FCC approves new 4.9 GHz rules for public safety, with secondary non-public-safety use

FCC commissioners this week unanimously agreed on new rules for 50 MHz of 4.9 GHz spectrum, establishing a nationwide framework with a single band manager but one that is designed to let individual public-safety licensees retain local control over operations in the band, including support of 5G connectivity.

Wednesday’s release of 4.9 GHz rules represent the FCC’s latest effort to bolster usage of the band, officially replacing the short-lived 4.9 GHz rules approved by the Republican-controlled FCC in the fall of 2020 that were halted by the current FCC soon after President Joe Biden took office in January 2021.

“This framework will retain the band’s existing status as a locally controlled public-safety band, but with more rationalized and coordinated public-safety operations on a nationwide level,” according to the FCC’s report and order. “Each licensee will retain the authority to decide for itself how best to use the band, given its unique circumstances and needs, but within the context of a predictable and consistent spectral framework nationwide.

“This will enable greater public-safety use, including for 5G, and allow the Band Manager to work with public-safety licensees to rationalize their use and consolidate their operations, potentially freeing up new opportunities for expanded use.”

This expanded use includes allowing non-public-safety entities to leverage the airwaves on a secondary basis. Non-public-safety entities operating at 4.9 GHz “will be subject to preemption by public-safety operations” in a manner that will be coordinated by the yet-to-be-named band manager, according to the FCC report and order.

“We believe this structure will foster greater development and deployment of 4.9 GHz band equipment and systems, increasing spectral efficiency and furthering the public interest, while retaining the operational flexibility and local control that have been the hallmarks of the band’s structure,” the report and order states. “This will move the band away from being underutilized and towards being a workhorse not only for public-safety operations, but also for non-public safety uses.”

This model appears to be similar to the one created in 2012 by Congress for the FirstNet Authority, which was charged with building a nationwide public-safety broadband network (NPSBN).

When the FirstNet concept was being developed, many industry sources initially questioned whether vendors would develop solutions accessing the 700 MHz Band 14 spectrum, if the only allowed users of the airwaves were the relatively small market of approximately 4 million fire, EMS and law-enforcement personnel. Today, there are more than 500 FirstNet Ready devices—a situation that most attribute to Congress enabling the spectrum to be used for non-public-safety use and the selection of a major carrier in AT&T as the FirstNet contractor.

Released on Wednesday, the 74-page FCC document includes the seventh report and order addressing the 4.9 GHz band that initially was designated for public-safety use in 2002. However, FCC officials repeatedly have characterized the 4.9 GHz airwaves as being underutilized, despite several attempts to alter rules in a manner that would encourage greater vendor innovation and public-safety adoption within the band.

The item was approved by FCC commissioners on circulation, meaning all four commissioners voted in support of the report and order, as well as the further notice of proposed rulemaking (NPRM) that asks commenters for input on various aspects of the 4.9 GHz situation. None of the FCC commissioners issued a comment about the 4.9 GHz item.

At the heart of the FCC’s new 4.9 GHz rules is the nationwide band manager. According to the report and order, “the Band Manager will have three primary responsibilities: (1) frequency coordination; (2) incentivizing the use of the latest commercially available technologies, including 5G; and (3) facilitating secondary non-public safety use.”

While the band manager is a significant component to the FCC’s new framework, the report and order does not identify what entity will serve in this important role.

Instead, the FCC will establish a selection committee that will evaluate applications from entities wanting to serve as band manager. The selection committee “will choose from a pool of qualified applicants,” according to the report and order. The selection committee’s choice “will be subject to a finding by the [FCC] commission that the selection satisfies the criteria established by the selection committee.”

Initial discussions by IWCE’s Urgent Communications with industry sources did not yield any consensus about what entity would best serve as band manager, although several possibilities were mentioned.

In particular, several noted that the Association of Public-Safety Communications Officials (APCO) is clearly the largest public-safety spectrum coordinator today. Similarly, many cited the FirstNet Authority’s experience in incentivizing the use of commercially available technologies and facilitating non-public-safety use of public-safety spectrum.

Jeff Johnson of the Public Safety Spectrum Alliance expressed support for the FCC’s new 4.9 GHz rules. Although “there’s a lot of work remaining,” Johnson said he believes the item can help pave public-safety adoption of 5G technologies.

“The public-safety community appreciates the commissioners’ and Chairwoman Rosenworcel’s support of public safety,” Johnson said during an interview with IWCE’s Urgent Communications. “They have kept their commitment to public safety through this order.

“It creates an opportunity for even more innovation in public safety, which—in the end—helps us protect the community. We’re excited to be given that opportunity.”

Rhonda Johnson, AT&T’s executive vice president of federal regulatory relations, applauded the FCC’s action in a statement provided to IWCE’s Urgent Communications.

“The FCC’s 4-0 unanimous action to protect the band for public safety is a win for public safety,” Johnson said in a prepared statement. “The report and order underscores the importance and need for dedicated spectrum for first responders

“I commend Chairwoman Rosenworcel and the other commissioners for listening to public safety, protecting those using the band today and developing a path forward to support the evolving communications needs of first responders.”

A FirstNet Authority spokesperson declined to comment on the FCC’s 4.9 GHz item at this time, noting that organization officials are in the process of reviewing the report and order.