Federal Communications Commission	DA 24-141



DA 24-141
Released:  February 15, 2024

WTB LAUNCHES ENHANCED COMPETITION INCENTIVE PROGRAM BEGINNING FEBRUARY 15, 2024
WT Docket No. 19-38

On February 15, 2024, the Wireless Telecommunications Bureau will begin accepting assignment and lease applications to participate in the Enhanced Competition Incentive Program (ECIP).  ECIP establishes incentives for wireless licensees to make underutilized spectrum available to small carriers, Tribal Nations, and entities serving rural areas.  The new program encourages licensees to partition, disaggregate, or lease spectrum to better match available spectrum resources with entities that seek to provide needed services to under-connected communities. 
In July 2022, the Commission established ECIP, See In the Matter of Partitioning, Disaggregation, and Leasing of Spectrum, WT Docket No. 19-38, Report and Order and Second Further Notice of Proposed Rulemaking, 37 FCC Rcd 8825, 8826 para. 2 (2022) (ECIP Report and Order); see also In the Matter of Partitioning, Disaggregation, and Leasing of Spectrum, WT Docket No. 19-38, Erratum (rel. Sep. 20, 2022); In the Matter of Partitioning, Disaggregation, and Leasing of Spectrum, WT Docket No. 19-38, Second Erratum (rel. Oct. 19, 2022).
 and certain ECIP rules became effective on October 20, 2022. A summary of the Report and Order was published in the Federal Register on September 20, 2022.  Federal Communications Commission, Partitioning Disaggregation, and Leasing of Spectrum, 87 Fed. Reg. 57403 (Sep. 20, 2022). 
  In the ECIP Report and Order, the Commission adopted rules that contain new or modified information collection requirements requiring review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. 47 CFR §§ 1.60001-1.60007.  Report and Order and Second Further Notice of Proposed Rulemaking, 37 FCC Rcd at 8863, para. 125.  These information collections were approved by OMB on September 25, 2023, December 5, 2023, and January 18, 2024.  See OMB Control Nos. 3060-0798, 3060-0800, 3060-1058.
  The effective date of these rules was based on publication in the Federal Register of a notice announcing OMB approval of the new or modified information collection requirements.  Such notice was published in the Federal Register on February 15, 2024, and specified that the rules became effective immediately. 
Beginning February 15, 2024, the Wireless Telecommunications Bureau (WTB) will accept applications under the ECIP.  A licensee may file a transaction application seeking ECIP benefits by electronically filing Form 603 for assignments, partitions, and disaggregations or Form 608 for lease arrangements.  The updated forms will contain the new ECIP questions.  We clarify that pending applications that were filed prior to February 15, 2024, or applications that are consented to but not yet consummated, prior to February 15, 2024, are not eligible for processing under ECIP and cannot be amended to seek consideration under ECIP.  Applicants seeking ECIP benefits for a pending transaction may withdraw a pending or consented to application and re-file using the updated Form 603/608, as appropriate, on or after February 15, 2024.  We note that such applications will be placed on Public Notice per Commission rule section 1.933. 47 CFR § 1.933.
 
For any additional inquiries regarding technical support, please submit help requests at https://www.fcc.gov/wtbhelp or call (877) 480-3201, 8:00 a.m. – 6:00 p.m. EST, Monday through Friday. For additional inquiries regarding ECIP applications, please contact Stephanie Asous, Attorney Advisor of the Wireless Telecommunications Bureau, Mobility Division at Stephanie.Asous@fcc.gov.  Tribal Nations interested in ECIP can contact the FCC’s Office of Native Affairs and Policy at native@fcc.gov or Lloyd Collier, Attorney Advisor, of the Consumer and Governmental Affairs Bureau, Office of Native Affairs and Policy at Lloyd.Collier@fcc.gov.
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