On April 29, 2025, the FCC released a Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking (R&O and FNPRM, respectively) establishing a framework to allow shared use of the 37–37.6 GHz band (Lower 37 GHz band) between federal and non-federal users. The R&O and FNPRM were adopted at the April Open Meeting.
Key Updates to the 37 GHz Band Set Forth in the R&O:
- Introduction of a Two-Step, Site-Based Licensing Process:
- Step 1: Non-federal users would be required to first obtain a nationwide non-exclusive license for the Lower 37 GHz band.
- Step 2: After obtaining a nationwide non-exclusive license, non-federal users would be required to apply for site-by-site registration.
- The FCC would not impose a limit on the number of nationwide non-exclusive licenses that may be granted.
2. Establishing a Two-Phase Coordination Process:
- Phase One: Licensees would be required to generate an automated technical check for interference based on signal contours for the proposed site.
- Phase Two: If interference zones overlap, licensees would be required to conduct negotiations by directly contacting the operator(s) of the existing site(s). The Commission would establish a dispute resolution process to resolve any disputes that may arise.
- Licensees seeking to operate in the 37.5–37.6 GHz portion of the band would also have to obtain the consent of licensees of co-channel Fixed-Satellite Service (FSS) earth stations before registering site-specific locations located within the protection zone established under section 25.136(b)–(c) of the FCC’s rules.
3. Site Registration & Buildout Rules:
- Operations would be required to be registered with the FCC by filing applications in ULS.
- The Commission would permit point-to-point and point-to-multipoint site registrations in the Lower 37 GHz band, replacing fixed-radius exclusion zones with interference contours for coordination, simplifying integration into existing licensing systems.
- The FCC would set a 120-day buildout deadline for initial site registrations and a 12-month deadline for subsequent registrations to prevent speculative use, spectrum warehousing, and crowding out of future entrants.
- The initial site registration round would be capped at 200 MHz per site to prevent spectrum warehousing.
4. Interference Protection:
- The FCC would a require “a coordination trigger: the field strength level at which the interference contour is set,” and would adopt a coordination trigger of a power spectral density threshold PSDT of -110 dBm/100 MHz, thereby setting conservative power thresholds.
- The Commission would create a new site registration scheme for the Lower 37 GHz band, defining sites based on transmitter details and terrain, rather than fixed geographic areas, rendering the field strength limit in section 30.204 inapplicable, and thus amending the rule to exclude this band.
5. Priority Military Access:
- The Department of Defense (DoD) would have priority use rights in lower 200 megahertz portion of the band (37–37.2 GHz band), and non-federal users would be required to vacate or modify operations if they interfere with DoD use.
Key Proposals in the FNPRM:
- Emissions Protection for Adjacent Passive Bands (36–37 GHz)
- The FCC seeks comment on how treat existing equipment and Upper 37 GHz and 39 GHz band (37.6–40 GHz) deployments, as well as “the potential costs and benefits of grandfathering existing deployments in the Upper 37 GHz band indefinitely.”
- The FCC asks whether stricter out-of-band emission (OOBE) limits are needed to protect passive satellite sensors (e.g., for Earth observation, weather forecasting) operating just below the Lower 37 GHz band.
- Consideration of Clutter in Phase One Coordination
- The Commission seeks comment on the benefits and consequences of improving interference modeling by including clutter (e.g., buildings, foliage) in Phase One coordination to better reflect real-world propagation.
- Rule Correction Proposal
- The FCC proposes to amend Section 30.204 of the rules, because it “intended to adopt a PFD of -77.6 dBm/m2 /MHz.153 The adopted rule, however, lists a different value: -76/dBm/m2 /MHz.”
The following notable changes from were made from the draft item.
R&O
- ¶ 22 – The FCC clarified that applicants must conduct interference contour analysis by comparing contours of non-federal sites registered in the database designated by the Wireless Telecommunications Bureau (WTB) and federal sites authorized by the National Telecommunications and Information Administration (NTIA). The Commission anticipates that third-party coordinators may assist licensees with drawing contours, checking for overlap, and registering sites. Additionally, the FCC directs its staff to work with NTIA on developing a portal to automate this process and seeks further input on this in the FNPRM.
- ¶ 36 – The FCC updated the language in this paragraph to refer to the “database of record” instead of “ULS” with respect to explaining that a site’s associated interference contour will be used in coordination but not separately represented in said database. It also added that point-to-multipoint user stations at fixed locations operating with a registered base station site and within identified power limits do not require individual coordination, as they “may operate under the coordination of the base station(s) they are communicating with.”
- ¶ 38 – The FCC clarified that, although licensees will not need to coordinate with other non-federal Upper Microwave Flexible Use Service (UMFUS) licensees during the initial site registration round, because none will yet be operating, they will still need to coordinate with federal operators under procedures to be developed and announced by NTIA and the FCC.
- ¶ 39 – The FCC added a new paragraph titled “Additional Steps towards Implementation of the Licensing Framework,” where it outlined next steps for implementing the licensing framework. Specifically: WTB will establish and announce procedures for filing nationwide non-exclusive license applications and for registering non-federal sites, considering NTIA’s decisions on federal site data sharing. WTB and NTIA will jointly develop coordination and dispute resolution procedures, with guidance issued via Public Notice. Entities may request temporary, non-interfering authority to operate before the site registration window opens. The FCC also plans to address further issues raised in the FNPRM, including potential revisions to the unwanted emission limits for mobile stations in the Lower 37 GHz band, enhancements to the Phase One coordination process, and possible development paths for DSMS. Any licensees beginning service in the band will be subject to any resulting future rule changes.
FNPRM:
- ¶ 63 – The FCC added a paragraph seeking feedback on factors and features that should be considered for the portal that will be used during the Phase One process of calculating and comparing interference contours for prospective/existing sites per paragraph 22 of this item.
- ¶ 65 – The FCC added a paragraph regarding the potential future use of a Dynamic Spectrum Management System (DSMS) for coordinating spectrum use in the 37 GHz band. The FCC seeks input on when and how to transition to a DSMS, including what usage metrics would justify the switch, how a multi-stakeholder group might be formed, how existing systems would be integrated, and how long both the current and DSMS coordination methods would need to coexist. Additional comments on DSMS-related issues are also invited.
Comment are due 30 days after publication in the Federal Register, and reply comments are due 45 days after publication.
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