FCC Opens 160 MHz of C-Band for 5G; FAA and FRA Advance Airspace and Rail Safety Rules

FCC Opens Upper C-Band for Terrestrial Wireless

The Federal Communications Commission adopted a Report and Order on July 22, 2026, and released it on July 24, 2026, making 160 megahertz of the 3.98–4.2 GHz band — the Upper C-band — available for terrestrial wireless flexible use. The action responds to Congress's 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 spanning 3.7–4.14 GHz and adopts competitive bidding procedures for an auction. According to the order, the 4.0–4.2 GHz portion of the Upper C-band is currently allocated on a primary basis for Fixed Satellite Service (FSS) and Fixed Service links, with space station operators using that band nationwide to deliver programming to television and radio broadcasters and to provide telephone, data, and satellite communications services. The order largely applies the current Lower C-band licensing and operating rules to the Upper C-band but imposes more forward-leaning performance requirements, and generally adopts the Lower C-band technical rules with modifications designed to reinforce successful coexistence with adjacent band radio altimeters in the 4.2–4.4 GHz band — aeronautical safety systems used primarily at altitudes under 2,500 feet above ground level.

The order requires new Upper C-band licensees, as a condition of their licenses, to reimburse defined incumbent FSS licensees for reasonable and necessary costs associated with migrating FSS operations out of the reconfigured portion of the 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, and requires new Upper C-band licensees to provide rebates for defined classes of eligible aircraft owners and operators to facilitate compliance with FAA radio altimeter retrofit requirements. Most rules take effect September 29, 2026, with certain provisions containing new or modified information collection requirements that must first receive Office of Management and Budget approval under the Paperwork Reduction Act before their effective dates are announced separately in the Federal Register.

FAA Amends Airspace Routes in Alaska and Nebraska

The FAA finalized two routine airspace amendments, both effective at 0901 UTC on October 29, 2026. In Alaska, the agency extended RNAV Route T-388 from the Baily, AK, Fix to the Kodiak, AK, VOR/DME located at the Kodiak Airport, stating the action is intended to increase route structure connectivity in Alaska. As amended, T-388 extends between the Wixer, AK, waypoint and the Kodiak VOR/DME. The agency received no comments in response to the NPRM published for Docket No. FAA-2026-0826 in the Federal Register on February 8, 2026.

In Nebraska, the FAA corrected the published coordinates of the Thedford, NE, VOR/DME in the legal descriptions of RNAV Routes T-285 and T-286. A third-party survey discovered that the previously published coordinates were incorrect by a distance of 344 feet. The rule updates the geographic coordinates from lat. 41°58′53.99″ N, long. 100°43′08.55″ W to lat. 41°58′54.04″ N, long. 100°43′13.08″ W. The FAA invoked the good cause exception to bypass notice and comment, finding that the correction constitutes a routine, insignificant action that imposes no additional substantive restrictions on affected persons.

FAA Proposes Kansas Airway Changes Tied to VOR Decommissioning

The FAA published a proposed rule to amend Jet Route J-24 and VOR Federal Airways V-244 and V-508, and to revoke VOR Federal Airway V-255, in the vicinity of Hays, Kansas. The agency states the action is driven by the planned decommissioning of the VOR portion of the Hays, KS, VOR/Tactical Air Navigation (VORTAC) navigational aid as part of the FAA's VOR Minimum Operational Network (MON) program — a policy established in a final policy statement published in the Federal Register on July 26, 2016. The TACAN portion of the NAVAID will be retained in support of current and future NextGen performance-based navigation procedures. The airspace fixes currently on each of the affected airways will be retained as conventional intersections or waypoints. Comments on the proposal must be received on or before September 14, 2026.

FRA Proposes English Proficiency and Border Rules for Rail Crews

The Federal Railroad Administration proposed amendments to its regulations governing the qualification and certification of locomotive engineers and conductors, covering three distinct areas. First, the agency proposes to establish English language proficiency (ELP) as a requirement for railroad carriers to certify and recertify locomotive engineers and conductors. The FRA states ELP is essential to safe rail operations because each railroad's rules and practices, and all written and verbal communications, take place in English. The agency notes the proposal is consistent with Executive Order 14224, issued by President Trump on March 1, 2025, designating English as the official language of the United States. The FRA also states it is unaware of any U.S. railroad carrier that does not already conduct training and testing exclusively in English, and therefore is not proposing that carriers proactively amend existing programs to add rigorous English language training for all personnel — rather, carriers must integrate sufficient internal checks to ensure personnel possess the necessary reading, writing, and verbal comprehension for compliance.

Second, the proposal responds to FRA's recent safety oversight of cross-border operations, where the agency found Mexican-domiciled crews who could not sufficiently communicate in English. The rule would codify a 10 route-mile geographic limitation on operations at the southern border and would confirm that the controlling U.S. host railroad carrier cannot accept locomotive engineer or conductor qualifications from Mexican-based crew members, whom the FRA notes operate under a jurisdiction that has not established comparable qualification requirements or governmental safety oversight.

Third, the FRA proposes to require that triennial skill performance examinations and annual operational monitoring observations for locomotive engineers — both already required under current rules — be conducted without engaging energy management systems that limit the need for an engineer to operate the throttle or braking systems. The agency also proposes to clarify that a locomotive engineer or conductor's territorial qualification is limited to the specific direction of travel traversed during the qualification process. Written comments on the NPRM must be received on or before September 29, 2026.

What to Watch

• September 14, 2026 — Comment deadline for FAA proposed rule on Hays, KS, airway amendments and VOR decommissioning (entity 2).
• September 29, 2026 — Most FCC Upper C-band rules take effect; also the comment deadline for FRA's locomotive engineer and conductor ELP and border operations NPRM (entities 0, 4).
• October 29, 2026 — FAA final rules amending RNAV Route T-388 in Kodiak, AK, and correcting RNAV Routes T-285 and T-286 coordinates in Thedford, NE, take effect (entities 1, 3).
• July 4, 2027 — Statutory deadline set by the One Big Beautiful Bill Act for the FCC to complete competitive bidding for at least 100 megahertz of Upper C-band spectrum (entity 0).

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