MHz band licensed
by the Commission pursuant to this subpart.
900 MHz broadband licensee. An entity that holds either a 3/3 900
MHz broadband license or a 5/5 900 MHz broadband license issued
pursuant to this subpart.
900 MHz narrowband segment. The segments of realigned 900 MHz
spectrum (i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz
bands (Paired channels 1-119 and 361-399)) designated for narrowband
operations in markets with 3/3 900 MHz broadband and licensed pursuant
to 47 CFR part 90, subpart S.
Complex system. A covered incumbent's system that consists of 45 or
more functionally integrated sites as of May 13, 2020.
County. For purposes of this part, counties shall be defined using
the United States Census Bureau's data reflecting county legal
boundaries and names valid through January 1, 2017.
Covered incumbent. Any 900 MHz site-based licensee in the 900 MHz
band that is required under Sec. 90.621(b) of this chapter to be
protected by a 3/3 or 5/5 900 MHz broadband licensee (as applicable)
with a base station at any location within the county, or any 900 MHz
geographic-based SMR licensee in the 3/3 MHz broadband segment or 5/5
900 MHz frequency range, as applicable, whose license area completely
or partially overlaps the county.
Eligibility certification. A filing made to the Commission as part
of the prospective broadband licensee's application for a 3/3 or 5/5
900 MHz broadband license that demonstrates satisfaction of the
eligibility restrictions.
License area. The geographic component of a 3/3 or 5/5 900 MHz
broadband license. A license area consists of one county.
Power spectral density (PSD). The power of an emission in the
frequency domain, such as in terms of ERP or EIRP, stated per unit
bandwidth, e.g., watts/MHz.
Site-channel. A channel licensed at a particular location.
Transition plan. A filing made to the Commission as part of the
prospective broadband licensee's application for a 3/3 or 5/5 900 MHz
broadband license that includes a plan for transitioning the band in
the particular county.
Transitioned market. See Sec. 90.7 of this chapter.
0
8. Amend Sec. 27.1503 by revising paragraphs (a), (b)(2)(i) and (ii),
(b)(3)(i)(A), (b)(3)(ii), (b)(3)(iii)(A) and (B), (c)(1) and (2), and
adding paragraph (c)(3) to read as follows:
Sec. 27.1503 Broadband license eligibility and application
requirements.
(a) Eligibility--(1) 3/3 900 MHz broadband license. For an
applicant to be eligible for a 3/3 900 MHz broadband license in a
county, it must:
(i) Hold the licenses for more than 50% of the total amount of
licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT
(site-based) spectrum for the relevant county, including credit for
spectrum included in an application filed with the Commission on or
after March 14, 2019, to relocate, negotiate cancellation of licenses
of, or acquire spectrum held by covered incumbents; and
(ii) Meet a threshold of at least 90% of licensed channels in the
3/3 900 MHz broadband segment by: (A) Holding spectrum in the 3/3 900
MHz broadband segment, and/or (B) reaching an agreement to clear
through relocation of or cancellation of the license(s) or acquisition
of spectrum held by covered incumbents, including credit for spectrum
included in an application
[[Page 15911]]
filed with the Commission on or after March 14, 2019; and/or (C)
demonstrating how it will provide interference protection to covered
incumbents' site-channels in the county and within 70 miles of the
county boundary, and geographically licensed channels where the license
area completely or partially overlaps the county.
(iii) The applicant for a 3/3 900 MHz broadband license may use its
current holdings in the 900 MHz narrowband segment to relocate covered
incumbents. Spectrum used for the purpose of relocating incumbents may
not exceed the incumbents' current spectrum holdings in the relevant
county, unless additional channels are necessary to achieve equivalent
coverage and/or capacity.
(2) 5/5 900 MHz broadband license. For an applicant to be eligible
for a 5/5 900 MHz broadband license in a county, it must:
(i) Hold the licenses for more than 50% of the total amount of
licensed 900 MHz spectrum for the relevant county, including credit for
spectrum included in an application filed with the Commission on or
after March 14, 2019, to relocate, negotiate cancellation of licenses
of, or acquire spectrum held by covered incumbents;
(ii) As it pertains to the 897.5-900.5 MHz and 936.5-939.5 MHz
bands, either (A) Hold a 3/3 900 MHz broadband license in the relevant
county, or (B) meet a threshold of at least 90% of combined licensed
channels by: (1) holding spectrum in the 3/3 900 MHz broadband segment,
and/or (2) reaching an agreement to clear through relocation of or
cancellation of the license(s) or acquisition of spectrum held by
covered incumbents, including credit for spectrum included in an
application filed with the Commission on or after March 14, 2019; and/
or (3) demonstrating how it will provide interference protection to
covered incumbents' site-channels in the county and within 70 miles of
the county boundary, and geographically licensed channels where the
license area completely or partially overlaps the county; and
(iii) As it pertains to the 896-897.5/935-936.5 MHz and 900.5-901/
939.5-940 MHz bands, demonstrate that it has reached an agreement to
clear through relocation of or cancellation of the license(s) or
acquisition of spectrum held by all covered incumbents, or demonstrate
how it will provide harmful interference protection to all covered
incumbents holding site-based licenses in the county and within 70
miles of the county boundary and geographically licensed channels where
the license area completely or partially overlaps the county.
(3) Interference protection. To provide interference protection, an
applicant for a 3/3 or 5/5 900 MHz broadband license may:
(i) Protect site-based covered incumbents through compliance with
minimum spacing criteria set forth in Sec. 90.621(b) of this chapter;
(ii) Protect site-based covered incumbents through new or existing
letters of concurrence agreeing to lesser base station separations as
set forth in Sec. 90.621(b) of this chapter; and/or
(iii) Protect geographically based covered incumbent(s) through a
private contractual agreement.
(4) Complex system site protection. If any site of a complex system
is located within the county or within 70 miles of the county boundary,
an applicant must either hold the license for that site or reach an
agreement to acquire, relocate, negotiate cancellation of, or protect
the site in order to demonstrate eligibility for a 3/3 or 5/5 900 MHz
broadband license.
(b) * * *
(2) * * *
(i) Lists the licenses the applicant holds in the 900 MHz band to
demonstrate that it holds the licenses for more than 50% of the total
licensed 900 MHz spectrum in the relevant county to meet the
requirements outlined in paragraph (a)(1)(i) or (a)(2)(i) of this
section. Spectrum included in an application filed with the Commission
on or after March 14, 2019, to relocate, negotiate cancellation of
licenses of, or acquire spectrum held by covered incumbents will be
counted toward the total licensed spectrum held by the applicant.
(ii) States that the applicant has filed a Transition Plan
detailing how it meets the requirements outlined in paragraph
(a)(1)(ii) or (a)(2)(ii) of this section and, if applicable, how it
meets the requirements outlined in paragraph (a)(2)(iii) of this
section.
(3) * * *
(i) * * *
(A) Agreement by covered incumbents to relocate from the 3/3 900
MHz broadband segment (for a 3/3 broadband license) or the 896-901 and
935-940 MHz bands (for a 5/5 broadband license), as applicable;
* * * * *
(ii) Descriptions of the agreements outlined in paragraphs
(a)(1)(ii) and (a)(2)(ii) and (iii) of this section, if applicable.
(iii) * * *
(A) The applications that the parties to the agreements will file
in order to relocate licensees or, in the case of 3/3 broadband
licenses, to relocate or repack licensees in the 900 MHz narrowband
segments;
(B) A description of how the applicant will provide interference
protection to, and/or relocate or acquire spectrum held by covered
incumbents, as outlined in paragraphs (a)(1)(ii) and (a)(2)(ii) and
(iii) of this section, as applicable.
* * * * *
(c) * * *
(1) The applicant must return to the Commission all of its licensed
900 MHz spectrum, up to six megahertz for a 3/3 900 MHz broadband
license and up to ten megahertz for a 5/5 900 MHz broadband license,
for the county in which it seeks a broadband license. The applicant
will be required to file, within 15 days of filing its broadband
license application, an application(s) to cancel all of its 900 MHz
broadband, SMR, and B/ILT spectrum, as applicable, up to six megahertz
for a 3/3 900 MHz broadband license and up to ten megahertz for a 5/5
900 MHz broadband license, conditioned upon Commission grant of its
application.
(2) If the applicant relinquishes less than six megahertz of
spectrum for a 3/3 900 MHz broadband license or less than ten megahertz
of spectrum for a 5/5 900 MHz broadband license in accordance with
paragraph (c)(1) of this section, then the applicant must remit an
anti-windfall payment prior to the grant of the 900 MHz broadband
license. Payment must be made through a monetary payment to the general
fund of the U.S. Treasury.
(3) For the purpose of calculating the windfall payment, if an
applicant relinquished more than six megahertz of narrowband spectrum
when it applied for its 3/3 900 MHz broadband license, then that 3/3
licensee may claim credit for the excess spectrum in its application
for a 5/5 MHz broadband license for the same county. Any excess
spectrum credit not claimed on its initial application is forfeited.
0
9. Amend Sec. 27.1504 by revising paragraphs (a) and (d), and the
introductory text of paragraph (g) to read as follows:
Sec. 27.1504 Mandatory relocation.
(a) Subject to paragraph (b) of this section, 900 MHz broadband
licensees may require mandatory relocation of covered incumbents from
the 897.5-900.5 MHz and 936.5-939.5 MHz bands as follows: remaining
site-channels in a given county or within 70 miles of the county
boundary, and geographically licensed channels where the license area
completely or partially overlaps the
[[Page 15912]]
county, that were not covered by Sec. 27.1503(a)(1)(ii) or
27.1503(a)(2)(ii).
* * * * *
(d) Having met the 90% success threshold referenced in Sec.
27.1503, a 900 MHz broadband licensee seeking to trigger the mandatory
relocation process shall serve notice on all applicable covered
incumbents and file such notice in ULS as a pleading to the relevant
call sign(s).
* * * * *
(g) A party seeking Commission resolution of a dispute must submit
the request in writing to the Chief, Wireless Telecommunications
Bureau, and file such notice in ULS as a pleading to the relevant call
sign(s), including:
* * * * *
0
10. Amend Sec. 27.1505 by revising the section heading and paragraphs
(b) through (d) to read as follows:
Sec. 27.1505 Performance requirements for 900 MHz broadband licenses.
* * * * *
(b) A 900 MHz broadband licensee must offer broadband service and
meet a population coverage requirement or, alternatively, a geographic
coverage requirement, by the applicable deadlines as follows:
(1) For a 3/3 broadband license, or a 5/5 broadband license that is
not issued in exchange for a 3/3 900 MHz broadband license, the
licensee is subject to the following benchmarks:
(i) Interim performance requirement: Within six years of license
grant, a 900 MHz broadband licensee shall offer broadband service and
either (A) provide reliable signal coverage to at least 45% of the
population in its license area, or (B) demonstrate that it provides
reliable signal coverage for at least 25% of the geographic license
area.
(ii) Final performance requirement. Within 12 years of license
grant, a 900 MHz broadband licensee shall offer broadband service and
either (A) provide reliable signal coverage to at least 80% of the
population in its license area, or (B) demonstrate that it provides
reliable signal coverage for at least 50% of the geographic license
area.
(2) For a 5/5 900 MHz broadband license issued in exchange for a 3/
3 900 MHz broadband license prior to the 3/3 broadband license interim
performance deadline, the licensee is subject to the following
benchmarks:
(i) Interim performance requirement: Within two years from the date
of the applicable interim performance deadline for the 3/3 broadband
license, the 5/5 broadband licensee shall offer broadband service and
either (A) provide reliable signal coverage to at least 45% of the
population in its license area, or (B) demonstrate that it provides
reliable signal coverage for at least 25% of the geographic license
area.
(ii) Final performance requirement. Within two years from the date
of the applicable final performance deadline for the 3/3 broadband
license, a 5/5 broadband licensee shall offer broadband service and
either (A) provide reliable signal coverage to at least 80% of the
population in its license area, or (B) demonstrate that it provides
reliable signal coverage for at least 50% of the geographic license
area.
(3) For a 5/5 900 MHz broadband license issued in exchange for a 3/
3 900 MHz broadband license after the 3/3 broadband licensee has met
its applicable interim performance deadline but prior to its applicable
final performance deadline for the 3/3 license, the licensee will be
subject to the following final performance requirement: within two
years from the date of the applicable final performance deadline for
the 3/3 broadband license, a 5/5 broadband licensee shall offer
broadband service and either (A) provide reliable signal coverage to at
least 80% of the population in its license area, or (B) demonstrate
that it provides reliable signal coverage for at least 50% of the
geographic license area. Such licensee will not be subject to an
interim performance requirement for the 5/5 broadband license.
(4) For a 5/5 900 MHz broadband license issued in exchange for a 3/
3 900 MHz broadband license after the 3/3 broadband licensee has met
its applicable final performance requirement, the 5/5 broadband
licensee will be subject to the following final performance
requirement: within two years from the date of grant of the 5/5
broadband license, a 5/5 broadband licensee shall offer broadband
service and either (A) provide reliable signal coverage to at least 80%
of the population in its license area, or (B) demonstrate that it
provides reliable signal coverage for at least 50% of the geographic
license area. Such licensee will not be subject to an interim
performance requirement for the 5/5 broadband license.
(c) * * *
(1)(i) A 3/3 broadband licensee that fails to meet its interim
performance benchmark will be required to meet its final performance
benchmark two years sooner (i.e., at 10 years into the license term),
and its license term will be reduced to 13 years.
(ii) Except in cases where a licensee received its 5/5 900 MHz
broadband license in exchange for a 3/3 900 MHz broadband license, a 5/
5 broadband licensee that fails to meet its applicable interim
performance benchmark will be required to meet its final performance
benchmark two years sooner (i.e., at 10 years into the license term),
and its license term will be reduced to 13 years.
(iii) A 5/5 broadband licensee that received its 5/5 license in
exchange for a 3/3 900 MHz broadband license and that fails to meet its
applicable interim performance benchmark, as described in paragraph
(b)(2)(i) or (ii) of this section, will be subject to a revised final
performance deadline that is accelerated by two years, and its
applicable license term will be reduced by two years.
* * * * *
(d) Continuity of Operations. After satisfying its final
performance benchmark, a licensee is required to continue to provide
coverage and offer broadband service at or above that same level for
the remaining period of the license term and thereafter. See 47 CFR
1.949 (Application for Renewal of Authorization).
0
11. Revise Sec. 27.1506 to read as follows:
Sec. 27.1506 Frequencies.
The 897.5-900.5 MHz and 936.5-939.5 MHz band segments are available
for licensing with an authorized bandwidth up to 3 megahertz paired
channels. The 896-901 MHz and 935-940 MHz bands are available for
licensing with an authorized bandwidth up to 5 megahertz paired
channels. The 897.5-900.5 MHz band segment or 896-901 MHz band segment,
as applicable, must only be used for uplink transmissions. The 936.5-
939.5 MHz band segment or 935-940 MHz band segment, as applicable, must
only be used for downlink transmissions.
0
12. Amend Sec. 27.1509 by revising paragraphs (a) and (b) to read as
follows:
Sec. 27.1509 Emission limits.
* * * * *
(a) For 900 MHz broadband operations in the 896-901 MHz band, by at
least 43 + 10 log (P) dB.
(b) For 900 MHz broadband operations in the 935-940 MHz band, by at
least 50 + 10 log (P) dB.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
13. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
14. Amend Sec. 90.7 by:
0
a. Removing the definition of ``900 MHz broadband segment'';
[[Page 15913]]
0
b. Adding the definitions of ``3/3 900 MHz broadband'', ``3/3 900 MHz
broadband licensee'', ``3/3 900 MHz broadband segment'', ``5/5 900 MHz
broadband'', ``5/5 900 MHz broadband frequency range'', and ``5/5 900
MHz broadband licensee''; in alphanumerical order and
0
c. Revising the definition of ``Transitioned market''.
The revisions and addition read as follows:
Sec. 90.7 Definitions.
* * * * *
3/3 900 MHz broadband. See 47 CFR 27.1501.
3/3 900 MHz broadband licensee. See 47 CFR 27.1501.
3/3 900 MHz broadband segment. See 47 CFR 27.1501.
5/5 900 MHz broadband. See 47 CFR 27.1501.
5/5 900 MHz broadband frequency range. See 47 CFR 27.1501.
5/5 900 MHz broadband licensee. See 47 CFR 27.1501.
* * * * *
Transitioned market. A geographic area in which the 900 MHz band
has been reconfigured to consist of a 3/3 900 MHz broadband licensed
area in the 3/3 900 MHz broadband segment and 900 MHz narrowband
segments pursuant to part 27 of this chapter. A geographic area that
has been reconfigured to consist of a 5/5 900 MHz broadband license
area is not part of this definition.
* * * * *
0
15. Amend Sec. 90.613 by revising the introductory text to read as
follows:
Sec. 90.613 Frequencies available.
The following table indicates the channel designations of
frequencies available for assignment to eligible applicants under this
subpart. Frequencies shall be assigned in pairs, with mobile and
control station transmitting frequencies taken from the 806-824 MHz
band with corresponding base station frequencies being 45 MHz higher
and taken from the 851-869 MHz band, or with mobile and control station
frequencies taken from the 896-901 MHz band with corresponding base
station frequencies being 39 MHz higher and taken from the 935-940 MHz
band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands
(Channels 120-360), no new applications will be accepted in a 3/3 900
MHz broadband transitioned market for a narrowband system under part
90, subpart S of this chapter. For operations in the 896-901 MHz and
935-940 MHz bands (Channels 1-399), no new applications will be
accepted in markets transitioned to 5/5 900 MHz broadband for
narrowband systems under part 90, subpart S of this chapter. Only the
base station transmitting frequency of each pair is listed in the
following table.
* * * * *
0
16. Amend Sec. 90.616 by revising paragraph (a)(3) to read as follows:
Sec. 90.616 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz
narrowband segments.
(a) * * *
(3) Business/Industrial/Land Transportation Pool and Specialized
Mobile Radio licensees authorized as of September 13, 2018, for
relocation to the 900 MHz narrowband segments from the 3/3 900 MHz
broadband segment pursuant to part 27, subpart P, of this chapter.
* * * * *
0
17. Amend Sec. 90.621 by adding paragraph (b)(8) to read as follows:
Sec. 90.621 Selection and assignment of frequencies.
* * * * *
(b) * * *
(8) Except as provided in paragraph (b)(5) and subject to paragraph
(b)(6) of this section, new or modified 900 MHz narrowband systems must
meet the co-channel separation distances set forth in paragraph (b)(4)
of this section with respect to an incumbent 900 MHz broadband system's
licensed market boundary.
* * * * *
0
18. Amend Sec. 90.672 by revising paragraphs (a)(1)(i)(C) and (D) to
read as follows:
Sec. 90.672 Unacceptable interference to non-cellular 800 MHz
licensees from 800 MHz cellular systems or part 22 Cellular
Radiotelephone systems, and within the 900 MHz narrowband segments, and
to narrowband 900 MHz licensees from 900 MHz broadband licensees.
(a) * * *
(1) * * *
(i) * * *
(C) From the 3/3 900 MHz broadband segment or 5/5 900 MHz broadband
frequency range, a median desired signal strength of -104 dBm or higher
if operating in the 900 MHz narrowband segment, as measured at the R.F.
input of the receiver of a mobile unit; or
(D) From the 3/3 900 MHz broadband segment or 5/5 900 MHz broadband
frequency range, a median desired signal strength of -101 dBm or higher
if operating in the 900 MHz narrowband segment, as measured at the R.F.
input of the receiver of a portable, i.e., hand-held, unit; and either
* * * * *
[FR Doc. 2026-06239 Filed 3-30-26; 8:45 am]
BILLING CODE 6712-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.