WASHINGTON, D.C., (April 15, 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) explaining that any proposal to reallocate the 4.9 GHz spectrum band from state and local license holders to the First Responder Network Authority (FNA) would be unlawful.

CERCI’s filing with the FCC responds to a proposal from the Public Safety Spectrum Alliance (PSSA) and supported by the FNA urging the reallocation of the 4.9 GHz band to the FNA.  The filing emphasizes several key points:

1) Lack of Statutory Authority: The Commission lacks statutory authority, as provided by the Middle Class Tax Relief and Job Creation Act of 2012, to grant the FNA a license beyond the 700 MHz band specified in the Act. Additionally, no other statute authorizes such a transfer.

2) Absence of FNA Authorization: Even if the FCC were to possess statutory authority for such a grant, the FNA is not statutorily authorized to receive it.

3) Violation of Legal Doctrines: Any attempt to undertake such a grant based on existing statutory authorities would violate both the major questions doctrine and the nondelegation doctrine.

In its filing, CERCI asserts that the proposal by the Public Safety Spectrum Alliance and the FNA to reallocate the 4.9 GHz band is unlawful and should be rejected. To learn more about the CERCI and read the full filing, please visit responsecoalition.com. 

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.