Should utilities expect to be required to use a dedicated allocation if it is granted? Would they be required to “give back” current spectrum?
UTC is not aware of a single precedent in which an industry granted access to spectrum was required to use it, and has heard no mention of this possibility from any federal body. The FCC often does seek to eliminate spectrum hoarding by requiring licensees to build out systems within a certain timeframe, either covering a certain percentage of the population within the licensed area, or through a looser standard called “substantial service.” However, there would be no requirement that any utility obtain a license within the dedicated spectrum allocation if it chose to implement other technology instead. Since the FCC has exclusive jurisdiction over non-federal spectrum and spectrum-related regulation, it can be argued as a matter of law that no state body could force any entity to obtain an FCC radio license should it choose to deploy other technology. UTC also considers it highly unlikely that utilities could be required to “give back” other spectrum if an allocation were made, for se
