WASHINGTON, D.C., (May 10, 2024) – The Coalition for Emergency Response and Critical Infrastructure (CERCI), a broad-based coalition of public-safety, critical infrastructure industry (CII), and telecommunications entities, today filed a legal memorandum at the Federal Communications Commission (FCC or Commission) demonstrating the latest  proposal from the Public Safety Spectrum Alliance (PSSA) to issue a “nationwide overlay license” in  the 4.9 GHz spectrum band to a Band Manager for the purpose of signing a “sharing agreement” with the First Responder Network Authority  (FNA) is “ill-advised and unlawful.” The CERCI filing  explains how the PSSA proposal fundamentally undermines the FCC’s commitment to maintaining local control of the 4.9 GHz band and would negatively impact and impede current 4.9 GHz safety licensees, eliminate opportunities to deploy non-interfering Critical Infrastructure Industry (CII) uses in  the band, and essentially provide AT&T exclusive commercial access to billions of dollars’ worth of spectrum for free, a step that would substantially harm and distort competition in the commercial wireless marketplace.

The filing states in part, “While the PSSA purports to stand up for the interests of incumbent licensees, its proposal would strip today’s 4.9 GHz public safety licensees’ right to expand their systems by forcing ‘incumbent licensees to surrender spectrum they are not using.’ The PSSA cannot claim to serve existing licensees’ interests by taking away their rights to grow their capabilities by serving more public-safety users, covering more areas, and/or increasing capacity.”  In order to maximize the potential use of the band by public safety and CII, CERCI asks the Commission to adopt a rule prohibiting commercial mobile radio service operations in the band under any arrangement. 

The filing also explains that granting FNA control of the 4.9 GHz band is unlawful regardless of whether the Commission attempts that end directly or indirectly. CERCI reiterates that the Commission lacks statutory authority under the Middle-Class Tax Relief and Job Creation Act of 2012 to award FNA the ability to operation beyond the 700 MHz band and no other statute authorizes such operation. Moreover, the PSSA’s new proposal introduces problems under the Anti-Deficiency Act and the Federal Advisory Commission Act and implicates numerous constitutional issues.  The filing concludes that the FCC should reject the PSSA proposal. It states, “The Commission should—and, by law, must—operate within the limits of existing statutory authority to administer the 4.9 GHz band in an equitable, transparent manner that protects the reasonable reliance interests of incumbent public safety users while serving the broader public interest. The PSSA’s proposal fails that test.”

To learn more about the CERCI and read the full filing, please visit responsecoalition.com.

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CONTACT: Jo Maney (jmaney@bgrpr.com)

ABOUT THE COALITION FOR EMERGENCY RESPONSE AND CRITICAL INFRASTRUCTURE

The Coalition for Emergency Response and Critical Infrastructure (CERCI) is committed to maintaining local control of vital 4.9 GHz public-safety spectrum and working with the FCC to promote innovative usage of the band including non-interfering critical infrastructure uses. The founding members of the CERCI are Competitive Carriers Association, Edison Electric Institute (EEI), Major Cities Chiefs Association, National Sheriffs Association, T-Mobile, Verizon, and UScellular. Additional members include the California State Sheriffs’ Association, the National Association of Women Law Enforcement Executives, the National Rural Electric Cooperative Association, and the Industry Council for Emergency Response Technologies.