According to the FCC's AWS-4 Report and Order, released December 17, 2012:
In July 2010, the Commission issued a Notice of Proposed Rulemaking proposing to add Fixed and Mobile allocations to the 2000-2020 MHz and 2180-2200 MHz bands. The Commission adopted this proposal in April 2011, thereby establishing the predicate for more flexible use of the band for terrestrial mobile broadband services. The Commission also declared its intent to initiate a service rules rulemaking proceeding, stating that "having added co-primary Fixed and Mobile allocations to the 2 GHz band, we anticipate issuing a notice of proposed rulemaking on subjects raised in the 2010 MSS NOI, including possible service rule changes that could increase investment and utilization of the band in a manner that further serves the public interest." The Commission expected that this rulemaking would include an examination of the relationship of the 2 GHz band with neighboring bands.
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In 2011, DISH Network Corporation (DISH) acquired both TerreStar and DBSD out of bankruptcy, paying approximately $1.4 billion for each company. DISH filed applications with the Commission for approval to transfer control of the MSS licenses, including ATC authority, of each of TerreStar and DBSD to two separate subsidiary companies of DISH. At the same time, DBSD and TerreStar filed requests to modify their respective ATC authorities, including for a waiver of certain non-technical ATC rules, such as the integrated service and spare satellite rules, and of certain ATC technical rules. On March 2, 2012, the International Bureau granted the applications for transfer of control of the MSS licenses, including ATC authority, of DBSD and TerreStar to DISH. As a result, in New DBSD Satellite Services G.P., a wholly owned subsidiary of DISH, obtained control of the former DBSD MSS license, including ATC authority, and Gamma Acquisition L.L.C., also a wholly owned subsidiary of DISH, obtaining control of the former TerreStar MSS license, including ATC authority. In granting these applications, the International Bureau denied the non-technical rule waiver requests and deferred to the technical rule waivers to a rulemaking proceeding, stating that "[s]ince the release of the National Broadband Plan... the Commission has been clear about its intent to remove regulatory barriers in this band through a rulemaking to unleash more spectrum for mobile broadband."
In March 2012, the Commission adopted the AWS-4 NPRM, which consisted of a Notice of Proposed Rulemaking and Notice of Inquiry. In the AWS-4 NPRM, the Commission proposed to increase the Nation’s supply of spectrum for mobile broadband by removing barriers to flexible use of spectrum currently assigned to the MSS. The Commission proposed terrestrial service rules for the 2 GHz band that would generally follow the Commission’s Part 27 flexible use rules, modified as necessary to account for issues unique to the particular spectrum bands. The proposed rules were designed to provide for flexible use of this spectrum, to encourage innovation and investment in mobile broadband, and to provide a stable regulatory environment in which broadband deployment could develop. The proposed rules also included aggressive build-out requirements and concomitant penalties for failure to build out designed to ensure timely deployment of wireless, terrestrial broadband in the band. Additionally, in the Notice of Inquiry, the Commission sought comment on potential ways to free up additional valuable spectrum to address the Nation’s growing demand for mobile broadband spectrum, including through examination of alternative band plans incorporating the Federal 1695-1710 MHz band.
In this AWS-4 Report and Order, we build on the Commission’s recent actions to increase the availability of spectrum by enabling terrestrial mobile broadband service in 40 megahertz of spectrum in the 2000-2020 MHz and 2180-2200 MHz spectrum bands. As explained below, we adopt AWS-4 terrestrial service, technical, and licensing rules that generally follow the Commission’s Part 27 flexible use rules, modified as necessary to account for issues unique to the AWS-4 bands. First, we establish 2000-2020 MHz paired with 2180-2200 MHz as the AWS-4 band plan.
Second, we adopt appropriate technical rules for operations in the AWS-4 band. This includes rules governing the relationship of the AWS-4 band to other bands. For example, as explained below, we require the licensees of AWS-4 operating authority to accept some limited interference from operations in the adjacent upper H block at 1995-2000 MHz, and impose more stringent out-of-band emission (OOBE) limits and power limits on these licensees to protect future operations in 1995-2000 MHz. With respect to adjacent operations at 2200 MHz, we permit operator-to-operator agreements to address concerns regarding interference and also establish default rules to protect against harmful interference. Further, we require licensees of AWS-4 authority to comply with the OOBE limits contained in a private agreement entered into with the Global Positioning Systems (GPS) industry.
Third, mindful that AWS-4 spectrum is now allocated on a co-primary basis for Mobile Satellite and for terrestrial Fixed and Mobile services and that MSS licensees already have authorizations to provide service in the band,64 we determine that the AWS-4 rules must provide for the protection of 2 GHz MSS systems from harmful interference caused by AWS-4 systems. In addition, consistent with our determination below to grant AWS-4 terrestrial operating authority to the incumbent 2 GHz MSS licensees, we propose to assign terrestrial rights by modifying the MSS operators’ licenses pursuant to Section 316 of the Communications Act.
Fourth, we adopt performance requirements for the AWS-4 spectrum. Specifically, licensees of AWS-4 operating authority will be subject to build-out requirements that require a licensee to provide terrestrial signal coverage and offer terrestrial service to at least 40 percent of its total terrestrial license areas’ population within four years, and to at least 70 percent of the population in each of its license areas within seven years, and will be subject to appropriate penalties if these benchmarks are not met.
Fifth, we adopt a variety of regulatory, licensing, operating, and relocation and cost sharing requirements for licensees of AWS-4 operating authority.
Sixth, we eliminate the ATC rules for the 2 GHz MSS band and propose to modify the 2 GHz MSS operators’ licenses to eliminate their ATC authority.
Seventh, consistent with the scope of the AWS-4 NPRM, we take no action on the Commission’s ATC rules for other MSS bands.
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