FCC Seeks Comment on Facilitating Access to Unassigned Spectrum

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The FCC’s Wireless Telecommunications Bureau has issued a Public Notice seeking comment on how it should use its current statutory authority, in light of the ongoing lapse of FCC auction authority, to provide access to currently unassigned, auction inventory spectrum in bands previously licensed for wireless services.  Typically, the Commission has used auctions to grant mutually exclusive applications for geographic area licenses to facilitate nationwide wireless broadband coverage.  Without this authority and no indication of when the FCC will be granted auction authority, the WTB is exploring how it should use its existing authority to facilitate access to currently unassigned spectrum for the deployment of advanced wireless services across the country.

The Public Notice proposes three different approaches to address the lack of auction authority: (1) provide spectrum access through dynamic spectrum sharing techniques; (2) provide access through non-exclusive site-based licensing; and (3) lease spectrum inventory licenses.  The Commission seeks comment on each approach and other methods that may be effective in making the unassigned spectrum available to the public.  Comments in response to this Public Notice are due April 8, 2024 and reply comments are due April 22, 2024.

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