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On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail.  Here, they are presented in abridged fashion.

For more information, register here for our April 2 C-Band Update webinar.


Continue Reading Scheduling the Race to the “C-Band” Auction

On March 25, 2020, the Federal Communications Commission announced a one-month postponement of the 3.5 GHz auction (3550-3650 GHz) in the Citizen’s Broadband Radio Service (“CBRS”), a.k.a. Auction 105. The Commission cited the need “to protect the health and safety of Commission staff during the auction and [the ancillary benefit” that parties have additional time to prepare to participate.”  FCC Chairman Ajit Pai reiterated the agency’s commitment to hold the auction this summer. The band is the first in the so-called mid-band, a range of spectrum seen as critical to the roll out of 5G wireless applications. Commissioner Michael O’Rielly tweeted today that a further delay would be unlikely absent absolutely compelling circumstances. The start of the auction has been postponed to July 23, 2020, (from June 25, 2020), and the new short-form application filing window is April 23 through May 7, 2020.

The Commission also postponed indefinitely its Auction 106, which was set to begin April 28, 2020, and was selling through competitive bidding construction permits in the FM broadcast service.


Continue Reading FCC Postponing 3.5 GHz Auction on Account of COVID-19; Agency Hopes to Keep 3.7-4.2 GHz Auction on Track

On February 28, 2020, at its Open Meeting, the FCC voted to commence a rulemaking to examine the rebalancing of many technical rules governing the deployment of fixed and certain mobile, unlicensed white space devices in the television bands (in and around the 600 MHz range) to increase opportunities for relatively long-distance connectivity in rural and underserved areas, such as for wireless broadband solutions or applications associated with the Internet of Things (“IoT”), although there are no application restrictions on white space devices per se. The rule changes are proposed only in those frequencies below TV channel 35, and so exclude the 600 MHz duplex gap and the 600 MHz service band. The text of the Notice of Proposed Rulemaking (“NPRM”) was promptly released on March 2. Comments are due 30 days after Federal Register publication with replies due sixty days after publication, which has not yet occurred.

Continue Reading FCC Opens Proceeding to Reinvigorate Opportunities for TV White Space Devices

Following their recent episode on the FCC’s C-Band Proceeding addressing use of the 3.7-4.2 GHz spectrum range, Partners Chip Yorkgitis and Josh Guyan are back to discuss the recently released draft Report and Order, which is expected to be adopted at the FCC’s February 28th meeting. The Order would transition the use of the C-Band

On Thursday, February 6, in a speech at the Information Technology and Innovation Foundation, Federal Communications Chairman Ajit Pai outlined his proposal for the realignment of 3.7-4.2 GHz, the so-called C-Band. Later in the day, the FCC website posted a summary of the Chairman’s proposals, and Republican Commissioners Carr and O’Rielly released statements in support of the initiative. A draft order is expected sometime today, February 7, which will fill in a lot of gaps missing from the broad brushstrokes the Chairman outlined.

Continue Reading Pai Offers Highlights of His 3.7-4.2 GHz Band Proposal; Particulars Presently Forthcoming

Our “Tuning into Spectrum” podcast series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for

On October 7, the Enforcement Bureau (“EB” or “Bureau”) of the Federal Communications Commission (“FCC” or “Commission”) took action to enhance the method by which public safety and enterprise wireless providers file interference complaints and receive initial responses. In a Public Notice, the Bureau announced that a new interference complaint intake portal, which the Bureau sees as a “backstop” when private resolution efforts fail, is now operational for these types of spectrum users. The action was in response to the Commission’s 2015 Field Modernization Order, in which the FCC called on the Bureau to ensure that EB’s field offices respond to radiofrequency interference (“RFI”) complaints filed by public safety and industry users in a timely fashion.

Continue Reading FCC Enforcement Bureau Centralizes Filing of Interference Complaints; Parties Directed to First Exhaust Private Efforts to Resolve Cases of RFI

At its Open Meeting on Thursday (September 26), the FCC will be set to adopt a Public Notice that seeks comment on bidding procedures for Auction 105 – the long-anticipated auction of Priority Access Licenses (“PALs”) in the 3550-3650 MHz (“3.5 GHz”) band. According to a draft of the Public Notice released in early September, the Commission will auction seven unpaired 10-megahertz channels in each county-based license area for a total of 22,631 PALs nationwide. The Public Notice also seeks comment on allowing bidders the option to bid at a Cellular Market Area (“CMA”) level in the 172 top CMAs that incorporate multiple counties and are classified as Metropolitan Statistical Areas (“MSAs”). We identified this “package bidding” as a potential cause for dispute at this bidding procedures stage in our November 5, 2018 post on the Report and Order that modified the 3.5 GHz Band licensing regime.

Continue Reading FCC Will Seek Comment on Auction Procedures for 3.5 GHz PALs

By unanimous vote, the FCC launched a rulemaking this past week to consider allocating the 1675-1680 MHz band for co-primary use by flexible commercial terrestrial fixed and mobile operators with incumbent federal operators. The Notice of Proposed Rulemaking (“NPRM”), released on Monday, May 13, is, in many fundamental ways, similar to a proposal Ligado first made in a 2012 petition for rulemaking, with adjustments over the years, seeking to allow terrestrial mobile operations in the 1675-1680 MHz band.

Continue Reading FCC Starts Rulemaking on Commercial Mobile Access in 1675-1680 MHz Band, Similar to 2012 Ligado Petition