Getting 3 Votes for 4.9 GHz Item a Hurdle for Pai
Before Wednesday’s meeting, FCC Chairman Ajit Pai likely doesn’t have the three votes he needs for the 4.9 GHz order and Further NPRM, FCC and industry officials said. Commissioners Mike O’Rielly, Jessica Rosenworcel and Geoffrey Starks have concerns that could get resolved before the meeting. The approach faces opposition, especially from public safety groups (see 2009230048) that lobbied commissioner aides.
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The FCC would permit one statewide 4.9 GHz band licensee per state “to lease some or all of its spectrum rights to third parties ... making up to 50 megahertz of mid-band spectrum available for more intensive use.” States with more than one licensee would have to decide which would be the state lessor. The band would no longer have to be used for public safety. The FNPRM proposes new licensing and other rules. The FCC didn't comment Thursday.
“We remain hopeful that the FCC will ultimately give further weight to the recommendations made by NPSTC,” said National Public Safety Telecommunications Council Chair Ralph Haller. “Our proposed plan accommodates the needs of public safety in the band while opening the opportunity for critical infrastructure also to utilize the band.” It “further solves the incomplete database of uses by requiring existing users to register all current uses and implements frequency coordination for future uses,” he said.
“Public safety has not capitalized on the full potential of the 4.9 GHz spectrum, but it’s imperative the spectrum remains with public safety,” said Dave Johnston, president of the Kansas Emergency Medical Services Association. “Expansion of the wireless applications for the EMS, fire and law enforcement is growing at epic levels and it is shortsighted to reallocate the public safety dedicated resources.” He's “confident these ongoing discussions will spur development and utilization of the 4.9 GHz spectrum for public safety.”
Mark Crosby, president of the Enterprise Wireless Alliance, said the FCC’s proposal was “an absolute surprise” but could work if rules are properly transparent. “The refrain that if public safety does not maintain direct supervision of this 50 MHz it will jeopardize mission critical operations is tired,” Crosby emailed. NPSTC’s offer to support an opportunity for critical infrastructure to access the band under certain circumstances “is woefully inadequate and effectively locks out business enterprises,” he said: “If the FCC needs to step back and revisit in greater detail how the states will manage and promote 4.9 GHz opportunities for all, that would be acceptable. Returning to a limited eligibility scenario is not acceptable.”
The agency is focused on finding ways to spur more use of the band. In March 2018, commissioners approved 5-0 a sixth further notice (see 1803220037). The FCC notes in its current draft that while 90,000 public safety entities are eligible to obtain licenses in the band, 3,559 licenses are issued to 2,090 licensees.
New America’s Open Technology Institute supports the proposal “to encourage greater use of the band by allowing each state to decide for itself what mix of public safety, rural broadband or other nonpublic safety uses is most needed,” said Michael Calabrese, director of the Wireless Future Program. “The flexibility to use the band for nonpublic safety priorities is most welcome,” he said: “We support the concept only if the governor of each state ultimately decides on use cases, or certifies any delegation of authority over assignments.”