Federal Communications Commission	DA 26-73


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Federated Wireless, Inc. Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules
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GN Docket No. 15-319

ORDER

Adopted:  January 23, 2026	Released:  January 23, 2026

By the Mobility Division, Wireless Telecommunications Bureau:

I. INTRODUCTION
1. By this Order, the Wireless Telecommunications Bureau (Bureau), Mobility Division, conditionally grants Federated Wireless, Inc.’s (Federated or Petitioner) See Federated Wireless, Inc. Expedited Request for Emergency Waiver of CBRS Incumbent Protection Rules, GN Docket No. 15-319 (filed Jan. 21, 2026) (Waiver Request) https://www.fcc.gov/ecfs/document/10121569430585/1; see also State of South Carolina, Office of the Governor, Executive Order No. 2026-02 (Jan. 21, 2026), https://governor.sc.gov/sites/governor/files/Documents/Executive-Orders/2026-01-21%20FILED%20Executive%20Order%20No.%202026-02%20-%20Declaring%20State%20of%20Emergency%20to%20Address%20Winter%20Weather.pdf; State of North Carolina, Governor Josh Stein, Executive Order No. 31 (Jan. 21, 2026), https://governor.nc.gov/executive-order-no-31-declaration-state-emergency-and-temporary-waiver-and-suspension-motor-vehicle/open; State of Georgia, Executive Order Declaring a State of Emergency for Winter Weather (Jan. 22, 2026), https://gov.georgia.gov/executive-action/executive-orders/2026; Commonwealth of Virginia, Office of the Governor, Executive Order No. 11 (2026), https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/eo/EO-11-Declaring-State-of-Emergency---2026-January-Winter-Weather.pdf (Jan. 22, 2026).
 request for a precautionary, limited, and conditional emergency waiver of sections 96.67(c)(2) and (3) of the Commission’s rules governing the Citizens Broadband Radio Service. 47 CFR § 96.67(c)(2)-(3).
  Federated requests that the Commission grant emergency waiver relief of sections 96.67(c)(2) and (3) to relieve them of the requirement for Environmental Sensing Capabilities (ESCs) to detect and protect federal incumbent users in the 3550-3700 MHz band (3.5 GHz band) from harmful interference for Dynamic Protection Areas (DPAs) that are being or may be impacted by Winter Storm Fern, including DPAs East3, East22, East23, East24, East25, and East26 (the DPAs, together with the affected ESCs in such DPAs, the Impacted Systems).  Winter Storm Fern is projected to affect the Southern and Eastern United States with heavy snow, sleet, freezing rain, and intense winds beginning on Friday, January 23, 2026. See Waiver Request at 1; National Weather Service, Key Messages for Major January Winter Storm, 4:10 AM EST Thu. Jan. 22, 2026, https://www.wpc.ncep.noaa.gov/key_messages/LatestKeyMessage_2.png.
  For the reasons discussed below, we grant Petitioner’s Waiver Request subject to the conditions described herein.
II. BACKGROUND
2. In 2015, the Commission adopted rules for shared commercial use of the 3.5 GHz band. See Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, GN Docket No. 12-354, Report and Order and Second Further Notice of Proposed Rulemaking, 30 FCC Rcd 3959, 3975, paras. 44-45 (2015) (2015 Report and Order).
  The Commission established the Citizens Broadband Radio Service and created a three-tiered access and authorization framework to accommodate shared federal and non-federal use of the band. Id.
  Access and operations are managed by a Commission-approved, automated frequency coordinator, known as a Spectrum Access System (SAS).  SASs coordinate operations between federal and non-federal users by relying on ESCs in DPAs to detect and protect federal incumbent users in the 3.5 GHz band from harmful interference.  When there are federal incumbent users operating in the band, ESCs detect their signals and activate the DPA.  When the DPA is activated, federal incumbent users are given priority over the other two tiers of users: Priority Access Licensees (PALs) and General Authorized Access (GAA) users.  In the case that an ESC cannot accurately determine whether federal incumbents are active in the band, they must automatically activate the DPAs. See Promoting Investment in the 3550-3700 MHz Band, GN Docket Nos. 15-319, 17-258, Order, 33 FCC Rcd 4987, 4990-91, paras. 6, 9 (2018).

3. Federated seeks a temporary conditional waiver of sections 96.67(c)(2) and (3) of the Commission’s rules to relieve it of the requirement to detect the presence of a signal from a federal system in the 3.5 GHz Band and adjacent frequencies and to communicate information about the presence of such a signal to one or more approved SASs. 47 CFR § 96.67(c)(2)-(3).  Additionally, to the extent necessary, we also waive applicable sections of 96.15(a)(2), (a)(3), (b)(3), 96.45(b), 96.53(a), (e)-(g), and 96.57(d).
  This waiver would allow Federated to treat the subject DPAs as “inactive” for the duration of the waiver authority and thus avoid the need for the ESCs to automatically activate the DPAs in areas affected by Fern.  Federated seeks a waiver of these requirements in the interest of providing uninterrupted service to thousands of Citizens Broadband Radio Service Devices (CBSDs) that provide critical broadband, voice, and data services to millions of customers in areas that may be impacted by Fern. See Waiver Request at 2.

III. DISCUSSION
4. Section 1.925(b)(3) of the Commission’s rules states that the Commission may grant a waiver when either (i) “[t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest,” or (ii) “[i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.” 47 CFR § 1.925(b)(3).
  Further, section 1.3 allows the Commission, on its own motion, to waive rules for good cause shown. 47 CFR § 1.3.
  
5. Here, we find that Petitioner’s showing, when considered with the conditions established herein, meets the second prong of the Commission’s waiver standard.  Federated asserts that Fern will bring “intense winds, heavy snow, ice, and freezing rain that could cause widespread power outages.” See Waiver Request at 1.
  If such outages occur, the Impacted Systems will lose commercial power and will be unable to operate normally. See id. at 1-2.
  Federated also asserts that the availability of backhaul may be impacted as well. Id. at 2.
  Federated contends that these power outages may cause DPAs in the affected areas to be activated, impacting approximately 25,000 CBSDs, potentially disconnecting millions of customers—including consumer, residential and enterprise users, schools, and oil and gas companies. Id.
  According to Federated, “[m]any of these customers will rely on these services to stay apprised of ongoing dangers during and after the storm, while others will leverage connectivity to help restore critical services, such as water and electricity.” Id. 
  Accordingly, we grant a waiver of sections 96.67(c)(2) and (3) of the Commission’s rules, subject to the conditions set forth herein, and consistent with the ESC waiver orders that the Bureau issued in response to previous severe weather events See e.g., Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 22-999 (rel. Sept. 22, 2022); Federated Wireless, CommScope, Inc., and Google LLC’s Expedited Requests for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 22-1042 (rel. Sept. 30, 2022); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 22-1165 (rel. Nov. 9, 2022); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 23-453 (rel. May 30, 2023); Google LLC’s Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 23-789 (rel. Aug. 30, 2023); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-652 (rel. July 8, 2024); Google LLC Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-677 (rel. July 12, 2024); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-777 (rel. Aug. 6, 2024); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-814 (rel. Aug. 14, 2024); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-915 (rel. Sep. 10, 2024); Google LLC Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-948 (rel. Sep. 13, 2024); Google LLC Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-1056 (rel. Oct. 8, 2024); Federated Wireless Expedited Request for Emergency Waiver of Citizens Broadband Radio Service Incumbent Protection Rules, GN Docket No. 15-319, Order, DA 24-1057 (rel. Oct. 8, 2024).
 to allow the Federated SASs to treat the subject DPAs as “inactive” for the duration of this waiver and thereby obviate their ESCs from the obligation to detect the presence of a signal from a federal system in the 3.5 GHz Band and adjacent frequencies and to communicate information about the presence of such a signal to one or more approved SASs.
6. Specifically, we find the following conditions are required:  (1) this waiver only applies to periods where the subject ESC sensors are unable to communicate with the Federated SASs due to a power outage or backhaul outage; (2) this waiver is limited to the earlier of either February 5, 2026, or when commercial power and backhaul service is restored to the subject ESC sensors; (3) Federated must provide confirmation to the Commission, the Department of War (DoW), and the Navy within three business days of power restoration to the subject ESC sensors and restoration of backhaul service; (4) extension requests must be justified through demonstration of the specific steps taken to reactivate the subject ESC sensors and the remaining steps necessary to reactivate, and such requests must be filed no later than three business days before expiration of this waiver; and (5) the ESC operator must immediately activate the subject DPAs upon notification from the Commission, the National Telecommunications and Information Administration, or the DoW. 
7. In consideration of the emergency presented by Fern, we find that these are unique circumstances that make application of the rules inequitable, unduly burdensome, and contrary to the public interest.  For these reasons, we find it is in the public interest to conditionally grant Petitioner’s request for an emergency waiver of sections 96.67(c)(2) and (3), on a time-limited basis and subject to conditions described herein.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and sections 1.3 and 1.925 of the Commission’s rules, 47 CFR §§ 1.3, 1.925, that the request filed by Federated Wireless, Inc. for emergency waiver of sections 96.67(c)(2) and (3) of the Commission’s rules, 47 CFR §§ 96.67(c)(2) and (3) is GRANTED to the extent described, and with the conditions specified, herein.
9. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and sections 1.3 and 1.925 of the Commission’s rules, 47 CFR §§ 1.3, 1.925, that the Wireless Telecommunications Bureau GRANTS ON ITS OWN MOTION a waiver of sections 96.15(a)(2), (a)(3), 96.45(b), 96.53(a), (e)-(g), and 96.57(d) of the Commission’s Rules, 47 CFR §§ 96.15(a)(2), (a)(3), 96.45(b), 96.53(a), (e)-(g), 96.57(d), to the extent described, and with the conditions specified, herein.
10. This action is taken under delegated authority pursuant to sections 0.131, and 0.331 of the Commission’s rules, 47 CFR §§ 0.131, and 0.331.

FEDERAL COMMUNICATIONS COMMISSION
				


						Roger Noel												Chief, Mobility Division
						Wireless Telecommunications Bureau
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