FCC Approves 3.5 GHz NPRM, Undermines Rules Designed to Promote Rural Deployment

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Oct 24, the Federal Communications Commission voted to approve a Notice of Proposed Rulemaking (NPRM) that will undo years of the FCC’s work to improve wireless deployments in rural areas, close the digital divide, and promote spectrum use by a wide range of users with diverse and innovative business models in the 150 megahertz between 3550-3700 MHz (the 3.5 GHz Band or Band).

Adopting the NPRM is the first step to undermining the FCC’s work in the 3.5 GHz Band, and represents a rare lose-lose-lose scenario in spectrum policy making. The draft NPRM explores expanding the geographic size of 3.5 GHz Band Priority Access Licenses (PALs) from the size of census tracts to Partial Economic Areas (PEAs), extending the license term from three years to 10 years, and to making PALs renewable. Currently, it appears the Commission (thanks to FCC Commissioner Mignon Clyburn) may have resisted its worst impulses and walked back its draft proposal to license all PALs by PEA. However, If eventually adopted as the licensing scheme for the 3.5 GHz Band, the NPRM’s proposals would make licenses unaffordable for rural broadband providers seeking to serve targeted, unserved communities, and other innovative wireless uses (e.g., an Internet of Things network on a corporate campus or distribution warehouse, or a wireless network to serve an airport, shopping center, arena, or stadium), and make it unlikely that the 3.5 GHz Band is actually put to use closing the digital divide in rural America.


FCC Approves 3.5 GHz NPRM, Undermines Rules Designed to Promote Rural Deployment