Fact Sheet: NCAI and Tribal Organizations Submit Comments to FCC Endorsing a Tribal Licensing Window for Upcoming AWS-3 Wireless Spectrum Auction
Morgan Gray
Senior Research Analyst
On February 28, 2024, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) regarding its upcoming AWS-3 spectrum band auction. The NPRM follows Congress’s recent enactment of the Spectrum and Secure Technology and Innovation Act of 2024 (the Act). The Act directs the FCC to “initiate a system of competitive bidding” for AWS-3 wireless spectrum licenses in the AWS-3 band, which includes the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands, respectively. Proceeds generated from the auction will be used to fund the FCC’s Supply Chain Reimbursement Program, which incentivizes service providers to replace existing telecommunications equipment from Chinese providers such as Huawei and ZTE.
Among other auction rule proposals, the FCC sought public comment on whether Congress’s directive in the Act to initiate a competitive bidding system for the AWS-3 band enabled it to adopt a Tribal Licensing Window (TLW) as part of the bidding process. A TLW would allow Tribal Nations the opportunity to claim “limited” unlicensed spectrum in the AWS-3 band over Tribal lands. It also sought comment on the potential impact of adopting a TLW for the AWS-3 band.
The FCC has previously adopted a TLW twice: first in 2010 within the context of radio broadcasting on Tribal lands, and again for the 2.5 GHz band in 2019. The National Congress of American Indians (NCAI) and the Navajo Nation Telecommunications Regulatory Commission (NNTRC) are among those who have submitted comments endorsing a TLW for the AWS-3 auction, which they argue is within the FCC’s authority to adopt and consistent with Congress’s directive to “initiate a system of competitive bidding.” Proponents of the TLW, including a coalition of 13 organizations, also point to the FCC’s previous TLWs, and the number of Tribal Nations that obtained spectrum licenses as a result, as evidence that TLWs successfully empower Tribal Nations to enhance internet access within their communities.
The TLW faces opposition from organizations like the Cellular Telecommunications Industry Association (CTIA), a wireless industry trade association. CTIA argues that implementing a TLW will slow down the timeline to implement the AWS-3 auction, which it says must be completed within a statutorily-mandated time frame. It also contends that a TLW will reduce the total revenue generated by the auction, and limit the funding available for the Supply Chain Reimbursement Program.
The public comment period ended March 31, 2025, with reply comments due April 14. While it is unclear when the FCC will issue its report and order on the TLW and its other AWS-3 auction-related proposals, it is statutorily mandated to complete the auction by June 23, 2026.
1. See Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, Pub. L. No. 118-159, Div. E, Title LIV, §§ 5401-5405 (2024), https://www.congress.gov/bill/118th-congress/house-bill/5009.
2. Id. at § 5403.