1/11 FCC Reply Comments on Sharing the 4.9 GHz Band for Open Access

OTI’s Wireless Future Project wrote and filed reply comments with the Federal Communications Commission (Commission) along with Public Knowledge urging the Commission to authorize open and coordinated secondary public use of the grossly underutilized 4.9 GHz public safety band with interference protection managed by an automated frequency coordination system, thereby enabling the widest and most effective use of the spectrum possible. OTI filed initial comments in the proceeding in November. The reply comments made three key points summarized below:

New America’s Open Technology Institute and Public Knowledge (“OTI and PK”) respectfully submit reply comments in response to arguments in the record discussing the Commission’s Eighth Further Notice of Proposed Rulemaking in the above-captioned proceeding (“FNPRM”). OTI and PK urge the Commission to allow open and coordinated secondary use of the 4.9 GHz band with interference protection managed by an automated frequency coordination system, such as that adopted in the 6 GHz or Citizens Broadband Radio Service (CBRS), to ensure the widest and most effective use of the spectrum possible.

First, the record reflects strong support for secondary spectrum sharing by non-publicsafety users on either an unlicensed or licensed-by-rule basis. The record supports the adoption of a database coordination mechanism to facilitate secondary, open access use of the 4.9 GHz band while simultaneously protecting incumbent public safety operators and coordinating among public safety entities with overlapping jurisdictions.

Second, the record shows overwhelming evidence that dynamic spectrum management systems have grown to be adequately sophisticated to facilitate the sharing of public safety spectrum for a wide range of commercial uses while protecting incumbent providers with sensitive and real-time operations from harmful interference.

Finally, opening the 4.9 GHz band for open secondary access would yield several key public interest benefits, most notably boosting fixed wireless broadband in rural, Tribal, and other high-cost areas, offering capacity to enterprise networks, and reinvigorating the equipment ecosystem in the band, thereby driving down costs for incumbent public safety operators.