5G regulation and law in the USA

Roll-out of 5G service began in 2019 and it is available in the US from nearly every carrier

All three major carriers offer 5G service to the majority of the US population.  Much of the deployment uses low-band frequencies that do not offer the highest speeds available through 5G protocols.  AT&T and Verizon have deployed mid-band spectrum obtained in a 2019 auction of former satellite spectrum, all of which will be devoted to 5G.  T-Mobile has extensive mid-band assets and has deployed additional spectrum from the satellite spectrum auction in 2023.

Regional carriers also are deploying 5G service throughout their footprints.  

In general, 5G is being deployed in parallel to existing 4G networks.  The exception is DISH Network, which launched its 5G-only service in June 2022, and certified that it served 70% of the US population in mid-2023.

T-Mobile and DISH Network have deployed 5G standalone (SA) networks across their footprints in the U.S.  Verizon and AT&T are in the process of deploying 5G SA.

The Federal Communications Commission (FCC) has adopted a spectrum screen, used to evaluate the amount of spectrum held by each operator, intended to ensure that multiple operators have access to spectrum across the country.

Certain frequencies suitable for 5G are unlicenced or licenced on a shared basis, which permits companies that do not have nationwide or wide-area coverage to provide localized 5G service.

Arrangements for service in specific premises are made between service providers and the venues.  In general, special premises are served by multiple carriers, but in some cases (particularly arenas and stadiums) specific providers enter into commercial arrangements to be the preferred provider for particular premises.  These arrangements are not regulated by the FCC, and do not prevent any other wireless provider from offering service at the premises if it can extend a signal into that location.

The FCC generally licences wireless spectrum via auction.  Any entity that is qualified to hold FCC licences is eligible to participate in the auctions, with some bidding credits available to qualified small businesses and rural providers.  The FCC sets starting prices for bids based on evaluation of the minimum value of the spectrum, and the final price is determined by the highest bid for each increment of spectrum.

Auction winners may be required to comply with limitations on total spectrum holdings under the spectrum screen described above.  These limitations vary depending on the spectrum bands involved in the auction.  Auctioned spectrum typically is subject to buildout requirements that, in broad terms, require coverage of most of the population of the licence area by a specified date.

Wireless licenses awarded via auction have varying terms, ranging from 10 to 15 years, with most licensed for 10 years.

The FCC has completed several auctions for spectrum that can be used for 5G service.  It has auctioned spectrum in the following bands since 2019:

There have been no additional auctions since 2022 because the legal authority for the FCC to auction spectrum expired and has not been renewed.

The most significant issue related to 5G implementation has been addressing interference between terrestrial use of the 3.7 GHz band and radar altimeters used by commercial airliners.  Verizon and AT&T delayed deployment of this spectrum in areas near airports while filters were installed in airplanes, a process that was completed in 2023.

There have been no decisions regarding non-compliance with 5G obligations.  As noted above, there are no 5G-specific rules, and the only operational obligations for spectrum tenders concern deployment.

There are no current plans for future tenders.  The FCC is considering how to repurpose spectrum in the upper 12 GHz band for terrestrial wireless use in a rulemaking process that was initiated in May 2023, but has not reached any decision.

The FCC’s authority to auction spectrum expired in March 2023, and has not been renewed, as the US Congress has been unable to reach agreement on legislation to re-authorize auctions going forward.  The primary point of contention is the allocation of frequencies between incumbent federal users and commercial companies that want to use mid-band spectrum to enhance 5G networks and to support future generations of wireless networks. 

The National Telecommunications and Information Administration (NTIA) is studying various bands for future commercial allocations.  That process started in 2023 and NTIA will continue to review various bands on a rolling basis for several years. 

In light of the FCC’s inability to auction new spectrum, carriers are beginning to seek to acquire new spectrum through transactions such as the announced transactions for Verizon and T-Mobile to acquire spectrum now controlled by USCellular.

The FCC has no 5G-specific rules, and is not expected to adopt 5G-specific rules.  It adopts technical rules governing power levels, interference and similar issues, but does not require the use of any particular protocol or standard on any frequency band that is available for commercial wireless use.

Carriers enter into roaming agreements and resale agreements that permit other carriers to obtain access to 5G services.  Carriers also may enter into targeted agreements that permit sharing of facilities such as antenna structures.

There is no focused 5G network or spectrum sharing regulation.  Some spectrum allocated to wireless use is shared with federal government users, including the 3.55 to 3.65 GHz band.  In such shared bands, the FCC requires private users to avoid harmful interference to government users.

Wireless providers are permitted to share network infrastructure, and commonly share antenna locations (although joint use of antenna locations is subject to general rules governing human exposure to radiofrequency radiation).

Wireless providers may lease part or all of their spectrum to other providers, and can enter into other kinds of spectrum sharing agreements if they so desire.

There are no specific federal regulations mandating unbundling of 5G networks, or any other wireless networks.  However, carriers are required to permit resale of their voice services and to enter into roaming agreements with other carriers. 

T-Mobile entered into a network services agreement with DISH Network as part of its settlements with the FCC and Department of Justice when it acquired Sprint.  The agreement also permits DISH customers to roam on the T-Mobile network.  That agreement was amended in 2022 to reduce the rates paid by DISH and to add a new purchase commitment.  It expires in 2027.

The Executive Banch, Congress, and the FCC all have expressed concern and taken action regarding the cybersecurity risks posed by Chinese technology.

US law forbids paying subsidies from the federal universal service fund to support the use or deployment of equipment from specified Chinese manufacturers in the networks of wireless carriers receiving such subsidies  In addition, the FCC has adopted rules that prohibit specified Chinese manufacturers from obtaining authorization to sell new or updated telecommunications equipment in the U.S., and is considering whether to adopt rules prohibiting those manufacturers from selling their existing equipment.  There also is ongoing Executive Branch activity addressing risks posed by specific Chinese businesses and products, which can result in placement of those businesses and products on various restricted lists, including the FCC list of companies that may not obtain equipment authorizations.

The FCC has no specific cybersecurity rules governing 5G services, but those services are subject to general FCC rules requiring wireless carriers to maintain the privacy of customer information.  In addition, in the context of transactions involving foreign investment in U.S. telecommunications companies, an inter-agency group led by the Justice Department typically examines the security of company networks and may require additional measures to protect those networks from intrusions.

 The Executive Branch, Congress, and the FCC all have taken steps to address the development and deployment of 6G service in the U.S.

In May 2024, the Department of Commerce issued a request for comment on how government policies can support the development of 6G services.  The issues raised in the request included how the U.S. government can ensure that 6G benefits all segments of society; the timing of trials and commercial availability of 6G technology; and the impact of 6G on network resiliency during disaster and recovery operations.  The request did not focus on spectrum issues.  The National Spectrum Strategy, adopted in November 2023, also addresses some 6G issues.

In September 2024, the House of Representatives passed legislation to require the FCC to create a task force to consider 6G issues, including the role of standards-setting bodies, , potential new uses for wireless services enabled by 6G technology; threats, including supply chain and cybersecurity; inter-agency coordination; and deployment.  This legislation has not yet been considered by the U.S. Senate.

In 2023, the FCC issued a notice of proposed rule-making that addressed the use of the 12 GHz band, including potential 6G applications.  6G issues also have been considered at the FCC’s Technological Advisory Council, an advisory committee composed of technology experts,