Federal Communications Commission Approves Auction Rules For 3.5 GigaHertz Band

March 17, 2021—The Federal Communications Commission voted on a handful of items pertaining to the upcoming 3.45-3.55 GigaHertz (GHz) spectrum auction’s rules and bidding process.

Rules regarding the facilitation and operation of the 100 megahertz between 3.45 GHz and 3.55 GHz were voted on Wednesday during the FCC’s monthly meeting.

Two of the aims of the order were to establish the band between 3.45 GHz and 3.55 GHz for flexible-use for wireless and establish the bidding rules and technical service requirements for the upcoming auction of said band. The auction for this band would also be required to begin before January 1, 2022.

Commissioner Brendan Carr voiced his support for the order, stating that it would continue to secure the U.S.’s leadership role with the roll-out of 5G.

“This is by far the fastest effort ever to identify and auction federal spectrum for commercial use,” he said. “This will not only create efficiencies between operations in the two bands, [but] it will ensure robust 5G coverage, which is particularly helpful for accelerated builds in rural communities.”

Carr did voice concern that the FCC had imposed undue obstacles for would-be auction participants, and that the government seemed to be picking “winners and losers.”

He explained that he would have preferred fewer regulations, which he believed would have promoted greater competition.

Despite this concern, Carr ultimately joined with the rest of his fellow commissioners and Acting Chairwoman Jessica Rosenworcel in voting to approve the order, while noting his reservations.

Rosenworcel said that to thrive in a post-pandemic world, 5G would need to be able to reach every American across the country, and that this order was a step toward that goal.

The commissioners and Rosenworcel also voted in favor of the public notice that would, among other things, propose bidding rounds, establish bidding credit caps for small businesses and rural service providers, and put forward minimum opening bid amounts for flexible-use licenses for the 3.45-3.55 GHz band.