EWA is witnessing an increase in the number of members and customers requesting EWA to explore the use of waivers as a necessary means to access spectrum needed for a particular project. Waivers should not be the “norm” for requests for spectrum for a variety of reasons, principally the amount of time it may take the FCC to rule on the waiver request, but in some instances, seeking rule relief through a waiver request may be the only way to pursue a spectrum solution.
This is particularly true in spectrum bands such as 800 MHz where certain areas of the country have been “frozen” by the FCC due to the 800 MHz reconfiguration. In EWA’s experience, “frozen” typically means “temporary.” Recently, EWA worked with a member seeking access to “Sprint-vacated” spectrum in California in the Mexican border region. The Mexican border area of the country is currently off limits because the rebanding process has not been completed in this area. Therefore, licensees are stuck until the rebanding process is completed and the “freeze” is lifted. For this reason, a waiver was deemed necessary for a particular EWA customer in this area that sought to expand their communication needs. The waiver must demonstrate the need for this spectrum, that all alternative approaches were not practical, and that granting the waiver would be in the public interest. In addition to the waiver, in “frozen” geographic areas where 800 MHz solutions are desired, the following additional requirements must be submitted together with an application to the FCC:
- Concurrence from the Transition Administrator for the 800 MHz rebanded spectrum;
- Coordination analysis that demonstrates no interference to incumbents; and
- Passing a vacated-spectrum check, if applicable.
Before deciding to file a waiver request, be aware of the risks. There are no guarantees that the waiver will be approved by the FCC. On some occasions, a client has studied previously granted waivers and asks EWA for support in filing a waiver for a similar situation. However, no application is the same. No need is the same. Consequently, there’s no such thing as a precedent. EWA cannot guarantee the grant as the FCC is the final authority, but EWA can provide guidance and share its experiences or observations of similar situations where the FCC gave its approval for such waivers.