On October 22, 2024, the FCC released the Report and Order (Order) outlining key developments in the management and use of the 4.9 GHz spectrum band. In this Order, the FCC reaffirms the adoption of a nationwide Band Manager framework, introduced in a prior order, to optimize the use of this band for public safety. Once selected, the Band Manager may apply for a nationwide overlay license, enabling it to coordinate spectrum use and facilitate spectrum sharing agreements, including one with the First Responder Network Authority (FirstNet). This agreement may permit FirstNet to use unassigned spectrum in the 4.9 GHz band spectrum without disrupting incumbent public safety operations.
The Order clarifies the Band Manager’s responsibilities, which include coordinating frequency use, protecting incumbent licensees from interference, and promoting the adoption of new technologies such as 5G. Additionally, the Band Manager will manage non-public safety access to the band through leasing arrangements, while maintaining public safety as the primary focus and submitting annual reports to the Commission. This decision aims to increase utilization of the 4.9 GHz band while ensuring that public safety operations remain protected and prioritized, reflecting ongoing efforts to modernize and efficiently manage public safety spectrum resources while addressing emerging technological and operational needs.
The Coalition for Emergency Response and Critical Infrastructure (CERCI) and its two largest members, T-Mobile and Verizon, oppose the Order, calling it unlawful, and plan to challenge it in court, claiming the FCC lacks the legal authority to promulgate the Order. CERCI and CCA expressed concern that the Order will ultimately be a spectrum giveaway to AT&T, which is essentially a partner to FirstNet.
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