The next-generation of wireless technologies – known as 5G – is
here. Not only is it expected to offer network speeds that are up
to 100 times faster than 4G LTE and reduce latency to nearly zero,
it will allow networks to handle 100 times the number of connected
devices, revolutionizing business and consumer connectivity and
enabling the “Internet of Things.” Leading policymakers -
federal regulators and legislators – are making it a top priority
to ensure that the wireless industry has the tools it needs to
maintain U.S. leadership in commercial 5G deployments. This blog
provides monthly updates on FCC actions and Congressional efforts
to win the race to 5G.

Regulatory Actions and Initiatives

Mid-Band Spectrum

• The FCC grants additional licenses for 2.5 GHz band spectrum to
  Tribal entities and encourages others to resolve overlapping
  applications.
  
  • On September 22, 2021, the FCC’s Wireless
    Telecommunications Bureau (“WTB”) released a Public Notice announcing that an additional 20
    applications filed during the 2.5 GHz band Rural Tribal Priority
    Window have been accepted for filing. A list of the applications,
    sorted by file number, is available in Attachment A, and a list of the same
    applications, sorted by applicant name, is available in Attachment B. Petitions to deny are due October
    22, 2021.

  
  

  • In addition, the WTB released a Public Notice encouraging Rural Tribal Priority
    Window applicants to resolve any mutual exclusivity issues where
    there is some amount of common geographic area and spectrum overlap
    with other applicants. The WTB notes that where applicants are
    unable to voluntarily resolve mutual exclusivity, the FCC is
    statutorily required to award the licenses through auction.

  
  

  • On September 30, 2021, the WTB released an Order granting a waiver request submitted by
    Tolowa Dee-ni’ Nation (“TDN”) regarding the
    definition of eligible Tribal lands for purposes of the 2.5 GHz
    Rural Tribal Priority Window. Grant of the waiver will allow TDN to
    provide service on two parcels immediately adjacent to 160 acres of
    reservation land on the Smith River Rancheria in northwest Del
    Norte County, California.




• The FCC takes additional action to protect federal incumbents
  operating in 3.5 GHz band spectrum.
  
  • On September 29, 2021, the FCC’s WTB and Office of
    Engineering and Technology (“OET”) released a Public Notice approving a request by Amdocs – a
    Spectrum Access System (“SAS”) administrator for the 3.5
    GHz band – to amend its SAS authorization by permitting it to use
    Key Bridge’s Environmental Sensing Capability (“ESC”)
    to protect federal incumbent operations in the band.




• The FCC clarifies the licenses that will be made available and
  bidders qualified to participate in its next auction of mid-band
  spectrum in the 3.45 GHz band.
  
  • The FCC’s WTB and Office of Economics and Analytics
    (“OEA”) released a Public Notice on September 10, 2021, to correct
    an error in its inventory of licenses for the upcoming auction of
    3.45-3.55 GHz (“3.45 GHz”) band spectrum. Specifically,
    the Public Notice clarifies the coordination requirements that will
    apply to both the upper six spectrum blocks and lower four spectrum
    blocks in the Charlottesville, VA Partial Economic Area
    (“PEA”). Previous data showed that the coordination
    requirements apply to all blocks in the PEA.

  
  

  • On September 17, 2021, OEA and WTB released a Public Notice announcing the bidders qualified
    to bid in the 3.45 GHz auction. A list of qualified bidders is
    available here, and a list of bidders not qualified to
    participate is available here. Bidding in the auction began on October 5,
    2021.

  
  

  • Finally, the Public Notice seeking comment on the process
    for selecting a Reimbursement Clearinghouse for the 3.45 GHz band
    transition was published in the Federal Register on September 15, 2021, making
    comments and replies due September 30, 2021, and October 11, 2021,
    respectively.




• The FCC provides opportunities for satellite operators to amend
  their plans for transitioning out of the C-band and provides an
  updated list of earth station operators.
  
  • On September 3, 2021, the WTB released a Public Notice opening a limited window for
    incumbent C-band space station operators to amend their final
    Transition Plans for relocating out of the spectrum. The satellite
    operators had until September 30 to provide any updates to their
    Transition Plans since July. The WTB notes that this was the final
    opportunity for satellite operators to adjust their Transition
    Plans prior to the December 5, 2021, Phase I transition deadline.
    The WTB will provide further guidance about Transition Plan
    amendments related to the December 5, 2023 Phase II transition
    deadline in the future.

  
  

  • On September 15, 2021, the International Bureau
    (“IB”) released a Public Notice with an updated list of incumbent C-band earth stations,
    reflecting changes since the list was last circulated on June 22,
    2021. The list was updated to remove inactive antennas, and it
    reflects a variety of changes, such as address or coordinate
    corrections, registration assignments, and other ministerial
    updates. The list does not include those earth stations for which
    the IB has dismissed applications as not meeting the criteria for
    incumbent status since the June 22, 2021 list.

  
  

  • On September 27, 2021, the IB released a Public Notice with a list of C-band earth stations that reportedly:
    (i) are inactive; (ii) include more antennas than are currently
    operational at a site; (iii) are subject to potentially duplicate
    registrations; or (iv) do not receive in the C-band but instead
    operate on other frequencies. Earth station operators included in
    the list have 90 days – i.e., until December 27, 2021 – to
    affirm that their earth stations are in operation. Failure to do so
    will result in the automatic termination of the operator’s
    earth station authorization (for category (i) above) or a
    determination that the antenna does not qualify for incumbent
    status – and thus interference protection – under the C-band
    transition rules (for categories (ii) through (iv) above). Finally,
    the IB reminds certain earth station operators identified in RSM’s July 14, 2021 filing that if they fail to
    provide the necessary information, they will risk losing their
    rights to receive relocation assistance and operate in the lower
    C-band free from harmful interference.

  
  

  • On September 29, 2021, the WTB released a Public Notice announcing the implementation of
    the FCC’s incremental reduction plan for Phase I Accelerated
    Relocation Payments (“ARP”) and adopting the proposals in
    the Phase I Incremental Reduction Comment Public
    Notice with a few clarifications. Notably, the WTB affirmed
    that a space station operator may amend or refile an incomplete or
    invalid Certification to correct any infirmities without any
    incremental reduction in the ARP if the space station operator does
    so before the Phase I deadline. The WTB also clarified that it will
    only consider remedial action taken by a space station operator if
    the space station operator has memorialized that action in a
    Certification (whether amended or refiled). The Bureau, however,
    stated that the amended or refiled Certification will initiate a
    new challenge process only with respect to aspects that had not yet
    been subject to the initial challenge process.




• The FCC takes a new look at making mid-band spectrum available
  for both public safety and non-public safety uses, including 5G
  services.
  
  • On September 30, 2021, the FCC adopted an Order and Further Notice of Proposed Rulemaking
    on use of the 4940-4990 MHz (“4.9 GHz”) band for public
    safety and potential non-public safety operations. The Order
    vacates the previous rules adopted for the band under the Trump
    Administration that permitted a single statewide entity -
    designated as the State Lessor – to use and lease the 4.9 GHz band
    for non-public safety purposes through a state-by-state leasing
    framework. The Further Notice proposes to establish a nationwide
    framework for coordinating access to the 4.9 GHz band, seeks
    comment on ways to encourage public safety use of 5G services and
    technologies, and considers opportunities for commercial entities
    to use the spectrum. Comments and replies on the Further Notice are
    due 30 days and 60 days, respectively, after publication in the
    Federal Register, which has not yet occurred.

  
  

  • The FCC’s News Release on the item notes that the
    decision protects public safety operations “while increasing
    overall use of the band and putting public safety on a path to
    5G.”

Other Spectrum Issues

• The FCC initiates a proceeding to evaluate spectrum for
  Internet of Things (“IoT”) devices.
  
  • On September 30, 2021, the FCC adopted a Notice of Inquiry seeking comment on the
    current and future spectrum needs of IoT technologies. As required
    by the National Defense Authorization Act for Fiscal Year 2021, the
    Commission seeks comment on: (i) whether adequate spectrum is
    available, or is planned for allocation, for commercial wireless
    services that could support IoT; (ii) if it is not available, how
    to ensure there is adequate spectrum for the growing needs of IoT;
    (iii) what regulatory barriers may hinder the growth of IoT; and
    (iv) how unlicensed operations and licensed spectrum affect the
    growth of IoT. Comments and replies are due November 1, 2021, and
    November 16, 2021, respectively.




• The FCC provides an estimate of upcoming spectrum auctions.
  
  • As required by Congress, the FCC’s OEA released a Public Notice on September 30, 2021, estimating
    which auctions it will conduct over the coming federal fiscal year
    (October 1, 2021 – September 30, 2022). The auctions listed include
    the 2.5 GHz auction, the ongoing 3.45 GHz band auction, and a
    broadcast auction.

5G Networks and Infrastructure

• The FCC provides additional guidance on, and assistance with,
  its program to reimburse providers for securing their networks.
  
  • On September 10, 2021, the FCC’s Wireline Competition
    Bureau (“WCB”) released a Public Notice announcing the establishment of a
    Fund Administrator Help Desk for its program to reimburse providers
    for removing equipment and services that pose a national security
    risk from their networks. The Fund Administrator Help Desk will
    assist the public and interested providers with questions about the
    reimbursement program and the application filing process.

  
  

  • On September 27, 2021, the FCC hosted a webinar on the rip-and-replace reimbursement
    program. The webinar, among other things, provided an overview of
    the program, provider eligibility, and application procedures,
    including a walk through the online application portal.

  
  

  • On September 27, 2021, the WCB released a Public Notice formally announcing that the
    filing window for the Secure and Trusted Communications Networks
    Reimbursement Program will open on Friday, October 29, 2021 at
    12:00 AM ET and close on Friday, January 14, 2022 at 11:59 PM ET.
    In addition, the WCB released a list of Frequently Asked Questions, which it will
    update throughout the program. Finally, the WCB released an infographic with a high-level snapshot of the
    program and upcoming dates and deadlines. According to the
    infographic, applications will be accepted in early Q1 2022 and
    funding allocations will be made in early Q2 2022, at which point
    approved applicants may begin submitting reimbursement
    requests.

  
  

  • On September 30, 2021, the WCB released a Public Notice providing guidance and voluntary
    best practices for companies participating in the Secure and
    Trusted Communications Networks Reimbursement Program to
    efficiently satisfy the FCC’s disposal and verification
    requirements, while also helping to ensure the security of
    sensitive data processed or retained in the covered equipment from
    unauthorized access. The Public Notice also revises certain
    certifications included in the application to participate in the
    Reimbursement Program (FCC Form 5640). Finally, the Public Notice
    corrects certain costs estimates listed in the Cost Catalog of eligible expenses.

In the Courts

• On September 29, 2021, a New York federal judge granted telecommunications provider ExteNet
  Systems, Inc.’s request for injunctive relief to allow the
  construction of a network of small wireless facilities in the
  public rights of way in the Village of Plandome, New York. The
  Court found that the Village’s denial was not supported by
  substantial evidence. With respect to its potential impact on 5G
  deployment, this case represents another court finding that the
  appropriate remedy for an unlawful local obstacle to wireless
  deployment is an injunction ordering the local authority to
  “issue all necessary permits and authorizations . . . to put
  [the telecommunications provider’s] application into
  effect.”

Legislative Efforts

• The House introduces a bill that would make additional mid-band
  spectrum available for commercial use, shared federal use, or a
  combination thereof.
  
  • On September 27, 2021, Chairman Doyle and Representative Matsui
    introduced the Spectrum Innovation Act of 2021, which, if
    enacted, would require the FCC to auction at least 200 megahertz of
    spectrum in the 3.1-3.45 GHz band for commercial use, shared
    federal use, or a combination thereof. The bill would also permit
    the President to modify or withdraw any assignment to a federal
    station in the 3.1-3.45 GHz band after November 30, 2024 in order
    to make the spectrum available for auction, so long as the
    modification or withdrawal will not comprise the primary mission of
    a federal entity operating in the band. The Build Back Better Act, which was introduced by
    Representative Yarmuth on September 27, 2021, contains a subtitle
    with text similar to the Spectrum Innovation Act.

  
  

  • On October 6, 2021, the House Energy and Commerce Committee
    held a hearing entitled “Strengthening Our Communications Networks to Meet
    the Needs of Consumers.” During the hearing, the Committee
    will consider the Spectrum Innovation Act and eleven other bills,
    including the Wireless Resiliency and Flexible Investment
    Act and the Spectrum Coordination Act.

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