Company Drops Request for Lower 3 GHz Waiver Amid Industry Opposition
North East Offshore is dropping its request for an FCC waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the lower 3 GHz band. The renewable energy company notified the agency that it’s modifying its application to “specify frequencies outside the 3.1-3.3 GHz band, which will eliminate the need” for the FCC to consider a waiver. The request ran into opposition from the wireless and cable industries, which filed comments posted Thursday in docket 24-212. The comments underscore the perceived importance of lower 3 GHz spectrum for 5G and beyond.
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A lawyer representing North East Offshore, which operates a wind farm project, confirmed Thursday that in the company’s view the filing moots the issue with regard to the lower 3 GHz band.
The Wireless Bureau sought comments last month, which were due Wednesday (see 2407160036). Parts of the 3100-3550 MHz band are a top target for carriers as they seek additional spectrum for full-power licensed use. The freeze has existed since 2019.
In seeking the waiver in a March universal licensing system application, North East Offshore suggested there are “no indications that either the FCC or NTIA is considering reallocating” the 3.1-3.3 GHz part of the band. The company also noted that its proposed use is more than 40 kilometers off the U.S. coast, “far removed from terrestrial operations” in the band. The company sought the waiver for a proposed radar and bird monitoring system.
CTIA said the FCC must reject the waiver request as the administration studies the band as part of the national spectrum strategy. “NTIA and DOD, in partnership with academia and the commercial wireless industry, have efforts underway to define these studies.” Given the “ongoing, comprehensive evaluation, grant of the Waiver Request is not in the public interest,” CTIA said.
“Spectrum below 3.45 GHz is a worldwide target for 5G and beyond, and it continues to be of significant interest in the United States,” CTIA told the agency. The World Radiocommunication Conference last year added a mobile allocation to the 3.3-3.4 GHz segment in Region 2, the Americas region, the group said: That means “there is an opportunity for harmonized use of the lower 3 GHz band for 5G International Mobile Telecommunications across the Americas, Europe, the Middle East, and Africa.”
While the FCC “has taken no further action to reallocate the 3100-3450 MHz band, the band remains a focus for potential commercial use,” T-Mobile said. The continuing focus on lower 3 GHz spectrum isn’t a surprise, T-Mobile said: Carriers need more mid-band spectrum “for next-generation wireless services and technologies, and the Commission should designate as much of the Lower 3 GHz Band as possible for exclusive-use licenses to promote U.S. leadership in the deployment of future wireless networks.” T-Mobile noted that the FCC sought comment on the offshore use of spectrum in 2022 but has taken no further action (see 2209020052).
The lower 3 GHz band is “of contemporary and critical importance for 5G and future generations of connectivity,” NCTA said. Given the lack of available greenfield spectrum, “work to develop a sharing regime in the 3100-3450 MHz band must continue without delay or disruption to the spectral environment."