FCC grants 700 MHz Band 14 license renewal to FirstNet Authority

An FCC bureau yesterday renewed the FirstNet Authority’s spectrum license into at least 2027, allowing the nationwide public-safety broadband network (NPSBN) to continue operating over the 700 MHz Band 14 airwaves—a key component of the FirstNet Authority’s 25-year agreement with contractor AT&T.

Approved by the FCC Public Safety and Homeland Security Bureau (PSHSB), the license renewal concludes a review process that was initiated when the FirstNet Authority submitted its license-renewal application last August, three months before its Band 14 (758-769/788-799 MHz) license was due to expire last November. Although the FirstNet Authority’s Band 14 license technically expired more than six months ago, NPSBN users have been allowed to continue communicating over the frequencies during the interim review period.

With its renewed license, the FirstNet Authority would not be subject to another major license-renewal review by the FCC until this new license expires in November 2032. However, Band 14 operations for that long are contingent on Congress reauthorizing the FirstNet Authority beyond its current sunset date in 2027—a matter that already has been the subject of proposed legislation.

Yesterday’s PSHSB order repeatedly cites the Spectrum Act language within the 2012 omnibus law that created the FirstNet Authority, generally noting that FirstNet Authority has met the requirements established by Congress in that legislation.

“In sum, based on the totality of the record, we conclude that FirstNet [the FirstNet Authority] has sufficiently demonstrated compliance with the requirements of the Spectrum Act to warrant renewal of its license,” according to the PSHSB order released yesterday. “We therefore grant FirstNet’s renewal for the remaining period of its authorization, not to exceed ten years, commencing November 15, 2022, or for the remaining period of its authorization from Congress, whichever is sooner, subject to the reporting conditions discussed above.

“As a Commission licensee, FirstNet remains subject to our statutory and regulatory authority, and we will continue to monitor and oversee FirstNet’s performance under its renewed license as circumstances warrant.”

Not surprisingly, news of the Band 14 license renewal was welcomed by the FirstNet Authority.

“The FirstNet Authority is pleased to have its Band 14 spectrum license renewed, which will allow public safety to have uninterrupted access to advanced broadband services, capabilities and features to better serve communities nationwide,” according to the FirstNet Authority statement provided to IWCE’s Urgent Communications.

“We appreciate the FCC’s careful consideration of our license-renewal application and recognition of the FirstNet program’s achievements. The FirstNet Authority will continue to work diligently to further innovate and grow the network to ensure it consistently meets public safety’s needs.”

FCC approval to renew the FirstNet Authority was expected by industry sources, as the Band 14 spectrum already is being utilized extensively. AT&T recently announced that it completed the initial five-year buildout of the nationwide Band 14 FirstNet system on schedule, although FirstNet Authority personnel are still evaluating the work.

AT&T announced in April that the FirstNet system supports about 4.7 million public-safety connections for more than 25,000 public-safety agencies. In addition, the Band 14 spectrum can be accessed for use by AT&T consumer subscribers when the airwaves are not needed by public safety—a public-private relationship envisioned by Congress in its 2012 legislation.

Despite this progress, there were commenters that asked the FCC to scrutinize the FirstNet Authority’s performance in certain key areas addressed by Congress in its 2012. Perhaps the highest-profile of these contentions were comments calling for the FCC to require that the NPSBN be interoperable with non-FirstNet networks as a condition of its Band 14 license renewal.

“FirstNet responds that the Spectrum Act requires FirstNet’s own network to support nationwide interoperability but does not mandate interoperability with other networks,” according to the PSHSB order. “FirstNet also asserts that its network is interoperable with other networks to the same extent that commercial LTE networks are interoperable with one another.

“We find that FirstNet has satisfied the requirement in Section 1422(a) [of the 2012 law] to build and operate an ‘interoperable’ nationwide network. The Spectrum Act sought to ensure that the NPSBN would support interoperable communications by all public safety users of the network nationwide. Section 1422(a) does not state that the NPSBN must be interoperable with networks other than the NPSBN, and we decline to read such a requirement into the Act.”

Other comments to the FCC questioned whether the FirstNet Authority “improperly expanded” the 2012 law’s definition of public safety by making FirstNet available to “extended primary” users like utilities, transit agencies and school districts. Once again, the FCC sided with the FirstNet Authority’s position in the matter.

“FirstNet [the FirstNet Authority] states that it has applied a definition of ‘public safety’ users consistent with the Act, under which first responders receive a higher priority level than other agencies that do not provide emergency response but that support public safety in other ways,” the PSHSB order states. “FirstNet also notes that the Spectrum Act authorizes it to offer service to non-public safety as well as public safety users, so long as public safety receives priority.

“We find that FirstNet’s definition of ‘public safety’ users and its tiered priority service approach to public safety users is consistent with the Spectrum Act.”