RSSThe FCC clarified its April public notice announcing a limited suspension of the acceptance and processing of certain applications for Part 22 and Part 90 services operating in the 470 – 512 MHz spectrum band (UHF T-band).
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The original notice suspended the acceptance and processing of T-band applications to stabilize the spectral environment while the FCC considers issues surrounding future use of the T-band, solicits input from interested parties, and works to implement the directives of the Middle Class Tax Relief and Job Creation Act of 2012.
In the original suspension notice, the FCC said that the suspension applied to applications “that would, if granted, tend to increase the degree to which the 470 – 512 MHz band is currently licensed” but not to “applications that would not destabilize the licensing landscape,” and listed examples of both categories. Several parties asked for further guidance on whether certain types of T-band applications would or would not fall within the scope of the suspension.
Accordingly, the FCC clarified the following:
• Applications that seek to add or change locations are suspended only if the new location extends the station’s authorized interference contour in any direction. Locations may be added or changed if the new site doesn’t increase the licensed contour.
• The suspension applies to any application that seeks to add a new channel to the authorization, whether the channel is a replacement or is being added to existing channels. The purpose of the freeze is to stabilize the existing spectrum landscape. Allowing licensees to alter their active frequencies in the T-band would be inconsistent with this purpose and would lead to an unpredictable and unstable spectral environment. This approach is consistent with prior filing and processing suspensions.
• Applications that seek to add or change an emission type (the last three characters of the emission designator) are suspended only if the licensee also proposes to increase the authorized bandwidth. Emission types may be added or changed so long as the emission remains within the existing authorized bandwidth, even if the new emission type nominally expands the station’s spectral footprint.
• A renewal/modification application filed during the filing and processing suspension that requests such a modification will be granted-in-part only with respect to the request for renewal.
Parties whose applications are subject to the filing and processing suspension, as clarified above, may seek a waiver of the suspension pursuant to Section 1.925 of the FCC’s rules. Parties seeking a waiver must provide a showing that they meet the waiver criteria in Section 1.925.
For further information, contact the FCC ULS Customer Support Hotline at 877-480-3201 option 2. The full notice is available here.
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