On October 22, 2024 the FCC issued the Eighth Report and Order In the Matter of Amendment of Part 90 of the Commission’s Rules regarding the 4.9 GHz Band, WP Docket No. 07-100, FCC 24-114. In the Report and Order (R&O) the FCC affirmed the band’s status as a public safety band, and the Band Manager’s primary mission, “should be to protect public safety licensees from harmful interference.”
The Eight R&O States the Band Managers responsibilities will now include:
(1) frequency coordination and interference protection for the operations of existing incumbent public safety licensees;
(2) managing a spectrum sharing agreement with FirstNet;
(3) incentivizing the use of the latest commercially available technologies;
(4) facilitating non-public safety access through leasing;
(5) submitting an annual report to the Commission.
The Commission intends to issue a nationwide overlay license to the Band Manager, once selected, and authorize the Band Manager to enter into a sharing agreement with FirstNet for the use of unassigned spectrum in the band.
Based on comments received in prior proceedings on this record, the Commission declined to further implement a non-public safety leasing framework at this time. Although this seems to be in conflict with item 4 above, further in the document (¶47) the Commission states the Band Manager’s responsibility to facilitate non-public safety leasing shall be a review of the overall status of the band as part of its annual reporting requirement.
To maintain a stable spectrum landscape, until further notice, the Commission retains the freeze for all applicants who are not already 4.9 GHz licensees, and reinstates the freeze as it applies to incumbent licensees that was lifted pursuant to the 2021 Order on Reconsideration and the Freeze Modification Public Notice.
The Commission also determined it would require incumbent licensees to supply complete microwave path data for fixed links (granular data), and to obtain a license for base stations (currently authorized under the geographic license scheme) on a site-by-site basis. The Bureaus will issue a Public Notice that will give incumbent licensees 6 months to make the appropriate filings in the Universal Licensing System (ULS).
Incumbents will use ULS to create new licenses (with granular data) in newly created radio service codes PB (base/mobile, mobile-only, or temporary fixed operations) and PF (fixed links). Current PA licenses will be cancelled once the incumbents apply for and are authorized under the newly created radio service codes.
The full 51-page Report and Order can be found here: https://docs.fcc.gov/public/attachments/FCC-24-114A1.pdf or by searching for FCC 24-114. Incumbent 4.9 GHz licensees are encouraged to review the full document.