In July 2025, Congress adopted the One Big Beautiful Bill Act (“OBBB Act”), which re-instituted the FCC’s auction authority and directed the FCC to free up spectrum in the 3.98-4.2 GHz band for competitive bidding for terrestrial wireless flexible use by July 4, 2027. On November 21, 2025, the FCC released a Notice of Proposed Rulemaking (“NPRM”)1 to examine a range of options for auctioning off at least 100 megahertz, and possibly up to 180 megahertz, of upper C-band spectrum, as per the directive from the OBBB Act. The FCC stated that its goals for the proceeding are to make additional spectrum available in the Upper C-Band, expeditiously transition incumbent operations, and reinforce a successful coexistence environment by facilitating the timely introduction of new, high powered terrestrial wireless operations in the Upper C-band alongside the adjacent 4.2-4.4 GHz band.

Specifically, the NPRM seeks comment on:

The options for reconfiguring the Upper C-band in the contiguous United States, including the economic benefits and costs of repurposing spectrum for terrestrial wireless and how that value could be affected by the amount of spectrum that is ultimately repurposed and the clearing timeline.
The FCC’s proposal to add a primary, non-federal mobile, except aeronautical mobile, allocation to whatever portion of the 4.0-4.2 GHz band is reconfigured in the contiguous United States, and to remove the FSS allocation from the reconfigured portion.
Whether any of the FCC’s Part 1 competitive bidding rules would be inappropriate or should be modified for an auction of licenses in the Upper C-band.
Whether the FCC should adopt licensing and operating rules similar to operations in the 3.7-3.98 GHz portion of the C-band under the FCC’s part 27 flexible use rules.
The adoption of technical rules that will maximize potential uses of the Upper C-band for next generation wireless technologies, encourage efficient use of spectrum resources, and promote investment in the Upper C-band.
The FCC’s proposal to adopt many of the same transition framework elements used for the Lower C-Band for the Upper C-band transition of incumbent FSS operations.
How to best promote spectral coexistence between the Upper C-band and radio altimeters in the neighboring 4.2-4.4 GHz band.

Comments are due on or before January 5, 2026, and Reply Comments are due on or before February 3, 2026.

If you would like to file comments or would like to discuss this issue further, please contact Dee Herman at [email protected] or Shannon Forchheimer at [email protected].

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1 In re the Matter of Upper C-band (3.98-4.2 GHz), GN Docket No. 25-59 (rel. Nov. 21, 2025)

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