FCC Approves 4.9 GHz FNPRM, Cell Booster Changes on 5-0 Votes
The FCC approved on 5-0 votes a Further NPRM on the 4.9 GHz public safety band and an order eliminating the personal-use restriction on provider-specific consumer signal boosters, as expected (see 1803190053). The former item was changed at the request of Commissioner Mike O’Rielly since a draft was circulated to sharpen its focus on reallocating the spectrum for commercial use. An item to pave the way for 5G equipment had a 3-2 vote (see 1803220027) while another item on robocalling drew commissioner concerns (see 1803220028).
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In the 4.9 GHz FNPRM, the FCC “seeks comment on proposals, technical in nature, to encourage greater use of and investment in this public safety band, drawing on input from the public safety community and other potential users,” the agency announced. “The Commission’s goal is to promote increased public safety use of the band and protect users from harmful interference while opening the spectrum to additional uses that will encourage a more robust market for equipment and greater innovation.”
This is the sixth further notice on the topic. Commissioner Jessica Rosenworcel said she hopes the sixth time “is the charm.” The 4.9 GHz FNPRM seeks comment on various proposals designed to promote use of that band, reallocated for public safety 16 years ago, more than a decade before the advent of FirstNet. Of the more than 90,000 public safety jurisdictions in the U.S., fewer than 3 percent hold licenses in the 4.9 GHz band, the FCC said.
O’Rielly said it's “way past time” to take another look at the band. He said the best use may be for wireless broadband. “Only at the very end does this item discuss the idea of redesignating this spectrum for commercial use,” he said. Some public agencies appear to be using the band for video security and roadway cameras, internet access for travelers and tourists, speed and message signs and the collection of traffic and weather data, O’Rielly said. “These purposes do not fall under the category of cutting edge technologies that will enhance public safety’s ability to share critical and time sensitive information during emergencies.”
Commissioner Brendan Carr said the most important part of the FNPRM may be the questions it asks about rethinking the FCC’s entire approach to the band. “Over the years, the commission’s spectrum policy has moved away from central planning,” he said. “We’ve embraced flexible use approaches.” The goals are simple, said Chairman Ajit Pai. The agency wants to “promote more productive use of the band, to foster the development of new technologies and to spur investment,” he said.
“As the demand for wireless services continues to grow, it is imperative that the FCC takes steps to ensure underutilized spectrum bands are used efficiently,” said Commissioner Mignon Clyburn. “Unfortunately, local public safety entities have yet to take full advantage of this band.”
Members also approved an order that updates cell booster rules approved in 2013, lifting the personal-use restriction on consumer cell-signal boosters. Booster-maker Wilson Electronics and T-Mobile had asked the FCC to lift the personal-use restriction and last year the FCC sought comment with most supporting the change (see 1703240041).
An FNPRM proposes to eliminate as well the personal use restriction “on wideband boosters and to authorize non-subscribers to operate both types of consumer signal boosters, and seeks comment on whether to expand consumer signal booster operations to additional spectrum bands,” said a news release.
“Our current rules restricting boosters to personal use don’t allow small businesses and other organizations like public safety entities to take full advantage of these devices,” Pai said. “Based on the experience to date with signal boosters, these restrictions are no longer necessary.”
“As someone that lives in an English basement apartment, I can appreciate why many consumers want to boost their wireless signals,” Carr said. “A lot has changed since we adopted these rules in 2013.”
Clyburn said colleagues agreed to her edits seeking comment on ways to streamline and future-proof the use of boosters "as much as possible.” She said “doing so would eliminate the need to conduct a new rulemaking every time a new band is opened up for mobile use, or the industry finds a new use for signal boosters.”
“Hundreds of thousands of signal boosters have been deployed,” said Rosenworcel. “They not only improve service for individual consumers, they benefit carriers by reducing the number of dropped calls due to weak signals. Today, we build on that success by eliminating what has proved to be an unnecessary restriction limiting the use of signal boosters by businesses, schools and public safety.”