Federal Communications Commission DA 24-183 DA 24-183 Released: February 29, 2024 WIRELESS TELECOMMUNICATIONS BUREAU GRANTS AUCTION 108 LICENSES Auction No. 108 By this Public Notice, the Wireless Telecommunications Bureau (WTB) announces the grant of one long-form application and issuance of 7,156 licenses for Auction 108. With grant of these licenses, the Commission has completed the processing of all outstanding Auction 108 long-form applications To date, WTB has issued five public notices granting in total 67 of the 68 long-form applications filed with respect to Auction 108. See Wireless Telecommunications Bureau Grants Auction 108 Licenses, Public Notice, 37 FCC Rcd 14020 (WTB Dec. 1, 2022); Wireless Telecommunications Bureau Grants Auction 108 Licenses, Public Notice, 38 FCC Rcd 41 (WTB Jan. 5, 2023); Wireless Telecommunications Bureau Grants Auction 108 Licenses, Public Notice, 38 FCC Rcd 1327 (WTB Mar. 1, 2023); Wireless Telecommunications Bureau Grants Auction 108 Licenses, Public Notice, DA 24-89 (WTB Feb. 1, 2024); Wireless Telecommunications Bureau Grants Auction 108 Licenses, Public Notice, DA 24-170 (WTB Feb. 27, 2024). and issued all licenses won in Auction 108 pursuant to the 5G SALE Act. The Commission’s authority to issue licenses pursuant to a system of competitive bidding lapsed on March 9, 2023. See 47 USC 309(j)(11); Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, 136 Stat. 4459 (Dec. 29, 2022) (extending the Commission’s spectrum auction authority through March 9, 2023). Congress subsequently passed legislation authorizing the Commission to process any remaining licenses won in Auction 108 within 90 days of enactment, which occurred on December 19, 2023. See 5G Spectrum Authority Licensing Enforcement Act (5G SALE Act), Pub. L. No. 118-27 (2023). On August 29, 2022, the Federal Communications Commission (Commission) completed the auction of new flexible-use geographic overlay licenses in the (2.5 GHz) band, and the Office of Economics and Analytics (OEA) and WTB announced the results of that auction on September 1, 2022. Auction of Flexible-Use Licenses in the 2.5 GHz Band Closes, Public Notice, 37 FCC Rcd 10117 (OEA & WTB Sept. 1, 2022). This auction raised a total of $419,133,261 in net bids and $427,789,670 in gross bids, with 63 bidders winning a total of 7,872 licenses. “Gross bids” refers to the total of winning bid amounts at the close of bidding and does not reflect any small business or rural service provider bidding credits claimed by eligible winning bidders. “Net bids” refers to the total of winning bid amounts as adjusted for any small business or rural service provider bidding credits claimed by winning bidders. Long-form applications for licenses won in Auction 108 were due on September 16, 2022. WTB previously issued a total of five public notices finding all 68 long-form applications acceptable for filing. See Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, 37 FCC Rcd 12344 (WTB Oct. 26, 2022); Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, 37 FCC Rcd 14127 (WTB Dec. 8, 2022); Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, 38 FCC Rcd 1158 (WTB Feb. 14, 2023); Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, DA 24-46 (WTB Jan. 16, 2024); Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, DA 24-135 (WTB Feb. 13, 2024). WTB accepted this Auction 108 application for filing on October 26, 2022. Wireless Telecommunications Bureau Announces that Applications for Auction 108 Licenses Are Accepted for Filing, Public Notice, 37 FCC Rcd 12344 (WTB Oct. 26, 2022). Upon further review and examination, WTB finds the applications for the licenses listed in Attachment A to be complete and in conformance with the Commission’s rules. We find that granting the applications for the licenses listed in Attachment A serves the public interest, convenience, and necessity. Furthermore, the Commission has received full payment for the licenses listed in Attachment A, as required by section 1.2109(a) of its rules. 47 CFR § 1.2109(a). Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to section 309(a) of the Communications Act, 47 U.S.C. § 309(a), and sections 0.131 and 0.331 of the Commission’s rules, 47 CFR §§ 0.131, 0.331. We remind licensees that they should review all Commission orders and public notices establishing rules and policies for the 2.5 GHz Band. See generally Transforming the 2.5 GHz Band, WT Docket No. 18-120, Report and Order, 34 FCC Rcd 5446 (2019) (modified by Erratum, 34 FCC Rcd 10386 (WTB 2019)) (2.5 GHz Report and Order). Each licensee is solely responsible for complying with all FCC rules and regulations associated with these licenses. Notably, we remind Auction 108 licensees that they must protect existing incumbent licenses, including Rural Tribal Priority Window (RTPW) licenses. See 2.5 GHz Report and Order, 34 FCC Rcd at 5473, para. 77; 47 CFR § 27.1206(b)(2)(ii). We further remind licensees that pending RTPW applications may affect the licenses issued in Auction 108. Licenses granted through applications received during the RTPW will have incumbent status vis-à-vis licenses awarded in Auction 108. See Auction of Flexible-Use Licenses in the 2.5 GHz Band for Next-Generation Wireless Services; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures of Auction 108; Bidding Scheduled to Begin July 29, 2022, AU Docket No. 20-429, Public Notice, 37 FCC Rcd 4370, 4376, 4378, paras. 9, 14 (2022). In other words, any winning bidder awarded a license in Auction 108 may not operate within the license area of a successful RTPW applicant, even if that RTPW application remains pending at the time of issuance of the Auction 108 overlay license. This Public Notice includes two attachments: Attachment A – Flexible-Use Licenses Granted – Sorted by Licensee Attachment B – Flexible-Use Licenses Granted – Sorted by Market Number Please contact Madelaine Maior or Nadja Sodos-Wallace at Madelaine.Maior@fcc.gov and Nadja.SodosWallace@fcc.gov for questions regarding legal matters or licensing issues. Please contact Will Wiquist at (202) 418-0509 or Will.Wiquist@fcc.gov for press questions. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice). - FCC - 2