FCC seeks to clarify rules and spur deployment in the Lower 37 GHz band
The Federal Communications Commission is moving ahead with new rules on federal/non-federal sharing in the 37 GHz band, hoping to spur deployments such as wireless backhaul, broadband and IoT services, plus additional capacity for mobile networks.
The agency has been working on a framework for coordinated sharing in the 37 GHz band for a number of years, with rules adopted in 2016 outlining the use of the band for fixed and mobile terrestrial operation. (Parts of the band are also used by space-to-Earth communications and fixed satellite services.)
However, the details of a coordination framework were kicked down the road to a later rulemaking; in 2018, the FCC denied requests for exclusive licensing in the band.
The 37 GHz band is one of the sections of spectrum that were identified in the National Spectrum Strategy (and the subsequent implementation plan, released last year under the Biden administration) as a pipeline of spectrum to study with an eye toward opening up additional spectrum for various uses. Late in 2024, the Department of Defense and the National Telecommunications and Information Administration (NTIA) released a report that recommended the adoption of a coordination framework for 37 GHz which had been outlined last year.
That proposal is essentially what the FCC adopted, and it prioritizes DoD access at 37-37.2 GHz while offering “co-equal access” for federal and non-federal users at 37.2-37.6 GHz. That report also recommended stricter limits on out-of-band emissions, in order to protect passive receivers that operate in the adjacent 36-37 GHz airwaves.
A note on history: The upper 37 GHz band, at 37.6-38.6 GHz, was part of the millimeter-wave spectrum that was auctioned by the FCC in 2019 as part of its Spectrum Frontiers auction. That band was divided for auction into 10 blocks of 100 megahertz in each Partial Economic Area (PEA) geographic designation.
“We are once again exploring creative ways the FCC could unleash wireless innovation in this underutilized swath of spectrum,” said FCC Chairman Brendan Carr. He acknowledged the challenges in the shared band, saying that “Both government and commercial entities are allowed to operate in it, and there are no clear rules of the road for sharing. This lack of clarity prevents companies from moving forward with investments and deployments.
“This proceeding can fix that by establishing rules for commercial fixed wireless on a shared basis with federal users. If we succeed, this new licensing framework could unlock 600 MHz of spectrum for new and more intensive commercial services—laying the foundation for massive innovation and growth,” he concluded.
Commissioner Geoffrey Starks, a Democrat, commented: “Despite our ongoing lapse in auction authority, I’m glad we’re leaving no stone unturned in providing new spectrum opportunities that will boost innovation and better serve American consumers.”
The new rules adopted by the FCC put together a licensing framework that requires users to obtain a “nationwide, non-exclusive license” and then coordinate sites on an individual basis and register them. Licensees have to start operating the site within a year of registering it.
The agency also said that it plans to take comment on a number of related issues, including whether to factor clutter into the coordination mechanism, developing an automated portal for use of the band and whether a dynamic spectrum mechanism “might be considered in the future.”
In NTIA’s report from 2024, it said that because there are limited incumbent uses of 37 GHz, “the band presents a ‘clean slate’ for developing a new model for co-primary Federal and non-Federal access. Specifically, this spectrum supports the creation of very narrow, directed beams and limited propagation for ground communications, making robust forms of sharing possible.”
