Last month, the FCC issued a Notice of Proposed Rulemaking (“NPRM”) that could revise the agency’s Citizens Broadband Radio Service (“CBRS”) rules in the 3.5 GHz band. The crux of the proposed changes would better protect incumbent federal users and improve the rules for both Priority Access License (“PAL”) holders and General Authorized Access (“GAA”) users. The NPRM was published in the Federal Register earlier this month. Comments are due October 7^th and Reply Comments must be filed with the FCC by November 5^th.

Background. The Commission created a three-tiered sharing framework in the 3.5 GHz band in 2015. Priority access to – and sharing within – the band is managed by Spectrum Access System (“SAS”) administrators, which are automated frequency coordinators that coordinate operations between and among the three different tiers of users in the 3.5 GHz band. To assist in coordination, Environmental Sensing Capability (“ESC”) operators detect information about federal frequency use in and adjacent to the 3.5 GHz band and report that information to the SAS.

The highest tier of the CBRS 3.5 GHz band consists of incumbent federal and non-federal users, which receive protection from all other users. The PAL holders, which purchased this spectrum at auction from the FCC (which we covered in this blog about five years ago!), comprise the second tier. The third tier represents users who are licensed by rule and must accept interference from other CBRS users, including other GAA users.

With that background, we want to briefly highlight the FCC’s proposed changes:

Federal Protection and Coordination. The FCC seeks comment on whether it should expand the use of a coordination portal to protect federal operations, consider modifying its ESC procedures to address potential effects on competition and the marketplace, and/or consider permitting CBRS operations in offshore areas.

Citizens Broadband Radio Service Devices (“CBSD”) Information. PAL holders and GAA users are required to register all CBSDs with a SAS administrator prior to operation. Commission rules require CBSDs to provide received signal strength and other measured parameters to the SAS administrators upon request, and disclosure of this information to the public is restricted. The FCC seeks comment on whether to update the breadth and scope of CBSD information provided to SASs, as well as the availability of CBSD information.

SAS Connectivity and/or Outages. CBSDs are required to maintain SAS connectivity so the SAS is updated of any change in status and so that they can comply with SAS instructions within seconds of a triggering event. The FCC seeks comment on specific circumstances that may warrant less restrictive application of the SAS connectivity requirements.

Other Issues. The FCC seeks comment on the efficacy of the current professional installation regime and whether any rule changes are needed to ensure that CBSDs are installed and maintained correctly. It also requests comment on whether there are steps it can take to facilitate additional use of the 3.5 GHz band for low power indoor operations, including private networks. Finally, the Commission seeks comment on whether there are new rules, or clarifications of current rules, that could foster coexistence and preempt disputes among GAA users in a manner that will also advance GAA spectrum use and continued deployment of the CBRS.