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FCC

RIN: 3060-AI50

Publication ID: Fall 2008

Title: Unlicensed Operation of the 3650-3700 Band (ET Docket No. 04-151)
Abstract: The notice of proposed rulemaking proposed to maximize the efficient use of the 3650-3700 MHz band. The proposal would allow unlicensed devices to operate in either all, or portions of, this radiofrequency (RF) band under flexible technical limitations with smart/cognitive features that should prevent interference to licensed satellite services. The proposal fostered the introduction of new and advanced services to the American public, especially in rural areas. The Report and Order adopted rules that provide for nationwide, non-exclusive, licensing of terrestrial operations, utilizing technology with a contention-base protocol, in the 3650-3700 MHz band. The Commission also adopted a streamlined licensing mechanism with minimal regulatory entry requirements that will encourage multiple entrants and stimulate the rapid expansion of wireless broadband services-especially in rural American and will also serve as a safeguard to protect incumbent satellite earth stations from harmful interference. In the Memorandum Opinion and Order, the Commission addressed several petitions for reconsideration and an emergency motion for stay that were filed in response 3650 MHz Allocation Order in ET Docket No. 98-237. In light of its full review of the refreshed record in this proceeding, and in light of the decisions made in the companion Report and Order, the Commission denied the aspects of the petitions that challenge and seek to reverse the allocation decisions made in the 3650 MHz Allocation Order. The Commission denied the motion for stay. When the Commission established the November 30, 2000, filing deadline, it did so because it found that additional new FSS facilities permitted by the Freeze Memorandum Opinion and Order could affect the use of the 3650-3700 MHz band by the terrestrial services. By deciding in this Order to maintain the FSS allocation changes made in the 3650 MHz Allocation Order, the Commission, reaffirmed its conclusion that allowing additional primary FSS earth stations in the 3650 MHz band could negatively affect the prospects for viable FS/MS terrestrial operations. The Memorandum Opinion and Order addressed petitions for reconsideration filed in response to the Commissions Report and Order relating to the 3650-3700 MHz band (3650 MHz band) proceeding. The Commission affirmed its previous decisions to create a spectrum environment that will encourage multiple entrants and stimulate the expansion of broadband service to rural and under served areas. To facilitate rapid deployment in the band, the Commission maintains the previously adopted, non-exclusive licensing scheme. The clarification and modification will facilitate operation of the widest variety of broadband technologies with minimal risk of interference in both the near and long terms. They should further reduce the potential for co-channel interference, provide additional protections to the multiple users in the band under the current licensing regime, and create incentives for the rapid development of broadly compatible contention technologies.
Agency: Federal Communications Commission(FCC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 47 CFR 15
Legal Authority: 47 USC 154

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	05/14/2004	69 FR 26790
R&O & MO&O	05/11/2005	70 FR 24712
MO&O	07/25/2007	72 FR 40767
Next Action Undetermined	To Be Determined

Additional Information: ET Docket No. 04-151
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, State
Small Entities Affected: Businesses, Governmental Jurisdictions
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Jeffrey Dygert Electronics Engineer Federal Communications Commission 445 12th Street SW., Washington, DC 20554 Phone:202 418-7300 Email: jeffrey.dygert@fcc.gov