Licensing and Operating Rules; Regulatory Issues
113. We are proposing licensing and operating rules that will provide AWS-3 licensees with the flexibility to provide any fixed or mobile service that is consistent with the allocations for this spectrum. Specifically, we are seeking comment on the appropriate license term, criteria for renewal, and other licensing and operating rules pertaining to the AWS-3 band. In addition, we seek comment on the potential impact of all of our proposals on competition. In addressing these issues, commenters should discuss the costs and benefits associated with these proposals and any alternative that commenters propose.
114. Assignment of Licenses. The Spectrum Act states that the Commission shall grant new initial licenses for the 1695-1710 MHz and 2155-2180 MHz bands, and 15 additional megahertz of contiguous spectrum to be identified by the Commission, through a system of competitive bidding pursuant to section 309(j) of the Communications Act. Additionally, for all AWS-3 bands, including 1755-1780 MHz and 2020-2025 MHz, we propose to license on a geographic area basis, which will permit the acceptance of mutually exclusive applications. As such, we propose to resolve all AWS-3 applications and assign licenses through competitive bidding consistent with our statutory mandate. We seek comment in paragraphs 148-158 below on our proposals regarding the competitive bidding rules that would apply to license assignments in these bands.
115. Flexible Use. Consistent with the Spectrum Act's mandate to license under flexible use service rules, we propose service rules that permit a licensee to employ the spectrum for any non-Federal use permitted by the United States Table of Frequency Allocations, subject to the Commission's part 27 flexible use and other applicable rules (including service rules to avoid harmful interference). Part 27 licensees must also comply with other Commission rules of general applicability. Thus, we propose that the spectrum may be used for any fixed or mobile service that is consistent with the allocations for the band. If commenters think any restrictions are warranted, they should describe why such restrictions are needed, quantify the costs and benefits of any such restrictions, and describe how such restrictions would comport with the statutory mandates of section 6401 of the Spectrum Act.
116. Regulatory Framework: Consistent with the proposed flexible use of the AWS-3 band, we also propose licensing the spectrum under the flexible regulatory framework of part 27 of our rules. Unlike other rule parts applicable to specific services, part 27 does not prescribe a comprehensive set of licensing and operating rules for the spectrum to which it applies. Rather, for each frequency band under its umbrella, part 27 defines permissible uses and any limitations thereon, and specifies basic licensing requirements. We believe that our part 27 rules are consistent with the Spectrum Act's requirement for "flexible-use service rules." We seek comment on our proposal to license the AWS-3 band under part 27 service and licensing rules, and any associated costs or benefits of doing so.
117. Regulatory Status: We propose to apply the regulatory status provisions of
Most Popular Stories
- 2014 Will Be 'Breakthrough Year' for U.S., Obama Says
- Target Overwhelmed by Worried Customers
- Congress Ends Turbulent Year with Approving IRS Chief
- First Family Arrives for Hawaiian Island Holiday
- Covered California Lags on Hispanic Enrollment
- Renewable Energy Group to Acquire Syntroleum
- Ally Financial Settles Auto Loan Suit
- Climate Change Isn't an Equal Opportunity Destroyer
- Kanye, Kardashians and Other Kooks: A Wacky, Tacky, Entertaining Year
- Luis Suarez Re-ups With Liverpool F.C.