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FiberTower to Return Some Licenses, Ending Dispute With FCC, as AT&T Eyes 5G

FiberTower agreed to return all of its 24 GHz licenses and part of its 39 GHz licenses to the FCC, in an agreement that settles FCC litigation. AT&T is buying FiberTower, with an interest in its high-frequency spectrum (see 1702010035).…

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As part of the deal, FiberTower promised to terminate two court proceedings and pay $27 million to the U.S. Treasury. “This case presents a series of unique circumstances, which, when taken together, demonstrate that a waiver is in the public interest,” said a Wireless Bureau order in Monday's Daily Digest. “With the return of all of FiberTower’s 24 GHz licenses and the settlement of litigation, the 24 GHz band will be virtually clear of licenses and can be made available for initial licensing, enabling rapid deployment of 5G and next generation wireless services nationwide.” The return of 39 GHz “will assist in rebanding the 39 GHz band,” the bureau said. "Millimeter wave spectrum is important to our 5G strategy, and we expect to be the first U.S. company to introduce mobile 5G in a dozen markets by late 2018," an AT&T spokesman said. T-Mobile said in a statement Monday the order is disappointing. The FCC “is rewarding AT&T and Fibertower for Fibertower’s failure to construct,” emailed Steve Sharkey, vice president-government affairs. “This decision weakens the Commission’s ability to enforce its buildout requirements and further consolidates millimeter wave spectrum in the hands of AT&T and Verizon without a competitive auction.”