The Federal Communications Commission’s (“FCC” or Commission”) Notice of Proposed Rulemaking and Order (“NPRM”), seeking comments on its proposals to increase broadband service utilizing the 896–901/935–940 MHz spectrum band (“900 MHz Band”), has recently been published in the Federal Register, which sets the comment deadlines. Comments are due by May 16, 2025, and reply comments are due no later than June 16, 2025. Specifically, the Commission proposes to realign the 900 MHz Band to create a 5/5 MHz broadband segment (i.e., two 5 MHz paired channels with the 896-901 range used for uplink, and the 935-940 MHz range applied for downlink) that would be available on an optional and voluntary basis in counties where broadband promoters and incumbent licensees reach private agreements to do so.
Background
Until 2020, the 900 MHz Band was used solely for narrowband land mobile communications services. In 2020, the FCC adopted rules to transition use of the band from exclusively narrowband use to combined narrowband and broadband use, mainly through voluntary, private agreements between existing license holders. The 900 MHz Band is currently split between a 3/3 MHz broadband segment and two narrowband segments totaling 4 MHz. Since the FCC began accepting 900 MHz license applications in 2021, more than 130 counties in the U.S. have transitioned to a 900 MHz broadband segment.
Proposed Changes to 900 MHz Band
The Commission’s proposed realignment of the 900 MHz Band will enable broadband deployment across the entire 900 MHz Band through a voluntary, negotiations-based process. Within that framework, the FCC will offer 900 MHz Band licensees three options (depending on certain factors including the type of license held, and the status of transition of the band in a particular county):
- continued narrowband operations across the band;
- continued narrowband operations in the narrowband segment and broadband operations in the 3/3 MHz broadband segment on a county-by-county basis; or
- provide broadband operations throughout the entire band on a county-by-county basis.
The FCC seeks comments on its recommendations for:
- eligibility criteria for 900 MHz licenses;
- application requirements and procedures;
- anti-windfall provisions;
- licensing and operating rules;
- technical requirements; and
- miscellaneous proposals regarding operations and administrative matters.
Band Realignment
The FCC plans to replace the remaining Land Mobile Service allocations in the band with a “Mobile Except Aeronautical Mobile Service” 5/5 MHz allocation on a co-primary basis with the existing services to correspond to the existing 3/3 MHz broadband allocations.
Optional, Negotiations-Based Transition
The Commission proposes that each 5/5 900 MHz broadband license would be obtained as the result of private, voluntary negotiations between the prospective or current broadband licensee(s) and all relevant incumbents. These negotiations will include terms for relocating existing licensees, and further transitioning the band for broadband use. A 5/5 broadband applicant must negotiate a full, voluntary clearing or protection of all incumbents in the current 900 MHz Band’s narrowband segment. A small number of incumbents may be subject to mandatory relocation.
Eligibility for a 900 MHz Broadband License
The FCC recommends that in order to be eligible for a 5/5 MHz broadband license in a county, an applicant must:
- hold licenses for more than 50% of the total amount of licensed 900 MHz spectrum (narrowband or broadband) for the relevant county;
- sufficiently show that, as it pertains to the 3/3 MHz broadband segment (897.5–900.5 MHz/936.5–939.5 MHz), the applicant either: (a) holds a 3/3 900 MHz broadband license in the relevant county; or (b) itself holds, or has reached an agreement to clear through acquisition or relocation, or has demonstrated how it will provide harmful interference protection to, 90% or more of incumbent licensees collectively holding licenses in that segment, in the county and within 70 miles of the county boundary and;
- reached an agreement to clear through acquisition or relocation or demonstrate how it will provide harmful interference protection to, all incumbent licensees collectively holding licenses in the narrowband segments in the county and within 70 miles of the county boundary.
Application Requirements and Procedures
The FCC plans to require 900 MHz license applicants to submit an Eligibility Certification and a Transition Plan as part of the application process.
A Eligibility Certificate must contain information demonstrating that the applicant has met the three eligibility requirements listed above.
A Transition Plan must provide:
- detailed and specific information as to how the applicant will protect incumbents from harmful interference;
- evidence of its existing 900 MHz licenses in the subject county, descriptions of agreements and relocation plans;
- a list of rule waivers needed to implement agreements with incumbents; and
- certification from a frequency coordinator.
All applications that are accepted for filing will be put on public notice, with opportunities for interest parties to file petitions to deny.
Anti-Windfall Provisions
The Commission proposes that a 5/5 MHz broadband applicant will be required to (a) return all narrowband licenses and 3/3 MHz broadband license(s), if applicable, up to ten megahertz, that it holds in the counties in which it seeks licenses; and (b) make a payment to the U.S. Treasury to account for any difference between the amount of spectrum that the applicant surrenders and what will be provided from the Commission’s inventory.
Licensing and Operating Rules
The Commission proposes that 5/5 MHz licenses will be authorizedb for 15 years, with 10-year renewal terms.
A licensee must meet specific performance requirements, i.e., offer reliable service to at least 45% of the population in each of its license areas within six years of the license grant, and to at least 80% percent of the population in each of its license areas within 12 years of the license grant. Alternatively, a licensee may demonstrate that it offers broadband service covering at least 25% of the geographic license area within six years of license grant and covering at least 50% of the geographic license area within 12 years of license grant.
The performance requirements also include to require licensees to deploy broadband technologies and offer broadband services. This requirement can be met if a licensee offers service with the following minimum features: provide 5/5 megahertz 3GPP standard LTE service offering for advanced services, basing its LTE network on 3GPP standard release 8 or a later release.
Technical Rules
The Commission plans to limit effective radiated power (“ERP”) for base and repeater stations to 400 watts/megahertz power spectral density (“PSD”) in non-rural areas and 800 watts/megahertz PSD in rural areas, with maximum permissible power decreasing as the antenna height above average terrain rises above 304 meters. Higher power may be permitted upon a showing that the proposed operations will not cause harmful interference. ERPs for mobile, control, and auxiliary test stations are limited to 10 watts, and portables must not exceed 3 watts.
The FCC also seeks comments on various other proposals concerning:
- out of band emissions limits;
- whether a specific 3GPP standard should apply;
- co-channel separations requirements;
- field strength limits;
- Canada/Mexico border operations;
- whether any segments of the 900 MHz Band should continue to be allocated for narrowband operations, and what should be done to sustain existing narrowband services; and
- whether the freeze on land mobile 900 MHz licenses should be lifted or modified.
The CommLaw Group Can Help!
The CommLaw Group is happy to assist your business with submitting comments in this proceeding, as well as providing guidance on obtaining 3/3 MHz licenses and, once the rules are finalized, 5/5 MHz licenses. We can help with each step of the application process, including negotiations, preparation of Eligibility Certificates and Transition Plans, as well as ensuring that your 900 MHz operations comply with the FCC’s rules.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan Marashlian – Tel: 703-714-1313 / Email: jsm@CommLawGroup.com
Michael Donahue – Tel: 703-714-1319 / Email: mpd@CommLawGroup.com
Ronald E. Quirk – Tel: 703-714-1305 / Email: req@CommLawGroup.com
