Sections 96.17; 96.21; 96.23; 96.25; 96.33; 96.35; 96.39; 96.41; 96.43; 96.45; 96.51; 96.57; 96.59; 96.61; 96.63; 96.67, Commercial Operations in the 3550-3700 MHz Band

On October 24, 2018, the Commission released a Report and Order, FCC 18-149 in GN Docket No. 17-158, adopting limited changes to the rules governing Priority Access Licenses (PALs) in the 3550-3700 MHz (3.5 GHz) band, including larger license areas, longer license terms, renewability, and performance requirements. The Commission anticipated that the targeted changes made in its 2018 Report and Order will spur additional investment and broader deployment in the band, promote robust and efficient spectrum use, and help ensure the rapid deployment of advanced wireless technologies—including 5G—in the United States. The rule changes and information requirements contained in the Commission’s previous 3.5 GHz band orders—the 2015 Report and Order, FCC 15-47, and 2016 Order on Reconsideration and Second Report and Order, FCC 16-55, both in GN Docket No. 12-354—are also approved under this Office of Management and Budget (OMB) control number (3060-1211) and have not changed since OMB last approved them. Please see the previous OMB approvals for this collection to identify what else is covered by this collection. This supporting statement discusses only the performance requirements from the 2018 Report and Order. The Commission seeks approval from OMB for the information collection requirements contained in the 2018 Report and Order, FCC 18-149, stemming from the changes made to section 96.25(b) of it rules. The Commission revised section 96.25(b) to adopt performance requirements for Priority Access Licensees. Specifically, under the revised rule, Priority Access Licensees must provide substantial service in their license area by the end of the initial license term, i.e., at the end of 10 years. “Substantial service” is defined as service which is sound, favorable, and substantially above the level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license without further Commission action, and the licensee will be ineligible to regain it. Licensees shall demonstrate compliance with the performance requirement by filing a construction notification with the Commission in accordance with section 1.946(d) of the Commission’s rules. The licensee must certify whether it has met the performance requirement, and file supporting documentation, including description and demonstration of the bona fide service provided, electronic maps accurately depicting the boundaries of the license area and where in the license area the licensee provides service that meets the performance requirement, supporting technical documentation, any population-related assumptions or data used in determining the population covered by a service to the extent any were relied upon, and any other information the Wireless Telecommunications Bureau may prescribe by public notice. A licensee’s showing of substantial service may not rely on service coverage outside of the PAL Protection Areas of registered Citizens Broadband Radio Service Devices (CBSDs) or on deployments that are not reflected in Spectrum Access System (SAS) records of CBSD registrations.

The latest form for Sections 96.17; 96.21; 96.23; 96.25; 96.33; 96.35; 96.39; 96.41; 96.43; 96.45; 96.51; 96.57; 96.59; 96.61; 96.63; 96.67, Commercial Operations in the 3550-3700 MHz Band expires 2023-03-31 and can be found here.

Commercial Operations in the 3550-3650 MHz Band

Federal Enterprise Architecture: General Government - Central Fiscal Operations