On January 16, 2025, the FCC closed out Jessica Rosenworcel’s term as Chairwoman by releasing a Notice of Proposed Rulemaking (“NPRM”) seeking to expand the use of the 896-901/935-940 MHz (“900 MHz”) band for broadband use. The NPRM builds on the Commission’s 2019 rulemaking, which created a 3/3 MHz broadband allocation at 897.5-900.5/936.5-939.5 MHz and established a process for clearing narrowband incumbents from the band.
The NPRM was released in response to a Petition for Rulemaking filed by ten entities, including Anterix, Inc., which holds the majority of 900 MHz band spectrum in the U.S., and the FCC is now proposing to expand the ability to license broadband not just in the 3/3 MHz segment, but across the entire 5/5 MHz of the 900 MHz band. Eligibility to obtain a 5/5 MHz broadband license would be similar to the eligibility required to obtain a broadband license in the 3/3 MHz segment. Applicants would need to hold more than 50% of the total amount of licensed 900 MHz band spectrum in the county, hold or be eligible to hold the 3/3 MHz broadband license, and clear or protect from interference all covered incumbents from the narrowband segment (896–897.5/935–936.5 MHz and 900.5–901/939.5–940 MHz).
Unlike in the 3/3 MHz broadband segment, the FCC proposes that incumbent relocations from the narrowband segment would be accomplished through a voluntary negotiation process. In the 3/3 MHz segment, the FCC allows a broadband applicant to trigger mandatory negotiations once relocation agreements are reached or interference protection is demonstrated to 90% of covered incumbents (“complex systems” are exempted). The FCC does not propose to establish a narrowband segment mandatory relocation process for applicants seeking a 5/5 MHz license. This is noteworthy because Anterix, as the “presumptive broadband licensee,” has already relocated a number of incumbents from the broadband segment of the band to the narrowband segment, and many incumbents are now concerned about being forced from the spectrum they just relocated to (or are in the process of relocating to). However, the FCC does ask whether it should consider some process to deal with holdouts and also asks whether to modify the complex system exemption.
Also of note, the Commission asks whether to lift or modify the ongoing narrowband licensing freeze for the 900 MHz band. Currently, no applications for new or expanded 900 MHz narrowband operations will be accepted unless the applications pertain to broadband license-related incumbent relocations. The FCC notes that in many areas of the country, there still are no broadband licensees. On the other hand, in other areas with broadband licensees, have relocations concluded such that narrowband licensing can resume? Should the freeze be lifted only with respect to current license holders? Or should any applicant be able to obtain a new license in the 900 MHz band?
Comments and Reply Comments will be due 60 and 90 days, respectively, from the date of the NPRM’s publication in the Federal Register, which has not yet occurred.