Although the Lower 37 GHz band is ideal for co-primary, co-equal sharing, DoD and other Federal operations are likely to be a “second-in” use based on their longer acquisition timelines for military systems in general and the longer technology development lifecycles for any unique systems. The FCC’s Public Notice recognized the general risk, “particularly in larger markets, that future entrants (both federal and non-federal) may be precluded from accessing the band if the band is fully licensed in the initial licensing phase.” We therefore seek to ensure that government operations are not “locked out” by early deployments of commercial technologies. We appreciate the examples cited by the Public Notice (e.g., “applicants could be limited to a single 100-megahertz channel per site, which would ensure that multiple operators could access the band;” or “to establish accelerated buildout deadlines (e.g., 60 or 90 days) for registrations issued during the initial phase.”)

We take no position on the maximum spectrum that any one licensee can hold in any given area. We do, however, support a disparity in build-out requirements between Federal and non-Federal operations in order to account for Congressional appropriations and acquisitions timelines that are typical of Federal operations. NTIA intends to target Federal operations to complete construction and begin operations within 24 months of clearing a proposed site through the coordination process.