ODV:
A quick update on the 3.4 GHz proceeding. Next Wednesday the Commission will meet and take final action, with the written decision being issued soon thereafter – usually within a week.
On Monday I met (by telephone) with the FCC team staffing this decision. Yesterday I followed up with three of the Commissioners’ Legal Advisors who are reviewing the draft decision and will work out any
changes that the Commissioners feel should be made. (And we hope that amateur secondary access is one of the changes that they will consider.)
Our main focus was to emphasize the benefits that derive from amateur use of this spectrum and to put forward the reasons that continued shared use should be permitted. From the discussion it became apparent
that one reason they felt amateurs should be treated differently than experimental licensees – who also operate on a non-interference basis in this spectrum – is staff concern that amateur 3.4 GHz operations are not clearly identified and therefore would be
hard to find if interference occurs or coordination with the primary user needed to prevent interference. After quite a bit of discussion, I referred them to 97.303(g) as an existing amateur rule that could be used to guide a notification requirement, if
they felt one is needed, and the follow-up discussion indicated that this new information and helpful, and would be given serious consideration.
The discussions with each of the Commissioners’ legal advisors went well, but were more general in nature. In this regard, the Amateur Television Network filed an effective email with Commissioners that included
a letter from the California Governor’s Office of Emergency Services (CALoes) describing the radio amateur contributions and specifically calling out the need for 3 GHz and why other bands are not sufficient.
Finally, please note that the proceeding is now closed. Do not solicit any contact with the FCC – all contact on these matters is prohibited
from now until a final Report and Order / Further Notice of Proposed Rulemaking is released, and anyone inquiring should be told this. There can be no calls, emails, or filings at the FCC with regard to the issues under
consideration. Please make this clear to anyone who may contact you about submitting comments.
The publicly-filed accounts of the meetings described above are at these links:
ARRL: 9/23 Meetings with FCC Commissioner Legal Advisors 3.4 GHz Proceeding
ARRL: 9/21 Meeting with FCC Staff Team 3.4 GHz Proceeding
The communication from ATN is here:
Please feel free to let me know of any comments.
73, Dave K3ZJ
David R. Siddall
Managing Partner
DS Law, PLLC
direct: +1 202 559 4690
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