“Use it or lose it” and “highest and best use” are two concepts from water rights and real estate taxation that also apply to use of the U.S. wireless spectrum. The former idea is a legal principle that a user with water rights loses that right if not exercised. The latter idea is that land is taxed at a rate reflecting its value, not its present use.
Recently, large swaths of spectrum have been opened up for shared government and commercial use, for example. The reason is that the U.S. ability to support mid-band 5G has been non-existent, as the desired frequencies had already been licensed to other entities.
The mid-band assets generally are considered important as they represent a balance of signal coverage and capacity, with better coverage than higher-frequency millimeter wave spectrum but also better capacity than low-band spectrum.
For example, 750 megahertz of spectrum in the 2.9 GHz to 3.65 GHz band is allocated for high-powered defense radar systems. “But the average measured occupancy (or use) of the 3450 MHz to 3550 MHz segment of this band is less than one percent at sites without a significant military presence, according to the Department of Commerce’s National Telecommunications and Information Administration.
So some of that resource was opened up for shared use as the new Citizens Broadband Radio Service, creating 150 MHz of capacity for mobile and other uses, while still allowing primary access by the original licensees where necessary.
In 2018, NTIA identified the 3.45 GHz to 3.55 GHz band for potential repurposing as well. And most recently, the White House and the Department of Defense announced last month that this 100 megahertz of contiguous mid-band spectrum in the 3.45 GHz to 3.55 GHz band should be made available for 5G as quickly as possible.
The Federal Communications Commission also is moving to free up additional assets. also Report and Order to remove exclusive state allocations from the 3.3 GHz to 3.55 GHz band.
Back in 2002, the FCC designated 50 megahertz of contiguous spectrum in that band for public safety use. Unfortunately, only about 3.5 percent of potential licensees have actually taken advantage of the spectrum. Existing users will be allowed to continue using the band, while states gain the right to relicense their allocations for commercial use.
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