Although FCC actions concerning commercial mobile radio and unlicensed spectrum grab the big headlines, the Commission is addressing the needs of other radio users, too. On October 23, 2018, the Commissioners will vote on plans to make available additional channels for, and remove or reduce other requirements applicable to, private land mobile radio (“PLMR”) operations in the 806-824 MHz and 851-869 MHz bands (the “the 800 MHz Band”) and, to a lesser extent, the 450-470 MHz band. These frequencies are relied upon by, among other entities, public safety agencies, state/local governments, commercial security operations, utilities, and manufacturers for internal radio communications. While the FCC has worked for years on re-banding and other measures designed to increase utilization of fallow spectrum, it is now intent on addressing a number of rule changes to makes these frequencies more readily accessible by a larger number of PLMR entities. Many PLMR rules have remained unchanged since the 1990s or earlier, and eligible entities for years have sought changes to current regulations to foster greater deployment of new equipment and services. The FCC’s draft item made available to the public earlier this month would address a number of these pending proposals.
At last week’s 5G summit at the White House, FCC Chairman Ajit Pai announced his Facilitate America’s Superiority in 5G Technology (“5G FAST Plan”). The first of the three components of the Chairman’s announced strategy is making more spectrum available for 5G services by expanding licensed and unlicensed opportunities. To those ends, the FCC announced this week that the Commissioners will vote at its next meeting on October 23, 2018, on three items that would launch a proceeding to consider more unlicensed operations, make rule changes designed to increase the value of mid-band spectrum, and expand channels for land mobile radios primarily used by government agencies and businesses. Specifically, the FCC proposes allowing unlicensed devices to operate in the 5.925-7.125 GHz band (the “6 GHz Band”) to support next-generation unlicensed technologies, including Wi-Fi. The agency also anticipates recrafting the licensing rules related to the Citizens Broadband Radio Service in the 3.550-3.700 GHz band (the “3.5 GHz Band”), with an emphasis on the Priority Access Licenses (“PALs”) it will auction. In addition, the FCC expects to increase, through various methods, the number of channels available for private land mobile radio (“PLMR”) operations in the 806-824 MHz and 851-869 MHz bands (the “the 800 MHz Band”).
Rounding out the major actions that will be voted on later this month at the Open Meeting, the FCC released a draft item that would offer regulatory relief to rate-of-return carriers providing Business Data Services (“BDS”). The proposed items are sure to impact every sector of the communications industry, from the largest wireless carriers to the smallest broadband providers and device manufacturers to business, industrial, and public safety radio users, while potentially transforming large-scale data transport services.
At the beginning of August, the Federal Communications Commission (“FCC”) took steps to reconcile a diversity of renewal requirements and permanent discontinuance conditions within its rules for many of the licensed radio services. However, although the Second Report and Order (“Second R&O”) was published in the Federal Register September 1, the rules will take effect only in staggered fashion as set forth in the notice beginning on Monday, October 2, 2017, with significant portions set to take effect months later after further review or, per the FCC’s decision, years in the future. In the interim, depending on the service and situation, existing rules governing renewals and discontinuance will continue to apply. Licensees will certainly want to become familiar with the parts of the Second R&O pertinent to their rules service, whether the licenses were issued on a geographic or site-based basis. Below, we breakdown the time frames in which the rules will take effect: Continue Reading Portions of the FCC’s Recent Wireless License Renewal Order Take Effect Oct. 2nd, but Key Rule Sections Delayed Pending OMB Review