At its April Open Meeting, the FCC approved a Fifth Report and Order (“R&O”) in the Spectrum Frontiers Proceeding that adopted sharing rules in two settings. The new rules will allow the federal government to deploy, in limited circumstances, additional station sites in spectrum to be auctioned for flexible mobile and fixed use in the 37.6-38.6 GHz frequency range (the “Upper 37 GHz Band”). The rules also will allow fixed satellite service (“FSS”) operators to individually license earth stations in the 50.4-51.4 GHz band (the “50 GHz Band”) while the FCC considers whether spectrum in the 50 GHz Band should also be auctioned for flexible mobile and fixed use. By acting now on these matters, the Commission intends to help provide Upper Microwave Flexible Use Service (“UMFUS”) providers with certainty regarding their potential future use of the spectrum before the auctions commence.
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Federal Register Thaw: Dates Set for Comments in the FCC’s 3.7-4.2 GHz Band Rulemaking
After almost two months of anticipation, the Federal Register is expected to publish the Notice of Proposed Rulemaking (“NPRM”) concerning the future use of 3.7-4.2 GHz (the “4 GHz Band”) by the mobile, fixed, and satellite services released by the FCC on July 13, 2018. The August 29 publication in the Federal Register will establish the comment and reply comment dates as Monday, October 29, and Tuesday, November 27, 2018.
There will be plenty for interested parties to comment on, as we discussed in an earlier blog post providing an overview of the draft NPRM, which was largely retained in the document finally adopted. The FCC is considering myriad options to restructure that spectrum to introduce commercial flexible mobile use and fixed point-to-multipoint operations while protecting incumbent fixed satellite service uses and grandfathered point-to-point licenses. The 4 GHz Band is commonly recognized by the mobile industry, the FCC, and others, as a key mid-spectrum band for next-generation networks and applications, including 5G and the Internet of Things.
Fluid and Frozen: FCC Ponders Best Path Forward for 4 GHz Band
The Federal Communications Commission (“FCC”) recently took steps to preserve the status quo for existing users in the 3.7-4.2 GHz band (the “4 GHz Band”) while it considers myriad options to restructure that spectrum for commercial flexible mobile use and more intensive fixed use. The FCC appears set to move forward with deliberation while it considers modifications to the regulatory structure in the adjacent 3.5 GHz Band (3.55-3.70 GHz). Both bands are touted by the mobile industry, and the FCC itself, as key mid-spectrum bands for next generation networks and applications, including 5G and the Internet of Things.
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Comment Deadlines Set for FCC Rulemaking Seeking to Expedite the Team Telecom Application Review Process
As Kelley Drye reported in an earlier post, the Federal Communications Commission (FCC) is moving quickly on efforts to expedite review of certain FCC applications, including, but not limited to, Section 214 and submarine cable-related applications, by the Executive Branch agencies known as Team Telecom. In a May 2016 request to the FCC, the
FCC Proposes Rules to Expedite Initial Stages of the Team Telecom Application Review Process
The Federal Communications Commission (“Commission” or “FCC”) is looking to jump start the initial steps of the Executive Branch process of reviewing certain applications, including Section 214 and submarine cable-related applications. In a May 2016 request from the National Telecommunications and Information Administration (“NTIA”), NTIA proposed rule changes designed to facilitate more rapid opening stage review by the Executive Branch agencies known as Team Telecom (which includes the Departments of Justice, Homeland Security, Defense, Commerce, State, Federal Bureau of Investigation, and United States Trade Representative) of certain applications. Toward that end, last Friday, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) soliciting comments on rules to expand the information required when certain applications are filed. The proposed rules would potentially have broad applicability, including some rules extending to applications lacking traditional levels of reportable foreign ownership. Both domestic and international carriers and submarine cable operators should review the NPRM to determine if participation in the proceeding would advance their interests. Comments and reply comments will be due, respectively, within 30 and 45 days of NPRM publication in the Federal Register.
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NTIA Suggests Steps to Expedite Executive Review of Applications for Section 214 and Submarine Cable Act Authority; FCC Seeks Comment
The “Team Telecom” review process of applications involving foreign ownership has long endured a reputation for excessive length and opacity. It appears change may be on the horizon. The National Telecommunications & Information Administration (NTIA) filed a letter (NTIA Letter) on May 10, 2016 with the Federal Communications Commission (FCC or Commission) requesting the Commission require applicants for certain authorizations, including international 214 authorizations and transfers, section 310 license ownership rulings, submarine cable landing licenses and satellite earth station authorizations, submit additional information and certifications with their applications. NTIA asserts that submitting this information and certifications upfront will streamline the Executive Branch agency review process. Today, those reviews are undertaken by the Departments of Justice, Homeland Security, Defense, Commerce, State, Federal Bureau of Investigation, and United States Trade Representative (Team Telecom).
In response to the NTIA Letter, the Commission released a Public Notice late last week seeking comments on NTIA’s request. The Commission suggested that any comments received would inform the Commission’s planned formal rulemaking proceeding. The FCC seeks comments on or before Monday, May 23, 2016.
White House Announces ConnectALL Initiative to Spur Broadband Deployment and Adoption
The Administration continues to drive efforts to spur broadband deployment across the country and to ensure that all Americans have access to affordable broadband service. Yesterday afternoon, President Obama announced ConnectALL, an effort aimed at connecting 20 million more Americans to broadband by 2020.
This announcement builds on the successes of ConnectED, the White
NTIA’s BroadbandUSA Announces a Community Connectivity Initiative Workshop, one of the Recommendations from the Broadband Opportunity Council
This month marks the one year anniversary of the Presidential Memorandum that created the Broadband Opportunity Council (Council), a federal inter-agency council, tasked with using all available and appropriate authorities to identify and address regulatory barriers to broadband deployment and adoption. My former BroadbandUSA colleagues at the Department of Commerce’s National Telecommunications & Information (NTIA) are quite busy implementing the recommendations from the Council’s Report (Report), released last year.
In just a few weeks, BroadbandUSA will host a half-day workshop on the Community Connectivity Initiative, designed to enable local leaders to better assess their community connectivity and strengthen efforts to align broadband technology with local policies and priorities. The March 22nd workshop, to be held in Seattle, will engage stakeholders in developing meaningful measures for community broadband access, adoption, policy and use. Specifically, participants will have the opportunity to share insights and suggestions on the design of the program. Several weeks later, on March 24 and April 12, BroadbandUSA will host two follow-up webinars.
FirstNet Releases Final RFP for Up to $6.5 Billion
FirstNet released its final Request for Proposals (RFP) seeking a Contractor to build and operate the nationwide public safety broadband network (NPSBN), as authorized by the Middle Class Tax Cut and Job Relief Act of 2012 (Act), and fund FirstNet operations. The RFP is the result of input to more than 13 Requests for Information, two public Industry Days, and a year of dialogue with the public safety community. The RFP provides for a single award, Indefinite Delivery-Indefinite Quantity (IDIQ) contract with fixed price payments. In exchange, the winning contractor gains access to 20 MHz of contiguous 700 MHz spectrum and the ability to lease excess network capacity to secondary commercial users, receiving up to $6.5 billion in funding from FirstNet. FirstNet envisions a 25-year public-private partnership, suggesting that solutions may include “various partnerships and business arrangements that monetize new public safety market offerings via devices, applications and other value-added benefits and services.” FirstNet plans to select a contractor by the end of the year.
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Broadband Stimulus NOFA Published in Federal Register
The Notice of Funds Availability issued jointly by the Rural Utilities Service and the National Telecommunications and Information Administration was published in the Federal Register today. The NOFA is 121 pages long and lists the rules for applying to receive funding in the first round, which will make available up to $4 billion of the