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Dossier Executive final rule 31-jul-2026 Takes effect · 29-sep-2026
Finalized regulation — legally enforceable once its effective date arrives.

Upper C-Band (3.98-4.2 GHz); Expanding Flexible Use of the 3.7 to 4.2 GHz Band

Key claim: The FCC is opening 160 MHz of Upper C-band (3.98–4.2 GHz) for terrestrial flexible wireless use via auction by July 2027, requiring new licensees to fund FSS migration and provide aircraft radio-altimeter retrofit rebates to protect aviation coexistence.

Abstract

(Rule · Federal Communications Commission) In this document, the Federal Communications Commission (Commission) adopted a Report and Order, Order of Proposed Modification, and Order on Reconsideration (Order), that expands the ecosystem for next-generation wireless services in the 3.7-4.2 GHz band (C-band) by making 160 megahertz of the 3.98-4.2 GHz band (Upper C- band) available for terrestrial wireless flexible use. This action is pursuant to Congress’ direction in the One Big Beautiful Bill Act to complete a system of competitive bidding by July 4, 2027, for at least 100 megahertz of spectrum in the 3.98-4.2 GHz band. The Order creates a single 3.7 GHz Service that spans 3.7-4.14 GHz and adopts competitive bidding procedures for an auction. The Order largely applies the current Lower C-band licensing and operating rules to the Upper C-band, but it imposes more forward-leaning performance requirements. The Commission also generally adopts the Lower C-band technical rules for the Upper C-band, with certain modifications designed to reinforce a successful coexistence environment with adjacent band radio altimeters. The Order requires new licensees in the Upper C-band, as a condition of their licenses, to reimburse defined incumbent Fixed Satellite Service (FSS) licensees for reasonable and necessary costs associated with migrating FSS operations out of the reconfigured portion of the Upper C-band, consistent with the Commission’s Emerging Technologies precedent. The Order also provides incentives to eligible space station operators that meet their clearing obligations by specified transition deadlines. Finally, new Upper C-band licensees must provide rebates for defined classes of eligible aircraft owners and operators to facilitate compliance with the FAA’s radio altimeter retrofit requirements, which are designed to promote successful coexistence between Upper C-band licensees and radio altimeters in the 4.2-4.4 GHz band.

Why this matters

Spectrum reallocations adjacent to the 4.2–4.4 GHz aviation radio-altimeter band directly affect flight safety, as demonstrated by the Lower C-band 5G rollout that triggered multiple FAA airworthiness directives and operational restrictions. Building altimeter retrofit rebate obligations into the Upper C-band auction framework is a policy attempt to internalize aviation coexistence costs upfront rather than through post-hoc AD action. The rule’s practical effect on airlines, general aviation, and helicopter operators will depend on retrofit timelines and how the FAA sequences any accompanying airworthiness requirements.

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Upper C-Band (3.98-4.2 GHz); Expanding Flexible Use of the 3.7 to 4.2 GHz Band
Stage: final rule · federal-register · 31-jul-2026

The FCC is opening 160 MHz of Upper C-band (3.98–4.2 GHz) for terrestrial flexible wireless use via auction by July 2027, requiring new licensees to fund FSS migration and provide aircraft radio-altimeter retrofit rebates to protect aviation coexistence.

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External: fedreg:2026-15598

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