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ARTICLE · 06 DECEMBER 1999

FCC Completes Rulemaking Clearing the Way for 39 GHz Auctions

United StatesMedia, Telecoms, IT, Entertainment

TELECOMMUNICATIONS LAW UPDATES

In late July, the FCC released a Memorandum Opinion and Order completing the rulemaking process for the 38.6-40.0 GHz ("39 GHz") band. In its decision, the FCC addressed various petitions for reconsideration of earlier actions in this proceeding, and revisited its licensing and service rules for 39 GHz licensees. This action paves the way for the first auction of licenses in this service, which will likely commence in the second quarter of 2000.

Interest in the 39 GHz band has grown significantly since the FCC first began assigning licenses in the band in the 1970’s, due to technological advancements and increased regulatory flexibility. Although 39 GHz licenses originally were for fixed services, in 1997 the FCC expanded the regulatory framework for the 39 GHz band to permit the provision of mobile operations. Under current FCC rules, incumbent and future 39 GHz licensees may provide fixed and mobile communications, including point-to-point and

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