Upper C-Band NPRM Includes Questions Not Posed in Draft
The two major differences between the draft and final versions of the FCC's NPRM on rules for an upper C-band auction were questions about a potential tribal window for the spectrum and about future satellite and other uses. Commissioners approved the notice 3-0 at Thursday's meeting (see 2511200046), where the changes were discussed. The final NPRM was posted in Monday’s Daily Digest.
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The FCC had been under some pressure to at least examine a tribal window (see 2511170055). During the first Trump administration, the agency made 2.5 GHz spectrum available to the tribes prior to an auction of those licenses (see 2001140059).
The final version includes a paragraph on tribal issues not in the draft. In the upper C-band notice of inquiry, the commission “sought comment on steps the Commission could consider to promote connectivity in historically unserved or underserved areas, citing in particular the Commission’s earlier Tribal licensing window in the 2.5 GHz band,” the NPRM says. “Mindful of our ‘baseline proposition’ to adopt rules that mirror those in the Lower C-band to the greatest extent possible, we seek further comment on these issues here -- specifically on the feasibility of conducting a pre-auction or concurrent Tribal licensing window while satisfying our legal requirement under [the reconciliation law] to assign licenses in the Upper C-band through a system of competitive bidding by July 4, 2027.”
Unlike the 2.5 GHz rules, the FCC is “not proposing to reconfigure and auction the Upper C-band for terrestrial wireless use in Alaska or Hawaii, nor is there a pre-existing and mature equipment ecosystem to facilitate Tribal licensee deployments and use of the spectrum in the near term,” the NPRM notes.
The final version also adds a few sentences to a finding that the FCC shouldn’t allow additional satellite or other uses in the upper C band at this time. In the NOI, the FCC “received sparse record evidence" on the issue, "particularly with respect to potential impacts on incumbent in-band and adjacent band services,” the final version says. "We encourage technical specificity on how next generation satellite services could potentially coexist with incumbent or new operations in the 3.98-4.2 GHz or 4.2-4.4 GHz bands after the Upper C-band transition is complete.”
In addition, the FCC released a protective order Monday addressing “competitively sensitive materials” filed on the record in the C-band proceeding. “While we are mindful of the sensitive nature of some of the information involved, we are also mindful of the general right of the public, and our desire for the public, to participate in this proceeding in a meaningful way,” the Wireless Bureau order said. It limits the type of information that can be classified as highly confidential and provides rules for limiting access.
Among the data subject to protection is “detailed or granular information about specific equipment or network facilities and operations, including capacity, engineering information, and information related to equipment purchases or construction costs,” as well as information “that discusses in detail current or future technology implementation or deployment plans and strategies.”