Media Contact: 
Cecilia Sulhoff, (202) 418-0587
cecilia.sulhoff@fcc.gov

For Immediate Release

FCC TO EVALUATE PARTITIONING, DISAGGREGATION, AND SPECTRUM LEASING RULES
  -- 
WASHINGTON, March 15, 2019—The Federal Communications Commission today opened a proceeding to explore how potential changes to its partitioning, disaggregation, and spectrum leasing rules might further the agency’s goals of closing the digital divide and increasing spectrum access for small carriers and in rural areas.  

The Commission’s current partitioning, disaggregation, and spectrum leasing rules provide licensees flexibility to determine the amount of spectrum they will occupy and the geographic area they will serve, and to allow additional users to gain access to spectrum.  The Notice of Proposed Rulemaking satisfies a requirement under the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (MOBILE NOW) Act. 

The Notice adopted today is an opportunity to develop a record on whether the existing rules have succeeded and to evaluate whether they could be modified to better promote the Commission’s and Congress’s goals. Specifically, the Notice:

· Seeks comment on whether to establish a program, or modify existing programs, for partitioning, disaggregation, and spectrum leasing as a potential means to increase the availability of advanced telecommunications services in rural areas and spectrum access by small carriers. 
· Asks commenters to address the three considerations delineated in the MOBILE NOW Act: 
o Whether reduced performance requirements applicable to partitioned or disaggregated licenses would promote the availability of advanced telecommunications services in rural areas or spectrum availability for small covered carriers; 
o What conditions may be needed to eliminate impediments to transfers of spectrum to small carriers to allow them to build out in a reasonable time; and
o What incentives may encourage licensees to lease or sell spectrum to small carriers or unaffiliated carriers that will serve rural areas. 
· Seeks comment on whether to allow “reaggregation” for spectrum that has been partitioned or disaggregated on the secondary market—up to the size of the original market area.

Action by the Commission March 15, 2019 by Notice of Proposed Rulemaking (FCC 19-22).  Chairman Pai, Commissioners O’Rielly, Carr, Rosenworcel, and Starks approving and issuing separate statements.

WT Docket No. 19-38

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This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).