CERCI cites ‘disappointment’ in FCC’s apparent movement toward 4.9 GHz rules

FCC commissioners could be on the verge of approving new rules for the 4.9 GHz spectrum band that would give the FirstNet Authority effective control of the public-safety airwaves, according to the Coalition of Emergency Response and Critical Infrastructure (CERCI), which expressed “disappointment” in the developments.

CERCI today issued a press release indicating that the FCC has decided to circulate a 4.9 GHz item, echoing a report from TR Daily published early this month that the item would be approved by 4-0 vote, with Commissioner Anna Gomez recusing herself from the vote. CERCI’s press release expresses concern that the FCC appears to be taking steps toward a 4.9 GHz vote “without a complete understanding and factual record of how public safety utilizes the band.”

No 4.9 GHz item has been mentioned on the FCC’s “Items on Circulation” web page as of the posting of this article, but the page has not been updated since Oct. 11, according to a PDF document on the FCC web page.

Several Beltway sources have told IWCE’s Urgent Communications that they have been informed that the TR Daily reporting is accurate, but none of these sources said that they have direct knowledge of the situation. In addition, none of the sources interviewed by IWCE’s Urgent Communications said they had seen a draft of the supposed 4.9 GHz item, so they could not provide details that would clarify the many questions surrounding the much-debated issue.

CERCI Chairman Kenneth Corey—a retired chief for the New York Police Department (NYPD)—said he has not seen a copy of the FCC’s draft order regarding the 4.9 GHz band, but he expressed disappointment that CERCI’s hope for FCC rules guaranteeing local control of the 50 MHz public-safety band apparently will not be realized.

“While we are not certain about the content of the circulated order, this step is deeply concerning,” Corey said in a prepared statement. “We will, of course, reserve final judgement until we have an opportunity to review the order when it is made public for the first time, but we fear the Commission’s action may be detrimental to large segments of the public-safety community.

“CERCI remains committed to advocating for local control in the 4.9 GHz band, ensuring that it remains available to the thousands of public-safety professionals who depend on it to keep our communities safe.”

In its press release, CERCI states that it “is concerned that the proposed order could upend local control of existing public-safety systems in the band while resulting in a multi-billion-dollar spectrum windfall for [FirstNet Authority contractor] AT&T that would allow unlimited commercial use of the band.

“CERCI remains concerned that the draft order circulated by the Chairwoman [Jessica Rosenworcel] will fail to protect existing public-safety operations, disrupt day-to-day usage, and eliminate the ability to meet the specific communications needs of local first responders.”

While reports indicate that the FCC plans to grant the FirstNet Authority with some sort of control over the 4.9 GHz band, there are numerous questions about how that would be done, according to public-safety and industry sources speaking with IWCE’s Urgent Communications.

Some of the key questions include:

In its press release, CERCI states that an FCC order that lets the FirstNet Authority control the 4.9 GHz spectrum “will only slow reform of the 4.9 GHz band and face significant legal challenges.”

Indeed, CERCI repeatedly has asserted that current law does not authorize the FCC to approve a 4.9 GHz spectrum license to the FirstNet Authority—a federal-government entity—and does not allow the FirstNet Authority to accept a license to airwaves outside of the 700 MHz Band 14 spectrum allocated by Congress in 2012. AT&T has disputed this position in its filing to the FCC.