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FCC awarding FirstNet Authority spectrum license to 4.9 GHz would be ‘unlawful,’ CERCI-sponsored legal analysis claims

April 18, 2024

A proposal calling for the FCC to grant the FirstNet Authority a nationwide license to the 4.9 GHz spectrum currently designated for public-safety use would be “unlawful,” according to a legal analysis filed this week with the FCC by an organization opposing the idea.

Commissioned by the Coalition for Emergency Response and Critical Infrastructure (CERCI), the legal analysis was prepared by the law firm of Jenner & Block and submitted to the FCC on Monday as part of the ongoing 4.9 GHz proceeding. CERCI has stated its opposition to the notion of the FCC granting the FirstNet Authority a nationwide license to the 50 MHz of 4.9 GHz of spectrum—a proposal made by the Public Safety Spectrum Alliance (PSSA)—since the organization was established in November 2023.