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The Federal Communications Commission ("FCC" or "Commission") recently released a Report and Order ("R&O") expanding broadband capabilities in the 896–901 MHz/935–940 MHz ("900 MHz") band. Specifically, the R&O contains new rules allowing eligible 900 MHz licensees to transition to a paired five-megahertz broadband channel license ("5/5 broadband license").
Licenses will be issued on a county-by-county basis and regulated under the FCC's Part 27 wireless service rules, which govern a range of flexible-use wireless services. The new rules will be effective 30 days after publication in the Federal Register.
Benefits of the 5/5 MHz 900 MHz Channels
The 900 MHz broadband channel expansion provides a "super pipe," offering licensees enhanced capacity, faster data speeds, and improved reliability for private 5G/LTE networks. Private licensees will have complete ownership over their network designs and operations, allowing for efficiencies such as tailored coverage and specialized backup power that don't exist when a carrier depends on public telecom providers. Moreover, 900 MHz broadband providers will have exclusive use of the spectrum, shielding their operations from interference and signal congestion that often occurs in the unlicensed 2.4 GHz and 5 GHz bands.
Eligibility Requirements
To qualify for a 5/5 MHz 900 MHz broadband license in a county, a prospective licensee must control a majority of the spectrum and either clear or protect incumbent licensees across the relevant band segments.
Protection of Incumbent Licensees
The new rules preserve the rights of existing 900 MHz narrowband licensees. New 5/5 MHz broadband licensees must ensure that their operations do not cause harmful interference to protected incumbent operations. The FCC also requires parties to engage in good-faith coordination when resolving interference or relocation issues.
Voluntary, Market-Based Transition
The FCC opted for a market-driven transition process for reconfiguring the 900 MHz band, rather than mandatory relocation. Entities seeking to deploy broadband systems must negotiate with existing licensees to consolidate or relocate their operations before broadband deployment can occur. These negotiations may include relocation arrangements, spectrum exchanges, or compensation agreements.
Licensing and Technical Rules
The licensing and technical provisions for the new broadband framework are similar to the existing rules governing 3/3 MHz broadband operations. These include:
- Fifteen-year initial licensing period and subsequent ten-year renewal terms
- Performance and construction requirements
- Technical emission limits and interference protections
- Anti-speculation measures designed to prevent warehousing of spectrum
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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