The 70/80/90 GHz Bands are allocated on a co-primary basis for Federal and non-Federal use, for terrestrial, satellite, radio astronomy and radiolocation uses. For nearly twenty years, there has been a non-exclusive “light” licensing and registration scheme in the 70/80/90 GHz Bands for high-capacity, ground-based point-to-point links that can be used for any non-broadcast purpose. In a June 2020 Notice of Proposed Rulemaking in WT Docket No. 20133, the Commission launched consideration of changes to the 70/80/90 GHz antenna standards and the link registration processes which proponents believed would increase the utility of the bands. But the record also affirmed that other stakeholders envisioned additional uses of the bands, which they claimed would be compatible with the ground-based point-to-point links such as using the 70/80/90 GHz Bands for point-to-point links to endpoints in motion to facilitate broadband service to ships and aircraft or for high-capacity links between points on the ground using stratospheric platforms.

Now, a year later, the Bureau is particularly “interested in the feasibility of permitting HAPS or other stratospheric-based platform services in these bands” and whether these services could be introduced compatibly with other services in the bands. Among other subjects, the Bureau asks how stratospheric platforms would be used in the bands (including information system operating parameters), what services the platforms can support (e.g., commercial, private, or governmental uses), and whether HAPS or other stratospheric platforms are commercially viable in light of several previous stratospheric platform advocates have indicated they are no longer actively pursuing their plans. The Bureau also asks whether, if it were to authorize stratospheric communications platforms to use 70/80/90 GHz Bands, the FCC should impose certain technical limitations or restrictions on the deployment of such services to protect incumbent operations, such as altitude restrictions, power limits, transmitter design considerations, directional constraints, additional emission limits, coordination, or other requirements. Much like a rulemaking notice, the Public Notice also inquires what licensing and service rules should apply to stratospheric-based communications services and whether they should be limited to services facilitated by nominally fixed stratospheric platforms, one of the defining characteristics of HAPS as described in international and FCC regulations.

The Public Notice also seeks comment on any international implications related to HAPS or other stratospheric-based platform services that might be authorized in the 70/80/90 GHz Bands. The Bureau noted that, at the 2019 World Radiocommunication Conference (“WRC”) of the International Telecommunications Union, additional spectrum bands were identified for HAPS globally at 31.0-31.3 and 38.0-39.5 GHz and in Region 2, the Americas, at 21.4-22.0 and 24.25-27.5 GHz. The Commission has not taken action to date to implement domestically these new international allocations, which supplement much more narrow allocations for HAPS at earlier WRCs in the 2, 6, 27/31, and 47/48 GHz bands.

Continuing the Public Notice’s theme of new means of potential connectivity for internet broadband access, the Bureau’s Public Notice also requests additional information regarding the potential use of the 70/80/90 GHz Bands to provide broadband Internet access to customers on airplanes and aboard ships. One of the subjects in the 70/80/90 GHz rulemaking proceeding initiated last year was consideration of a proposal by Aeronet Global Communications, Inc. to use these Bands for “Scheduled Dynamic Datalinks” (“SDDLs”) to aircraft and ships.

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.