Media Contact: 
Will Wiquist
will.wiquist@fcc.gov

For Immediate Release

FCC ESTABLISHES ENHANCED COMPETITION INCENTIVE PROGRAM FOR WIRELESS RADIO SERVICES
Expanding Opportunities for Small Carriers, Tribal Nations, and Rural Wireless Entities
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WASHINGTON, July 14, 2022—The Federal Communications Commission today voted to create a new Enhanced Competition Incentive Program (ECIP) to establish 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.  Today’s action builds upon Congressional goals in the MOBILE NOW Act to incentivize beneficial transactions in the public interest.  

Under this new program, small carriers and Tribal Nations can qualify, as can rural-focused entities.  Transactions through the new program must offer at least half of the licensed spectrum from a given Wireless Radio Service license to an unaffiliated eligible entity for long-term use within specific geographic parameters.  Under the program, any covered geographic licensee may offer spectrum to an unaffiliated eligible entity through a partition and/or disaggregation, and any covered geographic licensee eligible to lease in an included service may offer spectrum to an unaffiliated eligible entity through a long-term leasing arrangement.  

To participate in the program, parties to a license assignment or lease will demonstrate ECIP eligibility when seeking FCC approval of their transaction, consistent with existing secondary market rules and processes.  If the FCC finds that approval of an ECIP eligible assignment or lease is in the public interest, the agency will consent to the transaction and confer benefits, including five-year license term extensions, one year construction extensions, and substituted alternative construction requirements for rural-focused transactions.  

Independent of ECIP, the Commission took action to permit reaggregation of geographic licenses.  The Commission also seeks further comment on whether to expand program eligibility to allow non-common carriers serving non-rural areas to be eligible to participate in the program, and whether to adopt alternative construction requirements for wireless radio licensees generally, including a safe harbor.

Action by the Commission July 14, 2022 by Report and Order and Second Further Notice of Proposed Rulemaking (FCC 22-53).  Chairwoman Rosenworcel, Commissioners Carr, Starks, and Simington approving.  Chairwoman Rosenworcel and Commissioner Starks 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).