On October 18, 2024, the FCC adopted an Eighth Report and Order in its 4.9 GHz band proceeding. The new rules will permit a yet-to-be-selected Band Manager to be eligible for a nationwide license in the band, overlaying the licenses of incumbent public safety licensees. The Band Manager will be authorized to enter sharing agreements with the First Responder Network Authority (FirstNet), which can integrate unused 4.9 GHz band spectrum into its nationwide public safety broadband network (NPSBN). Additionally, the Band Manager’s primary responsibilities will include providing frequency coordination for incumbent public safety operators and integrating new technologies.
The FCC hopes the Eighth Report and Order will cap a decade-plus-long effort to promote greater use of the 4.9 GHz band, which the FCC views as underutilized in certain areas of the U.S. However, the proposed rules were strongly opposed by several groups. Critical infrastructure entities considered themselves as natural sharing partners with public safety incumbents and sought co-primary access to the band. Verizon and T-Mobile viewed integration of the band into the NPSBN as a de facto grant of free spectrum to AT&T, which has a contract with FirstNet for NPSBN management. Given the amount of spectrum at issue, up to 50 MHz in some areas, there are various predictions that the issue will eventually be appealed to the court system. We will see what the future holds.