Recent Developments
Developing a National Spectrum Strategy
2020: In 2020, the FCC, NTIA and DoD began discussions on a possible coordination mechanism that would bring to fruition the innovative co-equal sharing framework envisioned for the Lower 37 GHz band.32 These discussions resulted in the development of a strawman sharing framework, based on first-in user rights. This work is the basis for the two-phase coordination framework described in the FCC Public Notice and its appendices.
2023: In 2023, the FCC adopted a 42-42.5 GHz Notice of Proposed Rulemaking (42 GHz NPRM), including options to combine a sharing framework for both the 42 GHz and 37-37.6 GHz bands.33 The FCC sought comment on “potential synergies” while adopting similar sharing approaches for both bands.34 The 42 GHz NPRM cited suggestions by several commenters that the FCC should base sharing rules for the Lower 37 GHz band with those adopted for the 70/80/90 GHz bands. In response to the 42 GHz NPRM, several commenters stressed the need for a simple sharing framework based on the 70/80/90 GHz coordination rules.35 Others stressed the need for low barriers of entry to the Lower 37 GHz band, referencing a previously submitted sharing proposal to the FCC modeled, in part, on the 70/80/90 GHz coordination rules.36
Also in 2023, prior to its release of the NSS, NTIA opened a public comment period in March 2023 for inputs on several issues, including potential bands for further study. Several responses proposed the identification of the Lower 37 GHz band for study, including a sharing approach that leverages Dynamic Spectrum Management System (DSMS) capabilities.37 Commenters also emphasized the near-term sharing opportunity represented by this spectrum, noting that a database-enabled sharing regime in this band would allow wireless carriers to expand multi-gigabit wireless connectivity while coexisting with Federal operations.38
2024: In 2024, the FCC adopted a Public Notice to develop the record for the Lower 37 GHz band with the goal of informing this report.39 The Public Notice sought additional information on potential uses, including the feasibility of Aeronautical Mobile Service (AMS) in the band.40 The Public Notice proposes a two-phase coordination framework to allow new applicants to coordinate with Federal and non-Federal incumbents.41 The Public Notice also contemplates that the lower 200 megahertz band segment (i.e., 37.0-37.2 GHz) “would be subject to priority use by DoD and military agency departments.”42 The majority of comments filed in response to the FCC’s Public Notice generally support the proposed two-phase coordination framework.
The following section provides an overview of potential use cases for the Lower 37 GHz band, including use cases tied to specific DoD mission needs, and a recommended way forward to enable robust forms of coordinated sharing between Federal and non-Federal users in this spectrum.
32 See NSS at 7 and FCC Public Notice at 2.
33 See FCC, Shared Use of the 42-42.5 GHz Band, Notice of Proposed Rulemaking, 38 FCC Rcd 6362 (2023) (“42 GHz NPRM”).
34 See 42 GHz NPRM at para. 23.
35 See Comments of NCTA – The Internet & Television Association, WT Docket No. 23-158 and GN Docket No. 14- 177 (filed September 29, 2023) at 5.
36 See Comments of Charter Communications, WT Docket No. 23-158 and GN Docket No. 14-177 (filed August 30, 2023) at 7. See also Comments of WISPA – Broadband Without Boundaries, WT Docket No. 23-158 and GN Docket No. 14-177 (filed August 30, 2023) at 11 (“While WISPA proposes using an AFC, the general concept of coordination within a nationwide license is akin to other Part 101 services, specifically for the 70/80/90 GHz bands, and it is conceivable that going forward those bands can migrate to automated coordination as well.”) See also comments of T- Mobile (filed August 30, 2023) at 1 (the FCC “should implement the nationwide non-exclusive licensing framework currently used in the 70/80/90 GHz bands, with a few modifications to ensure that the spectrum will be used efficiently and may be deployed for variety of advanced communications services.”).
37 See Comments of Federated Wireless, “Development of a National Spectrum Strategy,” NTIA Docket Number: 230308-0068, April 17, 2023.
38 See Comments of Charter Communications (filed April 17, 2023), NTIA Docket Number: 230308-0068 (“The FCC and NTIA have been reviewing this band for years, so it is well-positioned to quickly be made available for shared commercial and federal use. This band can provide the high-speed, low-latency services that are being developed for 5G and beyond. A simple licensing regime for the Lower 37 GHz band – modeled on the FCC’s approach in the 70/80/90 GHz bands – would allow commercial operators to use a database to coordinate multiple users, and enable licensed, non-exclusive use of the spectrum without many costly operational obligations.”).
39 See FCC Public Notice.
40 Id at 2
41 Id at 2-3
42 Id at 4