In a recently published Notice of Proposed Rulemaking (NPRM), the FCC has proposed a major overhaul of the rules governing use of the Upper Microwave Spectrum. The notice proposes rules designed to encourage more intensive use in the bands collectively known as the Upper Microwave Flexible Use Service (UMFUS) bands, which are jointly shared by terrestrial wireless providers and satellite operators pursuant to section 25.136 of the FCC’s rules. The NPRM seeks comment on whether to allow UMFUS licensees and Fixed-Satellite Service (FSS) operators to negotiate voluntary agreements for coordinated use of spectrum in the UMFUS bands.
When the FCC created the section 25.136 framework in 2016, it did so with the expectation that UMFUS bands would be used intensely as part of terrestrial 5G networks and that earth station deployment in the bands would be relatively minimal. But, as interest in use of the UMFUS bands for FSS has increased, the 25.136 requirements have become an impediment to processing earth station applications in the bands. For this reason, the FCC proposes a revised framework aimed at promoting more intensive use of the Upper Microwave Spectrum.
The proposed frameworks include an Automated Interference Analysis/Light Licensing model and a Dynamic Spectrum Sharing model. The Light Licensing model would use an automated database to classify earth station registrations based on real-time interference analysis. And the Dynamic Spectrum Sharing model would allow multiple entities to simultaneously use the same spectrum based on demand.
The proposal seeks comment on these revisions to UMFUS protection criteria outlined in section 25.136. It also seeks comment on broadening the definition of earth station collocation and altering frequency coordination requirements. Finally, the proposed revisions would change or eliminate the limits on the population that can fall within the location or protection zone of an earth station.
Overall, the NPRM seeks to streamline and simplify the licensing application process, while enabling increased use of spectrum in the UMFUS bands. In addition to the steps outlined above, the NPRM proposes to reduce administrative burdens by adopting safe harbors or de minimis exceptions with respect to certain criteria in section 25.136. Initial comments on the NPRM will be due 30 days after its publication in the Federal Register.