The Federal Communications Fee has granted the usage of 4.9 GHz spectrum to the First Responders Community Authority (FirstNet), and by extension, its community companion AT&T.
The order specifies that the company has to pick a band supervisor, which can then apply for a nationwide license and strike a sharing settlement with FirstNet, which can imply that FirstNet customers will be capable to use unassigned or “white area” spectrum within the 4.9 GHz band, as long as incumbent 4.9 GHz public security customers are protected.
The FCC described the transfer as a step towards ensuring that the 4.9 GHz band is “effectively and intensely utilized in help of public security missions nationwide.” The 4.9 GHz resolution was a bipartisan one, gathering help from all commissioners besides Commissioner Anna Gomez, who didn’t take part within the vote.
“The FCC’s resolution is a vital milestone within the evolution of the 4.9 GHz band for public security communications and first responders nationwide. The FirstNet Authority is reviewing the Order to grasp the way it might influence the Nationwide Public Security Broadband Community (NPSBN) and its customers,” mentioned a FirstNet spokesperson. “As now we have mentioned, if the FirstNet Authority is ready to entry and use spectrum within the 4.9 GHz band for the NPSBN, we’ll maximize the spectrum to convey additional innovation and communication capabilities to our nation’s first responders, whereas defending incumbent public security operations within the band.”
The 4.9 GHz band has a tumultuous historical past wherein there was little settlement on something besides that the band was underutilized. New licenses within the band have been frozen for years, however after they had been obtainable, you solely needed to be a supplier of public security companies that shield life, well being or property to get one; so whereas state and native governments use it, so do non-governmental organizations. It’s a band shared among the many licensees which might be granted entry, and “no licensee has a proper to unique, or interference free, entry to the band,” the FCC famous. However licensees are granted the precise to make use of all 50 megahertz of the band and it’s significantly versatile in use, so fastened and cellular, transportable or short-term base stations and transmitters have been allowed.
The spectrum was devoted for public security use in 2002, however utilization has been restricted outdoors of some massive cities; as a result of the person base was small, gear was costly and adoption restricted amongst public security customers. Because the FCC sought extra midband spectrum for 5G functions, the FCC voted in late 2020 to take away the requirement that the spectrum be used for public security functions solely. The GOP majority on the FCC on the time, underneath Chairman Ajit Pai, supported the view states should be allowed to make use of these airwaves to “finest meet their distinctive wants,” because the FCC mentioned on the time, with the concept that states may lease entry to the spectrum to FirstNet, industrial operators or electrical utilities. Present FCC Chairwoman and then-Commissioner Jessica Rosenworcel opposed that strategy, arguing that it might probably fragment the band and that 4.9 GHz would find yourself like the two.5 GHz “instructional” band that principally being leased to operators (notably, on the time, Dash) for the income, as an alternative of really getting used for instructional networks. Additionally in late 2020, the Public Security Spectrum Alliance (PSSA) was shaped and started advocating for the 4.9 GHz spectrum to be added to FirstNet’s spectrum portfolio, which consists of a single, Band 14 700 MHz license.
Below Rosenworcel, the plan to let states lease out 4.9 GHz was halted and the FCC started taking a look at a nation-wide moderately than state-level framework for management of and entry to the spectrum, whereas additionally exploring the extent to which it is perhaps used for industrial wi-fi exercise moderately than being a band completely for the usage of public security. The freeze on exercise within the band was partially lifted in 2021; present licensees may modify their use of the band, however new licensees weren’t allowed.
The FCC says there are nonetheless almost 3,700 licenses at present issued within the band, together with greater than 130 statewide space licenses (some states have statewide licenses in different states), greater than 1,100 county-wide space licenses, and greater than 2,400 different licenses, comparable to for a bunch of counties, a metropolis or components of a metropolis.
Quick-forward to the latest debate on the usage of 4.9 GHz, wherein AT&T and public security advocates together with PSSA argued that the spectrum needs to be allotted to FirstNet with the intention to make sure that there was adequate capability for 5G, and as a band the place public security customers could be assured safety towards dangerous interference, managed by the band supervisor.
The FCC mentioned within the new report and order: “We’re persuaded that increasing the Band Supervisor’s position and duties to embody a nationwide overlay license and a sharing settlement with FirstNet for any unassigned spectrum is the most effective strategy to make sure that 4.9 GHz band spectrum is extra absolutely utilized within the close to time period, whereas on the similar time defending current incumbent licensee utilization. … The Band Supervisor, as soon as it has utilized for and receives an overlay license, will receive the rights to a nationwide geographic space license throughout the whole 50 megahertz of the band that’s ‘overlaid’ on prime of the present incumbent licenses and consists of areas the place spectrum is unassigned. … That is akin to the framework that the Fee adopted within the 700 MHz [band] … in that that the 4.9 GHz Band Supervisor will probably be prohibited from utilizing the overlay license to supply its personal companies.”
The FCC added within the order that the “overlay license will allow FirstNet’s public security operations in unassigned spectrum within the band, which can support in increasing the supply of an essential public service and additional advance FirstNet’s mission by making its service extra dependable and placing obtainable spectrum to make use of with the intention to stop and/or reply to a catastrophe or disaster affecting the general public.”
Verizon and T-Cellular US have been among the many opponents of the transfer. Verizon CEO Hans Vestberg has protested what, based on an FCC submitting, he noticed as a “proposed spectrum giveaway would disrupt the aggressive market for public security and industrial wi-fi use. Offering AT&T with entry to an extra 50 megahertz of mid-band spectrum valued at over $14 billion and obtainable for industrial use would end in a considerable windfall, significantly at a time when the Fee and different policymakers are working to develop a pipeline for mid-band spectrum.” Vestberg argued that if the Fee made the spectrum obtainable for public security and industrial wi-fi use, it should achieve this by an applicable aggressive course of “moderately than
gifting the spectrum to at least one industrial supplier.” Nonetheless, the FCC has lacked public sale authority for greater than a 12 months. And its motion on the 4.9 GHz spectrum might face authorized challenges, as a number of commenters argued within the FCC report that it was questionable as as to if the company could be performing inside its present authorized authority if it required {that a} Band Supervisor strike a sharing take care of FirstNet, and likewise questioned whether or not FirstNet even had authorized authority to function outdoors of the 700 MHz license which it was granted by Congress.
AT&T, nevertheless, argued in an FCC submitting that: “This spectrum is important to handle public security’s rising want for devoted 5G spectrum and that by offering the FNA with entry to it, public security received’t be left behind.” It mentioned that calling FirstNet spectrum entry to 4.9 GHz a “windfall” for AT&T mischaracterized the connection between the 2 entities. “It’s not a grant of ’50 megahertz of mid-band spectrum’ to AT&T,” the provider declared, including: “AT&T would achieve no license, lease, or different spectrum use authorization for any 4.9 GHz band spectrum.” The Band Supervisor will maintain the license, the provider mentioned, and AT&T itself is barely ready to make use of extra community capability on a secondary, interruptible foundation. (It needs to be famous, nevertheless, that the FirstNet association, even on a secondary foundation, enabled AT&T to do extremely invaluable one-touch upgrades throughout its community on the street to 5G.)
The Aggressive Carriers Affiliation additionally launched a press release expressing disappointment within the resolution. “CCA is disillusioned with the FCC’s resolution to grant entry the 4.9 GHz band to FirstNet and, by extension, AT&T. This transfer raises issues about long-term native management of essential public security communication assets and represents an anti-competitive spectrum alternative for AT&T,” mentioned CCA President and CEO Tim Donovan.
Representatives of the utilities business, in addition to some massive public transportation programs just like the New York Metropolitan Transport Authority (which desires to make use of 4.9 GHz for clever transport connectivity) had additionally opposed the change to the 4.9 GHz band.
However FirstNet advocates cheered the FCC’s motion.
“When public security stands collectively, our voice is loud and clear. As I as soon as acknowledged in a congressional listening to, ‘we aren’t paid to give up.’ Our mission is to guard the American individuals and right this moment the FCC once more confirmed its help of that mission. We’re eternally grateful to Chairwoman Rosenworcel, Commissioner Carr, Commissioner Starks, and Commissioner Simington,” mentioned Chief Jeff Johnson (Ret), a former FirstNet official who served for six years on the FirstNet board and because the group’s Vice Chairman.
