I wanted to let you know that in the wake of last month’s Defense Department/FCC agreement on reallocating 3450-3550 GHz, the FCC has scheduled for Sept. 30 action on the 3.3-3.55 GHz proceeding generally. The Chairman spoke about it today. The draft provides for removing all secondary as well as primary operation – including radio amateur uses. What I do not know is the Commission’s proposed timeframe for the removal – immediate, when re-licensed, or what. Tomorrow I will learn that and any other pertinent details. We will, of course, reinvigorate work to oppose this. The one publication that all FCC staffers and Commissioners receive and at least peruse is Communications Daily. I’ve discussed this issue with the editor there and he covered our earlier filing. Tomorrow’s edition prominently notes on page 1 that “Amateur operators raised objections, saying they need the broader 3.3-3.55 GHz for data networks in support of emergency communications”. And indeed, emergency communications use will be our take-off point in opposing this over the next week. The FCC Chairman also described the proposal in a blog posting, the pertinent part of which is extracted below FYI. The current FCC seems to have a real problem understanding the concept of secondary use and wasting spectrum by letting it lie idle. We’ll see what we can do. There are 5 votes for this, Dems and Reps., but that doesn’t mean some change can’t be made. I am making inquiries, but if you have concrete information on use of 3.4 GHz amateur systems related to the forest fires in CA and/or hurricanes in the gulf coast this year, please send it to me ASAP, so that I am sure to have it, thanks. A one-or-two sentence description of what the use was and confirmed use in this band is all that is necessary for each use. FCC CHAIRMAN PAI BLOG EXCERPT Today, 750 megahertz of spectrum in the 2.9–3.65 GHz band is allocated for high-powered defense radar systems. But the average measured occupancy (or use) of the 3450–3550 MHz segment of this band is less than 1% at sites without a significant military presence, according to a study recently completed by the Department of Commerce’s National Telecommunications and Information Administration. In the MOBILE NOW Act<tel:3450%E2%80%933550>, Congress required that the 3100–3550 MHz band be studied for the feasibility of commercial use. In 2018, NTIA identified the 3.45–3.55 GHz band for potential repurposing to spur commercial wireless innovation. And most recently, the White House and the Department of Defense announced last month that this 100 megahertz of contiguous mid-band spectrum should be made available for 5G as quickly as possible. Fortunately, the FCC was already working on ways to maximize use of this spectrum, so we are able to move quickly to do our part to repurpose this mid-band spectrum for commercial 5G. Building on a rulemaking launched in 2019, I have circulated to my fellow commissioners a Report and Order to remove the secondary, non-federal allocations from the 3.3–3.55 GHz band. This is a critical first step toward making the 3.45–3.55 GHz band available for innovative commercial operations while accommodating limited remaining operations by federal incumbents — one we’ll vote on at our next meeting on September 30. We will also vote on seeking comment on further changes to the band to enable future commercial use, such as reallocating the 3.45–3.55 GHz band on a co-primary basis for non-federal fixed and mobile (except aeronautical mobile) services, rules for limited future federal incumbent use of the band, and licensing, operating, and technical rules for commercial operations. Along with the upcoming December C-band auction of 280 megahertz of mid-band spectrum for 5G and the recently completed auction of 70 megahertz of licensed spectrum in the 3.5 GHz band, this new proposal would put the Commission on track to have a 530-megahertz swath (from 3.45 to 3.98 GHz) of mid-band spectrum available for 5G. That’s 5G FAST<https://www.fcc.gov/5G>, to coin a phrase. Dave David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.
