Public safety, critical-infrastructure entities make 4.9 GHz proposals to the FCC

Public-safety use of the 4.9 GHz spectrum band should be protected via a priority-and-preemption rules that allows sharing with critical-infrastructure entities, but exactly how this scheme is implemented remains a topic of considerable debate, according to dozens of comments to the FCC exploring the matter.

Comments about the best use of 4.9 GHz (4940 MHz to 4990 MHz) were due to the FCC in the latest proceeding about the airwaves, which traditionally have been dedicated to public safety but have been underutilized in the past, according to FCC commissioners. In the proceeding, the FCC is examining an alternative path for the band rather than implement the state-licensing scheme approved during the fall of 2020—rules that were halted last year.

Reply comments in the proceeding were due this week. With the commenting period complete, the FCC can issue a much-anticipated ruling on the matter, but no timetable has been announced for such action.

Cited most often by commenters in the proceeding was the position of the Public Safety Spectrum Alliance (PSSA), which initiated the push for the FCC to reconsider its 2020 ruling in a filing submitted at the end of December 2020.

Written by former FirstNet Authority Vice Chairman Jeff Johnson, the PSSA reply comments propose allowing non-public-safety use of 4.9 GHz spectrum, as long as it does not interfere with public-safety operations and that public-safety uses are prioritized and can preempt other uses.

PSSA also asks the FCC to issue a nationwide license to the 4.9 GHz spectrum, indicating that this approach is the best way ensure that the spectrum would be utilized and encourage that an ecosystem of cost-effective solutions is established for users of the band.

“A  nationwide  license  is  the  most  effective  way  to maximize  the  utilization of  the  4.9 GHz  Band,  and the  most  efficient  way  to ensure  that  public safety  users  enjoy  priority  and preemption,” the PSSA reply comment states. “A  nationwide  license  is  also  the  most  effective  way  to facilitate  the  Commission’s  other  goals  regarding  the  4.9 GHz  Band, including  nationwide network deployment, interoperability, and  reduced equipment  costs.

“Furthermore,  the  4.9 GHz nationwide  licensee  should have  the  authority  to  appoint  a  nationwide  band  manager  in order  to coordinate  usage  of  the  band, ensure  interoperability, and protect  public  safety  operations  from interference.”

Although the PSSA originally called for FirstNet Authority to be the nationwide licensee at 4.9 GHz when the PSSA was established in August 2020, the PSSA has not mentioned the FirstNet Authority in its FCC filings during the past year.

But this did not stop many other commenters from citing the original PSSA position. Filings from The Public Safety Network and several individuals supporting a license to the FirstNet Authority and comments from the Tennessee Sheriffs’ Association and some individuals opposing a 4.9 GHz license designation to the FirstNet Authority.

The International Association of Fire Chiefs (IAFC) expressed support for a nationwide licensee at 4.9 GHz, while the International Association of Chiefs of Police (IACP) commented that, “at this point, it is wise to keep all options open when considering a best path forward with 4.9 GHz.”

Reply comments from the State of California Governor’s Office of Emergency Services (Cal OES) note that it “strongly opposes” the notion of a nationwide licensee or band manager.

“This concept  could undermine the  use of the spectrum by state and local public-safety agencies and would force public safety agencies to conduct business with a specific vendor to make use of the spectrum,” according to the Cal OES filing. “Management of the 4.9 GHz spectrum is a core public safety function that should  not be delegated to a third party.”

AT&T—the carrier giant that won the contract to build and maintain the FirstNet public-safety broadband system—expressed support for the concept of a nationwide licensee, but did not specify the FirstNet Authority or any other entity as a preferred recipient. Both Verizon and T-Mobile oppose the notion of a nationwide 4.9 GHz license or band manager, expressing support for rules that would let public-safety users make local decisions about the spectrum’s use.

“The  record  supports  local  determination  of  4.9  GHz  public  safety  uses,  not  a  single nationwide  license  to  FirstNet  and  its  contractual  partner  AT&T,  nor  appointing  FirstNet/AT&T the  nationwide  band  manager,” according to Verizon’s reply comment. “Competition  and  choice  for  public  safety  communications  best serves  public  safety.”

Both AT&T and T-Mobile noted the importance of the FCC adopting 4.9 GHz rules supporting public-safety use of 5G technology in the band. This sentiment was echoed by the Safer Buildings Coalition (SBC), which also noted the 4.9 GHz airwaves should be used to provide in-building coverage to first responders.

“The  inability  for  public  safety  to communicate  inside  buildings  represents  an existential  threat  to the  life  and safety of  both  First  Responders  and the  communities  they serve,” according to the SBC reply comment. “The capabilities  of  the  4.9 GHz  Band  are  especially  well-suited  for in-building use cases.  This  is  particularly  true  of  applications  being developed  to  increase the ability  of public safety  to  deliver  more effective  solutions  when operating inside  buildings.

“This development, along with  information from  911  PSAPs, CAD  systems  and other  emerging applications  that  require  high bandwidth and low  latency, will  require  spectrum  in the  4.9 GHz Band  to  operate effectively. It is  essential  for  the  FCC  to adopt  a  framework and supporting rules  that  support  robust, resilient,  and  ubiquitous  availability of  broadband wireless  connectivity  inside  buildings.”

Numerous filings cite the need to allow critical-infrastructure entities to utilize the 4.9 GHz spectrum in a manner that would not harm public-safety operation—a position noted by the United Technology Council (UTC), the Enterprise Wireless Alliance (EWA) and Florida Power & Light. Not only would enable greater interoperability between public safety and critical infrastructure—something that often is needed during large emergency responses—but the additional use case would foster greater vendor innovation and competition, commenters state.

“Permitting [critical-infrastructure] entities to access the band will maximize the use of the spectrum while protecting and promoting public safety use of the band,” UTC states in its reply comment. “Frequency coordination coupled with technical restrictions should be the primary approach for managing spectrum sharing between public safety and non-public safety operations, and dynamic sharing such as SAS may have a role in coordinating certain applications, such as ADR (i.e. Aerial, Drone and Robotics operations).”

EWA echoed this sentiment and noted a potential legal problem associated with proposals to have the FirstNet Authority—part of the NTIA—become a nationwide licensee for the 4.9 GHz band.

“EWA  opposes the  recommendation of  the  Public  Safety Spectrum  Alliance  that  FirstNet  take  over control of  the  4.9 GHz  band,” the EWA reply comment states. “As the  FCC  itself  has  noted, that  proposal  raises  significant legal and  policy issues. Not  least  of those are  the  extent  to which AT&T  would  assume  significant  control  of  this  spectrum  without the  oversight  normally applicable  to  FCC  licensees  and  the  fact  that  the  spectrum  would no longer  be  subject to  the  FCC’s  jurisdiction  except  in the most  limited  sense.

“In  EWA’s  opinion, it  also would require  yet  another [further notice of proposed rulemaking (FNPRM)], as  nothing  in  this FNPRM suggests  that  the nationwide  band  manager  might  be  under  the  jurisdiction  of  the  National  Telecommunications and Information Administration [NTIA],  part  of  the  Department  of  Commerce, rather  than  the  FCC.”

Reply comments from the Wireless Internet Service Providers Association (WISPA) expressed support for unlicensed use in the 4.9 GHz band, with for public safety having guaranteed priority and preemption within the spectrum. This usage would be determined in a manner similar to the Spectrum Access System (SAS) used in the Citizen Broadband Radio Service (CBRS) band, according to WISPA.

“The record reflects strong interest in allowing unlicensed use  of the 4.9 GHz band alongside public-safety licensees,” the WISPA filing state. “WISPA appreciates the views  of forward-thinking public-safety associations that recognize the benefits that an ‘at the  ready’ equipment ecosystem can bring to public-safety licensees.

“Those opposing non-public safety use or seeking the meager incremental benefit of allowing only CII [critical infrastructure] to be eligible to use  the band fail to advance any argument supporting their position, instead relying on conclusory positions they cannot substantiate.”