Currently, the entire 900 MHz band is designated for narrowband private land mobile radio communications and it has been primarily used for two-way dispatch radio communications by land transportation, utility, manufacturing, and petrochemical companies. The NPRM proposes to reconfigure the band to serve the commercial wireless broadband needs of similar business and industrial entities. The FCC’s goal with this item is to “create opportunities for robust broadband networks that fully support critical communication systems and that ensure the low latency and ultra-high reliability required by electric and other utilities” and other business and industrial users.

The main proposal would split the band, with one segment supporting the existing narrowband operations while the other segment would be designated for broadband solutions, conceptually proposing a realignment first championed by Enterprise Wireless Alliance (“EWA”) and pdvWireless, Inc. (“PDV”) in 2014. The broadband segment would use a paired 3/3 megahertz arrangement while two paired segments above and below the broadband designation, 1.5 and .5 megahertz, respectively, would be retained for conventional narrowband operations. Specifically, the draft NPRM proposes to designate 897.5-900.5 MHz/936.5-939.5 MHz as the broadband segment while leaving the two remaining segments— 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz— for Part 90 narrowband. The NPRM also proposes to tweak the co-primary Mobile allocation in the 900 MHz band by excepting Aeronautical Mobile Service to be more consistent with allocations in adjacent bands in the international frequency allocation table.

Rather than simply modify the current Part 90 Rules to create the framework for the proposed broadband service, the draft NPRM suggests the Commission may designate the 900 MHz broadband service as a Miscellaneous Wireless Communications Service governed by Part 27 of the Commission’s rules, which govern a variety of flexible carrier-type services, including the Wireless Communications Service, or WCS, in the S-Band and Advanced Wireless Services, or AWS, in the 1.7 and 2.1 GHz Bands. Conventional narrowband land mobile systems that remain in the band would continue to be governed by Part 90.

The draft NPRM recognizes that there may be alternatives to the realignment described above and seeks comment on such alternatives.

One of the most interesting aspects to the draft NPRM is its discussion of how the transition to a realigned band would take place and how broadband licenses would be issued. Due to the significant encumbrances as a result of existing narrowband licenses throughout the band, the draft NPRM would put forth for comment a transition plan whereby existing licensees would coordinate and mutually agree on a plan for relocating site-based systems and transitioning the band for broadband use. Acknowledging that this approach may not work in all geographic markets (or at all), the draft NPRM also would seek input on other transition methods that could be used effectively along with its voluntary exchange proposal. These include an overlay license auction or some form of incentive auction.

Since September 13, 2018, the FCC has not accepted applications for new or expanded 900 MHz operations to maintain a stable spectral landscape while the Commission determined how to proceed with respect to that spectrum. That suspension will ostensibly remain in place while the rulemaking plays out, albeit the Utilities Technology Council filed a petition for reconsideration or clarification of the decision to suspend such applications which remains pending.

UPDATE: On March 13, 2019, in advance of its open meeting, the FCC adopted the NPRM with no major revisions to the draft. However, the Commission expanded its discussion on several key items including the possibility of a market-driven mechanism for clearing the total of six megahertz for flexible use broadband. The NPRM was released on March 14, 2019. Comments and Reply Comments will be due 60 and 90 days, respectively, after Federal Register publication.

The FCC’s draft Report and Order and Order would take a number of actions which should be welcomed by many PLMR eligible entities, including:

• Add 318 new “interstitial” channels in the 800 MHz Band, specifically in the 800 MHz Interleaved Band (809-815/854-860 MHz, 240 channels), Expansion Band (815-816/860-861 MHz, 40 channels), and Guard Band (816-817/861-862 MHz, 40 channels). These ranges are already used extensively by PLMR operations and the creation of the interstitial channels will enable coordination of new PLMR deployments that the current rules may not have the flexibility to accommodate.
• Direct FCC staff to issue public notices when applications for the new channels will be accepted in regions where rebanding has been completed. Specifically, the FCC’s Wireless Telecommunications Bureau would be directed to issue a public notice when these channels become available on a National Public Safety Planning Advisory Committee (“NPSPAC”) regional basis.
• Decline to give incumbent 800 MHz Band licensees filing priority over non-incumbents for 800 MHz Expansion Band and Guard Band channels after the announcements by the Bureau that rebanding in each NPSPAC region is complete. The FCC denied a petition from the Land Mobile Communications Council that proposed a six-month window for incumbent licenses to acquire the new channels before making the channels available to others.
• Terminate the freeze imposed in 1995 on inter-category sharing of 800 MHz Band channels among General Category, Public Safety, and other license pools. This frees up access to these channels by all categories without the need for applicants to seek a waiver of the freeze.
• Add new 450-470 MHz Industrial/Business Pool channels (limited to six kilohertz authorized bandwidth) in the gaps located between Industrial/Business Pool spectrum and spectrum designated for other services.
• Provide for conditional licensing for PLMR stations where coordinated applications have been filed to operate in the 700 MHz public safety narrowband and the 800 MHz PLMR frequencies. This is relief that the PLMR community had sought for many years. Previously, conditional licensing was restricted to PLMR frequencies below 470 MHz. Conditional licensing allows applicants to begin operating a proposed station 10 days after the application (complete with coordination) is filed and continue operations for up to 180 days while the application is pending.
• Authorize trackside boosters on PLMR railroad channels to facilitate communication between the front and rear of trains.
• Make underused Central Station Alarm channels available for other PLMR purposes with the assent of the Central Station Alarm frequency coordinator.