Trade Law Daily is a service of Warren Communications News.

In Further Notice of Proposed Rulemaking released Wed., FCC reque...

In Further Notice of Proposed Rulemaking released Wed., FCC requested comment on issues such as who should be eligible to use 50 MHz of spectrum recently allocated at 4.9 GHz to public safety operations. At Feb. 14 agenda meeting,…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

FCC approved order that allocated band to public safety uses such as high-speed digital technologies. Further NPRM seeks comment on: (1) Licensing and service rules for band. (2) Segmentation or channeling plans. (3) Impact of adjacent U.S. Navy operations. (4) Suggestions on how to use band in way that wouldn’t interfere with adjacent radio astronomy operations. Commission’s earlier tentative conclusions about band had been that additional spectrum exclusively for public safety didn’t need to be set aside at 4.9 GHz. Order approved by Commission reflected altered thinking, particularly given spectrum needs of public safety following Sept. 11 terrorist attacks. “The acts of terrorism committed against the United States on Sept. 11, 2001, reinforce the critical nature of the public safety community’s responsibilities to our nation’s safety and well-being,” FCC said. Among issues on which it seeks comment are whether eligibility standards for 4.9 GHz should be limited to state and local emergency workers and nongovt. public safety providers who work with govt. agencies. Item said there was no statutory language that required FCC to limit users to such operators. Commission seeks comment on whether broader description of public safety radio services should define eligibility in that band. That would broaden users beyond traditional public safety entities such as police and fire to others “whose facilities may be directly involved in an emergency and who provide essential services to the public at large,” FCC said. “We recognize that expanding the universe of users on this spectrum may result in congestion of the band, hindering the communications of emergency workers and causing the traditional public safety users to compete for valuable spectrum.” Commission said it was exploring “nontraditional means” of carrying out public safety use in band. One example would be allowing commercial licensees to use band to serve public safety agencies. NPRM seeks comment on how such arrangements could work. Another possibility, FCC said, would be to let commercial users be licensed on secondary basis. It also is exploring whether to allow federal govt. entities to use that spectrum.