Headlining the FCC’s next open meeting, scheduled for November 18 is an item to adopt proposed rules to reallocate the 5.9 GHz band. The FCC would repurpose the lower 45 megahertz of the band for unlicensed use, while retaining the upper portion of the band for Intelligent Transportation Systems (“ITS”) operations and transitioning to Cellular Vehicle-to-Everything (“C-V2X”) technology. The Commission plans to seek additional comment on proposed technical rules for outdoor unlicensed use and on implementation timelines for transitioning to C-V2X. The November meeting will also consider two satellite items. The FCC plans to streamline its satellite licensing rules by creating an optional unified license system for satellite and earth station operations, and will propose a new allocation in the 17 GHz band for Fixed Satellite Service (“FSS”) space-to-Earth downlinks. Additionally, the Commission will propose expanding the contribution base for the Telecommunications Relay Services (“TRS”) Fund.

FCC regulatory will likely slow in the aftermath of the election and with an upcoming change in Administration. However, the Commission tees up two new rulemaking proceedings with the November agenda, signaling that the FCC may still be moving forward with policy initiatives  going into a transition period. You will find more details on the most significant November meeting items after the break:

Continue Reading FCC Highlights Reallocating the 5.9 GHz Band at November Open Meeting

At its May Open Meeting on May 13, 2020, in addition to items on regulatory fees and broadcaster applications notices, the Commission will consider two spectrum related items designed to further expand wireless broadband opportunities. In a draft Report and Order to transition the 900 MHz Band, the Commission would make six of the ten megahertz between 896-901 and 935-940 MHz available on a paired basis for commercial broadband mobile services while reserving four megahertz for incumbent narrowband communications. The Commission would also establish a transition mechanism based on voluntary negotiations to move narrowband incumbents operations to the lower and upper portions of each sub-band. In a draft Second Report and Order, the Commission would add new Ku- and Ka-Band frequencies for Earth Stations in Motion (“ESIMs”) and allow ESIMs, which have always communicated with geostationary orbit (“GSO”) fixed satellite service (“FSS”) satellites, to also communicate with non-geostationary satellite orbit (“NGSO”) satellites orbiting closer to Earth.

Stakeholders in the 900 MHz and Ku- and Ka-Bands should closely examine these two items and the impact on their business. You will find more information on the key May meeting items after the break:

Continue Reading FCC Plans to Realign 900 MHz Land Mobile Band to Include Commercial Broadband Mobile Licenses and Expand Frequencies Available to Earth Stations in Motion at May Meeting

At its open meeting on September 26, 2018, the Federal Communications Commission (“FCC”) unanimously voted to adopt a Report and Order and Further Notice of Proposed Rulemaking to consolidate the agency’s rules governing three different types of mobile earth stations that operate in the Fixed Satellite Service (“FSS”) and communicate with geostationary satellites (“GSOs”). The consolidated rules will apply to all categories of Earth Stations in Motion (“ESIMs”). More importantly, the Commission extended the frequency bands on which ESIMs can operate on a primary basis into the conventional Ka-band. It also seeks comment in the FNPRM on expanding ESIMs operations into additional spectrum in the Ku-band and Ka-bands, potentially on a secondary or unprotected basis. However, the Commission left addressing ESIM operations with non-geostationary satellite orbit (“NGSO”) FSS systems for a separate NPRM.

Continue Reading FCC Consolidates Rules and Extends Frequency Bands for Mobile Earth Stations on Aircraft, Ships and Vehicles

On June 22, 2017, the Federal Communications Commission (“FCC” or “Commission”) conditionally granted OneWeb’s proposed 720 Non-Geostationary Satellite Orbit (“NGSO”) constellation access to the U.S. market in select frequency bands.   OneWeb filed a Petition for Declaratory Ruling with the FCC or U.S. market access rather than an application because it states that its space system license application will be acted upon by the United Kingdom.

The FCC order approving the Petition (the “OneWeb Approval Order”) characterizes the grant as “the first of its kind for a new generation of large… NGSO systems” which the Commission hopes will facilitate “high-speed, affordable broadband connectivity” nationwide.  The FCC’s grant was conditioned on, among other things, ITU coordination, power limits, avoidance of in-line interference, orbital debris mitigation, the outcome of pending and future rulemakings, and satisfaction of bond and milestone requirements.  The OneWeb grant remains subject to the outcomes of several other pending proceedings (as well as any future FCC rules) and the requirement that OneWeb will share spectrum with other NGSO systems the Commission approves in the same spectrum bands and other users of the spectrum.  The OneWeb Approval Order makes clear that any earth station applications will be subject to a separate filing and review cycle.
Continue Reading June 2017 FCC Meeting Recap: FCC Grants OneWeb’s U.S. Market-Access Petition for its Ka/Ku-Band NGSO System Subject to Conditions