FCC Approves Order Opening 37 GHz Band for Shared Use

The FCC made “some adjustments” based on ex parte filings, “including on asking a few additional questions,” said Joel Taubenblatt, acting chief of the Wireless Bureau. Starks said he pressed to add “clearly articulated timelines” to the order to ensure that “valuable spectrum” isn't only “put to use quickly, but also supports as many users as possible ... We need a coordination process that is well understood and predictable.”

A source active in the proceeding said the final text of the FNPRM now apparently asks a series of questions about using a multi-stakeholder group to develop an automated frequency coordination system for the band.

FCC Chairman Brendan Carr said he has pushed to move quickly on wireless issues since taking over in January. “There’s a good reason for prioritizing spectrum early on,” he said. “Freeing up spectrum for commercial use drives down prices for consumers, brings families across the digital divide and promotes America’s national security.”

However, challenges remain, Carr said. The lower 37 GHz band “is a shared band,” meaning “both government and commercial entities are allowed to operate in it, and there are no clear rules of the road for sharing.” The lack of clarity “prevents companies from moving forward with investments and deployments.”

Commissioner Anna Gomez noted that “the work to get to today has been long in the making,” having started in the Biden administration. “The particular circumstances of this band make this initial coordination mechanism innovative, while leaving room for future dynamic spectrum management opportunities,” she said. “I’m pleased to see that the national spectrum strategy process resulted in a good proposal for this band.”

Gomez said the band also underscores the importance of federal agencies collaborating on spectrum. NTIA released the 37 GHz study in December (see 2412030057). The report, developed with DOD, recommended a federal and nonfederal co-primary sharing framework for the lower 37 GHz band. “Today, the Commission voted to establish a new licensing framework for this band, effectively opening up 600 megahertz of spectrum for new commercial services,” an FCC news release said. “The order prioritizes military uses in the 37 to 37.2 GHz portion of the band, establishes coordination processes, and requires licensees start operations within a year of registering a site.”

The lower 37 GHz band “represents a unique opportunity for co-equal sharing between commercial and federal users,” Starry CEO Alex Moulle-Berteaux said in an emailed statement. "Its low-barrier access model will stimulate new innovative services and technologies in fixed, mobile, and IoT applications. Today's action will catalyze new private sector investment in this band, and we are looking forward to continuing to work” with the government “to finalize the coordination details."

The framework for sharing 600 MHz between commercial broadband providers and the military and other federal agencies “is a sign” that the national spectrum strategy “can work to promote coexistence,” emailed Michael Calabrese, director of the Wireless Future Program at New America. “Although sharing will start by using an antiquated process of notification and response that relies on the Universal Licensing System database and FCC staff to mediate, we are hopeful that the further notice includes a path to develop automated frequency coordination in the near future.”

The adoption “of a non-exclusive, nationwide license with coordination procedures to protect federal operations will ensure that this spectrum is used efficiently to connect more Americans to fixed wireless broadband service,” WISPA said in a statement.

The FCC also unanimously approved NPRMs on robocalls, satellite spectrum sharing and updated foreign-ownership rules (see 2504280038).