CERCI, PSSA Challenge FCC’s 4.9 GHz Order
The agency moved in October to allow AT&T's FirstNet to access the band.
WASHINGTON, Dec. 10, 2024 – Opponents of the Federal Communications Commission’s October order allowing AT&T’s FirstNet to access the 4.9 GigaHertz band had promised to take the agency to court. They’ve now sued to block the plan.
The Coalition for Emergency Response and Critical Infrastructure, a group backed by Verizon, T-Mobile, utilities, and some public safety groups, filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit on Nov. 27 seeking to vacate the order.
CERCI had argued against the move at the agency level, saying it would amount to a giveaway to AT&T, which can use dormant FirstNet spectrum as part of its contract. The group commissioned a study that found the airwaves could be worth up to $14 billion.
The 4.9 GHz band had been set aside by the agency for local public safety users. By a 4-0 vote – Commissioner Anna Gomez recused herself – the FCC in October adopted an order that would institute a band manager, which could then enter a sharing agreement with FirstNet to operate in unassigned portions of the band. FirstNet is the nationwide first responder network managed by AT&T.
As it did during the rulemaking, CERCI said in its filing that the FCC lacked legal authority to assign spectrum as described in the order and that FirstNet lacked authority to operate in bands outside its initial charter. The group is led by former NYPD Chief Kenneth Corey.
A coalition of pro-FirstNet public safety groups called the Public Safety Spectrum Alliance proposed the idea of opening the band to FirstNet in 2023 – the FCC had already proposed a band manager as a way of increasing utilization. AT&T backed the proposal, with CEO John Stankey meeting with multiple commissioners promoting the idea.
But PSSA also challenged the order in the DC Circuit, arguing in a Nov. 26 petition for review that the agency should have given FirstNet quicker access to the spectrum. The group wanted the order vacated in part.
“The FCC overlooked important aspects of the problem, alternative approaches, and other matters raised in the record that would have allowed FirstNet to gain access to the 4.9 GHz band more quickly and with more certainty,” PSSA wrote.
CERCI and PSSA did not immediately responded to a request for comment. The FCC declined to comment on pending litigation.
The two cases were consolidated on Dec. 2. Responses from the FCC are due Jan. 16, 2025.
Update: This story was updated to add a response from the FCC.
