Rosenworcel Likely Has Votes to Approve Latest Proposal for 4.9 GHz Band
Things have been quiet on the FCC 10th floor since Chairwoman Jessica Rosenworcel circulated an order with a new approach on the 4.9 GHz band, and early indications are she probably has the votes for approval. Rosenworcel circulated the order last month to establish a national band manager, which would govern the leasing process in the band, with an accompanying Further NPRM asking for feedback on details of how the leasing process could work (see 2210260064).
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The FCC agreed 3-1 in May 2021 to stay the 4.9 GHz order, approved 3-2 the previous year under then Chairman Ajit Pai, which gave states control over how the band is used (see 2009300050). Republican Commissioner Nathan Simington voted yes, but Commissioner Brendan Carr dissented. The FCC later asked for additional comment (see 2111300069).
Carr told us he hasn’t had a chance to fully digest the proposed rules. “As I’ve said sort of all along, I’m very open-minded at this point,” he said. “What Pai did [in the 2020 order] makes a lot of sense,” Carr said: “I don’t know that there’s just one right way to crack the nut here or solve the puzzle, so I’m very much open-minded to the ideas that Chairwoman Rosenworcel has here.”
Some groups proposed in August that the FCC create a not-for-profit entity “to serve as the organizing entity with responsibility for development of a 4.9 GHz spectrum band utilization strategy and policies.” The FCC would establish a single entity “with nationwide spectrum management responsibility” and develop a memorandum of understanding between that entity and the FCC, “including responsibility for ensuring that participating FACs [frequency advisory committees] operate in compliance with FCC rules and policies," under that proposal.
The filing was signed by the American Petroleum Institute, the Enterprise Wireless Alliance, the Forestry Conservation Communications Association, the National Sheriffs’ Association and the Utilities Technology Council. The same groups spoke with an aide to Rosenworcel last month after the item circulated: “They were advised that the Chairwoman understood the need for a national manager and hoped to take further steps in the proceeding in the near-term future,” said a filing in docket 07-100.
“We are pleased to see this moving along and are encouraged that the [order] seemingly endorses the need for a national manager of this band,” said EWA President Robin Cohen. “The devil is in the details, so we are interested in understanding the proposals for making more intensive use of this spectrum and in reviewing” the order and NPRM “when the item has been voted."
The Public Safety Spectrum Alliance, the National Public Safety Telecommunications Council and other groups opposed the Pai approach and wanted the FCC to instead allocate the spectrum to FirstNet, for public safety use (see 2101210050).
“I haven’t seen the order yet, but I think public safety has been clear about our needs in the record,” Western Fire Chiefs Association CEO Jeff Johnson told us. “I’m eternally optimistic that Chairwoman Rosenworcel and the commissioners understand public safety’s needs and will come through for us,” he said.
The band, once set aside for federal operations, was reallocated to public safety 20 years ago, but remains lightly used, most observers agree. Various iterations of the FCC tackled the future of the band since it was reallocated after the Sept. 11, 2001, attacks. By the FCC’s count a year ago, 3,541 licenses have been issued in the band nationwide, including 137 statewide area licenses and 1,145 countywide area licenses.