FCC Modifies Temporary Filing Freeze for the 4.9 GHz Band

Consistent with the Commission’s October 18, 2024 decision in the Eighth Report and Order, the FCC released the Public Notice DA 24-1136 on November 15, 2024.   The Public Safety and Homeland Security Bureau and the Wireless Telecommunications Bureau (Bureaus) modified the temporary filing freeze on the acceptance and processing of certain applications in the 4940–4990 MHz (4.9 GHz) band.

The Bureaus initially imposed the freeze on September 8, 2020, to maintain a stable spectral environment in the 4.9 GHz band while the Commission considered changes to the service rules governing operations in the band. Specifically, the Bureaus suspended the acceptance of: (1) applications for new licenses authorizing operations of any kind (geographic area or permanent fixed site operations) in the 4.9 GHz band; and (2) applications to modify existing licenses authorizing operations in the 4.9 GHz band, unless otherwise excepted.

FCC Announces Deadline for 4.9 GHz Licensees to Update Licensing Data  

On December 9, the Federal Communications Commission (FCC) issued a Public Notice announcing that all 4.9 GHz public safety licensees must update their granular licensing data in the Universal Licensing System (ULS) by June 9, 2025. This requirement follows FCC action to adopt a framework in which a to-be-selected band manager will hold a nationwide overlay license and enter into a sharing agreement with the First Responder Network Authority (FirstNet) to access the band in areas unused by incumbent operations. The FCC outlined the following process for licensees to provide details on their current operations and use of the band:

  1. Review current operations – Licensees must ensure that all active operations under existing PA licenses are correctly documented and categorize operations into two new license types: PB (base/mobile, mobile-only, or temporary fixed operations) or PF (fixed point-to-point or point-to-multi-point operations).
  2. Submit granular licensing data – Starting December 9, licensees must use ULS to file detailed licensing data for new PB and PF licenses. For PB licenses, licensees must use schedule D and H forms to provide details such as coordinates, antenna heights and areas of operation. For PF licenses, licensees must use schedule I forms to submit data on transmission/receiver antenna parameters, frequencies and path details. Licensees should also include a list of the relevant PA call signs in an attachment to the PB and PF service code request(s).
  3. Cancel PA licenses – Once licensees’ new PB and PF licenses are issued, licensees must cancel any existing PA licenses. After June 9, 2025, any remaining PA licenses will be cancelled automatically.

Incumbent public safety licensees in the 4.9 GHz band must follow this three-step process and provide the granular licensing data to remain authorized to operate in the band.

Provide your 4.9 GHz granular licensing data

Questions and Answers

Q1: What is the purpose of the filing freeze on the 4.9 GHz band?

A: The filing freeze was established to maintain a stable spectral environment while the FCC considered changes to the rules governing the 4.9 GHz band. It ensures that spectrum use is managed effectively as new policies and a Band Manager system are implemented.

Q2: How has the FCC modified the temporary filing freeze?

A: The FCC has reinstated certain restrictions on incumbent licensees and updated exceptions to the freeze. The changes include:

  1. Prohibiting incumbent licensees from modifying existing licenses or applying for new permanent fixed sites within their licensed service areas, unless specifically excepted.
  2. Allowing exceptions for applications reflecting existing authorized use and filings necessary for the Band Manager’s nationwide overlay license.

Q3: What types of applications are affected by the freeze?

A: The freeze applies to:

  1. New applications for licenses authorizing any operations in the 4.9 GHz band.
  2. Applications to modify existing licenses for permanent fixed sites or geographic areas.

Applications filed under these conditions will be dismissed unless accompanied by a successful waiver request.

Q: Are there any exceptions to the freeze?

A: Yes, the following applications are exempt:

  1. License renewal applications without modifications.
  2. Applications to modify licenses by deleting frequencies or reducing technical parameters (e.g., power, bandwidth).
  3. Applications for license transfers, assignments, or cancellations.
  4. Applications reflecting existing authorized use (radio service codes PB and PF).
  5. Filings necessary for the Band Manager’s nationwide overlay license.

Q: What is the role of the Band Manager under the FCC’s updated rules?

A: The Band Manager will:

  1. Oversee spectrum use within the 4.9 GHz band.
  2. Apply for a nationwide overlay license.
  3. Facilitate sharing agreements with entities like the First Responder Network Authority (FirstNet).
  4. Support granular data collection on public safety operations.

Q: Can affected entities request waivers to the freeze?

A: Yes, entities may submit waiver requests on a case-by-case basis. Requests must demonstrate special circumstances, consistency with the public interest, and address how the request aligns with the goals of the freeze.

Q: What prompted these modifications to the freeze?

A: The modifications align with the FCC’s Eighth Report and Order, which aims to enhance public safety access to the 4.9 GHz band through better management and sharing mechanisms, including the establishment of a Band Manager.

FCC Adopts Report & Order Concerning 4.9 GHz Band

On October 22, 2024 , the Federal Communications Commission (FCC) adopted a long-anticipated Report and Order (8th R&O) concerning licensing and use of the 4.9 GHz band (WP Docket 07-100). Most importantly, the FCC ensured that the band will be reserved for public safety use and emphasized the importance of protecting existing incumbent operations and incentivizing technical innovation within the band.

Key Takeaways from the 8th R&O

  • The FCC ensured that the band will be reserved for public safety use and emphasized the importance of protecting existing incumbent operations and incentivizing technical innovation within the band.
  • The FCC adopted a framework in which the band manager (BM), once selected, will apply for and hold a nationwide “overlay license” and be authorized to enter into a sharing agreement with FirstNet to access the band where there are no incumbent operations.
  • FCC will no longer allow public safety agencies to acquire new licenses. Instead, the current incumbents are essentially frozen in time, with FirstNet having access to all that remains. A public safety agency that would still seek to obtain its own license (vs. as a FirstNet subscriber) would need to file a waiver request with the Commission.
    1. The FCC retained a freeze on new licensees and tightened the earlier flexibility it afforded to existing licensees. Basically, no further 4.9 applications can be filed unless accompanied by a waiver request. Implement the freeze via public notice within 30 days of the adoption of the 8th R&O (by November 18, 2024).
  • FCC will issue a public notice giving incumbent licensees 6 months to make appropriate filings in ULS,  e. complete microwave path data for fixed links, and obtain a license for base stations currently authorized under the geographic license scheme on a site-by-site basis.
  • Begin the process of determining the composition of the Band Manager selection committee.

Granular Data Collection

As stated in item 4 above, the Bureaus will issue a Public Notice that will give incumbent licensees 6 months to make the appropriate filings in Universal Licensing System.

Per rule section 90.1207 (e)(1) & (2) , the incumbent licensees (current geographical licensees) must provide the following information via ULS:

Applications for license in the 4940-4990 MHz band must include the following technical information.

(1) The license for base/mobile, mobile-only or temporary fixed (1 year or less) stations will specify, among other parameters, the following technical information:

(i) Coordinates (base).

(ii) Antenna height-to-tip (base and temporary fixed).

(iii) Antenna height above average terrain (base).

(iv) Center frequency, emission designator, and ERP.

(v) Number of units (mobile and temporary fixed).

(vi) Area of operation (mobile and temporary fixed), which shall be limited to the geographic area encompassing the legal jurisdiction of the licensee or, in case of a nongovernmental organization, the legal jurisdiction of the state or local governmental entity supporting the nongovernmental organization. However, applicants may define their areas of operation outside of their areas of legal jurisdiction to assist public safety operations with the permission of the jurisdiction(s) in which the mobile and/or temporary fixed stations are to be operated.

(2) The license for permanent fixed point-to-point, point-to-multipoint and fixed receiver stations must include, among other parameters, the following technical information:

(i) Transmitting station coordinates.

(ii) Frequencies and polarizations.

(iii) For the transmitting equipment, the tolerance, effective isotropic radiated power, emission designator, and type of modulation (digital).

(iv) For the transmitting antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level.

(v) Receiving station coordinates.

(vi) For the receiving antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level.

(vii) Path azimuth and distance.

For further information, refer to https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D/part-90#90.1207

Questions & Answers

Q: Can I apply for a new license in 4.9 GHz band?

A: No.  FCC has placed a freeze on all new licensing

Q: Can I expand my current geographic license in 4.9 GHz band?

A: No.  The FCC has placed a freeze on all licensing.  Once a band manager is selected, licensee can work with band manager to weight their options.  Licensees adding sites, increasing bandwidth, adding new antennae and increasing channel size and throughput of their 4.9 GHz system are examples of system modifications to incumbent 4.9 GHz licenses that could be proposed, once a 4.9 GHz Band Manager is in place.

Q: My current 4.9 GHz license has a service code of PA.  What happens after I have provided granular data to FCC?

A: If your license is for base/mobile operations, the service code will change to PB.  If your license is for fixed point-to-point or point-to-multipoint, then the new service code is PF.

Q: Can I use a public safety coordinator such as APCO to submit the granular data?

A: Yes.  APCO will aid the licensee in providing the necessary information to the FCC by gathering  all the granular data as required by FCC and submitting it  via ULS.  You may contact Karen Sowers at APCO Licensing at (386) 944-2469 or email [email protected] for further information on how APCO can aid 4.9 GHz licensees in meeting their FCC requirements.

Q: Why is the FCC requiring me to share information on my exiting 4.9 GHz operation? 

A: To meet the FCC’s requirements of introducing new technologies and innovation to public safety’s use of the band, the 4.9 GHz will be coordinated going forward using sound engineering principles and tools and the only way to protect current operations is to obtain the operating parameters and conditions of incumbent systems.  This information is needed to contribute to the protection of incumbent systems.

Q: What if I do not know the parameters requested of my 4.9 GH incumbent system(s) and do not have the background or knowledge to provide the information to the FCC?

A: Incumbents are urged to reach out to their vendors to capture the necessary system information and parameters needed to update their 4.9 GHz license per the FCC’s rules.  Whether the vendor is the one who installed the system or not, identifying the parameters associated with your current 4.9 GHz use is a skillset most public safety communications vendors should have.