AT&T's FirstNet scores a win in its court fight to gain access to first responder's 4.9GHz band

The 4.9 GHz band has properties considered holding an advantage for the deployment of 5G networks. Add to that the fact that wireless carriers have faced a shortage of available spectrum since the FCC’s authority to conduct spectrum auctions expired in March 2023.

Both the sheriffs' association and BART, themselves current users of the 4.9 GHz band, had supported the request for a stay. A key point of contention was the FCC’s requirement for existing geographic licensees in the band to convert to site-specific licenses by June 9, 2025.

The groups pointed out that this timeframe was not enough to complete the necessary engineering studies at each of their operational tower locations. They also argued that reserving all currently unassigned airwaves would interfere with their planned service expansions. The sheriff's association stated in its filing that this action could undermine public investments and restrict the emergency communication capabilities of several state and local public safety organizations. BART also claimed that it would be forced to postpone and potentially restart its ongoing project to implement a new train control system.

In response, the FCC argued that the license conversion would not negatively impact the current operations of existing licensees. Regarding BART’s specific concerns, the FCC indicated its willingness to consider waiver petitions under "special circumstances," noting that BART had not yet submitted such a request. While BART acknowledged the possibility of a waiver, it expressed doubt that the agency would adequately address its concerns. The initial order enabling FirstNet’s access to the band was issued under the previous FCC Chairwoman Jessica Rosenworcel, with support from the current Chairman Brendan Carr.

Two lawsuits have been filed against the FCC regarding this order. The Coalition for Emergency Response and Critical Infrastructure (CERCI), backed by Verizon and T-Mobile and opposed to the plan, argues that FirstNet lacks the legal authority to operate outside its original charter. At the same time, the Public Safety Spectrum Alliance (PSSA), led by a former FirstNet executive and in favor of the plan, seeks even faster access to the airwaves for FirstNet.

This situation shows how tricky it is to balance giving first responders the latest tech with making sure others get an equal and fair share of the pie. The court’s decision allows the FCC’s order to proceed, but the underlying legal challenges indicate that the debate surrounding the 4.9 GHz band allocation is far from over.

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