https://crsreports.congress.gov
Updated March 31, 2025
4.9 GHz Public Safety Band: Competing Views on Use
During the terrorist attacks on September 11, 2001, public
safety agencies could not communicate with one another
because of the high volume of calls that overwhelmed radio
systems and the lack of interoperability among agencies.
The 9/11 Commission, tasked with investigating the
attacks, called for additional spectrum for public safety use,
among many things. In 2002, the Federal Communications
Commission (FCC)—the agency responsible for managing
nonfederal spectrum use—allocated the 4.9 gigahertz
(GHz) band for state and local public safety agencies and
began granting licenses to agencies to use it.
In 2024, the FCC adopted new rules for the band that would
preserve existing public safety use and also open the band
to the First Responder Network Authority (FirstNet)—an
agency in the Department of Commerce that manages the
nationwide public safety broadband network (NPSBN) with
its partner, AT&T. Some public safety agencies support the
new rules and the potential to increase innovation and use.
Other groups, such as incumbent public safety users, critical
infrastructure industry (CII) operators, and private wireless
service providers, oppose the rules. Opponents contend that
the rules could inhibit flexible and future use in the band,
result in a windfall to AT&T, and stymie competition.
As wireless technology use increases, so does demand for
spectrum. The FCC tries to promote the efficient use of
spectrum, enable access to new users, and protect existing
users. In some cases, the FCC has identified spectrum for
new uses. In other cases, Congress has passed legislation
(e.g., P.L. 112-96, Title VI) directing the FCC to make
spectrum available for new uses through reallocation or
auction. This report provides background on the 4.9 GHz
band and options for Congress.
Background
Typically, the FCC grants licenses to public safety agencies
to transmit on certain frequencies from specified locations.
Licenses for the 4.9 GHz band, which includes frequencies
from 4940-4990 megahertz (MHz), authorize agencies to
use any channel in the band and give them (1) blanket
authority to operate base stations and mobile units (e.g.,
handheld units) and temporary stations anywhere within
their jurisdiction for use during emergencies and (2) ability
to license fixed stations on specified channels to support
broadband uses, such as high-speed data and mobile use,
accessing public safety databases from vehicle-mounted
laptops, video use, and backhaul (i.e., wireless links that
transport data between networks).
From 2003 to 2018, FCC granted licenses to state and local
public safety agencies. Secondary users—transit agencies,
utilities, CII operators, and federal agencies assisting public
safety and homeland security missions—could enter into
agreements with licensees to use the band. Agencies assert
that this approach gave them flexibility to respond quickly
to emergencies and to meet unique state and local needs.
In 2018, the FCC found that the band was underused; in the
90,000 public safety agencies eligible for 4.9 GHz licenses,
3,174 licenses were in use. The FCC also found that entities
were using the band in different ways, preventing
equipment makers from realizing economies of scale and
leading to high equipment costs and limited availability of
equipment in the band.
2020—4.9 GHz Band Rules Adopted
On September 30, 2020, the FCC adopted an order setting
rules for the 4.9 GHz band, granting states the right to lease
the spectrum in the band to state and local entities and to
non-public safety entities, with protections for incumbent
public safety users. While these rules would have opened
the band for new use, they altered the initial designation of
the band for exclusive public safety use. The FCC also
froze any new or modified applications in the band.
2020—Petitions Filed
In December 2020, several public safety organizations filed
petitions with the FCC to stay, reconsider, and/or vacate the
rules. The Public Safety Spectrum Alliance (PSSA), a
coalition of public safety officials and organizations,
opposed state control and commercial use and urged the
FCC to preserve the band for public safety. The Association
of Public-Safety Communications Officials (APCO) argued
against state control because each state could adopt
different rules for the band, causing fragmentation and
hindering economies of scale. APCO argued for a national-
level framework and consistent rules to create economies of
scale, spur vendor investment, and yield new technologies
in the band to further public safety interests. The National
Public Safety Telecommunications Council (NPSTC), a
federation of 16 public safety organizations, argued that
state management of the band could affect public safety
access, flexible use, and protection from interference in the
band, and that the application freeze would affect licensee
rights to expand use, an issue the order 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 the rules were
not in the public interest and partially lifted the freeze.
2023—New 4.9 GHz Rules
In January 2023, the FCC adopted an order setting rules that
would allow public safety agencies to retain local control of
spectrum use for public safety purposes; appoint a Band
Manager to develop a nationwide plan for 4.9 GHz band
use, to create economies of scale and spur investment in the
band; and empower the Band Manager to coordinate public
safety and secondary, non-public safety use in the band,
preemptible by public safety operations. The FCC sought
