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FCC Pondering

FirstNet Best Positioned to Manage 4.9 GHz Band: Phoenix Center

The FCC is working through comments on the future of the 4.9 GHz band and likely has reached no conclusions, industry and FCC officials told us. The Phoenix Center argued Monday 4.9 GHz should be allocated to FirstNet, saying that would be good for the economy and promote jobs.

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The FCC wrapped up its comment cycle less than two months ago. Chairwoman Jessica Rosenworcel has mentioned the band in a few recent appearances, including a speech last week at the Mobile World Congress, but without shedding light on what she would recommend. “We are taking a close look at the 4.9 GHz band and considering how it can be used for 5G services for public safety,” Rosenworcel said at MWC. The FCC declined comment.

The FCC sought additional comment on the band last year, reversing a 2020 order giving control to the states (see 2109300053). The Public Safety Spectrum Alliance sought to have the band assigned to FirstNet (see 2012300047). Verizon and T-Mobile opposed assigning the band to FirstNet or any other national manager in January reply comments (see here and here).

Historically, licensing (property rights) in the 4.9 GHz band has been highly decentralized, a senseless and uncoordinated approach that has led to the gross underuse and inefficient use of the spectrum,” said the Phoenix Center paper: “The alternative is to switch to centralized spectrum management, wherein a spectrum coordinator (e.g., the FirstNet Authority) manages the use of the spectrum across jurisdictions, agencies, and even by non-public-safety users when excess capacity is available.” The paper estimates giving FirstNet control would “release about $34 billion in Gross Domestic Product and create about 160,000 jobs.” It notes widespread use would mean a bigger market for network equipment and devices that use 4.9 GHz.

George Ford, Phoenix Center economist and an author of the paper, said it’s probably too early to know whether the FCC will give FirstNet control. “It seems that they’re leaning that way to me, but they don’t say specifically,” Ford said in an interview. “The most logical national coordinator would be FirstNet,” he said. The success of FirstNet’s network “is pretty strong evidence that that’s where the spectrum ought to end,” he said. “It seems … to be an obvious decision, but sometimes the most obvious decisions are not the ones that get made,” he said.

AT&T would benefit if FirstNet gets the band, because it’s building the network, Ford said. His group does independent research and the paper wasn’t paid for by any company, he said. If the FCC devised a bidding process for obtaining access after the band is assigned to a national coordinator, that could mean a more lengthy process at the FCC, he said: “That would be a waste of time, but they’re not calling and asking me.” Ford said projecting economic benefits is difficult. “You’ve got 50 MHz of spectrum sitting there doing nothing, basically, so you know that bringing it online is going to have a big impact,” he said.

The paper validates that deploying the band “has broad and substantial economic and job benefits beyond what the spectrum would do for public safety,” emailed Jeff Johnson, CEO of the Western Fire Chiefs Association: “It is clear that deploying this important spectrum for public safety has broad benefits especially if the spectrum is contemplated for commercial use with priority and preemption for public safety. This model has been proven at FirstNet, and we look forward to deploying this for the benefit of our nation’s first responders.”

In Flux

How to get the 4.9GHz band into highest and best use has been in flux for the last couple of years, owing in part to the change of administration and in part to pressure by existing public safety operators,” said Jessica Melugin, director of the Competitive Enterprise Institute Center for Technology & Innovation. The FCC probably hasn’t “sorted out all of the stakeholders’ interests to strike a balance everyone can agree on yet,” she said.

Kristian Stout, International Center for Law & Economics director-innovation policy, said he agrees with the Phoenix Center’s arguments. “This appears to be one of the areas where careful, thoughtful institutional design can lead to a centralized management that outperforms a decentralized set of communications infrastructures distributed around the country,” Stout said.

Establishing a nationwide framework for the 4.9 GHz band can create significant benefits, most notably by facilitating standardized equipment and interoperability between devices,” said Jeffrey Westling, American Action Forum technology and innovation policy director. The record “does demonstrate some strong support for such an approach,” he said.