The FCC recently took a major step in promoting deployment of 5G networks in rural and hard-to-serve areas by adopting a Report and Order establishing the 5G Fund for Rural America (5G Fund) support program. The program, which is effectively the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (RDOF), will offer up to $9 billion over ten years to support the deployment of mobile voice and 5G broadband in these areas. It replaces Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about the accuracy of wireless coverage data reported by carriers, which was meant to determine which areas are eligible for funding. Half of the 5G Fund budget also comes from repurposing the $4.53 billion that the Commission had originally allotted for 4G LTE deployments under Mobility Fund Phase II. The 5G Fund auction may not occur until 2023 because the Commission opted to wait until it can collect new data on existing deployments to identify areas eligible for support. In the meantime, recipients of legacy mobile high-cost support will be required to start using those funds for 5G networks beginning in 2021.

Continue Reading FCC Creates Framework to Fund 5G Deployments in Rural Areas

The FCC plans to create a new “5G Fund” offering up to $9 billion over ten years to support the deployment of wireless broadband and voice services in rural and other hard-to-serve areas. Under a Notice of Proposed Rulemaking (“NPRM”) adopted at the FCC’s April meeting, the 5G Fund would operate as the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (“RDOF”) approved earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about reported coverage data. The NPRM proposes awarding funding through auction in two phases. Phase I would provide up to $8 billion in support, with $680 million reserved for deployments on Tribal lands. Phase II would provide up to $1 billion (plus any funding remaining after Phase I) for deployments for precision agriculture and particularly hard-to-serve areas like farms and ranches. The 5G Fund would exclude areas covered by the recently-approved T-Mobile/Sprint merger, which included a commitment to serve 90% of rural Americans within six years. The NPRM is just the first step towards launching the 5G Fund and presents an opportunity for all stakeholders to provide their input on the fundamental policies and procedures the will govern the new program.

Continue Reading FCC Proposes 5G Fund for Rural Wireless Networks, But Timing Remains Uncertain

As the flurry of coronavirus-related actions continues, the FCC plans to return to “bread and butter” policy areas of spectrum and rural 5G deployment at its next meeting scheduled for April 23, 2020. First, the FCC plans to move forward on its proposal to open up 6 GHz band spectrum (5.925-7.125 GHz) for unlicensed use by smartphones, IoT devices, and other technologies. The FCC would allow standard-power unlicensed operations in certain band segments, subject to controls designed to avoid interference with incumbent microwave, cable, and satellite operators. The FCC also would permit lower-power unlicensed operations across the entire band, but only for indoor uses. Second, the FCC would consider a Notice of Proposed Rulemaking to seek public input on a “5G Fund” offering up to $9 billion over ten years through an auction to support deployment of wireless broadband and voice services in rural and other hard-to-serve areas. The 5G Fund would represent the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund adopted earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed after questions arose about reported coverage data. Finally, the FCC would update its orbital debris mitigation requirements to mandate additional disclosures and incorporate new inter-agency standards.

Running the gamut from rural networks to outer space, the FCC’s April agenda will impact service providers across the industry. Consequently, stakeholders should closely examine the deployment and funding opportunities presented in the FCC’s proposals. You will find more information on the key April meeting items after the break:


Continue Reading FCC Plans to Open Up 6 GHz Band for Unlicensed Use, Propose $9 Billion Rural Mobility Fund, and Address Orbital Debris at April Meeting

As COVID-19 has reached pandemic levels, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and what they mean for communications service providers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business. Subscribe to receive these alerts.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


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