FCC License renewal
The time to start planning for your next license renewal is now. The FCC requires licensees to remain substantially constructed and operational even after the first license renewal (subject to a few exceptions). At renewal, the licensee must document that it complied with the buildout and operation requirement throughout the license term. Alternatively, the licensee must document that it satisfied one of the permitted exceptions. This is not something that can be ginned up the week before the renewal deadline. If you start paying attention just before renewal time, it may be too late to come into compliance.
FCC Operational compliance
The licensee also should ensure that wireless operations comply with FCC rules about tower height, marking and lighting, radiated power, type of emission, emission masks and other technical aspects of radio operations.
Julian Gehman has experience in satisfying FCC compliance requirements and renewing licenses. Call now if you have a question.
Wireless Radio Spectrum Regulations & Licenses
Who Regulates The Wireless Radio Spectrum?
Federal governments across the world own and regulate their airwaves. In the United States, this is no different. Our federal government owns the radio spectrum permanently, so you cannot legally buy radio spectrum in the United States.
In the United States, the usable spectrum, (frequencies between 9 kilohertz and 275 gigahertz), is divided approximately 50-50 between federal government use and non-federal use.
The federal use of spectrum is coordinated by the National Telecommunications and Information Administration (NTIA) under the US Department of Commerce and is used by federal agencies such as the Department of Defense, the Department of Transportation, and more. NTIA is among its peers within the other federal agencies, while the FCC really is in charge of non-federal spectrum.
The non-federal spectrum is regulated by the Federal Communications Commission (FCC), an independent agency of the federal government. (The FCC is not in the executive branch.)
When most people think about things like needing a radio license or harmful interference, they think of the FCC, because it’s the entity that regulates spectrum usage for all of us who are not in the federal government.
To make this point even clearer, you can consider this example: A federal government employee would likely deal with matters concerning the federal spectrum under the NTIA. But say he and his family go on a picnic and bring along some small walkie-talkies for the kids to play with. Those walkie-talkies are regulated under non-federal use by the FCC.
What Laws Regulate Wireless Radio Spectrum In The United States?
The Communications Act of 1934 regulates wireless spectrum in the United States. It is continually updated by congressional amendments every year, sometimes with small tweaks, and other times with huge changes.
In fact, this law is what created, amends, and governs the FCC. Under The Communications Act, the FCC is given the authority to make rules that have the force of law. As a result, you can technically be prosecuted for violating an FCC rule. This doesn’t happen very often, but it is “in the books”.
Who Allocates Frequency Bands In The United States?
Congress acts as the catalyst for allocating both federal and non-federal frequency bands, which are signed into law by the president, who has the ultimate authority.
Non-federal spectrum bands are also allocated by the FCC. Still, congress can pass a law instructing the FCC to take certain actions. As a result, non-federal band allocations stem from a combination of Congress’s laws and FCC spectrum allocations.
Do Wireless Service Providers Require Licenses To Use Specific Frequency Bands?
Under the Communications Act, every use of radio has to be licensed in one way or another…
The most common radio license is an operator’s license. This authorizes you to transmit over specified frequencies, usually with limitations that restrict the operator by geographic area, power usage, transmitter height, and more.
There are also countless objects in everyday life that use wireless radio spectrum that don’t require actual licenses at all. This is referred to as the “unlicensed spectrum” – and while this term is a bit of a misnomer, it’s an effective one as the unlicensed spectrum only requires users to be licensed under rule.
The FCC has set aside specific bands for unlicensed use, only “licensing” it by laying out a specific set of rules that you must follow. This allows everyone to use objects like microwave ovens, garage door openers, baby monitors, and even Wi-Fi.
In today’s age, this is even more important as we expand the “internet of things” where nearly every imaginable object is connected to the internet in some way. From equipment manufacturers including wireless transmissions in their machinery to detect maintenance issues to people attaching tracking devices to their wallets – the use of radio is exploding.
On the other hand, when you go to buy a cell phone, you’re not required to purchase an operator’s license along with it, but that doesn’t mean that you’re operating in the unlicensed spectrum. Instead, you are operating under the license of your cell phone service provider.
As you can see, there’s seemingly no end in sight to the way that radio frequencies impact our lives – or to the ways in which these frequencies are regulated by the federal government.
What Is Required By Service Providers To Obtain Spectrum License?
You can obtain an FCC license in several ways. The most newsworthy way might be to win a spectrum auction. This is where the FCC auctions off chunks of spectrum that companies like T-Mobile or Verizon will bid on.
A much more common way to get a license is to “buy” the license from another licensee. This can be done via a private transaction, much like buying a used car.
The main difference between “buying” an FCC license and buying a used car is that, when you buy a car, you don’t have to go to your state government and ask for approval – you just buy the car. When buying a license, on the other hand, you must have the FCC approve the transfer.
Alternatively, you could apply for a “site-based license”. To do this, you will submit an application to the FCC indicating an open, unused frequency and expressing your wish to construct a transmitter and begin operating over it.
While this is a great option to get a spectrum license at a relatively low cost, most frequencies are already taken, so claiming an unused frequency can be a difficult task – especially in more heavily-populated areas.
For more information on The Regulation Of Wireless Radio Spectrum, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 968-2266 today.