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1 [1] (April 7, 2026)

handle is hein.crs/goveudk0001 and id is 1 raw text is: Congressional Research Service Informing th Ieg sIative dabate sne 1914 4.9 GHz Public Safety Band: Competing Views on Use During the terrorist attacks on September 11, 2001, public safety agencies could not communicate effectively with one another, partly because high call volumes exceeded the capacity of local public safety radio systems. The 9/11 Commission, which investigated the attacks, called for additional spectrum for public safety use. In 2002, the Federal Communications Commission (FCC), the agency that manages nonfederal spectrum use, allocated the 4.9 gigahertz (GHz) band for state and local public safety use and granted licenses to agencies to use the band. In 2018, the FCC found that the 4.9 GHz band was underused. In 2020, the FCC adopted rules to expand use in the band, including for non-public safety purposes. Three public safety organizations asked the FCC to stay, reconsider, and vacate the rules; in 2021, the FCC stayed and reconsidered the rules. In 2024, the FCC adopted final rules for the band that would preserve local public safety use and select a Band Manager to (1) enter into an agreement with the First Responder Network Authority (FirstNet Authority) to utilize the unassigned frequencies and (2) coordinate band use. The FirstNet Authority, an independent authority in the National Telecommunications and Information Administration, operates, with AT&T, the FirstNet Network, a nationwide network for public safety users. A coalition of public safety entities supported the rules, stating they could spur innovation in the band. Others opposed the rules, including some incumbent public safety users, who contended that the rules would limit local control of frequencies; critical infrastructure industry (CII) operators seeking access to spectrum; and wireless service providers (e.g., Verizon, T-Mobile) that asserted the rules would yield a windfall to AT&T and stymie competition. Under P.L. 112-96, the statutory authority for the FirstNet Authority ends on February 22, 2027. As Congress considers potential reauthorization (e.g., H.R. 7386) and future spectrum auctions, it could preserve the band for local public safety use, auction unassigned frequencies in the band, or defer to the FCC on use, among other options. Background Typically, the FCC grants licenses to public safety agencies to transmit on certain frequencies from specified locations. Licenses in the 4.9 GHz band give state and local public safety agencies (1) blanket authority to operate base stations and mobile (handheld) units and temporary stations anywhere in their jurisdiction to support ad hoc networks during emergencies and (2) the ability to license fixed stations on specified channels to support broadband uses, such as high-speed data and mobile use, access to public safety databases from vehicle-mounted laptops, video use, and backhaul (i.e., use of wireless links to transport data). Prior to 2018, the FCC granted licenses to state and local public safety agencies to use the 4.9 GHz band. Secondary users-transit agencies, utilities, CII operators, and federal Updated April 7, 2026 agencies assisting public safety and homeland security missions-could enter into sharing agreements with licensees to use the spectrum. This approach has allowed some state and local public safety agencies to establish communication systems for emergency response, when and where needed, and to meet unique state and local needs. In 2018, the FCC reported that of the 90,000 public safety agencies eligible for 4.9 GHz licenses, 3,174 were using them. The FCC also found that band use was fragmented, meaning entities were using the band in different ways, preventing economies of scale, leading to high equipment costs, limited choices of equipment, and limited band use. 2020: 4.9 GHz Band Rules Adopted On September 8, 2020, the FCC froze any new or modified applications in the 4.9 GHz band. On September 30, 2020, the FCC adopted final rules for the 4.9 GHz band, granting states the right to lease the unassigned spectrum in the band to state and local entities and to non-public safety entities, with protections for incumbent public safety users. 2020: Petitions Filed In December 2020, three public safety organizations filed petitions with the FCC to stay, reconsider, and vacate the rules. The Public Safety Spectrum Alliance (PSSA), a coalition of public safety officials and organizations, opposed state control and commercial leasing and urged the FCC to preserve the band for public safety. The Association of Public-Safety Communications Officials (APCO) argued against state control, where each state could adopt different rules; APCO supported a national-level framework and consistent rules to create economies of scale, spur vendor investment, and yield new technologies in the band. The National Public Safety Telecommunications Council, a federation of 16 public safety groups, argued that state control of the band could affect local, flexible use and cause interference in the band, and the freeze could limit the rights of local licensees to expand systems and coverage, an issue the September 2020 final rules intended to fix. 2021: FCC Reconsiders the Rules On September 30, 2021, the FCC granted the petitions to stay and reconsider the 2020 rules. It found that the rules were not in the public interest and also partially lifted the freeze on new or modified applications. 2023: New 4.9 GHz Rules On January 18, 2023, the FCC adopted rules that would allow local public safety agencies to retain control of spectrum, appoint a Band Manager to develop a nationwide plan for the unassigned frequencies, and empower the Band Manager to coordinate public safety and non-public safety band use, with preemptions for public safety. The FCC also sought input on Band Manager roles and responsibilities.