Why It Matters
Stakeholders disagree over who should control and use frequency used by first responders or the 4.9 GHz public safety spectrum band. Local public safety agencies, critical infrastructure operators, and wireless providers taking differing positions. A new Congressional Research Service report lays out four options Congress may pursue as it weighs the band's future with the looming authorization of the First Responder Network Authority (FirstNet Authority) set to expire next year on Feb. 22.
Some state and local public safety agencies opposed a nationwide licensing approach over concerns about lost local control during emergencies. Verizon has called for an auction of the band. It is unclear how the Federal Communications Commission (FCC) should proceed.
The Big Picture
The FCC allocated the 4.9 GHz band for state and local public safety use in 2002, following a recommendation that more spectrum be dedicated to emergency communications. In 2018, the FCC found that 3,174 of about 90,000 eligible public safety agencies were using the 4.9 GHz band, and that fragmented use prevented economies of scale and led to high equipment costs and limited equipment choices.
The FCC adopted rules in September 2020 allowing states to lease unassigned spectrum to non-public safety entities, but on Sept. 30, 2021, the FCC granted petitions to stay and reconsider those rules, finding they were not in the public interest. A revised framework adopted Jan. 18, 2023, preserved local control while establishing a Band Manager role; on Oct. 18, 2024, the FCC adopted final rules authorizing the Band Manager to seek a nationwide license and enter an agreement with the FirstNet Authority.
Six organizations challenged those rules in court. On July 21, 2026, the U.S. Court of Appeals for the D.C. Circuit resolved the consolidated case (No. 24-1363), finding one group lacked standing and denying the petitions of a second group, which included the Coalition for Emergency Response and Critical Infrastructure and the National Sheriffs' Association, on the merits. The CRS report describes no pending appeal following that decision.
Verizon called for an auction of the band and argued that granting 50 megahertz of spectrum, which it estimated at $14 billion, would yield a windfall for AT&T.
A separate petition filed by the Association of Public-Safety Communications Officials in February 2025 asks the FCC to modify its rules to enable 5G use in the band. AT&T and Ericsson support the change; the FCC sought comment on the petition, and the CRS report does not indicate whether the FCC has acted on it.
The Bottom Line
CRS identifies four options for Congress: codify the 2024 rules; override them and return control to local agencies; modify them to allow sharing for uses such as unmanned aircraft systems or critical infrastructure; or auction the unassigned spectrum. The report notes that auctions take time, which could limit spectrum use in the interim.
H.R. 7386, the First Responder Network Authority Reauthorization Act of 2026, passed the House and was referred to committee in the Senate. CRS describes Congress's consideration of 4.9 GHz policy in connection with that reauthorization as a possibility, not a committed action.
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