The FCC last Friday opened a proceeding to explore how potential changes to its partitioning, disaggregation, and spectrum leasing rules might help close the digital divide, as well as increase spectrum access for small carriers in rural areas.
The Commission’s current rules give licensees flexibility to decide how much spectrum they will occupy and the geographic area they will serve. The rules also enable additional users to access the spectrum.
The Notice of Proposed Rulemaking enables the agency to develop a record on whether the existing rules have succeeded and to evaluate whether they could be modified to further the Commission’s and Congress’ goals. Specifically, the Notice:
- Seeks comment on whether to establish a program, or modify existing programs, for partitioning, disaggregation, and spectrum leasing as a potential means to increase the availability of advanced telecommunications services in rural areas and spectrum access by small carriers.
- Asks commenters to address the three considerations delineated in the MOBILE NOW Act:
- Whether reduced performance requirements applicable to partitioned or disaggregated licenses would promote the availability of advanced telecommunications services in rural areas or spectrum availability for small covered carriers;
- What conditions may be needed to eliminate impediments to spectrum transfers to small carriers to allow them to build out in a reasonable time; and
- What incentives may encourage licensees to lease or sell spectrum to small carriers or unaffiliated carriers that will serve rural areas.
- Seeks comment on whether to allow “re-aggregation” for spectrum that has been partitioned or disaggregated on the secondary market—up to the size of the original market area.
March 20, 2019
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