Almost a year ago we reported that the then-new AWS-3 service rules had become effective except for a handful of sections that couldn’t kick in at that point for various reasons. One of the sections that remained in limbo was Section 2.106, which added Fixed and Mobile allocations for the 2025-2110 MHz band to the Federal Table of Frequency Allocations. The hold-ups on that section? First, the total cash proceeds of the AWS-3 auction (which wrapped up in January, 2015) would have to meet the level specified in Section 309(j)(16)(B) of the Communications Act. Second, the Secretaries of State and Defense as well as the Chairman of the Joint Chiefs of Staff would have to certify to Congress that essential military capability would not be lost as a result of DoD’s surrender of the 1755-1780 MHz band for non-governmental use. (The certification would have to specify that alternative spectrum to be identified by NTIA and made available to DoD for its primary use would be an adequate replacement for the surrendered spectrum.)
Both conditions have now been met and, according to a notice in the Federal Register, Section 2.106 as amended last year is in effect as of May 12, 2015.