2025-04008Proposed RuleWallet

FCC Eyes 900 MHz Shakeup for Faster Broadband Deals

Published Date: 3/17/2025

Proposed Rule

Summary

The FCC wants to make it easier for companies to use the 900 MHz band for faster broadband by letting them negotiate privately to share the space. They’re asking for feedback on updating the rules to support this change and might lift the current freeze on some applications. If approved, this could speed up broadband access with comments due by May 16, 2025.

Analyzed Economic Effects

7 provisions identified: 2 benefits, 5 costs, 0 mixed.

Optional 5/5 (10 MHz) broadband option

The FCC proposes to realign the 900 MHz band to create an optional 5/5 megahertz (a total of 10 megahertz) broadband segment that would be available on a county-by-county basis if applicants and incumbents voluntarily agree. The proposal would designate those segments under part 27 and enable private, market-driven exchanges to authorize 5/5 broadband use in counties.

Strict eligibility and clearing thresholds

To be eligible for a 5/5 license in a county, an applicant must hold more than 50% of licensed 900 MHz spectrum in that county and either hold a 3/3 license or show it has cleared or will protect 90% or more of covered incumbents in the 3/3 segment within the county and within 70 miles of the county boundary; it must also clear or protect all narrowband incumbents in the county and within 70 miles. These numeric thresholds would be used to judge eligibility.

Anti-windfall surrender and Treasury payment

A prospective 5/5 broadband applicant would be required to return all narrowband licenses and any 3/3 broadband license(s) it holds—up to ten megahertz—in the counties where it seeks a 5/5 license, and make a monetary payment to the U.S. Treasury before grant to account for the difference between surrendered spectrum and what is provided from the Commission's inventory. The Commission proposes a one-time adjustment to the anti-windfall calculation for inflation since 2020 and tentatively relies on 600 MHz auction prices for valuation.

Performance deadlines, license terms, and penalties

The Commission proposes 15-year initial 5/5 license terms (and 10-year renewal terms) with performance requirements that begin on grant. A 5/5 licensee would have 12 years to meet the final performance benchmark; failing interim benchmarks can shorten the term (e.g., reduce to 13 years and accelerate final deadline to year 10), and failure to meet the final benchmark would cause automatic termination of the authorization. Licensees that forfeit for failing performance would be barred from regaining the license.

Bureau authority to change the 900 MHz freeze

The Commission delegates authority to the Wireless Telecommunications Bureau (WTB) to modify, lift, or terminate the current freeze on certain 900 MHz applications if the Bureau finds it is needed for efficient spectrum management and in the public interest. The NPRM also asks whether the freeze should be modified to allow applications in places with no incumbents (e.g., MTA-50 Guam, MTA-51 American Samoa).

New application and transition plan obligations

The Commission proposes that 5/5 license applications include an Eligibility Certification and a Transition Plan showing agreements to relocate or protect incumbents in the county and within 70 miles, plus a certification from an FCC‑certified frequency coordinator. Applicants may file a single Transition Plan for multiple counties.

Technical and licensing rule changes (power, OOBE, county areas)

The FCC proposes to apply part 27 licensing and to continue licensing by county (using Census boundaries valid through January 1, 2017). It seeks to apply existing transmitter power limits and out-of-band emission (OOBE) rules to 5/5 operations or consider stricter limits to protect adjacent and narrowband licensees, and to extend current field strength limits to 5/5 licenses.

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Key Dates

Published Date
3/17/2025

Department and Agencies

Department
Independent Agency
Agency
Federal Communications Commission
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