On March 10, 2005, the Commission adopted a Report and Order, FCC 05-56 (pdf
), establishing service rules to open the 3650 MHz band for terrestrial fixed and mobile wireless broadband operations. In the Memorandum Opinion and Order, FCC 07-99 (pdf
), adopted on May 22, 2007, the Commission addressed petitions for reconsideration of the Report and Order
by affirming the rules and policies adopted in 2005 while at the same time ensuring that incumbent, grandfathered Earth stations and Federal radiolocation stations in this band are protected from harmful interference.
The Commission adopted a flexible and innovative regulatory framework for the 3650-3700 MHz band that would not require traditional frequency coordination among non-Federal users with the exception of incumbent Fixed Satellite Service Licensees (FSS). These rules involve minimal regulatory burdens to encourage multiple entrants and to stimulate the rapid expansion of broadband services, especially in America's rural heartland.
A license for the 3650-3700 MHz Radio Service will consist of a non-exclusive nationwide license
, combined with fixed and base station registration
All interested parties must have a non-exclusive nationwide license prior to registering a fixed or base station. Mobile and portable stations, which are typically used by consumers, i.e., end users or subscribers, do not require a separate license and do not have to be registered in ULS.
The non-exclusive nationwide license does not authorize operation until each base or fixed station is registered and in an “Accepted” status and the nationwide license is updated on ULS.
The registration process will also facilitate protection of grandfathered, incumbent stations from interference. There are two types of grandfathered, incumbent stations that new 3650 MHz band licensees must protect: non-Federal and Federal.
Non-Federal. Absent an agreement between the relevant licensees, new terrestrial stations are prohibited (and thus base and fixed stations can not be registered) within 150 km circular protection zones established around each grandfathered Fixed Satellite Service (FSS) Earth station.
Requests to register base or fixed stations within 80 km circular protection zones established around each of three Federal Government radiolocation stations will only be approved upon successful coordination by the FCC with NTIA. Rule Section 90.1331 outlines the protection requirements for the three federal government radiolocation stations at St. Inigoes, MD 38 10 00 N 76 23 00 W; Pascagoula, MS 30 22 00 N 88 29 00 W; and Pensacola, FL 30 21 28 N 87 16 26 W. Note: Licensees should also determine if there are any nearby Federal Government radar systems operating in adjacent bands that could affect their operations by consulting NTIA TR-99-361.
Applicants for non-exclusive nationwide licenses are encouraged to electronically file FCC Form 601 using the Universal Licensing System (ULS)
. To file using ULS:
- Go to ULS and select Online Filing. Enter your FCC Registration Number (FRN) and password.
Applicants must have an FRN in order to file applications and to register fixed and base station locations in ULS. If the applicant does not have an existing FRN, the applicant must register
and obtain an FRN prior to filing the license application.
- Select the purpose of the application as New (NE). On the following page specify that you are filing an application in the Wireless Broadband Services in the 3650-3700 MHz Band (Radio Service code NN) (See ULS Filing Purposes).
- The applicant should then continue to follow the online prompts to complete the application.
Applicants for non-exclusive nationwide licenses will be required to file FCC Form 601 Main Form.
Because the non-exclusive nationwide license serves as a prerequisite for registering fixed and base stations, an applicant will receive a single license for the entire bandwidth of the 3650 MHz band (i.e.
, 3650-3700 MHz).
Applicants seeking to operate under more than one regulatory status may file one application for common carrier regulatory status and a second application for non-common carrier and/or private, internal regulatory status. See the example described in Notice to Common Carriers
. Once filed, applications are assigned file numbers and all applications (and major amendments thereto) that are accepted for filing are listed on the Bureau’s Site Based Accepted for Filing PN
under the Site-based section.
See Public Notice DA 07-4605 (pdf
) for further information.
Filing and Regulatory Fees
The 3650 MHz band is licensed as a land mobile service, under Part 90 of the FCC’s Rules, for non-exclusive wireless operations on a Commercial Mobile Radio Service (CMRS) basis and/or on a Private Mobile Radio Service (PMRS) basis. The Commission’s rules exempt certain applicants from filing and/or regulatory fees.
The Commission adjusts filing and regulatory fees periodically as required by several statutes. Applicants and licensees must check the Wireless Telecommunications Bureau Fee Filing Guide
for current fees and mailing instructions for your application. Nonexempt applicants for nationwide non-exclusive licenses in the 3650 MHz band will be subject to application filing and regulatory fee categories as follows
- New PMRS non-exclusive nationwide license applications: fee type code PALR.
Note: An application for authorization to provide common carrier radio service (Main Form Item 41), mobile radio service (Main Form Item 42), and service interconnected to the public telephone network (Main Form Item 43) should be filed using the PALM fee type code even if the application also seeks authority for non-common carrier radio service and/or private, internal communications (Item 41) and/or for fixed operation (Item 42).
New CMRS non-exclusive nationwide license applications: fee type code PALM.
Modification of PMRS or CMRS non-exclusive nationwide license applications: fee type code PALM.
PMRS or CMRS Assignments of Authorization: fee type code PALM.
PMRS or CMRS Transfers of Control applications: fee type code PATM.
Individual transmitter location registrations on ULS are not subject to filing fees.
For further information, see the Wireless Telecommunications Bureau Fee Filing Guide
or refer to the Procedures Public Notice
DA 07-4605 (pdf