REGULATORY UPDATE >>
The Wireless Report
FCC opens 4.9 GHz spectrum; T-band repeal By John A. Prendergast, Managing Partner, Blooston Law (jap@bloostonlaw.com)
of its 4.9 GHz spectrum is voluntary, so the designated state licensee can simply decline to do so. Per para. 2 of its order:
John Prendergast
FCC Allows Alarm Companies, Others to Use 4.9 GHz Spectrum – But With a Catch In 2018, AICC filed both comments and reply comments in WP Docket No. 07-100, suggesting that allowing alarm operations to have limited access to the Public Safety 4.9 GHz spectrum would be useful to both alarm companies and public safety, as a way to allow alarm companies to participate in FirstNet as quasi-safety support entities, and to facilitate giving public safety access to, e.g., security video that can enhance first responders’ ability to safely assess and respond to an incident scene. To address public safety’s concerns about allowing any non-public safety use of the band, AICC proposed several safeguards, and opposed open access to the 4.9 GHz band to commercial radio operations due to concern that the band would be dominated by for profit operations that may hinder public safety use. In its draft 6th Report and Order and 7th NPRM in WP Docket No. 07-100 TMA Dispatch | Fall 2020
approved on September 30, the Federal Communications Commission chose not to allow commercial entities to apply directly for use of the Public Safety 4.9 GHz spectrum. The FCC cited AICC’s comments among others in declining to open the 4.9 band for commercial operations generally: “While several commenters note the continued need for spectrum to support public safety operations, most commenters recognize the need to allow non-public safety operations in the band to maximize use of this spectrum. At the same time, commenters overwhelmingly oppose giving non-public safety entities access by redesignating the band for commercial use.” Instead, the FCC has chosen to allow each State’s public safety community the opportunity to lease their 4.9 GHz spectrum to commercial entities and other potential users if the State determines it can benefit from this arrangement without jeopardizing its use for public safety operations. The decision by a State licensee to lease some
“Under our new framework, statewide incumbent licensees will be empowered with the authority to make decisions on how best to maximize the value and use of their spectrum based on market forces. States can continue to use the spectrum for their own public safety network operations; they can enter into one or more commercial arrangements for commercial deployment of publicsafety communications services; they can lease the spectrum to a commercial service provider for deployment of mobile or fixed wireless Internet service, private land mobile radio service or critical infrastructure connectivity; or they can pursue a combination of any of these scenarios (or any other arrangement that is allowed for pursuant to the service rules for the band and our Secondary Markets rules). The rule changes we adopt here will reverse the effects of the 4.9 GHz band’s antiquated licensing framework that have led to its underuse.” Thus, alarm companies will now be able to access 4.9 GHz spectrum, but will have to do so by leasing it from a statewide public safety licensee. This arrangement may not be as difficult for alarm service providers to enter into, given their history of working with and supporting public safety. APCO, the International Association of Chiefs of Police, the National Sheriffs Association, the Metropolitan Fire Chiefs Association and other groups earlier this month opposed the plan, citing concerns about losing access to this spectrum.
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