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WASHINGTON, D.C., US — October 2026 — The future allocation and management of the 4.9 GHz public safety spectrum band is under renewed consideration as US lawmakers weigh options for balancing emergency communications requirements, spectrum efficiency and potential commercial use.
A Congressional Research Service (CRS) report published on 7 October 2026 outlines four policy options for Congress as the reauthorization of the First Responder Network Authority (FirstNet Authority) approaches its 22 February 2027 deadline. The options cover retaining the existing Federal Communications Commission (FCC) framework, restoring local control, permitting spectrum sharing, or auctioning unassigned spectrum.
The FCC allocated the 4.9 GHz band for state and local public safety use in 2002. However, the band has faced longstanding challenges involving utilisation, equipment availability and fragmented spectrum management.
In 2018, the FCC reported that 3,174 of approximately 90,000 eligible public safety agencies were using the band. The agency also identified fragmented usage as a factor contributing to higher equipment costs and limited equipment choices.
Following several regulatory revisions, the FCC adopted final rules on 18 October 2024 authorising a Band Manager to seek a nationwide licence and enter into an agreement with the FirstNet Authority. The rules were subsequently challenged in court. On 21 July 2026, the US Court of Appeals for the District of Columbia Circuit resolved the consolidated case, denying one group's petitions on the merits while finding that another group lacked standing.
According to the CRS report, Congress could pursue four approaches:
Retain the 2024 FCC framework: Codify the existing rules, maintaining state and local public safety use while providing FirstNet Authority access to the band.
Restore local agency control: Override the 2024 rules and return control to local public safety agencies.
Enable spectrum sharing: Modify the framework to accommodate additional uses, potentially including unmanned aircraft systems and critical infrastructure.
Auction unassigned spectrum: Make the available spectrum accessible through an auction, although the process could delay its use.
The options reflect differing priorities among public safety agencies, critical infrastructure operators and wireless service providers.
Verizon has advocated auctioning the band, arguing that allocating 50 MHz of spectrum was worth an estimated US$14 billion and would create a financial windfall for AT&T. These figures represent Verizon's stated position, rather than an independently established valuation.
Separately, the Association of Public-Safety Communications Officials (APCO) submitted a petition to the FCC in February 2025 seeking regulatory changes to enable 5G use of the 4.9 GHz band. AT&T and Ericsson support the proposed changes. The CRS report states that the FCC sought public comment but does not establish whether it has taken further action on the petition.
Meanwhile, the First Responder Network Authority Reauthorization Act of 2026 (H.R. 7386) has passed the US House of Representatives and been referred to a Senate committee. Congress may consider the 4.9 GHz policy as part of the broader reauthorization process, although such consideration is not confirmed.
The eventual decision will shape the regulatory framework for the band, including how public safety requirements, local control, spectrum sharing and potential new wireless applications are accommodated.
