On July 8, 2022, the Federal Communications Commission (FCC) Wireless Telecommunications Bureau (Bureau) published a Public Notice to extend the time period for meeting interim and final build-out deadlines for all 2.5 GHz Rural Tribal Priority Window (Tribal Window) licensees.
The Tribal Window was an opportunity in 2020 for Tribes in rural areas to license unassigned 2.5 GHz spectrum over their tribal lands. Spectrum refers to the radio waves across which wireless signals travel, and Tribes have been advocating for spectrum sovereignty in order to access this important natural resource and provide much-needed broadband connectivity for their citizens.
The FCC generally auctions spectrum licenses in public auctions for substantial amounts. However, the Tribal Window provided Tribes with 2.5 GHz spectrum licenses previously reserved for educational uses at no cost to the Tribe.
The 2.5 GHz licenses issued through the Tribal Window were subject to accelerated build-out deadlines when compared to all other 2.5 GHz licenses issued after October 25, 2019. Tribal licensees were required to meet an interim deadline within two years of receiving their license and a final deadline within five years.
The FCC has now extended these deadlines, with Tribal Window licensees being required to make an interim showing within four years of their initial license grant and a final showing within eight years, as described by 47 CFR § 27.14(u)(2), (3). The applicable showing required for Tribal Window licensees depends on the type of service the licensee provides:
- Mobile or Point-to-Multipoint Service
- Within four years, licensee must demonstrate reliable signal coverage of 50% of population within service area; and
- Within eight years, licensee must demonstrate reliable signal coverage of 80% of population within service area.
- Fixed Point-to-Point Service
- Within four years, licensee must demonstrate operation of one link for each 50,000 persons in service area; and
- Within eight years, licensee must demonstrate operation of one link for each 25,000 persons in service area.
The extension of these deadlines is welcome news to Tribes that have faced delays in building out their networks due to the pandemic, supply chain issues, or other hurdles.
