Communications Advisory Bulletin
FCC Now Accepting Applications for Non-Exclusive
3.6 GHz Wireless Licenses
Interference-protection equipment required, WiMAX
use limited; spectrum most applicable to smaller markets
By Theresa
Cavanaugh and Chris
Fedeli
[December 2007]
In mid-November, the FCC began accepting applications for non-exclusive,
nationwide licenses in the 3650-3700 MHz band. First adopted in
2005, this licensing scheme is being implemented as a hybrid of
the traditional exclusive licensing regime—in which only one
party is authorized to use wireless frequencies in any given area—and
the unlicensed model (currently applicable to the 2.4 GHz band),
in which certain spectrum bands may be used by any party, without
FCC notice or approval. A significant difference for new licensees
of the 3.6 GHz spectrum is the required use of interference-avoiding
equipment.
Entities wishing to deploy services in the 3.6 GHz band are required
to: 1) obtain an FCC license, 2) research third-party transmissions
in the area where they want to deploy services, in order to minimize
harmful interference to other operations, 3) register each fixed
point-to-point or base station with the FCC, and 4) use Commission-approved
wireless equipment supporting “contention-based” transmission
protocols.
Contention-based protocol equipment is designed to avoid electrical
interference with nearby third-party transmissions operating on
or near the same wireless frequency band, using technology that
monitors or senses other transmissions and ensures that more than
one party can use the same frequencies in proximate areas without
interfering with other signals. Under the FCC’s new approach
for licensing this band, 3.6 GHz band licensees will not enjoy the
same interference protections of exclusive-use wireless licensees,
but the FCC’s requirement that the spectrum be used with interference-avoiding
equipment will provide for greater protection than is currently
available to unlicensed spectrum users.
The 3650-3700 MHz band currently is used by grandfathered fixed-satellite
and radiolocation-service operations, which will continue to use
these frequencies. These grandfathered operations likely will prevent
new use of this band in many major U.S. population centers, making
the spectrum most useful to rural and smaller market broadband wireless
operations.
Significantly, for parties interested in using this band to deploy
broadband wireless services using the WiMAX last-mile wireless standard,
the Commission determined that to the extent WiMAX-compatible equipment
(or other equipment) uses restricted contention protocols that detect
interference only from other WiMAX-compatible transmissions, those
uses may only be licensed in the lower 25 MHz of the band—3650-3675
MHz. One manufacturer recently announced that it is offering FCC-compliant
base-station equipment with the WiMAX transmission standard for
use in this band. Use of the full 50 MHz of spectrum available will
be licensed to operators using unrestricted contention-based protocols
only.
For questions about, or for assistance in,
obtaining an FCC license to use the 3650-3700 MHz band, please contact:
This advisory is a publication of Davis Wright Tremaine LLP. Our
purpose in publishing this advisory is to inform our clients and
friends of recent legal developments. It is not intended, nor should
it be used, as a substitute for specific legal advice as legal counsel
may be given only in response to inquiries regarding particular
situations. Attorney advertising. Prior results do not guarantee
a similar outcome.
Copyright © 2007, Davis Wright Tremaine LLP.
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