The Federal Communications Fee has granted using 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 out 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 determination was a bipartisan one, gathering help from all commissioners besides Commissioner Anna Gomez, who didn’t take part within the vote.
“The FCC’s determination 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 could impression the Nationwide Public Security Broadband Community (NPSBN) and its customers,” stated a FirstNet spokesperson. “As we have now stated, 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 carry 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 through which there was little settlement on something besides that the band was underutilized. New licenses within the band have been frozen for years, however once they have been out there, 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 can 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 proper to make use of all 50 megahertz of the band and it’s notably versatile in use, so mounted and cellular, moveable or momentary 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, tools 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 must be allowed to make use of these airwaves to “greatest meet their distinctive wants,” because the FCC stated on the time, with the concept that states might lease entry to the spectrum to FirstNet, business operators or electrical utilities. Present FCC Chairwoman and then-Commissioner Jessica Rosenworcel opposed that strategy, arguing that it could probably fragment the band and that 4.9 GHz would find yourself like the two.5 GHz “instructional” band that largely being leased to operators (notably, on the time, Dash) for the income, as an alternative of truly getting used for instructional networks. Additionally in late 2020, the Public Security Spectrum Alliance (PSSA) was fashioned and commenced 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.
Beneath Rosenworcel, the plan to let states lease out 4.9 GHz was halted and the FCC started a nation-wide slightly than state-level framework for management of and entry to the spectrum, whereas additionally exploring the extent to which it is perhaps used for business wi-fi exercise slightly than being a band solely for using public security. The freeze on exercise within the band was partially lifted in 2021; present licensees might modify their use of the band, however new licensees weren’t allowed.
The FCC says there are nonetheless almost 3,700 licenses presently 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, resembling for a bunch of counties, a metropolis or elements of a metropolis.
Quick-forward to the newest debate on using 4.9 GHz, through which AT&T and public security advocates together with PSSA argued that the spectrum ought to be allotted to FirstNet so as to be sure that there was ample capability for 5G, and as a band the place public security customers could be assured safety in opposition to dangerous interference, managed by the band supervisor.
The FCC stated within the new report and order: “We’re persuaded that increasing the Band Supervisor’s function and tasks to embody a nationwide overlay license and a sharing settlement with FirstNet for any unassigned spectrum is the perfect strategy to make sure that 4.9 GHz band spectrum is extra absolutely utilized within the close to time period, whereas on the identical time defending current incumbent licensee utilization. … The Band Supervisor, as soon as it has utilized for and receives an overlay license, will get hold of the rights to a nationwide geographic space license throughout your entire 50 megahertz of the band that’s ‘overlaid’ on high of the prevailing incumbent licenses and contains 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 likely 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 availability of an vital public service and additional advance FirstNet’s mission by making its service extra dependable and placing out there spectrum to make use of so as to stop and/or reply to a catastrophe or disaster affecting the general public.”
Verizon and T-Cell 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 business wi-fi use. Offering AT&T with entry to a further 50 megahertz of mid-band spectrum valued at over $14 billion and out there for business use would end in a considerable windfall, notably 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 out there for public security and business wi-fi use, it should achieve this by means of an acceptable aggressive course of “slightly than
gifting the spectrum to 1 business supplier.” Nevertheless, the FCC has lacked public sale authority for greater than a yr. And its motion on the 4.9 GHz spectrum could face authorized challenges, as a number of commenters argued within the FCC document that it was questionable as as to if the company could be appearing 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 critical 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 stated 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 acquire no license, lease, or different spectrum use authorization for any 4.9 GHz band spectrum.” The Band Supervisor will maintain the license, the provider stated, and AT&T itself is just ready to make use of extra community capability on a secondary, interruptible foundation. (It ought to be famous, nevertheless, that the FirstNet association, even on a secondary foundation, enabled AT&T to do extremely useful one-touch upgrades throughout its community on the highway to 5G.)
The Aggressive Carriers Affiliation additionally launched a press release expressing disappointment within the determination. “CCA is disenchanted with the FCC’s determination to grant entry the 4.9 GHz band to FirstNet and, by extension, AT&T. This transfer raises considerations about long-term native management of vital public security communication assets and represents an anti-competitive spectrum alternative for AT&T,” stated CCA President and CEO Tim Donovan.
Representatives of the utilities trade, in addition to some massive public transportation methods just like the New York Metropolitan Transport Authority (which needs 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 said in a congressional listening to, ‘we aren’t paid to give up.’ Our mission is to guard the American individuals and in the present day the FCC once more confirmed its help of that mission. We’re eternally grateful to Chairwoman Rosenworcel, Commissioner Carr, Commissioner Starks, and Commissioner Simington,” stated Chief Jeff Johnson (Ret), a former FirstNet official who served for six years on the FirstNet board and because the group’s Vice Chairman.