On November 25, 2024, the Mobility Division of the Wireless Telecommunications Bureau (Bureau) released an Order (2024 Order) granting AT&T conditional relief from certain 2017 licensing conditions imposed on AT&T licenses in the C and D Blocks of the 2.3 GHz Wireless Communications Service (WCS) in a 2017 Waiver Order (2017 Order). The 2017 Order granted waiver of certain performance requirements and construction deadlines for AT&T’s 2.3 GHz WCS C and D block licenses, specifically extending AT&T’s final construction deadline to September 13, 2021, modifying the metric used to evaluate final performance for the licenses, and waiving the March 13, 2017 interim performance deadline. Relatedly, on January 15, 2021, AT&T and Sirius XM filed an assignment application for AT&T’s C and D Block licenses, with the intent that Sirius XM could lease the bandwidth to one or more public safety agencies for one-way satellite-based emergency communications services originating from Sirius XM satellites. This assignment has since been consented to by the Bureau but not yet consummated by the Parties.
On September 12, 2020, AT&T requested several waivers related to conditions imposed in the 2017 Order. In the 2024 Order, the Bureau finds that “the unique context surrounding AT&T’s WCS C and D Block licenses, as well as the public benefit of the proposed Sirius XM satellite-based emergency communications service, justifies relief from the 2017 Waiver Order.” Accordingly, the 2024 Order grants the following, with certain conditions: (1) waives the interim performance requirement in 27.14(p)(1) of the Commission’s rules and the 2017 Order with respect to AT&T’s C and D Block licenses; (2) extends the final construction deadline for the C and D Block licenses; (3) modifies the metric used to evaluate final performance of the C and D Block licenses to make it applicable to deployment of Sirius XM’s service offering; and (4) waives the non-assignability relief in the 2017 Order, while permitting AT&T to assign the 2024 Order conditional relief to Sirius XM. This decision provides Sirius XM Radio additional time to deploy a satellite-based emergency communications service, which will also address interference with its SDARS operations.
The conditional waiver is granted with the following conditions:
- By December 26, 2024, Sirius XM must use WCS Block D to provide alerting services to the initial FEMA sites in Regional Economic Area Groups (REAGs) 1-6. Sirius XM must provide these services to FEMA for free while operating under the licenses.
- By May 27, 2025, Sirius XM must contact and offer service to entities or groups likely to leverage the technology, offering at least free service. Equipment must be reasonably available to support the service.
- By May 26, 2026, Sirius XM must serve at least 200 other end users, including at least 10 in each of REAGs 1-6, using WCS Block D.
- By November 26, 2027, Sirius XM must serve at least 500 other end users, including at least 25 in each of REAGs 1-6. Sirius XM must also provide service on WCS Block C in REAGs 1-6 and provide enhanced services to FEMA and other end users in Blocks C and D by this date. By this date, Sirius XM must offer service to additional entities and groups likely to leverage the service, offering at least free service while making equipment reasonably available to support the service. Lastly, Sirius XM must actively market the service on an ongoing basis.
- By November 27, 2028, Sirius XM must use WCS Blocks C and D to provide service to FEMA in REAG 7 (Alaska), and use Blocks C and D to provide enhanced services to at least 10 other end users in REAG 7.
- By November 26, 2029, Sirius XM must use WCS Blocks C and D to provide enhanced service to at least 25 other unaffiliated end users in REAG 7. Sirius XM must also file a report as a pleading in ULS describing services offered, services provided, and efforts to market and make services available by this date.
- By December 10, 2029, Sirius XM must file a notification of construction for each of its C and D Block Licenses in REAGs 1-7 in ULS.
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